Florida Senate - 2010 SB 2430 By Senator Smith 29-01292A-10 20102430__ 1 A bill to be entitled 2 An act relating to security for public deposits; 3 amending s. 280.02, F.S.; defining the terms “electing 4 public depository” and “participating public 5 depository”; amending s. 280.04, F.S.; providing 6 additional parameters for determining pledging levels 7 for each qualified public depository; providing an 8 additional minimum collateral threshold that a 9 qualified public depository must meet before accepting 10 or retaining a public deposit that is required to be 11 secured; amending s. 280.07, F.S.; providing a 12 procedure by which a qualified public depository may 13 become an electing public depository; exempting an 14 electing depository from certain requirements; 15 providing for the suspension of certain agreements 16 that contradict such exemption; providing for the 17 classification of electing public depositories that do 18 not meet certain collateral requirements; providing 19 that an electing public depository may terminate its 20 election upon written notice to the Chief Financial 21 Officer; authorizing the Chief Financial Officer to 22 deny such revocation upon consideration of specified 23 factors; requiring that the Chief Financial Officer 24 release certain excess collateral upon revocation of 25 an election; amending s. 280.08, F.S.; conforming 26 provisions to changes made by the act; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsections (31) and (32) are added to section 32 280.02, Florida Statutes, to read: 33 280.02 Definitions.—As used in this chapter, the term: 34 (31) “Electing public depository” means a qualified public 35 depository that has made the election in s. 280.07(2) in 36 compliance with the collateral requirements of s. 280.04. 37 (32) “Participating public depository” is a qualified 38 public depository that is not an electing public depository on 39 the date the Chief Financial Officer has determined a qualified 40 public depository to be in default or insolvent. 41 Section 2. Subsection (1) of section 280.04, Florida 42 Statutes, is amended, and paragraph (g) is added to subsection 43 (2) of that section, to read: 44 280.04 Collateral for public deposits; general provisions.— 45 (1) The Chief Financial Officer shall determine the 46 collateral requirements and collateral pledging level for each 47 qualified public depository following procedures established by 48 rule. These procedures shall include numerical parameters for 49 25-percent, 50-percent, 110-percent, 125-percent, and 200 50 percent pledge levels based on nationally recognized financial 51 rating services information and established financial 52 performance guidelines. 53 (2) A qualified public depository may not accept or retain 54 any public deposit which is required to be secured unless it has 55 deposited with the Chief Financial Officer eligible collateral 56 at least equal to the greater of: 57 (g) One hundred ten percent of the average daily balance of 58 public deposits if the qualified public depository is an 59 electing public depository. 60 Section 3. Section 280.07, Florida Statutes, is amended to 61 read: 62 280.07 Mutual responsibility and contingent liability.— 63 (1) Any bank or savings association that is designated as a 64 participatingqualifiedpublic depository and that is not 65 insolvent shall guarantee public depositors against loss caused 66 by the default or insolvency of other qualified public 67 depositories. Each participatingqualifiedpublic depository 68 shall execute a form prescribed by the Chief Financial Officer 69 for such guarantee which shall be approved by the board of 70 directors and shall become an official record of the 71 institution. 72 (2) A qualified public depository becomes an electing 73 public depository upon written notice to the Chief Financial 74 Officer that the qualified public depository desires to be 75 classified as an electing public depository and upon compliance 76 with the collateral requirements of s. 280.04 for an electing 77 public depository. An electing public depository shall not be 78 subject to the cross-guaranty pool requirements of a 79 participating public depository or any security agreement, 80 guarantee, or other agreement with the Chief Financial Officer 81 to the contrary and shall be suspended while the qualified 82 public depository is classified as an electing public 83 depository. A qualified public depository making the election to 84 be classified as an electing public depository shall be treated 85 as a participating public depository at any time it is not in 86 compliance with the collateral requirements of s. 280.04 87 applicable to an electing public depository. 88 (3) An electing public depository may terminate its 89 election and reenter the cross-guaranty pool by providing 90 written notice to the Chief Financial Officer. The Chief 91 Financial Officer may deny revocation of such election or 92 reentry into the cross-guaranty pool after considering the 93 electing public depository’s level of capitalization, credit 94 rating, or other factors relating to bank health. Upon 95 revocation of the election, the Chief Financial Officer shall 96 release any excess collateral applicable to the revoked 97 depository’s status as an electing public depository. 98 Section 4. Subsections (3) and (4) of section 280.08, 99 Florida Statutes, are amended to read: 100 280.08 Procedure for payment of losses.—When the Chief 101 Financial Officer determines that a default or insolvency has 102 occurred, he or she shall provide notice as required in s. 103 280.085 and implement the following procedures: 104 (3)(a) The loss to public depositors shall be satisfied, 105 insofar as possible, first through any applicable deposit 106 insurance and then through demanding payment under letters of 107 credit or the sale of collateral pledged or deposited by the 108 defaulting depository. The Chief Financial Officer may assess 109 participatingqualifiedpublic depositories as provided in 110 paragraph (b) for the total loss if the demand for payment or 111 sale of collateral cannot be accomplished within 7 business 112 days. 113 (b) The Chief Financial Officer shall provide coverage of 114 any remaining loss by assessment against the other participating 115qualifiedpublic depositories. The Chief Financial Officer shall 116 determine such assessment for each participatingqualified117 public depository by multiplying the total amount of any 118 remaining loss to all public depositors by a percentage which 119 represents the average monthly balance of public deposits held 120 by each participatingqualifiedpublic depository during the 121 previous 12 months divided by the total average monthly balances 122 of public deposits held by all participatingqualifiedpublic 123 depositories, excluding the defaulting depository, during the 124 same period. The assessment calculation shall be computed to six 125 decimal places. 126 (4) Each participatingqualifiedpublic depository shall 127 pay its assessment to the Chief Financial Officer within 7 128 business days after it receives notice of the assessment. If a 129 depository fails to pay its assessment when due, the Chief 130 Financial Officer shall satisfy the assessment by demanding 131 payment under letters of credit or selling collateral pledged or 132 deposited by that depository. 133 Section 5. This act shall take effect July 1, 2010.