Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2142
                        Barcode 563686
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       04/18/2007 08:34 PM         .                    
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11  The Committee on Governmental Operations (Oelrich) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  (1)  LEGISLATIVE FINDINGS.--
19         (a)  On July 23, 2004, the United States Congress
20  declared that "the atrocities unfolding in Darfur, Sudan, are
21  genocide."
22         (b)  On September 9, 2004, Secretary of State Colin L.
23  Powell told the United States Senate Foreign Relations
24  Committee that "genocide has occurred and may still be
25  occurring in Darfur" and "the Government of Sudan and the
26  Janjaweed bear responsibility."
27         (c)  On September 21, 2004, addressing the United
28  Nations General Assembly, President George W. Bush affirmed
29  the Secretary of State's finding and stated, "At this hour,
30  the world is witnessing terrible suffering and horrible crimes
31  in the Darfur region of Sudan, crimes my government has
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 concluded are genocide." 2 (d) On December 7, 2004, the United States Congress 3 noted that the genocidal policy in Darfur has led to reports 4 of "systematic rape of thousands of women and girls, the 5 abduction of women and children, and the destruction of 6 hundreds of ethnically African villages, including the 7 poisoning of their wells and the plunder of their crops and 8 cattle upon which the people of such villages sustain 9 themselves." 10 (e) Also on December 7, 2004, Congress found that "the 11 Government of Sudan has restricted access by humanitarian and 12 human rights workers to the Darfur area through intimidation 13 by military and security forces, and through bureaucratic and 14 administrative obstruction, in an attempt to inflict the most 15 devastating harm on those individuals displaced from their 16 villages and homes without any means of sustenance or 17 shelter." 18 (f) On September 25, 2006, Congress reaffirmed that 19 "the genocide unfolding in the Darfur region of Sudan is 20 characterized by acts of terrorism and atrocities directed 21 against civilians, including mass murder, rape, and sexual 22 violence committed by the Janjaweed and associated militias 23 with the complicity and support of the National Congress 24 Party-led faction of the Government of Sudan." 25 (g) On September 26, 2006, the United States House of 26 Representatives stated that "an estimated 300,000 to 400,000 27 people have been killed by the Government of Sudan and its 28 Janjaweed allies since the crisis began in 2003, more than 29 2,000,000 people have been displaced from their homes, and 30 more than 250,000 people from Darfur remain in refugee camps 31 in Chad." 2 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 (h) The Darfur crisis represents the first time the 2 United States Government has labeled ongoing atrocities as 3 genocide. 4 (i) The Federal Government has imposed sanctions 5 against the Government of Sudan since 1997. These sanctions 6 are monitored through the United States Treasury Department's 7 Office of Foreign Assets Control (OFAC). 8 (j) According to a former chair of the United States 9 Securities and Exchange Commission, "the fact that a foreign 10 company is doing material business with a country, government, 11 or entity on OFAC's sanctions list is, in the SEC staff's 12 view, substantially likely to be significant to a reasonable 13 investor's decision about whether to invest in that company." 14 (k) Since 1993, the United States Secretary of State 15 has determined that Sudan is a country whose government has 16 repeatedly provided support for acts of international 17 terrorism, and, as a result, the United States has restricted 18 assistance, defense exports, defense sales, financial 19 transactions, and various other transactions with the 20 Government of Sudan. 21 (l) A 2006 report by United States House of 22 Representatives states that "a company's association with 23 sponsors of terrorism and human rights abuses, no matter how 24 large or small, can have a materially adverse result on a 25 public company's operations, financial condition, earnings, 26 and stock prices, all of which can negatively affect the value 27 of an investment." 28 (m) In response to the financial risk posed by 29 investments in companies doing business with a state that 30 sponsors terrorists, the Securities and Exchange Commission 31 established its Office of Global Security Risk to provide for 3 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 enhanced disclosure of material information regarding such 2 companies. 3 (n) The current Sudan divestment movement encompasses 4 nearly 100 universities, municipalities, states, and private 5 pension plans. 6 (o) Companies facing such widespread divestment 7 present further material risk to remaining investors. 