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Home My WebLink About23-019 ORDINANCE NO.23-019 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE "DEFERRED COMPENSATION PROGRAM" TO AMEND SECTION 2-115 "ADMINISTRATION" TO CHANGE ADMINISTRATOR FROM TIAA CREF TO LINCOLN RETIREMENT SERVICES COMPANY, LLC;TO FURTHER DESIGNATE THE COUNTY ADMINISTRATOR AS THE PUBLIC OFFICIAL TO MAKE THE DETERMINATION PROVIDED FOR IN PARAGRAPH (6)(b) OF SECTION 112.215, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE WHEREAS,the Board of County Commissioners of St.Lucie County,Florida,has made the following determinations: 1. Section 112.215, Florida Statutes,authorizes counties to enter into deferred compensation programs for their respective officials and employees. 2. This Board adopted Ordinance No.83-04 establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. 3. Based on the recommendations of the County's Deferred Compensation Committee and the independent investment consultant,The AndCo Consulting,the Board has determined that it is in the best interest of the officers and employees of St. Lucie County to change the deferred compensation program and administrator from TIAA CREF to Lincoln Retirement Services Company, LLC 4. This ordinance is exempt from the provisions of Section 125.66(3), Florida Statutes (requiring the preparation of a business impact estimate) because the County is required by State Law (Section 112.215(5), Florida Statutes)to provide for approval and administration of the County's Deferred Compensation Program (See Section 125.66(3)(c)1, Florida Statutes). NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 2(ADMINISTRATION) The St. Lucie County Code is amended by amending Section 2-115 to read as follows: Section 1-14.5-22 ADMINISTRATION. TIAA CREF Lincoln Retirement Services Company, LLC shall administer the Deferred Compensation Program on behalf of St. Lucie County.The Deferred Compensation Committee shall review the Program periodically. Changes to the Program Administrator may be made by resolution of the Board of County Commissioners. The County Administrator is designated as the public official to make the determinations Underlined passages are added. -1- MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5284659 01/03/2024 02:13:07 PM OR BOOK 5090 PAGE 2996-2998 Doc Type:ORDN RECORDING: $27.00 provided for in paragraph (6)(b) of Section 112.215 Florida Statutes. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. Ifthis ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This Ordinance shall take effect on January 16, 2024. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Linda Bartz AYE Commissioner Jamie Fowler AYE PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. Underlined passages are added. -2- `�'-..,�,c-m,"'- g: passages are added. PASSED AND DULY ADOPTED this 12th day of December 2023. ATTEST: Deputy lerk GpINM/SS'�Z t CAB COUN'N'f BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. �� jl�� JChair APPROVED AS'TQ FORM AND CORRECTNESS: i BY: County Underlined passages are added. —3— "'' "s�`* passages are added. RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 January 4, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Attention: Vera Smith Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the St. Lucie County Ordinance No. 2023-019, which was filed in this office on January 2, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh