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9 | 9 | | Page 1 of 5 |
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10 | 10 | | 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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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to deferred compensation plans for 2 |
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16 | 16 | | public employees; providing a short title; amending s. 3 |
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17 | 17 | | 112.215, F.S.; authorizing that certain employees' 4 |
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18 | 18 | | payable compensation be deducted and contributed to a 5 |
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19 | 19 | | deferred compensation plan through an automat ic 6 |
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20 | 20 | | enrollment arrangement unless the employee makes a 7 |
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21 | 21 | | certain election; requiring that the automatic 8 |
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22 | 22 | | enrollment arrangement be established with a default 9 |
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23 | 23 | | contribution rate; authorizing the periodic 10 |
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24 | 24 | | reenrollment of specified government employees; 11 |
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25 | 25 | | authorizing the periodic resetting of contribution 12 |
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26 | 26 | | rates for specified government employees; requiring 13 |
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27 | 27 | | that the automatic enrollment arrangement provide 14 |
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28 | 28 | | employees the ability to make certain elections 15 |
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29 | 29 | | regarding contributions; requiring that the plan 16 |
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30 | 30 | | provide for a default investment into which 17 |
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31 | 31 | | contributions must be placed under a specified 18 |
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32 | 32 | | circumstance; authorizing counties, municipalities, 19 |
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33 | 33 | | political subdivisions, and constitutional county 20 |
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34 | 34 | | officers to adopt automatic enrollment arrangements 21 |
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35 | 35 | | for specified deferred comp ensation programs; 22 |
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36 | 36 | | providing that the deferred compensation plan may only 23 |
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37 | 37 | | include an automatic enrollment arrangement upon 24 |
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38 | 38 | | approval of the Legislature; authorizing that certain 25 |
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40 | 40 | | HB 985 2025 |
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46 | 46 | | Page 2 of 5 |
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47 | 47 | | 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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51 | 51 | | automatic deferrals be made by payroll deduction; 26 |
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52 | 52 | | amending ss. 110.114 and 112. 171, F.S.; requiring that 27 |
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53 | 53 | | a certain deduction of the wages or salary of 28 |
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54 | 54 | | employees be treated in a specified manner; making 29 |
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55 | 55 | | technical changes; providing an effective date. 30 |
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56 | 56 | | 31 |
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57 | 57 | | Be It Enacted by the Legislature of the State of Florida: 32 |
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58 | 58 | | 33 |
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59 | 59 | | Section 1. This act may be cited as the "Deferred 34 |
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60 | 60 | | Compensation Automatic Enrollment Act." 35 |
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61 | 61 | | Section 2. Subsection (3) of section 112.215, Florida 36 |
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62 | 62 | | Statutes, is amended to read: 37 |
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63 | 63 | | 112.215 Government employees; deferred compensation 38 |
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64 | 64 | | program.— 39 |
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65 | 65 | | (3)(a) In accordance with a p lan of deferred compensation 40 |
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66 | 66 | | which has been approved as herein provided, the state or any 41 |
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67 | 67 | | state agency, county, municipality, other political subdivision, 42 |
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68 | 68 | | or constitutional county officer may, by contract or a 43 |
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69 | 69 | | collective bargaining agreement, agree with an y employee to 44 |
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70 | 70 | | defer all or any portion of that employee's otherwise payable 45 |
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71 | 71 | | compensation and, pursuant to the terms of such approved plan 46 |
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72 | 72 | | and in such proportions as may be designated or directed under 47 |
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73 | 73 | | that plan, place such deferred compensation in savings accounts 48 |
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74 | 74 | | or use the same to purchase fixed or variable life insurance or 49 |
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75 | 75 | | annuity contracts, securities, evidence of indebtedness, or such 50 |
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77 | 77 | | HB 985 2025 |
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83 | 83 | | Page 3 of 5 |
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84 | 84 | | 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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88 | 88 | | other investment products as may have been approved for the 51 |
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89 | 89 | | purposes of carrying out the objectives of such plan. Such 52 |
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90 | 90 | | insurance, annuity, savings, or investment products must shall 53 |
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91 | 91 | | be underwritten and offered in compliance with the applicable 54 |
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92 | 92 | | federal and state laws and regulations by persons who are duly 55 |
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93 | 93 | | authorized by the applicable state and federal authorities. 56 |
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94 | 94 | | (b) Such plan of deferred compensation may include an 57 |
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95 | 95 | | automatic enrollment arrangement under which a government 58 |
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96 | 96 | | employee's otherwise payable compensation is deducted and 59 |
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97 | 97 | | contributed to the plan unless the government employee elects 60 |
