Senate Bill sb1260e1

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  1                      A bill to be entitled

  2         An act relating to financial institutions;

  3         amending ss. 655.043, 655.411, and 658.23,

  4         F.S.; deleting provisions relating to

  5         reservation of proposed names of financial

  6         entities with the Department of State;

  7         providing legislative intent; specifying

  8         certain deposits as pay-on-death designated

  9         accounts under certain circumstances; amending

10         s. 655.50, F.S.; clarifying certain exemption

11         provisions relating to reports by financial

12         institutions for money laundering purposes;

13         amending s. 658.12, F.S.; revising a definition

14         of the term banker's bank; amending s. 658.165,

15         F.S.; providing criteria for formation of a

16         banker's bank; providing application; amending

17         s. 658.19, F.S.; providing for return and

18         resubmission of certain applications under

19         certain circumstances; amending s. 658.21,

20         F.S.; revising application approval criteria

21         relating to limitations on certain capital

22         accounts and experience of certain officers;

23         amending s. 658.235, F.S.; clarifying a

24         requirement for subscriptions for stock;

25         amending s. 658.25, F.S.; revising bank or

26         trust company opening for business date

27         criterion; amending s. 658.26, F.S.; clarifying

28         provisions relating to branch places of

29         transacting business; revising certain

30         operational characteristics; renumbering s.

31         663.066, F.S., as s. 658.285, F.S.; amending s.


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  1         658.34, F.S.; revising a condition for the

  2         issuance of authorized but unissued bank or

  3         trust company capital stock; amending s.

  4         658.73, F.S.; revising certain fees and

  5         assessments provisions; imposing an additional

  6         fee for certain certificates; amending s.

  7         663.09, F.S.; deleting an administrative fine

  8         provision for certain late audits; amending s.

  9         658.48, F.S.; revising limitations on the

10         percentage of the capital accounts of the

11         lending bank which apply to loans made to any

12         one borrower on the security of shares of

13         capital stock; revising the circumstances in

14         which a bank may not make loans; repealing s.

15         655.81, F.S., relating to deposits in trust;

16         amending s. 655.82, F.S.; prescribing

17         survivorship rights among beneficiaries of

18         pay-on-death accounts; providing effective

19         dates.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 655.043, Florida Statutes, is

24  amended to read:

25         655.043  Articles of incorporation; amendments;

26  approval.--

27         (1)  A bank, trust company, or association may not

28  amend its articles of incorporation without the written

29  approval of the department.

30         (2)  The department may not approve any amendment to

31  the articles of incorporation which requests a change in name


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  1  of the bank, trust company, or association without evidence

  2  that the proposed new name has been reserved with the

  3  Department of State.

  4         Section 2.  (1)  Because deposits in trust are also

  5  accounts with a pay-on-death designation as described in

  6  section 655.82, Florida Statutes, it is the intent of the

  7  Legislature that the provisions of section 655.82, Florida

  8  Statutes, shall apply to and govern deposits in trust.

  9  References to section 655.81, Florida Statutes, in any

10  depository agreement shall be interpreted after the effective

11  date of this act as references to section 655.82, Florida

12  Statutes.

13         (2)  This section shall take effect July 1, 2001, and

14  shall apply to deposits made to a depository account created

15  after December 31, 1994.

16         Section 3.  Paragraph (c) of subsection (1) of section

17  655.411, Florida Statutes, is amended to read:

18         655.411  Conversion of charter.--

19         (1)  Any financial entity may apply to the department

20  for permission to convert its charter without a change of

21  business form or convert its charter in order to do business

22  as another type of financial entity in accordance with the

23  following procedures:

24         (c)  The department shall approve the plan if it finds

25  that:

26         1.  The resulting financial entity would have an

27  adequate capital structure with regard to its activities and

28  its deposit liabilities.

29         2.  The proposed conversion would not cause a

30  substantially adverse effect on the financial condition of any

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  1  financial entity already established in the primary service

  2  area.

  3         3.  The officers and directors have sufficient

  4  experience, ability, and standing to indicate reasonable

  5  promise for successful operation of the resulting financial

  6  entity.

  7         4.  The proposed name of the resulting financial entity

  8  has been reserved with the Department of State.

  9         4.5.  The schedule for termination of any nonconforming

10  activities and disposition of any nonconforming assets and

11  liabilities is reasonably prompt, and the plan for such

12  termination and disposition does not include any unsafe or

13  unsound practice.

