House Bill hb0521c1

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    Florida House of Representatives - 2001              CS/HB 521

        By the Council for Competitive Commerce and
    Representatives Green and Goodlette





  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. 655.82, F.S.; providing for a right

14         of survivorship relating to sums on deposit in

15         certain accounts under certain circumstances;

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

17         of banker's bank; amending s. 658.165, F.S.;

18         providing criteria for formation of a banker's

19         bank; providing application; amending s.

20         658.19, F.S.; providing for return and

21         resubmission of certain applications under

22         certain circumstances; amending s. 658.21,

23         F.S.; revising application approval criteria

24         relating to limitations on certain capital

25         accounts and experience of certain officers;

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

27         requirement for subscriptions for stock;

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

29         trust company opening for business date

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

31         provisions relating to branch places of

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  1         transacting business; revising certain

  2         operational characteristics; renumbering s.

  3         663.066, F.S., as s. 658.285, F.S.; amending s.

  4         658.34, F.S.; revising a condition for the

  5         issuance of authorized but unissued bank or

  6         trust company capital stock; amending s.

  7         658.48, F.S.; revising special provisions

  8         relating to limitations on certain state bank

  9         loans; amending s. 658.73, F.S.; revising

10         certain fees and assessments provisions;

11         imposing an additional fee for certain

12         certificates; amending s. 663.09, F.S.;

13         deleting an administrative fine provision for

14         certain late audits; repealing s. 655.81, F.S.,

15         relating to deposits in trust; providing

16         effective dates.

17

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

19

20         Section 1.  Section 655.043, Florida Statutes, is

21  amended to read:

22         655.043  Articles of incorporation; amendments;

23  approval.--

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

25  amend its articles of incorporation without the written

26  approval of the department.

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

28  the articles of incorporation which requests a change in name

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

30  that the proposed new name has been reserved with the

31  Department of State.

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

  2  accounts with a pay-on-death designation as described in s.

  3  655.82, Florida Statutes, it is the intent of the Legislature

  4  that the provisions of s. 655.82, Florida Statutes, shall

  5  apply to and govern deposits in trust. References to s.

  6  655.81, Florida Statutes, in any depository agreement shall be

  7  interpreted after the effective date of this act as references

  8  to s. 655.82, Florida Statutes.

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

10  shall apply to deposits made to a depository account created

11  after December 31, 1994.

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

13  655.411, Florida Statutes, is amended to read:

14         655.411  Conversion of charter.--

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

16  for permission to convert its charter without a change of

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

18  as another type of financial entity in accordance with the

19  following procedures:

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

21  that:

22         1.  The resulting financial entity would have an

23  adequate capital structure with regard to its activities and

24  its deposit liabilities.

25         2.  The proposed conversion would not cause a

26  substantially adverse effect on the financial condition of any

27  financial entity already established in the primary service

28  area.

29         3.  The officers and directors have sufficient

30  experience, ability, and standing to indicate reasonable

31

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  1  promise for successful operation of the resulting financial

  2  entity.

  3         4.  The proposed name of the resulting financial entity

  4  has been reserved with the Department of State.

  5         4.5.  The schedule for termination of any nonconforming

  6  activities and disposition of any nonconforming assets and

  7  liabilities is reasonably prompt, and the plan for such

  8  termination and disposition does not include any unsafe or

  9  unsound practice.

10         5.6.  None of the officers or directors has been

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

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

13  Money Laundering in Financial Institutions Act; chapter 896,

14  relating to offenses related to financial transactions; or any

15  similar state or federal law.

16

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

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

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

20  application by any financial entity which is subject to a

21  cease and desist order or other supervisory restriction or

22  order imposed by any state or federal supervisory authority,

23  insurer, or guarantor.

