ENROLLED
       2023 Legislature             CS for CS for SB 110, 1st Engrossed
       
       
       
       
       
       
                                                              2023110er
    1  
    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         that the ownership of an entity holding title to real
   27         property 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; amending s. 215.4725, F.S.; revising the
   39         definition of the terms “Boycott Israel” or “boycott
   40         of Israel”; requiring the public fund to notify
   41         companies it places on the Scrutinized Companies that
   42         Boycott Israel List that they may be subject to
   43         divestment; providing a timeframe for the public
   44         fund’s divestment from companies that boycott Israel,
   45         and processes for the companies’ reintroduction on the
   46         Scrutinized Companies that Boycott Israel List in
   47         certain circumstances; authorizing the public fund to
   48         cease its divestment from or to reinvest in certain
   49         scrutinized companies if the value of all assets under
   50         management by the public fund becomes equal to or less
   51         than a specified amount, pursuant to specified
   52         procedures; revising applicability; reenacting ss.
   53         112.661(5)(a), 420.503(3)(a), and 1002.36(4)(e), F.S.,
   54         relating to authorized investments, the definition of
   55         the term “authorized investments,” and investments
   56         made on behalf of the Florida School for the Deaf and
   57         the Blind, respectively, to incorporate the amendments
   58         made to s. 215.47, F.S., in references thereto;
   59         providing an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Paragraphs (i) and (k) of subsection (5) of
   64  section 121.091, Florida Statutes, are amended to read:
   65         121.091 Benefits payable under the system.—Benefits may not
   66  be paid under this section unless the member has terminated
   67  employment as provided in s. 121.021(39)(a) or begun
   68  participation in the Deferred Retirement Option Program as
   69  provided in subsection (13), and a proper application has been
   70  filed in the manner prescribed by the department. The department
   71  may cancel an application for retirement benefits when the
   72  member or beneficiary fails to timely provide the information
   73  and documents required by this chapter and the department’s
   74  rules. The department shall adopt rules establishing procedures
   75  for application for retirement benefits and for the cancellation
   76  of such application when the required information or documents
   77  are not received.
   78         (5) TERMINATION BENEFITS.—A member whose employment is
   79  terminated prior to retirement retains membership rights to
   80  previously earned member-noncontributory service credit, and to
   81  member-contributory service credit, if the member leaves the
   82  member contributions on deposit in his or her retirement
   83  account. If a terminated member receives a refund of member
   84  contributions, such member may reinstate membership rights to
   85  the previously earned service credit represented by the refund
   86  by completing 1 year of creditable service and repaying the
   87  refunded member contributions, plus interest.
   88         (i) The division or the state board may not pay benefits to
   89  any member convicted of a felony committed on or after October
   90  1, 2008, defined in s. 800.04 against a victim younger than 16
   91  years of age, or defined in chapter 794 against a victim younger
   92  than 18 years of age, through the use or attempted use of power,
   93  rights, privileges, duties, or position of the member’s public
   94  office or employment position. However, the division or the
   95  state board shall return the member’s accumulated contributions,
   96  if any, that the member accumulated as of the date of
   97  conviction.
   98         (k) Benefits may shall not be paid by the division or the
   99  state board pending final resolution of such charges against a
  100  member or beneficiary if the resolution of such charges could
  101  require the forfeiture of benefits as provided in paragraph (f),
  102  paragraph (g), paragraph (h), paragraph (i), or paragraph (j),
  103  or chapter 112.
  104         Section 2. Paragraph (b) of subsection (20) of section
  105  121.4501, Florida Statutes, is amended, and paragraph (h) is
  106  added to subsection (8) of that section, to read:
  107         121.4501 Florida Retirement System Investment Plan.—
  108         (8) INVESTMENT PLAN ADMINISTRATION.—The investment plan
  109  shall be administered by the state board and affected employers.
  110  The state board may require oaths, by affidavit or otherwise,
  111  and acknowledgments from persons in connection with the
  112  administration of its statutory duties and responsibilities for
  113  the investment plan. An oath, by affidavit or otherwise, may not
  114  be required of a member at the time of enrollment.
