Florida 2025 Regular Session

Florida House Bill H0985 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 deferred compensation plans for 2
1616 public employees; providing a short title; amending s. 3
1717 112.215, F.S.; authorizing that certain employees' 4
1818 payable compensation be deducted and contributed to a 5
1919 deferred compensation plan through an automat ic 6
2020 enrollment arrangement unless the employee makes a 7
2121 certain election; requiring that the automatic 8
2222 enrollment arrangement be established with a default 9
2323 contribution rate; authorizing the periodic 10
2424 reenrollment of specified government employees; 11
2525 authorizing the periodic resetting of contribution 12
2626 rates for specified government employees; requiring 13
2727 that the automatic enrollment arrangement provide 14
2828 employees the ability to make certain elections 15
2929 regarding contributions; requiring that the plan 16
3030 provide for a default investment into which 17
3131 contributions must be placed under a specified 18
3232 circumstance; authorizing counties, municipalities, 19
3333 political subdivisions, and constitutional county 20
3434 officers to adopt automatic enrollment arrangements 21
3535 for specified deferred comp ensation programs; 22
3636 providing that the deferred compensation plan may only 23
3737 include an automatic enrollment arrangement upon 24
3838 approval of the Legislature; authorizing that certain 25
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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 automatic deferrals be made by payroll deduction; 26
5252 amending ss. 110.114 and 112. 171, F.S.; requiring that 27
5353 a certain deduction of the wages or salary of 28
5454 employees be treated in a specified manner; making 29
5555 technical changes; providing an effective date. 30
5656 31
5757 Be It Enacted by the Legislature of the State of Florida: 32
5858 33
5959 Section 1. This act may be cited as the "Deferred 34
6060 Compensation Automatic Enrollment Act." 35
6161 Section 2. Subsection (3) of section 112.215, Florida 36
6262 Statutes, is amended to read: 37
6363 112.215 Government employees; deferred compensation 38
6464 program.— 39
6565 (3)(a) In accordance with a p lan of deferred compensation 40
6666 which has been approved as herein provided, the state or any 41
6767 state agency, county, municipality, other political subdivision, 42
6868 or constitutional county officer may, by contract or a 43
6969 collective bargaining agreement, agree with an y employee to 44
7070 defer all or any portion of that employee's otherwise payable 45
7171 compensation and, pursuant to the terms of such approved plan 46
7272 and in such proportions as may be designated or directed under 47
7373 that plan, place such deferred compensation in savings accounts 48
7474 or use the same to purchase fixed or variable life insurance or 49
7575 annuity contracts, securities, evidence of indebtedness, or such 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 other investment products as may have been approved for the 51
8989 purposes of carrying out the objectives of such plan. Such 52
9090 insurance, annuity, savings, or investment products must shall 53
9191 be underwritten and offered in compliance with the applicable 54
9292 federal and state laws and regulations by persons who are duly 55
9393 authorized by the applicable state and federal authorities. 56
9494 (b) Such plan of deferred compensation may include an 57
9595 automatic enrollment arrangement under which a government 58
9696 employee's otherwise payable compensation is deducted and 59
9797 contributed to the plan unless the government employee elects 60
9898 not to contribute or elects t o contribute a different rate or 61
9999 amount. Such automatic enrollment arrangement must establish a 62
100100 default contribution rate, may provide for the periodic 63
101101 reenrollment of government employees eligible but not 64
102102 participating in the plan, and may allow the perio dic resetting 65
103103 of contribution rates for government employees contributing at 66
104104 rates lower than those established by the automatic enrollment 67
105105 arrangement. 68
106106 (c) An automatic enrollment arrangement must provide that 69
107107 a government employee may, at any time, ele ct not to contribute 70
108108 to the plan or may elect to contribute to the plan at a 71
109109 different rate or amount than the default rate. 72
110110 (d) If a deferred compensation plan includes an automatic 73
111111 enrollment arrangement, the plan must provide for a default 74
112112 investment into which contributions must be placed in the 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 absence of an election from the government employee. 76
126126 (e) Any county, municipality, or other political 77
127127 subdivision of the state may by ordinance, and any 78
128128 constitutional county officer under s. 1(d), Art. VIII of the 79
129129 State Constitution may, by contract agreement or other 80
130130 documentation constituting approval, adopt an automatic 81
131131 enrollment arrangement for its own deferred compensation 82
132132 program. Notwithstanding subsection (4), the deferred 83
133133 compensation plan of this state may only adopt an automatic 84
134134 enrollment arrangement upon approval of the Legislature. 85
135135 Section 3. Subsection (1) of section 110.114, Florida 86
136136 Statutes, is amended to read: 87
137137 110.114 Employee wage deductions. — 88
138138 (1) The state or any of its department s, bureaus, 89
139139 commissions, and officers are authorized and permitted, with the 90
140140 concurrence of the Department of Financial Services, to make 91
141141 deductions from the salary or wage of any employee or employees 92
142142 in such amount as shall be authorized and requested by such 93
143143 employee or employees and for such purpose as shall be 94
144144 authorized and requested by such employee or employees and shall 95
145145 pay such sums so deducted as directed by such employee or 96
146146 employees. Deduction of the salary or wage of an employee as 97
147147 authorized by an automatic enrollment arrangement pursuant to s. 98
148148 112.215(3)(c) must be treated as authorized and requested by 99
149149 such employee for purposes of this subsection. The concurrence 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 of the Department of Financial Services may shall not be 101
163163 required for the dedu ction of a certified bargaining agent's 102
164164 membership dues deductions pursuant to s. 447.303 or any 103
165165 deductions authorized by a collective bargaining agreement. 104
166166 Section 4. Subsection (1) of section 112.171, Florida 105
167167 Statutes, is amended to read: 106
168168 112.171 Employee wage deductions. — 107
169169 (1) The counties, municipalities, and special districts of 108
170170 the state and the departments, agencies, bureaus, commissions, 109
171171 and officers thereof are authorized and permitted in their sole 110
172172 discretion to make deductions from the salary or wage of any 111
173173 employee or employees in such amount as shall be authorized and 112
174174 requested by such employee or employees and for such purpose as 113
175175 shall be authorized and requested by such employee or employees 114
176176 and shall pay such sums so deducted as directed by such employee 115
177177 or employees. Deduction of the salary or wage of an employee as 116
178178 authorized by an automatic enrollment arrangement pursuant to s. 117
179179 112.215(3)(c) must be treated as authorized and requested by 118
180180 such employee for purposes of this subsection. 119
181181 Section 5. This act shall take effect July 1, 2025. 120