14         5.6.  None of the officers or directors has been

15  convicted of, or pled guilty or nolo contendere to, a

16  violation of s. 655.50, relating to the Florida Control of

17  Money Laundering in Financial Institutions Act; chapter 896,

18  relating to offenses related to financial transactions; or any

19  similar state or federal law.

20

21  If the department disapproves the plan, it shall state its

22  objections and give an opportunity to the parties to amend the

23  plan to overcome such objections.  The department may deny an

24  application by any financial entity which is subject to a

25  cease and desist order or other supervisory restriction or

26  order imposed by any state or federal supervisory authority,

27  insurer, or guarantor.

28         Section 4.  Subsection (6) and paragraph (d) of

29  subsection (8) of section 655.50, Florida Statutes, are

30  amended to read:

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  1         655.50  Florida Control of Money Laundering in

  2  Financial Institutions Act; reports of transactions involving

  3  currency or monetary instruments; when required; purpose;

  4  definitions; penalties.--

  5         (6)  Unless otherwise provided by rule, a financial

  6  institution may exempt from the reporting requirements of this

  7  section deposits, withdrawals, exchanges, or payments exempted

  8  from the reporting requirements of 31 U.S.C. s. 5313. Each

  9  financial institution shall maintain a record of each

10  designation of a person granted exemption under the authority

11  of 31 U.S.C. s. 5313 granted, including any the name, address,

12  and type of business, taxpayer identification number of the

13  exempt person, as well as the name and address of the

14  financial institution, account number, and the signature of

15  the financial institution official designating the exempt

16  person customer granted the exemption; a written statement

17  describing in detail the customary conduct of the lawful

18  business of that customer and the reasons why such customer

19  qualified for such an exemption; the type of transactions

20  exempted; and the dollar limit of each exempt transaction.

21  Such record of exemptions shall be made available to the

22  department for inspection and copying and shall be submitted

23  to the department within 15 days after request.

24         (8)

25         (d)  The financial institution shall retain a copy of

26  all records of exemption for each designation of exempt person

27  made customer granted pursuant to subsection (6) for a minimum

28  of 5 calendar years after termination of exempt status of such

29  customer. However, if it is known by the financial institution

30  that the customer or the transactions of the customer are the

31  subject of an existing criminal proceeding, the records shall


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  1  be retained for a minimum of 10 calendar years after

  2  termination of exempt status of such customer.

  3         Section 5.  Subsection (3) of section 658.12, Florida

  4  Statutes, is amended to read:

  5         658.12  Definitions.--Subject to other definitions

  6  contained in the financial institutions codes and unless the

  7  context otherwise requires:

  8         (3)  "Banker's bank" means a bank insured by the

  9  Federal Deposit Insurance Corporation, or a holding company

10  which owns or controls such an insured bank, when the stock of

11  such bank or holding company is owned exclusively by other

12  banks and such bank or holding company and all subsidiaries

13  thereof are engaged exclusively in providing services for

14  other financial depository institutions and their officers,

15  directors, and employees.

16         Section 6.  Present subsection (4) of section 658.165,

17  Florida Statutes, is renumbered as subsection (6), and new

18  subsections (4) and (5) are added to that section, to read:

19         658.165  Banker's banks; formation; applicability of

20  financial institutions codes; exceptions.--

21         (4)  A banker's bank may provide services at the

22  request of financial institutions in organizations that have:

23         (a)  Received conditional regulatory approval from the

24  department in the case of a state bank or preliminary approval

25  from the Office of the Comptroller of the Currency in the case

26  of a national bank.

27         (b)  Filed articles of incorporation pursuant to s.

28  658.23 in the case of a state bank, or filed acceptable

29  articles of incorporation and an organization certificate in

30  the case of a national bank.

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  1         (c)  Received capital funds in an amount not less than

  2  the minimum capitalization required in any notice of or order

  3  granting conditional regulatory approval.

  4         (5)  A banker's bank may provide services to the

  5  organizers of a proposed financial institution that has not

  6  received conditional regulatory approval provided that such

  7  services are limited to the financing of the expenses of

  8  organizing such financial institution and expenses relating to

  9  the acquisition or construction of the institution's proposed

10  operating facilities and associated fixtures and equipment.