  115  Acknowledgment of an employee’s election to participate in the
  116  program shall be no greater than necessary to confirm the
  117  employee’s election. The state board shall adopt rules to carry
  118  out its statutory duties with respect to administering the
  119  investment plan, including establishing the roles and
  120  responsibilities of affected state, local government, and
  121  education-related employers, the state board, the department,
  122  and third-party contractors. The department shall adopt rules
  123  necessary to administer the investment plan in coordination with
  124  the pension plan and the disability benefits available under the
  125  investment plan.
  126         (h) The state board may, consistent with its fiduciary
  127  responsibilities, develop one or more investment products to be
  128  offered in the investment plan.
  129         (20) DESIGNATION OF BENEFICIARIES.—
  130         (b) If a member is married, but does not designate his or
  131  her spouse as designates a primary beneficiary, the spouse must
  132  be notified and acknowledge that he or she has not been so
  133  designated. Notwithstanding the foregoing, if the spouse cannot
  134  be located or fails to affirmatively acknowledge that he or she
  135  has not been so designated, the member may request that the
  136  acknowledgement requirement be waived by the state board by
  137  submitting an affidavit setting forth the particular facts and
  138  circumstances other than the member’s spouse, the member’s
  139  spouse must sign the beneficiary designation form to acknowledge
  140  the designation. This requirement does not apply to the
  141  designation of one or more contingent beneficiaries to receive
  142  benefits remaining upon the death of the primary beneficiary or
  143  beneficiaries.
  144         Section 3. Paragraph (e) of subsection (2) and subsections
  145  (3), (6), and (15) of section 215.47, Florida Statutes, are
  146  amended to read:
  147         215.47 Investments; authorized securities; loan of
  148  securities.—Subject to the limitations and conditions of the
  149  State Constitution or of the trust agreement relating to a trust
  150  fund, moneys available for investments under ss. 215.44-215.53
  151  may be invested as follows:
  152         (2) With no more than 25 percent of any fund in:
  153         (e) Certain interests in real property and related personal
  154  property which may be owned through affiliated limited liability
  155  entities or joint ventures, which include, but are not limited
  156  to, including mortgages and related instruments secured by on
  157  commercial or industrial real property, and instruments
  158  containing with provisions for equity or income participation or
  159  with provisions for convertibility to equity ownership; and
  160  interests in real property-related collective investment funds.
  161  The State Board of Administration and its affiliated limited
  162  liability entities or joint ventures may issue securities and
  163  borrow money through loans or other financial obligations,
  164  including bonds, equity securities, and other security
  165  instruments, any of which may be unsecured or secured by
  166  investments in real property or related cash flows, guaranteed
  167  by the related fund, or governed by financial covenants. The
  168  proceeds of such loans or financing obligations may be loaned to
  169  or otherwise used as a source of funding for affiliated limited
  170  liability entities or joint ventures. Associated expenditures
  171  for acquisition and operation of assets purchased under this
  172  provision or of investments in private equity or other private
  173  investment partnerships or limited liability companies must
  174  shall be included as a part of the cost of the investment.
  175         1. The title to real property, or ownership of the entity
  176  holding title to real property, acquired under this paragraph
  177  shall be vested in the name of the respective fund.
  178         2. For purposes of taxation of property owned by any fund,
  179  the provisions of s. 196.199(2)(b) do not apply.
  180         3. Real property acquired under the provisions of this
  181  paragraph may shall not be considered state lands or public
  182  lands and property as defined in chapter 253, and the provisions
  183  of that chapter does do not apply to such real property.
  184         (3) With no more than 80 percent of any fund in equity
  185  securities or securities convertible into equity securities of
  186  any entity common stock, preferred stock, and interest-bearing
  187  obligations of a corporation having an option to convert into
  188  common stock, provided that all of the following apply:
  189         (a) That the entity is either:
  190         1.The corporation is Organized under the laws of the
  191  United States, any state or organized territory of the United
  192  States, or the District of Columbia; or
  193         2.(b) The corporation is Listed on any one or more of the
  194  recognized national stock exchanges in the United States and
  195  conforms with the periodic reporting requirements under the
  196  Securities Exchange Act of 1934.
  197         (b)(c) Not more than 75 percent of the fund may be in
  198  internally managed equity securities common stock.
