Florida Senate - 2023              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 110
       
       
       
       
       
                               Ì133236ÂÎ133236                          
       
       585-02170A-23                                                   
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to the State Board of Administration;
    3         amending s. 121.091, F.S.; prohibiting the State Board
    4         of Administration from paying benefits to a Florida
    5         Retirement System investment plan member convicted of
    6         specified felonies; requiring the state board to
    7         return to a member contributions that were accumulated
    8         up to the date of conviction; prohibiting the state
    9         board from paying benefits until the resolution of the
   10         proceedings of any potentially disqualifying offenses;
   11         amending s. 121.4501, F.S.; authorizing the state
   12         board to develop investment products to be offered in
   13         the investment plan; revising the process for a
   14         member’s spouse to acknowledge that he or she is not
   15         the primary beneficiary of the member’s benefits;
   16         authorizing a member to request a waiver of such
   17         acknowledgement under certain circumstances; amending
   18         s. 215.47, F.S.; revising the types of investments in
   19         real property and related personal property which the
   20         state board may invest in; authorizing the state board
   21         and certain affiliated entities and ventures to issue
   22         securities and borrow money through specified means;
   23         authorizing the state board to use the proceeds of
   24         loans or financing obligations as loans to or sources
   25         of funding for certain entities or ventures; requiring
   26         the ownership of an entity holding title to real
   27         property to be vested in the name of the Florida
   28         Retirement System Trust Fund; revising the funds in
   29         which the state may invest no more than 80 percent of
   30         its moneys available for investments; revising the
   31         requirements of the proposed plan the state board must
   32         present to the Investment Advisory Council to invest
   33         in unauthorized investments; deleting authorization
   34         for the council to obtain independent investment
   35         counsel to provide expert advice on state board
   36         investment activity; revising the threshold for the
   37         amount that may be invested in alternative
   38         investments; reenacting ss. 112.661(5)(a),
   39         420.503(3)(a), and 1002.36(4)(e), F.S., relating to
   40         authorized investments, the definition of “authorized
   41         investments”, and investments made on behalf of the
   42         Florida School for the Deaf and the Blind,
   43         respectively, to incorporate the amendments made to s.
   44         215.47, F.S., in references thereto; providing an
   45         effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraphs (i) and (k) of subsection (5) of
   50  section 121.091, Florida Statutes, are amended to read:
   51         121.091 Benefits payable under the system.—Benefits may not
   52  be paid under this section unless the member has terminated
   53  employment as provided in s. 121.021(39)(a) or begun
   54  participation in the Deferred Retirement Option Program as
   55  provided in subsection (13), and a proper application has been
   56  filed in the manner prescribed by the department. The department
   57  may cancel an application for retirement benefits when the
   58  member or beneficiary fails to timely provide the information
   59  and documents required by this chapter and the department’s
   60  rules. The department shall adopt rules establishing procedures
   61  for application for retirement benefits and for the cancellation
   62  of such application when the required information or documents
   63  are not received.
   64         (5) TERMINATION BENEFITS.—A member whose employment is
   65  terminated prior to retirement retains membership rights to
   66  previously earned member-noncontributory service credit, and to
   67  member-contributory service credit, if the member leaves the
   68  member contributions on deposit in his or her retirement
   69  account. If a terminated member receives a refund of member
   70  contributions, such member may reinstate membership rights to
   71  the previously earned service credit represented by the refund
   72  by completing 1 year of creditable service and repaying the
   73  refunded member contributions, plus interest.
   74         (i) The division or the state board may not pay benefits to
   75  any member convicted of a felony committed on or after October
   76  1, 2008, defined in s. 800.04 against a victim younger than 16
   77  years of age, or defined in chapter 794 against a victim younger
   78  than 18 years of age, through the use or attempted use of power,
   79  rights, privileges, duties, or position of the member’s public
   80  office or employment position. However, the division or the
   81  state board shall return the member’s accumulated contributions,
   82  if any, that the member accumulated as of the date of
   83  conviction.
