Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (567188) for CS for SB 736
       
       
       
       
       
       
                                Ì398992_Î398992                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2017           .                                
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       The Committee on Appropriations (Mayfield) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) of subsection (1) of section
    6  655.005, Florida Statutes, is amended to read:
    7         655.005 Definitions.—
    8         (1) As used in the financial institutions codes, unless the
    9  context otherwise requires, the term:
   10         (i) “Financial institution” means a state or federal
   11  savings or thrift association, bank, savings bank, trust
   12  company, international bank agency, international banking
   13  corporation, international branch, international representative
   14  office, international administrative office, international trust
   15  entity, international trust company representative office,
   16  qualified limited service affiliate, credit union, or an
   17  agreement corporation operating pursuant to s. 25 of the Federal
   18  Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation
   19  organized pursuant to s. 25(a) of the Federal Reserve Act, 12
   20  U.S.C. ss. 611 et seq.
   21         Section 2. Subsection (1) and paragraph (b) of subsection
   22  (2) of section 655.059, Florida Statutes, are amended to read:
   23         655.059 Access to books and records; confidentiality;
   24  penalty for disclosure.—
   25         (1) The books and records of a financial institution are
   26  confidential and shall be made available for inspection and
   27  examination only:
   28         (a) To the office or its duly authorized representative;
   29         (b) To any person duly authorized to act for the financial
   30  institution;
   31         (c) To any federal or state instrumentality or agency
   32  authorized to inspect or examine the books and records of an
   33  insured financial institution;
   34         (d) With respect to an international banking corporation or
   35  international trust entity, to the home-country supervisor of
   36  the international banking corporation or international trust
   37  entity, provided:
   38         1. The home-country supervisor provides advance notice to
   39  the office that the home-country supervisor intends to examine
   40  the Florida office of the international banking corporation or
   41  international trust entity. Such examination may be conducted
   42  onsite or offsite and may include ongoing reporting by the
   43  Florida office of the international banking corporation or
   44  international trust entity to the home-country supervisor.
   45         2. The home-country supervisor confirms to the office that
   46  the purpose of the examination is to ensure the safety and
   47  soundness of the international banking corporation or
   48  international trust entity.
   49         3. The books and records pertaining to customer deposit,
   50  investment, and custodial, and trust accounts are not disclosed
   51  to the home-country supervisor.
   52         4. At any time during the conduct of the examination, the
   53  office reserves the right to have an examiner present, or to
   54  participate jointly in the examination, or to receive copies of
   55  all information provided to the home-country supervisor.
   56  
   57  As used in For purposes of this paragraph, the term “home
   58  country supervisor” means the governmental entity in the
   59  international banking corporation’s or international trust
   60  entity’s home country with responsibility for the supervision
   61  and regulation of the safety and soundness of the international
   62  banking corporation or international trust entity;
   63         (e) As compelled by a court of competent jurisdiction,
   64  pursuant to a subpoena issued pursuant to the Florida Rules of
   65  Civil Procedure, the Florida Rules of Criminal Procedure, or the
   66  Federal Rules of Civil Procedure, or pursuant to a subpoena
   67  issued in accordance with state or federal law. Before Prior to
   68  the production of the books and records of a financial
   69  institution, the party seeking production must reimburse the
   70  financial institution for the reasonable costs and fees incurred
   71  in compliance with the production. If the parties disagree
   72  regarding the amount of reimbursement, the party seeking the
   73  records may request the court or agency having jurisdiction to
   74  set the amount of reimbursement;
   75         (f) As compelled by legislative subpoena as provided by
   76  law, in which case the provisions of s. 655.057 apply;
   77         (g) Pursuant to a subpoena, to any federal or state law
   78  enforcement or prosecutorial instrumentality authorized to
   79  investigate suspected criminal activity;
   80         (h) As authorized by the board of directors of the
   81  financial institution; or
   82         (i) As provided in subsection (2).
   83         (2)
   84         (b) The books and records pertaining to trust accounts and
   85  the deposit accounts and loans of depositors, borrowers,
   86  members, and stockholders of any financial institution shall be
   87  kept confidential by the financial institution and its
   88  directors, officers, and employees and may shall not be released
   89  except upon express authorization of the account holder as to
   90  her or his own accounts, loans, or voting rights. However,
   91  information relating to any loan made by a financial institution
   92  may be released without the borrower’s authorization in a manner
   93  prescribed by the board of directors for the purpose of meeting
   94  the needs of commerce and for fair and accurate credit
   95  information. Information may also be released, without the
   96  authorization of a member or depositor but in a manner
   97  prescribed by the board of directors, to verify or corroborate
   98  the existence or amount of a customer’s or member’s account when
   99  such information is reasonably provided to meet the needs of
  100  commerce and to ensure accurate credit information. In addition,
  101  a financial institution, affiliate, and its subsidiaries, and
  102  any holding company of the financial institution or subsidiary
  103  of such holding company, may furnish to one another information
  104  relating to their customers or members, subject to the
  105  requirement that each corporation receiving information that is
  106  confidential maintain the confidentiality of such information
  107  and not provide or disclose such information to any unaffiliated
  108  person or entity. Notwithstanding this paragraph, nothing in
  109  this subsection does not shall prohibit:
  110         1. A financial institution from disclosing financial
  111  information as referenced in this subsection as authorized
  112  permitted by Pub. L. No. 106-102 (1999), as set forth in 15
  113  U.S.C.A. s. 6802, as amended.
  114         2.The Florida office of the international banking
  115  corporation or international trust entity from sharing books and
  116  records under this subsection with the home-country supervisor
  117  in accordance with subsection (1).
  118         Section 3. Section 663.001, Florida Statutes, is created in
  119  part I of chapter 663, Florida Statutes, to read:
  120         663.001Purpose.—The purpose of this part is to establish a
  121  legal and regulatory framework for the conduct by international
  122  banking corporations of financial services business in this
  123  state. This part is intended to:
  124         (1)Support the Florida operations of international banking
  125  corporations and promote the growth of international financial
  126  services to benefit the economy and consumers in this state.
  127         (2)Provide for appropriate supervision and regulatory
  128  oversight to ensure that financial services activities of
  129  international banking corporations in this state are conducted
  130  responsibly and in a safe and sound manner.