11         Section 7.  Subsection (3) is added to section 658.19,

12  Florida Statutes, to read:

13         658.19  Application for authority to organize a bank or

14  trust company.--

15         (3)  Notwithstanding chapter 120, an application may be

16  returned to the applicant, on a one-time basis, for correction

17  of substantial deficiencies and may be resubmitted without

18  payment of an additional fee if such resubmission takes place

19  within 60 days after the date the department returns the

20  application.

21         Section 8.  Section 658.21, Florida Statutes, is

22  amended to read:

23         658.21  Approval of application; findings

24  required.--The department shall approve the application if it

25  finds that:

26         (1)  Local conditions indicate reasonable promise of

27  successful operation for the proposed state bank or trust

28  company.  In determining whether an applicant meets the

29  requirements of this subsection, the department shall consider

30  all materially relevant factors, including:

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  1         (a)  The purpose, objectives, and business philosophy

  2  of the proposed state bank or trust company.

  3         (b)  The projected financial performance of the

  4  proposed bank or trust company.

  5         (c)  The feasibility of the proposed bank or trust

  6  company, as stated in the business plan, particularly with

  7  respect to asset and liability growth and management.

  8         (2)  The proposed capitalization is in such amount as

  9  the department deems adequate, but in no case may the total

10  capital accounts at opening for a bank be less than $6 $4

11  million if the proposed bank is to be located in any county

12  which is included in a metropolitan statistical area, or $4 $2

13  million if the proposed bank is to be located in any other

14  county.  The total capital accounts at opening for a trust

15  company may not be less than $2 million. Of total capital

16  accounts at opening, as noted in the application or amendments

17  or changes to the application, at least 25 percent of the

18  capital shall be directly owned or controlled by the

19  organizing directors of the bank. Directors of banks owned by

20  single-bank holding companies shall have direct ownership or

21  control of at least 25 percent of the bank holding company's

22  capital accounts. The department may disallow illegally

23  obtained currency, monetary instruments, funds, or other

24  financial resources from the capitalization requirements of

25  this section.

26         (3)  The proposed capital structure is in such form as

27  the department may require, but, at a minimum, every state

28  bank or trust company hereafter organized shall establish:

29         (a)  paid-in capital equal in amount to not less than

30  50 percent of its total capital accounts and.

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  1         (b)  a paid-in surplus equal in amount to not less than

  2  20 percent of its paid-in capital.

  3         (c)  A fund to be designated as undivided profits equal

  4  in amount to not less than 5 percent of its paid-in capital.

  5         (4)  The proposed officers have sufficient financial

  6  institution experience, ability, standing, and reputation and

  7  the proposed directors have sufficient business experience,

  8  ability, standing, and reputation to indicate reasonable

  9  promise of successful operation, and none of the proposed

10  officers or directors has been convicted of, or pled guilty or

11  nolo contendere to, any violation of s. 655.50, relating to

12  the Florida Control of Money Laundering in Financial

13  Institutions Act; chapter 896, relating to offenses related to

14  financial institutions; or any similar state or federal law.

15  At least two one of the proposed directors who are is not also

16  a proposed officers officer shall have had at least 1 year

17  direct experience as an executive officer, regulator, or

18  director of a financial institution within 3 years of the date

19  of the application. However, This requirement may be waived by

20  the department if the applicant demonstrates that at least one

21  of the proposed directors director has very substantial

22  experience as an executive officer, director, or regulator of

23  a financial institution more than 3 years before the date of

24  the application, the department may modify the requirement and

25  allow only one director to have direct financial institution

26  experience within the last 3 years. The proposed president or

27  chief executive officer shall have had at least 1 year of

28  direct experience as an executive officer, director, or

29  regulator of a financial institution within the last 3 years.

30

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  1         (5)  The corporate name of the proposed state bank or

  2  trust company is approved by reserved with the department of

  3  State.

  4         (6)  Provision has been made for suitable quarters at

  5  the location in the application.

  6         Section 9.  Subsection (6) of section 658.23, Florida

  7  Statutes, is amended to read:

  8         658.23  Submission of articles of incorporation;

  9  contents; form; approval; filing; commencement of corporate

10  existence; bylaws.--

11         (6)  A bank or trust company may not amend its articles

12  of incorporation without the prior written approval of the

13  department.  The department may not approve any amendment to

14  the articles of incorporation which requests a change in name

15  of the bank or trust company without evidence that the

16  proposed name has been reserved with the Department of State.