   84         (k) Benefits may shall not be paid by the division or the
   85  state board pending final resolution of such charges against a
   86  member or beneficiary if the resolution of such charges could
   87  require the forfeiture of benefits as provided in paragraph (f),
   88  paragraph (g), paragraph (h), paragraph (i), or paragraph (j),
   89  or chapter 112.
   90         Section 2. Paragraph (b) of subsection (20) of section
   91  121.4501, Florida Statutes, is amended, and paragraph (h) is
   92  added to subsection (8) of that section, to read:
   93         121.4501 Florida Retirement System Investment Plan.—
   94         (8) INVESTMENT PLAN ADMINISTRATION.—The investment plan
   95  shall be administered by the state board and affected employers.
   96  The state board may require oaths, by affidavit or otherwise,
   97  and acknowledgments from persons in connection with the
   98  administration of its statutory duties and responsibilities for
   99  the investment plan. An oath, by affidavit or otherwise, may not
  100  be required of a member at the time of enrollment.
  101  Acknowledgment of an employee’s election to participate in the
  102  program shall be no greater than necessary to confirm the
  103  employee’s election. The state board shall adopt rules to carry
  104  out its statutory duties with respect to administering the
  105  investment plan, including establishing the roles and
  106  responsibilities of affected state, local government, and
  107  education-related employers, the state board, the department,
  108  and third-party contractors. The department shall adopt rules
  109  necessary to administer the investment plan in coordination with
  110  the pension plan and the disability benefits available under the
  111  investment plan.
  112         (h) The state board, consistent with its fiduciary
  113  responsibilities, may develop one or more investment products to
  114  be offered in the investment plan.
  115         (20) DESIGNATION OF BENEFICIARIES.—
  116         (b) If a member is married, but does not designate his or
  117  her spouse as designates a primary beneficiary, the spouse must
  118  be notified and acknowledge that he or she has not been so
  119  designated. Notwithstanding the foregoing, if the spouse cannot
  120  be located or fails to affirmatively acknowledge that he or she
  121  has not been so designated, the member may request that the
  122  acknowledgement requirement be waived by the state board by
  123  submitting an affidavit setting forth the particular facts and
  124  circumstances other than the member’s spouse, the member’s
  125  spouse must sign the beneficiary designation form to acknowledge
  126  the designation. This requirement does not apply to the
  127  designation of one or more contingent beneficiaries to receive
  128  benefits remaining upon the death of the primary beneficiary or
  129  beneficiaries.
  130         Section 3. Paragraph (e) of subsection (2) and subsections
  131  (3), (6), and (15) of section 215.47, Florida Statutes, are
  132  amended to read:
  133         215.47 Investments; authorized securities; loan of
  134  securities.—Subject to the limitations and conditions of the
  135  State Constitution or of the trust agreement relating to a trust
  136  fund, moneys available for investments under ss. 215.44-215.53
  137  may be invested as follows:
  138         (2) With no more than 25 percent of any fund in:
  139         (e) Certain interests in real property and related personal
  140  property which may be owned through affiliated limited liability
  141  entities or joint ventures, which include, but are not limited
  142  to, including mortgages and related instruments secured by on
  143  commercial or industrial real property, and instruments
  144  containing with provisions for equity or income participation or
  145  with provisions for convertibility to equity ownership; and
  146  interests in real property-related collective investment funds.
  147  The State Board of Administration and its affiliated limited
  148  liability entities or joint ventures may issue securities and
  149  borrow money through loans or other financial obligations,
  150  including bonds, equity securities, and other security
  151  instruments, any of which may be unsecured or secured by
  152  investments in real property or related cash flows, guaranteed
  153  by the related fund, or governed by financial covenants. The
  154  proceeds of such loans or financing obligations may be loaned to
  155  or otherwise used as a source of funding for affiliated limited
  156  liability entities or joint ventures. Associated expenditures
  157  for acquisition and operation of assets purchased under this
  158  provision or of investments in private equity or other private
  159  investment partnerships or limited liability companies must
  160  shall be included as a part of the cost of the investment.
