Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 110
       
       
       
       
       
       
                                Ì356102kÎ356102                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                
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       The Committee on Appropriations (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 247 and 248
    4  insert:
    5         Section 5. Section 215.4725, Florida Statutes, is amended
    6  to read: 
    7         215.4725 Prohibited investments by the State Board of
    8  Administration; companies that boycott Israel.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Boycott Israel” or “boycott of Israel” means refusing
   11  to deal, terminating business activities, or taking other
   12  actions to limit commercial relations with Israel, or persons or
   13  entities doing business in Israel or in Israeli-controlled
   14  territories, in a discriminatory manner. A statement by a
   15  company that it is participating in a boycott of Israel, or that
   16  it has initiated a boycott in response to a request for a
   17  boycott of Israel or in compliance with, or in furtherance of,
   18  calls for a boycott of Israel, may be considered by the State
   19  Board of Administration to be evidence that a company is
   20  participating in a boycott of Israel. The term includes taking
   21  adverse action, including changes to published commercial
   22  financial ratings, risk ratings, and controversy ratings based
   23  on non-pecuniary factors, to inflict economic harm on Israel or
   24  persons or entities doing business in Israel or in Israeli
   25  controlled territories. The term does not include restrictive
   26  trade practices or boycotts fostered or imposed by foreign
   27  countries against Israel.
   28         (b) “Company” means a sole proprietorship, organization,
   29  association, corporation, partnership, joint venture, limited
   30  partnership, limited liability partnership, limited liability
   31  company, or other entity or business association, including all
   32  wholly owned subsidiaries, majority-owned subsidiaries, and
   33  parent companies, that exists for the purpose of making profit.
   34         (c) “Direct holdings” in a company means all securities of
   35  that company that are held directly by the public fund or in an
   36  account or fund in which the public fund owns all shares or
   37  interests.
   38         (d) “Indirect holdings” in a company means all securities
   39  of that company that are held in a commingled fund or other
   40  collective investment, such as a mutual fund, in which the
   41  public fund owns shares or interests, together with other
   42  investors not subject to this section or which are held in an
   43  index fund.
   44         (e) “Public fund” means all funds, assets, trustee, and
   45  other designates under the State Board of Administration
   46  pursuant to part I of chapter 121.
   47         (f) “Scrutinized companies” means companies that boycott
   48  Israel or engage in a boycott of Israel.
   49         (2) IDENTIFICATION OF COMPANIES.—
   50         (a) The public fund shall make its best efforts to identify
   51  all scrutinized companies in which the public fund has direct or
   52  indirect holdings or could possibly have such holdings in the
   53  future. Such efforts include:
   54         1. To the extent that the public fund finds it appropriate,
   55  reviewing and relying on publicly available information
   56  regarding companies that boycott Israel, including information
   57  provided by nonprofit organizations, research firms,
   58  international organizations, and government entities;
   59         2. Contacting asset managers contracted by the public fund
   60  for information regarding companies that boycott Israel; or
   61         3. Contacting other institutional investors that prohibit
   62  such investments or that have engaged with companies that
   63  boycott Israel.
   64         (b) By the first meeting of the public fund following the
   65  identification of scrutinized companies in accordance with
   66  paragraph (a), the public fund shall compile and make available
   67  the “Scrutinized Companies that Boycott Israel List.”
   68         (c) The public fund shall update and make publicly
   69  available quarterly the Scrutinized Companies that Boycott
   70  Israel List based on evolving information from, among other
   71  sources, those listed in paragraph (a).
   72         (3) REQUIRED ACTIONS.—The public fund shall adhere to the
   73  following procedures for assembling companies on the Scrutinized
   74  Companies that Boycott Israel List.
   75         (a) Engagement.—
   76         1. The public fund shall immediately determine the
   77  companies on the Scrutinized Companies that Boycott Israel List
   78  in which the public fund owns direct or indirect holdings.
   79         2. For each company newly identified under this paragraph,
   80  the public fund shall send a written notice informing the
   81  company of its scrutinized company status and that it may become
   82  subject to investment prohibition or divestment by the public
   83  fund. The notice must inform the company of the opportunity to
   84  clarify its activities regarding the boycott of Israel and
   85  encourage the company to cease the boycott of Israel within 90
   86  days in order to avoid qualifying for investment prohibition or
   87  divestment.
   88         3. If, within 90 days after the public fund’s first
   89  engagement with a company pursuant to this paragraph, the
   90  company ceases a boycott of Israel, the company shall be removed
   91  from the Scrutinized Companies that Boycott Israel List, and the
   92  provisions of this section shall cease to apply to that company
   93  unless that company resumes a boycott of Israel.
   94         (b) Divestment.—
   95         1. If, after 90 days following the public fund's first
   96  engagement with a company pursuant to paragraph (a), the company
