Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2032
Barcode 213498
CHAMBER ACTION
Senate House
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05/04/2005 10:54 AM .
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11 Senator Atwater moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 45, between lines 20 and 21,
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16 insert:
17 Section 29. Subsection (4) of section 201.23, Florida
18 Statutes, is amended to read:
19 201.23 Foreign notes and other written obligations
20 exempt.--
21 (4)(a) The excise taxes imposed by this chapter shall
22 not apply to the documents, notes, evidences of indebtedness,
23 financing statements, drafts, bills of exchange, or other
24 taxable items dealt with, made, issued, drawn upon, accepted,
25 delivered, shipped, received, signed, executed, assigned,
26 transferred, or sold by or to a banking organization, as
27 defined in s. 199.023(9), in the conduct of an international
28 banking transaction, as defined in s. 199.023(11). Nothing in
29 this subsection shall be construed to change the application
30 of paragraph (2)(a).
31 (b) For purposes of this subsection, the term:
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2032
Barcode 213498
1 1. "Banking organization" means:
2 a. A bank organized and existing under the laws of any
3 state;
4 b. A national bank organized and existing pursuant to
5 the provisions of the National Bank Act, 12 U.S.C. ss. 21 et
6 seq.;
7 c. An Edge Act corporation organized pursuant to the
8 provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C.
9 ss. 611 et seq.;
10 d. An international bank agency licensed pursuant to
11 the laws of any state;
12 e. A federal agency licensed pursuant to ss. 4 and 5
13 of the International Banking Act of 1978;
14 f. A savings association organized and existing under
15 the laws of any state;
16 g. A federal association organized and existing
17 pursuant to the provisions of the Home Owners' Loan Act of
18 1933, 12 U.S.C. ss. 1461 et seq.; or
19 h. A Florida export finance corporation organized and
20 existing pursuant to the provisions of part V of chapter 288.
21 2. "International banking transaction" means:
22 a. The financing of the exportation from, or the
23 importation into, the United States or between jurisdictions
24 abroad of tangible personal property or services;
25 b. The financing of the production, preparation,
26 storage, or transportation of tangible personal property or
27 services which are identifiable as being directly and solely
28 for export from, or import into, the United States or between
29 jurisdictions abroad;
30 c. The financing of contracts, projects, or activities
31 to be performed substantially abroad, except those
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2032
Barcode 213498
1 transactions secured by a mortgage, deed of trust, or other
2 lien upon real property located in the state;
3 d. The receipt of deposits or borrowings or the
4 extensions of credit by an international banking facility,
5 except the loan or deposit of funds secured by mortgage, deed
6 of trust, or other lien upon real property located in the
7 state; or
8 e. Entering into foreign exchange trading or hedging
9 transactions in connection with the activities described in
10 sub-subparagraph d.
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12 (Redesignate subsequent sections.)
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15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 4, line 4, after the semicolon,
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19 insert:
20 amending s. 201.23, F.S.; defining the terms
21 "banking organization" and "international
22 banking transaction," relating to exemption
23 from certain excise taxes;
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