Senate Bill sb1368c1

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    Florida Senate - 2006                           CS for SB 1368

    By the Committee on Banking and Insurance; and Senator Atwater





    597-1738-06

  1                      A bill to be entitled

  2         An act relating to the Financial Literacy

  3         Council; creating the council; providing

  4         purposes; providing for membership; providing

  5         for meetings, procedures, and records;

  6         providing powers and duties of the council;

  7         providing for resources of the council;

  8         requiring that any funds received by the

  9         council be deposited in the Administrative

10         Trust Fund; providing for expiration of the

11         council; requiring annual reports to the

12         Governor and Legislature; providing a

13         contingent appropriation; providing for

14         construction; providing a limitation on

15         expenditures of certain grant funds; providing

16         an effective date.

17  

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

19  

20         Section 1.  Financial Literacy Council.--

21         (1)  CREATION.--A council, as defined in s. 20.03,

22  Florida Statutes, named the Financial Literacy Council, is

23  created as an adjunct to the Department of Financial Services.

24  The council shall be subject to the provisions of s. 20.052,

25  Florida Statutes.

26         (2)  PURPOSE.--The purpose of the council is to study

27  financial problems that affect consumers, particularly young

28  persons, seniors, and working adults, and small businesses

29  which arise from a lack of basic knowledge of financial issues

30  and to provide recommendations to the Department of Financial

31  Services which will assist the department in developing

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    Florida Senate - 2006                           CS for SB 1368
    597-1738-06




 1  financial literacy programs and resources and providing a

 2  single state resource for financial literacy for the general

 3  public in order to empower individuals and businesses to

 4  manage their financial matters in order to reduce debt,

 5  increase savings, and avoid bankruptcy. All recommendations

 6  are subject to approval by the Chief Financial Officer.

 7         (3)  COMPOSITION.--

 8         (a)  The council shall consist of nine members who

 9  shall be appointed by and serve at the pleasure of the Chief

10  Financial Officer. Six members must be persons having

11  experience in various areas of the financial industry, such as

12  financial institutions, as defined in s. 655.005, Florida

13  Statutes, finance, insurance, real estate, and securities. At

14  least one member must be a person who is not employed by and

15  is not a representative of the financial industry. At least

16  one member must be chosen from a list of three persons

17  submitted to the Chief Financial Officer by a senior advocacy

18  group. At least one member must be chosen from a list of three

19  persons submitted to the Chief Financial Officer by the

20  Florida Council on Economic Education. Appointed members shall

21  include persons who represent rural and urban interests and

22  the ethnic and cultural diversity of the state's population.

23         (b)  Members of the council shall serve at the pleasure

24  of the Chief Financial Officer. The council shall meet at the

25  call of the chair. Five of the initial members appointed to

26  the council shall be appointed for terms of 3 years. All other

27  members shall be appointed for terms of 4 years. Members shall

28  serve until their successors are appointed. A vacancy shall be

29  filled for the remainder of the unexpired term.

30         (c)  The Department of Financial Services shall provide

31  administrative and staff support to the council.

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    Florida Senate - 2006                           CS for SB 1368
    597-1738-06




 1         (4)  MEETINGS; PROCEDURES; RECORDS.--

 2         (a)  The business of the council shall be presented to

 3  the council in the form of an agenda. The agenda shall be set

 4  by the Chief Financial Officer and shall include items of

 5  business requested by the council members.

 6         (b)  A majority of the members constitutes a quorum,

 7  and action by a majority of a quorum shall be official.

 8         (c)  The minutes for each meeting shall be submitted to

 9  the Chief Financial Officer within 14 days after the date of

10  each meeting.

11         (5)  POWERS AND DUTIES.--The council shall:

12         (a)  Study financial problems that affect consumers,

13  particularly young persons, seniors, and working adults, and

14  small businesses which arise from a lack of basic knowledge of

15  financial issues.

16         (b)  Study and make recommendations to the department

17  regarding the creation of a single state resource for

18  consumers and small businesses to contact for financial

19  assistance.

20         (c)  Study and make recommendations as to how the

21  department may help equip small businesses, young people,

22  working adults, and seniors with the tools and resources they

23  need to make informed financial decisions.