  131         Section 4. Subsections (6) and (9) and paragraph (b) of
  132  subsection (11) of section 663.01, Florida Statutes, are amended
  133  to read:
  134         663.01 Definitions.—As used in this part, the term:
  135         (6) “International banking corporation” means a banking
  136  corporation organized and licensed under the laws of a foreign
  137  country. The term “international banking corporation” includes,
  138  without limitation, a foreign commercial bank, foreign merchant
  139  bank, or other foreign institution that engages in banking
  140  activities usual in connection with the business of banking in
  141  the country where such foreign institution is organized or
  142  operating, including a corporation: the sole shareholders of
  143  which are one or more international banking corporations or
  144  holding companies which own or control one or more international
  145  banking corporations which are authorized to carry on a banking
  146  business, or a central bank or government agency of a foreign
  147  country and any affiliate or division thereof; which has the
  148  power to receive deposits from the general public in the country
  149  where it is chartered and organized; and which is under the
  150  supervision of the central bank or other bank regulatory
  151  authority of such country. The term also includes foreign trust
  152  companies, or any similar business entities, including, but not
  153  limited to, foreign banks with fiduciary powers which, that
  154  conduct trust business as defined in the financial institutions
  155  codes.
  156         (9)“International trust company representative office”
  157  means an office of an international banking corporation or trust
  158  company organized and licensed under the laws of a foreign
  159  country which office is established or maintained in this state
  160  for the purpose of engaging in nonfiduciary activities described
  161  in s. 663.0625, or any affiliate, subsidiary, or other person
  162  that engages in such activities on behalf of such international
  163  banking corporation or trust company from an office located in
  164  this state.
  165         (10)(11) “Nonresident” means:
  166         (b) A person, other than an individual, whose principal
  167  place of business or domicile is outside the United States and
  168  includes a person who conducts a majority of its business
  169  activities in a foreign country and any foreign government and
  170  its subdivision, agencies, and instrumentalities. Any person who
  171  conducts business in the United States is considered to have its
  172  principal place of business outside the United States if any one
  173  of the following requirements is satisfied for its most recent
  174  fiscal year:
  175         1. Its assets located outside the United States exceed its
  176  assets located within the United States;
  177         2. Its gross revenues generated outside the United States
  178  exceed its gross revenues generated within the United States; or
  179         3. Its payroll expenses incurred outside the United States
  180  exceed its payroll expenses incurred within the United States.
  181         Section 5. Section 663.02, Florida Statutes, is amended to
  182  read:
  183         663.02 Applicability of the financial institutions codes
  184  state banking laws.—
  185         (1) International banking corporations having offices in
  186  this state are subject to all the provisions of the financial
  187  institutions codes and chapter 655 as though such corporations
  188  were state banks or trust companies, except where it may appear,
  189  from the context or otherwise, that such provisions are clearly
  190  applicable only to banks or trust companies organized under the
  191  laws of this state or the United States. Without limiting the
  192  foregoing general provisions, it is the intent of the
  193  Legislature that the following provisions are applicable to such
  194  banks or trust companies: s. 655.031, relating to administrative
  195  enforcement guidelines; s. 655.032, relating to investigations,
  196  subpoenas, hearings, and witnesses; s. 655.0321, relating to
  197  hearings, proceedings, and related documents and restricted
  198  access thereto; s. 655.033, relating to cease and desist orders;
  199  s. 655.037, relating to removal by the office of an officer,
  200  director, committee member, employee, or other person; s.
  201  655.041, relating to administrative fines and enforcement; s.
  202  655.50, relating to the control of money laundering and
  203  terrorist financing; and any law for which the penalty is
  204  increased under s. 775.31 for facilitating or furthering
  205  terrorism. International banking corporations do not have the
  206  powers conferred on domestic banks by s. 658.60, relating to
  207  deposits of public funds. Chapter 687, relating to interest and
  208  usury, applies to all bank loans.
  209         (2) Neither an international bank agency nor an
  210  international branch shall have any greater right under, or by
  211  virtue of, this section than is granted to banks organized under
  212  the laws of this state. Legal and financial terms used herein
  213  shall be deemed to refer to equivalent terms used by the country
  214  in which the international banking corporation is organized.
  215  This chapter and the financial institutions codes may not be
  216  construed to authorize any international banking corporation or
  217  trust company to conduct trust business, as defined in s.
  218  658.12, from an office in this state except for those activities
  219  specifically authorized by s. 663.061(5) ss. 663.061(5) and
  220  663.0625.
  221         Section 6. Subsection (1) of section 663.021, Florida
  222  Statutes, is amended to read:
  223         663.021 Civil action subpoena enforcement.—
  224         (1) Notwithstanding s. 655.059, an international
  225  representative office, international bank agency, international
  226  branch, international trust company representative office, or
  227  international administrative office established under this
  228  chapter is not required to produce a book or record pertaining
  229  to a deposit account, investment account, or loan of a customer
  230  of the international banking corporation’s offices that are
  231  located outside the United States or its territories in response
  232  to a subpoena if the book or record is maintained outside the
  233  United States or its territories and is not in the possession,
  234  custody, or control of the international banking corporation’s
  235  office, agency, or branch established in this state.
  236         Section 7. Section 663.04, Florida Statutes, is amended to
  237  read:
  238         663.04 Requirements for carrying on financial institution
  239  business.—An international banking corporation or trust company,
  240  or any affiliate, subsidiary, or other person or business entity
  241  acting as an agent for, on behalf of, or for the benefit of such
  242  international banking corporation or trust company who engages
  243  in such activities from an office located in this state, may not
  244  transact a banking or trust business, or maintain in this state
  245  any office for carrying on such business, or any part thereof,
  246  unless such corporation, trust company, affiliate, subsidiary,
  247  person, or business entity:
  248         (1) Has been authorized by its charter to carry on a
  249  banking or trust business and has complied with the laws of the
  250  jurisdiction in which it is chartered.
  251         (2) Has furnished to the office such proof as to the nature
  252  and character of its business and as to its financial condition
  253  as the commission or office requires.
  254         (3) Has filed with the office a certified copy of that
  255  information required to be supplied to the Department of State
  256  by those provisions of part I of chapter 607 which are
  257  applicable to foreign corporations.
  258         (4) Has received a license duly issued to it by the office.
  259         (5) Has sufficient capital in accordance with the
  260  requirements of capital accounts no less than the minimums
  261  required per s. 663.055 and the rules adopted thereunder and is
  262  not imminently insolvent or insolvent, as those terms are
  263  defined in per s. 655.005(1).
  264         (6)(a) Is not in bankruptcy, conservatorship, receivership,
  265  liquidation, or similar status under the laws of any country.
  266         (b) Is not operating under the direct control of the
  267  government, regulatory, or supervisory authority of the
  268  jurisdiction of its incorporation through government
  269  intervention or any other extraordinary actions.
  270         (c) Has not been in such status or control at any time
  271  within the 3 7 years preceding the date of application for a
  272  license.
  273  
  274  Notwithstanding paragraphs (a) and (b), the office may permit an
  275  international branch, international bank agency, international
  276  administrative office, or international representative office to
  277  remain open and in operation pursuant to s. 663.11(1)(b).