   97  continues to boycott Israel, the public fund shall sell, redeem,
   98  divest, or withdraw all publicly traded securities of the
   99  company from the public fund within 12 months after the
  100  company's most recent appearance on the Scrutinized Companies
  101  that Boycott Israel List.
  102         2. If a company that ceased a boycott of Israel following
  103  engagement pursuant to paragraph (a) resumes such activities,
  104  this paragraph immediately applies, and the board shall send a
  105  written notice to the company. The company shall also be
  106  immediately reintroduced onto the Scrutinized Companies that
  107  Boycott Israel List, as applicable.
  108         (c)(b)Prohibition.—The public fund is prohibited from
  109  acquiring may not acquire securities of companies on the
  110  Scrutinized Companies that Boycott Israel List, except as
  111  provided in paragraph (c) and subsection (6).
  112         (d)(c)Excluded securities.—Notwithstanding the provisions
  113  of this section, paragraph (b) does not apply to:
  114         1. Indirect holdings. However, the public fund shall submit
  115  letters to the managers of such investment funds containing
  116  companies that boycott Israel requesting that they consider
  117  removing such companies from the fund or create a similar fund
  118  having indirect holdings devoid of such companies. If the
  119  manager creates a similar fund, the public fund shall replace
  120  all applicable investments with investments in the similar fund
  121  in an expedited timeframe consistent with prudent investing
  122  standards. For the purposes of this section, an alternative
  123  investment, as the term is defined in s. 215.4401, and
  124  securities that are not publicly traded are deemed to be
  125  indirect holdings.
  126         2. Exchange-traded funds.
  127         (4) REPORTING.—
  128         (a) The public fund shall file a report with each member of
  129  the Board of Trustees of the State Board of Administration, the
  130  President of the Senate, and the Speaker of the House of
  131  Representatives which includes the Scrutinized Companies that
  132  Boycott Israel List within 30 days after the list is created.
  133  This report shall be made available to the public.
  134         (b) At each quarterly meeting of the Board of Trustees
  135  thereafter, the public fund shall file a report, which shall be
  136  made available to the public and to each member of the Board of
  137  Trustees of the State Board of Administration, the President of
  138  the Senate, and the Speaker of the House of Representatives,
  139  which includes:
  140         1. A summary of correspondence with companies engaged by
  141  the public fund under subparagraph (3)(a)2.;
  142         2. All prohibited investments under paragraph (3)(c)(b);
  143         3. Any progress made under paragraph (3)(d)(c); and
  144         4. A list of all publicly traded securities held directly
  145  by the public fund.
  146         (5) INVESTMENT POLICY STATEMENT OBLIGATIONS.—The public
  147  fund’s actions taken in compliance with this section, including
  148  all good faith determinations regarding companies as required by
  149  this act, shall be adopted and incorporated into the public
  150  fund’s investment policy statement as provided in s. 215.475.
  151         (6) INVESTMENT AND REINVESTMENT IN CERTAIN SCRUTINIZED
  152  COMPANIES.—Notwithstanding any other provision of this section,
  153  the public fund may invest in, cease divesting from, or reinvest
  154  in, certain scrutinized companies if clear and convincing
  155  evidence shows that the value of all assets under management by
  156  the public fund becomes equal to or less than 99.50 percent, or
  157  50 basis points, of the hypothetical value of all assets under
  158  management by the public fund, assuming no investment
  159  prohibition or divestment for any company had occurred under
  160  paragraph (3)(b). Cessation of the investment prohibition,
  161  divestment, reinvestment, or and any new investment in a
  162  scrutinized company is limited to the minimum steps necessary to
  163  avoid the contingency described in this subsection. For any
  164  cessation of the investment prohibition, divestment,
  165  reinvestment, or and new investment authorized by this
  166  subsection, the public fund shall provide a written report to
  167  each member of the Board of Trustees of the State Board of
  168  Administration, the President of the Senate, and the Speaker of
  169  the House of Representatives in advance of the divestment,
  170  reinvestment, or new investment, updated semiannually thereafter
  171  as applicable, setting forth the reasons and justification,
  172  supported by clear and convincing evidence, for its decisions to
  173  cease the investment prohibition, divestment, or reinvestment in
  174  scrutinized companies.
  175         
  176  
  177  ================= T I T L E  A M E N D M E N T ================
  178  And the title is amended as follows:
  179         Delete line 38
  180  and insert:
  181         investments; amending s. 215.4725, F.S.; amending the
  182         definition of the terms "Boycott Israel" or "boycott
  183         of Israel"; requiring the public fund to notify
  184         companies it places on the Scrutinized Companies that
  185         Boycott Israel List that they may be subject to
  186         divestment; providing a timeframe for the public
  187         fund's divestment from companies that boycott Israel,
  188         and processes for the companies' reintroduction on the
  189         Scrutinized Companies that Boycott Israel List in
  190         certain circumstances; authorizing the public fund to
  191         cease its divestment from or reinvest in certain
  192         scrutinized companies if the value of all assets under
  193         management by the public fund becomes equal to or less
  194         than a specified amount, pursuant to specified
  195         procedures; reenacting ss. 112.661(5)(a),