  199  
  200  The board may shall not invest more than 10 percent of the
  201  equity assets of any fund in the equity securities common stock,
  202  preferred stock, and interest-bearing obligations having an
  203  option to convert into common stock, of any one issuing entity
  204  corporation; and the board may shall not invest more than 3
  205  percent of the equity assets of any fund in such securities of
  206  any one issuing entity corporation except to the extent a higher
  207  percentage of the same issue is included in a nationally
  208  recognized market index, based on market values, at least as
  209  broad as the Standard and Poor’s Composite Index of 500
  210  Companies, or except upon a specific finding by the board that
  211  such higher percentage is in the best interest of the fund.
  212         (6) With no more than 5 percent of any fund to be invested
  213  as deemed appropriate by the board, notwithstanding investment
  214  limitations otherwise expressed in this section. Before Prior to
  215  the board engages engaging in any investment activity not
  216  otherwise authorized under ss. 215.44-215.53, excluding
  217  investments in publicly traded securities, options, financial
  218  futures, or similar instruments, the board shall present to the
  219  Investment Advisory Council a proposed plan for such investment.
  220  Such Said plan must shall include, but not be limited to, a
  221  detailed analysis of the investment, the expected benefits and
  222  potential risks of such activity, and the; methods for
  223  monitoring and measuring the performance of the investment; a
  224  complete description of the type, nature, extent and purpose of
  225  the investment, including description of issuer, security in
  226  which investment is proposed to be made, voting rights or lack
  227  thereof and control to be acquired, restrictions upon voting,
  228  transfer, and other material rights of ownership, and the
  229  existence of any contracts, arrangements, understandings, or
  230  relationships with any person or entity (naming the same) with
  231  respect to the proposed investment; and assurances that
  232  sufficient investment expertise is available to the board to
  233  properly evaluate and manage such activity. The Investment
  234  Advisory Council may obtain independent investment counsel to
  235  provide expert advice with regard to such proposed investment
  236  activity by the board, and the board shall defray such costs.
  237         (15) With no more, in the aggregate, than 30 20 percent of
  238  any fund in alternative investments through participation in an
  239  alternative investment vehicle as those terms are defined in s.
  240  215.4401(3)(a), or in securities or investments that are not
  241  publicly traded and not otherwise authorized by this section.
  242         Section 4. Section 215.4725, Florida Statutes, is amended
  243  to read: 
  244         215.4725 Prohibited investments by the State Board of
  245  Administration; companies that boycott Israel.—
  246         (1) DEFINITIONS.—As used in this section, the term:
  247         (a) “Boycott Israel” or “boycott of Israel” means refusing
  248  to deal, terminating business activities, or taking other
  249  actions to limit commercial relations with Israel, or persons or
  250  entities doing business in Israel or in Israeli-controlled
  251  territories, in a discriminatory manner. A statement by a
  252  company that it is participating in a boycott of Israel, or that
  253  it has initiated a boycott in response to a request for a
  254  boycott of Israel or in compliance with, or in furtherance of,
  255  calls for a boycott of Israel, may be considered by the State
  256  Board of Administration to be evidence that a company is
  257  participating in a boycott of Israel. The term includes taking
  258  adverse action, including changes to published commercial
  259  financial ratings, risk ratings, and controversy ratings based
  260  on nonpecuniary factors, to inflict economic harm on Israel or
  261  persons or entities doing business in Israel or in Israeli
  262  controlled territories. The term includes trade practices that
  263  are prohibited by federal regulations issued in compliance with
  264  50 U.S.C. s. 4842 and does not include trade practices that are
  265  preempted by federal law The term does not include restrictive
  266  trade practices or boycotts fostered or imposed by foreign
  267  countries against Israel.
  268         (b) “Company” means a sole proprietorship, organization,
  269  association, corporation, partnership, joint venture, limited
  270  partnership, limited liability partnership, limited liability
  271  company, or other entity or business association, including all
  272  wholly owned subsidiaries, majority-owned subsidiaries, and
  273  parent companies, that exists for the purpose of making profit.