  278         Section 8. Present subsections (4) through (8) of section
  279  663.05, Florida Statutes, are redesignated as subsections (5)
  280  through (9), respectively, a new subsection (4) is added to that
  281  section, and present subsections (4), (5), and (6), paragraph
  282  (c) of present subsection (7), and present subsection (8) of
  283  that section are amended, to read:
  284         663.05 Application for license; approval or disapproval.—
  285         (4)Notwithstanding subsection (1), an international
  286  banking corporation that has operated an international branch,
  287  international bank agency, international administrative office,
  288  or international representative office in this state for a
  289  minimum of 3 years in a safe and sound manner, as defined by
  290  commission rule, and that is otherwise eligible to establish an
  291  additional office may establish one or more additional
  292  international branches, international bank agencies,
  293  international administrative offices, or international
  294  representative offices by providing an abbreviated application
  295  and paying the appropriate license fee pursuant to s. 663.12.
  296  This subsection does not permit an international banking
  297  corporation to file an abbreviated application for any license
  298  type whose permissible activities are broader than those in
  299  which the international banking corporation is currently
  300  authorized to engage.
  301         (5)(4)An application filed pursuant to this section must
  302  shall be made on a form prescribed by the commission office and
  303  must shall contain such information as the commission or office
  304  requires.
  305         (6)(5) The office may, in its discretion, approve or
  306  disapprove the application, but it may shall not approve the
  307  application unless, in its opinion, the applicant meets each and
  308  every requirement of this part and any other applicable
  309  provision of the financial institutions codes. The office shall
  310  approve the application only if it has determined that the
  311  directors, executive officers, and principal shareholders of the
  312  international banking corporation are qualified by reason of
  313  their financial ability, reputation, and integrity and have
  314  sufficient banking and other business experience to indicate
  315  that they will manage and direct the affairs of the
  316  international banking corporation in a safe, sound, and lawful
  317  manner. In the processing of an application filed pursuant to
  318  this section applications, the time limitations under the
  319  Administrative Procedure Act do shall not apply as to approval
  320  or disapproval of the application. For applications filed on or
  321  after January 1, 2018, the time limitations for approval or
  322  disapproval of an application must be prescribed by rule of the
  323  commission.
  324         (7)(6) The office may not issue a license to an
  325  international banking corporation unless:
  326         (a) It is chartered in a jurisdiction in which any
  327  financial institution licensed or chartered by any state or any
  328  federal bank regulatory agency in the United States bank or
  329  trust company having its principal place of business in this
  330  state may establish similar facilities or exercise similar
  331  powers; or
  332         (b) Federal law permits the appropriate federal regulatory
  333  authority to issue a comparable license to the international
  334  banking corporation.
  335         (8)(7) The office may not issue a license to an
  336  international banking corporation for the purpose of operating:
  337         (c)A trust representative office in this state unless the
  338  corporation:
  339         1.Holds an unrestricted license to conduct trust business
  340  in the foreign country under the laws of which it is organized
  341  and chartered.
  342         2.Has been authorized by the foreign country’s trust
  343  business regulatory authority to establish the proposed
  344  international trust representative office.
  345         3.Is adequately supervised by the central bank or trust
  346  regulatory agency in the foreign country in which it is
  347  organized and chartered.
  348         4.Meets all requirements under the financial institutions
  349  codes for the operation of a trust company or trust department
  350  as if it were a state chartered trust company or bank authorized
  351  to exercise fiduciary powers.
  352         (9)(8) The commission shall establish, by rule, the general
  353  principles which shall determine the adequacy of supervision of
  354  an international banking corporation’s foreign establishments.
  355  These principles shall be based upon the need for cooperative
  356  supervisory efforts and consistent regulatory guidelines and
  357  shall address, at a minimum, the capital adequacy, asset
  358  quality, management, earnings, liquidity, internal controls,
  359  audits, and foreign exchange operations and positions of the
  360  international banking corporation. This subsection does shall
  361  not require examination by the home-country regulatory
  362  authorities of any office of an international banking
  363  corporation in this state. The commission may also establish, by
  364  rule, other standards for approval of an application for a
  365  license as considered necessary to ensure the safe and sound
  366  operations of the international banking corporation bank or
  367  trust representative office in this state.
  368         Section 9. Section 663.055, Florida Statutes, is amended to
  369  read:
  370         663.055 Capital requirements.—
  371         (1) To qualify for a license under the provisions of this
  372  part, the proposed capitalization of the international banking
  373  corporation must be in such amount as the office determines is
  374  necessary, taking into consideration the risk profile of the
  375  international banking corporation and the ability of the
  376  international banking corporation to operate a licensed office
  377  in a safe and sound manner. In making this determination, the
  378  office must consider the financial resources of the
  379  international banking corporation, including an international
  380  banking corporation must have net capital accounts, calculated
  381  according to United States generally accepted accounting
  382  principles and practices, of at least:
  383         (a) The international banking corporation’s current and
  384  projected capital position, profitability, level of
  385  indebtedness, and business and strategic plans Forty million
  386  dollars for the establishment of an international bank agency,
  387  an international branch, or an international administrative
  388  office; or
  389         (b) The financial condition of any of the international
  390  banking corporation’s existing offices located in the United
  391  States; Twenty million dollars for the establishment of an
  392  international representative office or international trust
  393  representative office.
  394         (c)The minimum capital requirements of the international
  395  banking corporation’s home-country jurisdiction; and
  396         (d)The capital ratio standards used in the United States
  397  and in the international banking corporation’s home-country
  398  jurisdiction.
  399         (2) The proposed capitalization of the international
  400  banking corporation must be in such amount as the office deems
  401  adequate, but in no case may the total capital accounts of the
  402  international banking corporation be less than the minimum
  403  required under s. 658.21(2) to establish a state bank
  404  Notwithstanding the provisions of paragraph (1)(a), the office
  405  may approve an application for a license to establish an
  406  international bank agency, an international branch, or an
  407  international administrative office if:
  408         (a)The international banking corporation is licensed to
  409  receive deposits from the general public in the country where it
  410  is organized and licensed and to engage in such other activities
  411  as are usual in connection with the business of banking in such
  412  country;
  413         (b)The office receives a certificate that is issued by the
  414  banking or supervisory authority of the country in which the
  415  international banking corporation is organized and licensed and
  416  states that the international banking corporation is duly
  417  organized and licensed and lawfully existing in good standing,
  418  and is empowered to conduct a banking business; and
  419         (c)The international banking corporation has been in the
  420  business of banking for at least 10 years and is ranked by the
  421  banking or supervisory authority of the country in which it is
  422  organized and licensed as one of the five largest banks in that
  423  country in terms of domestic deposits, as of the date of its
  424  most recent statement of financial condition. However, in no
  425  event shall the office approve an application under this
  426  subsection for any international banking corporation with
  427  capital accounts of less than $20 million.