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

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

26  amended to read:

27         655.50  Florida Control of Money Laundering in

28  Financial Institutions Act; reports of transactions involving

29  currency or monetary instruments; when required; purpose;

30  definitions; penalties.--

31

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

  2  institution may exempt from the reporting requirements of this

  3  section deposits, withdrawals, exchanges, or payments exempted

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

  5  financial institution shall maintain a record of each

  6  designation of a person granted exemption under the authority

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

  8  and type of business, taxpayer identification number of the

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

10  financial institution, account number, and the signature of

11  the financial institution official designating the exempt

12  person customer granted the exemption; a written statement

13  describing in detail the customary conduct of the lawful

14  business of that customer and the reasons why such customer

15  qualified for such an exemption; the type of transactions

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

17  Such record of exemptions shall be made available to the

18  department for inspection and copying and shall be submitted

19  to the department within 15 days after request.

20         (8)

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

22  all records of exemption for each designation of exempt person

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

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

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

26  that the customer or the transactions of the customer are the

27  subject of an existing criminal proceeding, the records shall

28  be retained for a minimum of 10 calendar years after

29  termination of exempt status of such customer.

30         Section 5.  Paragraph (b) of subsection (3) of section

31  655.82, Florida Statutes, is amended to read:

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  1         655.82  Pay-on-death accounts.--

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

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

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

  5  surviving beneficiary or beneficiaries. If two or more

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

  7  and undivided shares, and, unless otherwise provided in

  8  depository agreements written between December 31, 1994, and

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

10  of death of a beneficiary thereafter. If no beneficiary

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

12  surviving party.

13         Section 6.  Subsection (3) of section 658.12, Florida

14  Statutes, is amended to read:

15         658.12  Definitions.--Subject to other definitions

16  contained in the financial institutions codes and unless the

17  context otherwise requires:

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

19  Federal Deposit Insurance Corporation, or a holding company

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

21  such bank or holding company is owned exclusively by other

22  banks and such bank or holding company and all subsidiaries

23  thereof are engaged exclusively in providing services for

24  other financial depository institutions and their officers,

25  directors, and employees.

26         Section 7.  Subsection (4) of section 658.165, Florida

27  Statutes, is renumbered as subsection (6), and subsections (4)

28  and (5) are added to said section to read:

29         658.165  Banker's banks; formation; applicability of

30  financial institutions codes; exceptions.--

31

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

  2  request of financial institutions in organizations that have:

  3         (a)  Received conditional regulatory approval from the

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

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

  6  of a national bank.

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

  8  658.23 in the case of a state bank, or filed acceptable

  9  articles of incorporation and an organization certificate in

10  the case of a national bank.

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

12  the minimum capitalization required in any notice of or order

13  granting conditional regulatory approval.

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

15  organizers of a proposed financial institution that has not

16  received conditional regulatory approval, provided that such

17  services are limited to the financing of the expenses of

18  organizing such financial institution and expenses relating to

19  the acquisition or construction of the institution's proposed

20  operating facilities and associated fixtures and equipment.

21         (6)(4)  If the department finds that any provision of

22  this chapter is inconsistent with the purpose for which a

23  banker's bank is organized and that the welfare of the public

24  or any financial institution would not be jeopardized thereby,

25  it may by rule or order exempt a banker's bank from such

26  provision or limit the application thereof.

27         Section 8.  Subsection (3) is added to section 658.19,

28  Florida Statutes, to read:

29         658.19  Application for authority to organize a bank or

30  trust company.--

31

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

  2  returned to the applicant, on a onetime basis, for correction

  3  of substantial deficiencies and may be resubmitted without

  4  payment of an additional fee if such resubmission takes place

  5  within 60 days after the date the department returns the

  6  application.

  7         Section 9.  Section 658.21, Florida Statutes, is

  8  amended to read:

  9         658.21  Approval of application; findings

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

11  finds that:

12         (1)  Local conditions indicate reasonable promise of

13  successful operation for the proposed state bank or trust

14  company.  In determining whether an applicant meets the

15  requirements of this subsection, the department shall consider

16  all materially relevant factors, including:

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

18  of the proposed state bank or trust company.

