HB 0431

1
A bill to be entitled
2An act relating to the Financial Literacy Council;
3creating s. 624.35, F.S.; providing legislative findings;
4creating the council; providing purposes; providing for
5membership; providing for meetings, procedures, records,
6and reimbursement for travel and per diem expenses;
7providing powers and duties of the council; providing for
8resources of the council; requiring annual reports to the
9Governor and Legislature; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 624.35, Florida Statutes, is created to
14read:
15     624.35  Financial Literacy Council.--
16     (1)  CREATION.--The Legislature finds that financial issues
17can be complex and confusing to many consumers and small
18businesses. As a result, the number of bankruptcies have almost
19doubled over the past 10 years, seniors are frequently the
20targets of investment scams, more students drop out of college
21due to credit card debt than due to failing grades, and many
22consumers and small businesses are hurt by delaying or avoiding
23important money issues due to fear of making the wrong financial
24decisions. There is a dire need of user-friendly information and
25education that will increase the financial literacy of small
26businesses and consumers. Therefore, the Financial Literacy
27Council is created.
28     (2)  PURPOSES.--The purposes of the council are to:
29     (a)  Provide a single state resource for consumers and
30small businesses to contact for assistance regarding basic
31financial information.
32     (b)  Equip small businesses, young people, working adults,
33and seniors with the tools and resources they need to make
34informed financial decisions.
35     (c)  Help residents of this state learn more about personal
36finance issues, including, but not limited to, applying for
37loans, making sound investment choices, and saving for
38retirement.
39     (d)  Facilitate the sharing of best practices that are
40characteristic of highly successful small businesses.
41     (e)  Serve as an educational forum for resource planning,
42financial planning, and management issues for small businesses.
43     (3)  COMPOSITION.--
44     (a)  Members of the council shall include the Chief
45Financial Officer, or her or his designee, and not more than 14
46other members to be appointed by the Chief Financial Officer,
47selected from various areas of the financial industry, such as
48banking, finance, insurance, real estate, and securities, who
49are, when possible, leading members of statewide organizations
50representing all segments of the financial industry so as to
51establish a broadly based and representative council. Appointed
52members shall include persons who represent rural and urban
53interests and the ethnic and cultural diversity of the state's
54population. At least one member must be chosen from a list of
55three persons submitted to the Chief Financial Officer by a
56senior advocacy group. At least one member must be chosen from a
57list of three persons submitted to the Chief Financial Officer
58by the Florida Council on Economic Education.
59     (b)  Members of the council shall serve at the pleasure of
60the Chief Financial Officer. The board shall designate one
61member as chair. The board shall meet at the call of the chair
62or the Chief Financial Officer. All members shall be appointed
63for a term of 4 years and shall serve until their successors are
64appointed. A vacancy shall be filled for the remainder of the
65unexpired term.
66     (4)  MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--
67     (a)  The business of the council shall be presented to the
68council in the form of an agenda. The agenda shall be set by the
69Chief Financial Officer and shall include items of business
70requested by the council members.
71     (b)  A majority of the members shall constitute a quorum,
72and action by a majority of a quorum shall be official.
73     (c)  The council shall make a report of each meeting to the
74Chief Financial Officer, which report shall show the names of
75the members present and shall include a record of the council's
76discussions, recommendations, and actions taken. The Chief
77Financial Officer shall keep the records of the proceedings of
78each meeting on file and shall make the records available to any
79interested person or group.
80     (d)  Each council member shall be entitled to reimbursement
81for per diem and travel expenses pursuant to s. 112.061.
82     (5)  POWERS AND DUTIES.--
83     (a)  The council shall continually study financial problems
84that plague consumers, particularly young persons, seniors,
85working adults, and small businesses due to a lack of basic
86knowledge of financial issues.
87     (b)  The council shall develop written materials which
88shall be available to educate consumers and small businesses
89about basic financial issues.
90     (c)  The council shall establish an outreach program by
91which the council will provide education at meetings of affected
92persons or by seminars provided through the council to groups of
93affected persons.
94     (6)  RESOURCES.--
95     (a)  The council may apply for and accept funds, grants,
96gifts, and services from the state, the government of the United
97States or any of its agencies, or any other public or private
98source for the purpose of defraying clerical and administrative
99costs as may be necessary in carrying out its duties under this
100section.
101     (b)  The council shall secure staff assistance and use
102clerical resources, materials, and other support services of the
103Department of Financial Services and other state agencies and
104coordinate and consult with existing legislative staff, in order
105that minimum costs and maximum expertise be achieved.
106     (c)  The council shall use the talents, expertise, and
107resources within the state, and especially those of the
108university system, to whatever extent practicable.
109     (d)  The council may procure information and assistance
110from the state or any subdivision, municipal corporation, public
111officer, governmental department, or agency thereof. All
112agencies, officers, and political subdivisions of the state or
113municipal corporations shall give the commission all relevant
114information and reasonable assistance on any matters of research
115within their knowledge or control.
116     (7)  REPORTS.--Beginning January 1, 2007, the council shall
117report annually on January 1 to the Governor, the Speaker of the
118House of Representatives, and the President of the Senate on the
119activities carried out under the provisions of this section.
120     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.