Florida Statute 215.44 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 215
FINANCIAL MATTERS: GENERAL PROVISIONS

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F.S. 215.44

215.44 Board of Administration; powers and duties in relation to investment of trust funds.—

(1) Except when otherwise specifically provided by the State Constitution and subject to any limitations of the trust agreement relating to a trust fund, the Board of Administration, sometimes referred to in this chapter as “board” or “Trustees of the State Board of Administration,” composed of the Governor as chair, the Chief Financial Officer, and the Attorney General, shall invest all the funds in the System Trust Fund, as defined in s. 121.021(36), and all other funds specifically required by law to be invested by the board pursuant to ss. 215.44-215.53 to the fullest extent that is consistent with the cash requirements, trust agreement, and investment objectives of the fund. Notwithstanding any other law to the contrary, the State Board of Administration may invest any funds of any state agency, any state university or college, any unit of local government, or any direct-support organization thereof pursuant to the terms of a trust agreement with the head of the state agency or the governing body of the state university or college, unit of local government, or direct-support organization thereof, and may invest such funds in the Local Government Surplus Funds Trust Fund created by s. 218.405 without a trust agreement upon completion of enrollment materials provided by the board. The board shall approve the undertaking of investments subject to a trust agreement before execution of such trust agreement by the State Board of Administration. The funds and the earnings therefrom are exempt from the service charge imposed by s. 215.20. As used in this subsection, the term “state agency” has the same meaning as that provided in s. 216.011, and the terms “governing body” and “unit of local government” have the same meaning as that provided in s. 218.403.

(2)(a) The board shall have the power to make purchases, sales, exchanges, investments, and reinvestments for and on behalf of the funds referred to in subsection (1), and it shall be the duty of the board to see that moneys invested under the provisions of ss. 215.44-215.53 are at all times handled in the best interests of the state.

(b) In exercising investment authority pursuant to s. 215.47, the board may retain investment advisers or managers, or both, external to in-house staff, to assist the board in carrying out the power specified in paragraph (a).

(c) The board shall create an audit committee to assist the board in fulfilling its oversight responsibilities. The committee shall consist of three members appointed by the board. Members shall be appointed for 4-year terms. A vacancy shall be filled for the remainder of the unexpired term. The committee shall annually elect a chair and vice chair from its membership. A member may not be elected to consecutive terms as chair or vice chair. Persons appointed to the audit committee must have relevant knowledge and expertise as determined by the board. The audit committee shall serve as an independent and objective party to monitor processes for financial reporting, internal controls and risk assessment, audit processes, and compliance with laws, rules, and regulations. The audit committee shall direct the efforts of the board’s independent external auditors and the board’s internal audit staff. The committee shall periodically, but not less than quarterly, report to the board and the executive director of the board.

(d) The board shall produce a set of financial statements for the Florida Retirement System on an annual basis, which shall be reported to the Legislature and audited by a commercial independent third-party audit firm.

(e) The board shall meet at least quarterly and shall receive reports from the audit committee, the investment advisory committee, the inspector general, the general counsel, the executive director, and such other persons or entities as the board may require about the financial status, operations, and investment activities of the board.

(3) Notwithstanding any law to the contrary, all investments made by the State Board of Administration pursuant to ss. 215.44-215.53 shall be subject to the restrictions and limitations contained in s. 215.47, except that investments made by the State Board of Administration under a trust agreement pursuant to subsection (1) shall be subject only to the restrictions and limitations contained in the trust agreement.

(4) The board shall prepare and approve an operating budget each fiscal year consistent with the provisions of chapter 216. The approved operating budget shall be submitted to the legislative appropriation committees and the Executive Office of the Governor prior to July 1 of each year.

(5) On or before January 1 of each year, the board shall provide to the Legislature a report including the following items for each fund which, by law, has been entrusted to the board for investment:

(a) A schedule of the annual beginning and ending asset values and changes and sources of changes in the asset value of:

1. Each fund managed by the board; and

2. Each asset class and portfolio within the Florida Retirement System Trust Fund.

(b) A description of the investment policy for each fund, and changes in investment policy for each fund since the previous annual report.

