Florida 2025 Regular Session

Florida House Bill H0487 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to investments of public funds in 2
1616 Bitcoin; creating s. 17.573, F.S.; providing 3
1717 definitions; authorizing the Chief Financial Officer 4
1818 to make investments in Bitcoin; authorizing the Chief 5
1919 Financial Officer to invest money from certain public 6
2020 funds; providing limits to such investments; providing 7
2121 requirements for holding acquired Bitcoin; authorizing 8
2222 the Chief Financial Officer and other parties to loan 9
2323 Bitcoin under specified circumstances; requiring rules 10
2424 governing such loans; requiring taxes and fees paid in 11
2525 Bitcoin to be transferred to the General Revenue Fund; 12
2626 requiring the General Revenue Fund to reimburse 13
2727 designated funds in United States c urrency for such 14
2828 payments; amending ss. 17.57 and 17.61, F.S.; 15
2929 conforming provisions to changes made by the act; 16
3030 amending s. 121.151, F.S.; authorizing the Trustees of 17
3131 the State Board of Administration to invest and 18
3232 reinvest available funds of the System T rust Fund in 19
3333 Bitcoin; providing requirements for such investments; 20
3434 providing definitions; amending s. 280.03, F.S.; 21
3535 providing that investments of public funds in Bitcoin 22
3636 are exempt from certain security requirements; 23
3737 providing an effective date. 24
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4747 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
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5151 WHEREAS, inflation has eroded the purchasing power of 26
5252 assets held in state funds managed by the Chief Financial 27
5353 Officer and this erosion diminishes the value of the state's 28
5454 reserves, affecting the financial stability and economic 29
5555 security of this state, its ta xpayers, and its residents, and 30
5656 WHEREAS, although this state does not have direct control 31
5757 over the national money supply or the policies that influence 32
5858 inflation, it has a responsibility to safeguard Florida's 33
5959 financial resources against the impacts of in flation and other 34
6060 economic uncertainties, and 35
6161 WHEREAS, throughout its history, Bitcoin has greatly risen 36
6262 in value and is becoming more widely accepted as an 37
6363 international medium of exchange, and countries around the 38
6464 world, including the United States, hol d Bitcoin within their 39
6565 treasury departments, and 40
6666 WHEREAS, Bitcoin is viewed as a hedge against inflation by 41
6767 sovereign nations and prominent investment advisors, including 42
6868 BlackRock, Fidelity, and Franklin Templeton, and 43
6969 WHEREAS, this state should have ac cess to tools such as 44
7070 Bitcoin to protect against inflation, NOW, THEREFORE, 45
7171 46
7272 Be It Enacted by the Legislature of the State of Florida: 47
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7474 Section 1. Section 17.573, Florida Statutes, is created to 49
7575 read: 50
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8484 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
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8888 17.573 Investments in Bitcoin. — 51
8989 (1) As used in this section, the term: 52
9090 (a) "Bitcoin" means the decentralized digital currency 53
9191 launched in 2009 which allows online payments to be sent 54
9292 directly from one party to another without going through a 55
9393 financial institution. The term includes the digital asse t 56
9494 underlying Bitcoin exchange -traded products regulated by the 57
9595 Securities and Exchange Commission. 58
9696 (b) "Exchange-traded product" means a financial instrument 59
9797 approved by the Securities and Exchange Commission, the 60
9898 Commodity Futures Trading Commission, or the Department of 61
9999 Financial Services which is traded on a national stock exchange 62
100100 and derives its value from an underlying pool of assets, 63
101101 including stocks, bonds, commodities, and indexes. 64
102102 (c) "Private key" means a unique element of cryptographic 65
103103 data used for signing transactions on a blockchain, known only 66
104104 to the owner. 67
105105 (d) "Secure custody solution" means a technological 68
106106 product or blended product and service meeting all of the 69
107107 following criteria: 70
108108 1. The cryptographic private keys are: 71
109109 a. Exclusively known by and accessible to the governmental 72
110110 entity. 73
111111 b. Contained within an encrypted environment and 74
112112 accessible only via end -to-end encrypted channels. 75
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121121 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
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125125 c. Never stored on or accessible via a smartphone. 76
126126 2. The hardware containing the cryp tographic private keys 77
127127 is maintained in at least two geographically diverse, secure 78
128128 data centers. 79
