House Bill 1831

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    Florida House of Representatives - 2000                HB 1831

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to public deposits; amending s.

  3         280.02, F.S.; defining the terms "affiliate,"

  4         "book-entry form," "operating subsidiary,"

  5         "pledged collateral," "pledgor," "pool figure,"

  6         "Treasurer's custody," and "triggering events"

  7         and redefining the terms "collateral-pledging

  8         level" and "public deposit"; amending s.

  9         280.04, F.S.; revising general provisions

10         relating to collateral for public deposits;

11         creating s. 280.041, F.S.; prescribing

12         requirements for collateral arrangements;

13         providing duties and powers of the Treasurer;

14         prescribing duties and powers of depositories;

15         amending s. 280.13, F.S.; revising the list of

16         securities eligible to be pledged as

17         collateral; amending s. 625.52, F.S.; revising

18         requirements for certificates of deposit to

19         constitute securities eligible for deposit;

20         amending s. 660.27, F.S.; providing

21         requirements for deposit of securities with the

22         Department of Banking and Finance; authorizing

23         the department to adopt rules with respect to

24         the deposit of securities; providing an

25         effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 280.02, Florida Statutes, is

30  amended to read:

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  1         280.02  Definitions.--As used in this chapter, the

  2  term:

  3         (1)  "Affiliate" means an entity that is related

  4  through a parent corporation's controlling interest. The term

  5  also includes any financial institution holding company or any

  6  subsidiary or service corporation of such holding company.

  7         (2)(1)  "Average daily balance" means the average daily

  8  balance of public deposits held during the reported month. The

  9  average daily balance must be determined by totaling, by

10  account, the daily balances held by the depositor and then

11  dividing the total by the number of calendar days in the

12  month. Deposit insurance is then deducted from each account

13  balance and the resulting amounts are totaled to obtain the

14  average daily balance.

15         (3)(2)  "Average monthly balance" means the average

16  monthly balance of public deposits held, before deducting

17  deposit insurance, by the depository during any 12 calendar

18  months.  The average monthly balance of the previous 12

19  calendar months must be determined by adding the average daily

20  balance before deducting deposit insurance for the reported

21  month and the average daily balances before deducting deposit

22  insurance for the 11 months preceding that month and dividing

23  the total by 12.

24         (4)  "Book-entry form" means that securities are not

25  represented by a paper certificate but represented by an

26  account entry on the records of a depository trust clearing

27  system or, in the case of United States Government securities,

28  a Federal Reserve Bank.

29         (5)(3)  "Capital account" means total equity capital,

30  as defined on the balance-sheet portion of the Consolidated

31  Reports of Condition and Income (call report) or the Thrift

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  1  Financial Report, less intangible assets, as submitted to the

  2  regulatory banking authority.

  3         (6)(4)  "Collateral-pledging level," for qualified

  4  public depositories, means the percentage of collateral

  5  required to be pledged as provided in s. 280.04 by a financial

  6  institution.

  7         (7)(5)  "Current month" means the month immediately

  8  following the month for which the monthly report is due from

  9  qualified public depositories.

10         (8)(6)  "Custodian" means the Treasurer or any bank,

11  savings association, or trust company that:

12         (a)  Is organized and existing under the laws of this

13  state, any other state, or the United States;

14         (b)  Has executed all forms required under this chapter

15  or any rule adopted hereunder;

16         (c)  Agrees to be subject to the jurisdiction of the

17  courts of this state, or of courts of the United States which

18  are located within this state, for the purpose of any

19  litigation arising out of this chapter; and

20         (d)  Has been approved by the Treasurer to act as a

21  custodian.

22         (9)(7)  "Default or insolvency" includes, without

23  limitation, the failure or refusal of a qualified public

24  depository to pay any check or warrant drawn upon sufficient

25  and collected funds by any public depositor or to return any

26  deposit on demand or at maturity together with interest as

27  agreed; the issuance of an order by any supervisory authority

28  restraining such depository from making payments of deposit

29  liabilities; or the appointment of a receiver for such

30  depository.

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  1         (10)(8)  "Effective date of notice of withdrawal or

  2  order of discontinuance" pursuant to s. 280.11(3) means that

  3  date which is set out as such in any notice of withdrawal or

  4  order of discontinuance from the Treasurer.

