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Meeting Packet — Insurance & Banking Subcommittee (February 16, 2022)

Summary

Meeting packet for the Insurance & Banking Subcommittee of the Commerce Committee, Wednesday, February 16, 2022, 8:30 AM in Morris Hall (17 HOB). The agenda lists HB 649 Transfers in Divorce by Driskell and HB 1559 Public Deposits by Harding and Rizo. The staff analysis of HB 649 describes an Individual Retirement Account (IRA) and how its assets may be transferred in a divorce by name change or direct transfer. The packet closes with the text of HB 1559, whose Section 34 provides that the act takes effect July 1, 2022.

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Cite this document

“Meeting Packet — Insurance & Banking Subcommittee (February 16, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-16-3100-insurance-banking-subcommittee-meeting-packets-fn-ibs-b7d3d2234d/, SHA-256 29294ffae80564070ee467d551529aa0ab1aae33d15b64bf9e457ad2068ec800.

Full text

    Insurance & Banking Subcommittee
                Wednesday, February 16, 2022
                    8:30 AM - 10:00 AM
                    Morris Hall (17 HOB)




                    Meeting Packet




Chris Sprowls                                  Nick DiCeglie
Speaker                                                Chair
                   The Florida House of Representatives
                                        Commerce Committee
                              Insurance & Banking Subcommittee
Chris Sprowls                                                                                    Nick DiCeglie
Speaker                                                                                                 Chair


                                        Meeting Agenda

                               Wednesday, February 16, 2022
                                  8:30 AM – 10:00 AM
                                  Morris Hall (17 HOB)


  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       • HB 649 Transfers in Divorce by Driskell

       • HB 1559 Public Deposits by Harding, Rizo

V.     Closing Remarks

VI.    Adjournment




                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                (850) 717-4870
HB 649
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 649 Transfers in Divorce
SPONSOR(S): Driskell
TIED BILLS:       IDEN./SIM. BILLS: SB 968

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Civil Justice & Property Rights Subcommittee             17 Y, 0 N               Mathews            Jones

  2) Insurance & Banking Subcommittee                                                 Hinshelwood        Luczynski

  3) Judiciary Committee


                                                SUMMARY ANALYSIS
An Individual Retirement Account (IRA) is a retirement savings account that provides the account owner with
certain tax benefits which are not available for a traditional savings account. An IRA is intended to be the
property of its owner and may only be transferred to another person upon the owner’s death or incident to
divorce during a dissolution of marriage. If an IRA is transferred to a spouse or ex-spouse incident to a divorce,
the spouse receiving the IRA becomes the new owner of the interest in the assets in the other spouse's IRA on
the effective date of the transfer. In order to effect the transfer incident to a divorce, the parties must give the
IRA custodian a copy of the court’s order directing how the account must be split, and the custodian may then
split the account or transfer the account accordingly, in a tax-free transfer. The assets in an IRA may be
transferred in a divorce by:
     Name change, where the transfer is executed by changing the name of the IRA owner from that of one
         spouse or former spouse to that of the other; or
     Direct transfer, where the assets in one spouse's IRA are directly transferred or rolled over to a new or
         existing IRA of the other spouse.

Under the U.S. Bankruptcy Code, a state may specify assets which are exempt from creditors’ claims in a
bankruptcy proceeding, and Florida has done so. Florida law provides a number of exemptions for various
retirement related assets, such as IRAs. Florida provides protection against creditor claims for IRA accounts
that are exempt from taxation under s. 408 of the Internal Revenue Code (IRC), and the IRC tax exemption for
an IRA account awarded incident to a divorce provides tax-exempt status for a former spouse’s interest in such
an account at the time the transfer is made, and thereafter. Although there is no current controversy in Florida
regarding the protection afforded an IRA account awarded incident to a divorce, recent bankruptcy court
decisions from other jurisdictions may indicate the need to clarify such protection under Florida law.

HB 649 clarifies that any interest in an IRA awarded or received in a transfer incident to divorce is exempt from
creditors upon being awarded or received and remains exempt from creditors’ claims after the transfer is
complete. The bill applies retroactively to all transfers made incident to divorce.

The bill has an indeterminate fiscal impact on the private sector but does not appear to have a fiscal impact on
state or local government.

The bill is effective upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0649b.IBS
DATE: 2/14/2022
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         The Employee Retirement Income Security Act (ERISA)

         ERISA is a federal law that sets minimum standards for most voluntarily established retirement plans in
         the private industry to provide protection for individuals in those plans.1 ERISA identifies requirements
         for plans for the protection of plan participants.

                  401(k) Plan

         A 401(k) plan is a feature of a qualified profit-sharing plan that allows employees to contribute a portion
         of their wages to individual accounts.2 An employee’s elective contributions are excluded from the
         employee’s taxable income; however, distributions, including earnings, are considered taxable income
         at retirement.

         Individual Retirement Accounts

         An Individual Retirement Account (IRA) is “…a trust created or organized in the United States for the
         exclusive benefit of an individual or his beneficiaries.” 3 An IRA is created by a written document which
         shows that the account meets the following criteria: 4
              The account’s trustee or custodian must be a bank, federally insured credit union, savings and
                 loan association, or other entity approved by the Internal Revenue Service (IRS) to act as such.
              The trustee or custodian generally may not accept contributions in an amount more than the
                 account’s deductible amount for the year, but rollover contributions and employer contributions
                 to a simplified employee pension (SEP) 5 can be more than this amount.
              Contributions, except for rollover contributions, must be in cash.
              The account owner must have a non-forfeitable right to the amount in the account at all times.
              Money in the account cannot be used to buy a life insurance policy.
              Assets in the account cannot be combined with other property, except in a common trust fund or
                 common investment fund.
              The account owner must begin receiving distributions from the account in April of the year after
                 he or she reaches age 70 1/2.6

         An IRA may be a traditional IRA or a Roth IRA. While a traditional IRA allows an account owner to
         make tax deductible contributions into the account and defer being taxed on the income until making




1 U.S. Department of Labor, Employee Retirement Income Security Act (ERISA), https://www.dol.gov/general/topic/retirement/erisa (last

visited Feb. 7, 2022).
2
  Internal Revenue Service, 401(k) Plans, (Sep. 23, 2020), https://www.irs.gov/retirement-plans/401k-plans (last visited Feb. 7, 2022).
3 26 U.S.C. s. 408(a).
4 IRS Publication 590-A, Contrib utions to Individual Retirement Arrangements (IRAs), (2021), https://www.irs.gov/publications/p590a

(last visited Feb. 7, 2022).
5 An SEP is a written arrangement that allows your employer to make deductible contributions to a traditional IRA (an SEP IRA) set up

for the account owner to receive such contributions. Generally, distributions from SEP IRAs are subject to the wit hdrawal and tax rules
that apply to traditional IRAs. Id.
6 The federal Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) became law on December 20,

2019, and made changes to the required minimum distribution rules for IRAs. If you reached the age of 70½ in 2019, the prior rule
applies, and you must take your first required minimum distribution by April 1, 2020. If you reach age 70 ½ in 2020 or later, you must
take your first required minimum distribution by April 1 of the year after you reach age 72. Internal Revenue Service, Retirement Plan
and IRA Required Minimum Distributions FAQs, https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-required-
minimum-distributions (last visited Feb. 14, 2022).
STORAGE NAME: h0649b.IBS                                                                                                         PAGE: 2
DATE: 2/14/2022
         withdrawals after retirement,7 a Roth IRA allows an account owner to make non-tax-deductible
         contributions into the account and make tax-free withdrawals after retirement.8

         An IRA is intended to be the property of its owner and may only be transferred to another person upon
         the owner’s death or incident to divorce in a dissolution of marriage proceeding. When an IRA account
         owner dies, the account may be transferred to a named beneficiary.

         If the beneficiary is not the account owner’s spouse, the IRA is considered an inherited IRA. 9 The
         beneficiary of an inherited IRA:
               May not make contributions to the account;
               Must make withdrawals regardless of his or her age; and
               Is not subject to a penalty for early withdrawals from the account.

         If the beneficiary is the account owner’s spouse, the beneficiary may do one of the following: 10
               Treat the IRA as his or her own IRA by designating himself or herself as the account owner;
               Treat the IRA as his or her own by rolling it over into his or her own IRA, or to the extent it is
                 taxable, into a:
                     o Qualified employer plan;
                     o Qualified employee annuity plan (section 403(a) plan);
                     o Tax-sheltered annuity plan (section 403(b) plan); or
                     o State or local government deferred compensation plan (section 457 plan).
               Treat himself or herself as the beneficiary of the IRA.

         When an IRA is transferred to a spouse or ex-spouse incident to a divorce, the spouse receiving the
         IRA becomes the new owner of the assets in the other spouse's IRA on the effective date of the
         transfer. There is no legal authority for an IRA to be split or transferred until the divorce is finalized, and
         a court order is entered directing how the account must be split. The parties must give the IRA
         custodian a copy of the court’s order, and the custodian may then split the account or transfer the
         account accordingly, in a tax-free transfer. The assets in an IRA may be transferred by:
              Changing the name of the IRA owner from that of one spouse or former spouse to that of the
                 other; or
              Making a direct transfer of the IRA assets or a portion of the assets from one spouse's IRA
                 directly into the other spouse’s new or existing IRA.