8 (p) It is a fundamental responsibility of the State of 9 Florida to decide where, how, and by whom financial resources 10 in its control should be invested, taking into account 11 numerous pertinent factors. 12 (q) It is the prerogative and desire of the State of 13 Florida with respect to investment resources in its control 14 and to the extent reasonable, with due consideration for 15 return on investment on behalf of the state and its investment 16 beneficiaries, not to participate in an ownership or 17 capital-providing capacity with entities that provide 18 significant practical support for genocide, including certain 19 non-United States companies presently doing business in Sudan, 20 Cuba, Venezuela, North Korea, Iran, or Syria. 21 (r) The Legislature finds that this act should remain 22 in effect only insofar as it continues to be consistent with 23 and does not unduly interfere with the foreign policy of the 24 United States as determined by the Federal Government. 25 (s) The Legislature finds that mandatory divestment of 26 public funds from certain companies is a measure that should 27 be employed sparingly and judiciously. A Congressional and 28 Presidential declaration of genocide satisfies this high 29 threshold. 30 (t) The Legislature finds that egregious violations of 31 human rights and significant acts detrimental to the existence 4 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 and proliferation of basic human liberty have also occurred 2 and continue to occur unfettered in Cuba, Venezuela, North 3 Korea, Iran, and Syria. The Legislature further finds that 4 such acts also warrant the mandatory divestment of public 5 funds. 6 (2) DEFINITIONS.--As used in this act, the term: 7 (a) "Active business operations" means all business 8 operations that are not inactive business operations. 9 (b) "Business operations" means engaging in commerce 10 in any form in Sudan, Cuba, Venezuela, North Korea, Iran, or 11 Syria, including, but not limited to, acquiring, developing, 12 maintaining, owning, selling, possessing, leasing, or 13 operating equipment, facilities, personnel, products, 14 services, personal property, real property, or any other 15 apparatus of business or commerce. 16 (c) "Company" means any sole proprietorship, 17 organization, association, corporation, partnership, joint 18 venture, limited partnership, limited liability partnership, 19 limited liability company, or other entity or business 20 association, including all wholly owned subsidiaries, 21 majority-owned subsidiaries, parent companies, or affiliates 22 of such entities or business associations, which exists for 23 the purpose of making profit. 24 (d) "Complicit" means taking actions during any 25 preceding 20-month period which have directly supported or 26 promoted the genocidal campaign in Darfur or any violation of 27 human rights by a regime in power in Cuba, Venezuela, North 28 Korea, Iran, or Syria, including, but not limited to, 29 preventing the victimized population of any of the governments 30 or countries listed in this section from communicating with 31 each other, encouraging citizens to speak out against an 5 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 internationally approved security force, actively working to 2 deny, cover up, or alter the record on human rights abuses, or 3 other similar actions. 4 (e) "Direct holdings" in a company means all 5 securities of that company which are held directly by the 6 Public Fund or in an account or fund in which the Public Fund 7 owns all shares or interests. 8 (f) "Government of Sudan" means the government in 9 Khartoum, Sudan, which is led by the National Congress Party, 10 formerly known as the National Islamic Front, or any successor 11 government formed on or after October 13, 2006, including the 12 coalition National Unity Government agreed upon in the 13 Comprehensive Peace Agreement for Sudan, and does not include 14 the regional government of southern Sudan. 15 (g) "Inactive business operations" means the mere 16 continued holding or renewal of rights to property previously 17 operated for the purpose of generating revenues but not 18 presently deployed for such purpose. 19 (h) "Indirect holdings" in a company means all 20 securities of that company which are held in an account or 21 fund, such as a mutual fund, managed by one or more persons 22 not employed by the Public Fund, in which the Public Fund owns 23 shares or interests together with other investors not subject 24 to the provisions of this act. 25 (i) "Marginalized populations" include, but are not 26 limited to, the portion of the population in any country 27 listed in this section who have been victimized by genocide or 28 other acts that violate human rights or liberty. 