HB 985 2025
CODING: Words stricken are deletions; words underlined are additions.
hb985-00
Page 1 of 5
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
A bill to be entitled 1
An act relating to deferred compensation plans for 2
public employees; providing a short title; amending s. 3
112.215, F.S.; authorizing that certain employees' 4
payable compensation be deducted and contributed to a 5
deferred compensation plan through an automat ic 6
enrollment arrangement unless the employee makes a 7
certain election; requiring that the automatic 8
enrollment arrangement be established with a default 9
contribution rate; authorizing the periodic 10
reenrollment of specified government employees; 11
authorizing the periodic resetting of contribution 12
rates for specified government employees; requiring 13
that the automatic enrollment arrangement provide 14
employees the ability to make certain elections 15
regarding contributions; requiring that the plan 16
provide for a default investment into which 17
contributions must be placed under a specified 18
circumstance; authorizing counties, municipalities, 19
political subdivisions, and constitutional county 20
officers to adopt automatic enrollment arrangements 21
for specified deferred comp ensation programs; 22
providing that the deferred compensation plan may only 23
include an automatic enrollment arrangement upon 24
approval of the Legislature; authorizing that certain 25
HB 985 2025
CODING: Words stricken are deletions; words underlined are additions.
hb985-00
Page 2 of 5
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
automatic deferrals be made by payroll deduction; 26
amending ss. 110.114 and 112. 171, F.S.; requiring that 27
a certain deduction of the wages or salary of 28
employees be treated in a specified manner; making 29
technical changes; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. This act may be cited as the "Deferred 34
Compensation Automatic Enrollment Act." 35
Section 2. Subsection (3) of section 112.215, Florida 36
Statutes, is amended to read: 37
112.215 Government employees; deferred compensation 38
program.— 39
(3)(a) In accordance with a p lan of deferred compensation 40
which has been approved as herein provided, the state or any 41
state agency, county, municipality, other political subdivision, 42
or constitutional county officer may, by contract or a 43
collective bargaining agreement, agree with an y employee to 44
defer all or any portion of that employee's otherwise payable 45
compensation and, pursuant to the terms of such approved plan 46
and in such proportions as may be designated or directed under 47
that plan, place such deferred compensation in savings accounts 48
or use the same to purchase fixed or variable life insurance or 49
annuity contracts, securities, evidence of indebtedness, or such 50
HB 985 2025
CODING: Words stricken are deletions; words underlined are additions.
hb985-00
Page 3 of 5
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
other investment products as may have been approved for the 51
purposes of carrying out the objectives of such plan. Such 52
insurance, annuity, savings, or investment products must shall 53
be underwritten and offered in compliance with the applicable 54
federal and state laws and regulations by persons who are duly 55
authorized by the applicable state and federal authorities. 56
(b) Such plan of deferred compensation may include an 57
automatic enrollment arrangement under which a government 58
employee's otherwise payable compensation is deducted and 59
contributed to the plan unless the government employee elects 60
not to contribute or elects t o contribute a different rate or 61
amount. Such automatic enrollment arrangement must establish a 62
default contribution rate, may provide for the periodic 63
reenrollment of government employees eligible but not 64
participating in the plan, and may allow the perio dic resetting 65
of contribution rates for government employees contributing at 66
rates lower than those established by the automatic enrollment 67
arrangement. 68
(c) An automatic enrollment arrangement must provide that 69
a government employee may, at any time, ele ct not to contribute 70
to the plan or may elect to contribute to the plan at a 71
different rate or amount than the default rate. 72
(d) If a deferred compensation plan includes an automatic 73
enrollment arrangement, the plan must provide for a default 74
investment into which contributions must be placed in the 75
HB 985 2025
CODING: Words stricken are deletions; words underlined are additions.
hb985-00
Page 4 of 5
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
absence of an election from the government employee. 76
(e) Any county, municipality, or other political 77
subdivision of the state may by ordinance, and any 78
constitutional county officer under s. 1(d), Art. VIII of the 79
State Constitution may, by contract agreement or other 80
documentation constituting approval, adopt an automatic 81
enrollment arrangement for its own deferred compensation 82
program. Notwithstanding subsection (4), the deferred 83
compensation plan of this state may only adopt an automatic 84
enrollment arrangement upon approval of the Legislature. 85
Section 3. Subsection (1) of section 110.114, Florida 86
Statutes, is amended to read: 87
110.114 Employee wage deductions. — 88
(1) The state or any of its department s, bureaus, 89
commissions, and officers are authorized and permitted, with the 90
concurrence of the Department of Financial Services, to make 91
deductions from the salary or wage of any employee or employees 92
in such amount as shall be authorized and requested by such 93
employee or employees and for such purpose as shall be 94
authorized and requested by such employee or employees and shall 95
pay such sums so deducted as directed by such employee or 96
employees. Deduction of the salary or wage of an employee as 97
authorized by an automatic enrollment arrangement pursuant to s. 98
112.215(3)(c) must be treated as authorized and requested by 99
such employee for purposes of this subsection. The concurrence 100
HB 985 2025
CODING: Words stricken are deletions; words underlined are additions.
hb985-00
Page 5 of 5
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
of the Department of Financial Services may shall not be 101
required for the dedu ction of a certified bargaining agent's 102
membership dues deductions pursuant to s. 447.303 or any 103
deductions authorized by a collective bargaining agreement. 104
Section 4. Subsection (1) of section 112.171, Florida 105
Statutes, is amended to read: 106
112.171 Employee wage deductions. — 107
(1) The counties, municipalities, and special districts of 108
the state and the departments, agencies, bureaus, commissions, 109
and officers thereof are authorized and permitted in their sole 110
discretion to make deductions from the salary or wage of any 111
employee or employees in such amount as shall be authorized and 112
requested by such employee or employees and for such purpose as 113
shall be authorized and requested by such employee or employees 114
and shall pay such sums so deducted as directed by such employee 115
or employees. Deduction of the salary or wage of an employee as 116
authorized by an automatic enrollment arrangement pursuant to s. 117
112.215(3)(c) must be treated as authorized and requested by 118
such employee for purposes of this subsection. 119
Section 5. This act shall take effect July 1, 2025. 120