HB 569

1
A bill to be entitled
2An act relating to investment of public funds; amending
3ss. 17.57 and 218.415, F.S.; expanding authorized deposits
4of certain public funds in financial instruments insured
5by the Federal Deposit Insurance Corporation; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (7) of section 17.57, Florida
11Statutes, is amended to read:
12     17.57  Deposits and investments of state money.--
13     (7)  In addition to the deposits authorized under this
14section and notwithstanding any other provisions of law, funds
15that are not needed to meet the disbursement needs of the state
16may be deposited by the Chief Financial Officer in accordance
17with the following conditions:
18     (a)  The funds are initially deposited in a qualified
19public depository, as defined in s. 280.02, selected by the
20Chief Financial Officer.
21     (b)  The selected depository arranges for the deposit of
22the funds in financial instruments insured by the Federal
23Deposit Insurance Corporation certificates of deposit in one or
24more federally insured banks or savings and loan associations,
25wherever located, for the account of the state.
26     (c)  The full amount of principal and accrued interest of
27each such financial instrument certificate of deposit is insured
28by the Federal Deposit Insurance Corporation.
29     (d)  The selected depository acts as custodian for the
30state with respect to such financial instruments certificates of
31deposit issued for its account.
32     (e)  At the same time the state's funds are deposited and
33the financial instruments certificates of deposit are issued,
34the selected depository receives an amount of deposits from
35customers of other federally insured financial institutions,
36wherever located, equal to or greater than the amount of the
37funds initially invested by the Chief Financial Officer through
38the selected depository.
39     Section 2.  Subsection (23) of section 218.415, Florida
40Statutes, is amended to read:
41     218.415  Local government investment policies.--Investment
42activity by a unit of local government must be consistent with a
43written investment plan adopted by the governing body, or in the
44absence of the existence of a governing body, the respective
45principal officer of the unit of local government and maintained
46by the unit of local government or, in the alternative, such
47activity must be conducted in accordance with subsection (17).
48Any such unit of local government shall have an investment
49policy for any public funds in excess of the amounts needed to
50meet current expenses as provided in subsections (1)-(16), or
51shall meet the alternative investment guidelines contained in
52subsection (17). Such policies shall be structured to place the
53highest priority on the safety of principal and liquidity of
54funds. The optimization of investment returns shall be secondary
55to the requirements for safety and liquidity. Each unit of local
56government shall adopt policies that are commensurate with the
57nature and size of the public funds within its custody.
58     (23)  AUTHORIZED DEPOSITS.--In addition to the investments
59authorized for local governments in subsections (16) and (17)
60and notwithstanding any other provisions of law, a unit of local
61government may deposit any portion of surplus public funds in
62its control or possession in accordance with the following
63conditions:
64     (a)  The funds are initially deposited in a qualified
65public depository, as defined in s. 280.02, selected by the unit
66of local government.
67     (b)  The selected depository arranges for the deposit of
68the funds in financial instruments insured by the Federal
69Deposit Insurance Corporation certificates of deposit in one or
70more federally insured banks or savings and loan associations,
71wherever located, for the account of the unit of local
72government.
73     (c)  The full amount of principal and accrued interest of
74each such financial instrument certificate of deposit is insured
75by the Federal Deposit Insurance Corporation.
76     (d)  The selected depository acts as custodian for the unit
77of local government with respect to such financial instruments
78certificates of deposit issued for its account.
79     (e)  At the same time the unit of local government's funds
80are deposited and the financial instruments certificates of
81deposit are issued, the selected depository receives an amount
82of deposits from customers of other federally insured financial
83institutions, wherever located, equal to or greater than the
84amount of the funds initially invested by the unit of local
85government through the selected depository.
86     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.