17         Section 10.  Subsection (1) of section 658.235, Florida

18  Statutes, is amended to read:

19         658.235  Subscriptions for stock; approval of major

20  shareholders.--

21         (1)  Within 6 months after commencement of corporate

22  existence, and at least 30 days prior to opening the issuance

23  of stock, the directors shall have completed the stock

24  offering and shall file with the department a final list of

25  subscribers to all of the capital stock of the proposed bank

26  or trust company showing the name and residence of each

27  subscriber and the amount of stock of every class subscribed

28  for by each.

29         Section 11.  Subsection (1) of section 658.25, Florida

30  Statutes, is amended to read:

31         658.25  Opening for business.--


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  1         (1)  A bank or trust company corporation shall open and

  2  conduct a general commercial bank or trust business no later

  3  than 12 6 months after the commencement of its corporate

  4  existence.  For good cause shown, the department may extend

  5  the opening date for an additional period, not to exceed 6

  6  months, on its own motion or at the request of the bank or

  7  trust company.

  8         Section 12.  Section 658.26, Florida Statutes, is

  9  amended to read:

10         658.26  Places of transacting business; branches;

11  facilities.--

12         (1)  Any bank or trust company heretofore or hereafter

13  incorporated pursuant to this chapter shall have one main

14  office, which shall be located within the state.

15         (2)(a)  In addition, with the approval of the

16  department and upon such conditions as the department

17  prescribes, any bank or trust company may establish branches

18  within or outside the state. With the approval of the

19  department upon a determination that the resulting bank or

20  trust company will be of sound financial condition, any bank

21  or trust company incorporated pursuant to this chapter may

22  establish branches by merger with any other bank or trust

23  company.

24         (b)  An application for a branch by a bank that does

25  not meet the requirements for the branch notification process

26  shall be in writing in such form as the department prescribes

27  and be supported by such information, data, and records as the

28  department may require to make findings necessary for

29  approval. Applications filed pursuant to this subsection shall

30  not be published in the Florida Administrative Weekly but

31  shall otherwise be subject to the provisions of chapter 120.


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  1  Upon the filing of an application and a nonrefundable filing

  2  fee for the establishment of any branch permitted by paragraph

  3  (a), the department shall make an investigation with respect

  4  to compliance with the requirements of paragraph (a) and shall

  5  investigate and consider all factors relevant to such

  6  requirements, including the following:

  7         1.  The sufficiency of capital accounts in relation to

  8  the deposit liabilities of the bank, or in relation to the

  9  number and valuation of fiduciary accounts of the trust

10  company, including the proposed branch, and the additional

11  fixed assets, if any, which are proposed for the branch and

12  its operations, without undue risk to the bank or its

13  depositors, or undue risk to the trust company or its

14  fiduciary accounts;

15         2.  The sufficiency of earnings and earning prospects

16  of the bank or trust company to support the anticipated

17  expenses and any anticipated operating losses of the branch

18  during its formative or initial years;

19         3.  The sufficiency and quality of management available

20  to operate the branch;

21         4.  The name of the proposed branch to determine if it

22  reasonably identifies the branch as a branch of the main

23  office and is not likely to unduly confuse the public; and

24         5.  Substantial compliance by the applicants with

25  applicable law governing their operations.

26         (3)(a)  An office in this state may be relocated with

27  prior written approval of the department. An application for

28  relocation shall be in writing in such form as the department

29  prescribes and shall be supported by such information, data,

30  and records as the department may require to make findings

31  necessary for approval.


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  1         (b)  Applications filed pursuant to this subsection

  2  shall not be published in the Florida Administrative Weekly

  3  but shall otherwise be subject to the provisions of chapter

  4  120. However, an application for the relocation of a main

  5  office that has not been in operation for at least 24 months

  6  shall be published in the Florida Administrative Weekly. Upon

  7  the filing of a relocation application and a nonrefundable

  8  filing fee, the department shall investigate to determine

  9  substantial compliance by the financial institution with

10  applicable law governing its operations. Additional

11  investments in land, buildings, leases, and leasehold

12  improvements resulting from such relocation shall comply with

13  the limitations imposed by s. 658.67(7)(a). A main office may

14  not be moved outside this state unless expressly authorized by

15  the financial institutions codes or by federal law.