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98 | 98 | | not to contribute or elects t o contribute a different rate or 61 |
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99 | 99 | | amount. Such automatic enrollment arrangement must establish a 62 |
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100 | 100 | | default contribution rate, may provide for the periodic 63 |
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101 | 101 | | reenrollment of government employees eligible but not 64 |
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102 | 102 | | participating in the plan, and may allow the perio dic resetting 65 |
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103 | 103 | | of contribution rates for government employees contributing at 66 |
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104 | 104 | | rates lower than those established by the automatic enrollment 67 |
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105 | 105 | | arrangement. 68 |
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106 | 106 | | (c) An automatic enrollment arrangement must provide that 69 |
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107 | 107 | | a government employee may, at any time, ele ct not to contribute 70 |
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108 | 108 | | to the plan or may elect to contribute to the plan at a 71 |
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109 | 109 | | different rate or amount than the default rate. 72 |
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110 | 110 | | (d) If a deferred compensation plan includes an automatic 73 |
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111 | 111 | | enrollment arrangement, the plan must provide for a default 74 |
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112 | 112 | | investment into which contributions must be placed in the 75 |
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121 | 121 | | 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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125 | 125 | | absence of an election from the government employee. 76 |
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126 | 126 | | (e) Any county, municipality, or other political 77 |
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127 | 127 | | subdivision of the state may by ordinance, and any 78 |
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128 | 128 | | constitutional county officer under s. 1(d), Art. VIII of the 79 |
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129 | 129 | | State Constitution may, by contract agreement or other 80 |
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130 | 130 | | documentation constituting approval, adopt an automatic 81 |
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131 | 131 | | enrollment arrangement for its own deferred compensation 82 |
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132 | 132 | | program. Notwithstanding subsection (4), the deferred 83 |
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133 | 133 | | compensation plan of this state may only adopt an automatic 84 |
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134 | 134 | | enrollment arrangement upon approval of the Legislature. 85 |
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135 | 135 | | Section 3. Subsection (1) of section 110.114, Florida 86 |
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136 | 136 | | Statutes, is amended to read: 87 |
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137 | 137 | | 110.114 Employee wage deductions. — 88 |
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138 | 138 | | (1) The state or any of its department s, bureaus, 89 |
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139 | 139 | | commissions, and officers are authorized and permitted, with the 90 |
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140 | 140 | | concurrence of the Department of Financial Services, to make 91 |
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141 | 141 | | deductions from the salary or wage of any employee or employees 92 |
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142 | 142 | | in such amount as shall be authorized and requested by such 93 |
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143 | 143 | | employee or employees and for such purpose as shall be 94 |
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144 | 144 | | authorized and requested by such employee or employees and shall 95 |
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145 | 145 | | pay such sums so deducted as directed by such employee or 96 |
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146 | 146 | | employees. Deduction of the salary or wage of an employee as 97 |
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147 | 147 | | authorized by an automatic enrollment arrangement pursuant to s. 98 |
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148 | 148 | | 112.215(3)(c) must be treated as authorized and requested by 99 |
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149 | 149 | | such employee for purposes of this subsection. The concurrence 100 |
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158 | 158 | | 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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162 | 162 | | of the Department of Financial Services may shall not be 101 |
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163 | 163 | | required for the dedu ction of a certified bargaining agent's 102 |
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164 | 164 | | membership dues deductions pursuant to s. 447.303 or any 103 |
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165 | 165 | | deductions authorized by a collective bargaining agreement. 104 |
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166 | 166 | | Section 4. Subsection (1) of section 112.171, Florida 105 |
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167 | 167 | | Statutes, is amended to read: 106 |
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168 | 168 | | 112.171 Employee wage deductions. — 107 |
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169 | 169 | | (1) The counties, municipalities, and special districts of 108 |
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170 | 170 | | the state and the departments, agencies, bureaus, commissions, 109 |
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171 | 171 | | and officers thereof are authorized and permitted in their sole 110 |
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172 | 172 | | discretion to make deductions from the salary or wage of any 111 |
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173 | 173 | | employee or employees in such amount as shall be authorized and 112 |
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174 | 174 | | requested by such employee or employees and for such purpose as 113 |
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175 | 175 | | shall be authorized and requested by such employee or employees 114 |
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176 | 176 | | and shall pay such sums so deducted as directed by such employee 115 |
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177 | 177 | | or employees. Deduction of the salary or wage of an employee as 116 |
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178 | 178 | | authorized by an automatic enrollment arrangement pursuant to s. 117 |
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179 | 179 | | 112.215(3)(c) must be treated as authorized and requested by 118 |
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180 | 180 | | such employee for purposes of this subsection. 119 |
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181 | 181 | | Section 5. This act shall take effect July 1, 2025. 120 |
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