Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 732
       
       
       
       
       
       
                                Barcode 573912                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/23/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Baker)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (v) of subsection (2) and subsection
    6  (7) of section 17.57, Florida Statutes, are amended to read:
    7         17.57 Deposits and investments of state money.—
    8         (2) The Chief Financial Officer shall make funds available
    9  to meet the disbursement needs of the state. Funds which are not
   10  needed for this purpose shall be placed in qualified public
   11  depositories that will pay rates established by the Chief
   12  Financial Officer at levels not less than the prevailing rate
   13  for United States Treasury securities with a corresponding
   14  maturity. In the event money is available for interest-bearing
   15  time deposits or savings accounts as provided herein and
   16  qualified public depositories are unwilling to accept such money
   17  and pay thereon the rates established above, then such money
   18  which qualified public depositories are unwilling to accept
   19  shall be invested in:
   20         (v) Securities not otherwise described in this subsection.
   21  However, not more than 7 3 percent of the funds under the
   22  control of the Chief Financial Officer shall be invested in
   23  securities described in this paragraph.
   24  
   25  These investments may be in varying maturities and may be in
   26  book-entry form. Investments made pursuant to this subsection
   27  may be under repurchase agreement or reverse repurchase
   28  agreement. The Chief Financial Officer may hire registered
   29  investment advisers and other consultants to assist in
   30  investment management and to pay fees directly from investment
   31  earnings. Investment securities, proprietary investment services
   32  related to contracts, performance evaluation services,
   33  investment-related equipment or software used directly to assist
   34  investment trading or investment accounting operations including
   35  bond calculators, telerates, Bloombergs, special program
   36  calculators, intercom systems, and software used in accounting,
   37  communications, and trading, and advisory and consulting
   38  contracts made under this section are exempt from the provisions
   39  of chapter 287.
   40         (7) In addition to the deposits authorized under this
   41  section and notwithstanding any other provisions of law, funds
   42  that are not needed to meet the disbursement needs of the state
   43  may be deposited by the Chief Financial Officer in accordance
   44  with the following conditions:
   45         (a) The funds are initially deposited in a qualified public
   46  depository, as defined in s. 280.02, selected by the Chief
   47  Financial Officer.
   48         (b) The selected depository arranges for depositing the
   49  deposit of the funds in financial deposit instruments insured by
   50  the Federal Deposit Insurance Corporation certificates of
   51  deposit in one or more federally insured banks or savings and
   52  loan associations, wherever located, for the account of the
   53  state.
   54         (c) The full amount of the principal and accrued interest
   55  of each financial deposit instrument such certificate of deposit
   56  is insured by the Federal Deposit Insurance Corporation.
   57         (d) The selected depository acts as custodian for the state
   58  with respect to each financial deposit instrument such
   59  certificates of deposit issued for its account.
   60         (e)At the same time the state’s funds are deposited and
   61  the certificates of deposit are issued, the selected depository
   62  receives an amount of deposits from customers of other federally
   63  insured financial institutions, wherever located, equal to or
   64  greater than the amount of the funds initially invested by the
   65  Chief Financial Officer through the selected depository.
   66         Section 2. Effective July 1, 2010, the amendment of s.
   67  17.57(2)(v), Florida Statutes, made by this act shall expire,
   68  and the text of that paragraph shall revert to that in existence
   69  on June 30, 2009, except that any amendments to such text
   70  enacted other than by this act shall be preserved and continue
   71  to operate to the extent that such amendments are not dependent
   72  upon the portions of such text which expire pursuant to this
   73  section.
   74         Section 3. Section 17.575, Florida Statutes, is created to
   75  read:
   76         17.575Administration of funds; Treasury Investment
   77  Committee.—
   78         (1)There is created a Treasury Investment Committee within
   79  the Division of Treasury consisting of at least five members who
   80  must possess special knowledge, experience, and familiarity in
   81  finance, investments, or accounting. The members of the
   82  committee shall be appointed by and serve at the pleasure of the
   83  Chief Financial Officer. The committee shall annually elect a
   84  chair and vice chair from among its membership.
   85         (2)The committee shall administer the Treasury Investment
   86  Program consistent with policies approved by the Chief Financial
   87  Officer for deposits and investments of public funds. The
   88  committee shall also make recommendations regarding investment
