Florida Senate - 2023                              CS for SB 302
       
       
        
       By the Committee on Banking and Insurance; and Senator Grall
       
       
       
       
       
       597-03290-23                                           2023302c1
    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; providing applicability;
   33         amending ss. 175.071 and 185.06, F.S.; specifying that
   34         certain public boards of trustees are subject to the
   35         requirement that only pecuniary factors be considered
   36         in investment decisions; amending s. 215.47, F.S.;
   37         defining the term “pecuniary factor”; requiring the
   38         State Board of Administration to make investment
   39         decisions based solely on pecuniary factors; providing
   40         an exception to current investment and fiduciary
   41         standards in the event of a conflict; amending s.
   42         215.475, F.S.; requiring the Florida Retirement System
   43         Defined Benefit Plan Investment Policy Statement to
   44         comply with the requirement that only pecuniary
   45         factors be considered in investment decisions;
   46         amending s. 215.4755, F.S.; requiring certain
   47         investment advisors or managers to certify in writing
   48         that investment decisions are based solely on
   49         pecuniary factors; providing applicability; providing
   50         that failure to file a required certification is
   51         grounds for termination of certain contracts;
   52         providing that a submission of a materially false
   53         certification is deemed a willful refusal to comply
   54         with a certain fiduciary standard; requiring that
   55         certain noncompliance be reported to the Attorney
   56         General, who is authorized to bring certain civil or
   57         administrative actions; providing that if the Attorney
   58         General is successful in those proceedings, he or she
   59         is entitled to reasonable attorney fees and costs;
   60         creating s. 215.681, F.S.; defining terms; prohibiting
   61         bond 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, beginning on a specified date;
   77         amending s. 280.05, F.S.; requiring the Chief
   78         Financial Officer to verify such attestations;
   79         requiring the Chief Financial Officer to report
   80         materially false attestations to the Attorney General,
   81         who is authorized to bring certain civil and
   82         administrative actions; providing that if the Attorney
   83         General is successful in those proceedings, he or she
   84         is entitled to reasonable attorney fees and costs;
   85         providing construction; authorizing the Chief
   86         Financial Officer to suspend or disqualify a qualified
   87         public depository that no longer meets the definition
   88         of that term; amending s. 280.051, F.S.; adding
   89         grounds for suspension or disqualification of a
   90         qualified public depository; amending s. 280.054,
   91         F.S.; providing that failure to timely file a required
   92         attestation is deemed a knowing and willful violation;
   93         amending s. 280.055, F.S.; adding a circumstance under
   94         which the Chief Financial Officer may issue certain
   95         orders against a qualified public depository; creating
   96         s. 287.05701, F.S.; defining the term “awarding body”;
   97         prohibiting an awarding body from requesting certain
   98         documentation or giving preference to vendors based on
   99         their social, political, or ideological interests;
  100         requiring that solicitations for the procurement of
  101         commodities or contractual services by an awarding
  102         body contain a specified notification, beginning on a
  103         specified date; creating s. 516.037, F.S.; requiring
  104         licensees to make certain determinations based on an
  105         analysis of certain risk factors; prohibiting such
  106         licensees from engaging in unsafe and unsound
  107         practices; providing construction; providing that
  108         certain actions on the part of licensees are an unsafe
  109         and unsound practice; requiring a specified
  110         attestation, under penalty of perjury, from applicants
  111         and licensees, beginning on a specified date;
  112         providing that a failure to comply with specified
  113         requirements or engaging in unsafe and unsound
  114         practices constitutes a violation of the Florida
  115         Deceptive and Unfair Trade Practices Act, subject to
  116         specified sanctions and penalties; providing that only
  117         the enforcing authority can enforce such violations;
  118         providing that an enforcing authority that brings a
  119         successful action for violations is entitled to
  120         reasonable attorney fees and costs; creating s.
  121         560.1115, F.S.; requiring licensees to make
  122         determinations about the provision or denial of
  123         services based on an analysis of certain risk factors;
  124         prohibiting the licensees from engaging in unsafe and
  125         unsound practices; providing construction; providing
  126         that certain actions are an unsafe and unsound
  127         practice; requiring a specified attestation, under
  128         penalty of perjury, from applicants and licensees,
  129         beginning on a specified date; providing that a
  130         failure to comply with specified requirements or
  131         engaging in unsafe and unsound practices constitutes a
  132         violation of the Florida Deceptive and Unfair Trade
  133         Practices Act, subject to specified sanctions and
  134         penalties; providing that only the enforcing authority
  135         can enforce such violations; providing that an
  136         enforcing authority that brings a successful action
  137         for violations is entitled to reasonable attorney fees
  138         and costs; amending s. 560.114, F.S.; revising the
  139         actions that constitute grounds for specified
  140         disciplinary action of a money services business, an
  141         authorized vendor, or an affiliated party; amending s.
  142         655.005, F.S.; revising a definition; creating s.
  143         655.0323, F.S.; requiring financial institutions to
  144         make determinations about the provision or denial of
  145         services based on an analysis of specified risk
  146         factors; prohibiting financial institutions from
  147         engaging in unsafe and unsound practices; providing
  148         construction; providing that certain actions are an
  149         unsafe and unsound practice; requiring a specified
  150         attestation, under penalty of perjury, from financial
  151         institutions annually, beginning on a specified date;
  152         providing that engaging in specified actions or
  153         failing to provide such attestation constitutes a
  154         violation of specified codes, subject to certain
  155         sanctions and penalties; providing that a failure to
  156         comply with specified requirements or engaging in
  157         unsafe and unsound practices constitutes a violation
  158         of the Florida Deceptive and Unfair Trade Practices
  159         Act, subject to specified sanctions and penalties;
  160         providing that only the enforcing authority can
  161         enforce such violations; providing that an enforcing
  162         authority that brings a successful action for
  163         violations is entitled to reasonable attorney fees and
  164         costs; prohibiting certain entities from exercising
  165         specified authority; amending s. 1010.04, F.S.;
  166         prohibiting school districts, Florida College System
  167         institutions, and state universities from requesting
  168         certain documentation from vendors and giving
  169         preference to vendors based on their social,
  170         political, or ideological interests; requiring that
  171         solicitations for purchases or leases include a
  172         specified notice; reenacting s. 17.61(1), F.S.,
  173         relating to powers and duties of the Chief Financial
  174         Officer in the investment of certain funds, to
  175         incorporate the amendment made to s. 17.57, F.S., in
  176         references thereto; reenacting s. 215.44(3), F.S.,
  177         relating to the powers and duties of the Board of
  178         Administration in the investment of trust funds, to
  179         incorporate the amendment made to s. 215.47, F.S., in
  180         a reference thereto; providing an effective date.
  181          
  182  Be It Enacted by the Legislature of the State of Florida:
  183  
  184         Section 1. Subsection (1) of section 17.57, Florida
  185  Statutes, is amended to read:
  186         17.57 Deposits and investments of state money.—
  187         (1)(a)As used in this subsection, the term “pecuniary
  188  factor” means a factor that the Chief Financial Officer, or
  189  other party authorized to invest on his or her behalf, prudently
  190  determines is expected to have a material effect on the risk or
  191  returns of an investment based on appropriate investment
  192  horizons consistent with applicable investment objectives and
  193  funding policy. The term does not include the consideration of
  194  the furtherance of any social, political, or ideological
  195  interests.
  196         (b) The Chief Financial Officer, or other parties with the
  197  permission of the Chief Financial Officer, shall deposit the
  198  money of the state or any money in the State Treasury in such
  199  qualified public depositories of the state as will offer
  200  satisfactory collateral security for such deposits, pursuant to
  201  chapter 280. It is the duty of the Chief Financial Officer,
  202  consistent with the cash requirements of the state, to keep such
  203  money fully invested or deposited as provided herein in order
  204  that the state may realize maximum earnings and benefits.