129129 3. A multiparty governance structure for authorizing 80
130130 transactions is implemented, user access control is enforced, 81
131131 and all user-initiated actions are logged . 82
132132 4. The provider of the technological product or blended 83
133133 product and service has implemented a disaster recovery protocol 84
134134 ensuring access to assets if the provider becomes unavailable. 85
135135 5. The technological product or blended product and 86
136136 service undergoes regular code audits and penetration testing, 87
137137 with identified vulnerabilities promptly addressed. 88
138138 (e) "Qualified custodian" means a federal bank, a Florida 89
139139 state-chartered bank, a trust company, a special -purpose 90
140140 depository institution, or a company regulated by this state 91
141141 which provides custody services for Bitcoin as part of an 92
142142 approved exchange-traded product. 93
143143 (2) The Chief Financial Officer may: 94
144144 (a) Include Bitcoin and potentially other digital assets 95
145145 to serve as stores of value and provide a hedge against 96
146146 inflation, thereby protecting the purchasing power of state 97
147147 funds. 98
148148 (b) Ensure that the investment strategies employed by the 99
149149 Chief Financial Officer align with the goal of enhancing this 100
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158158 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
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162162 state's economic security and financial resilience. 101
163163 (c) Maintain flexibility in investment decisions to 102
164164 respond to changing economic conditions and emerging 103
165165 opportunities that may offer better protection or returns on 104
166166 state funds. 105
167167 (3)(a)1. The Chief Financial Officer may invest money in 106
168168 Bitcoin from the following funds: 107
169169 a. The General Revenue Fund. 108
170170 b. The Budget Stabilization Fund. 109
171171 c. All the trust funds and all agency funds of each state 110
172172 agency, and of the judicial branch, as defined in s. 216.011. 111
173173 d. Funds of any board, association, or entity cr eated by 112
174174 the State Constitution or by law upon request of the board, 113
175175 association, or entity. 114
176176 e. Any other state fund deemed appropriate by the 115
177177 Legislature. 116
178178 2. The amount of public funds that the Chief Financial 117
179179 Officer may invest in Bitcoin may not exc eed 10 percent of the 118
180180 total funds in any account. 119
181181 (b)1. The Bitcoin acquired under paragraph (a) shall be 120
182182 held: 121
183183 a. Directly by the Chief Financial Officer through the use 122
184184 of a secure custody solution; 123
185185 b. On behalf of this state by a qualified custodi an; or 124
186186 c. In the form of an exchange -traded product issued by an 125
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195195 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
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199199 investment company registered with the Securities and Exchange 126
200200 Commission under the Investment Company Act of 1940, as amended. 127
201201 2. The Chief Financial Officer, and other parties with the 128
202202 permission of the Chief Financial Officer, may loan the Bitcoin 129
203203 in state funds to generate additional returns for this state if 130
204204 such loans do not increase financial risk. The Chief Financial 131
205205 Officer shall adopt rules governing such loans. 132
206206 (4) Taxes or fees paid to this state in Bitcoin shall be 133
207207 transferred to the General Revenue Fund. The General Revenue 134
208208 Fund shall reimburse the designated fund for the value of the 135
209209 Bitcoin payment in United States currency for such taxes or 136
210210 fees. 137
211211 Section 2. Paragraph (b) of subsection (1) and subsections 138
212212 (2) and (7) of section 17.57, Florida Statutes, are amended to 139
213213 read: 140
214214 17.57 Deposits and investments of state money. — 141
215215 (1) 142
216216 (b) The Chief Financial Officer, or other parties with the 143
217217 permission of the Chief Financial Officer, shall: 144
218218 1. Deposit the money of the state or any money in the 145
219219 State Treasury in such qualified public depositories of the 146
220220 state as will offer satisfactory collateral security for such 147
221221 deposits, pursuant to chapter 280 ; or 148
222222 2. Invest the money of the state or any money in the State 149
223223 Treasury in Bitcoin pursuant to s. 17.573 and deposit the rest 150
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232232 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
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236236 of the money of the state and the State Treasury in the 151
237237 qualified public depositories described in subparagraph 1 . 152
238238 153
239239 It is the duty of the Chief Financial Officer, consistent with 154
240240 the cash requirements of the state, to keep such money fully 155
