Florida Senate - 2023                                     SB 302
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01836D-23                                           2023302__
    1                        A bill to be entitled                      
    2         An act relating to government and corporate activism;
    3         amending s. 17.57, F.S.; defining the term “pecuniary
    4         factor”; requiring that the Chief Financial Officer,
    5         or a party authorized to invest on his or her behalf,
    6         make investment decisions based solely on pecuniary
    7         factors; amending s. 20.058, F.S.; requiring a
    8         specified attestation, under penalty of perjury, from
    9         certain organizations; defining the term “pecuniary
   10         factor”; requiring citizen support organizations and
   11         direct-support organizations to make investment
   12         decisions based solely on pecuniary factors; amending
   13         s. 112.656, F.S.; requiring that investment decisions
   14         comply with a specified requirement related to the
   15         consideration of pecuniary factors; amending s.
   16         112.661, F.S.; conforming a provision to changes made
   17         by the act; creating s. 112.662, F.S.; defining the
   18         term “pecuniary factor”; providing that only pecuniary
   19         factors may be considered in investment decisions for
   20         retirement systems or plans; providing that the
   21         interests of participants and beneficiaries of such
   22         systems or plans may not be subordinated to other
   23         objectives; requiring shareholder rights to be
   24         exercised considering only pecuniary factors;
   25         requiring specified reports; providing requirements
   26         for such reports; requiring the Department of
   27         Management Services to report certain noncompliance to
   28         the Attorney General; authorizing certain proceedings
   29         to be brought by the Attorney General who, if
   30         successful in those proceedings, is entitled to
   31         reasonable attorney fees and costs; requiring the
   32         department to adopt rules; amending ss. 175.071 and
   33         185.06, F.S.; specifying that certain public boards of
   34         trustees are subject to the requirement that only
   35         pecuniary interests be considered in investment
   36         decisions; amending s. 215.47, F.S.; defining the term
   37         “pecuniary factor”; requiring the State Board of
   38         Administration to make investment decisions based
   39         solely on pecuniary factors; providing an exception to
   40         current investment and fiduciary standards in the
   41         event of a conflict; amending s. 215.475, F.S.;
   42         requiring the Florida Retirement System Defined
   43         Benefit Plan Investment Policy Statement to comply
   44         with the requirement that only pecuniary interests be
   45         considered in investment decisions; amending s.
   46         215.4755, F.S.; requiring certain investment advisors
   47         or managers to certify in writing that investment
   48         decisions are based solely on pecuniary factors;
   49         providing applicability; providing that failure to
   50         file a required certification is grounds for
   51         termination of certain contracts; providing that a
   52         submission of a materially false certification is
   53         deemed a willful refusal to comply with a certain
   54         fiduciary standard; requiring that certain
   55         noncompliance be reported to the Attorney General, who
   56         is authorized to bring certain civil or administrative
   57         actions; providing that if the Attorney General is
   58         successful in those proceedings, he or she is entitled
   59         to reasonable attorney fees and costs; creating s.
   60         215.681, F.S.; defining terms; prohibiting bond
   61         issuers from issuing environmental, social, and
   62         governance bonds and taking other related actions;
   63         authorizing certain financial institutions to purchase
   64         and underwrite specified bonds; providing
   65         applicability; creating s. 215.855, F.S.; defining
   66         terms; requiring that contracts between governmental
   67         entities and investment managers contain certain
   68         provisions and a specified disclaimer; providing
   69         applicability; amending s. 218.415, F.S.; defining the
   70         term “pecuniary factor”; requiring units of local
   71         government to make investment decisions based solely
   72         on pecuniary factors; amending s. 280.02, F.S.;
   73         revising the definition of the term “qualified public
   74         depository”; creating s. 280.025, F.S.; requiring a
   75         specified attestation, under penalty of perjury, from
   76         certain entities; amending s. 280.05, F.S.; requiring
   77         the Chief Financial Officer to verify such
   78         attestations; requiring the Chief Financial Officer to
   79         report materially false attestations to the Attorney
   80         General, who is authorized to bring certain civil and
   81         administrative actions; providing that if the Attorney
   82         General is successful in those proceedings, he or she
   83         is entitled to reasonable attorney fees and costs;
   84         providing construction; authorizing the Chief
   85         Financial Officer to suspend or disqualify a qualified
   86         public depository that no longer meets the definition
   87         of that term; amending s. 280.051, F.S.; adding
   88         grounds for suspension or disqualification of a
   89         qualified public depository; amending s. 280.054,
   90         F.S.; providing that failure to timely file a required
   91         attestation is deemed a knowing and willful violation;
   92         amending s. 280.055, F.S.; adding a circumstance under
   93         which the Chief Financial Officer may issue certain
   94         orders against a qualified public depository; creating
   95         s. 287.05701, F.S.; defining the term “awarding body”;
   96         prohibiting an awarding body from requesting certain
   97         documentation or giving preference to vendors based on
   98         their social, political, or ideological interests;
   99         requiring that solicitations for the procurement of
  100         commodities or contractual services by an awarding
  101         body contain a specified notification, beginning on a
  102         specified date; creating s. 516.037, F.S.; requiring
  103         licensees to make certain determinations based on an
  104         analysis of certain risk factors; prohibiting such
  105         licensees from engaging in unsafe and unsound
  106         practices; providing construction; providing that
  107         certain actions on the part of licensees are an unsafe
  108         and unsound practice; requiring a specified
  109         attestation, under penalty of perjury, from applicants
  110         and licensees beginning on a specified date; providing
  111         that a failure to comply with specified requirements
  112         or engaging in unsafe and unsound practices
  113         constitutes a violation of the Florida Deceptive and
  114         Unfair Trade Practices Act, subject to specified
  115         sanctions and penalties; providing that only the
  116         enforcing authority can enforce such violations;
  117         providing that an enforcing authority that brings a
  118         successful action for violations is entitled to
  119         reasonable attorney fees and costs; creating s.
  120         560.1115, F.S.; requiring licensees to make
  121         determinations about the provision or denial of
  122         services based on an analysis of certain risk factors;
  123         prohibiting the licensees from engaging in unsafe and
  124         unsound practices; providing construction; providing
  125         that certain actions are an unsafe and unsound
  126         practice; requiring a specified attestation, under
  127         penalty of perjury, from applicants and licensees
  128         beginning on a specified date; providing that a
  129         failure to comply with specified requirements or
  130         engaging in unsafe and unsound practices constitutes a
  131         violation of the Florida Deceptive and Unfair Trade
  132         Practices Act, subject to specified sanctions and
  133         penalties; providing that only the enforcing authority
  134         can enforce such violations; providing that an
  135         enforcing authority that brings a successful action
  136         for violations is entitled to reasonable attorney fees
  137         and costs; amending s. 560.114, F.S.; revising the
  138         actions that constitute grounds for specified
  139         disciplinary action of a money services business, an
  140         authorized vendor, or an affiliated party; amending s.
  141         655.005, F.S.; revising a definition; creating s.
  142         655.0323, F.S.; requiring financial institutions to
  143         make determinations about the provision or denial of
  144         services based on an analysis of specified risk
  145         factors; prohibiting financial institutions from
  146         engaging in unsafe and unsound practices; providing
  147         construction; providing that certain actions are an
  148         unsafe and unsound practice; requiring a specified
  149         attestation, under penalty of perjury, from financial
  150         institutions annually, beginning on a specified date;
  151         providing that engaging in unsafe and unsound
  152         practices constitutes a violation of the Florida
  153         Deceptive and Unfair Trade Practices Act, subject to
  154         specified sanctions and penalties; providing that only
  155         the enforcing authority can enforce such violations;
  156         providing that an enforcing authority that brings a
  157         successful action for violations is entitled to
  158         reasonable attorney fees and costs; prohibiting
  159         certain entities from exercising specified authority;
  160         amending s. 1010.04, F.S.; prohibiting school
  161         districts, Florida College System Institutions, and
  162         state universities from requesting certain
  163         documentation from vendors and giving preference to
  164         vendors based on their social, political, or
  165         ideological interests; requiring that solicitations
  166         for purchases or leases include a specified notice;
  167         reenacting s. 17.61(1), F.S., relating to powers and
  168         duties of the Chief Financial Officer in the
  169         investment of certain funds, to incorporate the
  170         amendment made to s. 17.57, F.S., in references
  171         thereto; reenacting s. 215.44(3), F.S., relating to
  172         the powers and duties of the Board of Administration
  173         in the investment of trust funds, to incorporate the
  174         amendment made to s. 215.47, F.S., in a reference
  175         thereto; providing an effective date.
