Bill Text: FL S0378 | 2019 | Regular Session | Introduced


Bill Title: Florida Security for Public Deposits Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-25 - Referred to Banking and Insurance; Commerce and Tourism; Rules [S0378 Detail]

Download: Florida-2019-S0378-Introduced.html
       Florida Senate - 2019                                     SB 378
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00831-19                                             2019378__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Security for Public
    3         Deposits Act; amending s. 280.02, F.S.; redefining
    4         terms; creating s. 280.042, F.S.; specifying
    5         conditions that must be met before the Chief Financial
    6         Officer may designate a credit union as a qualified
    7         public depository; requiring the Chief Financial
    8         Officer to withdraw, via a certain notice, from a
    9         collateral agreement with a credit union under certain
   10         circumstances; providing that such credit union may no
   11         longer be designated as a qualified public depository;
   12         providing requirements for such credit union;
   13         authorizing the Chief Financial Officer to limit, for
   14         a certain purpose, the amount of public deposits a
   15         credit union may hold; amending s. 280.07, F.S.;
   16         specifying the mutual responsibility and contingent
   17         liability of certain credit unions designated as
   18         qualified public depositories; conforming a provision
   19         to changes made by the act; amending s. 280.08, F.S.;
   20         providing that certain assessments by the Chief
   21         Financial Officer are subject to certain segregation
   22         of contingent liability provisions; conforming
   23         provisions to changes made by the act; amending s.
   24         280.09, F.S.; requiring the Chief Financial Officer,
   25         in administering the Public Deposits Trust Fund, to
   26         segregate and separately account for certain proceeds,
   27         assessments, or penalties attributable to a credit
   28         union from those attributable to a bank, savings bank,
   29         or savings association; providing that certain
   30         payments of losses are subject to such limitations;
   31         amending ss. 280.03, 280.05, 280.052, 280.053,
   32         280.055, 280.085, 280.10, 280.13, and 280.17, F.S.;
   33         conforming provisions to changes made by the act;
   34         reenacting ss. 17.57(7)(a), 24.114(1), 125.901(3)(e),
   35         136.01, 159.608(11), 175.301, 175.401(8), 185.30,
   36         185.50(8), 190.007(3), 191.006(16), 215.34(2),
   37         218.415(16)(c), (17), and (23)(a), 255.502(4)(h),
   38         331.309(1) and (2), 373.553(2), 631.221, and
   39         723.06115(3)(c), F.S., relating to deposits and
   40         investments of state money; bank deposits and control
   41         of lottery transactions; children’s services and
   42         independent special districts; county depositories;
   43         powers of housing finance authorities; depositories
   44         for pension funds; retiree health insurance subsidies;
   45         depositories for retirement funds; retiree health
   46         insurance subsidies; the board of supervisors; general
   47         powers; state funds and noncollectible items; local
   48         government investment policies; definitions;
   49         treasurers, depositories, and fiscal agents; a
   50         treasurer of the board, payment of funds, and
   51         depositories; deposit of moneys collected; and the
   52         Florida Mobile Home Relocation Trust Fund,
   53         respectively, to incorporate the amendment made to s.
   54         280.02, F.S., in references thereto; providing an
   55         effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsections (6), (10), (21), (23), and (26) of
   60  section 280.02, Florida Statutes, are amended to read:
   61         280.02 Definitions.—As used in this chapter, the term:
   62         (6) “Capital account” or “tangible equity capital” means
   63  total equity capital, as defined on the balance-sheet portion of
   64  the Consolidated Reports of Condition and Income (call report);
   65  or net worth, as defined in the National Credit Union
   66  Administration 5300 Call Report;, less intangible assets, as
   67  submitted to the regulatory financial banking authority.
   68         (10) “Custodian” means the Chief Financial Officer or a
   69  bank, credit union, savings association, or trust company that:
   70         (a) Is organized and existing under the laws of this state,
   71  any other state, or the United States;
   72         (b) Has executed all forms required under this chapter or
   73  any rule adopted hereunder;
   74         (c) Agrees to be subject to the jurisdiction of the courts
   75  of this state, or of the courts of the United States which are
   76  located within this state, for the purpose of any litigation
   77  arising out of this chapter; and
   78         (d) Has been approved by the Chief Financial Officer to act
   79  as a custodian.
   80         (21) “Pool figure” means the total average monthly balances
   81  of public deposits held by all banks, savings banks, or savings
   82  associations, or held separately for all credit unions,
   83  qualified public depositories during the immediately preceding
   84  12-month period.
   85         (23) “Public deposit” means the moneys of the state or of
   86  any state university, county, school district, community college
   87  district, special district, metropolitan government, or
   88  municipality, including agencies, boards, bureaus, commissions,
   89  and institutions of any of the foregoing, or of any court, and
   90  includes the moneys of all county officers, including
   91  constitutional officers, which are placed on deposit in a bank,
   92  credit union, savings bank, or savings association. This
   93  includes, but is not limited to, time deposit accounts, demand
   94  deposit accounts, and nonnegotiable certificates of deposit.
   95  Moneys in deposit notes and in other nondeposit accounts such as
   96  repurchase or reverse repurchase operations are not public
   97  deposits. Securities, mutual funds, and similar types of
   98  investments are not public deposits and are not subject to this
   99  chapter.