29 (j) "Military equipment" means weapons, arms, military 30 supplies, and equipment that readily may be used for military 31 purposes, including, but not limited to, radar systems, 6 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 military-grade transport vehicles, or supplies or services 2 sold or provided directly or indirectly to any force actively 3 participating in armed conflict of any kind. 4 (k) "Mineral-extraction activities" include exploring, 5 extracting, processing, transporting, or wholesale selling or 6 trading of elemental minerals or associated metal alloys or 7 oxides (ore), including gold, copper, chromium, chromite, 8 diamonds, iron, iron ore, silver, tungsten, uranium, and zinc, 9 as well as facilitating such activities, including, providing 10 supplies or services in support of such activities. 11 (l) "Oil-related activities" include, but are not 12 limited to, owning rights to oil blocks; exporting, 13 extracting, producing, refining, processing, exploring for, 14 transporting, selling, or trading of oil; constructing, 15 maintaining, or operating a pipeline, refinery, or other 16 oil-field infrastructure; and facilitating such activities, 17 including providing supplies or services in support of such 18 activities, except that the mere retail sale of gasoline and 19 related consumer products is not considered oil-related 20 activities. 21 (m) "Power-production activities" means any business 22 operation that involves a project commissioned by the National 23 Electricity Corporation (NEC) of Sudan or other similar entity 24 of the Government of Sudan, Cuba, Venezuela, North Korea, 25 Iran, or Syria whose purpose is to facilitate power generation 26 and delivery, including, but not limited to, establishing 27 power-generating plants or hydroelectric dams, selling or 28 installing components for the project, providing service 29 contracts related to the installation or maintenance of the 30 project, as well as facilitating such activities, including 31 providing supplies or services in support of such activities. 7 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 (n) "Public Fund" means all funds, assets, trustees, 2 and other designates under the State Board of Administration. 3 (o) "Scrutinized company" means any company that meets 4 any of the following criteria: 5 1. The company has business operations that involve 6 contracts with or provision of supplies or services to the 7 Government of Sudan, Cuba, Venezuela, North Korea, Iran, or 8 Syria, companies in which the Government of Sudan, Cuba, 9 Venezuela, North Korea, Iran, or Syria has any direct or 10 indirect equity share, consortiums or projects commissioned by 11 the Government of Sudan, Cuba, Venezuela, North Korea, Iran, 12 or Syria or companies involved in consortiums or projects 13 commissioned by the Government of Sudan, Cuba, Venezuela, 14 North Korea, Iran, or Syria and: 15 a. More than 10 percent of the company's revenues or 16 assets linked to Sudan, Cuba, Venezuela, North Korea, Iran, or 17 Syria involve oil-related activities or mineral-extraction 18 activities; less than 75 percent of the company's revenues or 19 assets linked to such countries involve contracts with or 20 provision of oil-related or mineral-extracting products or 21 services to the regional government of southern Sudan or a 22 project or consortium created exclusively by that regional 23 government; and the company has failed to take substantial 24 action; or 25 b. More than 10 percent of the company's revenues or 26 assets linked to Sudan involve power-production activities; 27 less than 75 percent of the company's power-production 28 activities include projects whose intent is to provide power 29 or electricity to the marginalized populations of Sudan; and 30 the company has failed to take substantial action. 31 2. The company is complicit in the Darfur genocide, or 8 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 any acts occurring in Cuba, Venezuela, North Korea, Iran, or 2 Syria that violate human rights or liberty. 3 3. The company supplies military equipment within 4 Sudan, Cuba, Venezuela, North Korea, Iran, or Syria, unless it 5 clearly shows that the military equipment cannot be used to 6 facilitate offensive military actions in any of those nations 7 or the company implements rigorous and verifiable safeguards 8 to prevent use of that equipment by forces actively 9 participating in armed conflict. Examples of safeguards 10 include post-sale tracking of such equipment by the company, 11 certification from a reputable and objective third party that 12 such equipment is not being used by a party participating in 13 armed conflict in Sudan, Cuba, Venezuela, North Korea, Iran, 14 or Syria, or sale of such equipment solely to the regional 15 government of southern Sudan or any internationally recognized 16 peacekeeping force or humanitarian organization. 17 18 Notwithstanding the provisions of this act, a 19 social-development company that is not complicit in the Darfur 20 genocide or any acts occurring in Cuba, Venezuela, North 21 Korea, Iran, or Syria that violate human rights or liberty is 22 not considered a scrutinized company. 