  176          
  177  Be It Enacted by the Legislature of the State of Florida:
  178  
  179         Section 1. Subsection (1) of section 17.57, Florida
  180  Statutes, is amended to read:
  181         17.57 Deposits and investments of state money.—
  182         (1)(a)As used in this subsection, the term “pecuniary
  183  factor” means a factor that the Chief Financial Officer, or
  184  other party authorized to invest on his or her behalf, prudently
  185  determines is expected to have a material effect on the risk or
  186  returns of an investment based on appropriate investment
  187  horizons consistent with applicable investment objectives and
  188  funding policy. The term does not include the consideration or
  189  furtherance of any social, political, or ideological interests.
  190         (b) The Chief Financial Officer, or other parties with the
  191  permission of the Chief Financial Officer, shall deposit the
  192  money of the state or any money in the State Treasury in such
  193  qualified public depositories of the state as will offer
  194  satisfactory collateral security for such deposits, pursuant to
  195  chapter 280. It is the duty of the Chief Financial Officer,
  196  consistent with the cash requirements of the state, to keep such
  197  money fully invested or deposited as provided herein in order
  198  that the state may realize maximum earnings and benefits.
  199         (c)Notwithstanding any other law, when deciding whether to
  200  invest and when investing, the Chief Financial Officer, or other
  201  party authorized to invest on his or her behalf, must make
  202  decisions based solely on pecuniary factors and may not
  203  subordinate the interests of the people of this state to other
  204  objectives, including sacrificing investment return or
  205  undertaking additional investment risk to promote any
  206  nonpecuniary factor. The weight given to any pecuniary factor
  207  must appropriately reflect a prudent assessment of its impact on
  208  risk or returns.
  209         Section 2. Present subsections (4) and (5) of section
  210  20.058, Florida Statutes, are redesignated as subsections (5)
  211  and (6), respectively, and paragraph (g) is added to subsection
  212  (1) and a new subsection (4) is added to that section, to read:
  213         20.058 Citizen support and direct-support organizations.—
  214         (1) By August 1 of each year, a citizen support
  215  organization or direct-support organization created or
  216  authorized pursuant to law or executive order and created,
  217  approved, or administered by an agency, shall submit the
  218  following information to the appropriate agency:
  219         (g)An attestation, under penalty of perjury, stating that
  220  the organization has complied with subsection (4).
  221         (4)(a)As used in this section, the term “pecuniary factor”
  222  means a factor that the citizen support organization or direct
  223  support organization prudently determines is expected to have a
  224  material effect on the risk or returns of an investment based on
  225  appropriate investment horizons consistent with applicable
  226  investment objectives and funding policy. The term does not
  227  include the consideration or furtherance of any social,
  228  political, or ideological interests.
  229         (b)Notwithstanding any other law, when deciding whether to
  230  invest and when investing funds on behalf of an agency, the
  231  citizen support organization or direct-support organization must
  232  make decisions based solely on pecuniary factors and may not
  233  subordinate the interests of the people of this state to other
  234  objectives, including sacrificing investment return or
  235  undertaking additional investment risk to promote any
  236  nonpecuniary factor. The weight given to any pecuniary factor
  237  must appropriately reflect a prudent assessment of its impact on
  238  risk or returns.
  239         Section 3. Subsection (1) of section 112.656, Florida
  240  Statutes, is amended to read:
  241         112.656 Fiduciary duties; certain officials included as
  242  fiduciaries.—
  243         (1) A fiduciary shall discharge his or her duties with
  244  respect to a plan solely in the interest of the participants and
  245  beneficiaries for the exclusive purpose of providing benefits to
  246  participants and their beneficiaries and defraying reasonable
  247  expenses of administering the plan. Investment decisions must
  248  comply with s. 112.662.
  249         Section 4. Subsection (4) of section 112.661, Florida
  250  Statutes, is amended to read:
  251         112.661 Investment policies.—Investment of the assets of
  252  any local retirement system or plan must be consistent with a
  253  written investment policy adopted by the board. Such policies
  254  shall be structured to maximize the financial return to the
  255  retirement system or plan consistent with the risks incumbent in
  256  each investment and shall be structured to establish and
  257  maintain an appropriate diversification of the retirement system
  258  or plan’s assets.
  259         (4) INVESTMENT AND FIDUCIARY STANDARDS.—The investment
  260  policy shall describe the level of prudence and ethical
  261  standards to be followed by the board in carrying out its
  262  investment activities with respect to funds described in this
  263  section. The board in performing its investment duties shall
  264  comply with the fiduciary standards set forth in the Employee
  265  Retirement Income Security Act of 1974 at 29 U.S.C. s.
  266  1104(a)(1)(A)-(C). Except as provided in s. 112.662, in case of
  267  conflict with other provisions of law authorizing investments,
  268  the investment and fiduciary standards set forth in this section
  269  shall prevail.
  270         Section 5. Section 112.662, Florida Statutes, is created to
  271  read:
  272         112.662Investments; exercising shareholder rights.—
  273         (1)As used in this section, the term “pecuniary factor”
  274  means a factor that the plan administrator, named fiduciary,
  275  board, or board of trustees prudently determines is expected to
  276  have a material effect on the risk or returns of an investment
  277  based on appropriate investment horizons consistent with the
  278  investment objectives and funding policy of the retirement
  279  system or plan. The term does not include the consideration or
  280  furtherance of any social, political, or ideological interests.
  281         (2)Notwithstanding any other law, when deciding whether to
  282  invest and when investing the assets of any retirement system or
  283  plan, only pecuniary factors may be considered and the interests
  284  of the participants and beneficiaries of the system or plan may
  285  not be subordinated to other objectives, including sacrificing
  286  investment return or undertaking additional investment risk to
  287  promote any nonpecuniary factor. The weight given to any
  288  pecuniary factor must appropriately reflect a prudent assessment
  289  of its impact on risk or returns.
  290         (3)Notwithstanding any other law, when deciding whether to
  291  exercise shareholder rights or when exercising such rights on
  292  behalf of a retirement system or plan, including the voting of
  293  proxies, only pecuniary factors may be considered and the
  294  interests of the participants and beneficiaries of the system or
  295  plan may not be subordinated to other objectives, including
  296  sacrificing investment return or undertaking additional
  297  investment risk to promote any nonpecuniary factor.
  298         (4)(a)By December 15, 2023, and by December 15 of each
  299  odd-numbered year thereafter, each retirement system or plan
  300  shall file a comprehensive report detailing and reviewing the
  301  governance policies concerning decisionmaking in vote decisions
  302  and adherence to the fiduciary standards required of such
  303  retirement system or plan under this section, including the
  304  exercise of shareholder rights.
  305         1.The State Board of Administration, on behalf of the
  306  Florida Retirement System, shall submit its report to the
  307  Governor, the Attorney General, the Chief Financial Officer, the
  308  President of the Senate, and the Speaker of the House of
  309  Representatives.
  310         2.All other retirement systems or plans shall submit their
  311  reports to the Department of Management Services.
  312         (b)By January 15, 2024, and by January 15 of each even
  313  numbered year thereafter, the Department of Management Services
  314  shall submit a summary report to the Governor, the Attorney
  315  General, the Chief Financial Officer, the President of the
  316  Senate, and the Speaker of the House of Representatives that
  317  includes a summary of the reports submitted under paragraph (a)
  318  and identifies any relevant trends among such systems and plans.
  319         (c)The Department of Management Services shall report
  320  incidents of noncompliance to the Attorney General, who may
  321  institute proceedings to enjoin any person found violating this
  322  section. If such action is successful, the Attorney General is
  323  entitled to reasonable attorney fees and costs.