  428         (3) The office may specify such other conditions as it
  429  determines are appropriate, considering the public interest and,
  430  the need to maintain a safe, sound, and competitive banking
  431  system in this state, and the preservation of an environment
  432  conducive to the conduct of an international banking business in
  433  this state. In translating the capital accounts of an
  434  international banking corporation, the office may consider
  435  monetary corrections accounts that reflect results consistent
  436  with the requirements of generally accepted accounting
  437  principles in the United States.
  438         (4) For the purpose of this part, the capital accounts of
  439  and capital ratio standards for an international banking
  440  corporation must shall be determined in accordance with rules
  441  adopted by the commission. In adopting such rules, the
  442  commission shall consider similar rules adopted by bank
  443  regulatory agencies in the United States and the need to provide
  444  reasonably consistent regulatory requirements for international
  445  banking corporations which will maintain the safe and sound
  446  condition of international banking corporations doing business
  447  in this state, as well as capital adequacy standards of an
  448  international banking corporation’s home-country jurisdiction.
  449         Section 10. Subsections (1) and (3) of section 663.06,
  450  Florida Statutes, are amended to read:
  451         663.06 Licenses; permissible activities.—
  452         (1)(a) An international banking corporation licensed to
  453  operate an office in this state may engage in the business
  454  authorized by this part at the office specified in such license
  455  for an indefinite period.
  456         (b) An international banking corporation may operate more
  457  than one licensed office, each at a different place of business,
  458  provided that each office is shall be separately licensed.
  459         (c)A No license is not transferable or assignable.
  460  However, the location of a licensed office may be changed after
  461  notification of the office.
  462         (d) Every such license must shall be, at all times,
  463  conspicuously displayed in the place of business specified
  464  therein.
  465         (3) The license for any international banking corporation
  466  office in this state may be suspended or revoked by the office,
  467  with or without examination, upon its determination that the
  468  international banking corporation or the licensed office does
  469  not meet all requirements for original licensing. Additionally,
  470  the office shall revoke the license of any licensed office that
  471  the office determines has been inactive for 6 months or longer.
  472  The commission may by rule prescribe additional conditions or
  473  standards under which the license of an international bank
  474  agency, international branch, international representative
  475  office, international trust company representative office, or
  476  international administrative office may be suspended or revoked.
  477         Section 11. Section 663.0601, Florida Statutes, is created
  478  to read:
  479         663.0601After-the-fact licensure process in the event of
  480  the acquisition, merger, or consolidation of international
  481  banking corporations.—If an international banking corporation
  482  proposes to acquire, merge, or consolidate with an international
  483  banking corporation that presently operates an international
  484  branch, international bank agency, international administrative
  485  office, or international representative office licensed in this
  486  state, the office may authorize the currently licensed
  487  international branch, international bank agency, international
  488  administrative office, or international representative office to
  489  remain open and in operation after consummation of the proposed
  490  acquisition, merger, or consolidation, if the acquiring
  491  international banking corporation files an after-the-fact
  492  application and all of the following conditions are met:
  493         (1)The international banking corporation or corporations
  494  resulting from the acquisition, merger, or consolidation will
  495  not directly or indirectly own or control more than 5 percent of
  496  any class of the voting securities of, or control, a United
  497  States bank.
  498         (2)Before consummation of the acquisition, merger, or
  499  consolidation, the international banking corporation currently
  500  licensed to operate an international branch, international bank
  501  agency, international administrative office, or international
  502  representative office in this state must provide the office at
  503  least 30 days’ advance written notice, as prescribed by rules
  504  adopted by the commission, of the proposed acquisition, merger,
  505  or consolidation.
  506         (3)Before consummation of the acquisition, merger, or
  507  consolidation, each international banking corporation commits in
  508  writing that it will either:
  509         (a)Comply with the conditions in subsections (1) and (2)
  510  and file an after-the-fact application for a license under s.
  511  663.05(1) within 60 days after consummation of the proposed
  512  acquisition, merger, or consolidation; and refrain from engaging
  513  in new lines of business and from otherwise expanding the
  514  activities of such establishment in this state until the
  515  disposition of the after-the-fact license application, in
  516  accordance with chapter 120; or
  517         (b)Promptly wind down and close any international branch,
  518  international bank agency, international administrative office,
  519  or international representative office in this state if the
  520  international banking corporations that are party to the
  521  acquisition, merger, or consolidation elect not to file an
  522  application for a license in accordance with paragraph (a); and,
  523  before such wind-down and closure, refrain from engaging in new
  524  lines of business or otherwise expanding the activities of such
  525  establishment in this state.
  526         Section 12. Subsection (1) of section 663.061, Florida
  527  Statutes, is amended to read:
  528         663.061 International bank agencies; permissible
  529  activities.—
  530         (1) An international bank agency licensed under this part
  531  may make any loan, extension of credit, or investment which it
  532  could make if incorporated and operating as a bank organized
  533  under the laws of this state. An international bank agency may
  534  act as custodian and may furnish investment management, and
  535  investment advisory services authorized under rules adopted by
  536  the commission, to nonresident entities or persons whose
  537  principal places of business or domicile are outside the United
  538  States and to resident entities or persons with respect to
  539  international, or foreign, or domestic investments. An
  540  international banking corporation that which has an
  541  international bank agency licensed under the terms of this part
  542  is shall be exempt from the registration requirements of s.
  543  517.12. An international bank agency licensed by the office may
  544  engage in any activity permissible for an international
  545  administrative office or international representative office.
  546         Section 13. Section 663.062, Florida Statutes, is amended
  547  to read:
  548         663.062 International representative offices; permissible
  549  activities.—An international representative office may promote
  550  or assist the deposit-taking, lending, or other financial or
  551  banking activities of an international banking corporation. An
  552  international representative office may serve as a liaison in
  553  Florida between an international banking corporation and its
  554  existing and potential customers. Representatives and employees
  555  based at such office may solicit business for the international
  556  banking corporation and its subsidiaries and affiliates, provide
  557  information to customers concerning their accounts, answer
  558  questions, receive applications for extensions of credit and
  559  other banking services, transmit documents on behalf of
  560  customers, and make arrangements for customers to transact
  561  business on their accounts, but a representative office may not
  562  conduct any banking or trust business in this state. An
  563  international representative office of an international banking
  564  corporation that has fiduciary powers may engage in the
  565  international trust representative office activities enumerated
  566  in s. 663.409.
  567         Section 14. Subsection (2) of section 663.063, Florida
  568  Statutes, is amended to read:
  569         663.063 International administrative offices.—
  570         (2) An office established pursuant to the provisions of
  571  this section may not engage only in any activity except those
  572  activities set forth in subsection (1) and the activities
  573  permissible for an international representative office pursuant
  574  to s. 663.062.