  100         (26) “Qualified public depository” means a bank, credit
  101  union, savings bank, or savings association that:
  102         (a) Is organized and exists under the laws of the United
  103  States or the laws of this state or any other state or territory
  104  of the United States.
  105         (b) Has its principal place of business in this state or
  106  has a branch office in this state which is authorized under the
  107  laws of this state or of the United States to receive deposits
  108  in this state.
  109         (c) Is insured by the Federal Deposit Insurance Corporation
  110  or the National Credit Union Share Insurance Fund Has deposit
  111  insurance pursuant to the Federal Deposit Insurance Act, as
  112  amended, 12 U.S.C. ss. 1811 et seq.
  113         (d) Has procedures and practices for accurate
  114  identification, classification, reporting, and collateralization
  115  of public deposits.
  116         (e) Meets all the requirements of this chapter.
  117         (f) Has been designated by the Chief Financial Officer as a
  118  qualified public depository.
  119         Section 2. Section 280.042, Florida Statutes, is created to
  120  read:
  121         280.042 Conditions for designating credit unions as
  122  qualified public depositories; withdrawal by the Chief Financial
  123  Officer from a collateral agreement and return of deposits;
  124  limit on public deposits.—
  125         (1) The Chief Financial Officer may not designate a credit
  126  union as a qualified public depository unless, at the time the
  127  credit union submits its agreement of contingent liability and
  128  its collateral agreement:
  129         (a) The credit union submits a signed statement from a
  130  public official indicating that, if the credit union is
  131  designated as a qualified public depository, the public official
  132  intends to deposit more than $250,000 of public funds with the
  133  credit union; and
  134         (b) At least four other credit unions have each submitted
  135  an agreement of contingent liability, a collateral agreement,
  136  and a signed statement from a public official indicating that,
  137  if the credit union is designated as a qualified public
  138  depository, the public official intends to deposit more than
  139  $250,000 of public funds with the credit union.
  140         (2) The Chief Financial Officer must withdraw from a
  141  collateral agreement previously entered into with a credit union
  142  if fewer than five credit unions are designated as qualified
  143  public depositories during any period of 90 calendar days or
  144  longer.
  145         (3) A credit union that is a party to a collateral
  146  agreement from which the Chief Financial Officer withdraws in
  147  accordance with subsection (2) may no longer be designated as a
  148  qualified public depository. Within 10 business days after the
  149  Chief Financial Officer notifies the credit union that the Chief
  150  Financial Officer has withdrawn from the collateral agreement,
  151  the credit union must return all public deposits that the credit
  152  union holds to the public official who deposited the funds. The
  153  notice provided for in this subsection may be sent to a credit
  154  union by regular mail or by e-mail.
  155         (4) The Chief Financial Officer may limit the amount of
  156  public deposits which any credit union may hold in order to
  157  ensure that no single credit union holds an amount of public
  158  deposits which might adversely affect the integrity of the
  159  public deposits program.
  160         Section 3. Section 280.07, Florida Statutes, is amended to
  161  read:
  162         280.07 Mutual responsibility and contingent liability.—
  163         (1) Any bank, savings bank, or savings association that is
  164  designated as a qualified public depository and that is not
  165  insolvent shall guarantee public depositors against loss caused
  166  by the default or insolvency of other banks, savings banks, or
  167  savings associations designated as qualified public
  168  depositories.
  169         (2) Any credit union that is designated as a qualified
  170  public depository and that is not insolvent shall guarantee
  171  public depositors against loss caused by the default or
  172  insolvency of other credit unions designated as qualified public
  173  depositories.
  174  
  175  Each qualified public depository shall execute a form prescribed
  176  by the Chief Financial Officer for such guarantee which must
  177  shall be approved by the board of directors and shall become an
  178  official record of the institution.
  179         Section 4. Subsections (1) and (3) of section 280.08,
  180  Florida Statutes, are amended to read:
  181         280.08 Procedure for payment of losses.—When the Chief
  182  Financial Officer determines that a default or insolvency has
  183  occurred, he or she shall provide notice as required in s.
  184  280.085 and implement the following procedures:
  185         (1) The Division of Treasury, in cooperation with the
  186  Office of Financial Regulation of the Financial Services
  187  Commission or the receiver of the qualified public depository in
  188  default, shall ascertain the amount of funds of each public
  189  depositor on deposit at such depository and the amount of
  190  deposit or share insurance applicable to such deposits.
  191         (3)(a) The loss to public depositors shall be satisfied,
  192  insofar as possible, first through any applicable deposit or
  193  share insurance and then through demanding payment under letters
  194  of credit or the sale of collateral pledged or deposited by the
  195  defaulting depository. The Chief Financial Officer may assess
  196  qualified public depositories as provided in paragraph (b),
  197  subject to the segregation of contingent liability in s. 280.07,
  198  for the total loss if the demand for payment or sale of
  199  collateral cannot be accomplished within 7 business days.
  200         (b) The Chief Financial Officer shall provide coverage of
  201  any remaining loss by assessment against the other qualified
  202  public depositories. The Chief Financial Officer shall determine
  203  such assessment for each qualified public depository by
  204  multiplying the total amount of any remaining loss to all public
  205  depositors by a percentage which represents the average monthly
  206  balance of public deposits held by each qualified public
  207  depository during the previous 12 months divided by the total
  208  average monthly balances of public deposits held by all
  209  qualified public depositories, excluding the defaulting
  210  depository, during the same period. The assessment calculation
  211  must shall be computed to six decimal places.