         IRA Asset Protection

         A state’s laws may affect an IRA in a case involving a trust, real estate, or a bankruptcy exemption that
         protects the IRA from the claims of creditors. A person may file for bankruptcy to assist in discharging
         debt or committing to a plan to repay debts. All bankruptcy cases are handled in federal courts under
         rules outlined in the U.S. Bankruptcy Code (Code).11 In general, filing for bankruptcy serves two
         purposes: to convert the estate of the debtor into cash and distribute it among creditors; and to give the
         debtor a fresh start by providing certain exemptions and rights to assets that bankruptcy does not
         reach.12 A person may file one of two primary forms of bankruptcy.13 In a proceeding under Chapter 7
         of the Code, a debtor must surrender his or her assets to a trustee who then liquidates the assets and
         distributes all proceeds to the debtor’s creditors.14 A Chapter 13 bankruptcy petition allows a debtor to
         stay creditor actions and propose a plan to pay all creditors, thus rehabilitating the debtor financially.15




7 Id.
8 Id.
9 26 U.S.C. s. 401(a)(9).
10 IRS, supra note 2, at 20.
11 11 U.S.C. s. 101, et seq.
12 9 Am. Jur. 2d Bankruptcy s. 5.
13 An individual may also file a petition under Chapter 11, but such petitions are rare.
14 11 U.S.C. ss. 704 & 726.
15 9 Am Jur. 2d Bankruptcy s. 72.

STORAGE NAME: h0649b.IBS                                                                                         PAGE: 3
DATE: 2/14/2022
         In either a Chapter 7 or Chapter 13 bankruptcy, a debtor may claim certain property as exempt from
         creditors in the bankruptcy proceedings.16 The Code provides many exemptions to protect certain
         assets from creditors’ claims, but under the Code, a state may choose to opt out of these exemptions.17
         If a state chooses to opt out, the federal Code exemptions are not available to debtors within that state,
         unless the state specifically opts in to a Code exemption within state law. A state may also provide
         greater asset protections than the Code.

         Florida is an opt-out state, meaning that when a Florida resident files for bankruptcy or is otherwise
         subject to a creditor’s judgment, Florida law, rather than the federal Code, provides the exemptions
         available to the debtor.18 Florida law provides a number of exemptions for various retirement-related
         assets, such as IRAs and other pension, profit-sharing, and retirement benefits.19 Florida also exempts
         all inherited IRA accounts from creditors’ claims, while the Code does not.20

                     Transfers Incident to Divorce

         Florida provides protection against creditor claims for IRA accounts that are exempt from taxation
         under s. 408 of the Internal Revenue Code (IRC),21 and the IRC tax exemption for an IRA account
         awarded incident to a divorce provides tax-exempt status for a former spouse’s interest in such an
         account at the time the transfer is made, and thereafter.22

         Although there is no current controversy in Florida regarding the protection afforded an IRA account
         awarded incident to a divorce, recent bankruptcy court decisions from other jurisdictions may indicate
         the need to clarify such protection under Florida law. In a 2018 opinion, the U.S. Bankruptcy Appellate
         Court for the Eighth Circuit held that a debtor’s funds must satisfy two requirements to be considered
         exempt retirement funds under the Code:
              The amount must be retirement funds; and
              The retirement funds must be in an account that is exempt from taxation under one of the
                 provisions of the IRC.23

         The Court found that the funds in an IRA account awarded to a transferee spouse incident to his
         divorce years before he filed for chapter 7 bankruptcy, but which he never transferred from his former
         wife’s IRA account or designated himself as the owner of, were not retirement funds for purposes of a
         bankruptcy exemption.24 As such, these funds were subject to creditors’ claims.

         Effect of Proposed Changes

         HB 649 clarifies that any interest in an IRA awarded or received in a transfer incident to divorce is
         exempt from creditors upon being awarded or received and remains exempt from creditors’ claims after
         the transfer is complete.

         The bill provides that it is effective upon becoming a law and applies retroactively to all transfers made
         incident to divorce.

    B. SECTION DIRECTORY:
         Section 1: Amends s. 222.21, F.S., relating to exemption of pension money and certain tax-exempt
                    funds or accounts from legal processes.
         Section 2: Provides that the bill is effective upon becoming a law.


16 11.U.S.C. s. 522.
17 11.U.S.C. ss. 522(b)(3)(A) & (d).
18 S. 222.20, F.S.
19 S. 222.21(2), F.S.
20 S. 222.21(2)(c), F.S.
21 S. 222.21(2), F.S.
22 28 U.S.C. s. 408(d)(6).
23 In re Lerb akken, 590 B.R. 895 (2018); see Clark v. Rameker, 573 U.S. 122 (2014).
24 Lerb akken, 590 B.R. at 897, 898.

STORAGE NAME: h0649b.IBS                                                                                     PAGE: 4
DATE: 2/14/2022
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Indeterminate. The bill may make it more difficult for creditors to access certain interests in IRAs
       transferred pursuant to dissolution of marriage actions.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       Not applicable.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0649b.IBS                                                                                      PAGE: 5
DATE: 2/14/2022
F   L     O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 649                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to transfers in divorce; amending s.
    3               222.21, F.S.; specifying that certain interests
    4               received by a transferee after a divorce are exempt
    5               from claims of creditors upon being awarded to or
    6               received by the transferee; specifying that such
    7               interests remain exempt; providing retroactive
    8               applicability; providing an effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                  Section 1.         Paragraph (c) of subsection (2) of section
13         222.21, Florida Statutes, is amended to read:
14                  222.21        Exemption of pension money and certain tax -exempt
15         funds or accounts from legal processes.—
16                  (2)
17                  (c)         Any money or other assets or any interest in any fund
18         or account that is exempt from claims of creditors of the owner,
19         beneficiary, or participant under paragraph (a) does not cease
20         to be exempt after the owner's death by reason of a direct
21         transfer or eligible rollover that is excluded from gross income
22         under the Internal Revenue Code of 1986, including, but not
23         limited to, a direct transfer or eligible rollover to an
24         inherited individual retirement account as defined in s.
25         408(d)(3) of the Internal Revenue Code of 1986, as amended. An

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0649-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 649                                                                                                2022




26      interest in any fund or account awarded or received in a
27      transfer incident to divorce described in s. 408(d)(6) of the
28      Internal Revenue Code of 1986, as amended, is exempt upon the
29      interest being awarded or received and continues to be exempt
30      thereafter. This paragraph is intended to clarify existing law,
31      is remedial in nature, and shall have retroactive application to
32      all inherited individual retirement accounts and to each
33      transfer incident to divorce without regard to the date an
34      account was created or the transfer was made.
35               Section 2.        This act shall take effect upon becoming a law.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0649-00
HB 1559
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1559 Public Deposits
SPONSOR(S): Harding and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1318

  REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                Hinshelwood         Luczynski

  2) State Administration & Technology Appropriations
     Subcommittee

  3) Commerce Committee


                                                     SUMMARY ANALYSIS

State and local governments are required, unless exempted by law, to deposit public funds in a qualified public
depository (QPD) pursuant to the Florida Security for Public Deposits Act (Act), which is administered by the
Chief Financial Officer (CFO) and the Department of Financial Services (DFS). Before a QPD accepts or
retains a public deposit, it must deposit collateral with an approved custodian in an amount commensurate with
the amount of public deposits held and commensurate with the financial stability of the QPD. Currently, banks,
savings banks, and savings associations are the only types of financial institutions eligible to be a QPD or a
custodian for another QPD’s pledged collateral.

The bill makes the following amendments to the Act:
    Makes state-chartered and federally-chartered credit unions eligible to become QPDs and custodians
        for another QPD’s pledged collateral;
    Provides criteria that a credit union must meet before the CFO can designate a credit union as a QPD;
    Creates separate mutual responsibility and contingent liability provisions for credit unions, in order to
        prevent banks from sharing liability with credit unions in the event of a credit union QPD’s default or
        insolvency, and vice versa; and
    Requires the CFO to segregate and separately account for any collateral proceeds, assessments, or
        administrative penalties attributable to a credit union from those attributable to any bank, savings bank,
        or savings association.