  324         (d)The Department of Management Services shall adopt rules
  325  to implement this subsection.
  326         Section 6. Subsection (1) of section 175.071, Florida
  327  Statutes, is amended to read:
  328         175.071 General powers and duties of board of trustees.—For
  329  any municipality, special fire control district, chapter plan,
  330  local law municipality, local law special fire control district,
  331  or local law plan under this chapter:
  332         (1) The board of trustees, subject to the fiduciary
  333  standards in ss. 112.656, 112.661, and 518.11, and the Code of
  334  Ethics in ss. 112.311-112.3187, and the requirements in s.
  335  112.662, may:
  336         (a) Invest and reinvest the assets of the firefighters’
  337  pension trust fund in annuity and life insurance contracts of
  338  life insurance companies in amounts sufficient to provide, in
  339  whole or in part, the benefits to which all of the participants
  340  in the firefighters’ pension trust fund are entitled under this
  341  chapter and pay the initial and subsequent premiums thereon.
  342         (b) Invest and reinvest the assets of the firefighters’
  343  pension trust fund in:
  344         1. Time or savings accounts of a national bank, a state
  345  bank insured by the Bank Insurance Fund, or a savings, building,
  346  and loan association insured by the Savings Association
  347  Insurance Fund administered by the Federal Deposit Insurance
  348  Corporation or a state or federal chartered credit union whose
  349  share accounts are insured by the National Credit Union Share
  350  Insurance Fund.
  351         2. Obligations of the United States or obligations
  352  guaranteed as to principal and interest by the government of the
  353  United States.
  354         3. Bonds issued by the State of Israel.
  355         4. Bonds, stocks, or other evidences of indebtedness issued
  356  or guaranteed by a corporation organized under the laws of the
  357  United States, any state or organized territory of the United
  358  States, or the District of Columbia, if:
  359         a. The corporation is listed on any one or more of the
  360  recognized national stock exchanges or on the National Market
  361  System of the NASDAQ Stock Market and, in the case of bonds
  362  only, holds a rating in one of the three highest classifications
  363  by a major rating service; and
  364         b. The board of trustees may not invest more than 5 percent
  365  of its assets in the common stock or capital stock of any one
  366  issuing company, nor may the aggregate investment in any one
  367  issuing company exceed 5 percent of the outstanding capital
  368  stock of that company or the aggregate of its investments under
  369  this subparagraph at cost exceed 50 percent of the assets of the
  370  fund.
  371  
  372  This paragraph applies to all boards of trustees and
  373  participants. However, if a municipality or special fire control
  374  district has a duly enacted pension plan pursuant to, and in
  375  compliance with, s. 175.351, and the trustees desire to vary the
  376  investment procedures, the trustees of such plan must request a
  377  variance of the investment procedures as outlined herein only
  378  through a municipal ordinance, special act of the Legislature,
  379  or resolution by the governing body of the special fire control
  380  district; if a special act, or a municipality by ordinance
  381  adopted before July 1, 1998, permits a greater than 50-percent
  382  equity investment, such municipality is not required to comply
  383  with the aggregate equity investment provisions of this
  384  paragraph. Notwithstanding any other provision of law, this
  385  section may not be construed to take away any preexisting legal
  386  authority to make equity investments that exceed the
  387  requirements of this paragraph. Notwithstanding any other
  388  provision of law, the board of trustees may invest up to 25
  389  percent of plan assets in foreign securities on a market-value
  390  basis. The investment cap on foreign securities may not be
  391  revised, amended, increased, or repealed except as provided by
  392  general law.
  393         (c) Issue drafts upon the firefighters’ pension trust fund
  394  pursuant to this act and rules prescribed by the board of
  395  trustees. All such drafts must be consecutively numbered, be
  396  signed by the chair and secretary, or by two individuals
  397  designated by the board who are subject to the same fiduciary
  398  standards as the board of trustees under this subsection, and
  399  state upon their faces the purpose for which the drafts are
  400  drawn. The treasurer or depository of each municipality or
  401  special fire control district shall retain such drafts when
  402  paid, as permanent vouchers for disbursements made, and no money
  403  may be otherwise drawn from the fund.
  404         (d) Convert into cash any securities of the fund.
  405         (e) Keep a complete record of all receipts and
  406  disbursements and the board’s acts and proceedings.
  407         Section 7. Subsection (1) of section 185.06, Florida
  408  Statutes, is amended to read:
  409         185.06 General powers and duties of board of trustees.—For
  410  any municipality, chapter plan, local law municipality, or local
  411  law plan under this chapter:
  412         (1) The board of trustees, subject to the fiduciary
  413  standards in ss. 112.656, 112.661, and 518.11, and the Code of
  414  Ethics in ss. 112.311-112.3187, and the requirements in s.
  415  112.662, may:
  416         (a) Invest and reinvest the assets of the retirement trust
  417  fund in annuity and life insurance contracts of life insurance
  418  companies in amounts sufficient to provide, in whole or in part,
  419  the benefits to which all of the participants in the municipal
  420  police officers’ retirement trust fund are entitled under this
  421  chapter, and pay the initial and subsequent premiums thereon.
  422         (b) Invest and reinvest the assets of the retirement trust
  423  fund in:
  424         1. Time or savings accounts of a national bank, a state
  425  bank insured by the Bank Insurance Fund, or a savings and loan
  426  association insured by the Savings Association Insurance Fund
  427  administered by the Federal Deposit Insurance Corporation or a
  428  state or federal chartered credit union whose share accounts are
  429  insured by the National Credit Union Share Insurance Fund.
  430         2. Obligations of the United States or obligations
  431  guaranteed as to principal and interest by the United States.
  432         3. Bonds issued by the State of Israel.
  433         4. Bonds, stocks, or other evidences of indebtedness issued
  434  or guaranteed by a corporation organized under the laws of the
  435  United States, any state or organized territory of the United
  436  States, or the District of Columbia, provided:
  437         a. The corporation is listed on any one or more of the
  438  recognized national stock exchanges or on the National Market
  439  System of the NASDAQ Stock Market and, in the case of bonds
  440  only, holds a rating in one of the three highest classifications
  441  by a major rating service; and
  442         b. The board of trustees may not invest more than 5 percent
  443  of its assets in the common stock or capital stock of any one
  444  issuing company, nor shall the aggregate investment in any one
  445  issuing company exceed 5 percent of the outstanding capital
  446  stock of the company or the aggregate of its investments under
  447  this subparagraph at cost exceed 50 percent of the fund’s
  448  assets.
  449  
  450  This paragraph applies to all boards of trustees and
  451  participants. However, if a municipality has a duly enacted
  452  pension plan pursuant to, and in compliance with, s. 185.35 and
  453  the trustees desire to vary the investment procedures, the
  454  trustees of such plan shall request a variance of the investment
  455  procedures as outlined herein only through a municipal ordinance
  456  or special act of the Legislature; if a special act, or a
  457  municipality by ordinance adopted before July 1, 1998, permits a
  458  greater than 50-percent equity investment, such municipality is
  459  not required to comply with the aggregate equity investment
  460  provisions of this paragraph. Notwithstanding any other
  461  provision of law, this section may not be construed to take away
  462  any preexisting legal authority to make equity investments that
  463  exceed the requirements of this paragraph. Notwithstanding any
  464  other provision of law, the board of trustees may invest up to
  465  25 percent of plan assets in foreign securities on a market
  466  value basis. The investment cap on foreign securities may not be
  467  revised, amended, repealed, or increased except as provided by
  468  general law.
  469         (c) Issue drafts upon the municipal police officers’
  470  retirement trust fund pursuant to this act and rules prescribed
  471  by the board of trustees. All such drafts shall be consecutively
  472  numbered, be signed by the chair and secretary or by two
  473  individuals designated by the board who are subject to the same
  474  fiduciary standards as the board of trustees under this
  475  subsection, and state upon their faces the purposes for which
  476  the drafts are drawn. The city treasurer or other depository
  477  shall retain such drafts when paid, as permanent vouchers for
  478  disbursements made, and no money may otherwise be drawn from the
  479  fund.