  212         Section 5. Section 280.09, Florida Statutes, is amended to
  213  read:
  214         280.09 Public Deposits Trust Fund.—
  215         (1) In order to facilitate the administration of this
  216  chapter, there is created the Public Deposits Trust Fund,
  217  hereafter in this section designated as “the fund.” The proceeds
  218  from the sale of securities or draw on letters of credit held as
  219  collateral or from any assessment pursuant to s. 280.08 must
  220  shall be deposited into the fund. The Chief Financial Officer
  221  must segregate and separately account for any collateral
  222  proceeds, assessments, or administrative penalties attributable
  223  to a credit union from any collateral proceeds, assessments, or
  224  administrative penalties attributable to any bank, savings bank,
  225  or savings association. Any administrative penalty collected
  226  pursuant to this chapter shall be deposited into the Treasury
  227  Administrative and Investment Trust Fund.
  228         (2) The Chief Financial Officer is authorized to pay any
  229  losses to public depositors from the fund, subject to the
  230  limitations provided in subsection (1), and there are hereby
  231  appropriated from the fund such sums as may be necessary from
  232  time to time to pay the losses. The term “losses,” for purposes
  233  of this chapter, shall also include losses of interest or other
  234  accumulations to the public depositor as a result of penalties
  235  for early withdrawal required by Depository Institution
  236  Deregulatory Commission Regulations or applicable successor
  237  federal laws or regulations because of suspension or
  238  disqualification of a qualified public depository by the Chief
  239  Financial Officer pursuant to s. 280.05 or because of withdrawal
  240  from the public deposits program pursuant to s. 280.11. In that
  241  event, the Chief Financial Officer is authorized to assess
  242  against the suspended, disqualified, or withdrawing public
  243  depository, in addition to any amount authorized by any other
  244  provision of this chapter, an administrative penalty equal to
  245  the amount of the early withdrawal penalty and to pay that
  246  amount over to the public depositor as reimbursement for such
  247  loss. Any money in the fund estimated not to be needed for
  248  immediate cash requirements shall be invested pursuant to s.
  249  17.61.
  250         Section 6. Paragraph (a) of subsection (3) of section
  251  280.03, Florida Statutes, is amended to read:
  252         280.03 Public deposits to be secured; prohibitions;
  253  exemptions.—
  254         (3) The following are exempt from the requirements of, and
  255  protection under, this chapter:
  256         (a) Public deposits deposited in a bank, credit union, or
  257  savings association by a trust department or trust company which
  258  are fully secured under trust business laws.
  259         Section 7. Subsection (11) of section 280.05, Florida
  260  Statutes, is amended to read:
  261         280.05 Powers and duties of the Chief Financial Officer.—In
  262  fulfilling the requirements of this act, the Chief Financial
  263  Officer has the power to take the following actions he or she
  264  deems necessary to protect the integrity of the public deposits
  265  program:
  266         (11) Sell securities for the purpose of paying losses to
  267  public depositors not covered by deposit or share insurance.
  268         Section 8. Subsection (1) of section 280.052, Florida
  269  Statutes, is amended to read:
  270         280.052 Order of suspension or disqualification;
  271  procedure.—
  272         (1) The suspension or disqualification of a bank, credit
  273  union, or savings association as a qualified public depository
  274  must be by order of the Chief Financial Officer and must be
  275  mailed to the qualified public depository by registered or
  276  certified mail.
  277         Section 9. Paragraph (c) of subsection (1) and paragraph
  278  (c) of subsection (2) of section 280.053, Florida Statutes, are
  279  amended to read:
  280         280.053 Period of suspension or disqualification;
  281  obligations during period; reinstatement.—
  282         (1)
  283         (c) Upon expiration of the suspension period, the bank,
  284  credit union, or savings association may, by order of the Chief
  285  Financial Officer, be reinstated as a qualified public
  286  depository, unless the cause of the suspension has not been
  287  corrected or the bank, credit union, or savings association is
  288  otherwise not in compliance with this chapter or any rule
  289  adopted pursuant to this chapter.
  290         (2)
  291         (c) Upon expiration of the disqualification period, the
  292  bank, credit union, or savings association may reapply for
  293  qualification as a qualified public depository. If a
  294  disqualified bank, credit union, or savings association is
  295  purchased or otherwise acquired by new owners, it may reapply to
  296  the Chief Financial Officer to be a qualified public depository
  297  prior to the expiration date of the disqualification period.
  298  Redesignation as a qualified public depository may occur only
  299  after the Chief Financial Officer has determined that all
  300  requirements for holding public deposits under the law have been
  301  met.