  575         Section 15. Section 663.064, Florida Statutes, is amended
  576  to read:
  577         663.064 International branches; permissible activities;
  578  requirements.—
  579         (1) An international banking corporation that meets the
  580  requirements of ss. 658.26, 663.04, and 663.05 may, with the
  581  approval of the office, establish one or more branches in this
  582  state. An international branch shall have the same rights and
  583  privileges as a federally licensed international branch. The
  584  operations of an international branch shall be conducted
  585  pursuant to requirements determined by the office as necessary
  586  to ensure compliance with the provisions of the financial
  587  institutions codes, including requirements for the maintenance
  588  of accounts and records separate from those of the international
  589  banking corporation of which it is a branch.
  590         (2)An international branch has the same rights and
  591  privileges as a federally licensed international branch. The
  592  permissible deposits of an international branch must be
  593  determined in accordance with rules adopted by the commission.
  594  In adopting such rules, the commission shall consider the
  595  similar deposit-taking authority of a federally licensed
  596  international branch and the need to provide reasonably
  597  consistent regulatory requirements for international banking
  598  corporations doing business in this state.
  599         (3)An international branch licensed by the office may
  600  engage in any activity permissible for an international bank
  601  agency, international administrative office, or international
  602  representative office.
  603         Section 16. Subsection (3) of section 663.09, Florida
  604  Statutes, is amended, and subsection (5) is added to that
  605  section, to read:
  606         663.09 Reports; records.—
  607         (3) Each international banking corporation that which
  608  operates an office licensed under this part shall cause to be
  609  kept, at a location accepted by the office:
  610         (a) Correct and complete books and records of account of
  611  the business operations transacted by such office. All policies
  612  and procedures relating specifically to governing the operations
  613  of such office, as well as any existing general ledger or
  614  subsidiary accounts, must shall be maintained in the English
  615  language. Any policies and procedures of the international
  616  banking corporation which are not specific to the operations of
  617  such office may be maintained in a language other than English
  618  The office may require that any other document not written in
  619  the English language which the office deems necessary for the
  620  purposes of its regulatory and supervisory functions be
  621  translated into English at the expense of the international
  622  banking corporation.
  623         (b) Current copies of the charter and bylaws of the
  624  international banking corporation, relative to the operations of
  625  the office, and minutes of the proceedings of its directors,
  626  officers, or committees relative to the business of the office.
  627  Such records may be maintained in a language other than English
  628  and must shall be kept pursuant to s. 655.91 and shall be made
  629  available to the office, upon request, at any time during
  630  regular business hours of the office. Any failure to keep such
  631  records as aforesaid or any refusal to produce such records upon
  632  request by the office is shall be grounds for suspension or
  633  revocation of any license issued under this part.
  634         (5)The office may require at any time that any document
  635  not written in the English language which the office deems
  636  necessary for the purposes of its regulatory and supervisory
  637  functions be translated into English at the expense of the
  638  international banking corporation.
  639         Section 17. Section 663.11, Florida Statutes, is amended to
  640  read:
  641         663.11 Termination of international banking corporation’s
  642  charter or authority.—
  643         (1)(a) An international banking corporation that is
  644  licensed to maintain an office in this state may not continue to
  645  conduct its licensed business in this state if the international
  646  banking corporation:
  647         1. Is dissolved, or its authority or existence is otherwise
  648  terminated or canceled in the jurisdiction of its
  649  incorporation;,
  650         2. Is in bankruptcy, conservatorship, receivership,
  651  liquidation, or similar status under the laws of any country;,
  652  or
  653         3. Is operating under the direct control of the government
  654  or the regulatory or supervisory authority of the jurisdiction
  655  of its incorporation through government intervention or any
  656  other extraordinary actions.
  657         (b)1.Notwithstanding subparagraphs (a)2. and 3., the
  658  office may permit an international branch, international bank
  659  agency, international administrative office, or international
  660  representative office to remain open and in operation under the
  661  following conditions:
  662         a.Within 30 days after the occurrence of an event
  663  described in subparagraph (a)2. or subparagraph (a)3., the
  664  international branch, international bank agency, international
  665  administrative office, or international representative office
  666  provides the office with a plan to wind down its affairs and
  667  business within the subsequent 90 days or provides an interim
  668  operational plan outlining parameters for its continued
  669  operation. If the office finds that such interim operational
  670  plan does not allow for the conduct of business in a safe and
  671  sound manner, the office shall revoke the license.
  672         b.The international banking corporation is authorized by
  673  the foreign country in which it is organized and licensed to
  674  address the affairs of any international branch, international
  675  bank agency, international administrative office, or
  676  international representative office in this state.
  677         c.The international branch, international bank agency,
  678  international administrative office, or international
  679  representative office does not engage in any new lines of
  680  business or otherwise expand its activities in this state.
  681         d.The office determines that allowing the international
  682  branch, international bank agency, international administrative
  683  office, or international representative office to remain open
  684  furthers domestic and foreign supervisory cooperation.
  685         e.The office determines that allowing the international
  686  branch, international bank agency, international administrative
  687  office, or international representative office to remain open is
  688  in the public’s interest and does not present an immediate or
  689  serious danger to the public health, safety, or welfare.
  690         2.The commission may establish, by rule, additional
  691  standards and conditions for approval of an interim operational
  692  plan and for ongoing compliance with the plan. Such standards
  693  and conditions shall be based upon the need for cooperative
  694  supervisory efforts, consistent regulatory oversight, and the
  695  orderly administration of the international banking
  696  corporation’s affairs.
  697         3.After the resolution of all applicable events described
  698  in subparagraphs (a)2. and 3., if an international banking
  699  corporation is no longer authorized by the foreign country in
  700  which it is organized and licensed to conduct banking business,
  701  the international branch, international bank agency,
  702  international administrative office, or international
  703  representative office shall surrender its license in accordance
  704  with s. 663.06.
  705         (2)A certificate of the official who is responsible for
  706  records of banking corporations of the jurisdiction of
  707  incorporation of such international banking corporation,
  708  attesting to the occurrence of any such event, or a certified
  709  copy of an order or decree of a court of such jurisdiction,
  710  directing the dissolution of such international banking
  711  corporation, the termination of its existence, or the
  712  cancellation of its authority, or declaring its status in
  713  bankruptcy, conservatorship, receivership, liquidation, or
  714  similar proceedings, or other reliable documentation that the
  715  international banking corporation is operating under the direct
  716  control of its government or a regulatory or supervisory
  717  authority, shall be delivered by The international banking
  718  corporation or its surviving officers and directors shall
  719  deliver to the office:.