16         (c)  A relocation application, filed by a strong,

17  well-managed state bank or trust company that is operating in

18  a safe and sound manner, which is not denied within 10 working

19  days after receipt shall be deemed approved unless the

20  department notifies the financial institution in writing that

21  the application was not complete.

22         (d)  In addition to the application required by

23  paragraph (a), a financial institution whose main office in

24  this state has been in operation less than 24 months must

25  provide evidence that the criteria of s. 658.21(1) will be

26  met.

27         (e)  With 30 days' prior written notice, an established

28  branch office may be consolidated with another established

29  branch office when the two offices are located within a 1-mile

30  radius. The notice shall include any information the

31  department may prescribe by rule.


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  1         (e)(f)  A branch office may be closed with 30 days'

  2  prior written notice to the department. The notice shall

  3  include any information the department may prescribe by rule.

  4         (4)  With prior written notification to the department,

  5  any bank may operate facilities which are not physically

  6  connected to the main or branch office of the bank, provided

  7  that the facilities are situated on the property of the main

  8  or branch office or property contiguous thereto. Property

  9  which is separated from the main or branch office of a bank by

10  only a street, and one or more walkways and alleyways are

11  determined to be, for purposes of this subsection, contiguous

12  to the property of the main or branch office.

13         (5)  A bank may provide, directly or through a contract

14  with another company, off-premises armored car service to its

15  customers.  Armored car services shall not be considered a

16  branch for the purposes of subsection (2).

17         (6)(a)  Any state bank that is a subsidiary of a bank

18  holding company may agree to receive deposits, renew time

19  deposits, close loans, service loans, and receive payments on

20  loans and other obligations, as an agent for an affiliated

21  depository institution.

22         (b)  The term "close loan" does not include the making

23  of a decision to extend credit or the extension of credit.

24         (c)  As used in this section, "receive deposits" means

25  the taking of deposits to be credited to an existing account

26  and does not include the opening or origination of new deposit

27  accounts at an affiliated institution by the agent

28  institution.

29         (d)  Under this section, affiliated banks may act as

30  agents for one another regardless of whether the institutions

31  are located in the same or different states.  This section


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  1  applies solely to affiliated depository institutions acting as

  2  agents, and has no application to agency relationships

  3  concerning nondepositories as agent, whether or not affiliated

  4  with the depository institution.

  5         (e)  In addition, under this section, agent banks may

  6  perform ministerial functions for the principal bank making a

  7  loan.  Ministerial functions include, but are not limited to,

  8  such activities as providing loan applications, assembling

  9  documents, providing a location for returning documents

10  necessary for making the loan, providing loan account

11  information, and receiving payments.  It does not include such

12  loan functions as evaluating applications or disbursing loan

13  funds.

14

15  For the purposes of this section, a strong, well-managed state

16  bank or trust company is an institution that has been in

17  operation for at least 24 months, is well capitalized, has

18  received a satisfactory rating at the institution's most

19  recent state or federal safety and soundness examination, and

20  is not the object of any enforcement action.

21         Section 13.  Section 663.066, Florida Statutes, is

22  transferred and renumbered as section 658.285, Florida

23  Statutes.

24         Section 14.  Paragraph (b) of subsection (4) of section

25  658.34, Florida Statutes, is amended to read:

26         658.34  Shares of capital stock.--

27         (4)  With the approval of the department, a bank or

28  trust company may issue less than all the number of shares of

29  any of its capital stock authorized by its articles of

30  incorporation. Such authorized but unissued shares may be

31  issued only for the following purposes:


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  1         (b)  To declare or pay a stock dividend, with the

  2  approval of the department; however, any such stock dividend

  3  must comply with the provisions of this section and s. 658.37.

  4         Section 15.  Section 658.73, Florida Statutes, is

  5  amended to read:

  6         658.73  Fees and assessments.--

  7         (1)  Each state bank and state trust company shall pay

  8  to the department examination fees and assessments as follows:

  9         (a)  A semiannual fee of $2,500; and

10         (b)  A semiannual assessment, each in such amount as

11  may be determined by the department, by rule, but not

12  exceeding 15 cents for each $1,000 of total assets as shown on

13  the statement of condition of the bank or trust company as of

14  the last business day in June and the last business day in

15  December in each year.  In its determination, the department

16  may consider examination fees and application fees received

17  from banks and trust companies in setting the semiannual

18  assessment for purposes of meeting the cost of regulation of

19  banks and trust companies subject to this chapter.