  302         Section 10. Section 280.055, Florida Statutes, is amended
  303  to read:
  304         280.055 Cease and desist order; corrective order;
  305  administrative penalty.—
  306         (1) The Chief Financial Officer may issue a cease and
  307  desist order and a corrective order upon determining that:
  308         (a) A qualified public depository has requested and
  309  obtained a release of pledged collateral without approval of the
  310  Chief Financial Officer;
  311         (b) A bank, credit union, savings association, or other
  312  financial institution is holding public deposits without a
  313  certificate of qualification issued by the Chief Financial
  314  Officer;
  315         (c) A qualified public depository pledges, deposits, or
  316  arranges for the issuance of unacceptable collateral;
  317         (d) A custodian has released pledged collateral without
  318  approval of the Chief Financial Officer;
  319         (e) A qualified public depository or a custodian has not
  320  furnished to the Chief Financial Officer, when the Chief
  321  Financial Officer requested, a power of attorney or bond power
  322  or bond assignment form required by the bond agent or bond
  323  trustee for each issue of registered certificated securities
  324  pledged and registered in the name, or nominee name, of the
  325  qualified public depository or custodian; or
  326         (f) A qualified public depository; a bank, credit union,
  327  savings association, or other financial institution; or a
  328  custodian has committed any other violation of this chapter or
  329  any rule adopted pursuant to this chapter that the Chief
  330  Financial Officer determines may be remedied by a cease and
  331  desist order or corrective order.
  332         (2) Any qualified public depository or other bank, credit
  333  union, savings association, or financial institution or
  334  custodian that violates a cease and desist order or corrective
  335  order of the Chief Financial Officer is subject to an
  336  administrative penalty not exceeding $1,000 for each violation
  337  of the order. Each day the violation of the order continues
  338  constitutes a separate violation.
  339         Section 11. Subsection (4) of section 280.085, Florida
  340  Statutes, is amended to read:
  341         280.085 Notice to claimants.—
  342         (4) The notice required in subsection (1) is not required
  343  if the default or insolvency of a qualified public depository is
  344  resolved in a manner in which all Florida public deposits are
  345  acquired by another insured bank, credit union, savings bank, or
  346  savings association.
  347         Section 12. Subsections (1) and (3) of section 280.10,
  348  Florida Statutes, are amended to read:
  349         280.10 Effect of merger, acquisition, or consolidation;
  350  change of name or address.—
  351         (1) When a qualified public depository is merged into,
  352  acquired by, or consolidated with a bank, credit union, savings
  353  bank, or savings association that is not a qualified public
  354  depository:
  355         (a) The resulting institution shall automatically become a
  356  qualified public depository subject to the requirements of the
  357  public deposits program.
  358         (b) The contingent liability of the former institution
  359  shall be a liability of the resulting institution.
  360         (c) The public deposits and associated collateral of the
  361  former institution shall be public deposits and collateral of
  362  the resulting institution.
  363         (d) The resulting institution shall, within 90 calendar
  364  days after the effective date of the merger, acquisition, or
  365  consolidation, deliver to the Chief Financial Officer:
  366         1. Documentation in its name as required for participation
  367  in the public deposits program; or
  368         2. Written notice of intent to withdraw from the program as
  369  provided in s. 280.11 and a proposed effective date of
  370  withdrawal which shall be within 180 days after the effective
  371  date of the acquisition, merger, or consolidation of the former
  372  institution.
  373         (e) If the resulting institution does not meet
  374  qualifications to become a qualified public depository or does
  375  not submit required documentation within 90 calendar days after
  376  the effective date of the merger, acquisition, or consolidation,
  377  the Chief Financial Officer shall initiate mandatory withdrawal
  378  actions as provided in s. 280.11 and shall set an effective date
  379  of withdrawal that is within 180 days after the effective date
  380  of the acquisition, merger, or consolidation of the former
  381  institution.
  382         (3) If the default or insolvency of a qualified public
  383  depository results in acquisition of all or part of its Florida
  384  public deposits by a bank, credit union, savings bank, or
  385  savings association that is not a qualified public depository,
  386  the bank, credit union, savings bank, or savings association
  387  acquiring the Florida public deposits is subject to subsection
  388  (1).
  389         Section 13. Subsection (1) of section 280.13, Florida
  390  Statutes, is amended to read:
  391         280.13 Eligible collateral.—
  392         (1) Securities eligible to be pledged as collateral by
  393  qualified public depositories are banks and savings associations
  394  shall be limited to:
  395         (a) Direct obligations of the United States Government.
  396         (b) Obligations of any federal agency that are fully
  397  guaranteed as to payment of principal and interest by the United
  398  States Government.
  399         (c) Obligations of the following federal agencies:
  400         1. Farm credit banks.
  401         2. Federal land banks.
  402         3. The Federal Home Loan Bank and its district banks.
  403         4. Federal intermediate credit banks.
  404         5. The Federal Home Loan Mortgage Corporation.
  405         6. The Federal National Mortgage Association.
  406         7. Obligations guaranteed by the Government National
  407  Mortgage Association.
  408         (d) General obligations of a state of the United States, or
  409  of Puerto Rico, or of a political subdivision or municipality
  410  thereof.
  411         (e) Obligations issued by the Florida State Board of
  412  Education under authority of the State Constitution or
  413  applicable statutes.
  414         (f) Tax anticipation certificates or warrants of counties
  415  or municipalities having maturities not exceeding 1 year.
  416         (g) Public housing authority obligations.
  417         (h) Revenue bonds or certificates of a state of the United
  418  States or of a political subdivision or municipality thereof.
  419         (i) Corporate bonds of any corporation that is not an
  420  affiliate or subsidiary of the qualified public depository.