Although there is potential for the bill to have a positive impact on revenues of state government, the bill will
require recurring and non-recurring expenditures. See Fiscal Impact on State Government section. The bill
does not include an appropriation to fund DFS’s implementation and ongoing maintenance of credit unions as
QPDs. The bill has an indeterminate fiscal impact on local governments and the private sector.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1559.IBS
DATE: 2/14/2022
                                                     FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Background

        Public Depositories

        State and local governments are required, unless exempted by law, to deposit public funds in a
        qualified public depository (QPD)1 pursuant to the Florida Security for Public Deposits Act (Act).2 A
        QPD is any bank, savings bank, or savings association that:
             Is organized and exists under the laws of the United States, the laws of this state or any other
                state or territory of the United States (i.e., state or federally chartered);
             Has its principal place of business in this state or has a branch office in this state which is
                authorized under the laws of this state or of the United States to receive deposits in this state;
             Has deposit insurance under the provision of the Federal Deposit Insurance Act, as amended,
                12 U.S.C. ss. 1811 et seq.;
             Has procedures and practices for accurate identification, classification, reporting, and
                collateralization of public deposits;
             Meets all the requirements of the Act; and
             Has been designated by the Chief Financial Officer (CFO) as a QPD.3

        Upon approval by the CFO, these banks, savings banks, and savings associations may accept “public
        deposits”4 from state and local governments. The Act does not permit credit unions to become QPDs,
        due to their absence from the definition of “qualified public depository.” As of January 25, 2022, there
        are 119 active QPDs in this state.5

        Before a QPD accepts or retains a public deposit, it must deposit collateral with an approved custodian
        in an amount commensurate with the amount of public deposits held and commensurate with the
        financial stability of the QPD.6 The Act’s collateral requirements protect public deposits against loss in
        the event of certain triggering events, most notably, a QPD’s insolvency or default. 7 Losses are
        satisfied first through the standard maximum federal deposit insurance of $250,000, 8 and then through
        the CFO’s demand for payment under letters of credit or the sale of collateral pledged or deposited by
        the defaulting QPD. Any shortfall would then be covered by the CFO’s authority to impose assessments
        against the other solvent QPDs, who must agree to share mutual responsibility and contingent liability
        as a condition of acting as a QPD.9

        A “custodian” can be any state or federally chartered bank, savings association, and trust company that
        is approved by the CFO to hold the collateral that QPDs have pledged to secure public deposits. 10
        These are referred to as “regular” custodians. Subject to specified requirements, QPDs also have the
        option to pledge their collateral with custodians who are bound under a custody contract directly with



1 S. 280.03(1)(b),   F.S.
2 Ch. 280, F.S.
3 S. 280.02(26),   F.S.
4 Public deposits include, but are not limited to, time deposit accounts, demand deposit accounts, and nonnegotiable

certificates of deposits, but do not include moneys in deposit notes, securities, mutual funds, and sim ilar investments. S.
280.02(23), F.S.
5 A list of active QPDs is available at: https://myfloridacfo.com/docs-sf/treasury-libraries/treasury-

documents/listofactiveqpds.pdf (last visited Feb. 11, 2022).
6 S. 280.04, F.S. See also ch. 69C-2, F.A.C.
7 S. 280.041(6), F.S.
8 12 U.S.C. § 1821(a)(1)(E).
9 S. 280.07, F.S.
10 Ss. 280.02(10) and 280.041(1)(a), F.S.
STORAGE NAME: h1559.IBS                                                                                               PAGE: 2
DATE: 2/14/2022
        the CFO (“CFO’s custodians”);11 pursuant to an agreement with a Federal Reserve Bank;12 or may use
        a Federal Home Loan Bank letter of credit that names the CFO as beneficiary.13

        DFS oversees the Act’s reporting and collateral pledging requirements through its public deposits
        program and Bureau of Collateral Management.14 The CFO has authority to take action against
        noncompliant QPDs, as well as financial institutions that accept public deposits without a certificate of
        qualification from the CFO. In the event of loss to public depositors, the CFO has authority to oversee
        the payment of losses.

        Regulation of Credit Unions

        Like banks, savings banks, and savings associations, credit unions accept deposits and make loans,
        and can be state-chartered or federally-chartered:
             State-chartered credit unions may be formed under the Florida Credit Union Act (FCUA), which
               became law in 1980.15 The FCUA provides that “[a] credit union is a cooperative, nonprofit
               association, organized . . . for the purposes of encouraging thrift among its members, creating
               sources of credit at fair and reasonable rates of interest, and providing an opportunity for its
               members to use and control their resources on a democratic basis in order to improve their
               economic and social condition.”16 State-chartered credit unions have both a state regulator, the
               Office of Financial Regulation, and a federal regulator, the National Credit Union Association
               (NCUA).
             Federally-chartered credit unions are chartered under the Federal Credit Union Act of 193417
               and are regulated by the NCUA.

        In addition to regulating both state-chartered and federally-chartered credit unions, the NCUA also
        operates and manages the National Credit Union Share Insurance Fund (NCUSIF), which insures
        share (deposit) accounts for members of all federally-chartered credit unions and most state-chartered
        credit unions.18 All state-chartered credit unions operating in Florida must carry NCUSIF insurance. 19
        The standard maximum share insurance amount is $250,000.20

        Effect of Proposed Changes

        The bill makes state-chartered and federally-chartered credit unions eligible to become QPDs and
        custodian for another QPD’s pledged collateral.

        The bill creates s. 280.042, F.S., to provide criteria that a credit union must meet before the CFO can
        designate a credit union as a QPD. These provisions are designed to protect public deposits. The credit
        union is required to submit its agreement of contingent liability and its collateral agreement to the CFO
        and meet the following requirements:
             The credit union must submit a signed statement from a public depositor (i.e., a state or local
                government) indicating that, if the credit union is designated as a QPD, the public depositor
                intends to deposit public funds with the credit union; and
             There are at least four other credit unions that are designated as QPDs or have applied to be
                designated as QPDs and have submitted an agreement of contingent liability, a collateral

11 S. 280.041(1)(c) and (4), F.S.
12 S. 280.041(1)(b)  and (3), F.S.
13 S. 280.041(1)(d) and (5), F.S.
14 Id.
15 Ch. 80-258, Laws of Fla.; codified at ch. 657, F.S.
16 S. 657.003, F.S.
17 Public Law 73-467, codified at 12 U.S.C. § 1751 et seq.
18 Federally-chartered credit unions must be insured through NCUSIF, and state-chartered credit unions may be insured

through NCUSIF, though some state-chartered credit unions may be insured by private insurance or guaranty
corporations. See NCUA, How Your Accounts Are Federally Insured, available at
https://www.ncua.gov/files/publications/guides-manuals/NCUAHowY ourAcctInsured.pdf (last visited Feb. 11, 2022).
19 Ss. 657.005(7), 657.008(5)(a)2., and 657.033(9), F.S.
20 NCUA, supra note 18.
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               agreement, and a signed statement from a public depositor of intent to deposit public funds with
               the credit union.

       The CFO must withdraw from a collateral agreement previously entered into with a credit union if,
       during any 90 calendar days, the combined total of the number of credit unions designated as QPDs
       and the number of eligible credit unions applying to be designated as QPDs is less than five. As a result
       of the CFO’s withdrawal, the credit union loses its designation as a QPD, and must within 10 days after
       the CFO’s notification of such withdrawal, return all public deposits that the credit union holds to the
       public depositor who deposited the funds. Additionally, the CFO may limit the amount of public deposits
       any one credit union may hold in order to make sure that no single credit union holds an amount of
       public deposits that might adversely affect the integrity of the public deposits program.

       In order to prevent credit unions from sharing contingent liability with banks, and vice versa, the bill
       creates separate mutual responsibility and contingent liability provisions for credit unions. Any credit
       union that is designated as a QPD and that is not insolvent must guarantee public depositors against
       loss caused by the default or insolvency of other credit unions that are designated as QPDs. In the
       event of a default or insolvency of a credit union QPD, any loss to public depositors would be satisfied
       through any applicable share insurance and then through demanding payment under letters of credit or
       the sale of collateral pledged or deposited by the defaulting depository. The CFO may assess QPDs,
       subject to the segregation of contingent liability provided in s. 280.07, F.S., for the total loss if the
       demand for payment or sale of collateral cannot be accomplished within 7 business days.

       The bill requires the CFO to segregate and separately account for any collateral proceeds,
       assessments, or administrative penalties attributable to a credit union from those attributable to any
       bank, savings bank, or savings association. Subject to this segregation of funds requirement, the CFO
       is authorized to pay any losses to public depositors from the Public Deposits Trust Fund.

       Lastly, the bill makes conforming changes to allow credit unions to participate in the public deposit
       program and to subject credit union QPDs to the regulatory oversight of the CFO.

   B. SECTION DIRECTORY:
       Section 1.         Amends s. 17.68, F.S., relating to Financial Literacy Program for Individuals with
                          Developmental Disabilities.

       Section 2.         Amends s. 280.02, F.S., relating to definitions.

       Section 3.         Amends s. 280.03, F.S., relating to public deposits to be secured; prohibitions;
                          exemptions.

       Section 4.         Creates s. 280.042, F.S., relating to credit union designations as qualified public
                          depositories; withdrawal by the Chief Financial Officer from collateral agreements;
                          limits on public deposits.

       Section 5.         Amends s. 280.05, F.S., relating to powers and duties of the Chief Financial Officer.

       Section 6.         Amends s. 280.052, F.S., relating to order of suspension or disqualification;
                          procedure.

       Section 7.         Amends s. 280.053, F.S., relating to period of suspension or disqualification;
                          obligations during period; reinstatement.

       Section 8.         Amends s. 280.055, F.S., relating to cease and desist order; corrective order;
                          administrative penalty.

       Section 9.         Amends s. 280.07, F.S., relating to mutual responsibility and contingent liability.

       Section 10.        Amends s. 280.08, F.S., relating to procedure for payment of losses.
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         Section 11.        Amends s. 280.085, F.S., relating to notice to claimants.

         Section 12.        Amends s. 280.09, F.S., relating to Public Deposits Trust Fund.

         Section 13.        Amends s. 280.10, F.S., relating to effect of merger, acquisition, or consolidation;
                            change of name or address.

         Section 14.        Amends s. 280.13, F.S., relating to eligible collateral.

         Section 15.        Amends s. 280.17, F.S., relating to requirements for public depositors; notice to public
                            depositors and governmental units; loss of protection.

         Sections 16-33. Reenacts various sections of statutes to incorporate amendments to ch. 280, F.S.

         Section 34.        Provides an effective date of July 1, 2022.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
            The bill’s impact on state government revenues is indeterminate. However, the potential positive
            impact to revenues of state government is the same as the potential positive impact to revenues of
            local governments. See Fiscal Impact on Local Governments section below.