23 (p) "Social-development company" means a company whose 24 primary purpose in Sudan, Cuba, Venezuela, North Korea, Iran, 25 or Syria is to provide humanitarian goods or services, 26 including medicine or medical equipment; agricultural supplies 27 or infrastructure, educational opportunities; 28 journalism-related activities; information or information 29 materials; spiritual-related activities; services of a purely 30 clerical or reporting nature; food, clothing, or general 31 consumer goods that are unrelated to oil-related activities; 9 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 mineral-extraction activities; or power-production activities. 2 (q) "Substantial action" means adopting, publicizing, 3 and implementing a formal plan to cease scrutinized business 4 operations within 1 year and to refrain from any such new 5 business operations; undertaking significant humanitarian 6 efforts on behalf of one or more marginalized populations of 7 Sudan, Cuba, Venezuela, North Korea, Iran, or Syria; or, 8 through engagement with the government of any of these 9 nations, materially improving conditions for a victimized 10 population. 11 (3) IDENTIFICATION OF COMPANIES.-- 12 (a) Within 90 days after the effective date of this 13 act, the Public Fund shall make its best efforts to identify 14 all scrutinized companies in which the Public Fund has direct 15 or indirect holdings or could possibly have such holdings in 16 the future. Such efforts include: 17 1. Reviewing and relying, as appropriate in the Public 18 Fund's judgment, on publicly available information regarding 19 companies having business operations in Sudan, including 20 information provided by nonprofit organizations, research 21 firms, international organizations, and government entities; 22 2. Contacting asset managers contracted by the Public 23 Fund which invest in companies having business operations in 24 Sudan; or 25 3. Contacting other institutional investors that have 26 divested from or engaged with companies that have business 27 operations in Sudan, Cuba, Venezuela, North Korea, Iran, or 28 Syria. 29 (b) By the first meeting of the Public Fund following 30 the 90-day period described in paragraph (a), the Public Fund 31 shall assemble all scrutinized companies identified into a 10 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 "Scrutinized Companies List." 2 (c) The Public Fund shall update the Scrutinized 3 Companies List quarterly based on evolving information from, 4 among other sources, those listed in paragraph (a). 5 (4) REQUIRED ACTIONS.--The Public Fund shall adhere to 6 the following procedure for companies on the Scrutinized 7 Companies List: 8 (a) Engagement.-- 9 1. The Public Fund shall immediately determine the 10 companies on the Scrutinized Companies List in which the 11 Public Fund owns direct or indirect holdings. 12 2. For each company identified in this paragraph which 13 has only inactive business operations, the Public Fund shall 14 send a written notice informing the company of this act and 15 encouraging it to continue to refrain from initiating active 16 business operations in Sudan, Cuba, Venezuela, North Korea, 17 Iran, or Syria until it is able to avoid scrutinized business 18 operations. The Public Fund shall continue such correspondence 19 semiannually. 20 3. For each company newly identified under this 21 paragraph which has active business operations, the Public 22 Fund shall send a written notice informing the company of its 23 scrutinized company status and that it may become subject to 24 divestment by the Public Fund. The notice must inform the 25 company of the opportunity to clarify its Sudan-related 26 activities and encourage the company, within 90 days, to cease 27 its scrutinized business operations or convert such operations 28 to inactive business operations in order to avoid qualifying 29 for divestment by the Public Fund. 30 4. If, within 90 days after the Public Fund's first 31 engagement with a company pursuant to this paragraph, that 11 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 company ceases scrutinized business operations, the company 2 shall be removed from the Scrutinized Companies List and the 3 provisions of this act shall cease to apply to it unless it 4 resumes scrutinized business operations. If, within 90 days 5 after the Public Fund's first engagement, the company converts 6 its scrutinized active business operations to inactive 7 business operations, the company is subject to all provisions 8 relating thereto. 9 (b) Divestment.