241241 invested or deposited as provided herein in order that the state 156
242242 may realize maximum earnings and benefits. Nothing in this 157
243243 section shall preclude cr edit unions designated as public 158
244244 depositories from participation. 159
245245 (2)(a) The Chief Financial Officer shall make funds 160
246246 available to meet the disbursement needs of the state. Funds 161
247247 which are not needed for this purpose shall be : 162
248248 1. Placed in qualified pu blic depositories that will pay 163
249249 rates established by the Chief Financial Officer at levels not 164
250250 less than the prevailing rate for United States Treasury 165
251251 securities with a corresponding maturity ; or 166
252252 2. Invested in Bitcoin pursuant to s. 17.573, and the res t 167
253253 of the funds placed in the qualified public depositories 168
254254 described in subparagraph 1 . 169
255255 (b) In the event money is available for interest -bearing 170
256256 time deposits or savings accounts as provided herein and 171
257257 qualified public depositories are unwilling to accep t such money 172
258258 and pay thereon the rates established above, then such money 173
259259 which qualified public depositories are unwilling to accept 174
260260 shall be invested in: 175
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269269 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
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273273 1.(a) Direct United States Treasury obligations. 176
274274 2.(b) Obligations of the Federal Farm Credit Ba nks. 177
275275 3.(c) Obligations of the Federal Home Loan Bank and its 178
276276 district banks. 179
277277 4.(d) Obligations of the Federal Home Loan Mortgage 180
278278 Corporation, including participation certificates. 181
279279 5.(e) Obligations guaranteed by the Government National 182
280280 Mortgage Association. 183
281281 6.(f) Obligations of the Federal National Mortgage 184
282282 Association. 185
283283 7.(g) Commercial paper of prime quality of the highest 186
284284 letter and numerical rating as provided for by at least one 187
285285 nationally recognized rating service. 188
286286 8.(h) Time drafts or bills of exchange drawn on and 189
287287 accepted by a commercial bank, otherwise known as "bankers 190
288288 acceptances," which are accepted by a member bank of the Federal 191
289289 Reserve System having total deposits of not less than $400 192
290290 million or which are accepted by a commercial bank which is not 193
291291 a member of the Federal Reserve System with deposits of not less 194
292292 than $400 million and which is licensed by a state government or 195
293293 the Federal Government, and whose senior debt issues are rated 196
294294 in one of the two highest rating categories b y a nationally 197
295295 recognized rating service and which are held in custody by a 198
296296 domestic bank which is a member of the Federal Reserve System. 199
297297 9.(i) Corporate obligations or corporate master notes of 200
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306306 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
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310310 any corporation within the United States, if the long -term 201
311311 obligations of such corporation are rated by at least two 202
312312 nationally recognized rating services in any one of the four 203
313313 highest classifications. However, if such obligations are rated 204
314314 by only one nationally recognized rating service, then the 205
315315 obligations shall be rated in any one of the two highest 206
316316 classifications. 207
317317 10.(j) Obligations of the Student Loan Marketing 208
318318 Association. 209
319319 11.(k) Obligations of the Resolution Funding Corporation. 210
320320 12.(l) Mortgage-backed securities of the highest credit 211
321321 quality. 212
322322 13.(m) Asset-backed securities rated by at least two 213
323323 nationally recognized rating services in any one of the three 214
324324 highest classifications. However, if such obligations are rated 215
325325 by only one nationally recognized rating service, the 216
326326 obligations must be rated in any one of the two highest 217
327327 classifications. 218
328328 14.(n) Any obligations not previously listed which are 219
329329 guaranteed as to principal and interest by the full faith and 220
330330 credit of the United States Government or are obligations of 221
331331 United States agencies or in strumentalities which are rated in 222
332332 the highest category by a nationally recognized rating service. 223
333333 15.(o) Commingled no-load investment funds or no -load 224
334334 mutual funds in which all securities held by the funds are 225
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343343 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
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347347 authorized in this subsection. 226
348348 16.(p) Money market mutual funds as defined and regulated 227
349349 by the Securities and Exchange Commission. 228