  274         (c) “Direct holdings” in a company means all securities of
  275  that company that are held directly by the public fund or in an
  276  account or fund in which the public fund owns all shares or
  277  interests.
  278         (d) “Indirect holdings” in a company means all securities
  279  of that company that are held in a commingled fund or other
  280  collective investment, such as a mutual fund, in which the
  281  public fund owns shares or interests, together with other
  282  investors not subject to this section or which are held in an
  283  index fund.
  284         (e) “Public fund” means all funds, assets, trustee, and
  285  other designates under the State Board of Administration
  286  pursuant to part I of chapter 121.
  287         (f) “Scrutinized companies” means companies that boycott
  288  Israel or engage in a boycott of Israel.
  289         (2) IDENTIFICATION OF COMPANIES.—
  290         (a) The public fund shall make its best efforts to identify
  291  all scrutinized companies in which the public fund has direct or
  292  indirect holdings or could possibly have such holdings in the
  293  future. Such efforts include:
  294         1. To the extent that the public fund finds it appropriate,
  295  reviewing and relying on publicly available information
  296  regarding companies that boycott Israel, including information
  297  provided by nonprofit organizations, research firms,
  298  international organizations, and government entities;
  299         2. Contacting asset managers contracted by the public fund
  300  for information regarding companies that boycott Israel; or
  301         3. Contacting other institutional investors that prohibit
  302  such investments or that have engaged with companies that
  303  boycott Israel.
  304         (b) By the first meeting of the public fund following the
  305  identification of scrutinized companies in accordance with
  306  paragraph (a), the public fund shall compile and make available
  307  the “Scrutinized Companies that Boycott Israel List.”
  308         (c) The public fund shall update and make publicly
  309  available quarterly the Scrutinized Companies that Boycott
  310  Israel List based on evolving information from, among other
  311  sources, those listed in paragraph (a).
  312         (3) REQUIRED ACTIONS.—The public fund shall adhere to the
  313  following procedures for assembling companies on the Scrutinized
  314  Companies that Boycott Israel List.
  315         (a) Engagement.—
  316         1. The public fund shall immediately determine the
  317  companies on the Scrutinized Companies that Boycott Israel List
  318  in which the public fund owns direct or indirect holdings.
  319         2. For each company newly identified under this paragraph,
  320  the public fund shall send a written notice informing the
  321  company of its scrutinized company status and that it may become
  322  subject to investment prohibition or divestment by the public
  323  fund. The notice must inform the company of the opportunity to
  324  clarify its activities regarding the boycott of Israel and
  325  encourage the company to cease the boycott of Israel within 90
  326  days in order to avoid qualifying for investment prohibition or
  327  divestment.
  328         3. If, within 90 days after the public fund’s first
  329  engagement with a company pursuant to this paragraph, the
  330  company ceases a boycott of Israel, the company shall be removed
  331  from the Scrutinized Companies that Boycott Israel List, and the
  332  provisions of this section shall cease to apply to that company
  333  unless that company resumes a boycott of Israel.
  334         (b) Divestment.—
  335         1. If, after 90 days following the public fund’s first
  336  engagement with a company pursuant to paragraph (a), the company
  337  continues to boycott Israel, the public fund must sell, redeem,
  338  divest, or withdraw all publicly traded securities of the
  339  company from the public fund within 12 months after the
  340  company’s most recent appearance on the Scrutinized Companies
  341  that Boycott Israel List.
  342         2. If a company that ceased a boycott of Israel following
  343  engagement pursuant to paragraph (a) resumes such activities,
  344  this paragraph immediately applies, and the public fund must
  345  send a written notice to the company. The company must also be
  346  immediately reintroduced onto the Scrutinized Companies that
  347  Boycott Israel List, as applicable.
  348         (c)(b)Prohibition.—The public fund is prohibited from
  349  acquiring may not acquire securities of companies on the
  350  Scrutinized Companies that Boycott Israel List, except as
  351  provided in paragraph (d) (c) and subsection (6).