  161         1. The title to real property, or ownership of the entity
  162  holding title to real property, acquired under this paragraph
  163  shall be vested in the name of the respective fund.
  164         2. For purposes of taxation of property owned by any fund,
  165  the provisions of s. 196.199(2)(b) do not apply.
  166         3. Real property acquired under the provisions of this
  167  paragraph may shall not be considered state lands or public
  168  lands and property as defined in chapter 253, and the provisions
  169  of that chapter does do not apply to such real property.
  170         (3) With no more than 80 percent of any fund in equity
  171  securities or securities convertible into equity securities of
  172  any entity common stock, preferred stock, and interest-bearing
  173  obligations of a corporation having an option to convert into
  174  common stock, provided:
  175         (a) The entity corporation is organized under the laws of
  176  the United States, any state or organized territory of the
  177  United States, or the District of Columbia; or
  178         (b) The entity corporation is listed on any one or more of
  179  the recognized national stock exchanges in the United States and
  180  conforms with the periodic reporting requirements under the
  181  Securities Exchange Act of 1934; or.
  182         (c) Not more than 75 percent of the fund may be in
  183  internally managed equity securities common stock.
  184  
  185  The board may shall not invest more than 10 percent of the
  186  equity assets of any fund in the equity securities common stock,
  187  preferred stock, and interest-bearing obligations having an
  188  option to convert into common stock, of any one issuing entity
  189  corporation; and the board may shall not invest more than 3
  190  percent of the equity assets of any fund in such securities of
  191  any one issuing entity corporation except to the extent a higher
  192  percentage of the same issue is included in a nationally
  193  recognized market index, based on market values, at least as
  194  broad as the Standard and Poor’s Composite Index of 500
  195  Companies, or except upon a specific finding by the board that
  196  such higher percentage is in the best interest of the fund.
  197         (6) With no more than 5 percent of any fund to be invested
  198  as deemed appropriate by the board, notwithstanding investment
  199  limitations otherwise expressed in this section. Before Prior to
  200  the board engages engaging in any investment activity not
  201  otherwise authorized under ss. 215.44-215.53, excluding
  202  investments in publicly traded securities, options, financial
  203  futures, or similar instruments, the board shall present to the
  204  Investment Advisory Council a proposed plan for such investment.
  205  Such Said plan must shall include, but not be limited to, a
  206  detailed analysis of the investment, the expected benefits and
  207  potential risks of such activity, and the; methods for
  208  monitoring and measuring the performance of the investment; a
  209  complete description of the type, nature, extent and purpose of
  210  the investment, including description of issuer, security in
  211  which investment is proposed to be made, voting rights or lack
  212  thereof and control to be acquired, restrictions upon voting,
  213  transfer, and other material rights of ownership, and the
  214  existence of any contracts, arrangements, understandings, or
  215  relationships with any person or entity (naming the same) with
  216  respect to the proposed investment; and assurances that
  217  sufficient investment expertise is available to the board to
  218  properly evaluate and manage such activity. The Investment
  219  Advisory Council may obtain independent investment counsel to
  220  provide expert advice with regard to such proposed investment
  221  activity by the board, and the board shall defray such costs.
  222         (15) With no more, in the aggregate, than 30 20 percent of
  223  any fund in alternative investments through participation in an
  224  alternative investment vehicle as those terms are defined in s.
  225  215.4401(3)(a), or in securities or investments that are not
  226  publicly traded and not otherwise authorized by this section.
  227         Section 4. For the purpose of incorporating the amendments
  228  made by this act to section 215.47, Florida Statutes, in a
  229  reference thereto, paragraph (a) of subsection (5) of section
  230  112.661, Florida Statutes, is reenacted to read:
  231         112.661 Investment policies.—Investment of the assets of
  232  any local retirement system or plan must be consistent with a
  233  written investment policy adopted by the board. Such policies
  234  shall be structured to maximize the financial return to the
  235  retirement system or plan consistent with the risks incumbent in
  236  each investment and shall be structured to establish and
  237  maintain an appropriate diversification of the retirement system
  238  or plan’s assets.