350350 17.(q) Obligations of state and local governments rated in 229
351351 any of the four highest classifications by at least two 230
352352 nationally recognized rating services. However, if such 231
353353 obligations are rated by only one nationally recognized rating 232
354354 service, then the obligations shall be rated in any one of the 233
355355 two highest classifications. 234
356356 18.(r) Covered put and call options on investment 235
357357 instruments authorized in this subsectio n for the purpose of 236
358358 hedging transactions by investment managers to mitigate risk or 237
359359 to facilitate portfolio management. 238
360360 19.(s) Negotiable certificates of deposit issued by 239
361361 financial institutions whose long -term debt is rated in one of 240
362362 the three highest categories by at least two nationally 241
363363 recognized rating services, the investment in which shall not be 242
364364 prohibited by any provision of chapter 280. 243
365365 20.(t) Foreign bonds denominated in United States dollars 244
366366 and registered with the Securities and Exchange C ommission for 245
367367 sale in the United States, if the long -term obligations of such 246
368368 issuers are rated by at least two nationally recognized rating 247
369369 services in any one of the four highest classifications. 248
370370 However, if such obligations are rated by only one nationa lly 249
371371 recognized rating service, the obligations shall be rated in any 250
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380380 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
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384384 one of the two highest classifications. 251
385385 21.(u) Convertible debt obligations of any corporation 252
386386 domiciled within the United States, if the convertible debt 253
387387 issue is rated by at least two nationally recognized rating 254
388388 services in any one of the four highest classifications. 255
389389 However, if such obligations are rated by only one nationally 256
390390 recognized rating service, then the obligations shall be rated 257
391391 in any one of the two highest classification s. 258
392392 22.(v) Securities not otherwise described in this 259
393393 subsection. However, not more than 3 percent of the funds under 260
394394 the control of the Chief Financial Officer shall be invested in 261
395395 securities described in this paragraph. 262
396396 23.(w) Derivatives of investment instruments authorized in 263
397397 subparagraphs 1.-22 paragraphs (a)-(v). 264
398398 24.(x) Futures and options on futures, provided the 265
399399 instruments for such purpose are traded on a securities exchange 266
400400 or board of trade regulated by the Securiti es and Exchange 267
401401 Commission or the Commodity Futures Trading Commission. 268
402402 25. Bitcoin pursuant to s. 17.573. 269
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404404 These investments may be in varying maturities and may be in 271
405405 book-entry form. Investments made pursuant to this subsection 272
406406 may be under repurchase agreement or reverse repurchase 273
407407 agreement. The Chief Financial Officer may hire registered 274
408408 investment advisers and other consultants to assist in 275
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417417 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
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421421 investment management and to pay fees directly from investment 276
422422 earnings. Investment securities, proprietary i nvestment services 277
423423 related to contracts, performance evaluation services, 278
424424 investment-related equipment or software used directly to assist 279
425425 investment trading or investment accounting operations including 280
426426 bond calculators, telerates, Bloombergs, special pro gram 281
427427 calculators, intercom systems, and software used in accounting, 282
428428 communications, and trading, and advisory and consulting 283
429429 contracts made under this section are exempt from the provisions 284
430430 of chapter 287. 285
431431 (7) In addition to the deposits authorized unde r this 286
432432 section and notwithstanding any other provisions of law, funds 287
433433 that are not needed to meet the disbursement needs of the state 288
434434 may be deposited, or invested under s. 17.573 and the rest of 289
435435 the funds which is not invested under s. 17.573 may be 290
436436 deposited, by the Chief Financial Officer in accordance with the 291
437437 following conditions for fund deposits: 292
438438 (a) The funds are initially deposited in a qualified 293
439439 public depository, as defined in s. 280.02, selected by the 294
440440 Chief Financial Officer. 295
441441 (b) The selected depository arranges for depositing the 296
442442 funds in financial deposit instruments insured by: 297
443443 1. The Federal Deposit Insurance Corporation in one or 298
444444 more federally insured banks or savings and loan associations, 299
445445 wherever located, for the account of the state. 300