  5         (11)(9)  "Eligible collateral" means securities as

  6  designated in s. 280.13.

  7         (12)(10)  "Financial institution" means, including, but

  8  not limited to, an association, bank, brokerage firm, credit

  9  union, industrial savings bank, savings and loan association,

10  trust company, or other type of financial institution

11  organized under the laws of this state or any other state of

12  the United States and doing business in this state or any

13  other state, in the general nature of the business conducted

14  by banks and savings associations.

15         (13)(11)  "Governmental unit" means the state or any

16  county, school district, community college district, special

17  district, metropolitan government, or municipality, including

18  any agency, board, bureau, commission, and institution of any

19  of such entities, or any court.

20         (14)(12)  "Loss to public depositors" means loss of all

21  principal and all interest or other earnings on the principal

22  accrued or accruing as of the date the qualified public

23  depository was declared in default or insolvent.

24         (15)  "Operating subsidiary" means the qualified public

25  depository's 100-percent-owned corporation that has ownership

26  of pledged collateral. The operating subsidiary may have no

27  powers beyond those that its parent qualified public

28  depository may itself exercise. The use of an operating

29  subsidiary is at the discretion of the qualified public

30  depository and must meet the Treasurer's requirements.

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  1         (16)  "Pledged collateral" means securities or cash

  2  held separately and distinctly by an eligible custodian for

  3  the benefit of the Treasurer to be used as security for

  4  Florida public deposits. This includes maturity and call

  5  proceeds.

  6         (17)  "Pledgor" means the qualified public depository

  7  and, if one is used, operating subsidiary.

  8         (18)  "Pool figure" means the total average monthly

  9  balances of public deposits held by all qualified public

10  depositories during the immediately preceding 12-month period.

11         (19)(13)  "Previous month" means the month or months

12  immediately preceding the month for which a monthly report is

13  due from qualified public depositories.

14         (20)(14)  "Public deposit" means the moneys of the

15  state or of any county, school district, community college

16  district, special district, metropolitan government, or

17  municipality, including agencies, boards, bureaus,

18  commissions, and institutions of any of the foregoing, or of

19  any court, and includes the moneys of all county officers,

20  including constitutional officers, that are placed on deposit

21  in a bank, savings bank, or savings association and for which

22  the bank, savings bank, or savings association is required to

23  maintain reserves. This includes, including, but is not

24  limited to, time deposit accounts, demand deposit accounts,

25  and nonnegotiable certificates of deposit.  All certificates

26  of deposit, whether negotiable or nonnegotiable, shall be

27  considered deposits and shall be subject to the provisions of

28  this chapter. Moneys in deposit notes and in other nondeposit

29  accounts such as used in repurchase or reverse repurchase

30  operations are investments and are not public deposits as

31  defined in this subsection. Securities, mutual funds, and

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  1  similar types of investments are not considered public

  2  deposits and shall not be subject to the provisions of this

  3  chapter.

  4         (21)(15)  "Public depositor" means the Treasurer or

  5  other chief financial officer or designee responsible for

  6  handling public deposits.

  7         (22)(16)  "Public deposits program" means the

  8  administration of this chapter by or on behalf of the

  9  Treasurer.

10         (23)(17)  "Qualified public depository" means any bank,

11  savings bank, or savings association that:

12         (a)  Is organized and exists under the laws of the

13  United States, the laws of this state or any other state or

14  territory of the United States.

15         (b)  Has its principal place of business in this state

16  or has a branch office in this state which is authorized under

17  the laws of this state or of the United States to receive

18  deposits in this state.

19         (c)  Has deposit insurance under the provision of the

20  Federal Deposit Insurance Act, as amended, 12 U.S.C. ss. 1811

21  et seq.

22         (d)  Has procedures and practices for accurate

23  identification, classification, reporting, and

24  collateralization of public deposits.

25         (e)  Meets all the requirements of this chapter.

26         (f)  Has been designated by the Treasurer as a

27  qualified public depository.

28         (24)(18)  "Reported month" means the month for which a

29  monthly report is due from qualified public depositories.

30         (25)(19)  "Required collateral" of a qualified public

31  depository means eligible collateral having a market value

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  1  equal to or in excess of the amount required to be pledged

  2  pursuant to s. 280.04 as computed and reported monthly or when

  3  requested by the Treasurer.