(d) A description of the risks inherent in investing in financial instruments of the major asset classes held in the fund.

(e) A summary of the type and amount of technology and growth investments held by each fund.

(f) Other information deemed of interest by the executive director of the board.

(6) The Office of Program Policy Analysis and Government Accountability shall examine the board’s management of investments every 2 years. The Office of Program Policy Analysis and Government Accountability shall submit such reports to the board, the President of the Senate, and the Speaker of the House of Representatives and their designees.

(7) Investment and debt purchasing procedures and contracts of funds held in trust by the State Board of Administration, whether directly or incidentally related to the investment or debt transactions, are exempt from the provisions of chapter 287.

(8) In connection with any investment pursuant to s. 215.47, the State Board of Administration may enter into an indemnification agreement provided that, under any such agreement, the liability of the State Board of Administration is limited to the amount of its investment and the State Board of Administration is not obligated to indemnify against loss caused by the negligence or fault of the person seeking indemnification.

History.—ss. 1, 2, ch. 57-353; ss. 1, 10, ch. 67-354; s. 46, ch. 71-355; s. 1, ch. 77-270; s. 97, ch. 79-190; s. 2, ch. 81-295; ss. 1, 2, ch. 83-270; s. 3, ch. 83-332; s. 7, ch. 83-339; s. 52, ch. 86-152; s. 1, ch. 86-236; s. 1, ch. 89-299; s. 25, ch. 91-244; s. 4, ch. 93-162; s. 1150, ch. 95-147; s. 4, ch. 96-177; s. 70, ch. 96-406; s. 1, ch. 98-47; s. 54, ch. 2001-266; s. 9, ch. 2003-6; s. 1, ch. 2006-163; s. 2, ch. 2008-31; s. 6, ch. 2010-180; s. 1, ch. 2011-100; s. 1, ch. 2011-101; s. 28, ch. 2023-28.

F.S. 215.44 on Google Scholar

F.S. 215.44 on Casetext

Amendments to 215.44

Arrestable Offenses / Crimes under Fla. Stat. 215.44

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 215.44.

Annotations, Discussions, Cases:

Cases Citing Statute 215.44

Total Results: 15

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Court: Fla. Att'y Gen. | Date Filed: 1997-05-27T00:53:00-07:00

Snippet: and functions prescribed by law." 2 Section 215.44(1), Fla. Stat. (1996 Supp.). And see, s.121.021…Stat. (1996 Supp.), defining the Fund. 3 Section 215.44(2)(a), Fla. Stat. (1996 Supp.). 4 Subchapter II

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Court: Fla. Att'y Gen. | Date Filed: 1986-11-23T23:53:00-08:00

Snippet: accordance with the requirements of ss.215.44-215.53, F.S. Section 215.44(2), F.S., imposes upon the Board …accordance with the provisions of ss.215.44-215.53, F.S. And see, s. 215.44, F.S., as amended, providing in…provisions of ss.215.44-215.53, F.S., as amended. The board is statutorily charged by s. 215.44 to invest moneys… are generally set forth in s. 215.44, F.S. Subsection (1) of s. 215.44 requires the board to "invest…with the provisions of ss. 215.44-215.53, F.S. Subsection (2)(a) of s. 215.44 grants the Board "the

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Court: Fla. Att'y Gen. | Date Filed: 1985-04-16T23:53:00-08:00

Snippet: ss.215.44-215.53.' (e.s.) See, s 121.021(36) defining `System Trust Fund.' Section 215.44(1),…agreement and investment objectives of the fund); s 215.44(2)(a) (duty to see that such funds handled in the…law to be invested by the board pursuant to ss. 215.44-215.53 to the fullest extent that is consistent…that moneys invested under the provisions of ss. 215.44-215.53 are at all times handled in the best interests…the State Board of Administration pursuant to ss. 215.44-215.53 shall be subject to the restrictions and

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Court: Fla. Att'y Gen. | Date Filed: 1979-12-18T23:53:00-08:00

Snippet: held by an affected state agency pursuant to ss. 215.44-215.53, F. S., are not subject to the 4-percent…enacted in 1941 by Ch. 20890, Laws of Florida, ss. 215.44-215.51, F. S., and ss. 215.52 and 215.53, F. S.…Administration to any agency or fund designated in ss. 215.44-215.53 and appropriates the necessary sums for …investments or reinvestments made pursuant to ss. 215.44-215.53. Section 215.37, F. S., as amended, provides…for a particular agency or fund referred to in s.215.44, F. S., is that provided for in s. 215.515, F.