24         (d)  Study and make recommendations as to how the

25  department may help residents of this state learn more about

26  personal finance issues, including, but not limited to,

27  personal savings, applying for loans, managing debt, making

28  sound investment choices, and saving for retirement.

29         (e)  Study and make recommendations to the department

30  regarding the development of best practices for financial

31  

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    Florida Senate - 2006                           CS for SB 1368
    597-1738-06




 1  management which are characteristic of highly successful small

 2  businesses.

 3         (f)  Study and make recommendations as to how the

 4  department can serve as an educational forum for resource

 5  planning, financial planning, and management issues for small

 6  businesses.

 7         (g)  Assist the department in developing written

 8  materials that shall be available to educate consumers and

 9  small businesses about basic financial issues.

10         (h)  Study and make recommendations to the department

11  regarding the establishment of an outreach program to help

12  educate affected persons through public meetings or seminars

13  or through web-based media.

14         (6)  RESOURCES.--

15         (a)  The council may apply for and accept funds,

16  grants, gifts, and services from the state, the government of

17  the United States or any of its agencies, or any other public

18  or private source for the purpose of defraying clerical and

19  administrative costs as necessary to carry out its duties

20  under this section. All sums received by the council shall be

21  deposited into the Department of Financial Services

22  Administrative Trust Fund. The moneys received and deposited

23  into the trust fund are appropriated for use by the council in

24  carrying out its duties as prescribed by this section.

25         (b)  The council shall seek out and, wherever possible,

26  use the talents, expertise, and resources within the state,

27  and especially those of the public school, community college,

28  and state university systems, in furtherance of its mission.

29         (c)  The council may procure information and assistance

30  from any state agency, political subdivision, municipal

31  corporation, or public officer.

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    Florida Senate - 2006                           CS for SB 1368
    597-1738-06




 1         (d)  The council may coordinate with any state agency,

 2  any political subdivision, or any school district of the state

 3  in the furtherance of its mission.

 4         (7)  EXPIRATION.--The council shall cease to exist on

 5  December 31, 2011. Upon expiration, any funds remaining in the

 6  Financial Literacy Council account of the Department of

 7  Financial Services Administrative Trust Fund shall be

 8  appropriated to the department to fund the activities that the

 9  department has implemented pursuant to the recommendations of

10  the council.

11         (8)  REPORTS.--Beginning January 1, 2008, the council

12  shall report annually on January 1 to the Governor, the

13  President of the Senate, and the Speaker of the House of

14  Representatives on the activities carried out under this

15  section, including expenditures and funding.

16         Section 2.  For the 2006-2007 fiscal year, the sum of

17  $50,000 in nonrecurring funds is appropriated from the

18  Department of Financial Services Administrative Trust Fund in

19  the specific appropriation category "Financial Literacy

20  Council" to the Financial Literacy Council created by this

21  act. The appropriation is contingent upon prior receipt of

22  grant funds or private contributions by the council for the

23  purposes of this act. This section does not entitle the

24  Financial Literacy Council to expend funds from the

25  Administrative Trust Fund in an amount greater than the amount

26  of grant funds or private contributions received by the

27  council and deposited into the Administrative Trust Fund

28  pursuant to this act.

29         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1368
    597-1738-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1368

 3                                 

 4  The committee substitute provides the following changes:

 5  1. Subjects the Financial Literacy Council to the provisions
    of s.20.052, F.S., which provides requirements for the
 6  operations of councils established by law, including
    accountability to the Legislature, appointment of members, per
 7  diem and expense reimbursement, and the applicability of the
    "Government-in-the-Sunshine" Laws.
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    2. Requires the Financial Literacy Council to submit
 9  recommendations to the Department of Financial Services.

10  3. Revises the composition of the Financial Literacy Council
    by removing the Chief Financial Officer as a member of the
11  council and reducing the number of members from 10 to 9.

12  4. Provides for distribution of assets of the council upon
    dissolution of the council in 2011 in accordance with the
13  council's goals.

14  5. Requires the council's annual reports to include
    information concerning the funding and expenses of the
15  council.

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