  4         (26)(20)  "Treasurer" means the Treasurer of the State

  5  of Florida.

  6         (27)  "Treasurer's custody" is a collateral arrangement

  7  governed by a contract between a designated Treasurer's

  8  custodian and the Treasurer. This arrangement requires

  9  collateral to be in the Treasurer's name in order to perfect

10  the security interest.

11         (28)  "Triggering events" are events set out in s.

12  280.041(4) which give the Treasurer, as pledgee, the right to

13  instruct the custodian to transfer securities pledged,

14  interest payments, and other proceeds of pledged collateral

15  not previously credited to the pledgor.

16         Section 2.  Section 280.04, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 280.04, F.S., for present text.)

20         280.04  Collateral for public deposits; general

21  provisions.--

22         (1)  The Treasurer shall determine the collateral

23  requirements and collateral pledging level for each qualified

24  public depository following procedures established by rule.

25  These procedures shall include numerical parameters for

26  25-percent, 50-percent, 125-percent, and 200-percent pledge

27  levels based on nationally recognized financial rating

28  services information and established financial performance

29  guidelines.

30         (2)  A qualified public depository may not accept or

31  retain a public deposit which is required to be secured unless

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  1  it has deposited with the Treasurer eligible collateral at

  2  least equal to the greater of:

  3         (a)  The average daily balance of public deposits that

  4  does not exceed the lesser of its capital account or 20

  5  percent of the pool figure multiplied by the depository's

  6  collateral-pledging level, plus the greater of:

  7         1.  One hundred twenty-five percent of the average

  8  daily balance of public deposits in excess of capital

  9  accounts; or

10         2.  One hundred twenty-five percent of the average

11  daily balance of public accounts in excess of 20 percent of

12  the pool figure.

13         (b)  Twenty-five percent of the average monthly balance

14  of public deposits.

15         (c)  One hundred twenty-five percent of the average

16  daily balance of public deposits if the qualified public

17  depository:

18         1.  Has been established for less than 3 years;

19         2.  Has experienced material decreases in its capital

20  accounts; or

21         3.  Has an overall financial condition that is

22  materially deteriorating.

23         (d)  Two hundred percent of an established maximum

24  amount of public deposits that has been mutually agreed upon

25  by and between the Treasurer and the qualified public

26  depository.

27         (e)  Minimum required collateral of $100,000.

28         (3)  Additional collateral is required within 48 hours

29  if public deposits are accepted that would increase the

30  qualified public depository's average daily balance for the

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  1  current month by 25 percent over the average daily balance of

  2  the previously reported month.

  3         (4)  Additional collateral of 20 percent of required

  4  collateral is necessary if a valuation date other than the

  5  close of business as described in subsection (5) has been

  6  approved for the qualified public depository and the required

  7  collateral is found to be insufficient based on the

  8  Treasurer's valuation.

  9         (5)  Each qualified public depository shall value its

10  collateral in the following manner; it must:

11         (a)  Use a nationally recognized source.

12         (b)  Use market price, quality ratings, and pay-down

13  factors as of the close of business on the last banking day in

14  the reported month, or as of a date approved by the Treasurer.

15         (c)  Report any material decline in value that occurs

16  before the date of mailing the monthly report to the

17  Treasurer.

18         Section 3.  Section 280.041, Florida Statutes, is

19  created to read:

20         280.041  Collateral arrangements; agreements,

21  provisions, and triggering events.--

22         (1)  With the approval of the Treasurer, a qualified

23  public depository or operating subsidiary, as pledgor, may

24  deposit eligible collateral with a custodian. Except in the

25  case of using a Federal Reserved Bank as custodian, which may

26  require other collateral agreement provisions, the following

27  are necessary for the Treasurer's approval:

28         (a)  A completed collateral agreement in a form

29  prescribed by the Treasurer in which the pledgor agrees to the

30  following provisions:

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  1         1.  The pledgor shall own the pledged collateral. The

  2  pledged collateral shall meet the definition of eligible

  3  collateral and shall be at least equal to the amount of

  4  required collateral.