  239         (5) AUTHORIZED INVESTMENTS.—
  240         (a) The investment policy shall list investments authorized
  241  by the board. Investments not listed in the investment policy
  242  are prohibited. Unless otherwise authorized by law or ordinance,
  243  the investment of the assets of any local retirement system or
  244  plan covered by this part shall be subject to the limitations
  245  and conditions set forth in s. 215.47(1)-(6), (8), (9), (11) and
  246  (17).
  247         Section 5. For the purpose of incorporating the amendments
  248  made by this act to section 215.47, Florida Statutes, in a
  249  reference thereto, paragraph (a) of subsection (3) of section
  250  420.503, Florida Statutes, is reenacted to read:
  251         420.503 Definitions.—As used in this part, the term:
  252         (3) “Authorized investments” means any of the following
  253  securities:
  254         (a) Investments permitted under s. 215.47(1) and (2),
  255  without regard to any limitation set forth therein.
  256         Section 6. For the purpose of incorporating the amendments
  257  made by this act to section 215.47, Florida Statutes, in a
  258  reference thereto, paragraph (e) of subsection (4) of section
  259  1002.36, Florida Statutes, is reenacted to read:
  260         1002.36 Florida School for the Deaf and the Blind.—
  261         (4) BOARD OF TRUSTEES.—
  262         (e) The board of trustees is invested with full power and
  263  authority to:
  264         1. Appoint a president, faculty, teachers, and other
  265  employees and remove the same as in its judgment may be best and
  266  fix their compensation.
  267         2. Procure professional services, such as medical, mental
  268  health, architectural, and engineering.
  269         3. Procure legal services without the prior written
  270  approval of the Attorney General.
  271         4. Determine eligibility of students and procedure for
  272  admission.
  273         5. Provide for the students of the school necessary
  274  bedding, clothing, food, and medical attendance and such other
  275  things as may be proper for the health and comfort of the
  276  students without cost to their parents, except that the board of
  277  trustees may set tuition and other fees for nonresidents.
  278         6. Provide for the proper keeping of accounts and records
  279  and for budgeting of funds.
  280         7. Enter into contracts.
  281         8. Sue and be sued.
  282         9. Secure public liability insurance.
  283         10. Do and perform every other matter or thing requisite to
  284  the proper management, maintenance, support, and control of the
  285  school at the highest efficiency economically possible, the
  286  board of trustees taking into consideration the purposes of the
  287  establishment.
  288         11. Receive gifts, donations, and bequests of money or
  289  property, real or personal, tangible or intangible, from any
  290  person, firm, corporation, or other legal entity. However, the
  291  board of trustees may not obligate the state to any expenditure
  292  or policy that is not specifically authorized by law. If the
  293  bill of sale, will, trust indenture, deed, or other legal
  294  conveyance specifies terms and conditions concerning the use of
  295  such money or property, the board of trustees shall observe such
  296  terms and conditions.
  297         12. Deposit outside the State Treasury such moneys as are
  298  received as gifts, donations, or bequests and may disburse and
  299  expend such moneys, upon its own warrant, for the use and
  300  benefit of the Florida School for the Deaf and the Blind and its
  301  students, as the board of trustees deems to be in the best
  302  interest of the school and its students. Such money or property
  303  does not constitute and may not be considered a part of any
  304  legislative appropriation.
  305         13. Sell or convey by bill of sale, deed, or other legal
  306  instrument any property, real or personal, received as a gift,
  307  donation, or bequest, upon such terms and conditions as the
  308  board of trustees deems to be in the best interest of the school
  309  and its students.
  310         14. Invest such moneys in securities enumerated under s.
  311  215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund,
  312  an Investment Management Fund exclusively for nonprofit
  313  educational institutions.
  314         15. After receiving approval from the Administration
  315  Commission, exercise the power of eminent domain in the manner
  316  provided in chapter 73 or chapter 74.
  317         Section 7. This act shall take effect upon becoming a law.