  480         (d) Finally decide all claims to relief under the board’s
  481  rules and regulations and pursuant to the provisions of this
  482  act.
  483         (e) Convert into cash any securities of the fund.
  484         (f) Keep a complete record of all receipts and
  485  disbursements and of the board’s acts and proceedings.
  486         Section 8. Subsection (10) of section 215.47, Florida
  487  Statutes, is amended to read:
  488         215.47 Investments; authorized securities; loan of
  489  securities.—Subject to the limitations and conditions of the
  490  State Constitution or of the trust agreement relating to a trust
  491  fund, moneys available for investments under ss. 215.44-215.53
  492  may be invested as follows:
  493         (10)(a)As used in this subsection, the term “pecuniary
  494  factor” means a factor that the State Board of Administration
  495  prudently determines is expected to have a material effect on
  496  the risk or returns of an investment based on appropriate
  497  investment horizons consistent with applicable investment
  498  objectives and funding policy. The term does not include the
  499  consideration or furtherance of any social, political, or
  500  ideological interests.
  501         (b)Notwithstanding any other law except for ss. 215.472,
  502  215.4725, and 215.473, when deciding whether to invest and when
  503  investing the assets of any fund, the State Board of
  504  Administration must make decisions based solely on pecuniary
  505  factors and may not subordinate the interests of the
  506  participants and beneficiaries of the fund to other objectives,
  507  including sacrificing investment return or undertaking
  508  additional investment risk to promote any nonpecuniary factor.
  509  The weight given to any pecuniary factor must appropriately
  510  reflect a prudent assessment of its impact on risk or returns.
  511         (c) Investments made by the State Board of Administration
  512  shall be designed to maximize the financial return to the fund
  513  consistent with the risks incumbent in each investment and shall
  514  be designed to preserve an appropriate diversification of the
  515  portfolio. The board shall discharge its duties with respect to
  516  a plan solely in the interest of its participants and
  517  beneficiaries. The board in performing the above investment
  518  duties shall comply with the fiduciary standards set forth in
  519  the Employee Retirement Income Security Act of 1974 at 29 U.S.C.
  520  s. 1104(a)(1)(A) through (C). Except as provided in paragraph
  521  (b), in case of conflict with other provisions of law
  522  authorizing investments, the investment and fiduciary standards
  523  set forth in this paragraph subsection shall prevail.
  524         Section 9. Subsection (1) of section 215.475, Florida
  525  Statutes, is amended to read:
  526         215.475 Investment policy statement.—
  527         (1) In making investments for the System Trust Fund
  528  pursuant to ss. 215.44-215.53, the board shall make no
  529  investment which is not in conformance with the Florida
  530  Retirement System Defined Benefit Plan Investment Policy
  531  Statement, hereinafter referred to as “the IPS,” as developed by
  532  the executive director and approved by the board. The IPS must
  533  comply with s. 215.47(10) and include, among other items, the
  534  investment objectives of the System Trust Fund; permitted types
  535  of securities in which the board may invest; and evaluation
  536  criteria necessary to measure the investment performance of the
  537  fund. As required from time to time, the executive director of
  538  the board may present recommended changes in the IPS to the
  539  board for approval.
  540         Section 10. Present paragraphs (b), (c), and (d) of
  541  subsection (1) of section 215.4755, Florida Statutes, are
  542  redesignated as paragraphs (c), (d), and (e), respectively, a
  543  new paragraph (b) is added to that subsection, and subsection
  544  (3) of that section is amended, to read:
  545         215.4755 Certification and disclosure requirements for
  546  investment advisers and managers.—
  547         (1) An investment adviser or manager who has discretionary
  548  investment authority for direct holdings and who is retained as
  549  provided in s. 215.44(2)(b) shall agree pursuant to contract to
  550  annually certify in writing to the board that:
  551         (b)All investment decisions made on behalf of the trust
  552  funds and the board are made based solely on pecuniary factors
  553  as defined in s. 215.47(10)(a) and do not subordinate the
  554  interests of the participants and beneficiaries of the funds to
  555  other objectives, including sacrificing investment return or
  556  undertaking additional investment risk to promote any
  557  nonpecuniary factor. This paragraph applies to any contract
  558  executed, amended, or renewed on or after July 1, 2023.
  559         (3)(a) An investment adviser or manager certification
  560  required under subsection (1) must shall be provided by each
  561  annually, no later than January 31, for the reporting period of
  562  the previous calendar year on a form prescribed by the board.
  563         (b)Failure to timely file the certification required under
  564  subsection (1) is grounds for termination of any contract
  565  between the board and the investment advisor or manager.
  566         (c)Submission of a materially false certification is
  567  deemed a willful refusal to comply with the fiduciary standard
  568  described in paragraph (1)(b).
  569         (d)If an investment advisor or manager fails to comply
  570  with the fiduciary standard described in paragraph (1)(b) while
  571  providing services to the board, the board must report such
  572  noncompliance to the Attorney General, who may bring a civil or
  573  administrative action for damages, injunctive relief, and such
  574  other relief as may be appropriate. If such action is
  575  successful, the Attorney General is entitled to reasonable
  576  attorney fees and costs.
  577         Section 11. Section 215.681, Florida Statutes, is created
  578  to read:
  579         215.681ESG bonds; prohibitions.—
  580         (1)As used in this section, the term:
  581         (a)“Bonds” means any note, general obligation bond,
  582  revenue bond, special assessment bond, special obligation bond,
  583  private activity bond, certificate of participation, or other
  584  evidence of indebtedness or obligation, in either temporary or
  585  definitive form.
  586         (b)“ESG” means environmental, social, and governance.
  587         (c)“ESG bonds” means any bonds that have been designated
  588  or labeled as bonds that will be used to finance a project with
  589  an ESG purpose, including, but not limited to, green bonds,
  590  Certified Climate Bonds, GreenStar designated bonds, and other
  591  environmental bonds marketed as promoting an environmental
  592  objective; social bonds marketed as promoting a social
  593  objective; and sustainability bonds and sustainable development
  594  goal bonds marketed as promoting both environmental and social
  595  objectives. The term includes those bonds self-designated by the
  596  issuer as ESG-labeled bonds and those designated as ESG-labeled
  597  bonds by a third-party verifier.
  598         (d)“Issuer” means the division, acting on behalf of any
  599  entity; any local government, educational entity, or entity of
  600  higher education as defined in s. 215.89(2)(c), (d), and (e),
  601  respectively, or other political subdivision granted the power
  602  to issue bonds; any public body corporate and politic authorized
  603  or created by general or special law and granted the power to
  604  issue bonds, including, but not limited to, a water and sewer
  605  district created under chapter 153, a health facilities
  606  authority as defined in s. 154.205, an industrial development
  607  authority created under chapter 159, a housing financing
  608  authority as defined in s. 159.603(3), a research and
  609  development authority as defined in s. 159.702(1)(c), a legal or
  610  administrative entity created by interlocal agreement pursuant
  611  to s. 163.01(7), a community redevelopment agency as defined in
  612  s. 163.340(1), a regional transportation authority created under
  613  chapter 163, a community development district as defined in s.
  614  190.003, an educational facilities authority as defined in s.
  615  243.52(1), the Higher Educational Facilities Financing Authority
  616  created under s. 243.53, the Florida Development Finance
  617  Corporation created under s. 288.9604, a port district or port
  618  authority as defined in s. 315.02(1) and (2), respectively, the
  619  South Florida Regional Transportation Authority created under s.
  620  343.53, the Central Florida Regional Transportation Authority
  621  created under s. 343.63, the Tampa Bay Area Regional Transit
  622  Authority created under s. 343.92, the Greater Miami Expressway
  623  Agency created under s. 348.0304, the Tampa-Hillsborough County
  624  Expressway Authority created under s. 348.52, the Central
  625  Florida Expressway Authority created under s. 348.753, the
  626  Jacksonville Transportation Authority created under s. 349.03,
  627  and the Florida Housing Finance Corporation created under s.