  5         2.  The pledgor shall grant to the Treasurer an

  6  interest in pledged collateral to secure Florida public

  7  deposits. The pledgor shall not enter into or execute any

  8  other agreement related to the pledged collateral that would

  9  create an interest in or lien on that collateral in any manner

10  in favor of a third party without the written consent of the

11  Treasurer.

12         3.  The pledgor shall not grant the custodian any lien

13  that attaches to the collateral in favor of the custodian that

14  is superior or equal to the security interest of the

15  Treasurer.

16         4.  The pledgor shall agree that the Treasurer may,

17  without notice to or consent by the pledgor, require the

18  custodian to comply with and perform any and all requests and

19  orders directly from the Treasurer. These include, but are not

20  limited to, liquidating all collateral and submitting the

21  proceeds directly to the Treasurer in the name of the

22  Treasurer only or transferring all collateral into an account

23  designated solely by the Treasurer.

24         5.  The pledgor shall acknowledge that the Treasurer

25  may, without notice to or consent by the pledgor, require the

26  custodian to hold principal payments and income for the

27  benefit of the Treasurer.

28         6.  The pledgor shall initiate collateral transactions

29  on forms prescribed by the Treasurer in the following manner:

30         a.  A deposit transaction of eligible collateral may be

31  made without prior approval from the Treasurer, provided that

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  1  security types that have restrictions have been approved in

  2  advance of the transaction by the Treasurer, simultaneous

  3  notification is given to the Treasurer, and the custodian has

  4  not received notice from the Treasurer prohibiting deposits

  5  without prior approval.

  6         b.  A substitution transaction of eligible collateral

  7  may be made without prior approval from the Treasurer,

  8  provided that security types that have restrictions have been

  9  approved in advance of the transaction by the Treasurer, the

10  market value of the securities to be substituted is at least

11  equal to the amount withdrawn, simultaneous notification is

12  given to the Treasurer, and the custodian has not received

13  notice from the Treasurer prohibiting substitution.

14         c.  A transfer of collateral between accounts at a

15  custodian requires the Treasurer's prior approval. The

16  collateral shall be released subject to redeposit in the new

17  account with a pledge to the Treasurer intact.

18         d.  A transfer of collateral from a custodian to

19  another custodian requires the Treasurer's prior approval and

20  a valid collateral agreement with the new custodian. The

21  collateral shall be released subject to redeposit at the new

22  custodian with a pledge to the Treasurer intact.

23         e.  A withdrawal transaction requires the Treasurer's

24  prior approval. The market value of eligible collateral

25  remaining after the withdrawal shall be at least equal to the

26  amount of required collateral. A withdrawal transaction shall

27  be executed for any release of collateral, including maturity

28  or call proceeds.

29         f.  Written notice shall be sent to the Treasurer to

30  remove from the inventory of pledged collateral a pay-down

31  security that has paid out with zero principal remaining.

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  1         7.  If pledged collateral includes definitive

  2  (physical) securities in registered form which are in the name

  3  of the pledgor or a nominee, the pledgor shall deliver the

  4  following documents when requested by the Treasurer:

  5         a.  A separate certified power of attorney in a form

  6  prescribed by the Treasurer for each issue of securities.

  7         b.  Separate bond assignment forms as required by the

  8  bond agent or trustee.

  9         c.  Certified copies of resolutions adopted by the

10  pledgor's governing body authorizing execution of these

11  documents.

12         8.  The pledgor shall be responsible for all costs

13  necessary to the functioning of the collateral agreement or

14  associated with confirmation of pledged collateral to the

15  Treasurer and acknowledges that these costs shall not be a

16  charge against the Treasurer or his or her interests in the

17  pledged collateral.

18         9.  The pledgor, if notified by the Treasurer, shall

19  not be allowed to use a custodian if that custodian fails to

20  complete the collateral agreement, releases pledged collateral

21  without the Treasurer's approval, fails to properly complete

22  confirmations of pledged collateral, fails to honor a request

23  for examination of definitive pledged collateral and records

24  of book-entry securities, or fails to provide requested

25  documents on definitive securities.

26         10.  The pledgor shall be subject to the jurisdiction

27  of the courts of the State of Florida, or of courts of the

28  United States located within the State of Florida, for the

29  purpose of any litigation arising out of the act.

30

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  1         11.  The pledgor is responsible and liable to the

  2  Treasurer for any action of agents the pledgor uses to execute

  3  collateral transactions or submit reports to the Treasurer.

  4         12.  The pledgor shall agree that any information,

  5  form, or report electronically transmitted to the Treasurer

  6  shall have the same enforceability as a signed writing.

