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Code · Florida · Title XIV — Taxation and Finance · Chapter 215

215.855 Investment manager external communication.

294 words·~1 min read·/fl/title-xiv/chapter-215/215-855

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section, the term:
(a)“Governmental entity” means a state, regional, county, municipal, special district, or other political subdivision whether executive, judicial, or legislative, including, but not limited to, a department, division, board, bureau, commission, authority, district, or agency thereof, or a public school, Florida College System institution, state university, or associated board.
(b)“Investment manager” means a private sector company that offers one or more investment products or services to a governmental entity and that has the discretionary investment authority for direct holdings.
(c)“Public funds” means all moneys under the jurisdiction of a governmental entity and includes all manner of pension and retirement funds and all other funds held, as trust funds or otherwise, for any public purpose, subject to investment.
(2)Any contract between a governmental entity and an investment manager must contain the following provisions:
(a)That any written communication made by the investment manager to a company in which such manager invests public funds on behalf of a governmental entity must include the following disclaimer in a conspicuous location if such communication discusses social, political, or ideological interests; subordinates the interests of the company’s shareholders to the interest of another entity; or advocates for the interest of an entity other than the company’s shareholders:
The views and opinions expressed in this communication are those of the sender and do not reflect the views and opinions of the people of the State of Florida.
(b)That the contract may be unilaterally terminated at the option of the governmental entity if the investment manager does not include the disclaimer required in paragraph (a).
(3)This section applies to contracts between a governmental entity and an investment manager executed, amended, or renewed on or after July 1, 2023.
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