CS/CS/HB 3 (Rommel) and CS/SB 302 (Grall) are comprehensive bills aimed at eliminating the consideration of environmental, social and governance (ESG) from government investment strategies, procurements, bond issuances and use of banks. The relevant provisions to local governments are as follows: 

•The bills require fiduciaries of all government retirement plans to make investment decisions that only consider pecuniary factors, which do not include the consideration or furtherance of any social, political or ideological interests. By December 15, 2023, and by December 15 of each odd-numbered year thereafter, each government retirement system or plan shall file a comprehensive report detailing and reviewing the governance policies concerning decision-making in vote decisions and adherence to the fiduciary standards as required by the bill. 

•The bills prohibit local governments from the issuance of bonds used to further an ESG purpose. The bills define ESG bonds to include bonds that will be used to finance a project with an ESG purpose including, but not limited to, green bonds, Certified Climate Bonds, GreenStar designated bonds and other environmental bonds marketed as promoting an environmental objective; social bonds marketed as promoting a social objective; and sustainability bonds and sustainable development goal bonds marketed as promoting both environmental and social objectives. 

•The bills require that any contract between a government entity and an investment manager include provisions requiring a disclaimer be included in any communications from the investment manager. The disclaimer the investment manager must include states: "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." 

•The bills amend the definition of a "qualified public depository" to prohibit government entities from depositing funds in banks that make it a practice to deny or cancel services of its customers based on a person's political opinions, speech, affiliations, lawful ownership or sales of firearms, production of fossil fuels or other factors related to ESG. Pursuant to current law, all public deposits may only be deposited in a qualified public depository.

•Lastly, the bills amend procurement requirements of all governmental entities to prohibit government bodies from giving a preference to vendors based on ESG factors or requesting information from vendors related to ESG. 

CS/CS/HB 3 passed the House (80-31) and is awaiting action by the Senate. (Cruz)