  7         13.  The pledgor shall submit proof that authorized

  8  individuals executed the collateral agreement on behalf of the

  9  pledgor.

10         14.  The pledgor shall agree by resolution of the board

11  of directors that collateral agreements entered into in order

12  to hold Florida public deposits have been formally accepted

13  and constitute official records of the pledgor.

14         15.  The pledgor shall be bound by any other provision

15  found necessary for a perfected security interest in

16  collateral under the Uniform Commercial Code.

17         (b)  A completed collateral agreement in a form

18  prescribed by the Treasurer in which the custodian agrees to

19  the following provisions:

20         1.  The custodian shall have no responsibility to

21  ascertain whether the pledged securities are at least equal to

22  the amount of required collateral or whether the pledged

23  securities are eligible collateral.

24         2.  The custodian shall hold pledged collateral in a

25  custody account for the Treasurer to secure Florida public

26  deposits. The custodian shall not enter into or execute any

27  other agreement related to the collateral that would create an

28  interest in or lien on that collateral in any manner in favor

29  of a third party without the written consent of the Treasurer.

30         3.  The custodian shall agree that any lien that

31  attaches to the collateral in favor of the custodian shall not

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  1  be superior or equal to the security interest of the

  2  Treasurer.

  3         4.  The custodian shall, without notice to or consent

  4  by the pledgor, comply with and perform any and all requests

  5  and orders directly from the Treasurer. These include, but are

  6  not limited to, liquidating all collateral and submitting the

  7  proceeds directly to the Treasurer in the name of the

  8  Treasurer only or transferring all collateral into an account

  9  designated solely by the Treasurer.

10         5.  The custodian shall consider principal payments on

11  pay-down securities and income paid on pledged collateral as

12  the property of the pledgor and shall pay thereto, provided

13  that the custodian has not received written notice from the

14  Treasurer to hold such principal payments and income for the

15  benefit of the Treasurer.

16         6.  The custodian shall process collateral transactions

17  on forms prescribed by the Treasurer in the following manner:

18         a.  A deposit transaction of eligible collateral may be

19  made without prior approval from the Treasurer unless the

20  custodian has received notice from the Treasurer requiring the

21  Treasurer's prior approval.

22         b.  A substitution transaction of eligible collateral

23  may be made without prior approval from the Treasurer,

24  provided the pledgor certifies that the market value of the

25  securities to be substituted is at least equal to the market

26  value amount of the securities to be withdrawn and that the

27  custodian has not received notice from the Treasurer

28  prohibiting substitution.

29         c.  A transfer of collateral between accounts at a

30  custodian requires the Treasurer's prior approval. The

31  collateral shall be released subject to redeposit in the new

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  1  account with a pledge to the Treasurer intact. Confirmation

  2  from the custodian to the Treasurer must be received within 5

  3  business days after the redeposit.

  4         d.  A transfer of collateral from a custodian to

  5  another custodian requires the Treasurer's prior approval. The

  6  collateral shall be released subject to redeposit at the new

  7  custodian with a pledge to the Treasurer intact. Confirmation

  8  from the new custodian to the Treasurer must be received

  9  within 5 business days after the redeposit.

10         e.  A withdrawal transaction requires the Treasurer's

11  prior approval. A withdrawal transaction shall be executed for

12  the release of any pledged collateral, including maturity or

13  call proceeds.

14         7.  If pledged collateral includes definitive

15  (physical) securities in registered form, which are in the

16  name of the custodian or a nominee, the custodian shall

17  deliver the following documents when requested by the

18  Treasurer:

19         a.  A separate certified power of attorney in a form

20  prescribed by the Treasurer for each issue of securities.

21         b.  Separate bond assignment forms as required by the

22  bond agent or trustee.

23         c.  Certified copies of resolutions adopted by the

24  custodian's governing body authorizing execution of these

25  documents.

26         8.  The custodian shall acknowledge that the pledgor is

27  responsible for all costs necessary to the functioning of the

28  collateral agreement or associated with confirmation of

29  securities pledged to the Treasurer and that these costs shall

30  not be a charge against the Treasurer or his or her interests

31  in the pledged collateral.