  628  420.504.
  629         (e)“Rating agency” means any nationally recognized rating
  630  service or nationally recognized statistical rating
  631  organization.
  632         (f)“Third-party verifier” means any entity that contracts
  633  with an issuer to conduct an external review and independent
  634  assessment of proposed ESG bonds to ensure that such bonds may
  635  be designated or labeled as ESG bonds or will be used to finance
  636  a project that will comply with applicable ESG standards.
  637         (2)Notwithstanding any other provision of law relating to
  638  the issuance of bonds, it is a violation of this section and it
  639  is prohibited for any issuer to:
  640         (a)Issue ESG bonds.
  641         (b)Expend public funds as defined in s. 215.85(3) or use
  642  moneys derived from the issuance of bonds to pay for the
  643  services of a third-party verifier, including, but not limited
  644  to, certifying or verifying that bonds may be designated or
  645  labeled as ESG bonds, rendering a second-party opinion or
  646  producing a verifier’s report as to the compliance of proposed
  647  ESG bonds with applicable ESG standards and metrics, complying
  648  with post-issuance reporting obligations, or other services that
  649  are only provided due to the designation or labeling of bonds as
  650  ESG bonds.
  651         (c)Enter into a contract with any rating agency whose ESG
  652  scores for such issuer will have a direct, negative impact on
  653  the issuer’s bond ratings.
  654         (3)Notwithstanding s. 655.0323, a financial institution as
  655  defined in s. 655.005(1) may purchase and underwrite bonds
  656  issued by a governmental entity.
  657         (4)This section does not apply to any bonds issued before
  658  July 1, 2023, or to any agreement entered into or any contract
  659  executed before July 1, 2023.
  660         Section 12. Section 215.855, Florida Statutes, is created
  661  to read:
  662         215.855Investment manager external communication.—
  663         (1)As used in this section, the term:
  664         (a)“Governmental entity” means a state, regional, county,
  665  municipal, special district, or other political subdivision
  666  whether executive, judicial, or legislative, including, but not
  667  limited to, a department, division, board, bureau, commission,
  668  authority, district, or agency thereof, or a public school,
  669  Florida College System institution, state university, or
  670  associated board.
  671         (b)“Investment manager” means a private sector company
  672  that offers one or more investment products or services to a
  673  governmental entity and that has the discretionary investment
  674  authority for direct holdings.
  675         (c)“Public funds” means all moneys under the jurisdiction
  676  of a governmental entity and includes all manner of pension and
  677  retirement funds and all other funds held, as trust funds or
  678  otherwise, for any public purpose, subject to investment.
  679         (2)Any contract between a governmental entity and an
  680  investment manager must contain the following provisions:
  681         (a)That any written communication made by the investment
  682  manager to a company in which such manager invests public funds
  683  on behalf of a governmental entity must include the following
  684  disclaimer in a conspicuous location if such communication
  685  discusses social, political, or ideological interests;
  686  subordinates the interests of the company’s shareholders to the
  687  interest of another entity; or advocates for the interest of an
  688  entity other than the company’s shareholders:
  689  
  690  The views and opinions expressed in this communication are those
  691  of the sender and do not reflect the views and opinions of the
  692  people of the State of Florida.
  693  
  694         (b)That the contract may be unilaterally terminated at the
  695  option of the governmental entity if the investment manager does
  696  not include the disclaimer required in paragraph (a).
  697         (3)This section applies to contracts between a
  698  governmental entity and an investment manager executed, amended,
  699  or renewed on or after July 1, 2023.
  700         Section 13. Subsection (24) is added to section 218.415,
  701  Florida Statutes, to read:
  702         218.415 Local government investment policies.—Investment
  703  activity by a unit of local government must be consistent with a
  704  written investment plan adopted by the governing body, or in the
  705  absence of the existence of a governing body, the respective
  706  principal officer of the unit of local government and maintained
  707  by the unit of local government or, in the alternative, such
  708  activity must be conducted in accordance with subsection (17).
  709  Any such unit of local government shall have an investment
  710  policy for any public funds in excess of the amounts needed to
  711  meet current expenses as provided in subsections (1)-(16), or
  712  shall meet the alternative investment guidelines contained in
  713  subsection (17). Such policies shall be structured to place the
  714  highest priority on the safety of principal and liquidity of
  715  funds. The optimization of investment returns shall be secondary
  716  to the requirements for safety and liquidity. Each unit of local
  717  government shall adopt policies that are commensurate with the
  718  nature and size of the public funds within its custody.
  719         (24)INVESTMENT DECISIONS.—
  720         (a)As used in this subsection, the term “pecuniary factor”
  721  means a factor that the governing body of the unit of local
  722  government, or in the absence of the existence of a governing
  723  body, the respective principal officer of the unit of local
  724  government, prudently determines is expected to have a material
  725  effect on the risk or returns of an investment based on
  726  appropriate investment horizons consistent with applicable
  727  investment objectives and funding policy. The term does not
  728  include the consideration or furtherance of any social,
  729  political, or ideological interests.
  730         (b)Notwithstanding any other law, when deciding whether to
  731  invest and when investing public funds pursuant to this section,
  732  the unit of local government must make decisions based solely on
  733  pecuniary factors and may not subordinate the interests of the
  734  people of this state to other objectives, including sacrificing
  735  investment return or undertaking additional investment risk to
  736  promote any nonpecuniary factor. The weight given to any
  737  pecuniary factor must appropriately reflect a prudent assessment
  738  of its impact on risk or returns.
  739         Section 14. Present paragraphs (e) and (f) of subsection
  740  (26) of section 280.02, Florida Statutes, are redesignated as
  741  paragraphs (g) and (h), respectively, and new paragraphs (e) and
  742  (f) are added to that subsection, to read:
  743         280.02 Definitions.—As used in this chapter, the term:
  744         (26) “Qualified public depository” means a bank, savings
  745  bank, or savings association that:
  746         (e)Makes determinations about the provision of services or
  747  the denial of services based on an analysis of risk factors
  748  unique to each customer or member. This paragraph does not
  749  restrict a qualified public depository that claims a religious
  750  purpose from making such determinations based on the religious
  751  beliefs, religious exercise, or religious affiliations of a
  752  customer or member.
  753         (f)Does not engage in the unsafe and unsound practice of
  754  denying or canceling its services to a person, or otherwise
  755  discriminating against a person in making available such
  756  services or in the terms or conditions of such services, on the
  757  basis of:
  758         1.The person’s political opinions, speech, or
  759  affiliations;
  760         2.Except as provided in paragraph (e), the person’s
  761  religious beliefs, religious exercise, or religious
  762  affiliations;
  763         3.Any factor if it is not a quantitative, impartial, and
  764  risk-based standard, including any such factor related to the
  765  person’s business sector; or
  766         4.The use of any rating, scoring, analysis, tabulation, or
  767  action that considers a social credit score based on factors
  768  including, but not limited to:
  769         a.The person’s political opinions, speech, or
  770  affiliations.
  771         b.The person’s religious beliefs, religious exercise, or
  772  religious affiliations.
  773         c.The person’s lawful ownership of a firearm.
  774         d.The person’s engagement in the lawful manufacture,
  775  distribution, sale, purchase, or use of firearms or ammunition.
  776         e.The person’s engagement in the exploration, production,
  777  utilization, transportation, sale, or manufacture of fossil
  778  fuel-based energy, timber, mining, or agriculture.
  779         f.The person’s support of the state or Federal Government
  780  in combatting illegal immigration, drug trafficking, or human
  781  trafficking.
  782         g.The person’s engagement with, facilitation of,
  783  employment by, support of, business relationship with,
  784  representation of, or advocacy for any person described in this
  785  subparagraph.
  786         h.The person’s failure to meet or commit to meet, or
  787  expected failure to meet, any of the following as long as such
  788  person is in compliance with applicable state or federal law:
  789         (I)Environmental standards, including emissions standards,
  790  benchmarks, requirements, or disclosures;
  791         (II)Social governance standards, benchmarks, or
  792  requirements, including, but not limited to, environmental or
  793  social justice;
  794         (III)Corporate board or company employment composition
  795  standards, benchmarks, requirements, or disclosures based on
  796  characteristics protected under the Florida Civil Rights Act of
  797  1992; or
  798         (IV)Policies or procedures requiring or encouraging
  799  employee participation in social justice programming, including,
  800  but not limited to, diversity, equity, or inclusion training.
  801         Section 15. Section 280.025, Florida Statutes, is created
  802  to read:
  803         280.025Attestation required.—
  804         (1)Beginning July 1, 2023, the following entities must
  805  attest, under penalty of perjury, on a form prescribed by the
  806  Chief Financial Officer, whether the entity is in compliance
  807  with s. 280.02(26)(e) and (f):
  808         (a)A bank, savings bank, or savings association, upon
  809  application or reapplication for designation as a qualified
  810  public depository.
  811         (b)A qualified public depository, upon filing the report
  812  required by s. 280.16(1)(d).
  813         (2)If an application or reapplication for designation as a
  814  qualified public depository is pending on July 1, 2023, the
  815  bank, savings bank, or savings association must file the
  816  attestation required under subsection (1) before being
  817  designated or redesignated a qualified public depository.
  818         Section 16. Paragraph (d) of subsection (13) and subsection
  819  (17) of section 280.05, Florida Statutes, are amended to read:
  820         280.05 Powers and duties of the Chief Financial Officer.—In
  821  fulfilling the requirements of this act, the Chief Financial
  822  Officer has the power to take the following actions he or she
  823  deems necessary to protect the integrity of the public deposits
  824  program:
  825         (13) Require the filing of the following reports, which the
  826  Chief Financial Officer shall process as provided:
  827         (d)1. Any related documents, reports, records, or other
  828  information deemed necessary by the Chief Financial Officer in
  829  order to ascertain compliance with this chapter, including, but
  830  not limited to, verifying the attestation required under s.
  831  280.025.
  832         2.If the Chief Financial Officer determines that the
  833  attestation required under s. 280.025 is materially false, he or
  834  she must report such determination to the Attorney General, who
  835  may bring a civil or administrative action for damages,
  836  injunctive relief, and such other relief as may be appropriate.
  837  If such action is successful, the Attorney General is entitled
  838  to reasonable attorney fees and costs.
  839         3.As related to federally chartered financial
  840  institutions, this paragraph may not be construed to create a
  841  power exceeding the visitorial powers of the Chief Financial
  842  Officer allowed under federal law.
  843         (17) Suspend or disqualify or disqualify after suspension
  844  any qualified public depository that has violated any of the
  845  provisions of this chapter or of rules adopted hereunder or that
  846  no longer meets the definition of a qualified public depository
  847  under s. 280.02.
  848         (a) Any qualified public depository that is suspended or
  849  disqualified pursuant to this subsection is subject to the
  850  provisions of s. 280.11(2) governing withdrawal from the public
  851  deposits program and return of pledged collateral. Any
  852  suspension shall not exceed a period of 6 months. Any qualified
  853  public depository which has been disqualified may not reapply
  854  for qualification until after the expiration of 1 year from the
  855  date of the final order of disqualification or the final
  856  disposition of any appeal taken therefrom.
  857         (b) In lieu of suspension or disqualification, impose an
  858  administrative penalty upon the qualified public depository as
  859  provided in s. 280.054.
  860         (c) If the Chief Financial Officer has reason to believe
  861  that any qualified public depository or any other financial
  862  institution holding public deposits is or has been violating any
  863  of the provisions of this chapter or of rules adopted hereunder
  864  or no longer meets the definition of a qualified public
  865  depository under s. 280.02, he or she may issue to the qualified
  866  public depository or other financial institution an order to
  867  cease and desist from the violation or to correct the condition
  868  giving rise to or resulting from the violation. If any qualified
  869  public depository or other financial institution violates a
  870  cease-and-desist or corrective order, the Chief Financial
  871  Officer may impose an administrative penalty upon the qualified
  872  public depository or other financial institution as provided in
  873  s. 280.054 or s. 280.055. In addition to the administrative
  874  penalty, the Chief Financial Officer may suspend or disqualify
  875  any qualified public depository for violation of any order
  876  issued pursuant to this paragraph.
  877         Section 17. Subsections (14) and (15) are added to section
  878  280.051, Florida Statutes, to read:
  879         280.051 Grounds for suspension or disqualification of a
  880  qualified public depository.—A qualified public depository may
  881  be suspended or disqualified or both if the Chief Financial
  882  Officer determines that the qualified public depository has:
  883         (14)Failed to file the attestation required under s.
  884  280.025.
  885         (15)No longer meets the definition of a qualified public
  886  depository under s. 280.02.
  887         Section 18. Paragraph (b) of subsection (1) of section
  888  280.054, Florida Statutes, is amended to read:
  889         280.054 Administrative penalty in lieu of suspension or
  890  disqualification.—
  891         (1) If the Chief Financial Officer finds that one or more
  892  grounds exist for the suspension or disqualification of a
  893  qualified public depository, the Chief Financial Officer may, in
  894  lieu of suspension or disqualification, impose an administrative
  895  penalty upon the qualified public depository.
  896         (b) With respect to any knowing and willful violation of a
  897  lawful order or rule, the Chief Financial Officer may impose a
  898  penalty upon the qualified public depository in an amount not
  899  exceeding $1,000 for each violation. If restitution is due, the
  900  qualified public depository shall make restitution upon the
  901  order of the Chief Financial Officer and shall pay interest on
  902  such amount at the legal rate. Each day a violation continues
  903  constitutes a separate violation. Failure to timely file the
  904  attestation required under s. 280.025 is deemed a knowing and
  905  willful violation.
  906         Section 19. Paragraphs (e) and (f) of subsection (1) of
  907  section 280.055, Florida Statutes, are amended, and paragraph
  908  (g) is added to that subsection, to read:
  909         280.055 Cease and desist order; corrective order;
  910  administrative penalty.—
  911         (1) The Chief Financial Officer may issue a cease and
  912  desist order and a corrective order upon determining that:
  913         (e) A qualified public depository or a custodian has not
  914  furnished to the Chief Financial Officer, when the Chief
  915  Financial Officer requested, a power of attorney or bond power
  916  or bond assignment form required by the bond agent or bond
  917  trustee for each issue of registered certificated securities
  918  pledged and registered in the name, or nominee name, of the
  919  qualified public depository or custodian; or
  920         (f) A qualified public depository; a bank, savings
  921  association, or other financial institution; or a custodian has
  922  committed any other violation of this chapter or any rule
  923  adopted pursuant to this chapter that the Chief Financial
  924  Officer determines may be remedied by a cease and desist order
  925  or corrective order; or
  926         (g)A qualified public depository no longer meets the
  927  definition of a qualified public depository under s. 280.02.
  928         Section 20. Section 287.05701, Florida Statutes, is created
  929  to read:
  930         287.05701Prohibition against considering social,
  931  political, or ideological interests in government contracting.—
  932         (1)As used in this section, the term “awarding body”
  933  means:
  934         (a)For state contracts, an agency or the department.
  935         (b)For local government contracts, the governing body of a
  936  county, a municipality, a special district, or any other
  937  political subdivision of the state.
  938         (2)(a)An awarding body may not request documentation of or
  939  consider a vendor’s social, political, or ideological interests
  940  when determining if the vendor is a responsible vendor.
  941         (b)An awarding body may not give preference to a vendor
  942  based on the vendor’s social, political, or ideological
  943  interests.
  944         (3)Beginning July 1, 2023, any solicitation for the
  945  procurement of commodities or contractual services by an
  946  awarding body must include a provision notifying vendors of the
  947  provisions of this section.
  948         Section 21. Section 516.037, Florida Statutes, is created
  949  to read:
  950         516.037Unsafe and unsound practices.—
  951         (1)Licensees must make determinations about the provision
  952  or denial of services based on an analysis of risk factors
  953  unique to each current or prospective customer and may not
  954  engage in an unsafe and unsound practice as provided in
  955  subsection (2). This subsection does not restrict a licensee
  956  that claims a religious purpose from making such determinations
  957  based on the current or prospective customer’s religious
  958  beliefs, religious exercise, or religious affiliations.
  959         (2)It is an unsafe and unsound practice for a licensee to
  960  deny or cancel its services to a person, or to otherwise
  961  discriminate against a person in making available such services
  962  or in the terms or conditions of such services, on the basis of:
  963         (a)The person’s political opinions, speech, or
  964  affiliations;
  965         (b)Except as provided in subsection (1), the person’s
  966  religious beliefs, religious exercise, or religious
  967  affiliations;
  968         (c)Any factor if it is not a quantitative, impartial, and
  969  risk-based standard, including any such factor related to the
  970  person’s business sector; or
  971         (d)The use of any rating, scoring, analysis, tabulation,
  972  or action that considers a social credit score based on factors
  973  including, but not limited to:
  974         1.The person’s political opinions, speech, or
  975  affiliations.
  976         2.The person’s religious beliefs, religious exercise, or
  977  religious affiliations.
  978         3.The person’s lawful ownership of a firearm.
  979         4.The person’s engagement in the lawful manufacture,
  980  distribution, sale, purchase, or use of firearms or ammunition.
  981         5.The person’s engagement in the exploration, production,
  982  utilization, transportation, sale, or manufacture of fossil
  983  fuel-based energy, timber, mining, or agriculture.
  984         6.The person’s support of the state or Federal Government
  985  in combatting illegal immigration, drug trafficking, or human
  986  trafficking.
  987         7.The person’s engagement with, facilitation of,
  988  employment by, support of, business relationship with,
  989  representation of, or advocacy for any person described in this
  990  paragraph.
  991         8.The person’s failure to meet or commit to meet, or
  992  expected failure to meet, any of the following as long as such
  993  person is in compliance with applicable state or federal law:
  994         a.Environmental standards, including emissions standards,
  995  benchmarks, requirements, or disclosures;
  996         b.Social governance standards, benchmarks, or
  997  requirements, including, but not limited to, environmental or
  998  social justice;
  999         c.Corporate board or company employment composition
 1000  standards, benchmarks, requirements, or disclosures based on
 1001  characteristics protected under the Florida Civil Rights Act of
 1002  1992; or
 1003         d.Policies or procedures requiring or encouraging employee
 1004  participation in social justice programming, including, but not
 1005  limited to, diversity, equity, or inclusion training.
 1006         (3)Beginning July 1, 2023, and upon application for a
 1007  license or license renewal, applicants and licensees must
 1008  attest, under penalty of perjury, on a form prescribed by the
 1009  commission whether the applicant or licensee is acting in
 1010  compliance with subsections (1) and (2).
 1011         (4)In addition to any sanctions and penalties under this
 1012  chapter, a failure to comply with subsection (1) or engaging in
 1013  a practice described in subsection (2) constitutes a violation
 1014  of the Florida Deceptive and Unfair Trade Practices Act under
 1015  part II of chapter 501. Notwithstanding s. 501.211, violations
 1016  must be enforced only by the enforcing authority, as defined in
 1017  s. 501.203(2), and subject the violator to the sanctions and
 1018  penalties provided for in that part. If such action is
 1019  successful, the enforcing authority is entitled to reasonable
 1020  attorney fees and costs.
 1021         Section 22. Section 560.1115, Florida Statutes, is created
 1022  to read:
 1023         560.1115Unsafe and unsound practices.—
 1024         (1)Licensees must make determinations about the provision
 1025  or denial of services based on an analysis of risk factors
 1026  unique to each current or prospective customer and may not
 1027  engage in an unsafe and unsound practice as provided in
 1028  subsection (2). This subsection does not restrict a licensee
 1029  that claims a religious purpose from making such determinations
 1030  based on the current or prospective customer’s religious
 1031  beliefs, religious exercise, or religious affiliations.
 1032         (2)It is an unsafe and unsound practice for a licensee to
 1033  deny or cancel its services to a person, or to otherwise
 1034  discriminate against a person in making available such services
 1035  or in the terms or conditions of such services, on the basis of:
 1036         (a)The person’s political opinions, speech, or
 1037  affiliations;
 1038         (b)Except as provided in subsection (1), the person’s
 1039  religious beliefs, religious exercise, or religious
 1040  affiliations;
 1041         (c)Any factor if it is not a quantitative, impartial, and
 1042  risk-based standard, including any such factor related to the
 1043  person’s business sector; or
 1044         (d)The use of any rating, scoring, analysis, tabulation,
 1045  or action that considers a social credit score based on factors
 1046  including, but not limited to:
 1047         1.The person’s political opinions, speech, or
 1048  affiliations.
 1049         2.The person’s religious beliefs, religious exercise, or
 1050  religious affiliations.
 1051         3.The person’s lawful ownership of a firearm.
 1052         4.The person’s engagement in the lawful manufacture,
 1053  distribution, sale, purchase, or use of firearms or ammunition.
 1054         5.The person’s engagement in the exploration, production,
 1055  utilization, transportation, sale, or manufacture of fossil
 1056  fuel-based energy, timber, mining, or agriculture.
 1057         6.The person’s support of the state or Federal Government
 1058  in combatting illegal immigration, drug trafficking, or human
 1059  trafficking.
 1060         7.The person’s engagement with, facilitation of,
 1061  employment by, support of, business relationship with,
 1062  representation of, or advocacy for any person described in this
 1063  paragraph.
 1064         8.The person’s failure to meet or commit to meet, or
 1065  expected failure to meet, any of the following as long as such
 1066  person is in compliance with applicable state or federal law:
 1067         a.Environmental standards, including emissions standards,
 1068  benchmarks, requirements, or disclosures;
 1069         b.Social governance standards, benchmarks, or
 1070  requirements, including, but not limited to, environmental or
 1071  social justice;
 1072         c.Corporate board or company employment composition
 1073  standards, benchmarks, requirements, or disclosures based on
 1074  characteristics protected under the Florida Civil Rights Act of
 1075  1992; or
 1076         d.Policies or procedures requiring or encouraging employee
 1077  participation in social justice programming, including, but not
 1078  limited to, diversity, equity, or inclusion training.
 1079         (3)Beginning July 1, 2023, and upon application for a
 1080  license or license renewal, applicants and licensees, as
 1081  applicable, must attest, under penalty of perjury, on a form
 1082  prescribed by the commission whether the applicant or licensee
 1083  is acting in compliance with subsections (1) and (2).
 1084         (4)In addition to any sanctions and penalties under this
 1085  chapter, a failure to comply with subsection (1) or engaging in
 1086  a practice described in subsection (2) constitutes a violation
 1087  of the Florida Deceptive and Unfair Trade Practices Act under
 1088  part II of chapter 501. Notwithstanding s. 501.211, violations
 1089  must be enforced only by the enforcing authority, as defined in
 1090  s. 501.203(2), and subject the violator to the sanctions and
 1091  penalties provided for in that part. If such action is
 1092  successful, the enforcing authority is entitled to reasonable
 1093  attorney fees and costs.
 1094         Section 23. Paragraph (h) of subsection (1) of section
 1095  560.114, Florida Statutes, is amended to read:
 1096         560.114 Disciplinary actions; penalties.—
 1097         (1) The following actions by a money services business,
 1098  authorized vendor, or affiliated party constitute grounds for
 1099  the issuance of a cease and desist order; the issuance of a
 1100  removal order; the denial, suspension, or revocation of a
 1101  license; or taking any other action within the authority of the
 1102  office pursuant to this chapter:
 1103         (h) Engaging in an act prohibited under s. 560.111 or s.
 1104  560.1115.