19         (b)  The projected financial performance of the

20  proposed bank or trust company.

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

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

23  respect to asset and liability growth and management.

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

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

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

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

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

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

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

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

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

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

  3  capital shall be directly owned or controlled by the

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

  5  single-bank holding companies shall have direct ownership or

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

  7  capital accounts. The department may disallow illegally

  8  obtained currency, monetary instruments, funds, or other

  9  financial resources from the capitalization requirements of

10  this section.

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

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

13  bank or trust company hereafter organized shall establish:

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

15  50 percent of its total capital accounts and.

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

17  20 percent of its paid-in capital.

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

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

20         (4)  The proposed officers have sufficient financial

21  institution experience, ability, standing, and reputation and

22  the proposed directors have sufficient business experience,

23  ability, standing, and reputation to indicate reasonable

24  promise of successful operation, and none of the proposed

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

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

27  the Florida Control of Money Laundering in Financial

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

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

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

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

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  1  direct experience as an executive officer, regulator, or

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

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

  4  the department if the applicant demonstrates that at least one

  5  of the proposed directors director has very substantial

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

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

  8  the application, the department may modify the requirement and

  9  allow only one director to have direct financial institution

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

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

12  direct experience as an executive officer, director, or

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

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

15  trust company is approved by reserved with the department of

16  State.

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

18  the location in the application.

19         Section 10.  Subsection (6) of section 658.23, Florida

20  Statutes, is amended to read:

21         658.23  Submission of articles of incorporation;

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

23  existence; bylaws.--

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

25  of incorporation without the prior written approval of the

26  department.  The department may not approve any amendment to

27  the articles of incorporation which requests a change in name

28  of the bank or trust company without evidence that the

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

30         Section 11.  Subsection (1) of section 658.235, Florida

31  Statutes, is amended to read:

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  1         658.235  Subscriptions for stock; approval of major

  2  shareholders.--

  3         (1)  Within 6 months after commencement of corporate

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

  5  of stock, the directors shall have completed the stock

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

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

  8  or trust company showing the name and residence of each

  9  subscriber and the amount of stock of every class subscribed

10  for by each.

11         Section 12.  Subsection (1) of section 658.25, Florida

12  Statutes, is amended to read:

13         658.25  Opening for business.--

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

15  conduct a general commercial bank or trust business no later

16  than 12 6 months after the commencement of its corporate

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

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

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

20  trust company.

21         Section 13.  Section 658.26, Florida Statutes, is

22  amended to read:

23         658.26  Places of transacting business; branches;

24  facilities.--

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

26  incorporated pursuant to this chapter shall have one main

27  office, which shall be located within the state.

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

29  department and upon such conditions as the department

30  prescribes, any bank or trust company may establish branches

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

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  1  department upon a determination that the resulting bank or

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

  3  or trust company incorporated pursuant to this chapter may

  4  establish branches by merger with any other bank or trust

  5  company.

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

  7  not meet the requirements for the branch notification process

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

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

10  department may require to make findings necessary for

11  approval. Applications filed pursuant to this subsection shall

12  not be published in the Florida Administrative Weekly but

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

14  Upon the filing of an application and a nonrefundable filing

15  fee for the establishment of any branch permitted by paragraph

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

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

18  investigate and consider all factors relevant to such

19  requirements, including the following:

20         1.  The sufficiency of capital accounts in relation to

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

22  number and valuation of fiduciary accounts of the trust

23  company, including the proposed branch, and the additional

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

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

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

27  fiduciary accounts;

28         2.  The sufficiency of earnings and earning prospects

29  of the bank or trust company to support the anticipated

30  expenses and any anticipated operating losses of the branch

31  during its formative or initial years;

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  1         3.  The sufficiency and quality of management available

  2  to operate the branch;

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

  4  reasonably identifies the branch as a branch of the main

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

  6         5.  Substantial compliance by the applicants with

  7  applicable law governing their operations.