  421         Section 14. Paragraph (b) of subsection (4) of section
  422  280.17, Florida Statutes, is amended to read:
  423         280.17 Requirements for public depositors; notice to public
  424  depositors and governmental units; loss of protection.—In
  425  addition to any other requirement specified in this chapter,
  426  public depositors shall comply with the following:
  427         (4) If public deposits are in a qualified public depository
  428  that has been declared to be in default or insolvent, each
  429  public depositor shall:
  430         (b) Submit to the Chief Financial Officer for each public
  431  deposit, within 30 days after the date of official notification
  432  from the Chief Financial Officer, the following:
  433         1. A claim form and agreement, as prescribed by the Chief
  434  Financial Officer, executed under oath, accompanied by proof of
  435  authority to execute the form on behalf of the public depositor.
  436         2. A completed public deposit identification and
  437  acknowledgment form, as described in subsection (2).
  438         3. Evidence of the insurance afforded the deposit pursuant
  439  to the Federal Deposit Insurance Act or the Federal Credit Union
  440  Act, as appropriate.
  441         Section 15. For the purpose of incorporating the amendment
  442  made by this act to section 280.02, Florida Statutes, in a
  443  reference thereto, paragraph (a) of subsection (7) of section
  444  17.57, Florida Statutes, is reenacted to read:
  445         17.57 Deposits and investments of state money.—
  446         (7) In addition to the deposits authorized under this
  447  section and notwithstanding any other provisions of law, funds
  448  that are not needed to meet the disbursement needs of the state
  449  may be deposited by the Chief Financial Officer in accordance
  450  with the following conditions:
  451         (a) The funds are initially deposited in a qualified public
  452  depository, as defined in s. 280.02, selected by the Chief
  453  Financial Officer.
  454         Section 16. For the purpose of incorporating the amendment
  455  made by this act to section 280.02, Florida Statutes, in a
  456  reference thereto, subsection (1) of section 24.114, Florida
  457  Statutes, is reenacted to read:
  458         24.114 Bank deposits and control of lottery transactions.—
  459         (1) All moneys received by each retailer from the operation
  460  of the state lottery, including, but not limited to, all ticket
  461  sales, interest, gifts, and donations, less the amount retained
  462  as compensation for the sale of the tickets and the amount paid
  463  out as prizes, shall be remitted to the department or deposited
  464  in a qualified public depository, as defined in s. 280.02, as
  465  directed by the department. The department shall have the
  466  responsibility for all administrative functions related to the
  467  receipt of funds. The department may also require each retailer
  468  to file with the department reports of the retailer’s receipts
  469  and transactions in the sale of lottery tickets in such form and
  470  containing such information as the department may require. The
  471  department may require any person, including a qualified public
  472  depository, to perform any function, activity, or service in
  473  connection with the operation of the lottery as it may deem
  474  advisable pursuant to this act and rules of the department, and
  475  such functions, activities, or services shall constitute lawful
  476  functions, activities, and services of such person.
  477         Section 17. For the purpose of incorporating the amendment
  478  made by this act to section 280.02, Florida Statutes, in a
  479  reference thereto, paragraph (e) of subsection (3) of section
  480  125.901, Florida Statutes, is reenacted to read:
  481         125.901 Children’s services; independent special district;
  482  council; powers, duties, and functions; public records
  483  exemption.—
  484         (3)
  485         (e)1. All moneys received by the council on children’s
  486  services shall be deposited in qualified public depositories, as
  487  defined in s. 280.02, with separate and distinguishable accounts
  488  established specifically for the council and shall be withdrawn
  489  only by checks signed by the chair of the council and
  490  countersigned by either one other member of the council on
  491  children’s services or by a chief executive officer who shall be
  492  so authorized by the council.
  493         2. Upon entering the duties of office, the chair and the
  494  other member of the council or chief executive officer who signs
  495  its checks shall each give a surety bond in the sum of at least
  496  $1,000 for each $1 million or portion thereof of the council’s
  497  annual budget, which bond shall be conditioned that each shall
  498  faithfully discharge the duties of his or her office. The
  499  premium on such bond may be paid by the district as part of the
  500  expense of the council. No other member of the council shall be
  501  required to give bond or other security.
  502         3. No funds of the district shall be expended except by
  503  check as aforesaid, except expenditures from a petty cash
  504  account which shall not at any time exceed $100. All
  505  expenditures from petty cash shall be recorded on the books and
  506  records of the council on children’s services. No funds of the
  507  council on children’s services, excepting expenditures from
  508  petty cash, shall be expended without prior approval of the
  509  council, in addition to the budgeting thereof.
  510         Section 18. For the purpose of incorporating the amendment
  511  made by this act to section 280.02, Florida Statutes, in a
  512  reference thereto, section 136.01, Florida Statutes, is
  513  reenacted to read:
  514         136.01 County depositories.—Each county depository shall be
  515  a qualified public depository as defined in s. 280.02 for the
  516  following funds: county funds; funds of all county officers,
  517  including constitutional officers; funds of the school board;
  518  and funds of the community college district board of trustees.
  519  This enumeration of funds is made not by way of limitation, but
  520  of illustration; and it is the intent hereof that all funds of
  521  the county, the board of county commissioners or the several
  522  county officers, the school board, or the community college
  523  district board of trustees be included.