  205         (c)Notwithstanding any other law except for s. 215.472,
  206  when deciding whether to invest and when investing, the Chief
  207  Financial Officer, or other party authorized to invest on his or
  208  her behalf, must make decisions based solely on pecuniary
  209  factors and may not subordinate the interests of the people of
  210  this state to other objectives, including sacrificing investment
  211  return or undertaking additional investment risk to promote any
  212  nonpecuniary factor. The weight given to any pecuniary factor
  213  must appropriately reflect a prudent assessment of its impact on
  214  risk or returns.
  215         Section 2. Present subsections (4) and (5) of section
  216  20.058, Florida Statutes, are redesignated as subsections (5)
  217  and (6), respectively, and paragraph (g) is added to subsection
  218  (1) and a new subsection (4) is added to that section, to read:
  219         20.058 Citizen support and direct-support organizations.—
  220         (1) By August 1 of each year, a citizen support
  221  organization or direct-support organization created or
  222  authorized pursuant to law or executive order and created,
  223  approved, or administered by an agency, shall submit the
  224  following information to the appropriate agency:
  225         (g)An attestation, under penalty of perjury, stating that
  226  the organization has complied with subsection (4).
  227         (4)(a)As used in this section, the term “pecuniary factor”
  228  means a factor that the citizen support organization or direct
  229  support organization prudently determines is expected to have a
  230  material effect on the risk or returns of an investment based on
  231  appropriate investment horizons consistent with applicable
  232  investment objectives and funding policy. The term does not
  233  include the consideration of the furtherance of any social,
  234  political, or ideological interests.
  235         (b)Notwithstanding any other law, when deciding whether to
  236  invest and when investing funds on behalf of an agency, the
  237  citizen support organization or direct-support organization must
  238  make decisions based solely on pecuniary factors and may not
  239  subordinate the interests of the people of this state to other
  240  objectives, including sacrificing investment return or
  241  undertaking additional investment risk to promote any
  242  nonpecuniary factor. The weight given to any pecuniary factor
  243  must appropriately reflect a prudent assessment of its impact on
  244  risk or returns.
  245         Section 3. Subsection (1) of section 112.656, Florida
  246  Statutes, is amended to read:
  247         112.656 Fiduciary duties; certain officials included as
  248  fiduciaries.—
  249         (1) A fiduciary shall discharge his or her duties with
  250  respect to a plan solely in the interest of the participants and
  251  beneficiaries for the exclusive purpose of providing benefits to
  252  participants and their beneficiaries and defraying reasonable
  253  expenses of administering the plan. Investment decisions must
  254  comply with s. 112.662.
  255         Section 4. Subsection (4) of section 112.661, Florida
  256  Statutes, is amended to read:
  257         112.661 Investment policies.—Investment of the assets of
  258  any local retirement system or plan must be consistent with a
  259  written investment policy adopted by the board. Such policies
  260  shall be structured to maximize the financial return to the
  261  retirement system or plan consistent with the risks incumbent in
  262  each investment and shall be structured to establish and
  263  maintain an appropriate diversification of the retirement system
  264  or plan’s assets.
  265         (4) INVESTMENT AND FIDUCIARY STANDARDS.—The investment
  266  policy shall describe the level of prudence and ethical
  267  standards to be followed by the board in carrying out its
  268  investment activities with respect to funds described in this
  269  section. The board in performing its investment duties shall
  270  comply with the fiduciary standards set forth in the Employee
  271  Retirement Income Security Act of 1974 at 29 U.S.C. s.
  272  1104(a)(1)(A)-(C). Except as provided in s. 112.662, in case of
  273  conflict with other provisions of law authorizing investments,
  274  the investment and fiduciary standards set forth in this section
  275  shall prevail.
  276         Section 5. Section 112.662, Florida Statutes, is created to
  277  read:
  278         112.662Investments; exercising shareholder rights.—
  279         (1)As used in this section, the term “pecuniary factor”
  280  means a factor that the plan administrator, named fiduciary,
  281  board, or board of trustees prudently determines is expected to
  282  have a material effect on the risk or returns of an investment
  283  based on appropriate investment horizons consistent with the
  284  investment objectives and funding policy of the retirement
  285  system or plan. The term does not include the consideration of
  286  the furtherance of any social, political, or ideological
  287  interests.
  288         (2)Notwithstanding any other law, when deciding whether to
  289  invest and when investing the assets of any retirement system or
  290  plan, only pecuniary factors may be considered and the interests
  291  of the participants and beneficiaries of the system or plan may
  292  not be subordinated to other objectives, including sacrificing
  293  investment return or undertaking additional investment risk to
  294  promote any nonpecuniary factor. The weight given to any
  295  pecuniary factor must appropriately reflect a prudent assessment
  296  of its impact on risk or returns.
  297         (3)Notwithstanding any other law, when deciding whether to
  298  exercise shareholder rights or when exercising such rights on
  299  behalf of a retirement system or plan, including the voting of
  300  proxies, only pecuniary factors may be considered and the
  301  interests of the participants and beneficiaries of the system or
  302  plan may not be subordinated to other objectives, including
  303  sacrificing investment return or undertaking additional
  304  investment risk to promote any nonpecuniary factor.
  305         (4)(a)By December 15, 2023, and by December 15 of each
  306  odd-numbered year thereafter, each retirement system or plan
  307  shall file a comprehensive report detailing and reviewing the
  308  governance policies concerning decisionmaking in vote decisions
  309  and adherence to the fiduciary standards required of such
  310  retirement system or plan under this section, including the
  311  exercise of shareholder rights.
  312         1.The State Board of Administration, on behalf of the
  313  Florida Retirement System, shall submit its report to the
  314  Governor, the Attorney General, the Chief Financial Officer, the
  315  President of the Senate, and the Speaker of the House of
  316  Representatives.
  317         2.All other retirement systems or plans shall submit their
  318  reports to the Department of Management Services.
  319         (b)By January 15, 2024, and by January 15 of each even
  320  numbered year thereafter, the Department of Management Services
  321  shall submit a summary report to the Governor, the Attorney
  322  General, the Chief Financial Officer, the President of the
  323  Senate, and the Speaker of the House of Representatives that
  324  includes a summary of the reports submitted under paragraph (a)
  325  and identifies any relevant trends among such systems and plans.
  326         (c)The Department of Management Services shall report
  327  incidents of noncompliance to the Attorney General, who may
  328  institute proceedings to enjoin any person found violating this
  329  section. If such action is successful, the Attorney General is
  330  entitled to reasonable attorney fees and costs.
  331         (d)The Department of Management Services shall adopt rules
  332  to implement this subsection.
  333         (5)This section does not apply to individual member
  334  directed investment accounts established as part of a defined
  335  contribution plan under s. 401(a), s. 403(b), or s. 457 of the
  336  Internal Revenue Code.
  337         Section 6. Subsection (1) of section 175.071, Florida
  338  Statutes, is amended to read:
  339         175.071 General powers and duties of board of trustees.—For
  340  any municipality, special fire control district, chapter plan,
  341  local law municipality, local law special fire control district,
  342  or local law plan under this chapter:
  343         (1) The board of trustees, subject to the fiduciary
  344  standards in ss. 112.656, 112.661, and 518.11, and the Code of
  345  Ethics in ss. 112.311-112.3187, and the requirements in s.
  346  112.662, may:
  347         (a) Invest and reinvest the assets of the firefighters’
  348  pension trust fund in annuity and life insurance contracts of
  349  life insurance companies in amounts sufficient to provide, in
  350  whole or in part, the benefits to which all of the participants
  351  in the firefighters’ pension trust fund are entitled under this
  352  chapter and pay the initial and subsequent premiums thereon.