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

  9  prior written approval of the department. An application for

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

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

12  and records as the department may require to make findings

13  necessary for approval.

14         (b)  Applications filed pursuant to this subsection

15  shall not be published in the Florida Administrative Weekly

16  but shall otherwise be subject to the provisions of chapter

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

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

19  shall be published in the Florida Administrative Weekly. Upon

20  the filing of a relocation application and a nonrefundable

21  filing fee, the department shall investigate to determine

22  substantial compliance by the financial institution with

23  applicable law governing its operations. Additional

24  investments in land, buildings, leases, and leasehold

25  improvements resulting from such relocation shall comply with

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

27  not be moved outside this state unless expressly authorized by

28  the financial institutions codes or by federal law.

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

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

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

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  1  days after receipt shall be deemed approved unless the

  2  department notifies the financial institution in writing that

  3  the application was not complete.

  4         (d)  In addition to the application required by

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

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

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

  8  met.

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

10  branch office may be consolidated with another established

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

12  radius. The notice shall include any information the

13  department may prescribe by rule.

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

15  prior written notice to the department. The notice shall

16  include any information the department may prescribe by rule.

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

18  any bank may operate facilities which are not physically

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

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

21  or branch office or property contiguous thereto. Property

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

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

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

25  to the property of the main or branch office.

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

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

28  customers.  Armored car services shall not be considered a

29  branch for the purposes of subsection (2).

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

31  holding company may agree to receive deposits, renew time

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

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

  3  depository institution.

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

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

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

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

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

  9  accounts at an affiliated institution by the agent

10  institution.

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

12  agents for one another regardless of whether the institutions

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

14  applies solely to affiliated depository institutions acting as

15  agents, and has no application to agency relationships

16  concerning nondepositories as agent, whether or not affiliated

17  with the depository institution.

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

19  perform ministerial functions for the principal bank making a

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

21  such activities as providing loan applications, assembling

22  documents, providing a location for returning documents

23  necessary for making the loan, providing loan account

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

25  loan functions as evaluating applications or disbursing loan

26  funds.

27

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

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

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

31  received a satisfactory rating at the institution's most

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  1  recent state or federal safety and soundness examination, and

  2  is not the object of any enforcement action.

  3         Section 14.  Section 663.066, Florida Statutes, is

  4  renumbered as section 658.285, Florida Statutes.

  5         Section 15.  Paragraph (b) of subsection (4) of section

  6  658.34, Florida Statutes, is amended to read:

  7         658.34  Shares of capital stock.--

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

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

10  any of its capital stock authorized by its articles of

11  incorporation. Such authorized but unissued shares may be

12  issued only for the following purposes:

13         (b)  To declare or pay a stock dividend; however, any

14  such stock dividend shall comply with the provisions of this

15  section and s. 658.37, with the approval of the department.

16         Section 16.  Subsection (5) of section 658.48, Florida

17  Statutes, is amended to read:

18         658.48  Loans.--A state bank may make loans and

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

20  following limitations and provisions:

21         (5)  SPECIAL PROVISIONS.--

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

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

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

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

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

27  recognized stock exchange or are registered under the

28  Securities Exchange Act of 1934 or are registered with the

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

30  Federal Deposit Insurance Corporation, or with the Comptroller

31

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

  2  applies.

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

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

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

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

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

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

  9  not listed and traded on a recognized exchange or the

10  obligations subordinate to deposits of another bank.  A

11  limitation of 25 percent of the capital accounts of the

12  lending state bank applies to the aggregate of all loans

13  secured by the shares of capital stock or the obligations

14  subordinate to deposits of any one bank.

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

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

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

18  obligations subordinate to deposits.

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

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

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

22  deposits.

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

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

25  company.