  524         Section 19. For the purpose of incorporating the amendment
  525  made by this act to section 280.02, Florida Statutes, in a
  526  reference thereto, subsection (11) of section 159.608, Florida
  527  Statutes, is reenacted to read:
  528         159.608 Powers of housing finance authorities.—A housing
  529  finance authority shall constitute a public body corporate and
  530  politic, exercising the public and essential governmental
  531  functions set forth in this act, and shall exercise its power to
  532  borrow only for the purpose as provided herein:
  533         (11) To invest and reinvest surplus funds of the housing
  534  finance authority in accordance with s. 218.415. However, in
  535  addition to the investments expressly authorized in s.
  536  218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
  537  may invest surplus funds in interest-bearing time deposits or
  538  savings accounts that are fully insured by the Federal Deposit
  539  Insurance Corporation regardless of whether the bank or
  540  financial institution in which the deposit or investment is made
  541  is a qualified public depository as defined in s. 280.02. This
  542  subsection is supplementary to and may not be construed as
  543  limiting any powers of a housing finance authority or providing
  544  or implying a limiting construction of any other statutory
  545  provision.
  546         Section 20. For the purpose of incorporating the amendment
  547  made by this act to section 280.02, Florida Statutes, in a
  548  reference thereto, section 175.301, Florida Statutes, is
  549  reenacted to read:
  550         175.301 Depository for pension funds.—For any municipality,
  551  special fire control district, chapter plan, local law
  552  municipality, local law special fire control district, or local
  553  law plan under this chapter, all funds of the firefighters’
  554  pension trust fund of any chapter plan or local law plan under
  555  this chapter may be deposited by the board of trustees with the
  556  treasurer of the municipality or special fire control district,
  557  acting in a ministerial capacity only, who shall be liable in
  558  the same manner and to the same extent as he or she is liable
  559  for the safekeeping of funds for the municipality or special
  560  fire control district. However, any funds so deposited with the
  561  treasurer of the municipality or special fire control district
  562  shall be kept in a separate fund by the treasurer or clearly
  563  identified as such funds of the firefighters’ pension trust
  564  fund. In lieu thereof, the board of trustees shall deposit the
  565  funds of the firefighters’ pension trust fund in a qualified
  566  public depository as defined in s. 280.02, which depository with
  567  regard to such funds shall conform to and be bound by all of the
  568  provisions of chapter 280.
  569         Section 21. For the purpose of incorporating the amendment
  570  made by this act to section 280.02, Florida Statutes, in
  571  references thereto, subsection (8) of section 175.401, Florida
  572  Statutes, is reenacted to read:
  573         175.401 Retiree health insurance subsidy.—For any
  574  municipality, special fire control district, chapter plan, local
  575  law municipality, local law special fire control district, or
  576  local law plan under this chapter, under the broad grant of home
  577  rule powers under the Florida Constitution and chapter 166,
  578  municipalities have the authority to establish and administer
  579  locally funded health insurance subsidy programs. In addition,
  580  special fire control districts may, by resolution, establish and
  581  administer locally funded health insurance subsidy programs.
  582  Pursuant thereto:
  583         (8) DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.—All funds of
  584  the health insurance subsidy fund may be deposited by the board
  585  of trustees with the treasurer of the municipality or special
  586  fire control district, acting in a ministerial capacity only,
  587  who shall be liable in the same manner and to the same extent as
  588  he or she is liable for the safekeeping of funds for the
  589  municipality or special fire control district. Any funds so
  590  deposited shall be segregated by the treasurer in a separate
  591  fund, clearly identified as funds of the health insurance
  592  subsidy fund. In lieu thereof, the board of trustees shall
  593  deposit the funds of the health insurance subsidy fund in a
  594  qualified public depository as defined in s. 280.02, which shall
  595  conform to and be bound by the provisions of chapter 280 with
  596  regard to such funds. In no case shall the funds of the health
  597  insurance subsidy fund be deposited in any financial
  598  institution, brokerage house trust company, or other entity that
  599  is not a public depository as provided by s. 280.02.
  600         Section 22. For the purpose of incorporating the amendment
  601  made by this act to section 280.02, Florida Statutes, in a
  602  reference thereto, section 185.30, Florida Statutes, is
  603  reenacted to read:
  604         185.30 Depository for retirement fund.—For any
  605  municipality, chapter plan, local law municipality, or local law
  606  plan under this chapter, all funds of the municipal police
  607  officers’ retirement trust fund of any municipality, chapter
  608  plan, local law municipality, or local law plan under this
  609  chapter may be deposited by the board of trustees with the
  610  treasurer of the municipality acting in a ministerial capacity
  611  only, who shall be liable in the same manner and to the same
  612  extent as he or she is liable for the safekeeping of funds for
  613  the municipality. However, any funds so deposited with the
  614  treasurer of the municipality shall be kept in a separate fund
  615  by the municipal treasurer or clearly identified as such funds
  616  of the municipal police officers’ retirement trust fund. In lieu
  617  thereof, the board of trustees shall deposit the funds of the
  618  municipal police officers’ retirement trust fund in a qualified
  619  public depository as defined in s. 280.02, which depository with
  620  regard to such funds shall conform to and be bound by all of the
  621  provisions of chapter 280.
