Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 110
       
       
       
       
       
       
                                Ì206704ÈÎ206704                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/26/2023 10:31 AM       .                                
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       Senator Hooper moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 262 - 350
    4  and insert:
    5  controlled territories. The term includes trade practices that
    6  are prohibited by federal regulations issued in compliance with
    7  50 U.S.C. s. 4842 and does not include trade practices that are
    8  preempted by federal law The term does not include restrictive
    9  trade practices or boycotts fostered or imposed by foreign
   10  countries against Israel.
   11         (b) “Company” means a sole proprietorship, organization,
   12  association, corporation, partnership, joint venture, limited
   13  partnership, limited liability partnership, limited liability
   14  company, or other entity or business association, including all
   15  wholly owned subsidiaries, majority-owned subsidiaries, and
   16  parent companies, that exists for the purpose of making profit.
   17         (c) “Direct holdings” in a company means all securities of
   18  that company that are held directly by the public fund or in an
   19  account or fund in which the public fund owns all shares or
   20  interests.
   21         (d) “Indirect holdings” in a company means all securities
   22  of that company that are held in a commingled fund or other
   23  collective investment, such as a mutual fund, in which the
   24  public fund owns shares or interests, together with other
   25  investors not subject to this section or which are held in an
   26  index fund.
   27         (e) “Public fund” means all funds, assets, trustee, and
   28  other designates under the State Board of Administration
   29  pursuant to part I of chapter 121.
   30         (f) “Scrutinized companies” means companies that boycott
   31  Israel or engage in a boycott of Israel.
   32         (2) IDENTIFICATION OF COMPANIES.—
   33         (a) The public fund shall make its best efforts to identify
   34  all scrutinized companies in which the public fund has direct or
   35  indirect holdings or could possibly have such holdings in the
   36  future. Such efforts include:
   37         1. To the extent that the public fund finds it appropriate,
   38  reviewing and relying on publicly available information
   39  regarding companies that boycott Israel, including information
   40  provided by nonprofit organizations, research firms,
   41  international organizations, and government entities;
   42         2. Contacting asset managers contracted by the public fund
   43  for information regarding companies that boycott Israel; or
   44         3. Contacting other institutional investors that prohibit
   45  such investments or that have engaged with companies that
   46  boycott Israel.
   47         (b) By the first meeting of the public fund following the
   48  identification of scrutinized companies in accordance with
   49  paragraph (a), the public fund shall compile and make available
   50  the “Scrutinized Companies that Boycott Israel List.”
   51         (c) The public fund shall update and make publicly
   52  available quarterly the Scrutinized Companies that Boycott
   53  Israel List based on evolving information from, among other
   54  sources, those listed in paragraph (a).
   55         (3) REQUIRED ACTIONS.—The public fund shall adhere to the
   56  following procedures for assembling companies on the Scrutinized
   57  Companies that Boycott Israel List.
   58         (a) Engagement.—
   59         1. The public fund shall immediately determine the
   60  companies on the Scrutinized Companies that Boycott Israel List
   61  in which the public fund owns direct or indirect holdings.
   62         2. For each company newly identified under this paragraph,
   63  the public fund shall send a written notice informing the
   64  company of its scrutinized company status and that it may become
   65  subject to investment prohibition or divestment by the public
   66  fund. The notice must inform the company of the opportunity to
   67  clarify its activities regarding the boycott of Israel and
   68  encourage the company to cease the boycott of Israel within 90
   69  days in order to avoid qualifying for investment prohibition or
   70  divestment.
   71         3. If, within 90 days after the public fund’s first
   72  engagement with a company pursuant to this paragraph, the
   73  company ceases a boycott of Israel, the company shall be removed
   74  from the Scrutinized Companies that Boycott Israel List, and the
   75  provisions of this section shall cease to apply to that company
   76  unless that company resumes a boycott of Israel.
   77         (b) Divestment.—
   78         1. If, after 90 days following the public fund’s first
   79  engagement with a company pursuant to paragraph (a), the company
   80  continues to boycott Israel, the public fund must sell, redeem,
   81  divest, or withdraw all publicly traded securities of the
   82  company from the public fund within 12 months after the
   83  company’s most recent appearance on the Scrutinized Companies
   84  that Boycott Israel List.
   85         2. If a company that ceased a boycott of Israel following
   86  engagement pursuant to paragraph (a) resumes such activities,
   87  this paragraph immediately applies, and the public fund must
   88  send a written notice to the company. The company must also be
   89  immediately reintroduced onto the Scrutinized Companies that
   90  Boycott Israel List, as applicable.
   91         (c)(b)Prohibition.—The public fund is prohibited from
   92  acquiring may not acquire securities of companies on the
   93  Scrutinized Companies that Boycott Israel List, except as
   94  provided in paragraph (d) (c) and subsection (6).
   95         (d)(c)Excluded securities.—Notwithstanding the provisions
   96  of this section, paragraphs (b) and (c) do paragraph (b) does
   97  not apply to:
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete line 52
  102  and insert:
  103         procedures; revising applicability; reenacting ss.
  104         112.661(5)(a),