20         (2)  Applications filed with the department shall be

21  accompanied by payment of the following nonrefundable fees:

22         (a)  Fifteen thousand dollars for each application for

23  authority to organize a new state bank or state trust company.

24         (b)  Two thousand five hundred dollars for each

25  application by an existing bank or association for trust

26  powers.

27         (c)  Seven thousand five hundred dollars for each

28  application for authority to acquire a controlling interest in

29  a state bank or state trust company; however, if more than one

30  bank or trust company is being acquired in any such

31  application, the fee shall be increased by $3,500 for each


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  1  additional bank or trust company.  However, in no event shall

  2  the fee exceed $15,000.

  3         (d)  Seven thousand five hundred dollars for each

  4  application for conversion of a national bank to a state bank.

  5         (e)  Seven hundred fifty dollars for each application

  6  to establish a branch of a strong, well-managed state bank or

  7  trust company as defined in s. 658.26. One thousand five

  8  hundred dollars for each application to establish a branch by

  9  any other state bank or state trust company that does not

10  qualify for the branch notification process.

11         (f)  One thousand five hundred dollars for each

12  application for authority to establish a trust service office

13  of a state trust company or of a trust department of a state

14  bank or association, and a like amount for each application by

15  a bank or association with trust powers which is not a state

16  bank or state association for authority to establish a trust

17  service office at a state bank, state association, or state

18  credit union.

19         (g)  Seven thousand five hundred dollars for each

20  application for a merger or consolidation; however, if three

21  or more banks or trust companies are involved in any such

22  application, the fee shall be $3,500 for each involved

23  institution.  However, in no event shall the fee exceed

24  $15,000.

25         (h)  Two thousand five hundred dollars to establish a

26  successor institution.

27         (i)  Seven Two hundred fifty dollars for each

28  application by a strong, well-managed state bank or trust

29  company, as defined in s. 658.26, to relocate the main office

30  of a state bank or a state trust company. Each other state

31  bank or trust company not operating in a safe and sound manner


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    CS for SB 1260                                 First Engrossed



  1  shall pay a fee of $750 for each application for relocation of

  2  its main office.

  3         (j)  Two thousand five hundred dollars for each

  4  application for the purchase of assets and the assumption of

  5  liabilities. If, as a result of such application, the

  6  applicant will establish more than 10 branch offices within

  7  this state, an application fee of $100 is required for each

  8  additional branch office.

  9         (3)(a)  If, as a result of any application filed with

10  the department, the department determines that an examination

11  is necessary to assess the financial condition of any

12  financial institution, the applying financial institution

13  shall pay to the department a nonrefundable examination fee,

14  pursuant to s. 655.045(1).

15         (b)  The department may refund up to one-half of the

16  fee submitted with an application if the application is

17  withdrawn by the applicant prior to publication in the Florida

18  Administrative Weekly.

19         (4)  Each state bank and state trust company shall pay

20  to the department $25 for each "certificate of good standing"

21  certifying that a state-chartered financial institution is

22  licensed to conduct business in this state under the financial

23  institutions codes. All such requests shall be in writing. The

24  department shall waive this fee when the request is by a state

25  or federal regulatory agency or law enforcement agency.

26         (5)(4)  The amounts of all fees and assessments

27  provided for in this section shall be deemed to be maximum

28  amounts; and the department has the authority to establish, by

29  rule, and from time to time to change, fees and assessments in

30  amounts less than the maximum amounts stated in this section.

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    CS for SB 1260                                 First Engrossed



  1         Section 16.  Subsection (2) of section 663.09, Florida

  2  Statutes, is amended to read:

  3         663.09  Reports; records.--

  4         (2)  The international banking corporation of each

  5  state-licensed international bank agency or international

  6  branch shall perform or cause to be performed an audit of such

  7  international bank agency or international branch.  The

  8  department shall, by rule, prescribe the minimum audit

  9  procedures including the audit reporting requirements which

10  would satisfy the provisions of this subsection.  The late

11  submission of an audit shall be subject to the imposition of

12  the administrative fine prescribed by s. 655.045(2)(b).