  353         (b) Invest and reinvest the assets of the firefighters’
  354  pension trust fund in:
  355         1. Time or savings accounts of a national bank, a state
  356  bank insured by the Bank Insurance Fund, or a savings, building,
  357  and loan association insured by the Savings Association
  358  Insurance Fund administered by the Federal Deposit Insurance
  359  Corporation or a state or federal chartered credit union whose
  360  share accounts are insured by the National Credit Union Share
  361  Insurance Fund.
  362         2. Obligations of the United States or obligations
  363  guaranteed as to principal and interest by the government of the
  364  United States.
  365         3. Bonds issued by the State of Israel.
  366         4. Bonds, stocks, or other evidences of indebtedness issued
  367  or guaranteed by a corporation organized under the laws of the
  368  United States, any state or organized territory of the United
  369  States, or the District of Columbia, if:
  370         a. The corporation is listed on any one or more of the
  371  recognized national stock exchanges or on the National Market
  372  System of the NASDAQ Stock Market and, in the case of bonds
  373  only, holds a rating in one of the three highest classifications
  374  by a major rating service; and
  375         b. The board of trustees may not invest more than 5 percent
  376  of its assets in the common stock or capital stock of any one
  377  issuing company, nor may the aggregate investment in any one
  378  issuing company exceed 5 percent of the outstanding capital
  379  stock of that company or the aggregate of its investments under
  380  this subparagraph at cost exceed 50 percent of the assets of the
  381  fund.
  382  
  383  This paragraph applies to all boards of trustees and
  384  participants. However, if a municipality or special fire control
  385  district has a duly enacted pension plan pursuant to, and in
  386  compliance with, s. 175.351, and the trustees desire to vary the
  387  investment procedures, the trustees of such plan must request a
  388  variance of the investment procedures as outlined herein only
  389  through a municipal ordinance, special act of the Legislature,
  390  or resolution by the governing body of the special fire control
  391  district; if a special act, or a municipality by ordinance
  392  adopted before July 1, 1998, permits a greater than 50-percent
  393  equity investment, such municipality is not required to comply
  394  with the aggregate equity investment provisions of this
  395  paragraph. Notwithstanding any other provision of law, this
  396  section may not be construed to take away any preexisting legal
  397  authority to make equity investments that exceed the
  398  requirements of this paragraph. Notwithstanding any other
  399  provision of law, the board of trustees may invest up to 25
  400  percent of plan assets in foreign securities on a market-value
  401  basis. The investment cap on foreign securities may not be
  402  revised, amended, increased, or repealed except as provided by
  403  general law.
  404         (c) Issue drafts upon the firefighters’ pension trust fund
  405  pursuant to this act and rules prescribed by the board of
  406  trustees. All such drafts must be consecutively numbered, be
  407  signed by the chair and secretary, or by two individuals
  408  designated by the board who are subject to the same fiduciary
  409  standards as the board of trustees under this subsection, and
  410  state upon their faces the purpose for which the drafts are
  411  drawn. The treasurer or depository of each municipality or
  412  special fire control district shall retain such drafts when
  413  paid, as permanent vouchers for disbursements made, and no money
  414  may be otherwise drawn from the fund.
  415         (d) Convert into cash any securities of the fund.
  416         (e) Keep a complete record of all receipts and
  417  disbursements and the board’s acts and proceedings.
  418         Section 7. Subsection (1) of section 185.06, Florida
  419  Statutes, is amended to read:
  420         185.06 General powers and duties of board of trustees.—For
  421  any municipality, chapter plan, local law municipality, or local
  422  law plan under this chapter:
  423         (1) The board of trustees, subject to the fiduciary
  424  standards in ss. 112.656, 112.661, and 518.11, and the Code of
  425  Ethics in ss. 112.311-112.3187, and the requirements in s.
  426  112.662, may:
  427         (a) Invest and reinvest the assets of the retirement trust
  428  fund in annuity and life insurance contracts of life insurance
  429  companies in amounts sufficient to provide, in whole or in part,
  430  the benefits to which all of the participants in the municipal
  431  police officers’ retirement trust fund are entitled under this
  432  chapter, and pay the initial and subsequent premiums thereon.
  433         (b) Invest and reinvest the assets of the retirement trust
  434  fund in:
  435         1. Time or savings accounts of a national bank, a state
  436  bank insured by the Bank Insurance Fund, or a savings and loan
  437  association insured by the Savings Association Insurance Fund
  438  administered by the Federal Deposit Insurance Corporation or a
  439  state or federal chartered credit union whose share accounts are
  440  insured by the National Credit Union Share Insurance Fund.
  441         2. Obligations of the United States or obligations
  442  guaranteed as to principal and interest by the United States.
  443         3. Bonds issued by the State of Israel.
  444         4. Bonds, stocks, or other evidences of indebtedness issued
  445  or guaranteed by a corporation organized under the laws of the
  446  United States, any state or organized territory of the United
  447  States, or the District of Columbia, provided:
  448         a. The corporation is listed on any one or more of the
  449  recognized national stock exchanges or on the National Market
  450  System of the NASDAQ Stock Market and, in the case of bonds
  451  only, holds a rating in one of the three highest classifications
  452  by a major rating service; and
  453         b. The board of trustees may not invest more than 5 percent
  454  of its assets in the common stock or capital stock of any one
  455  issuing company, nor shall the aggregate investment in any one
  456  issuing company exceed 5 percent of the outstanding capital
  457  stock of the company or the aggregate of its investments under
  458  this subparagraph at cost exceed 50 percent of the fund’s
  459  assets.
  460  
  461  This paragraph applies to all boards of trustees and
  462  participants. However, if a municipality has a duly enacted
  463  pension plan pursuant to, and in compliance with, s. 185.35 and
  464  the trustees desire to vary the investment procedures, the
  465  trustees of such plan shall request a variance of the investment
  466  procedures as outlined herein only through a municipal ordinance
  467  or special act of the Legislature; if a special act, or a
  468  municipality by ordinance adopted before July 1, 1998, permits a
  469  greater than 50-percent equity investment, such municipality is
  470  not required to comply with the aggregate equity investment
  471  provisions of this paragraph. Notwithstanding any other
  472  provision of law, this section may not be construed to take away
  473  any preexisting legal authority to make equity investments that
  474  exceed the requirements of this paragraph. Notwithstanding any
  475  other provision of law, the board of trustees may invest up to
  476  25 percent of plan assets in foreign securities on a market
  477  value basis. The investment cap on foreign securities may not be
  478  revised, amended, repealed, or increased except as provided by
  479  general law.
  480         (c) Issue drafts upon the municipal police officers’
  481  retirement trust fund pursuant to this act and rules prescribed
  482  by the board of trustees. All such drafts shall be consecutively
  483  numbered, be signed by the chair and secretary or by two
  484  individuals designated by the board who are subject to the same
  485  fiduciary standards as the board of trustees under this
  486  subsection, and state upon their faces the purposes for which
  487  the drafts are drawn. The city treasurer or other depository
  488  shall retain such drafts when paid, as permanent vouchers for
  489  disbursements made, and no money may otherwise be drawn from the
  490  fund.
  491         (d) Finally decide all claims to relief under the board’s
  492  rules and regulations and pursuant to the provisions of this
  493  act.
  494         (e) Convert into cash any securities of the fund.
  495         (f) Keep a complete record of all receipts and
  496  disbursements and of the board’s acts and proceedings.
  497         Section 8. Subsection (10) of section 215.47, Florida
  498  Statutes, is amended to read:
  499         215.47 Investments; authorized securities; loan of
  500  securities.—Subject to the limitations and conditions of the
  501  State Constitution or of the trust agreement relating to a trust
  502  fund, moneys available for investments under ss. 215.44-215.53
  503  may be invested as follows:
  504         (10)(a)As used in this subsection, the term “pecuniary
  505  factor” means a factor that the State Board of Administration
  506  prudently determines is expected to have a material effect on
  507  the risk or returns of an investment based on appropriate
  508  investment horizons consistent with applicable investment
  509  objectives and funding policy. The term does not include the
  510  consideration of the furtherance of any social, political, or
  511  ideological interests.
  512         (b)Notwithstanding any other law except for ss. 215.471,
  513  215.4725, and 215.473, when deciding whether to invest and when
  514  investing the assets of any fund, the State Board of
  515  Administration must make decisions based solely on pecuniary
  516  factors and may not subordinate the interests of the
  517  participants and beneficiaries of the fund to other objectives,
  518  including sacrificing investment return or undertaking
  519  additional investment risk to promote any nonpecuniary factor.
  520  The weight given to any pecuniary factor must appropriately
  521  reflect a prudent assessment of its impact on risk or returns.
  522         (c) Investments made by the State Board of Administration
  523  shall be designed to maximize the financial return to the fund
  524  consistent with the risks incumbent in each investment and shall
  525  be designed to preserve an appropriate diversification of the
  526  portfolio. The board shall discharge its duties with respect to
  527  a plan solely in the interest of its participants and
  528  beneficiaries. The board in performing the above investment
  529  duties shall comply with the fiduciary standards set forth in
  530  the Employee Retirement Income Security Act of 1974 at 29 U.S.C.
  531  s. 1104(a)(1)(A) through (C). Except as provided in paragraph
  532  (b), in case of conflict with other provisions of law
  533  authorizing investments, the investment and fiduciary standards
  534  set forth in this paragraph subsection shall prevail.
  535         Section 9. Subsection (1) of section 215.475, Florida
  536  Statutes, is amended to read:
  537         215.475 Investment policy statement.—
  538         (1) In making investments for the System Trust Fund
  539  pursuant to ss. 215.44-215.53, the board shall make no
  540  investment which is not in conformance with the Florida
  541  Retirement System Defined Benefit Plan Investment Policy
  542  Statement, hereinafter referred to as “the IPS,” as developed by
  543  the executive director and approved by the board. The IPS must
  544  comply with s. 215.47(10) and include, among other items, the
  545  investment objectives of the System Trust Fund; permitted types
  546  of securities in which the board may invest; and evaluation
  547  criteria necessary to measure the investment performance of the
  548  fund. As required from time to time, the executive director of
  549  the board may present recommended changes in the IPS to the
  550  board for approval.
  551         Section 10. Present paragraphs (b), (c), and (d) of
  552  subsection (1) of section 215.4755, Florida Statutes, are
  553  redesignated as paragraphs (c), (d), and (e), respectively, a
  554  new paragraph (b) is added to that subsection, and subsection
  555  (3) of that section is amended, to read:
  556         215.4755 Certification and disclosure requirements for
  557  investment advisers and managers.—
  558         (1) An investment adviser or manager who has discretionary
  559  investment authority for direct holdings and who is retained as
  560  provided in s. 215.44(2)(b) shall agree pursuant to contract to
  561  annually certify in writing to the board that:
  562         (b)All investment decisions made on behalf of the trust
  563  funds and the board are made based solely on pecuniary factors
  564  as defined in s. 215.47(10)(a) and do not subordinate the
  565  interests of the participants and beneficiaries of the funds to
  566  other objectives, including sacrificing investment return or
  567  undertaking additional investment risk to promote any
  568  nonpecuniary factor. This paragraph applies to any contract
  569  executed, amended, or renewed on or after July 1, 2023.
  570         (3)(a) An investment adviser or manager certification
  571  required under subsection (1) must shall be provided by each
  572  annually, no later than January 31, for the reporting period of
  573  the previous calendar year on a form prescribed by the board.
  574         (b)Failure to timely file the certification required under
  575  subsection (1) is grounds for termination of any contract
  576  between the board and the investment advisor or manager.
  577         (c)Submission of a materially false certification is
  578  deemed a willful refusal to comply with the fiduciary standard
  579  described in paragraph (1)(b).
  580         (d)If an investment advisor or manager fails to comply
  581  with the fiduciary standard described in paragraph (1)(b) while
  582  providing services to the board, the board must report such
  583  noncompliance to the Attorney General, who may bring a civil or
  584  administrative action for damages, injunctive relief, and such
  585  other relief as may be appropriate. If such action is
  586  successful, the Attorney General is entitled to reasonable
  587  attorney fees and costs.
  588         Section 11. Section 215.681, Florida Statutes, is created
  589  to read:
  590         215.681ESG bonds; prohibitions.—
  591         (1)As used in this section, the term:
  592         (a)“Bonds” means any note, general obligation bond,
  593  revenue bond, special assessment bond, special obligation bond,
  594  private activity bond, certificate of participation, or other
  595  evidence of indebtedness or obligation, in either temporary or
  596  definitive form.
  597         (b)“ESG” means environmental, social, and governance.
  598         (c)“ESG bonds” means any bonds that have been designated
  599  or labeled as bonds that will be used to finance a project with
  600  an ESG purpose, including, but not limited to, green bonds,
  601  Certified Climate Bonds, GreenStar designated bonds, and other
  602  environmental bonds marketed as promoting a generalized or
  603  global environmental objective; social bonds marketed as
  604  promoting a social objective; and sustainability bonds and
  605  sustainable development goal bonds marketed as promoting both
  606  environmental and social objectives. The term includes those
  607  bonds self-designated by the issuer as ESG-labeled bonds and
  608  those designated as ESG-labeled bonds by a third-party verifier.
  609         (d)“Issuer” means the division, acting on behalf of any
  610  entity; any local government, educational entity, or entity of
  611  higher education as defined in s. 215.89(2)(c), (d), and (e),
  612  respectively, or other political subdivision granted the power
  613  to issue bonds; any public body corporate and politic authorized
  614  or created by general or special law and granted the power to
  615  issue bonds, including, but not limited to, a water and sewer
  616  district created under chapter 153, a health facilities
  617  authority as defined in s. 154.205, an industrial development
  618  authority created under chapter 159, a housing financing
  619  authority as defined in s. 159.603(3), a research and
  620  development authority as defined in s. 159.702(1)(c), a legal or
  621  administrative entity created by interlocal agreement pursuant
  622  to s. 163.01(7), a community redevelopment agency as defined in
  623  s. 163.340(1), a regional transportation authority created under
  624  chapter 163, a community development district as defined in s.
  625  190.003, an educational facilities authority as defined in s.
  626  243.52(1), the Higher Educational Facilities Financing Authority
  627  created under s. 243.53, the Florida Development Finance
  628  Corporation created under s. 288.9604, a port district or port
  629  authority as defined in s. 315.02(1) and (2), respectively, the
  630  South Florida Regional Transportation Authority created under s.
  631  343.53, the Central Florida Regional Transportation Authority
  632  created under s. 343.63, the Tampa Bay Area Regional Transit
  633  Authority created under s. 343.92, the Greater Miami Expressway
  634  Agency created under s. 348.0304, the Tampa-Hillsborough County
  635  Expressway Authority created under s. 348.52, the Central
  636  Florida Expressway Authority created under s. 348.753, the
  637  Jacksonville Transportation Authority created under s. 349.03,
  638  and the Florida Housing Finance Corporation created under s.
  639  420.504.
  640         (e)“Rating agency” means any nationally recognized rating
  641  service or nationally recognized statistical rating
  642  organization.
  643         (f)“Third-party verifier” means any entity that contracts
  644  with an issuer to conduct an external review and independent
  645  assessment of proposed ESG bonds to ensure that such bonds may
  646  be designated or labeled as ESG bonds or will be used to finance
  647  a project that will comply with applicable ESG standards.
  648         (2)Notwithstanding any other provision of law relating to
  649  the issuance of bonds, it is a violation of this section and it
  650  is prohibited for any issuer to:
  651         (a)Issue ESG bonds.
  652         (b)Expend public funds as defined in s. 215.85(3) or use
  653  moneys derived from the issuance of bonds to pay for the
  654  services of a third-party verifier related to the designation or
  655  labeling of bonds as ESG bonds, including, but not limited to,
  656  certifying or verifying that bonds may be designated or labeled
  657  as ESG bonds, rendering a second-party opinion or producing a
  658  verifier’s report as to the compliance of proposed ESG bonds
  659  with applicable ESG standards and metrics, complying with post
  660  issuance reporting obligations, or other services that are only
  661  provided due to the designation or labeling of bonds as ESG
  662  bonds.
  663         (c)Enter into a contract with any rating agency whose ESG
  664  scores for such issuer will have a direct, negative impact on
  665  the issuer’s bond ratings.
  666         (3)Notwithstanding s. 655.0323, a financial institution as
  667  defined in s. 655.005(1) may purchase and underwrite bonds
  668  issued by a governmental entity.
  669         (4)This section does not apply to any bonds issued before
  670  July 1, 2023, or to any agreement entered into or any contract
  671  executed before July 1, 2023.
  672         Section 12. Section 215.855, Florida Statutes, is created
  673  to read:
  674         215.855Investment manager external communication.—
  675         (1)As used in this section, the term:
  676         (a)“Governmental entity” means a state, regional, county,
  677  municipal, special district, or other political subdivision
  678  whether executive, judicial, or legislative, including, but not
  679  limited to, a department, division, board, bureau, commission,
  680  authority, district, or agency thereof, or a public school,
  681  Florida College System institution, state university, or
  682  associated board.
  683         (b)“Investment manager” means a private sector company
  684  that offers one or more investment products or services to a
  685  governmental entity and that has the discretionary investment
  686  authority for direct holdings.
  687         (c)“Public funds” means all moneys under the jurisdiction
  688  of a governmental entity and includes all manner of pension and
  689  retirement funds and all other funds held, as trust funds or
  690  otherwise, for any public purpose, subject to investment.
  691         (2)Any contract between a governmental entity and an
  692  investment manager must contain the following provisions:
  693         (a)That any written communication made by the investment
  694  manager to a company in which such manager invests public funds
  695  on behalf of a governmental entity must include the following
  696  disclaimer in a conspicuous location if such communication
  697  discusses social, political, or ideological interests;
  698  subordinates the interests of the company’s shareholders to the
  699  interest of another entity; or advocates for the interest of an
  700  entity other than the company’s shareholders:
  701  
  702  The views and opinions expressed in this communication are those
  703  of the sender and do not reflect the views and opinions of the
  704  people of the State of Florida.
  705  
  706         (b)That the contract may be unilaterally terminated at the
  707  option of the governmental entity if the investment manager does
  708  not include the disclaimer required in paragraph (a).
  709         (3)This section applies to contracts between a
  710  governmental entity and an investment manager executed, amended,
  711  or renewed on or after July 1, 2023.
  712         Section 13. Subsection (24) is added to section 218.415,
  713  Florida Statutes, to read:
  714         218.415 Local government investment policies.—Investment
  715  activity by a unit of local government must be consistent with a
  716  written investment plan adopted by the governing body, or in the
  717  absence of the existence of a governing body, the respective
  718  principal officer of the unit of local government and maintained
  719  by the unit of local government or, in the alternative, such
  720  activity must be conducted in accordance with subsection (17).
  721  Any such unit of local government shall have an investment
  722  policy for any public funds in excess of the amounts needed to
  723  meet current expenses as provided in subsections (1)-(16), or
  724  shall meet the alternative investment guidelines contained in
  725  subsection (17). Such policies shall be structured to place the
  726  highest priority on the safety of principal and liquidity of
  727  funds. The optimization of investment returns shall be secondary
  728  to the requirements for safety and liquidity. Each unit of local
  729  government shall adopt policies that are commensurate with the
  730  nature and size of the public funds within its custody.
  731         (24)INVESTMENT DECISIONS.—
  732         (a)As used in this subsection, the term “pecuniary factor”
  733  means a factor that the governing body of the unit of local
  734  government, or in the absence of the existence of a governing
  735  body, the respective principal officer of the unit of local
  736  government, prudently determines is expected to have a material
  737  effect on the risk or returns of an investment based on
  738  appropriate investment horizons consistent with applicable
  739  investment objectives and funding policy. The term does not
  740  include the consideration of the furtherance of any social,
  741  political, or ideological interests.
  742         (b)Notwithstanding any other law, when deciding whether to
  743  invest and when investing public funds pursuant to this section,
  744  the unit of local government must make decisions based solely on
  745  pecuniary factors and may not subordinate the interests of the
  746  people of this state to other objectives, including sacrificing
  747  investment return or undertaking additional investment risk to
  748  promote any nonpecuniary factor. The weight given to any
  749  pecuniary factor must appropriately reflect a prudent assessment
  750  of its impact on risk or returns.
  751         Section 14. Present paragraphs (e) and (f) of subsection
  752  (26) of section 280.02, Florida Statutes, are redesignated as
  753  paragraphs (g) and (h), respectively, and new paragraphs (e) and
  754  (f) are added to that subsection, to read:
  755         280.02 Definitions.—As used in this chapter, the term:
  756         (26) “Qualified public depository” means a bank, savings
  757  bank, or savings association that:
  758         (e)Makes determinations about the provision of services or
  759  the denial of services based on an analysis of risk factors
  760  unique to each customer or member. This paragraph does not
  761  restrict a qualified public depository that claims a religious
  762  purpose from making such determinations based on the religious
  763  beliefs, religious exercise, or religious affiliations of a
  764  customer or member.
  765         (f)Does not engage in the unsafe and unsound practice of
  766  denying or canceling its services to a person, or otherwise
  767  discriminating against a person in making available such
  768  services or in the terms or conditions of such services, on the
  769  basis of:
  770         1.The person’s political opinions, speech, or
  771  affiliations;
  772         2.Except as provided in paragraph (e), the person’s
  773  religious beliefs, religious exercise, or religious
  774  affiliations;
  775         3.Any factor if it is not a quantitative, impartial, and
  776  risk-based standard, including any such factor related to the
  777  person’s business sector; or
  778         4.The use of any rating, scoring, analysis, tabulation, or
  779  action that considers a social credit score based on factors
  780  including, but not limited to:
  781         a.The person’s political opinions, speech, or
  782  affiliations.
  783         b.The person’s religious beliefs, religious exercise, or
  784  religious affiliations.
  785         c.The person’s lawful ownership of a firearm.
  786         d.The person’s engagement in the lawful manufacture,
  787  distribution, sale, purchase, or use of firearms or ammunition.
  788         e.The person’s engagement in the exploration, production,
  789  utilization, transportation, sale, or manufacture of fossil
  790  fuel-based energy, timber, mining, or agriculture.
  791         f.The person’s support of the state or Federal Government
  792  in combatting illegal immigration, drug trafficking, or human
  793  trafficking.
  794         g.The person’s engagement with, facilitation of,
  795  employment by, support of, business relationship with,
  796  representation of, or advocacy for any person described in this
  797  subparagraph.
  798         h.The person’s failure to meet or commit to meet, or
  799  expected failure to meet, any of the following as long as such
  800  person is in compliance with applicable state or federal law:
  801         (I)Environmental standards, including emissions standards,
  802  benchmarks, requirements, or disclosures;
  803         (II)Social governance standards, benchmarks, or
  804  requirements, including, but not limited to, environmental or
  805  social justice;
  806         (III)Corporate board or company employment composition
  807  standards, benchmarks, requirements, or disclosures based on
  808  characteristics protected under the Florida Civil Rights Act of
  809  1992; or
  810         (IV)Policies or procedures requiring or encouraging
  811  employee participation in social justice programming, including,
  812  but not limited to, diversity, equity, or inclusion training.
  813         Section 15. Section 280.025, Florida Statutes, is created
  814  to read:
  815         280.025Attestation required.—
  816         (1)Beginning July 1, 2023, the following entities must
  817  attest, under penalty of perjury, on a form prescribed by the
  818  Chief Financial Officer, whether the entity is in compliance
  819  with s. 280.02(26)(e) and (f):
  820         (a)A bank, savings bank, or savings association, upon
  821  application or reapplication for designation as a qualified
  822  public depository.
  823         (b)A qualified public depository, upon filing the report
  824  required by s. 280.16(1)(d).
  825         (2)If an application or reapplication for designation as a
  826  qualified public depository is pending on July 1, 2023, the
  827  bank, savings bank, or savings association must file the
  828  attestation required under subsection (1) before being
  829  designated or redesignated a qualified public depository.
  830         Section 16. Paragraph (d) of subsection (13) and subsection
  831  (17) of section 280.05, Florida Statutes, are amended to read:
  832         280.05 Powers and duties of the Chief Financial Officer.—In
  833  fulfilling the requirements of this act, the Chief Financial
  834  Officer has the power to take the following actions he or she
  835  deems necessary to protect the integrity of the public deposits
  836  program:
  837         (13) Require the filing of the following reports, which the
  838  Chief Financial Officer shall process as provided:
  839         (d)1. Any related documents, reports, records, or other
  840  information deemed necessary by the Chief Financial Officer in
  841  order to ascertain compliance with this chapter, including, but
  842  not limited to, verifying the attestation required under s.
  843  280.025.
  844         2.If the Chief Financial Officer determines that the
  845  attestation required under s. 280.025 is materially false, he or
  846  she must report such determination to the Attorney General, who
  847  may bring a civil or administrative action for damages,
  848  injunctive relief, and such other relief as may be appropriate.
  849  If such action is successful, the Attorney General is entitled
  850  to reasonable attorney fees and costs.
  851         3.As related to federally chartered financial
  852  institutions, this paragraph may not be construed to create a
  853  power exceeding the visitorial powers of the Chief Financial
  854  Officer allowed under federal law.
  855         (17) Suspend or disqualify or disqualify after suspension
  856  any qualified public depository that has violated any of the
  857  provisions of this chapter or of rules adopted hereunder or that
  858  no longer meets the definition of a qualified public depository
  859  under s. 280.02.
  860         (a) Any qualified public depository that is suspended or
  861  disqualified pursuant to this subsection is subject to the
  862  provisions of s. 280.11(2) governing withdrawal from the public
  863  deposits program and return of pledged collateral. Any
  864  suspension shall not exceed a period of 6 months. Any qualified
  865  public depository which has been disqualified may not reapply
  866  for qualification until after the expiration of 1 year from the
  867  date of the final order of disqualification or the final
  868  disposition of any appeal taken therefrom.
  869         (b) In lieu of suspension or disqualification, impose an
  870  administrative penalty upon the qualified public depository as
  871  provided in s. 280.054.
  872         (c) If the Chief Financial Officer has reason to believe
  873  that any qualified public depository or any other financial
  874  institution holding public deposits is or has been violating any
  875  of the provisions of this chapter or of rules adopted hereunder
  876  or no longer meets the definition of a qualified public
  877  depository under s. 280.02, he or she may issue to the qualified
  878  public depository or other financial institution an order to
  879  cease and desist from the violation or to correct the condition
  880  giving rise to or resulting from the violation. If any qualified
  881  public depository or other financial institution violates a
  882  cease-and-desist or corrective order, the Chief Financial
  883  Officer may impose an administrative penalty upon the qualified
  884  public depository or other financial institution as provided in
  885  s. 280.054 or s. 280.055. In addition to the administrative
  886  penalty, the Chief Financial Officer may suspend or disqualify
  887  any qualified public depository for violation of any order
  888  issued pursuant to this paragraph.
  889         Section 17. Subsections (14) and (15) are added to section
  890  280.051, Florida Statutes, to read:
  891         280.051 Grounds for suspension or disqualification of a
  892  qualified public depository.—A qualified public depository may
  893  be suspended or disqualified or both if the Chief Financial
  894  Officer determines that the qualified public depository has:
  895         (14)Failed to file the attestation required under s.
  896  280.025.
  897         (15)No longer meets the definition of a qualified public
  898  depository under s. 280.02.
  899         Section 18. Paragraph (b) of subsection (1) of section
  900  280.054, Florida Statutes, is amended to read:
  901         280.054 Administrative penalty in lieu of suspension or
  902  disqualification.—
  903         (1) If the Chief Financial Officer finds that one or more
  904  grounds exist for the suspension or disqualification of a
  905  qualified public depository, the Chief Financial Officer may, in
  906  lieu of suspension or disqualification, impose an administrative
  907  penalty upon the qualified public depository.
  908         (b) With respect to any knowing and willful violation of a
  909  lawful order or rule, the Chief Financial Officer may impose a
  910  penalty upon the qualified public depository in an amount not
  911  exceeding $1,000 for each violation. If restitution is due, the
  912  qualified public depository shall make restitution upon the
  913  order of the Chief Financial Officer and shall pay interest on
  914  such amount at the legal rate. Each day a violation continues
  915  constitutes a separate violation. Failure to timely file the
  916  attestation required under s. 280.025 is deemed a knowing and
  917  willful violation.
  918         Section 19. Paragraphs (e) and (f) of subsection (1) of
  919  section 280.055, Florida Statutes, are amended, and paragraph
  920  (g) is added to that subsection, to read:
  921         280.055 Cease and desist order; corrective order;
  922  administrative penalty.—
  923         (1) The Chief Financial Officer may issue a cease and
  924  desist order and a corrective order upon determining that:
  925         (e) A qualified public depository or a custodian has not
  926  furnished to the Chief Financial Officer, when the Chief
  927  Financial Officer requested, a power of attorney or bond power
  928  or bond assignment form required by the bond agent or bond
  929  trustee for each issue of registered certificated securities
  930  pledged and registered in the name, or nominee name, of the
  931  qualified public depository or custodian; or
  932         (f) A qualified public depository; a bank, savings
  933  association, or other financial institution; or a custodian has
  934  committed any other violation of this chapter or any rule
  935  adopted pursuant to this chapter that the Chief Financial
  936  Officer determines may be remedied by a cease and desist order
  937  or corrective order; or
  938         (g)A qualified public depository no longer meets the
  939  definition of a qualified public depository under s. 280.02.
  940         Section 20. Section 287.05701, Florida Statutes, is created
  941  to read:
  942         287.05701Prohibition against considering social,
  943  political, or ideological interests in government contracting.—
  944         (1)As used in this section, the term “awarding body”
  945  means:
  946         (a)For state contracts, an agency or the department.
  947         (b)For local government contracts, the governing body of a
  948  county, a municipality, a special district, or any other
  949  political subdivision of the state.
  950         (2)(a)An awarding body may not request documentation of or
  951  consider a vendor’s social, political, or ideological interests
  952  when determining if the vendor is a responsible vendor.
  953         (b)An awarding body may not give preference to a vendor
  954  based on the vendor’s social, political, or ideological
  955  interests.
  956         (3)Beginning July 1, 2023, any solicitation for the
  957  procurement of commodities or contractual services by an
  958  awarding body must include a provision notifying vendors of the
  959  provisions of this section.
  960         Section 21. Section 516.037, Florida Statutes, is created
  961  to read:
  962         516.037Unsafe and unsound practices.—
  963         (1)Licensees must make determinations about the provision
  964  or denial of services based on an analysis of risk factors
  965  unique to each current or prospective customer and may not
  966  engage in an unsafe and unsound practice as provided in
  967  subsection (2). This subsection does not restrict a licensee
  968  that claims a religious purpose from making such determinations
  969  based on the current or prospective customer’s religious
  970  beliefs, religious exercise, or religious affiliations.