  720         (a)A certificate of the official who is responsible for
  721  records of banking corporations of the jurisdiction of
  722  incorporation of such international banking corporation,
  723  attesting to the occurrence of any event described in paragraph
  724  (1)(a);
  725         (b)A certified copy of an order or decree of a court of
  726  such jurisdiction, directing the dissolution of such
  727  international banking corporation, the termination of its
  728  existence, or the cancellation of its authority or declaring its
  729  status in bankruptcy, conservatorship, receivership,
  730  liquidation, or similar proceedings; or
  731         (c)Other reliable documentation evidencing that the
  732  international banking corporation is operating under the direct
  733  control of its government or a regulatory or supervisory
  734  authority.
  735         (3) The filing of the certificate, order, documentation, or
  736  decree has shall have the same effect as the revocation of the
  737  license of such international banking corporation as provided in
  738  s. 663.06, unless the office has permitted the international
  739  branch, international bank agency, international administrative
  740  office, or international representative office to remain open
  741  and in operation pursuant to paragraph (1)(b).
  742         Section 18. Subsection (1) of section 663.12, Florida
  743  Statutes, is amended to read:
  744         663.12 Fees; assessments; fines.—
  745         (1) Each application for a license under the provisions of
  746  this part must shall be accompanied by a nonrefundable filing
  747  fee payable to the office in the following amount:
  748         (a) Ten thousand dollars for establishing a state-chartered
  749  investment company.
  750         (b) Ten thousand dollars for establishing an international
  751  bank agency or branch.
  752         (c) Five thousand dollars for establishing an international
  753  administrative office.
  754         (d) Five thousand dollars for establishing an international
  755  representative office.
  756         (e)Five thousand dollars for establishing an international
  757  trust company representative office.
  758         (e)(f) An amount equal to the initial filing fee for an
  759  application to convert from one type of license to another. The
  760  commission may increase the filing fee for any type of license
  761  to an amount established by rule and calculated in a manner so
  762  as to cover the direct and indirect cost of processing such
  763  applications.
  764         Section 19. Subsection (11) of section 663.17, Florida
  765  Statutes, is amended to read:
  766         663.17 Liquidation; possession of business and property;
  767  inventory of assets; wages; depositing collected assets;
  768  appointing agents; appointment of judges.—
  769         (11) The compensation of agents and any other employees
  770  appointed by the office to assist in the liquidation of an
  771  international banking corporation, or any of the corporation’s
  772  licensed offices located in this state, the distribution of its
  773  assets, or the expenses of supervision, must shall be paid out
  774  of the assets of the corporation in the possession hands of the
  775  office. Expenses of liquidation and approved claims for fees and
  776  assessments due the office must shall be given first priority
  777  among unsecured creditors.
  778         Section 20. The Division of Law Revision and Information is
  779  directed to create part III of chapter 663, Florida Statutes,
  780  consisting of ss. 663.4001-663.416, Florida Statutes, to be
  781  entitled “International Trust Company Representative Offices.”
  782         Section 21. Section 663.4001, Florida Statutes, is created
  783  to read:
  784         663.4001Purpose.—The purpose of this part is to establish
  785  a legal and regulatory framework for the conduct by
  786  international trust entities of financial services business in
  787  this state. This part is intended to:
  788         (1)Support the Florida operations of international trust
  789  entities and promote the growth of international financial
  790  services to benefit the economy and consumers in this state.
  791         (2)Provide for appropriate supervision and regulatory
  792  oversight to ensure that financial services activities of
  793  international trust entities in this state are conducted
  794  responsibly and in a safe and sound manner.
  795         Section 22. Section 663.401, Florida Statutes, is created
  796  to read:
  797         663.401Definitions.—
  798         (1)“Affiliate” means a person or business or a group of
  799  persons or businesses acting in concert which controls, is
  800  controlled by, or is under common control of an international
  801  trust entity.
  802         (2)“International trust company representative office”
  803  means an office of an international trust entity which is
  804  established or maintained in this state for the purpose of
  805  engaging in nonfiduciary activities described in s. 663.409, or
  806  any affiliate, subsidiary, or other person that engages in such
  807  activities on behalf of such international trust entity from an
  808  office located in this state.
  809         (3)“International trust entity” means an international
  810  trust company or organization, or any similar business entity,
  811  or an affiliated or subsidiary entity that is licensed,
  812  chartered, or similarly permitted to conduct trust business in a
  813  foreign country or countries under the laws where such entity is
  814  organized and supervised.
  815         Section 23. Section 663.402, Florida Statutes, is created
  816  to read:
  817         663.402Applicability of the financial institutions codes.—
  818         (1)An international trust entity that operates an office
  819  licensed under this part is subject to all the financial
  820  institutions codes as though such international trust entity
  821  were a state trust company, except when it appears, from the
  822  context or otherwise, that such provisions are clearly
  823  applicable only to trust companies organized under the laws of
  824  this state or the United States. Without limiting the foregoing
  825  general provisions, it is the intent of the Legislature that the
  826  following provisions are applicable to such international trust
  827  entities having offices in this state: s. 655.031, relating to
  828  administrative enforcement guidelines; s. 655.032, relating to
  829  investigations, subpoenas, hearings, and witnesses; s. 655.0321,
  830  relating to restricted access hearings, proceedings, and related
  831  documents; s. 655.033, relating to cease and desist orders; s.
  832  655.037, relating to removal of a financial institution-related
  833  party by the office; s. 655.041, relating to administrative
  834  fines and enforcement; s. 655.50, the Florida Control of Money
  835  Laundering and Terrorist Financing in Financial Institutions
  836  Act; and any law for which the penalty is increased under s.
  837  775.31 for facilitating or furthering terrorism.
  838         (2)An international trust entity does not have any greater
  839  right under, or by virtue of, this section than is granted to
  840  trust companies organized under the laws of this state. Legal
  841  and financial terms used in this chapter are deemed to refer to
  842  equivalent terms used by the country in which the international
  843  trust entity is organized. This chapter and the financial
  844  institutions codes may not be construed to authorize any
  845  international trust entity to conduct trust business, as defined
  846  in s. 658.12, from an office in this state.
  847         Section 24. Section 663.403, Florida Statutes, is created
  848  to read:
  849         663.403Applicability of the Florida Business Corporation
  850  Act.—Notwithstanding s. 607.01401(12), the provisions of part I
  851  of chapter 607 which are not in conflict with the financial
  852  institutions codes and which relate to foreign corporations
  853  apply to all international trust entities and their offices
  854  doing business in this state.