  352         (d)(c)Excluded securities.—Notwithstanding the provisions
  353  of this section, paragraphs (b) and (c) do paragraph (b) does
  354  not apply to:
  355         1. Indirect holdings. However, the public fund shall submit
  356  letters to the managers of such investment funds containing
  357  companies that boycott Israel requesting that they consider
  358  removing such companies from the fund or create a similar fund
  359  having indirect holdings devoid of such companies. If the
  360  manager creates a similar fund, the public fund shall replace
  361  all applicable investments with investments in the similar fund
  362  in an expedited timeframe consistent with prudent investing
  363  standards. For the purposes of this section, an alternative
  364  investment, as the term is defined in s. 215.4401, and
  365  securities that are not publicly traded are deemed to be
  366  indirect holdings.
  367         2. Exchange-traded funds.
  368         (4) REPORTING.—
  369         (a) The public fund shall file a report with each member of
  370  the Board of Trustees of the State Board of Administration, the
  371  President of the Senate, and the Speaker of the House of
  372  Representatives which includes the Scrutinized Companies that
  373  Boycott Israel List within 30 days after the list is created.
  374  This report shall be made available to the public.
  375         (b) At each quarterly meeting of the Board of Trustees
  376  thereafter, the public fund shall file a report, which shall be
  377  made available to the public and to each member of the Board of
  378  Trustees of the State Board of Administration, the President of
  379  the Senate, and the Speaker of the House of Representatives,
  380  which includes:
  381         1. A summary of correspondence with companies engaged by
  382  the public fund under subsection (3) subparagraph (3)(a)2.;
  383         2. All investments sold, redeemed, divested, or withdrawn
  384  in compliance with paragraph (3)(b);
  385         3. All prohibited investments under paragraph (3)(c)(3)(b);
  386         4.3. Any progress made under paragraph (3)(d)(3)(c); and
  387         5.4. A list of all publicly traded securities held directly
  388  by the public fund.
  389         (5) INVESTMENT POLICY STATEMENT OBLIGATIONS.—The public
  390  fund’s actions taken in compliance with this section, including
  391  all good faith determinations regarding companies as required by
  392  this act, shall be adopted and incorporated into the public
  393  fund’s investment policy statement as provided in s. 215.475.
  394         (6) INVESTMENT AND REINVESTMENT IN CERTAIN SCRUTINIZED
  395  COMPANIES.—Notwithstanding any other provision of this section,
  396  the public fund may invest in, cease divestment from, or
  397  reinvest in certain scrutinized companies if clear and
  398  convincing evidence shows that the value of all assets under
  399  management by the public fund becomes equal to or less than
  400  99.50 percent, or 50 basis points, of the hypothetical value of
  401  all assets under management by the public fund, assuming no
  402  investment prohibition or divestment for any company had
  403  occurred under subsection (3) paragraph (3)(b). Cessation of the
  404  investment prohibition or the divestment, or reinvestment or and
  405  any new investment, in a scrutinized company is limited to the
  406  minimum steps necessary to avoid the contingency described in
  407  this subsection. For any cessation of the investment prohibition
  408  or divestment, or reinvestment or and new investment authorized
  409  by this subsection, the public fund shall provide a written
  410  report to each member of the Board of Trustees of the State
  411  Board of Administration, the President of the Senate, and the
  412  Speaker of the House of Representatives in advance of the
  413  cessation of investment prohibition or the divestment, or
  414  reinvestment or new investment, updated semiannually thereafter
  415  as applicable, setting forth the reasons and justification,
  416  supported by clear and convincing evidence, for its decisions to
  417  cease the investment prohibition or divestment, or to reinvest
  418  in scrutinized companies.
  419         Section 5. For the purpose of incorporating the amendments
  420  made by this act to section 215.47, Florida Statutes, in a
  421  reference thereto, paragraph (a) of subsection (5) of section
  422  112.661, Florida Statutes, is reenacted to read:
  423         112.661 Investment policies.—Investment of the assets of
  424  any local retirement system or plan must be consistent with a
  425  written investment policy adopted by the board. Such policies
  426  shall be structured to maximize the financial return to the
  427  retirement system or plan consistent with the risks incumbent in
  428  each investment and shall be structured to establish and
  429  maintain an appropriate diversification of the retirement system
  430  or plan’s assets.