 1105         Section 24. Paragraph (y) of subsection (1) of section
 1106  655.005, Florida Statutes, is amended to read:
 1107         655.005 Definitions.—
 1108         (1) As used in the financial institutions codes, unless the
 1109  context otherwise requires, the term:
 1110         (y) “Unsafe or unsound practice” or “unsafe and unsound
 1111  practice” means:
 1112         1. Any practice or conduct found by the office to be
 1113  contrary to generally accepted standards applicable to a
 1114  financial institution, or a violation of any prior agreement in
 1115  writing or order of a state or federal regulatory agency, which
 1116  practice, conduct, or violation creates the likelihood of loss,
 1117  insolvency, or dissipation of assets or otherwise prejudices the
 1118  interest of the financial institution or its depositors or
 1119  members. In making this determination, the office must consider
 1120  the size and condition of the financial institution, the gravity
 1121  of the violation, and the prior conduct of the person or
 1122  institution involved; or
 1123         2.Failure to comply with s. 655.0323(1), or engaging in a
 1124  practice described in s. 655.0323(2).
 1125         Section 25. Section 655.0323, Florida Statutes, is created
 1126  to read:
 1127         655.0323Unsafe and unsound practices.—
 1128         (1)Financial institutions must make determinations about
 1129  the provision or denial of services based on an analysis of risk
 1130  factors unique to each current or prospective customer or member
 1131  and may not engage in an unsafe and unsound practice as provided
 1132  in subsection (2). This subsection does not restrict a financial
 1133  institution that claims a religious purpose from making such
 1134  determinations based on the current or prospective customer’s or
 1135  member’s religious beliefs, religious exercise, or religious
 1136  affiliations.
 1137         (2)It is an unsafe and unsound practice for a financial
 1138  institution to deny or cancel its services to a person, or to
 1139  otherwise discriminate against a person in making available such
 1140  services or in the terms or conditions of such services, on the
 1141  basis of:
 1142         (a)The person’s political opinions, speech, or
 1143  affiliations;
 1144         (b)Except as provided in subsection (1), the person’s
 1145  religious beliefs, religious exercise, or religious
 1146  affiliations;
 1147         (c)Any factor if it is not a quantitative, impartial, and
 1148  risk-based standard, including any such factor related to the
 1149  person’s business sector; or
 1150         (d)The use of any rating, scoring, analysis, tabulation,
 1151  or action that considers a social credit score based on factors
 1152  including, but not limited to:
 1153         1.The person’s political opinions, speech, or
 1154  affiliations.
 1155         2.The person’s religious beliefs, religious exercise, or
 1156  religious affiliations.
 1157         3.The person’s lawful ownership of a firearm.
 1158         4.The person’s engagement in the lawful manufacture,
 1159  distribution, sale, purchase, or use of firearms or ammunition.
 1160         5.The person’s engagement in the exploration, production,
 1161  utilization, transportation, sale, or manufacture of fossil
 1162  fuel-based energy, timber, mining, or agriculture.
 1163         6.The person’s support of the state or Federal Government
 1164  in combatting illegal immigration, drug trafficking, or human
 1165  trafficking.
 1166         7.The person’s engagement with, facilitation of,
 1167  employment by, support of, business relationship with,
 1168  representation of, or advocacy for any person described in this
 1169  paragraph.
 1170         8.The person’s failure to meet or commit to meet, or
 1171  expected failure to meet, any of the following as long as such
 1172  person is in compliance with applicable state or federal law:
 1173         a.Environmental standards, including emissions standards,
 1174  benchmarks, requirements, or disclosures;
 1175         b.Social governance standards, benchmarks, or
 1176  requirements, including, but not limited to, environmental or
 1177  social justice;
 1178         c.Corporate board or company employment composition
 1179  standards, benchmarks, requirements, or disclosures based on
 1180  characteristics protected under the Florida Civil Rights Act of
 1181  1992; or
 1182         d.Policies or procedures requiring or encouraging employee
 1183  participation in social justice programming, including, but not
 1184  limited to, diversity, equity, or inclusion training.
 1185         (3)Beginning July 1, 2023, and by July 1 of each year
 1186  thereafter, financial institutions subject to the financial
 1187  institutions codes must attest, under penalty of perjury, on a
 1188  form prescribed by the commission whether the entity is acting
 1189  in compliance with subsections (1) and (2).
 1190         (4)Engaging in a practice described in subsection (2) is a
 1191  failure to comply with this chapter, constitutes a violation of
 1192  the financial institutions codes, and is subject to the
 1193  applicable sanctions and penalties provided for in the financial
 1194  institutions codes.
 1195         (5)Notwithstanding ss. 501.211 and 501.212, a failure to
 1196  comply with subsection (1) or a practice described in subsection
 1197  (2) constitutes a violation of the Florida Deceptive and Unfair
 1198  Trade Practices Act under part II of chapter 501. Violations
 1199  must be enforced only by the enforcing authority, as defined in
 1200  s. 501.203(2), and subject the violator to the sanctions and
 1201  penalties provided for in that part. If such action is
 1202  successful, the enforcing authority is entitled to reasonable
 1203  attorney fees and costs.
 1204         (6)The office and the commission may not exercise
 1205  authority pursuant to s. 655.061 in relation to this section.
 1206         Section 26. Subsection (5) is added to section 1010.04,
 1207  Florida Statutes, to read:
 1208         1010.04 Purchasing.—
 1209         (5)Beginning July 1, 2023, school districts, Florida
 1210  College System institutions, and state universities may not:
 1211         (a)Request documentation of or consider a vendor’s social,
 1212  political, or ideological interests.
 1213         (b)Give preference to a vendor based on the vendor’s
 1214  social, political, or ideological interests.
 1215  
 1216  Any solicitation for purchases and leases must include a
 1217  provision notifying vendors of the provisions of this
 1218  subsection.
 1219         Section 27. For the purpose of incorporating the amendment
 1220  made by this act to section 17.57, Florida Statutes, in
 1221  references thereto, subsection (1) of section 17.61, Florida
 1222  Statutes, is reenacted to read:
 1223         17.61 Chief Financial Officer; powers and duties in the
 1224  investment of certain funds.—
 1225         (1) The Chief Financial Officer shall invest all general
 1226  revenue funds and all the trust funds and all agency funds of
 1227  each state agency, and of the judicial branch, as defined in s.
 1228  216.011, and may, upon request, invest funds of any board,
 1229  association, or entity created by the State Constitution or by
 1230  law, except for the funds required to be invested pursuant to
 1231  ss. 215.44-215.53, by the procedure and in the authorized
 1232  securities prescribed in s. 17.57; for this purpose, the Chief
 1233  Financial Officer may open and maintain one or more demand and
 1234  safekeeping accounts in any bank or savings association for the
 1235  investment and reinvestment and the purchase, sale, and exchange
 1236  of funds and securities in the accounts. Funds in such accounts
 1237  used solely for investments and reinvestments shall be
 1238  considered investment funds and not funds on deposit, and such
 1239  funds shall be exempt from the provisions of chapter 280. In
 1240  addition, the securities or investments purchased or held under
 1241  the provisions of this section and s. 17.57 may be loaned to
 1242  securities dealers and banks and may be registered by the Chief
 1243  Financial Officer in the name of a third-party nominee in order
 1244  to facilitate such loans, provided the loan is collateralized by
 1245  cash or United States government securities having a market
 1246  value of at least 100 percent of the market value of the
 1247  securities loaned. The Chief Financial Officer shall keep a
 1248  separate account, designated by name and number, of each fund.
 1249  Individual transactions and totals of all investments, or the
 1250  share belonging to each fund, shall be recorded in the accounts.
 1251         Section 28. For the purpose of incorporating the amendment
 1252  made by this act to section 215.47, Florida Statutes, in a
 1253  reference thereto, subsection (3) of section 215.44, Florida
 1254  Statutes, is reenacted to read:
 1255         215.44 Board of Administration; powers and duties in
 1256  relation to investment of trust funds.—
 1257         (3) Notwithstanding any law to the contrary, all
 1258  investments made by the State Board of Administration pursuant
 1259  to ss. 215.44-215.53 shall be subject to the restrictions and
 1260  limitations contained in s. 215.47, except that investments made
 1261  by the State Board of Administration under a trust agreement
 1262  pursuant to subsection (1) shall be subject only to the
 1263  restrictions and limitations contained in the trust agreement.
 1264         Section 29. This act shall take effect July 1, 2023.