  855         Section 25. Section 663.404, Florida Statutes, is created
  856  to read:
  857         663.404Requirements for conducting financial institution
  858  business.—An international trust entity, or any affiliated,
  859  subsidiary, or other person or business entity acting as an
  860  agent for, on behalf of, or for the benefit of such
  861  international trust entity, who engages in such activities from
  862  an office located in this state, may not transact a trust
  863  business, or maintain in this state any office for carrying on
  864  such business, or any part thereof, unless such international
  865  trust entity, affiliate, subsidiary, person, or business entity:
  866         (1)Has been authorized by charter, license, or similar
  867  authorization by operation of law to carry on trust business and
  868  has complied with the laws of each jurisdiction in which it is
  869  chartered, licensed, or otherwise authorized and created under
  870  operation of law.
  871         (2)Has furnished to the office such proof as to the nature
  872  and character of its business and as to its financial condition
  873  as the commission or office requires.
  874         (3)Has filed with the office a certified copy of that
  875  information required to be supplied to the Department of State
  876  by those provisions of part I of chapter 607 which are
  877  applicable to foreign corporations.
  878         (4)Has received a license duly issued to it by the office.
  879         (5)Has sufficient capital in accordance with the
  880  requirements of s. 663.407 and the rules adopted thereunder and
  881  is not imminently insolvent or insolvent, as those terms are
  882  defined under s. 655.005(1).
  883         (6)(a)Is not in bankruptcy, conservatorship, receivership,
  884  liquidation, or similar status under the laws of any country.
  885         (b)Is not operating under the direct control of the
  886  government or the regulatory or supervisory authority of the
  887  home jurisdiction in which it has been chartered, licensed, or
  888  otherwise authorized and created under operation of law, through
  889  government intervention or any other extraordinary actions.
  890         (c)Has not been in such status or control at any time
  891  within the 3 years preceding the date of application for a
  892  license.
  893  
  894  Notwithstanding paragraphs (a) and (b), the office may permit an
  895  international trust company representative office to remain open
  896  and in operation pursuant to s. 663.412(1)(b).
  897         Section 26. Section 663.405, Florida Statutes, is created
  898  to read:
  899         663.405Civil action subpoena enforcement.—
  900         (1)Notwithstanding s. 655.059, an international trust
  901  company representative office established under this chapter is
  902  not required to produce a book or record pertaining to a deposit
  903  account, investment account, trust account, or loan of a
  904  customer of the international trust entity’s offices that are
  905  located outside the United States or its territories in response
  906  to a subpoena, if the book or record is maintained outside the
  907  United States or its territories and is not in the possession,
  908  custody, or control of the international trust entity’s
  909  representative office established in this state.
  910         (2)This section applies only to a subpoena issued pursuant
  911  to the Florida Rules of Civil Procedure, the Federal Rules of
  912  Civil Procedure, or other similar law or rule of civil procedure
  913  in another state. This section does not apply to a subpoena
  914  issued by or on behalf of a federal, state, or local government
  915  law enforcement agency, administrative or regulatory agency,
  916  legislative body, or grand jury and does not limit the power of
  917  the office to access all books and records in the exercise of
  918  the office’s regulatory and supervisory powers under the
  919  financial institutions codes.
  920         Section 27. Section 663.406, Florida Statutes, is created
  921  to read:
  922         663.406Application for license; approval or disapproval.—
  923         (1)An international trust entity, before being licensed by
  924  the office to maintain any office in this state, must subscribe
  925  and acknowledge, and submit to the office, an application that
  926  contains all of the following:
  927         (a)The name of the international trust entity.
  928         (b)The proposed location, by street and post office
  929  address and county, where its business is to be transacted in
  930  this state, and the name of the person who will be in charge of
  931  the business and affairs of the office.
  932         (c)The location where its initial registered office will
  933  be located in this state.
  934         (d)The total amount of the capital accounts of the
  935  international trust entity.
  936         (e)A complete and detailed statement of its financial
  937  condition as of a date within 180 days before the date of such
  938  application, except that the office in its discretion may, when
  939  necessary or expedient, accept such statement of financial
  940  condition as of a date within 240 days before the date of such
  941  application. The office in its discretion may, when necessary or
  942  expedient, require an independent opinion audit or the
  943  equivalent satisfactory to the office.
  944         (f)A listing of any occasion within the 10-year period
  945  before the application on which either the international trust
  946  entity or any of its directors, executive officers, or principal
  947  shareholders have been arrested for, charged with, convicted of,
  948  or pled guilty or nolo contendere to, regardless of
  949  adjudication, any offense with respect to which the penalties
  950  include the possibility of imprisonment for 1 year or more, or
  951  to any offense involving money laundering, currency transaction
  952  reporting, facilitating or furthering terrorism, or fraud, or
  953  otherwise related to the operation of a financial institution.
  954         (2)The office shall disallow any illegally obtained
  955  currency, monetary instruments, funds, or other financial
  956  resources from the capitalization requirements of this section,
  957  and the existence of such illegally obtained resources is
  958  grounds for denial of the application for license.
  959         (3)An international trust entity that submits an
  960  application to the office shall concurrently submit a
  961  certificate issued by the supervisory authority of the country
  962  in which the international trust entity is chartered or
  963  organized which states that the international trust entity is
  964  duly organized and licensed, or otherwise authorized by
  965  operation of law to transact business as a trust entity, and
  966  lawfully existing in good standing.
  967         (4)An international trust entity that has operated an
  968  international trust company representative office in this state
  969  for at least 3 years in a safe and sound manner, as defined by
  970  commission rule, and that is otherwise eligible to establish an
  971  additional office may establish one or more international trust
  972  company representative offices by providing an abbreviated
  973  application, and paying the appropriate license fee pursuant to
  974  s. 663.413.
  975         (5)An application filed pursuant to this section must be
  976  made on a form prescribed by the commission and must contain
  977  such information as the commission or office requires.
  978         (6)The office may, in its discretion, approve or
  979  disapprove the application, but it may not approve the
  980  application unless, in its opinion, the applicant meets each and
  981  every requirement of this part and any other applicable
  982  provision of the financial institutions codes. The office may
  983  approve the application only if it has determined that the
  984  directors, executive officers, and principal shareholders of the
  985  international trust entity are qualified by reason of their
  986  financial ability, reputation, and integrity and have sufficient
  987  trust company and other business experience to indicate that
  988  they will manage and direct the affairs of the international
  989  trust entity in a safe, sound, and lawful manner. In the
  990  processing of any application filed pursuant to this section,
  991  the time limitations under the Administrative Procedure Act do
  992  not apply as to approval or disapproval of the application. For
  993  applications filed on or after January 1, 2018, the time
  994  limitations for approval or disapproval of an application must
  995  be prescribed by rule of the commission.
  996         (7)The office may not issue a license to an international
  997  trust entity unless it is chartered, licensed, or similarly
  998  authorized by operation of law in a jurisdiction in which any
  999  financial institution licensed or chartered by any state or
 1000  federal regulatory agency in the United States may establish
 1001  similar facilities or exercise similar powers.
