Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS for CS for HB 1309
Ì8376064Î837606
LEGISLATIVE ACTION
Senate . House
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Floor: 4/WD/2R .
04/24/2015 10:14 AM .
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Senator Flores moved the following:
1 Senate Amendment (with title amendment)
2
3 Before line 14
4 insert:
5 Section 1. Subsections (5) and (14) of section 112.215,
6 Florida Statutes, are amended to read:
7 112.215 Government employees; deferred compensation
8 program.—
9 (5) Any county, municipality, or other political
10 subdivision of the state may by ordinance, and any
11 constitutional county officer under s. 1(d), Art. VIII of the
12 State Constitution of 1968 may by contract agreement or other
13 documentation constituting approval, adopt and establish for
14 itself and its employees a deferred compensation program. The
15 ordinance shall designate an appropriate official of the county,
16 municipality, or political subdivision to approve and administer
17 a deferred compensation plan or otherwise provide for such
18 approval and administration. The ordinance shall also designate
19 a public official or body to make the determinations provided
20 for in paragraph (6)(b). If a constitutional county officer
21 elects to adopt and establish for that office and its employees
22 a deferred compensation program, the constitutional county
23 officer shall be the appropriate official to make the
24 determinations provided for in this subsection and in paragraph
25 (6)(b).
26 (a) A county, municipality, political subdivision, or
27 constitutional county officer may not enter into a contract with
28 an investment provider or recordkeeper for purposes of offering
29 investment vehicles or products to participants in the deferred
30 compensation program or recordkeeping services for the program
31 for a term to exceed 5 years. Before the end of each contract
32 term, the public official or body shall initiate a public bid
33 for the procurement of investment providers and recordkeepers.
34 (b) If the administrator of a deferred compensation program
35 or any other person involved with the selection of an investment
36 provider or recordkeeper has had any direct interest in any
37 contract, privilege, or other benefit granted by the investment
38 provider or recordkeeper in the preceding 2 years, he or she
39 must abstain from participating in any decision regarding the
40 selection of the investment provider or recordkeeper.
41 Establishing a personal account with an investment provider or
42 recordkeeper or taking a distribution from a personal account
43 does not constitute a direct interest for purposes of this
44 paragraph.
45 (c) A county, municipality, or political subdivision that,
46 or constitutional county officer who, establishes a deferred
47 compensation plan may evaluate the performance of the plan
48 administrator through an oversight committee. The oversight
49 committee shall provide assistance and recommendations with
50 respect to the administration of the plan, including, but not
51 limited to, investment options offered under the plan. A county,
52 municipality, or political subdivision or constitutional county
53 officer shall determine the authority, activities, and
54 composition of the oversight committee.
55 (14) This section subsection may not impair an existing
56 contract. In each county that has one or more constitutional
57 county officers, the board of county commissioners and the
58 constitutional county officers shall negotiate a joint deferred
59 compensation program for all their respective employees under s.
60 163.01. If all parties to the negotiation cannot agree upon a
61 joint deferred compensation program, the provisions of
62 subsection (5) apply.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete line 2
67 and insert:
68 An act relating to retirement and deferred
69 compensation plans for government employees; amending
70 s. 112.215, F.S.; prohibiting contracts with
71 investment providers and recordkeepers for local
72 deferred compensation programs from exceeding a 5-year
73 term; requiring a public official or body to initiate
74 a public bid for investment providers and
75 recordkeepers for local deferred compensation
76 programs; prohibiting specified persons from
77 participating in the selection of an investment
78 provider or recordkeeper under certain circumstances;
79 authorizing a public body or official that establishes
80 a local deferred compensation program to organize an
81 oversight committee;