-- 10 1. If, after 90 days following the Public Fund's first 11 engagement with a company pursuant to paragraph (a), the 12 company continues to have scrutinized active business 13 operations, and only while such company continues to have 14 scrutinized active business operations, the Public Fund shall 15 sell, redeem, divest, or withdraw all publicly traded 16 securities of the company, except as provided in paragraph 17 (d), according to the following schedule: 18 a. At least 50 percent of such assets shall be removed 19 from the Public Fund's assets under management by 9 months 20 after the company's most recent appearance on the Scrutinized 21 Companies List. 22 b. One hundred percent of such assets shall be removed 23 from the Public Fund's assets under management within 15 24 months after the company's most recent appearance on the 25 Scrutinized Companies List. 26 2. If a company that ceased scrutinized active 27 business operations following engagement pursuant to paragraph 28 (a) resumes such operations, this paragraph immediately 29 applies, and the Public Fund shall send a written notice to 30 the company. The company shall also be immediately 31 reintroduced onto the Scrutinized Companies List. 12 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 (c) Prohibition.--The Public Fund may not acquire 2 securities of companies on the Scrutinized Companies List 3 which have active business operations, except as provided in 4 paragraph (d). 5 (d) Exemption.--A company that the United States 6 Government affirmatively declares to be excluded from its 7 present or any future federal sanctions regime relating to 8 Sudan is not subject to divestment or the investment 9 prohibition pursuant to paragraphs (b) and (c). 10 (e) Excluded securities.--Notwithstanding the 11 provisions of this act, paragraphs (b) and (c) do not apply to 12 indirect holdings in actively managed investment funds. 13 However, the Public Fund shall submit letters to the managers 14 of such investment funds containing companies that have 15 scrutinized active business operations requesting that they 16 consider removing such companies from the fund or create a 17 similar actively managed fund having indirect holdings devoid 18 of such companies. If the manager creates a similar fund, the 19 Public Fund shall replace all applicable investments with 20 investments in the similar fund in an expedited timeframe 21 consistent with prudent investing standards. For the purposes 22 of this section, a private equity fund is deemed to be an 23 actively managed investment fund. 24 (5) REPORTING.-- 25 (a) The Public Fund shall file a report to the 26 Governor, the President of the Senate, the Speaker of the 27 House of Representatives, and the Attorney General that 28 includes the Scrutinized Companies List within 30 days after 29 the list is created. This report shall be made available to 30 the public. 31 (b) Annually thereafter, the Public Fund shall file a 13 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 report, which shall be made available to the public, to the 2 Governor, the President of the Senate, the Speaker of the 3 House of Representatives, and the Attorney General and send a 4 copy of that report to the United States Presidential Special 5 Envoy to Sudan, or an appropriate designee or successor, which 6 includes: 7 1. A summary of correspondence with companies engaged 8 by the Public Fund under subparagraphs (4)(a)2. and 3.; 9 2. All investments sold, redeemed, divested, or 10 withdrawn in compliance with paragraph (4)(b); 11 3. All prohibited investments under paragraph (4)(c); 12 and 13 4. Any progress made under paragraph (4)(e). 14 (6) EXPIRATION.--This act expires upon the occurrence 15 of any of the following: 16 (a) The Congress or President of the United States 17 declares that the Darfur genocide has been halted for at least 18 12 months; 19 (b) The United States revokes all sanctions imposed 20 against each of the countries or governments listed in this 21 section; 22 (c) The Congress or President of the United States 23 declares that each of the countries or governments listed in 24 this section has honored its commitments to cease attacks on 25 civilians, demobilize and demilitarize any associated 26 militias, grant free and unfettered access for deliveries of 27 humanitarian assistance, and allow for the safe and voluntary 28 return of refugees and internally displaced persons; or 29 (d) The Congress or President of the United States, 30 through legislation or executive order, declares that 31 mandatory divestment of the type provided for in this act 14 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 interferes with the conduct of United States foreign policy. 2 (7) OTHER LEGAL OBLIGATIONS.--With respect to actions 3 taken in compliance with this act, including all good faith 4 determinations regarding companies as required by this act, 5 the Public Fund is exempt from any conflicting statutory or 6 common law obligations, including any such obligations with 7 respect to choice of asset managers, investment funds, or 8 investments for the Public Fund's securities portfolios. 9 (8) REINVESTMENT IN CERTAIN COMPANIES HAVING 10 SCRUTINIZED ACTIVE BUSINESS OPERATIONS.