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  participating qualified public 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 participating qualified public 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  participating qualified public 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
  115  qualified public depositories. The Chief Financial Officer shall
  116  determine such assessment for each participating qualified
  117  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 participating qualified public depository during the
  121  previous 12 months divided by the total average monthly balances
  122  of public deposits held by all participating qualified public
  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 participating qualified public 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.