         2. Expenditures:
            According to DFS, allowing credit unions to be QPDs will require: 21
                $188,650 in non-recurring expenditures for DFS’s Office of Information Technology (OIT) to
                   make:
                       o Significant programming changes to the Collateral Administration Program (CAP), a
                          computer application used to administer Florida’s public deposits program.
                       o Modifications to the Florida Planning Accounting, and Ledger Management (PALM)
                          system to accommodate the required segregated accounting of collateral proceeds,
                          assessments, or administrative penalties attributable to credit unions.
                $5,728 in recurring expenditures for independent ranking service data on credit unions.
                $75,450 in recurring expenditures for one additional Financial Examiner/Analyst II FTE,
                   class code 1564, pay grade 023.

            The cost estimate for OIT changes described above may differ, as the cost of such changes has not
            been evaluated as of the current year.22 The addition of credit unions as QPDs may also require
            additional ongoing OIT support, especially at the outset. 23

            The bill does not include an appropriation to fund DFS’s implementation and ongoing maintenance
            of credit unions as QPDs.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:




21 Department   of Financial Services, Agency Analysis of 2022 House Bill 1559 (Jan. 27, 2022).
22 Id.
23 Id.
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            The bill’s impact on local government revenues is indeterminate. However, a 2014 study by the
            Office of Program Policy Analysis and Government Accountability explained the potential positive
            impact to local government public depositors:

                    Federal and state tax differences between credit unions and banks may allow credit
                    unions a competitive advantage when bidding for local government public deposits.
                    Credit unions may also benefit from lower overhead costs since these institutions may
                    use office space belonging to a sponsoring organization. The combined effect of
                    lower taxes and overhead may allow credit unions to pay higher interest rates for
                    public deposits and to provide other business services to local governments at a
                    lower cost than banks.24

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Allowing credit unions to accept public deposits may generate additional income for the credit unions
        and provide more options for the public depositors. It is unclear what impact the bill will have on
        existing QPDs (banks, savings banks, or savings associations). The bill’s impact on the private sector
        is indeterminate due to the number of variables involved in determining such impact.

    D. FISCAL COMMENTS:
        None.


                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
            Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
            action requiring the expenditures of funds; reduce the authority that counties or municipalities have
            to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
            municipalities.

        2. Other:
          None.

    B. RULE-MAKING AUTHORITY:
        The CFO has rulemaking authority to administer ch. 280, F.S. 25 In order to add credit unions as QPDs,
        rulemaking is necessary to amend ch. 69C-2, F.A.C., and several forms incorporated by reference in
        the rules.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        DFS recommends that the effective date be changed to July 1, 2023.26

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES



24 Office of Program Policy Analysis and Government    Accountability, Issues Related to Credit Unions Operating as
Qualified Public Depositories, Nov. 13, 2014, at 5.
25 S. 280.19, F.S.
26 Department of Financial Services, supra note 21.
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           HB 1559                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to public deposits; amending s. 17.68,
    3                F.S.; providing requirements for credit unions that
    4                are qualified public depositories; requiring the
    5                Department of Financial Services to provide its
    6                brochures to such credit unions upon request; amending
    7                s. 280.02, F.S.; revising definitions; amending s.
    8                280.03, F.S.; providing that public deposits in credit
    9                unions by specified trust departments or trust
10                   companies are exempt from certain requirements and
11                   protection; creating s. 280.042, F.S.; prohibiting the
12                   Chief Financial Officer from designating credit unions
13                   as qualified public depositories unless certain
14                   requirements are met; requiring the Chief Financial
15                   Officer to withdraw from specified collateral
16                   agreements under certain circumstances; prohibiting
17                   credit unions from being designated as qualified
18                   public depositories if the Chief Financial Officer
19                   withdraws from collateral agreements; requiring
20                   specified credit unions to return all public deposits
21                   in the credit unions within a specified timeframe
22                   under certain circumstances; authorizing the Chief
23                   Financial Officer to limit the amount of public
24                   deposits in credit unions for a specified purpose;
25                   amending s. 280.05, F.S.; revising the losses for

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        HB 1559                                                                                               2022




26                which the Chief Financial Officer may sell securities
27                to protect the integrity of the public deposits
28                program; amending s. 280.052, F.S.; providing
29                requirements for the suspension or disqualification of
30                credit unions as qualified public depositories;
31                amending s. 280.053, F.S.; authorizing credit unions
32                to be reinstated, or to reapply for qualification, as
33                qualified public depositories under specified
34                circumstances; amending s. 280.055, F.S.; authorizing
35                the Chief Financial Officer to issue a cease and
36                desist order and a corrective order to credit unions
37                upon certain determinations; providing penalties;
38                amending s. 280.07, F.S.; specifying the losses
39                against which certain solvent banks, savings banks,
40                savings associations, and credit unions must guarantee
41                public depositors; amending s. 280.08, F.S.; revising
42                the Chief Financial Officer's procedures upon a
43                default or insolvency of a qualified public
44                depository; amending s. 280.085, F.S.; revising the
45                exemptions to the notice to claimants upon a default
46                or insolvency of a qualified public depository;
47                amending s. 280.09, F.S.; requiring the Chief
48                Financial Officer to segregate and separately account
49                for certain proceeds, assessments, and administrative
50                penalties; revising the payment of any losses to

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        HB 1559                                                                                               2022




51                public depositors; amending s. 280.10, F.S.; revising
52                the duties and responsibilities of qualified public
53                depositories as a result of specified mergers,
54                acquisitions, or consolidations; amending s. 280.13,
55                F.S.; providing that the limits imposed on specified
56                securities apply to qualified public depositories,
57                rather than to banks and savings associations;
58                amending s. 280.17, F.S.; revising the evidence that
59                public depositors must submit when a qualified public
60                depository is in default or insolvent; reenacting ss.
61                17.57(7)(a), 24.114(1), 125.901(3)(e), 136.01,
62                159.608(11), 175.301, 175.401(8), 185.30, 185.50(8),
63                190.007(3), 191.006(16), 215.34(2), 218.415(16)(c),
64                (17)(c), and (23)(a), 255.502(4)(h), 331.309(1) and
65                (2), 373.553(2), 631.221, and 723.06115(3)(c), F.S.,
66                relating to deposits and investments of state money;
67                bank deposits and control of lottery transactions;
68                children's services and independent special districts;
69                county depositories; powers of housing finance
70                authorities; depositories for pension funds; retiree
71                health insurance subsidies; depositories for
72                retirement funds; retiree health insurance subsidies;
73                board of supervisors; general powers; state funds and
74                noncollectible items; local government investment
75                policies; definitions; treasurer, depositories, and

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         HB 1559                                                                                               2022




 76                fiscal agent; treasurer of the board, payment of
 77                funds, and depositories; deposit of moneys collected;
 78                and the Florida Mobile Home Relocation Trust Fund,
 79                respectively, to incorporate the amendments made by
 80                the act; providing an effective date.
 81
 82      Be It Enacted by the Legislature of the State of Florida:
 83
 84                Section 1.       Subsection (4) of section 17.68, Florida
 85      Statutes, is amended to read:
 86                17.68      Financial Literacy Program for Individuals with
 87      Developmental Disabilities.—
 88                (4)       Within 90 days after the department establishes the
 89      website clearinghouse and publishes the brochure, each bank,
 90      credit union, savings association, and savings bank that is a
 91      qualified public depository as defined in s. 280.02 shall:
 92                (a)       Make copies of the department's brochures available,
 93      upon the request of the consumer, at its principal place of
 94      business and each branch office located in this state which has
 95      in-person teller services by having copies of the brochure
 96      available or having the capability to print a copy of the
 97      brochure from the department's website. Upon request, the
 98      department shall provide copies of the brochure to a bank,
 99      credit union, savings association, or savings bank.
100                (b)       Provide on its website a hyperlink to the department's

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         HB 1559                                                                                               2022




101      website clearinghouse. If the department changes the website
102      address for the clearinghouse, the bank, credit union, savings
103      association, or savings bank must update the hyperlink within 90
104      days after notification by the department of such change.
105                Section 2.        Subsections (6), (10), (21), (23), and (26) of
106      section 280.02, Florida Statutes, are amended to read:
107                280.02       Definitions.—As used in this chapter, the term:
108                (6)        "Capital account" or "tangible equity capital" means
109      total equity capital, as defined on the balance-sheet portion of
110      the Consolidated Reports of Condition and Income (call report),
111      or net worth, as described in the National Credit Union
112      Administration 5300 Call Report, less intangible assets, as
113      submitted to the regulatory financial banking authority.
114                (10)       "Custodian" means the Chief Financial Officer or a
115      bank, credit union, savings association, or trust company that:
116                (a)        Is organized and existing under the laws of this
117      state, any other state, or the United States;
118                (b)        Has executed all forms required under this chapter or
119      any rule adopted hereunder;
120                (c)        Agrees to be subject to the jurisdiction of the courts
121      of this state, or of the courts of the United States which are
122      located within this state, for the purpose of any litigation
123      arising out of this chapter; and
124                (d)        Has been approved by the Chief Financial Officer to
125      act as a custodian.