  622         Section 23. For the purpose of incorporating the amendment
  623  made by this act to section 280.02, Florida Statutes, in
  624  references thereto, subsection (8) of section 185.50, Florida
  625  Statutes, is reenacted to read:
  626         185.50 Retiree health insurance subsidy.—For any
  627  municipality, chapter plan, local law municipality, or local law
  628  plan under this chapter, under the broad grant of home rule
  629  powers under the Florida Constitution and chapter 166,
  630  municipalities have the authority to establish and administer
  631  locally funded health insurance subsidy programs. Pursuant
  632  thereto:
  633         (8) DEPOSIT OF PENSION FUNDS.—All funds of the health
  634  insurance subsidy fund may be deposited by the board of trustees
  635  with the treasurer of the municipality, acting in a ministerial
  636  capacity only, who shall be liable in the same manner and to the
  637  same extent as he or she is liable for the safekeeping of funds
  638  for the municipality. Any funds so deposited shall be segregated
  639  by said treasurer in a separate fund, clearly identified as
  640  funds of the health insurance subsidy fund. In lieu thereof, the
  641  board of trustees shall deposit the funds of the health
  642  insurance subsidy fund in a qualified public depository as
  643  defined in s. 280.02, which shall conform to and be bound by the
  644  provisions of chapter 280 with regard to such funds. In no case
  645  shall the funds of the health insurance subsidy fund be
  646  deposited in any financial institution, brokerage house trust
  647  company, or other entity that is not a public depository as
  648  provided by s. 280.02.
  649         Section 24. For the purpose of incorporating the amendment
  650  made by this act to section 280.02, Florida Statutes, in a
  651  reference thereto, subsection (3) of section 190.007, Florida
  652  Statutes, is reenacted to read:
  653         190.007 Board of supervisors; general duties.—
  654         (3) The board is authorized to select as a depository for
  655  its funds any qualified public depository as defined in s.
  656  280.02 which meets all the requirements of chapter 280 and has
  657  been designated by the Chief Financial Officer as a qualified
  658  public depository, upon such terms and conditions as to the
  659  payment of interest by such depository upon the funds so
  660  deposited as the board may deem just and reasonable.
  661         Section 25. For the purpose of incorporating the amendment
  662  made by this act to section 280.02, Florida Statutes, in a
  663  reference thereto, subsection (16) of section 191.006, Florida
  664  Statutes, is reenacted to read:
  665         191.006 General powers.—The district shall have, and the
  666  board may exercise by majority vote, the following powers:
  667         (16) To select as a depository for its funds any qualified
  668  public depository as defined in s. 280.02 which meets all the
  669  requirements of chapter 280 and has been designated by the Chief
  670  Financial Officer as a qualified public depository, upon such
  671  terms and conditions as to the payment of interest upon the
  672  funds deposited as the board deems just and reasonable.
  673         Section 26. For the purpose of incorporating the amendment
  674  made by this act to section 280.02, Florida Statutes, in a
  675  reference thereto, subsection (2) of section 215.34, Florida
  676  Statutes, is reenacted to read:
  677         215.34 State funds; noncollectible items; procedure.—
  678         (2) Whenever a check, draft, or other order for the payment
  679  of money is returned by the Chief Financial Officer, or by a
  680  qualified public depository as defined in s. 280.02, to a state
  681  officer, a state agency, or the judicial branch for collection,
  682  the officer, agency, or judicial branch shall add to the amount
  683  due a service fee of $15 or 5 percent of the face amount of the
  684  check, draft, or order, whichever is greater. An agency or the
  685  judicial branch may adopt a rule which prescribes a lesser
  686  maximum service fee, which shall be added to the amount due for
  687  the dishonored check, draft, or other order tendered for a
  688  particular service, license, tax, fee, or other charge, but in
  689  no event shall the fee be less than $15. The service fee shall
  690  be in addition to all other penalties imposed by law, except
  691  that when other charges or penalties are imposed by an agency
  692  related to a noncollectible item, the amount of the service fee
  693  shall not exceed $150. Proceeds from this fee shall be deposited
  694  in the same fund as the collected item. Nothing in this section
  695  shall be construed as authorization to deposit moneys outside
  696  the State Treasury unless specifically authorized by law.
  697         Section 27. For the purpose of incorporating the amendment
  698  made by this act to section 280.02, Florida Statutes, in
  699  references thereto, paragraph (c) of subsection (16), subsection
  700  (17), and paragraph (a) of subsection (23) of section 218.415,
  701  Florida Statutes, are reenacted 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         (16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLICIES.
  720  Those units of local government electing to adopt a written
  721  investment policy as provided in subsections (1)-(15) may by
  722  resolution invest and reinvest any surplus public funds in their
  723  control or possession in:
  724         (c) Interest-bearing time deposits or savings accounts in
  725  qualified public depositories as defined in s. 280.02.
  726         (17) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT POLICY.
  727  Those units of local government electing not to adopt a written
  728  investment policy in accordance with investment policies
  729  developed as provided in subsections (1)-(15) may invest or
  730  reinvest any surplus public funds in their control or possession
  731  in:
  732         (a) The Local Government Surplus Funds Trust Fund, or any
  733  intergovernmental investment pool authorized pursuant to the
  734  Florida Interlocal Cooperation Act of 1969, as provided in s.
  735  163.01.
  736         (b) Securities and Exchange Commission registered money
  737  market funds with the highest credit quality rating from a
  738  nationally recognized rating agency.
  739         (c) Interest-bearing time deposits or savings accounts in
  740  qualified public depositories, as defined in s. 280.02.
  741         (d) Direct obligations of the U.S. Treasury.