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

27  its own one-bank holding company stock.  For capital stock

28  that is listed and traded on a recognized exchange, the stock

29  may not be valued at more than 70 percent of its current

30  market value and for capital stock that is not listed and

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  1  traded on a recognized exchange, the stock may not be valued

  2  at more than 70 percent of its current book value.

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

  4  mortgages shall be documented as first liens, except that

  5  liens other than first liens may be taken:

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

  7         2.  To further secure a loan otherwise amply and

  8  entirely secured;

  9         3.  As additional security for Federal Housing

10  Administration Title 1 loans or loans made with participation

11  or guaranty by the Small Business Administration;

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

13  capital accounts of the bank; or

14         5.  As provided by rules of the department.

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

16  person, there shall be included all loans endorsed or

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

18  interest of such person.

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

20  English language or contain an English translation of foreign

21  language provisions.

22         Section 17.  Section 658.73, Florida Statutes, is

23  amended to read:

24         658.73  Fees and assessments.--

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

26  to the department examination fees and assessments as follows:

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

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

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

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

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

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  1  the last business day in June and the last business day in

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

  3  may consider examination fees and application fees received

  4  from banks and trust companies in setting the semiannual

  5  assessment for purposes of meeting the cost of regulation of

  6  banks and trust companies subject to this chapter.

  7         (2)  Applications filed with the department shall be

  8  accompanied by payment of the following nonrefundable fees:

  9         (a)  Fifteen thousand dollars for each application for

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

11         (b)  Two thousand five hundred dollars for each

12  application by an existing bank or association for trust

13  powers.

14         (c)  Seven thousand five hundred dollars for each

15  application for authority to acquire a controlling interest in

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

17  bank or trust company is being acquired in any such

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

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

20  the fee exceed $15,000.

21         (d)  Seven thousand five hundred dollars for each

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

23         (e)  Seven hundred fifty dollars for each application

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

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

26  hundred dollars for each application to establish a branch by

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

28  qualify for the branch notification process.

29         (f)  One thousand five hundred dollars for each

30  application for authority to establish a trust service office

31  of a state trust company or of a trust department of a state

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

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

  3  bank or state association for authority to establish a trust

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

  5  credit union.

  6         (g)  Seven thousand five hundred dollars for each

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

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

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

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

11  $15,000.

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

13  successor institution.

14         (i)  Seven Two hundred fifty dollars for each

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

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

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

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

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

20  its main office.

21         (j)  Two thousand five hundred dollars for each

22  application for the purchase of assets and the assumption of

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

24  applicant will establish more than 10 branch offices within

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

26  additional branch office.

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

28  the department, the department determines that an examination

29  is necessary to assess the financial condition of any

30  financial institution, the applying financial institution

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  1  shall pay to the department a nonrefundable examination fee,

  2  pursuant to s. 655.045(1).

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

  4  fee submitted with an application if the application is

  5  withdrawn by the applicant prior to publication in the Florida

  6  Administrative Weekly.

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

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

  9  certifying a state-chartered financial institution is licensed

10  to conduct business in this state under the financial

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

12  department shall waive such fee when the request is by a state

13  or federal regulatory agency or law enforcement agency.

14         (5)(4)  The amounts of all fees and assessments

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

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

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

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

19         Section 18.  Subsection (2) of section 663.09, Florida

20  Statutes, is amended to read:

21         663.09  Reports; records.--

22         (2)  The international banking corporation of each

23  state-licensed international bank agency or international

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

25  international bank agency or international branch.  The

26  department shall, by rule, prescribe the minimum audit

27  procedures including the audit reporting requirements which

28  would satisfy the provisions of this subsection.  The late

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

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

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  1         Section 19.  Effective July 1, 2001, section 655.81,

  2  Florida Statutes, is repealed.

  3         Section 20.  Except as otherwise provided herein, this

  4  act shall take effect upon becoming a law.

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