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  1         9.  The custodian shall agree to provide confirmation

  2  of pledged collateral upon request from the Treasurer. This

  3  confirmation shall be provided within 15 working days after

  4  the request, in a format prescribed by the Treasurer, and

  5  shall require no identification other than the pledgor's name

  6  and location, unless the special identification is provided in

  7  the collateral agreement.

  8         10.  The custodian shall be subject to the jurisdiction

  9  of the courts of the State of Florida, or of courts of the

10  United States located within the State of Florida, for the

11  purpose of any litigation arising out of the act.

12         11.  The custodian shall be responsible and liable to

13  the Treasurer for any action of agents the custodian uses to

14  hold and service collateral pledged to the Treasurer.

15         12.  The custodian shall agree that any information,

16  form, or report electronically transmitted to the Treasurer

17  shall have the same enforceability as a signed writing.

18         13.  The Treasurer shall have the right to examine

19  definitive pledged collateral and records of book-entry

20  securities during the regular business hours of the custodian

21  without cost to the Treasurer.

22         14.  The responsibilities of the custodian for the

23  safekeeping of the pledged collateral shall be limited to the

24  diligence and care usually exercised by a banking or trust

25  institution toward its own property.

26         15.  The custodian shall be bound by any other

27  provision found necessary for the Treasurer to have a

28  perfected security interest in collateral under the Uniform

29  Commercial Code.

30         (2)  With the approval of the Treasurer, a qualified

31  public depository or operating subsidiary, as pledgor, may

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  1  deposit eligible collateral with a Federal Reserve Bank, as

  2  custodian, under an agreement with provisions as stated in

  3  subsection (1) which are consistent with both federal and

  4  state laws, rules, and regulations.

  5         (3)  The Treasurer may require deposit or transfer of

  6  collateral into a custodial account established in the

  7  Treasurer's name at a designated custodian. This requirement

  8  for Treasurer's custody shall have the following

  9  characteristics:

10         (a)  One or more triggering events must have occurred.

11         (b)  The custodian used must be a Treasurer's approved

12  custodian that must:

13         1.  Meet the definition of custodian.

14         2.  Not be an affiliate of the qualified public

15  depository.

16         3.  Be bound under a distinct Treasurer's custodial

17  contract.

18         (c)  All deposit transactions require the approval of

19  the Treasurer.

20         (d)  All collateral must be in book-entry form.

21         (e)  The qualified public depository shall be

22  responsible for all costs necessary to the functioning of the

23  contract or associated with the confirmation of securities in

24  the name of the Treasurer and shall acknowledge that these

25  costs shall not be a charge against the Treasurer and may be

26  deducted from the collateral or income earned if unpaid.

27         (4)  The Treasurer may direct a custodian to deposit or

28  transfer collateral and proceeds of securities not previously

29  credited upon the occurrence of one or more triggering events,

30  provided that, to the extent not incompatible with the

31  protection of public deposits as determined in the Treasurer's

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  1  sole and absolute discretion, the Treasurer shall provide a

  2  custodian with 48 hours' advance notice before directing such

  3  deposit or transfer. Triggering events include:

  4         (a)  A determination by the Treasurer that an immediate

  5  danger to the public health, safety, or welfare exists.

  6         (b)  Failure of the qualified public depository to have

  7  adequate procedures and practices for the accurate

  8  identification, classification, reporting, and

  9  collateralization of public deposits.

10         (c)  Failure of the custodian to provide or allow

11  inspection and verification of documents, reports, records, or

12  other information dealing with the pledged collateral or

13  financial information.

14         (d)  Failure of the qualified public depository or its

15  operating subsidiary to provide or allow inspection and

16  verification of documents, reports, records, or other

17  information dealing with Florida public deposits, pledged

18  collateral, or financial information.

19         (e)  Failure of the custodian to hold income and

20  principal payments made on securities held as collateral or to

21  deposit or transfer such payments pursuant to the Treasurer's

22  instructions.

23         (f)  Default or insolvency by the qualified public

24  depository.

25         (g)  Failure of the qualified public depository to pay

26  an assessment.

27         (h)  Failure of the qualified public depository to pay

28  an administrative penalty.

29         (i)  Failure of the qualified public depository to meet

30  financial condition standards.

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  1         (j)  Charge by the qualified public depository of a

  2  withdrawal penalty to a public depositor when the qualified

  3  public depository is suspended, disqualified, or withdrawn

  4  from the public deposits program.

