Florida Senate - 2018                                      SB 70
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00094-18                                             201870__
    1                        A bill to be entitled                      
    2         An act relating to state investments; amending ss.
    3         215.471 and 215.472, F.S.; requiring the State Board
    4         of Administration to divest investments of any
    5         institution or company doing business with the
    6         government of Venezuela; prohibiting the State Board
    7         of Administration and state agencies from investing in
    8         any institution or company that does business with or
    9         invests in the government of Venezuela; authorizing
   10         the Governor to waive the investment prohibitions if
   11         certain conditions exist; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 215.471, Florida
   16  Statutes, is amended to read:
   17         215.471 Divestiture by the State Board of Administration;
   18  reporting requirements.—
   19         (1) The State Board of Administration shall divest any
   20  investment under s. 121.151 and ss. 215.44-215.53, and is
   21  prohibited from investment in stocks, securities, or other
   22  obligations of:
   23         (a) Any institution or company domiciled in the United
   24  States, or foreign subsidiary of a company domiciled in the
   25  United States, doing business in or with Cuba, or with agencies
   26  or instrumentalities thereof in violation of federal law.
   27         (b) Any institution or company domiciled outside of the
   28  United States if the President of the United States has applied
   29  sanctions against the foreign country in which the institution
   30  or company is domiciled pursuant to s. 4 of the Cuban Democracy
   31  Act of 1992.
   32         (c) Any institution or company that is doing business with
   33  the government of Venezuela, or with agencies or
   34  instrumentalities thereof, regardless of whether the investment
   35  was made directly to the government of Venezuela or indirectly
   36  through the services of a broker or other intermediary. The
   37  Governor may waive the requirements of this paragraph in the
   38  event that there is a collapse of the existing regime in
   39  Venezuela and there is a need for immediate aid to Venezuela
   40  before the convening of the Legislature or for humanitarian
   41  reasons as a result of a natural disaster in Venezuela.
   42         Section 2. Section 215.472, Florida Statutes, is amended to
   43  read:
   44         215.472 Prohibited investments.—Notwithstanding any other
   45  provision of law, each state agency, as defined in s. 216.011,
   46  is prohibited from investing in:
   47         (1) Any financial institution or company domiciled in the
   48  United States, or foreign subsidiary of a company domiciled in
   49  the United States, which directly or through a United States or
   50  foreign subsidiary makes any loan, extends credit of any kind or
   51  character, advances funds in any manner, or purchases or trades
   52  any goods or services with Cuba, the government of Cuba, or any
   53  company doing business in or with Cuba in violation of federal
   54  law.
   55         (2) Any financial institution or company domiciled outside
   56  of the United States if the President of the United States has
   57  applied sanctions against the foreign country in which the
   58  institution or company is domiciled pursuant to s. 4 of the
   59  Cuban Democracy Act of 1992.
   60         (3) Any financial institution or company that extends
   61  credit of any kind or character, advances funds in any manner,
   62  or purchases or trades any goods or services with the government
   63  of Venezuela, or with agencies or instrumentalities thereof,
   64  regardless of whether the investment was made directly to the
   65  government of Venezuela or indirectly through the services of a
   66  broker or other intermediary. The Governor may waive the
   67  requirements of this subsection in the event that there is a
   68  collapse of the existing regime in Venezuela and there is a need
   69  for immediate aid to Venezuela before the convening of the
   70  Legislature or for humanitarian reasons as a result of a natural
   71  disaster in Venezuela.
   72         Section 3. This act shall take effect July 1, 2018.