  431         (5) AUTHORIZED INVESTMENTS.—
  432         (a) The investment policy shall list investments authorized
  433  by the board. Investments not listed in the investment policy
  434  are prohibited. Unless otherwise authorized by law or ordinance,
  435  the investment of the assets of any local retirement system or
  436  plan covered by this part shall be subject to the limitations
  437  and conditions set forth in s. 215.47(1)-(6), (8), (9), (11) and
  438  (17).
  439         Section 6. For the purpose of incorporating the amendments
  440  made by this act to section 215.47, Florida Statutes, in a
  441  reference thereto, paragraph (a) of subsection (3) of section
  442  420.503, Florida Statutes, is reenacted to read:
  443         420.503 Definitions.—As used in this part, the term:
  444         (3) “Authorized investments” means any of the following
  445  securities:
  446         (a) Investments permitted under s. 215.47(1) and (2),
  447  without regard to any limitation set forth therein.
  448         Section 7. For the purpose of incorporating the amendments
  449  made by this act to section 215.47, Florida Statutes, in a
  450  reference thereto, paragraph (e) of subsection (4) of section
  451  1002.36, Florida Statutes, is reenacted to read:
  452         1002.36 Florida School for the Deaf and the Blind.—
  453         (4) BOARD OF TRUSTEES.—
  454         (e) The board of trustees is invested with full power and
  455  authority to:
  456         1. Appoint a president, faculty, teachers, and other
  457  employees and remove the same as in its judgment may be best and
  458  fix their compensation.
  459         2. Procure professional services, such as medical, mental
  460  health, architectural, and engineering.
  461         3. Procure legal services without the prior written
  462  approval of the Attorney General.
  463         4. Determine eligibility of students and procedure for
  464  admission.
  465         5. Provide for the students of the school necessary
  466  bedding, clothing, food, and medical attendance and such other
  467  things as may be proper for the health and comfort of the
  468  students without cost to their parents, except that the board of
  469  trustees may set tuition and other fees for nonresidents.
  470         6. Provide for the proper keeping of accounts and records
  471  and for budgeting of funds.
  472         7. Enter into contracts.
  473         8. Sue and be sued.
  474         9. Secure public liability insurance.
  475         10. Do and perform every other matter or thing requisite to
  476  the proper management, maintenance, support, and control of the
  477  school at the highest efficiency economically possible, the
  478  board of trustees taking into consideration the purposes of the
  479  establishment.
  480         11. Receive gifts, donations, and bequests of money or
  481  property, real or personal, tangible or intangible, from any
  482  person, firm, corporation, or other legal entity. However, the
  483  board of trustees may not obligate the state to any expenditure
  484  or policy that is not specifically authorized by law. If the
  485  bill of sale, will, trust indenture, deed, or other legal
  486  conveyance specifies terms and conditions concerning the use of
  487  such money or property, the board of trustees shall observe such
  488  terms and conditions.
  489         12. Deposit outside the State Treasury such moneys as are
  490  received as gifts, donations, or bequests and may disburse and
  491  expend such moneys, upon its own warrant, for the use and
  492  benefit of the Florida School for the Deaf and the Blind and its
  493  students, as the board of trustees deems to be in the best
  494  interest of the school and its students. Such money or property
  495  does not constitute and may not be considered a part of any
  496  legislative appropriation.
  497         13. Sell or convey by bill of sale, deed, or other legal
  498  instrument any property, real or personal, received as a gift,
  499  donation, or bequest, upon such terms and conditions as the
  500  board of trustees deems to be in the best interest of the school
  501  and its students.
  502         14. Invest such moneys in securities enumerated under s.
  503  215.47(1), (2)(c), (3), (4), and (10), and in The Common Fund,
  504  an Investment Management Fund exclusively for nonprofit
  505  educational institutions.
  506         15. After receiving approval from the Administration
  507  Commission, exercise the power of eminent domain in the manner
  508  provided in chapter 73 or chapter 74.
  509         Section 8. This act shall take effect upon becoming a law.