  742  
  743  The securities listed in paragraphs (c) and (d) shall be
  744  invested to provide sufficient liquidity to pay obligations as
  745  they come due.
  746         (23) AUTHORIZED DEPOSITS.—In addition to the investments
  747  authorized for local governments in subsections (16) and (17)
  748  and notwithstanding any other provisions of law, a unit of local
  749  government may deposit any portion of surplus public funds in
  750  its control or possession in accordance with the following
  751  conditions:
  752         (a) The funds are initially deposited in a qualified public
  753  depository, as defined in s. 280.02, selected by the unit of
  754  local government.
  755         Section 28. For the purpose of incorporating the amendment
  756  made by this act to section 280.02, Florida Statutes, in a
  757  reference thereto, paragraph (h) of subsection (4) of section
  758  255.502, Florida Statutes, is reenacted to read:
  759         255.502 Definitions; ss. 255.501-255.525.—As used in this
  760  act, the following words and terms shall have the following
  761  meanings unless the context otherwise requires:
  762         (4) “Authorized investments” means and includes without
  763  limitation any investment in:
  764         (h) Savings accounts in, or certificates of deposit of,
  765  qualified public depositories as defined in s. 280.02, in an
  766  amount that does not exceed 15 percent of the net worth of the
  767  institution, or a lesser amount as determined by rule by the
  768  State Board of Administration, provided such savings accounts
  769  and certificates of deposit are secured in the manner prescribed
  770  in chapter 280.
  771  
  772  Investments in any security authorized in this subsection may be
  773  under repurchase agreements or reverse repurchase agreements.
  774         Section 29. For the purpose of incorporating the amendment
  775  made by this act to section 280.02, Florida Statutes, in
  776  references thereto, subsections (1) and (2) of section 331.309,
  777  Florida Statutes, are reenacted to read:
  778         331.309 Treasurer; depositories; fiscal agent.—
  779         (1) The board shall designate an individual who is a
  780  resident of the state, or a qualified public depository as
  781  defined in s. 280.02, as treasurer of Space Florida, who shall
  782  have charge of the funds of Space Florida. Such funds shall be
  783  disbursed only upon the order of or pursuant to the resolution
  784  of the board by warrant, check, authorization, or direct deposit
  785  pursuant to s. 215.85, signed or authorized by the treasurer or
  786  his or her representative or by such other persons as may be
  787  authorized by the board. The board may give the treasurer such
  788  other or additional powers and duties as the board may deem
  789  appropriate and shall establish the treasurer’s compensation.
  790  The board may require the treasurer to give a bond in such
  791  amount, on such terms, and with such sureties as may be deemed
  792  satisfactory to the board to secure the performance by the
  793  treasurer of his or her powers and duties. The board shall audit
  794  or have audited the books of the treasurer at least once a year.
  795         (2) The board is authorized to select as depositories in
  796  which the funds of the board and of Space Florida shall be
  797  deposited any qualified public depository as defined in s.
  798  280.02, upon such terms and conditions as to the payment of
  799  interest by such depository upon the funds so deposited as the
  800  board may deem just and reasonable. The funds of Space Florida
  801  may be kept in or removed from the State Treasury upon written
  802  notification from the chair of the board to the Chief Financial
  803  Officer.
  804         Section 30. For the purpose of incorporating the amendment
  805  made by this act to section 280.02, Florida Statutes, in a
  806  reference thereto, subsection (2) of section 373.553, Florida
  807  Statutes, is reenacted to read:
  808         373.553 Treasurer of the board; payment of funds;
  809  depositories.—
  810         (2) The board is authorized to select as depositories in
  811  which the funds of the board and of the district shall be
  812  deposited in any qualified public depository as defined in s.
  813  280.02, and such deposits shall be secured in the manner
  814  provided in chapter 280.
  815         Section 31. For the purpose of incorporating the amendment
  816  made by this act to section 280.02, Florida Statutes, in a
  817  reference thereto, section 631.221, Florida Statutes, is
  818  reenacted to read:
  819         631.221 Deposit of moneys collected.—The moneys collected
  820  by the department in a proceeding under this chapter shall be
  821  deposited in a qualified public depository as defined in s.
  822  280.02, which depository with regards to such funds shall
  823  conform to and be bound by all the provisions of chapter 280, or
  824  invested with the Chief Financial Officer pursuant to chapter
  825  18. For the purpose of accounting for the assets and
  826  transactions of the estate, the receiver shall use such
  827  accounting books, records, and systems as the court directs
  828  after it hears and considers the recommendations of the
  829  receiver.
  830         Section 32. For the purpose of incorporating the amendment
  831  made by this act to section 280.02, Florida Statutes, in a
  832  reference thereto, paragraph (c) of subsection (3) of section
  833  723.06115, Florida Statutes, is reenacted to read:
  834         723.06115 Florida Mobile Home Relocation Trust Fund.—
  835         (3) The department shall distribute moneys in the Florida
  836  Mobile Home Relocation Trust Fund to the Florida Mobile Home
  837  Relocation Corporation in accordance with the following:
  838         (c) Funds transferred from the trust fund to the
  839  corporation shall be transferred electronically and shall be
  840  transferred to and maintained in a qualified public depository
  841  as defined in s. 280.02 which is specified by the corporation.
  842         Section 33. This act shall take effect July 1, 2020.

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