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         HB 1559                                                                                               2022




126                (21)       "Pool figure" means the total average monthly
127      balances of public deposits held by all banks, savings banks, or
128      savings associations or held separately by all credit unions
129      qualified public depositories during the immediately preceding
130      12-month period.
131                (23)       "Public deposit" means the moneys of the state or of
132      any state university, county, school district, community college
133      district, special district, metropolitan government, or
134      municipality, including agencies, boards, bureaus, comm issions,
135      and institutions of any of the foregoing, or of any court, and
136      includes the moneys of all county officers, including
137      constitutional officers, which are placed on deposit in a bank,
138      credit union, savings bank, or savings association. This
139      includes, but is not limited to, time deposit accounts, demand
140      deposit accounts, and nonnegotiable certificates of deposit.
141      Moneys in deposit notes and in other nondeposit accounts such as
142      repurchase or reverse repurchase operations are not public
143      deposits. Securities, mutual funds, and similar types of
144      investments are not public deposits and are not subject to this
145      chapter.
146                (26)       "Qualified public depository" means a bank, credit
147      union, savings bank, or savings association that:
148                (a)        Is organized and exists under the laws of the United
149      States, or the laws of this state, or the laws of any other
150      state or territory of the United States.

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         HB 1559                                                                                               2022




151                (b)       Has its principal place of business in this state or
152      has a branch office in this state which is authorized under the
153      laws of this state or of the United States to receive deposits
154      in this state.
155                (c)       Is insured by the Federal Deposit Insurance
156      Corporation or the National Credit Union Share Insurance Fund
157      Has deposit insurance pursuant to the Federal Deposit Insurance
158      Act, as amended, 12 U.S.C. ss. 1811 et seq.
159                (d)       Has procedures and practices for accurate
160      identification, classification, reporting, and collateralization
161      of public deposits.
162                (e)       Meets all the requirements of this chapter.
163                (f)       Has been designated by the Chief Financial Officer as
164      a qualified public depository.
165                Section 3.       Paragraph (a) of subsection (3) of section
166      280.03, Florida Statutes, is amended to read:
167                280.03      Public deposits to be secured; prohibitions;
168      exemptions.—
169                (3)       The following are exempt from the requirements of, and
170      protection under, this chapter:
171                (a)       Public deposits deposited in a bank, credit union, or
172      savings association by a trust department or trust company which
173      are fully secured under trust business laws.
174                Section 4.       Section 280.042, Florida Statutes, is created
175      to read:

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         HB 1559                                                                                               2022




176                280.042      Credit union designations as qualified public
177      depositories; withdrawal by the Chief Financial Officer from
178      collateral agreements; limits on public deposits.—
179                (1)       The Chief Financial Officer may not designate a credit
180      union as a qualified public depository unless, at the time the
181      credit union submits its agreement of contingent liability and
182      its collateral agreement:
183                (a)       The credit union submits a signed statement from a
184      public depositor indicating that if the credit union is
185      designated as a qualified public depository, the public
186      depositor intends to deposit public funds with the credit union.
187                (b)       The combined total of the numbers in subparagraphs 1.
188      and 2. is at least four:
189                1.    The number of credit unions designated as qualified
190      public depositories.
191                2.    The number of credit unions that meet all of the
192      following requirements:
193                a.    Apply to be designated as qualified public
194      depositories.
195                b.    Meet the requirements in paragraph (a).
196                (2)       The Chief Financial Officer must withdraw from a
197      collateral agreement previously entered into with a credit union
198      if, during any 90 calendar days, the combined total of the
199      number of credit unions designated as qualified public
200      depositories and the number of eligible credit unions applying

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201      to be designated as qualified public depositories is less than
202      five.
203                (3)        A credit union that is a party to a collateral
204      agreement from which the Chief Financial Officer withdraws in
205      accordance with subsection (2) may no longer be designated as a
206      qualified public depository. Within 10 business days after the
207      Chief Financial Officer notifies the credit union that the Chief
208      Financial Officer has withdrawn from the collateral agreement,
209      the credit union must return all public deposits that the credit
210      union holds to the public depositor who deposited the funds. The
211      notice provided for in this subsection may be sent to a credit
212      union by regular mail or by e-mail.
213                (4)        The Chief Financial Officer may limit the amount of
214      public deposits that a credit union may hold in order to make
215      sure that no single credit union holds an amount of public
216      deposits that might adversely affect the integrity of the public
217      deposits program.
218                Section 5.        Subsection (11) of section 280.05, Florida
219      Statutes, is amended to read:
220                280.05       Powers and duties of the Chief Financial Officer.—
221      In fulfilling the requirements of this act, the Chief Financial
222      Officer has the power to take the following actions he or she
223      deems necessary to protect the integrity of the publi c deposits
224      program:
225                (11)       Sell securities for the purpose of paying losses to

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226      public depositors not covered by deposit or share insurance.
227                Section 6.       Subsection (1) of section 280.052, Florida
228      Statutes, is amended to read:
229                280.052       Order of suspension or disqualification;
230      procedure.—
231                (1)       The suspension or disqualification of a bank, credit
232      union, or savings association as a qualified public depository
233      must be by order of the Chief Financial Officer and must be
234      mailed to the qualified public depository by registered or
235      certified mail.
236                Section 7.       Paragraph (c) of subsection (1) and paragraph
237      (c) of subsection (2) of section 280.053, Florida Statutes, are
238      amended to read:
239                280.053       Period of suspension or disqualification;
240      obligations during period; reinstatement.—
241                (1)
242                (c)       Upon expiration of the suspension period, the bank ,
243      credit union, or savings association may, by order of the Chief
244      Financial Officer, be reinstated as a qualified public
245      depository, unless the cause of the suspension has not been
246      corrected or the bank, credit union, or savings association is
247      otherwise not in compliance with this chapter or any rule
248      adopted pursuant to this chapter.
249                (2)
250                (c)       Upon expiration of the disqualification period, the

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251      bank, credit union, or savings association may reapply for
252      qualification as a qualified public depository. If a
253      disqualified bank, credit union, or savings association is
254      purchased or otherwise acquired by new owners, it may reapply to
255      the Chief Financial Officer to be a qualified public depository
256      before prior to the expiration date of the disqualification
257      period. Redesignation as a qualified public depository may occur
258      only after the Chief Financial Officer has determined that all
259      requirements for holding public deposits under the law have been
260      met.
261                Section 8.       Section 280.055, Florida Statutes, is amended
262      to read:
263                280.055      Cease and desist order; corrective order;
264      administrative penalty.—
265                (1)       The Chief Financial Officer may issue a cease and
266      desist order and a corrective order upon determining that:
267                (a)       A qualified public depository has requested and
268      obtained a release of pledged collateral without approval of the
269      Chief Financial Officer;
270                (b)       A bank, credit union, savings association, or other
271      financial institution is holding public deposits without a
272      certificate of qualification issued by the Chief Financial
273      Officer;
274                (c)       A qualified public depository pledges, deposits, or
275      arranges for the issuance of unacceptable collateral;

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276                (d)       A custodian has released pledged collateral without
277      approval of the Chief Financial Officer;
278                (e)       A qualified public depository or a custodian has not
279      furnished to the Chief Financial Officer, when the Chief
280      Financial Officer requested, a power of attorney or bond power
281      or bond assignment form required by the bond agent or bond
282      trustee for each issue of registered certificated securities
283      pledged and registered in the name, or nominee name, of the
284      qualified public depository or custodian; or
285                (f)       A qualified public depository; a bank, credit union,
286      savings association, or other financial institution; or a
287      custodian has committed any other violation of this chapter or
288      any rule adopted pursuant to this chapter that the Chief
289      Financial Officer determines may be remedied by a cease and
290      desist order or corrective order.
291                (2)       Any qualified public depository or other bank, credit
292      union, savings association, or financial institution or
293      custodian that violates a cease and desist order or corrective
294      order of the Chief Financial Officer is subject to an
295      administrative penalty not exceeding $1,000 for each violation
296      of the order. Each day the violation of the order continues
297      constitutes a separate violation.
298                Section 9.       Section 280.07, Florida Statutes, is amended to
299      read:
300                280.07      Mutual responsibility and contingent liability.—

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301                (1)       A Any bank, savings bank, or savings association that
302      is designated as a qualified public depository and that is not
303      insolvent shall guarantee public depositors against loss caused
304      by the default or insolvency of other banks, savings banks, or
305      savings associations that are designated as qualified public
306      depositories.
307                (2)       A credit union that is designated as a qualified
308      public depository and that is not insolvent shall guarantee
309      public depositors against loss caused by the default or
310      insolvency of other credit unions that are designated as
311      qualified public depositories.
312
313      Each qualified public depository shall execute a form prescribed
314      by the Chief Financial Officer for such guarantee which must
315      shall be approved by the board of directors and must shall
316      become an official record of the institution.
317                Section 10.          Subsections (1) and (3) of section 280.08,
318      Florida Statutes, are amended to read:
319                280.08      Procedure for payment of losses.—When the Chief
320      Financial Officer determines that a default or insolvency has
321      occurred, he or she shall provide notice as required in s.
322      280.085 and implement the following procedures:
323                (1)       The Division of Treasury, in cooperation with the
324      Office of Financial Regulation of the Financial Ser vices
325      Commission or the receiver of the qualified public depository in