  971         (2)It is an unsafe and unsound practice for a licensee to
  972  deny or cancel its services to a person, or to otherwise
  973  discriminate against a person in making available such services
  974  or in the terms or conditions of such services, on the basis of:
  975         (a)The person’s political opinions, speech, or
  976  affiliations;
  977         (b)Except as provided in subsection (1), the person’s
  978  religious beliefs, religious exercise, or religious
  979  affiliations;
  980         (c)Any factor if it is not a quantitative, impartial, and
  981  risk-based standard, including any such factor related to the
  982  person’s business sector; or
  983         (d)The use of any rating, scoring, analysis, tabulation,
  984  or action that considers a social credit score based on factors
  985  including, but not limited to:
  986         1.The person’s political opinions, speech, or
  987  affiliations.
  988         2.The person’s religious beliefs, religious exercise, or
  989  religious affiliations.
  990         3.The person’s lawful ownership of a firearm.
  991         4.The person’s engagement in the lawful manufacture,
  992  distribution, sale, purchase, or use of firearms or ammunition.
  993         5.The person’s engagement in the exploration, production,
  994  utilization, transportation, sale, or manufacture of fossil
  995  fuel-based energy, timber, mining, or agriculture.
  996         6.The person’s support of the state or Federal Government
  997  in combatting illegal immigration, drug trafficking, or human
  998  trafficking.
  999         7.The person’s engagement with, facilitation of,
 1000  employment by, support of, business relationship with,
 1001  representation of, or advocacy for any person described in this
 1002  paragraph.
 1003         8.The person’s failure to meet or commit to meet, or
 1004  expected failure to meet, any of the following as long as such
 1005  person is in compliance with applicable state or federal law:
 1006         a.Environmental standards, including emissions standards,
 1007  benchmarks, requirements, or disclosures;
 1008         b.Social governance standards, benchmarks, or
 1009  requirements, including, but not limited to, environmental or
 1010  social justice;
 1011         c.Corporate board or company employment composition
 1012  standards, benchmarks, requirements, or disclosures based on
 1013  characteristics protected under the Florida Civil Rights Act of
 1014  1992; or
 1015         d.Policies or procedures requiring or encouraging employee
 1016  participation in social justice programming, including, but not
 1017  limited to, diversity, equity, or inclusion training.
 1018         (3)Beginning July 1, 2023, and upon application for a
 1019  license or license renewal, applicants and licensees must
 1020  attest, under penalty of perjury, on a form prescribed by the
 1021  commission whether the applicant or licensee is acting in
 1022  compliance with subsections (1) and (2).
 1023         (4)In addition to any sanctions and penalties under this
 1024  chapter, a failure to comply with subsection (1) or engaging in
 1025  a practice described in subsection (2) constitutes a violation
 1026  of the Florida Deceptive and Unfair Trade Practices Act under
 1027  part II of chapter 501. Notwithstanding s. 501.211, violations
 1028  must be enforced only by the enforcing authority, as defined in
 1029  s. 501.203(2), and subject the violator to the sanctions and
 1030  penalties provided for in that part. If such action is
 1031  successful, the enforcing authority is entitled to reasonable
 1032  attorney fees and costs.
 1033         Section 22. Section 560.1115, Florida Statutes, is created
 1034  to read:
 1035         560.1115Unsafe and unsound practices.—
 1036         (1)Licensees must make determinations about the provision
 1037  or denial of services based on an analysis of risk factors
 1038  unique to each current or prospective customer and may not
 1039  engage in an unsafe and unsound practice as provided in
 1040  subsection (2). This subsection does not restrict a licensee
 1041  that claims a religious purpose from making such determinations
 1042  based on the current or prospective customer’s religious
 1043  beliefs, religious exercise, or religious affiliations.
 1044         (2)It is an unsafe and unsound practice for a licensee to
 1045  deny or cancel its services to a person, or to otherwise
 1046  discriminate against a person in making available such services
 1047  or in the terms or conditions of such services, on the basis of:
 1048         (a)The person’s political opinions, speech, or
 1049  affiliations;
 1050         (b)Except as provided in subsection (1), the person’s
 1051  religious beliefs, religious exercise, or religious
 1052  affiliations;
 1053         (c)Any factor if it is not a quantitative, impartial, and
 1054  risk-based standard, including any such factor related to the
 1055  person’s business sector; or
 1056         (d)The use of any rating, scoring, analysis, tabulation,
 1057  or action that considers a social credit score based on factors
 1058  including, but not limited to:
 1059         1.The person’s political opinions, speech, or
 1060  affiliations.
 1061         2.The person’s religious beliefs, religious exercise, or
 1062  religious affiliations.
 1063         3.The person’s lawful ownership of a firearm.
 1064         4.The person’s engagement in the lawful manufacture,
 1065  distribution, sale, purchase, or use of firearms or ammunition.
 1066         5.The person’s engagement in the exploration, production,
 1067  utilization, transportation, sale, or manufacture of fossil
 1068  fuel-based energy, timber, mining, or agriculture.
 1069         6.The person’s support of the state or Federal Government
 1070  in combatting illegal immigration, drug trafficking, or human
 1071  trafficking.
 1072         7.The person’s engagement with, facilitation of,
 1073  employment by, support of, business relationship with,
 1074  representation of, or advocacy for any person described in this
 1075  paragraph.
 1076         8.The person’s failure to meet or commit to meet, or
 1077  expected failure to meet, any of the following as long as such
 1078  person is in compliance with applicable state or federal law:
 1079         a.Environmental standards, including emissions standards,
 1080  benchmarks, requirements, or disclosures;
 1081         b.Social governance standards, benchmarks, or
 1082  requirements, including, but not limited to, environmental or
 1083  social justice;
 1084         c.Corporate board or company employment composition
 1085  standards, benchmarks, requirements, or disclosures based on
 1086  characteristics protected under the Florida Civil Rights Act of
 1087  1992; or
 1088         d.Policies or procedures requiring or encouraging employee
 1089  participation in social justice programming, including, but not
 1090  limited to, diversity, equity, or inclusion training.
 1091         (3)Beginning July 1, 2023, and upon application for a
 1092  license or license renewal, applicants and licensees, as
 1093  applicable, must attest, under penalty of perjury, on a form
 1094  prescribed by the commission whether the applicant or licensee
 1095  is acting in compliance with subsections (1) and (2).
 1096         (4)In addition to any sanctions and penalties under this
 1097  chapter, a failure to comply with subsection (1) or engaging in
 1098  a practice described in subsection (2) constitutes a violation
 1099  of the Florida Deceptive and Unfair Trade Practices Act under
 1100  part II of chapter 501. Notwithstanding s. 501.211, violations
 1101  must be enforced only by the enforcing authority, as defined in
 1102  s. 501.203(2), and subject the violator to the sanctions and
 1103  penalties provided for in that part. If such action is
 1104  successful, the enforcing authority is entitled to reasonable
 1105  attorney fees and costs.
 1106         Section 23. Paragraph (h) of subsection (1) of section
 1107  560.114, Florida Statutes, is amended to read:
 1108         560.114 Disciplinary actions; penalties.—
 1109         (1) The following actions by a money services business,
 1110  authorized vendor, or affiliated party constitute grounds for
 1111  the issuance of a cease and desist order; the issuance of a
 1112  removal order; the denial, suspension, or revocation of a
 1113  license; or taking any other action within the authority of the
 1114  office pursuant to this chapter:
 1115         (h) Engaging in an act prohibited under s. 560.111 or s.
 1116  560.1115.
 1117         Section 24. Paragraph (y) of subsection (1) of section
 1118  655.005, Florida Statutes, is amended to read:
 1119         655.005 Definitions.—
 1120         (1) As used in the financial institutions codes, unless the
 1121  context otherwise requires, the term:
 1122         (y) “Unsafe or unsound practice” or “unsafe and unsound
 1123  practice” means:
 1124         1. Any practice or conduct found by the office to be
 1125  contrary to generally accepted standards applicable to a
 1126  financial institution, or a violation of any prior agreement in
 1127  writing or order of a state or federal regulatory agency, which
 1128  practice, conduct, or violation creates the likelihood of loss,
 1129  insolvency, or dissipation of assets or otherwise prejudices the
 1130  interest of the financial institution or its depositors or
 1131  members. In making this determination, the office must consider
 1132  the size and condition of the financial institution, the gravity
 1133  of the violation, and the prior conduct of the person or
 1134  institution involved; or
 1135         2.Failure to comply with s. 655.0323(1), or engaging in a
 1136  practice described in s. 655.0323(2).
