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