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326      default, shall ascertain the amount of funds of each public
327      depositor on deposit at such depository and the amount of
328      deposit or share insurance applicable to such deposits.
329                (3)(a)      The loss to public depositors shall be satisfied,
330      insofar as possible, first through any applicable deposit or
331      share insurance and then through demanding payment under letters
332      of credit or the sale of collateral pledged or deposited by the
333      defaulting depository. The Chief Financial Officer may assess
334      qualified public depositories as provided in paragraph (b) ,
335      subject to the segregation of contingent liability in s. 280.07,
336      for the total loss if the demand for payment or sale of
337      collateral cannot be accomplished within 7 business days.
338                (b)       The Chief Financial Officer shall provide coverage of
339      any remaining loss by assessment against the other qualified
340      public depositories. The Chief Financial Officer shall determine
341      such assessment for each qualified public depository by
342      multiplying the total amount of any remaining loss to all public
343      depositors by a percentage which represents the average monthly
344      balance of public deposits held by each qualified public
345      depository during the previous 12 months divided by the total
346      average monthly balances of public deposits held by all
347      qualified public depositories, excluding the defaulting
348      depository, during the same period. The assessment calculation
349      must shall be computed to six decimal places.
350                Section 11.          Subsection (4) of section 280.085, Florida

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351      Statutes, is amended, and subsection (1) of that section is
352      republished, to read:
353                280.085      Notice to claimants.—
354                (1)       Upon determining the default or insolvency of a
355      qualified public depository, the Chief Financial Officer shall
356      notify, by first-class mail, all public depositors that have
357      complied with s. 280.17 of such default or insolvency. The
358      notice must direct all public depositors having claims or
359      demands against the Public Deposits Trust Fund occasioned by the
360      default or insolvency to file their claims with the Chief
361      Financial Officer within 30 days after the date of the notice.
362                (4)       The notice required in subsection (1) is not required
363      if the default or insolvency of a qualified public depository is
364      resolved in a manner in which all Florida public deposits are
365      acquired by another insured bank, credit union, savings bank, or
366      savings association.
367                Section 12.          Section 280.09, Florida Statutes, is amended
368      to read:
369                280.09      Public Deposits Trust Fund.—
370                (1)       In order to facilitate the administration of this
371      chapter, there is created the Public Deposits Trust Fund,
372      hereafter in this section designated "the fund." The proceeds
373      from the sale of securities or draw on letters of credit held as
374      collateral or from any assessment pursuant to s. 280.08 must
375      shall be deposited into the fund. The Chief Financial Officer

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376      must segregate and separately account for any collateral
377      proceeds, assessments, or administrative penalties attributable
378      to a credit union from any collateral proceeds, assessments, or
379      administrative penalties attributable to any bank, savings bank,
380      or savings association. Any administrative penalty collected
381      pursuant to this chapter shall be deposited into the Treasury
382      Administrative and Investment Trust Fund.
383                (2)       The Chief Financial Officer is authorized to pay any
384      losses to public depositors from the fund, subject to the
385      limitations provided in subsection (1), and there are hereby
386      appropriated from the fund such sums as may be necessary from
387      time to time to pay the losses. The term "losses," for purposes
388      of this chapter, must shall also include losses of interest or
389      other accumulations to the public depositor as a result of
390      penalties for early withdrawal required by Depository
391      Institution Deregulatory Commission Regulations or applicable
392      successor federal laws or regulations because of suspension or
393      disqualification of a qualified public depository by the Chief
394      Financial Officer pursuant to s. 280.05 or because of withdrawal
395      from the public deposits program pursuant to s. 280.11. In that
396      event, the Chief Financial Officer is authorized to assess
397      against the suspended, disqualified, or withdrawing public
398      depository, in addition to any amount authorized by any other
399      provision of this chapter, an administrative penalty equal to
400      the amount of the early withdrawal penalty and to pay that

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401      amount over to the public depositor as reimbursement for such
402      loss. Any money in the fund estimated not to be needed for
403      immediate cash requirements shall be invested pursuant to s.
404      17.61.
405                Section 13.          Subsections (1) and (3) of section 280.10,
406      Florida Statutes, are amended to read:
407                280.10      Effect of merger, acquisition, or consolidation;
408      change of name or address.—
409                (1)       When a qualified public depository is merged into,
410      acquired by, or consolidated with a bank, credit union, savings
411      bank, or savings association that is not a qualified public
412      depository:
413                (a)       The resulting institution shall automatically become a
414      qualified public depository subject to the requirements of the
415      public deposits program.
416                (b)       The contingent liability of the former institution
417      shall be a liability of the resulting institution.
418                (c)       The public deposits and associated collateral of the
419      former institution shall be public deposits and collateral of
420      the resulting institution.
421                (d)       The resulting institution shall, within 90 calendar
422      days after the effective date of the merger, acquisition, or
423      consolidation, deliver to the Chief Financial Officer:
424                1.    Documentation in its name as required for participation
425      in the public deposits program; or

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426                2.    Written notice of intent to withdraw from the program
427      as provided in s. 280.11 and a proposed effective date of
428      withdrawal which shall be within 180 days after the effective
429      date of the acquisition, merger, or consolidation of the former
430      institution.
431                (e)       If the resulting institution does not meet
432      qualifications to become a qualified public depository or does
433      not submit required documentation within 90 calendar days after
434      the effective date of the merger, acquisition, or consolidation,
435      the Chief Financial Officer shall initiate mandatory withdrawal
436      actions as provided in s. 280.11 and shall set an effective date
437      of withdrawal that is within 180 days after the effective date
438      of the acquisition, merger, or consolidation of the former
439      institution.
440                (3)       If the default or insolvency of a qualified public
441      depository results in acquisition of all or part of its Florida
442      public deposits by a bank, credit union, savings bank, or
443      savings association that is not a qualified public depository,
444      the bank, credit union, savings bank, or savings association
445      acquiring the Florida public deposits is subject to subsection
446      (1).
447                Section 14.          Subsection (1) of section 280.13, Florida
448      Statutes, is amended to read:
449                280.13      Eligible collateral.—
450                (1)       Securities eligible to be pledged as collateral by

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451      qualified public depositories banks and savings associations
452      shall be limited to:
453                (a)       Direct obligations of the United States Government.
454                (b)       Obligations of any federal agency that are fully
455      guaranteed as to payment of principal and interest by the United
456      States Government.
457                (c)       Obligations of the following federal agencies:
458                1.    Farm credit banks.
459                2.    Federal land banks.
460                3.    The Federal Home Loan Bank and its district banks.
461                4.    Federal intermediate credit banks.
462                5.    The Federal Home Loan Mortgage Corporation.
463                6.    The Federal National Mortgage Association.
464                7.    Obligations guaranteed by the Government National
465      Mortgage Association.
466                (d)       General obligations of a state of the United States,
467      or of Puerto Rico, or of a political subdivision or municipality
468      thereof.
469                (e)       Obligations issued by the Florida State Board of
470      Education under authority of the State Constitution or
471      applicable statutes.
472                (f)       Tax anticipation certificates or warrants of counties
473      or municipalities having maturities not exceeding 1 year.
474                (g)       Public housing authority obligations.
475                (h)       Revenue bonds or certificates of a state of the United

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476      States or of a political subdivision or municipality thereof.
477                (i)       Corporate bonds of any corporation that is not an
478      affiliate or subsidiary of the qualified public depository.
479                Section 15.          Paragraph (b) of subsection (4) of section
480      280.17, Florida Statutes, is amended to read:
481                280.17      Requirements for public depositors; notice to
482      public depositors and governmental units; loss of protection.—In
483      addition to any other requirement specified in this chapter,
484      public depositors shall comply with the following:
485                (4)       If public deposits are in a qualified public
486      depository that has been declared to be in default or insolvent,
487      each public depositor shall:
488                (b)       Submit to the Chief Financial Officer for each public
489      deposit, within 30 days after the date of official notification
490      from the Chief Financial Officer, the following:
491                1.    A claim form and agreement, as prescribed by the Chief
492      Financial Officer, executed under oath, accompanied by proof of
493      authority to execute the form on behalf of the public depositor.
494                2.    A completed public deposit identification and
495      acknowledgment form, as described in subsection (2).
496                3.    Evidence of the insurance afforded the deposit pursuant
497      to the Federal Deposit Insurance Act or the Federal Credit Union
498      Act, as appropriate.
499                Section 16.          For the purpose of incorporating the amendment
500      made by this act to section 280.02, Florida Statutes, in a

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501      reference thereto, paragraph (a) of subsection (7) of section
502      17.57, Florida Statutes, is reenacted to read:
503                17.57      Deposits and investments of state money.—
504                (7)       In addition to the deposits authorized under this
505      section and notwithstanding any other provisions of law, funds
506      that are not needed to meet the disbursement needs of the state
507      may be deposited by the Chief Financial Officer in accordance
508      with the following conditions:
509                (a)       The funds are initially deposited in a qualified
510      public depository, as defined in s. 280.02, selected by the
511      Chief Financial Officer.
512                Section 17.          For the purpose of incorporating the amendment
513      made by this act to section 280.02, Florida Statutes, in a
514      reference thereto, subsection (1) of section 24.114, Florida
515      Statutes, is reenacted to read:
516                24.114      Bank deposits and control of lottery transactions. —
517                (1)       All moneys received by each retailer from the
518      operation of the state lottery, including, but not limited to,
519      all ticket sales, interest, gifts, and donations, l ess the
520      amount retained as compensation for the sale of the tickets and
521      the amount paid out as prizes, shall be remitted to the
522      department or deposited in a qualified public depository, as
523      defined in s. 280.02, as directed by the department. The
524      department shall have the responsibility for all administrative
525      functions related to the receipt of funds. The department may