13         Section 17.  Subsection (5) of section 658.48, Florida

14  Statutes, is amended to read:

15         658.48  Loans.--A state bank may make loans and

16  extensions of credit, with or without security, subject to the

17  following limitations and provisions:

18         (5)  SPECIAL PROVISIONS.--

19         (a)  A limitation of 25 percent of the capital accounts

20  of the lending bank applies to the aggregate of all loans made

21  to a corporation together with all loans secured by shares of

22  stock, bonds, or other obligations of the same corporation,

23  unless the stocks or bonds are listed and traded on a

24  recognized stock exchange or are registered under the

25  Securities Exchange Act of 1934 or are registered with the

26  Board of Governors of the Federal Reserve System, with the

27  Federal Deposit Insurance Corporation, or with the Comptroller

28  of the Currency, in which case no aggregate loan limit

29  applies.

30         (b)  A limitation of 15 percent of the capital accounts

31  of the lending bank applies to loans made to any one borrower


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    CS for SB 1260                                 First Engrossed



  1  on the security of shares of capital stock listed and traded

  2  on a recognized exchange. A limitation of 10 percent of the

  3  capital accounts of the lending bank applies to loans made to

  4  any one borrower on the security of shares of capital stock

  5  not listed on a recognized exchange or the obligations

  6  subordinate to deposits of another bank.  A limitation of 25

  7  percent of the capital accounts of the lending state bank

  8  applies to the aggregate of all loans secured by the shares of

  9  capital stock or the obligations subordinate to deposits of

10  any one bank.

11         (c)  No loan shall be made by a bank:

12         1.  On the security of the shares of its own capital

13  stock, of stock of its own one-bank holding company, or of its

14  obligations subordinate to deposits.

15         2.  On an unsecured basis for the purpose of the

16  purchase of shares of its own capital stock, stock of its own

17  one-bank holding company, or its obligations subordinate to

18  deposits.

19         3.  On a secured or unsecured basis for the purpose of

20  the purchase of shares of the stock of its one-bank holding

21  company.

22         (d)  A one-bank holding company bank may make loans on

23  its own one-bank holding company stock. For capital stock that

24  is listed and traded on a recognized exchange, the stock may

25  not be valued at more than 70 percent of its current market

26  value, and for capital stock that is not listed and traded on

27  a recognized exchange, the stock may not be valued at more

28  than 70 percent of its current book value.

29         (e)(d)  Loans based upon the security of real estate

30  mortgages shall be documented as first liens, except that

31  liens other than first liens may be taken:


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    CS for SB 1260                                 First Engrossed



  1         1.  To protect a loan previously made in good faith;

  2         2.  To further secure a loan otherwise amply and

  3  entirely secured;

  4         3.  As additional security for Federal Housing

  5  Administration Title 1 loans or loans made with participation

  6  or guaranty by the Small Business Administration;

  7         4.  To secure a loan not in excess of 15 percent of the

  8  capital accounts of the bank; or

  9         5.  As provided by rules of the department.

10         (f)(e)  In computing the total liabilities of any

11  person, there shall be included all loans endorsed or

12  guaranteed as to repayment by such person and by any related

13  interest of such person.

14         (g)(f)  All loan documentation shall be written in the

15  English language or contain an English translation of foreign

16  language provisions.

17         Section 18.  Effective July 1, 2001, section 655.81,

18  Florida Statutes, is repealed.

19         Section 19.  Paragraph (b) of subsection (3) of section

20  655.82, Florida Statutes, is amended to read:

21         655.82  Pay-on-death accounts.--

22         (3)  In an account with a pay-on-death designation:

23         (b)  On the death of the sole party or the last

24  survivor of two or more parties, sums on deposit belong to the

25  surviving beneficiary or beneficiaries. If two or more

26  beneficiaries survive, sums on deposit belong to them in equal

27  and undivided shares, and, unless otherwise provided in a

28  depository agreement written between December 31, 1994, and

29  July 1, 2001, there is no right of survivorship in the event

30  of death of a beneficiary thereafter. If no beneficiary

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    CS for SB 1260                                 First Engrossed



  1  survives, sums on deposit belong to the estate of the last

  2  surviving party.

  3         Section 20.  Except as otherwise expressly provided in

  4  this act, this act shall take effect upon becoming a law.

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