HB 431

1
A bill to be entitled
2An act relating to the Financial Literacy Council;
3creating the council; providing purposes; providing for
4membership; providing for meetings, procedures, records,
5and reimbursement for travel and per diem expenses;
6prohibiting compensation for council members; providing
7powers and duties of the council; providing for resources
8of the council; requiring any funds received by the
9council to be deposited in the Administrative Trust Fund;
10providing for expiration of the council; authorizing the
11council to establish a not-for-profit corporation for
12certain purposes; providing for transfer of certain moneys
13to the corporation; requiring annual reports to the
14Governor and Legislature; providing a contingent
15appropriation; providing construction; providing a
16limitation on expenditures of certain grant funds;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Financial Literacy Council.--
22     (1)  CREATION.--The Financial Literacy Council is created
23within the Department of Financial Services. The council shall
24provide information and education about financial issues to
25consumers and small businesses.
26     (2)  PURPOSES.--The purposes of the council are to:
27     (a)  Provide a single state resource for consumers and
28small businesses to contact for financial assistance.
29     (b)  Equip small businesses, young people, working adults,
30and seniors with the tools and resources they need to make
31informed financial decisions.
32     (c)  Help residents of this state learn more about personal
33finance issues, including, but not limited to, personal savings,
34applying for loans, managing debt, making sound investment
35choices, and saving for retirement.
36     (d)  Facilitate the sharing of best practices for financial
37management that are characteristic of highly successful small
38businesses.
39     (e)  Serve as an educational forum for resource planning,
40financial planning, and management issues for small businesses.
41     (3)  COMPOSITION.--
42     (a)  Members of the council shall include the Chief
43Financial Officer, or her or his designee, who shall serve as
44chair, and not more than nine other members to be appointed by
45the Chief Financial Officer. Six members must be persons with
46experience in various areas of the financial industry, such as
47banking, finance, insurance, real estate, and securities. At
48least one member must be a person who is not employed by and is
49not a representative of the financial industry. At least one
50member must be chosen from a list of three persons submitted to
51the Chief Financial Officer by a senior advocacy group. At least
52one member must be chosen from a list of three persons submitted
53to the Chief Financial Officer by the Florida Council on
54Economic Education. Appointed members shall include persons who
55represent rural and urban interests and the ethnic and cultural
56diversity of the state's population.
57     (b)  Members of the council shall serve at the pleasure of
58the Chief Financial Officer. The council shall meet at the call
59of the chair. Five of the initial members appointed to the
60council shall be appointed for terms of 3 years. All other
61members shall be appointed for terms of 4 years. Members shall
62serve until their successors are appointed. A vacancy shall be
63filled for the remainder of the unexpired term.
64     (c)  The Department of Financial Services shall provide
65administrative and staff support to the council.
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. The report shall show the names of the
75members 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)  Council members shall serve without compensation.
81However, each council member shall be entitled to reimbursement
82for per diem and travel expenses pursuant to s. 112.061, Florida
83Statutes.
84     (5)  POWERS AND DUTIES.--
85     (a)  The council shall study financial problems that affect
86consumers, particularly young persons, seniors, working adults,
87and small businesses that arise from a lack of basic knowledge
88of financial issues.
89     (b)  The council shall develop written materials which
90shall be available to educate consumers and small businesses
91about basic financial issues.
92     (c)  The council shall establish an outreach program to
93help educate affected persons through public meetings or
94seminars or through web-based media.
95     (6)  RESOURCES.--
96     (a)  The council may apply for and accept funds, grants,
97gifts, and services from the state, the government of the United
98States or any of its agencies, or any other public or private
99source for the purpose of defraying clerical and administrative
100costs as may be necessary in carrying out its duties under this
101section. All sums received by the council shall be deposited
102into the Administrative Trust Fund. The moneys so received and
103deposited into the trust fund are hereby appropriated for use by
104the council in carrying out its duties as prescribed by this
105section and to the department to defray the expenses incurred in
106the discharge of its administrative duties as prescribed by this
107section.
108     (b)  The council shall seek out and wherever possible use
109the talents, expertise, and resources within the state, and
110especially those of the public school, community college, and
111state university systems, in furtherance of its mission.
112     (c)  The council may procure information and assistance
113from any state agency, political subdivision, municipal
114corporation, or public officer.
115     (d)  The council may coordinate with any state agency, any
116political subdivision, or any school district of the state in
117the furtherance of its mission.
118     (7)  EXPIRATION.--The council shall cease to exist on
119December 31, 2010. Prior to that date, the council may establish
120a not-for-profit corporation to carry on its duties. If such a
121not-for-profit corporation is established, any moneys remaining
122in the Administrative Trust Fund which were deposited into the
123fund by the council shall be transferred to the not-for-profit
124corporation.
125     (8)  REPORTS.--Beginning January 1, 2007, the council shall
126report annually on January 1 to the Governor, the Speaker of the
127House of Representatives, and the President of the Senate on the
128activities carried out under the provisions of this section.
129     Section 2.  For fiscal year 2005?2006, there is hereby
130appropriated the sum of $50,000 in nonrecurring funds from the
131Administrative Trust Fund in the specific appropriation category
132"Financial Literary Council" to the Financial Literary Council
133created by this act. The appropriation is contingent upon
134receipt of grant funds or private contributions by the council
135for the purposes of this act. Nothing in this section shall be
136construed as entitling the Financial Literacy Council to expend
137funds from the Administrative Trust Fund in an amount greater
138than the amount of grant funds or private contributions received
139by the council and deposited into the Administrative Trust Fund
140pursuant to this act.
141     Section 3.  This act shall take effect July 1, 2005.


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