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526      also require each retailer to file with the department reports
527      of the retailer's receipts and transactions in the sale of
528      lottery tickets in such form and containing such information as
529      the department may require. The department may require any
530      person, including a qualified public depository, to perform any
531      function, activity, or service in connection with the operation
532      of the lottery as it may deem advisable pursuant to this act and
533      rules of the department, and such functions, activities, or
534      services shall constitute lawful functions, activities, and
535      services of such person.
536                Section 18.         For the purpose of incorporating the amendment
537      made by this act to section 280.02, Florida Statutes, in a
538      reference thereto, paragraph (e) of subsection (3) of section
539      125.901, Florida Statutes, is reenacted to read:
540                125.901     Children's services; independent special district;
541      council; powers, duties, and functions; public records
542      exemption.—
543                (3)
544                (e)1.     All moneys received by the council on children's
545      services shall be deposited in qualified public depositories, as
546      defined in s. 280.02, with separate and distinguishable accounts
547      established specifically for the council and shall be withdrawn
548      only by checks signed by the chair of the council and
549      countersigned by either one other member of the council on
550      children's services or by a chief executive officer who shall be

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551      so authorized by the council.
552                2.    Upon entering the duties of office, the chair and the
553      other member of the council or chief executive officer who signs
554      its checks shall each give a surety bond in the sum of at least
555      $1,000 for each $1 million or portion thereof of the council's
556      annual budget, which bond shall be conditioned that each shall
557      faithfully discharge the duties of his or her office. The
558      premium on such bond may be paid by the district as part of the
559      expense of the council. No other member of the council shall be
560      required to give bond or other security.
561                3.    No funds of the district shall be expended except by
562      check as aforesaid, except expenditures from a petty cash
563      account which shall not at any time exceed $100. All
564      expenditures from petty cash shall be recorded on the books and
565      records of the council on children's services. No funds of the
566      council on children's services, excepting expenditures from
567      petty cash, shall be expended without prior approval of the
568      council, in addition to the budgeting thereof.
569                Section 19.         For the purpose of incorporating the amendment
570      made by this act to section 280.02, Florida Statutes, in a
571      reference thereto, section 136.01, Florida Statutes, is
572      reenacted to read:
573                136.01     County depositories.—Each county depository shall
574      be a qualified public depository as defined in s. 280.02 for the
575      following funds: county funds; funds of all county officers,

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576      including constitutional officers; funds of the school board;
577      and funds of the community college district board of trustees.
578      This enumeration of funds is made not by way of limitation, but
579      of illustration; and it is the intent hereof that all funds of
580      the county, the board of county commissioners or the several
581      county officers, the school board, or the community college
582      district board of trustees be included.
583                Section 20.          For the purpose of incorporating the amendment
584      made by this act to section 280.02, Florida Statutes, in a
585      reference thereto, subsection (11) of section 159.608, Florida
586      Statutes, is reenacted to read:
587                159.608       Powers of housing finance authorities.—A housing
588      finance authority shall constitute a public body corporate and
589      politic, exercising the public and essential governmental
590      functions set forth in this act, and shall exercise its power to
591      borrow only for the purpose as provided herein:
592                (11)       To invest and reinvest surplus funds of the housing
593      finance authority in accordance with s. 218.415. However, in
594      addition to the investments expressly authorized in s.
595      218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
596      may invest surplus funds in interest-bearing time deposits or
597      savings accounts that are fully insured by the Federal Deposit
598      Insurance Corporation regardless of whether the bank or
599      financial institution in which the deposit or investment is made
600      is a qualified public depository as defined in s. 280.02. This

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601      subsection is supplementary to and may not be construed as
602      limiting any powers of a housing finance authority or providing
603      or implying a limiting construction of any other statutory
604      provision.
605                Section 21.         For the purpose of incorporating the amendment
606      made by this act to section 280.02, Florida Statutes, in a
607      reference thereto, section 175.301, Florida Statutes, is
608      reenacted to read:
609                175.301     Depository for pension funds.—For any
610      municipality, special fire control district, chapter plan, local
611      law municipality, local law special fire control district, or
612      local law plan under this chapter, all funds of the
613      firefighters' pension trust fund of any chapter plan or local
614      law plan under this chapter may be deposited by the b oard of
615      trustees with the treasurer of the municipality or special fire
616      control district, acting in a ministerial capacity only, who
617      shall be liable in the same manner and to the same extent as he
618      or she is liable for the safekeeping of funds for the
619      municipality or special fire control district. However, any
620      funds so deposited with the treasurer of the municipality or
621      special fire control district shall be kept in a separate fund
622      by the treasurer or clearly identified as such funds of the
623      firefighters' pension trust fund. In lieu thereof, the board of
624      trustees shall deposit the funds of the firefighters' pension
625      trust fund in a qualified public depository as defined in s.

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626      280.02, which depository with regard to such funds shall conform
627      to and be bound by all of the provisions of chapter 280.
628                Section 22.          For the purpose of incorporating the amendment
629      made by this act to section 280.02, Florida Statutes, in
630      references thereto, subsection (8) of section 175.401, Florida
631      Statutes, is reenacted to read:
632                175.401      Retiree health insurance subsidy.—For any
633      municipality, special fire control district, chapter plan, local
634      law municipality, local law special fire control district, or
635      local law plan under this chapter, under the broad grant of home
636      rule powers under the Florida Constitution and chapter 166,
637      municipalities have the authority to establish and administer
638      locally funded health insurance subsidy programs. In addition,
639      special fire control districts may, by resolution, establish and
640      administer locally funded health insurance subsidy programs.
641      Pursuant thereto:
642                (8)       DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.—All funds
643      of the health insurance subsidy fund may be deposited by the
644      board of trustees with the treasurer of the municipality or
645      special fire control district, acting in a ministerial capacity
646      only, who shall be liable in the same manner and to the same
647      extent as he or she is liable for the safekeeping of funds for
648      the municipality or special fire control district. Any funds so
649      deposited shall be segregated by the treasurer in a separate
650      fund, clearly identified as funds of the health insurance

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651      subsidy fund. In lieu thereof, the board of trustees shall
652      deposit the funds of the health insurance subsidy fund in a
653      qualified public depository as defined in s. 280.02, which shall
654      conform to and be bound by the provisions of chapter 280 with
655      regard to such funds. In no case shall the funds of the health
656      insurance subsidy fund be deposited in any financial
657      institution, brokerage house trust company, or other en tity that
658      is not a public depository as provided by s. 280.02.
659                Section 23.         For the purpose of incorporating the amendment
660      made by this act to section 280.02, Florida Statutes, in a
661      reference thereto, section 185.30, Florida Statutes, is
662      reenacted to read:
663                185.30     Depository for retirement fund.—For any
664      municipality, chapter plan, local law municipality, or local law
665      plan under this chapter, all funds of the municipal police
666      officers' retirement trust fund of any municipality, chapter
667      plan, local law municipality, or local law plan under this
668      chapter may be deposited by the board of trustees with the
669      treasurer of the municipality acting in a ministerial capacity
670      only, who shall be liable in the same manner and to the same
671      extent as he or she is liable for the safekeeping of funds for
672      the municipality. However, any funds so deposited with the
673      treasurer of the municipality shall be kept in a separate fund
674      by the municipal treasurer or clearly identified as such funds
675      of the municipal police officers' retirement trust fund. In lieu

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676      thereof, the board of trustees shall deposit the funds of the
677      municipal police officers' retirement trust fund in a qualified
678      public depository as defined in s. 280.02, which depository with
679      regard to such funds shall conform to and be bound by all of the
680      provisions of chapter 280.
681                Section 24.          For the purpose of incorporating the amendment
682      made by this act to section 280.02, Florida Statutes, in
683      references thereto, subsection (8) of section 185.50, Florida
684      Statutes, is reenacted to read:
685                185.50      Retiree health insurance subsidy.—For any
686      municipality, chapter plan, local law municipality, or local law
687      plan under this chapter, under the broad grant of home rule
688      powers under the Florida Constitution and chapter 166,
689      municipalities have the authority to establish and administer
690      locally funded health insurance subsidy programs. Pursuant
691      thereto:
692                (8)       DEPOSIT OF PENSION FUNDS.—All funds of the health
693      insurance subsidy fund may be deposited by the board of trustees
694      with the treasurer of the municipality, acting in a ministerial
695      capacity only, who shall be liable in the same manner and to the
696      same extent as he or she is liable for the safekeeping of funds
697      for the municipality. Any funds so deposited shall be segregated
698      by said treasurer in a separate fund, clearly identified as
699      funds of the health insurance subsidy fund. In lieu thereof, the
700      board of trustees shall deposit the funds of the health