--Notwithstanding any 11 other provision of this act to the contrary, the Public Fund 12 may cease divesting from certain scrutinized companies 13 pursuant to paragraph (4)(b) or reinvest in certain 14 scrutinized companies from which it divested pursuant to 15 paragraph (4)(b) if clear and convincing evidence shows that 16 the value of all assets under management by the Public Fund 17 becomes equal to or less than 99.50 percent, or 50 basis 18 points, of the hypothetical value of all assets under 19 management by the Public Fund assuming no divestment for any 20 company had occurred under paragraph (4)(b). Cessation of 21 divestment, reinvestment, or any subsequent ongoing investment 22 authorized by this act is limited to the minimum steps 23 necessary to avoid the contingency set forth in this 24 subsection. For any cessation of divestment, reinvestment, or 25 subsequent ongoing investment authorized by this act, the 26 Public Fund shall provide a written report to the Governor, 27 the President of the Senate, the Speaker of the House of 28 Representatives, and the Attorney General in advance of 29 initial reinvestment, updated semiannually thereafter as 30 applicable, setting forth the reasons and justification, 31 supported by clear and convincing evidence, for its decisions 15 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 to cease divestment, reinvest, or remain invested in companies 2 having scrutinized active business operations. This act does 3 not apply to reinvestment in companies on the grounds that 4 they have ceased to have scrutinized active business 5 operations. 6 (9) ENFORCEMENT.--The Attorney General shall enforce 7 the provisions of this act and may bring any necessary actions 8 in court through any lawful designee. 9 Section 2. If any provision of this act or its 10 application to any person or circumstance is held invalid, the 11 invalidity does not affect other provisions or applications of 12 the act which can be given effect without the invalid 13 provision or application, and to this end the provisions of 14 this act are severable. 15 Section 3. This act shall take effect upon becoming a 16 law. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 Delete everything before the enacting clause 22 23 and insert: 24 A bill to be entitled 25 An act relating to economic sanctions related 26 to Sudan, Cuba, Venezuela, North Korea, Iran, 27 or Syria; providing legislative findings; 28 providing definitions; requiring the State 29 Board of Administration to identify all 30 companies doing certain types of business in or 31 with specified nations or governments in which 16 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 public moneys are invested; requiring the board 2 to create and maintain a Scrutinized Company 3 List which names all such companies; requiring 4 the board to periodically contact all 5 scrutinized companies and encourage them to 6 refrain from engaging in certain types of 7 business in or with Sudan, Cuba, Venezuela, 8 North Korea, Iran, or Syria; requiring the 9 board to inform scrutinized companies of their 10 status as a scrutinized company and to ask for 11 clarification as to the nature of each 12 company's business activities; providing that a 13 company may be removed from the list under 14 certain conditions; providing for 15 reintroduction of a company onto the list; 16 requiring the board to divest of all publicly 17 traded securities of a scrutinized company 18 under certain conditions; providing exceptions 19 to the divestment requirement; prohibiting the 20 board from acquiring securities of scrutinized 21 companies that have active business operations; 22 providing exceptions to the investment 23 prohibition; providing an additional exception 24 from the divestment requirement and the 25 investment prohibition to certain indirect 26 holdings in actively managed investment funds; 27 requiring the board to request that the 28 managers of such investment funds consider 29 removing scrutinized companies from the fund or 30 create a similar fund that excludes such 31 companies; requiring the board to file a report 17 5:26 PM 04/16/07 s2142d-go14-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2142 Barcode 563686 1 to the Governor, the Legislature, and Attorney 2 General within a specified period after 3 creation of the Scrutinized Company List; 4 requiring the annual filing of an updated 5 report; requiring that all such reports be made 6 available to the public; requiring that the 7 report include certain information; providing 8 for the expiration of the act; exempting the 9 board from certain statutory or common law 10 obligations; authorizing the board to cease 11 divesting or to reinvest in certain scrutinized 12 companies if the value for all assets under 13 management by the board becomes equal to or 14 less than a specified amount; requiring the 15 board to file a written report to the Governor, 16 the Legislature, and Attorney General before 17 such reinvestment; requiring that the report 18 contain certain information; requiring 19 semiannual updates to such reports when 20 applicable; requiring the Attorney General to 21 enforce the divestment requirements and 22 investment prohibitions; authorizing the 23 Attorney General to bring enforcement actions 24 in court through any lawful designee; providing 25 for severability; providing an effective date. 26 27 28 29 30 31 18 5:26 PM 04/16/07 s2142d-go14-tgo