  5         (k)  Failure of the qualified public depository to

  6  provide, as required, the public depositor with annual

  7  confirmation information on all open Florida public deposit

  8  accounts.

  9         (l)  Pledge by the qualified public depository of

10  insufficient or unacceptable collateral to cover public

11  deposits.

12         (m)  Release of pledged collateral, other than a proper

13  substitution, without the prior approval of the Treasurer.

14         (n)  Violation by the qualified public depository,

15  custodian, operating subsidiary, or agent of any provision of

16  the act, if the Treasurer determines that such violation may

17  be remedied by a move of collateral.

18         (o)  Failure of the qualified public depository,

19  custodian, operating subsidiary, or agent to timely cooperate

20  in resolving problems by the date established in written

21  communication from the Treasurer.

22         (p)  Failure of the custodian to provide sufficient

23  confirmation information.

24         (q)  Events that would bring about an administrative or

25  legal action by the Treasurer.

26         (5)  The Treasurer shall adopt rules to identify forms

27  and establish procedures for collateral agreements and

28  transactions, furnish confirmation requirements, establish

29  procedures for using an operating subsidiary and agents, and

30  clarify terms.

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  1         Section 4.  Paragraph (c) of subsection (1) and

  2  subsection (2) of section 280.13, Florida Statutes, are

  3  amended to read:

  4         280.13  Collateral eligible for pledge by banks and

  5  savings associations.--

  6         (1)  Securities eligible to be pledged as collateral by

  7  banks and savings associations shall be limited to:

  8         (c)  Obligations of the following federal agencies:

  9         1.  Farm credit banks.

10         2.  Federal land banks.

11         3.  The Federal Home Loan Bank and its district banks,

12  including time deposits.

13         4.  Federal intermediate credit banks.

14         5.  The Federal Home Loan Mortgage Corporation.

15         6.  The Federal National Mortgage Association.

16         7.  Obligations guaranteed by the Government National

17  Mortgage Association.

18         (2)  In addition to the securities listed in subsection

19  (1), the Treasurer may, in his or her discretion, allow the

20  pledge of the following types of securities. The Treasurer

21  shall, by rule, define any restrictions, specific criteria, or

22  circumstances for which these instruments will be acceptable.

23         (a)  Securities of, or other interests in, any open-end

24  management investment company registered under the Investment

25  Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended

26  from time to time, provided the portfolio of such investment

27  company is limited to direct obligations of the United States

28  Government and to repurchase agreements fully collateralized

29  by such direct obligations of the United States Government and

30  provided such investment company takes delivery of such

31  collateral either directly or through an authorized custodian.

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  1         (b)  Collateralized Mortgage Obligations.

  2         (c)  Real Estate Mortgage Investment Conduits.

  3         (d)  Certificates of deposit.

  4         Section 5.  Paragraph (g) of subsection (2) and

  5  subsection (3) of section 625.52, Florida Statutes, are

  6  amended to read:

  7         625.52  Securities eligible for deposit.--

  8         (2)  To be eligible for deposit under subsection (1),

  9  any bond or note must have the following characteristics:

10         (g)  After October 1, 1992, The bond or note must be

11  eligible for book-entry form on the books of the Federal

12  Reserve Book-Entry System or in a depository trust clearing

13  system.

14         (3)  To be eligible for deposit under paragraph (1)(h)

15  subsection (1), any certificate of deposit must have the

16  following characteristics:

17         (a)  The certificate of deposit must be issued by a

18  bank, savings bank, or savings association that is organized

19  under the laws of the United States, of this state, or of any

20  other state and that has a principal office or branch office

21  in this state which is authorized to receive deposits in this

22  state qualified public depository as defined in s. 280.02(17),

23  and the depository must conform to and be bound by all

24  provisions of chapter 280 with regard to such funds.

25         (b)  The certificate of deposit must be

26  interest-bearing and may not be issued in discounted form.

27         (c)  The certificate of deposit must be issued for a

28  period of not less than 1 year.