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Court: Fla. Att'y Gen. | Date Filed: 1978-12-28T23:53:00-08:00

Snippet: The investment of such funds is, pursuant to s. 215.44(1), made the responsibility of the Board of Administration… public moneys of a state agency is found in s. 215.44(1) which provides: Except where otherwise …School for the Deaf and the Blind is governed by s. 215.44(1). Pursuant to s. 215.49(1) it is the duty of …with the administration of funds referred to in s. 215.44 to make such moneys available for investment as…Blind being reposed solely, in accordance with s. 215.44(1), in the Board of Administration. Prepared by

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Court: Fla. Att'y Gen. | Date Filed: 1978-06-02T00:53:00-07:00

Snippet: agency' for purposes of the application of s. 215.44, F. S. Cf., e.g., AGO's 076-185, 075-56, 073

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Court: Fla. Att'y Gen. | Date Filed: 1977-07-27T00:53:00-07:00

Snippet: only to funds available for investment under ss. 215.44-215.53, F. S. These sections apply solely to investments

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Court: Fla. Att'y Gen. | Date Filed: 1977-06-29T00:53:00-07:00

Snippet: Administration, pursuant to authority granted it by s. 215.44(1), F. S., has undertaken to purchase securities…that moneys invested under the provisions of ss. 215.44-215.53 are at all times handled in the best interests

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Court: Fla. Att'y Gen. | Date Filed: 1976-05-27T00:53:00-07:00

Snippet: , pursuant to s. 121.151, F. S., embodied in ss.215.44-215.53, F. S. Such statutory restrictions, however

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Court: Fla. Att'y Gen. | Date Filed: 1974-10-03T00:53:00-07:00

Snippet: QUESTION: Is it mandatory under the provisions of s. 215.44, F. S., that the investment of available funds …the fund under the will of John Ringling. Section 215.44, F.S., provides in part: Except where otherwise

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Court: Fla. Att'y Gen. | Date Filed: 1974-08-29T00:53:00-07:00

Snippet: of Administration is statutorily created by s. 215.44, F.S., and may not exercise any power or perform…contained in Section 215.47." See AGO 065-48; s. 215.44(3), F.S., Art. VII, s. 10, State Const. Section

Florida Citrus Commission v. Owens

Court: Fla. Dist. Ct. App. | Date Filed: 1970-10-09T00:53:00-07:00

Citation: 239 So. 2d 840

Snippet: clear. See Terrace v. Thompson, 263 U.S. 197, 215, 44 S.Ct. 15, 68 L.Ed. 255; Pierce v. Society of Sisters

In Re Opinion to the Governor

Court: Fla. | Date Filed: 1970-07-01T00:53:00-07:00

Citation: 239 So. 2d 1

Snippet: with Section 122.47, Florida Statutes, and Section 215.44-53, Florida Statutes, as well as Section 9, Article

Purpura Bros. v. Oxner

Court: Fla. | Date Filed: 1949-05-17T00:00:00-08:00

Citation: 40 So. 2d 890, 1949 Fla. LEXIS 1431

Snippet: 192, 44 So. 933; Lewter v. Tomlinson, 54 Fla. 215, 44 So. 935; Collins v. Godwin, 65 Fla. 283, 61 So.

Collins v. Godwin

Court: Fla. | Date Filed: 1913-03-11T00:00:00-08:00

Citation: 65 Fla. 283, 61 So. 632

Snippet: of decisions. See Lewter v. Tomlinson, 54 Fla. 215, 44 South. Rep. 935. Jacksonville Electric Co. v. Batchis