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701      insurance subsidy fund in a qualified public depository as
702      defined in s. 280.02, which shall conform to and be bound by the
703      provisions of chapter 280 with regard to such funds. In no case
704      shall the funds of the health insurance subsidy fund be
705      deposited in any financial institution, brokerage house trust
706      company, or other entity that is not a public depository as
707      provided by s. 280.02.
708                Section 25.          For the purpose of incorporating the amendment
709      made by this act to section 280.02, Florida Statutes, in a
710      reference thereto, subsection (3) of section 190.007, Florida
711      Statutes, is reenacted to read:
712                190.007      Board of supervisors; general duties.—
713                (3)       The board is authorized to select as a depository for
714      its funds any qualified public depository as defined in s.
715      280.02 which meets all the requirements of chapter 280 and has
716      been designated by the Chief Financial Officer as a qualified
717      public depository, upon such terms and conditions as to the
718      payment of interest by such depository upon the funds so
719      deposited as the board may deem just and reasonable.
720                Section 26.          For the purpose of incorporating the amendment
721      made by this act to section 280.02, Florida Statutes, in a
722      reference thereto, subsection (16) of section 191.006, Florida
723      Statutes, is reenacted to read:
724                191.006      General powers.—The district shall have, and the
725      board may exercise by majority vote, the following powers:

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726                (16)       To select as a depository for its funds any qualified
727      public depository as defined in s. 280.02 which meets all the
728      requirements of chapter 280 and has been designated by the Chief
729      Financial Officer as a qualified public depository, upon such
730      terms and conditions as to the payment of interest upon the
731      funds deposited as the board deems just and reasonable.
732                Section 27.           For the purpose of incorporating the amendment
733      made by this act to section 280.02, Florida Statutes, in a
734      reference thereto, subsection (2) of section 215.34, Florida
735      Statutes, is reenacted to read:
736                215.34       State funds; noncollectible items; procedure. —
737                (2)        Whenever a check, draft, or other order for the
738      payment of money is returned by the Chief Financial Officer, or
739      by a qualified public depository as defined in s. 280.02, to a
740      state officer, a state agency, or the judicial branch for
741      collection, the officer, agency, or judicial branch shall add to
742      the amount due a service fee of $15 or 5 percent of t he face
743      amount of the check, draft, or order, whichever is greater. An
744      agency or the judicial branch may adopt a rule which prescribes
745      a lesser maximum service fee, which shall be added to the amount
746      due for the dishonored check, draft, or other order tend ered for
747      a particular service, license, tax, fee, or other charge, but in
748      no event shall the fee be less than $15. The service fee shall
749      be in addition to all other penalties imposed by law, except
750      that when other charges or penalties are imposed by an age ncy

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         HB 1559                                                                                               2022




751      related to a noncollectible item, the amount of the service fee
752      shall not exceed $150. Proceeds from this fee shall be deposited
753      in the same fund as the collected item. Nothing in this section
754      shall be construed as authorization to deposit moneys outside
755      the State Treasury unless specifically authorized by law.
756                Section 28.         For the purpose of incorporating the amendment
757      made by this act to section 280.02, Florida Statutes, in
758      references thereto, paragraph (c) of subsection (16), paragraph
759      (c) of subsection (17), and paragraph (a) of subsection (23) of
760      section 218.415, Florida Statutes, are reenacted to read:
761                218.415     Local government investment policies.—Investment
762      activity by a unit of local government must be consistent with a
763      written investment plan adopted by the governing body, or in the
764      absence of the existence of a governing body, the respective
765      principal officer of the unit of local government and maintained
766      by the unit of local government or, in the alternative, such
767      activity must be conducted in accordance with subsection (17).
768      Any such unit of local government shall have an investment
769      policy for any public funds in excess of the amounts needed to
770      meet current expenses as provided in subsections (1)-(16), or
771      shall meet the alternative investment guidelines contained in
772      subsection (17). Such policies shall be structured to place the
773      highest priority on the safety of principal and liquidity of
774      funds. The optimization of investment returns shall be secondary
775      to the requirements for safety and liquidity. Each unit of local

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         HB 1559                                                                                               2022




776      government shall adopt policies that are commensurate with the
777      nature and size of the public funds within its custody.
778                (16)       AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLICIES. —
779      Those units of local government electing to adopt a written
780      investment policy as provided in subsections (1)-(15) may by
781      resolution invest and reinvest any surplus public funds in their
782      control or possession in:
783                (c)        Interest-bearing time deposits or savings accounts in
784      qualified public depositories as defined in s. 280.02.
785                (17)       AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT
786      POLICY.—Those units of local government electing not to adopt a
787      written investment policy in accordance with investment policies
788      developed as provided in subsections (1)-(15) may invest or
789      reinvest any surplus public funds in their control or possession
790      in:
791                (c)        Interest-bearing time deposits or savings accounts in
792      qualified public depositories, as defined in s. 280.02.
793
794      The securities listed in paragraphs (c) and (d) shall be
795      invested to provide sufficient liquidity to pay obligations as
796      they come due.
797                (23)       AUTHORIZED DEPOSITS.—In addition to the investments
798      authorized for local governments in subsections (16) and (17)
799      and notwithstanding any other provisions of law, a unit of l ocal
800      government may deposit any portion of surplus public funds in

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801      its control or possession in accordance with the following
802      conditions:
803                (a)       The funds are initially deposited in a qualified
804      public depository, as defined in s. 280.02, selected by the uni t
805      of local government.
806                Section 29.          For the purpose of incorporating the amendment
807      made by this act to section 280.02, Florida Statutes, in a
808      reference thereto, paragraph (h) of subsection (4) of section
809      255.502, Florida Statutes, is reenacted to read:
810                255.502      Definitions; ss. 255.501-255.525.—As used in this
811      act, the following words and terms shall have the following
812      meanings unless the context otherwise requires:
813                (4)       "Authorized investments" means and includes without
814      limitation any investment in:
815                (h)       Savings accounts in, or certificates of deposit of,
816      qualified public depositories as defined in s. 280.02, in an
817      amount that does not exceed 15 percent of the net worth of the
818      institution, or a lesser amount as determined by rule by the
819      State Board of Administration, provided such savings accounts
820      and certificates of deposit are secured in the manner prescribed
821      in chapter 280.
822
823      Investments in any security authorized in this subsection may be
824      under repurchase agreements or reverse repurchase agreements .
825                Section 30.          For the purpose of incorporating the amendment

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         HB 1559                                                                                               2022




826      made by this act to section 280.02, Florida Statutes, in
827      references thereto, subsections (1) and (2) of section 331.309,
828      Florida Statutes, are reenacted to read:
829                331.309      Treasurer; depositories; fiscal agent.—
830                (1)       The board shall designate an individual who is a
831      resident of the state, or a qualified public depository as
832      defined in s. 280.02, as treasurer of Space Florida, who shall
833      have charge of the funds of Space Florida. Such funds shal l be
834      disbursed only upon the order of or pursuant to the resolution
835      of the board by warrant, check, authorization, or direct deposit
836      pursuant to s. 215.85, signed or authorized by the treasurer or
837      his or her representative or by such other persons as may be
838      authorized by the board. The board may give the treasurer such
839      other or additional powers and duties as the board may deem
840      appropriate and shall establish the treasurer's compensation.
841      The board may require the treasurer to give a bond in such
842      amount, on such terms, and with such sureties as may be deemed
843      satisfactory to the board to secure the performance by the
844      treasurer of his or her powers and duties. The board shall audit
845      or have audited the books of the treasurer at least once a year.
846                (2)       The board is authorized to select as depositories in
847      which the funds of the board and of Space Florida shall be
848      deposited any qualified public depository as defined in s.
849      280.02, upon such terms and conditions as to the payment of
850      interest by such depository upon the funds so deposited as the

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         HB 1559                                                                                               2022




851      board may deem just and reasonable. The funds of Space Florida
852      may be kept in or removed from the State Treasury upon written
853      notification from the chair of the board to the Chief Financial
854      Officer.
855                Section 31.          For the purpose of incorporating the amendment
856      made by this act to section 280.02, Florida Statutes, in a
857      reference thereto, subsection (2) of section 373.553, Florida
858      Statutes, is reenacted to read:
859                373.553      Treasurer of the board; payment of funds;
860      depositories.—
861                (2)       The board is authorized to select as depositories in
862      which the funds of the board and of the district shall be
863      deposited in any qualified public depository as defined in s.
864      280.02, and such deposits shall be secured in the manner
865      provided in chapter 280.
866                Section 32.          For the purpose of incorporating the amendment
867      made by this act to section 280.02, Florida Statutes, in a
868      reference thereto, section 631.221, Florida Statutes, is
869      reenacted to read:
870                631.221      Deposit of moneys collected.—The moneys collected
871      by the department in a proceeding under this chapter shall be
872      deposited in a qualified public depository as defined in s.
873      280.02, which depository with regards to such funds shall
874      conform to and be bound by all the provisions of chapter 280, or
875      invested with the Chief Financial Officer pursuant to chapter

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         HB 1559                                                                                               2022




876      18. For the purpose of accounting for the assets and
877      transactions of the estate, the receiver shall use such
878      accounting books, records, and systems as the court directs
879      after it hears and considers the recommendations of the
880      receiver.
881                Section 33.          For the purpose of incorporating the amendment
882      made by this act to section 280.02, Florida Statutes, in a
883      reference thereto, paragraph (c) of subsection (3) of section
884      723.06115, Florida Statutes, is reenacted to read:
885                723.06115        Florida Mobile Home Relocation Trust Fund. —
886                (3)       The department shall distribute moneys in the Florida
887      Mobile Home Relocation Trust Fund to the Florida Mobile Home
888      Relocation Corporation in accordance with the following:
889                (c)       Funds transferred from the trust fund to the
890      corporation shall be transferred electronically and shall be
891      transferred to and maintained in a qualified public depository
892      as defined in s. 280.02 which is specified by the corporation.
893                Section 34.          This act shall take effect July 1, 2022.




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