29         (d)  The issuing bank, savings bank, or savings

30  association qualified public depository must agree to the

31  terms and conditions of the State Treasurer regarding the

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  1  rights to the certificate of deposit and must have executed a

  2  provide written certificate of deposit confirmation of such

  3  agreement with to the State Treasurer.  The terms and

  4  conditions of such agreement shall must include, but need not

  5  be limited to:

  6         1.  Exclusive authorized signature authority for the

  7  State Treasurer.

  8         2.  Agreement to pay, without protest, the proceeds of

  9  its certificate of deposit to the department within thirty

10  business days after presentation.  If the depository fails to

11  pay the proceeds, the State Treasurer may take legal title to,

12  and sell, sufficient securities of the depository held

13  pursuant to chapter 280 to pay to the department the face

14  value of the certificate of deposit.

15         3.  Prohibition against levies, setoffs, survivorship,

16  or other conditions that might hinder the department's ability

17  to recover the full face value of a certificate of deposit.

18         4.  Instructions regarding interest payments, renewals,

19  taxpayer identification, and early withdrawal penalties.

20         5.  Agreement to be subject to the jurisdiction of the

21  courts of this state, or those of the United States which are

22  located in this state, for the purposes of any litigation

23  arising out of this section.

24         6.5.  Such other conditions as the department requires

25  may require.

26         Section 6.  Section 660.27, Florida Statutes, is

27  amended to read:

28         660.27  Deposit of securities with department

29  Treasurer.--

30         (1)  Before transacting any trust business in this

31  state, every trust company and every state or national bank or

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  1  state or federal association having trust powers shall give

  2  satisfactory security by the deposit or pledge of security of

  3  the kind or type provided by rule in this section having at

  4  all times a market value in an amount at least equal to 25

  5  percent of the issued and outstanding capital stock of such

  6  trust company, bank, or state or federal stock association or,

  7  in the case of a federal mutual association, an equivalent

  8  amount determined by the department, or the sum of $25,000,

  9  whichever is greater.  However, the value of the security

10  deposited or pledged pursuant to the provisions of this

11  section by a state trust company, a state bank or state

12  association having trust powers, or a national bank or federal

13  association having its principal office in this state and

14  having trust powers shall not be required to exceed $500,000.

15  Any notes, mortgages, bonds, or other securities, other than

16  shares of stock, eligible for investment by a state bank,

17  state association, or state trust company, or eligible for

18  investment by fiduciaries, shall be accepted as satisfactory

19  security for the purposes of this section.

20         (2)  The department Treasurer shall determine whether

21  the security deposited or pledged pursuant to this section, or

22  tendered for such deposit or pledge, is of the kind or type

23  permitted, and has a market value in the amount required, by

24  subsection (1). The department may disallow otherwise

25  satisfactory security that is of a type susceptible to large

26  fluctuations in value or that derives its value from indices

27  of value, interest rates, or other instruments or from sources

28  other than the repayment capacity of the issuer. The security

29  required by this section shall be deposited with or to the

30  credit of, or pledged to, the department Treasurer for the

31  account of each state or national bank, state or federal

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  1  association, or trust company depositing or pledging the same

  2  and shall be used, if at all, by the liquidator of such bank,

  3  association, or trust company with first priority being given

  4  to claims on account of the trust business or fiduciary

  5  functions of such bank, association, or trust company or,

  6  prior to liquidation, for the payment of any judgment or

  7  decree which may be rendered against such bank, association,

  8  or trust company in connection with its trust business or its

  9  fiduciary functions if such judgment or decree is not

10  otherwise paid by, or out of other assets of, such bank,

11  association, or trust company.

12         (3)  Any security of any kind which has been deposited

13  or pledged as provided in this section may at any time, by or

14  upon the direction of such bank, association, or trust company

15  which deposited or pledged such security, be withdrawn and

16  released from such pledge provided that simultaneously

17  therewith satisfactory security as provided in this section,

18  in such amount, if any, as may be necessary in order to comply

19  with the requirements of this section, is substituted for the

20  security so withdrawn and released. With respect to the

21  deposit or pledge of securities as provided in this section,

22  the department Treasurer may accept a safekeeping receipt, in

23  a form it he or she prescribes, issued by another bank, trust

24  company, or savings association located within or without the

25  state.

26         (4)  The department may adopt rules to implement this

27  section.

28         Section 7.  This act shall take effect July 1, 2000.

29

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Substantially revises guidelines and standards governing
      collateral and collateral agreements for public deposits.
  4    Prescribes duties of the Treasurer and the Department of
      Banking and Finance with respect to establishing duties
  5    of public depositories and establishing standards for
      securing deposits.
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