 1137         Section 25. Section 655.0323, Florida Statutes, is created
 1138  to read:
 1139         655.0323Unsafe and unsound practices.—
 1140         (1)Financial institutions must make determinations about
 1141  the provision or denial of services based on an analysis of risk
 1142  factors unique to each current or prospective customer or member
 1143  and may not engage in an unsafe and unsound practice as provided
 1144  in subsection (2). This subsection does not restrict a financial
 1145  institution that claims a religious purpose from making such
 1146  determinations based on the current or prospective customer’s or
 1147  member’s religious beliefs, religious exercise, or religious
 1148  affiliations.
 1149         (2)It is an unsafe and unsound practice for a financial
 1150  institution to deny or cancel its services to a person, or to
 1151  otherwise discriminate against a person in making available such
 1152  services or in the terms or conditions of such services, on the
 1153  basis of:
 1154         (a)The person’s political opinions, speech, or
 1155  affiliations;
 1156         (b)Except as provided in subsection (1), the person’s
 1157  religious beliefs, religious exercise, or religious
 1158  affiliations;
 1159         (c)Any factor if it is not a quantitative, impartial, and
 1160  risk-based standard, including any such factor related to the
 1161  person’s business sector; or
 1162         (d)The use of any rating, scoring, analysis, tabulation,
 1163  or action that considers a social credit score based on factors
 1164  including, but not limited to:
 1165         1.The person’s political opinions, speech, or
 1166  affiliations.
 1167         2.The person’s religious beliefs, religious exercise, or
 1168  religious affiliations.
 1169         3.The person’s lawful ownership of a firearm.
 1170         4.The person’s engagement in the lawful manufacture,
 1171  distribution, sale, purchase, or use of firearms or ammunition.
 1172         5.The person’s engagement in the exploration, production,
 1173  utilization, transportation, sale, or manufacture of fossil
 1174  fuel-based energy, timber, mining, or agriculture.
 1175         6.The person’s support of the state or Federal Government
 1176  in combatting illegal immigration, drug trafficking, or human
 1177  trafficking.
 1178         7.The person’s engagement with, facilitation of,
 1179  employment by, support of, business relationship with,
 1180  representation of, or advocacy for any person described in this
 1181  paragraph.
 1182         8.The person’s failure to meet or commit to meet, or
 1183  expected failure to meet, any of the following as long as such
 1184  person is in compliance with applicable state or federal law:
 1185         a.Environmental standards, including emissions standards,
 1186  benchmarks, requirements, or disclosures;
 1187         b.Social governance standards, benchmarks, or
 1188  requirements, including, but not limited to, environmental or
 1189  social justice;
 1190         c.Corporate board or company employment composition
 1191  standards, benchmarks, requirements, or disclosures based on
 1192  characteristics protected under the Florida Civil Rights Act of
 1193  1992; or
 1194         d.Policies or procedures requiring or encouraging employee
 1195  participation in social justice programming, including, but not
 1196  limited to, diversity, equity, or inclusion training.
 1197         (3)Beginning July 1, 2023, and by July 1 of each year
 1198  thereafter, financial institutions subject to the financial
 1199  institutions codes must attest, under penalty of perjury, on a
 1200  form prescribed by the commission whether the entity is acting
 1201  in compliance with subsections (1) and (2).
 1202         (4)Engaging in a practice described in subsection (2) or
 1203  failing to timely provide the attestation under subsection (3)
 1204  is a failure to comply with this chapter, constitutes a
 1205  violation of the financial institutions codes, and is subject to
 1206  the applicable sanctions and penalties provided for in the
 1207  financial institutions codes.
 1208         (5)Notwithstanding ss. 501.211 and 501.212, a failure to
 1209  comply with subsection (1) or engaging in a practice described
 1210  in subsection (2) constitutes a violation of the Florida
 1211  Deceptive and Unfair Trade Practices Act under part II of
 1212  chapter 501. Violations must be enforced only by the enforcing
 1213  authority, as defined in s. 501.203(2), and subject the violator
 1214  to the sanctions and penalties provided for in that part. If
 1215  such action is successful, the enforcing authority is entitled
 1216  to reasonable attorney fees and costs.
 1217         (6)The office and the commission may not exercise
 1218  authority pursuant to s. 655.061 in relation to this section.
 1219         Section 26. Subsection (5) is added to section 1010.04,
 1220  Florida Statutes, to read:
 1221         1010.04 Purchasing.—
 1222         (5)Beginning July 1, 2023, school districts, Florida
 1223  College System institutions, and state universities may not:
 1224         (a)Request documentation of or consider a vendor’s social,
 1225  political, or ideological interests.
 1226         (b)Give preference to a vendor based on the vendor’s
 1227  social, political, or ideological interests.
 1228  
 1229  Any solicitation for purchases and leases must include a
 1230  provision notifying vendors of the provisions of this
 1231  subsection.
 1232         Section 27. For the purpose of incorporating the amendment
 1233  made by this act to section 17.57, Florida Statutes, in
 1234  references thereto, subsection (1) of section 17.61, Florida
 1235  Statutes, is reenacted to read:
 1236         17.61 Chief Financial Officer; powers and duties in the
 1237  investment of certain funds.—
 1238         (1) The Chief Financial Officer shall invest all general
 1239  revenue funds and all the trust funds and all agency funds of
 1240  each state agency, and of the judicial branch, as defined in s.
 1241  216.011, and may, upon request, invest funds of any board,
 1242  association, or entity created by the State Constitution or by
 1243  law, except for the funds required to be invested pursuant to
 1244  ss. 215.44-215.53, by the procedure and in the authorized
 1245  securities prescribed in s. 17.57; for this purpose, the Chief
 1246  Financial Officer may open and maintain one or more demand and
 1247  safekeeping accounts in any bank or savings association for the
 1248  investment and reinvestment and the purchase, sale, and exchange
 1249  of funds and securities in the accounts. Funds in such accounts
 1250  used solely for investments and reinvestments shall be
 1251  considered investment funds and not funds on deposit, and such
 1252  funds shall be exempt from the provisions of chapter 280. In
 1253  addition, the securities or investments purchased or held under
 1254  the provisions of this section and s. 17.57 may be loaned to
 1255  securities dealers and banks and may be registered by the Chief
 1256  Financial Officer in the name of a third-party nominee in order
 1257  to facilitate such loans, provided the loan is collateralized by
 1258  cash or United States government securities having a market
 1259  value of at least 100 percent of the market value of the
 1260  securities loaned. The Chief Financial Officer shall keep a
 1261  separate account, designated by name and number, of each fund.
 1262  Individual transactions and totals of all investments, or the
 1263  share belonging to each fund, shall be recorded in the accounts.
 1264         Section 28. For the purpose of incorporating the amendment
 1265  made by this act to section 215.47, Florida Statutes, in a
 1266  reference thereto, subsection (3) of section 215.44, Florida
 1267  Statutes, is reenacted to read:
 1268         215.44 Board of Administration; powers and duties in
 1269  relation to investment of trust funds.—
 1270         (3) Notwithstanding any law to the contrary, all
 1271  investments made by the State Board of Administration pursuant
 1272  to ss. 215.44-215.53 shall be subject to the restrictions and
 1273  limitations contained in s. 215.47, except that investments made
 1274  by the State Board of Administration under a trust agreement
 1275  pursuant to subsection (1) shall be subject only to the
 1276  restrictions and limitations contained in the trust agreement.
 1277         Section 29. This act shall take effect July 1, 2023.