   89  policy to the Chief Financial Officer.
   90         (3)The committee shall submit an annual report outlining
   91  its activities and recommendations to the Chief Financial
   92  Officer and the Joint Legislative Auditing Committee. The report
   93  shall be submitted on August 15, 2009, and annually thereafter.
   94         Section 4. Paragraphs (b), (c), and (d) of subsection (23)
   95  of section 218.415, Florida Statutes, are amended to read:
   96         218.415 Local government investment policies.—Investment
   97  activity by a unit of local government must be consistent with a
   98  written investment plan adopted by the governing body, or in the
   99  absence of the existence of a governing body, the respective
  100  principal officer of the unit of local government and maintained
  101  by the unit of local government or, in the alternative, such
  102  activity must be conducted in accordance with subsection (17).
  103  Any such unit of local government shall have an investment
  104  policy for any public funds in excess of the amounts needed to
  105  meet current expenses as provided in subsections (1)-(16), or
  106  shall meet the alternative investment guidelines contained in
  107  subsection (17). Such policies shall be structured to place the
  108  highest priority on the safety of principal and liquidity of
  109  funds. The optimization of investment returns shall be secondary
  110  to the requirements for safety and liquidity. Each unit of local
  111  government shall adopt policies that are commensurate with the
  112  nature and size of the public funds within its custody.
  113         (23) AUTHORIZED DEPOSITS.—In addition to the investments
  114  authorized for local governments in subsections (16) and (17)
  115  and notwithstanding any other provisions of law, a unit of local
  116  government may deposit any portion of surplus public funds in
  117  its control or possession in accordance with the following
  118  conditions:
  119         (b) The selected depository arranges for depositing the
  120  deposit of the funds in financial deposit instruments insured by
  121  the Federal Deposit Insurance Corporation certificates of
  122  deposit in one or more federally insured banks or savings and
  123  loan associations, wherever located, for the account of the unit
  124  of local government.
  125         (c) The full amount of the principal and accrued interest
  126  of each financial deposit instrument such certificate of deposit
  127  is insured by the Federal Deposit Insurance Corporation.
  128         (d) The selected depository acts as custodian for the unit
  129  of local government with respect to each financial deposit
  130  instrument such certificates of deposit issued for its account.
  131         (e)At the same time the unit of local government’s funds
  132  are deposited and the certificates of deposit are issued, the
  133  selected depository receives an amount of deposits from
  134  customers of other federally insured financial institutions,
  135  wherever located, equal to or greater than the amount of the
  136  funds initially invested by the unit of local government through
  137  the selected depository.
  138         Section 5. This act shall take effect July 1, 2009.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141         And the title is amended as follows:
  142         Delete everything before the enacting clause
  143  and insert:
  144  
  145                        A bill to be entitled                      
  146         An act relating to surplus public funds; amending s.
  147         17.57, F.S.; increasing the maximum percentage of
  148         funds under the control of the Chief Financial Officer
  149         to be invested in certain securities; deleting a
  150         provision relating to concurrent deposits by a unit of
  151         local government and customers of other federally
  152         insured financial institutions; providing for the
  153         expiration of such increase and the reversion of
  154         statutory text; requiring that the Chief Financial
  155         Officer and local governments deposit surplus funds in
  156         financial deposit instruments insured by the Federal
  157         Deposit Insurance Corporation rather than in
  158         certificates of deposit; creating s. 17.575, F.S.;
  159         creating the Treasury Investment Committee within the
  160         Division of Treasury; providing for membership on the
  161         committee; requiring that the committee annually elect
  162         a chair and vice chair from within its membership;
  163         providing duties of the committee; requiring that the
  164         committee submit an annual report on a specified date
  165         and annually thereafter outlining its activities and
  166         recommendations to the Chief Financial Officer and the
  167         Joint Legislative Auditing Committee; amending s.
  168         218.415, F.S.; requiring that the Chief Financial
  169         Officer and local governments deposit surplus funds in
  170         financial deposit instruments insured by the Federal
  171         Deposit Insurance Corporation rather than in
  172         certificates of deposit; deleting a provision relating
  173         to concurrent deposits by a unit of local government
  174         and customers of other federally insured financial
  175         institutions; providing an effective date.