Florida Statutes 218.407 – Local government investment authority
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(1) Prior to any determination by the governing body that it is in the interest of the unit of local government to deposit surplus funds in the trust fund, the board or a professional money management firm must provide to the governing body enrollment materials, including a trust fund profile containing impartial educational information describing the administration and investment policy of the trust fund, including, but not limited to:
(a) All rights and conditions of participation, including potential restrictions on withdrawals.
Terms Used In Florida Statutes 218.407
- Board: means the State Board of Administration. See Florida Statutes 218.403
- Governing body: means the body or board in which the legislative power of a unit of local government is vested. See Florida Statutes 218.403
- Surplus funds: means any funds in any general or special account or fund of a unit of local government, or funds held by an independent trustee on behalf of a unit of local government, which in reasonable contemplation will not be immediately needed for the purposes intended. See Florida Statutes 218.403
- Trust fund: means the pooled investment fund created by…. See Florida Statutes 218.403
- Trustee: A person or institution holding and administering property in trust.
- Unit of local government: means any governmental entity within the state not part of state government and shall include, but not be limited to, the following and the officers thereof: any county, municipality, school district, special district, clerk of the circuit court, sheriff, property appraiser, tax collector, supervisor of elections, authority, board, public corporations, or any other political subdivision of the state. See Florida Statutes 218.403
(b) The historical performance, investment holdings, credit quality, and average maturity of the trust fund investments.
(c) The applicable administrative rules.
(d) The rate determination processes for any deposit or withdrawal.
(e) Any fees, charges, penalties, and deductions that apply to the account.
(f) The most recently published financial statements or independent audits, if available, prepared under generally accepted accounting principles.
(g) A disclosure statement for signature by the appropriate local government official.
(2) Upon review of the enrollment materials and upon determination by the governing body that it is in the interest of the unit of local government to deposit surplus funds in the trust fund, a resolution by the governing body and the signed acceptance of the disclosure statement by the local government official, who may be the chief financial or administrative officer of the local government, shall be filed with the board and, if appropriate, a copy shall be provided to a professional money management firm authorizing investment of its surplus funds in the trust fund established by this part. The resolution shall name:
(a) The local government official, who may be the chief financial or administrative officer of the local government, or
(b) An independent trustee holding funds on behalf of the unit of local government,
responsible for deposit and withdrawal of such funds.
(3) The board or a professional money management firm shall, upon the filing of the resolution, invest the moneys in the trust fund in the same manner and subject to the same restrictions as are set forth in s. 215.47. All units of local government that qualify to be participants in the trust fund shall have surplus funds deposited into a pooled investment account.
(4) The provisions of this part shall not impair the power of a unit of local government to hold funds in deposit accounts with banking or savings institutions or to invest funds as otherwise authorized by law.