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454454 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
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458458 2. For credit unions designated as qualified public 301
459459 depositories, the National Credit Union Share Insurance Fund. 302
460460 (c) The full amount of the principal and accrued interest 303
461461 of each financial deposit instrument is insured by the Federal 304
462462 Deposit Insurance Corporation or, for credit unions designated 305
463463 as qualified public depositories, the National Credit Union 306
464464 Share Insurance Fund. 307
465465 (d) The selected depository acts as custodian for the 308
466466 state with respect to each financial deposit instrument issue d 309
467467 for its account. 310
468468 Section 3. Subsection (1) of section 17.61, Florida 311
469469 Statutes, is amended to read: 312
470470 17.61 Chief Financial Officer; powers and duties in the 313
471471 investment of certain funds. — 314
472472 (1) The Chief Financial Officer shall invest all general 315
473473 revenue funds and all the trust funds and all agency funds of 316
474474 each state agency, and of the judicial branch, as defined in s. 317
475475 216.011, and may, upon request, invest funds of any board, 318
476476 association, or entity created by the State Constitution or by 319
477477 law, except for the funds required to be invested pursuant to 320
478478 ss. 215.44-215.53, by the procedure and in the authorized 321
479479 securities or in Bitcoin prescribed in s. 17.57; for this 322
480480 purpose, the Chief Financial Officer may open and maintain one 323
481481 or more demand and safekeep ing accounts in any bank or savings 324
482482 association for the investment and reinvestment and the 325
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491491 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
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495495 purchase, sale, and exchange of funds and securities in the 326
496496 accounts. Funds in such accounts used solely for investments and 327
497497 reinvestments shall be considered inves tment funds and not funds 328
498498 on deposit, and such funds shall be exempt from the provisions 329
499499 of chapter 280. In addition, the securities or investments 330
500500 purchased or held under the provisions of this section and s. 331
501501 17.57 may be loaned to securities dealers and banks and may be 332
502502 registered by the Chief Financial Officer in the name of a 333
503503 third-party nominee in order to facilitate such loans, provided 334
504504 the loan is collateralized by cash or United States government 335
505505 securities having a market value of at least 100 perc ent of the 336
506506 market value of the securities loaned. The Chief Financial 337
507507 Officer shall keep a separate account, designated by name and 338
508508 number, of each fund. Individual transactions and totals of all 339
509509 investments, or the share belonging to each fund, shall be 340
510510 recorded in the accounts. 341
511511 Section 4. Section 121.151, Florida Statutes, is amended 342
512512 to read: 343
513513 121.151 Investments. — 344
514514 (1) The Board of Administration, created by authority of 345
515515 the State Constitution, shall invest and reinvest available 346
516516 funds of the System Trust Fund in accordance with the provisions 347
517517 of ss. 215.44-215.53. 348
518518 (2)(a) The Board of Administration may also invest and 349
519519 reinvest available funds of the System Trust Fund in Bitcoin. 350
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528528 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
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532532 The amount of funds that the board may invest and reinvest in 351
533533 Bitcoin may not exceed 10 percent of the total funds. 352
534534 (b) The Bitcoin acquired under paragraph (a) shall be 353
535535 held: 354
536536 1. Directly by the board through the use of a secure 355
537537 custody solution; 356
538538 2. On behalf of the board by a qualified custodian; or 357
539539 3. In the form of an exchange-traded product issued by an 358
540540 investment company registered with the Securities and Exchange 359
541541 Commission under the Investment Company Act of 1940, as amended. 360
542542 (c) As used in this subsection, the terms "Bitcoin," 361
543543 "exchange-traded product," "secure custody solution," and 362
544544 "qualified custodian" have the same meanings as in s. 17.573(1). 363
545545 Section 5. Paragraph (f) of subsection (3) of section 364
546546 280.03, Florida Statutes, is amended to read: 365
547547 280.03 Public deposits to be secured; prohibitions; 366
548548 exemptions.— 367
549549 (3) The following are exempt from the requirements of, and 368
550550 protection under, this chapter: 369
551551 (f) Public deposits and investments made in accordance 370
552552 with s. 17.57(7), s. 17.573, or s. 218.415(23). 371
553553 Section 6. This act shall take effect July 1, 2025. 372