 1002         (8)The office may not issue a license to an international
 1003  trust entity for the purpose of operating an international trust
 1004  company representative office in this state unless the trust
 1005  entity:
 1006         (a)Holds an unrestricted license to conduct trust business
 1007  in the foreign country under whose laws it is organized and
 1008  chartered;
 1009         (b)Has been authorized by the foreign country’s
 1010  appropriate regulatory authority to establish the proposed
 1011  international trust company representative office; and
 1012         (c)Is adequately supervised by the appropriate regulatory
 1013  agency in the foreign country in which it is organized and
 1014  chartered.
 1015         (9)The commission shall establish, by rule, the general
 1016  principles that determine the adequacy of supervision of an
 1017  international trust entity’s foreign establishments. These
 1018  principles must be based upon the need for cooperative
 1019  supervisory efforts and consistent regulatory guidelines and
 1020  must address, at a minimum, the capital adequacy, asset quality,
 1021  management, earnings, liquidity, internal controls, audits, and
 1022  foreign exchange operations and positions of the international
 1023  trust entity. This subsection does not require examination by
 1024  the home-country regulatory authorities of any office of an
 1025  international trust entity in this state. The commission may
 1026  also establish, by rule, other standards for approval of an
 1027  application for a license as considered necessary to ensure the
 1028  safe and sound operations of the international trust entity in
 1029  this state.
 1030         Section 28. Section 663.407, Florida Statutes, is created
 1031  to read:
 1032         663.407Capital requirements.—
 1033         (1)For an international trust entity to qualify for a
 1034  license under this part, the proposed capitalization of the
 1035  international trust entity must be in such amount as the office
 1036  determines is necessary, taking into consideration the risk
 1037  profile of the international trust entity and the ability of the
 1038  international trust entity to operate a licensed office in a
 1039  safe and sound manner. In making this determination, the office
 1040  shall consider the financial resources of the international
 1041  trust entity, including:
 1042         (a)The international trust entity’s current and projected
 1043  capital position, profitability, level of indebtedness, business
 1044  and strategic plans, and off-balance sheet asset management and
 1045  administration activities;
 1046         (b)The financial condition of any of the international
 1047  trust entity’s existing offices located in the United States;
 1048         (c)The minimum capital requirements of the international
 1049  trust entity’s home-country jurisdiction; and
 1050         (d)The capital ratio standards used in the United States
 1051  and in the international trust entity’s home-country
 1052  jurisdiction.
 1053         (2)The proposed capitalization of the international trust
 1054  entity must be in such amount as the office deems adequate, but
 1055  in no case may the total capital accounts of the international
 1056  trust entity be less than $1 million.
 1057         (3)The office may specify such other conditions as it
 1058  determines are appropriate, considering the public interest and
 1059  the need to maintain a safe, sound, and competitive financial
 1060  marketplace in this state.
 1061         (4)For purposes of this part, the capital accounts of and
 1062  capital ratio standards for an international trust entity must
 1063  be determined in accordance with rules adopted by the
 1064  commission. In adopting such rules, the commission shall
 1065  consider similar rules adopted by regulatory agencies in the
 1066  United States and the need to provide reasonably consistent
 1067  regulatory requirements for international trust entities doing
 1068  business in this state, as well as capital adequacy standards of
 1069  an international trust entity’s home-country jurisdiction.
 1070         Section 29. Section 663.408, Florida Statutes, is created
 1071  to read:
 1072         663.408Licenses; permissible activities of licensees.—
 1073         (1)(a)An international trust entity licensed to operate an
 1074  office in this state may engage in the business authorized by
 1075  this part at the office specified in such license for an
 1076  indefinite period.
 1077         (b)An international trust entity may operate more than one
 1078  licensed office, each at a different place of business, provided
 1079  that each office is separately licensed.
 1080         (c)A license is not transferable or assignable. However,
 1081  the location of a licensed office may be changed after
 1082  notification to the office.
 1083         (d)A license must at all times be conspicuously displayed
 1084  in the place of business specified therein.
 1085         (2)An international trust entity that proposes to
 1086  terminate the operations of a licensed office in this state must
 1087  surrender its license to the office and comply with such
 1088  procedures as the commission may prescribe by rule.
 1089         (3)The license for an international trust company
 1090  representative office in this state may be suspended or revoked
 1091  by the office, with or without examination, upon its
 1092  determination that the international trust entity or the
 1093  licensed office does not meet all requirements for original
 1094  licensing. Additionally, the office shall revoke the license of
 1095  any licensed office that the office determines has been inactive
 1096  for 6 months or longer. The commission may by rule prescribe
 1097  additional conditions or standards under which the license of an
 1098  international trust company representative office may be
 1099  suspended or revoked.
 1100         (4)If any such license is surrendered by the international
 1101  trust entity or is suspended or revoked by the office, all
 1102  rights and privileges of the international trust entity to
 1103  transact the business under the license cease. The commission
 1104  shall prescribe by rule procedures for the surrender of a
 1105  license and for the orderly cessation of business by an
 1106  international trust entity in a manner that is not harmful to
 1107  the interests of its customers or of the public.
 1108         Section 30. Section 663.4081, Florida Statutes, is created
 1109  to read:
 1110         663.4081After-the-fact licensure process in the event of
 1111  the acquisition, merger, or consolidation of international trust
 1112  entities.—If an international trust entity proposes to acquire,
 1113  merge, or consolidate with an international trust entity that
 1114  presently operates an international trust company representative
 1115  office licensed in this state, the office may allow the
 1116  currently licensed international trust company representative
 1117  office to remain open and in operation after consummation of the
 1118  proposed acquisition, merger, or consolidation, subject to the
 1119  filing with the office of an after-the-fact license application
 1120  in accordance with all of the following conditions:
 1121         (1)The international trust entity or entities resulting
 1122  from the acquisition, merger, or consolidation will not directly
 1123  or indirectly own or control more than 5 percent of any class of
 1124  the voting securities of, or control, a United States bank.
 1125         (2)Before consummation of the acquisition, merger, or
 1126  consolidation, the international trust entity currently licensed
 1127  to operate an international trust company representative office
 1128  in this state must provide the office at least 30 days’ advance
 1129  written notice, as prescribed by rules adopted by the
 1130  commission, of the proposed acquisition, merger, or
 1131  consolidation.
 1132         (3)Before consummation of the acquisition, merger, or
 1133  consolidation, each international trust entity commits in
 1134  writing that it will:
 1135         (a)Comply with the conditions in subsections (1) and (2)
 1136  and file an after-the-fact application for a license under s.
 1137  663.406(1) within 60 days after consummation of the proposed
 1138  acquisition, merger, or consolidation; and refrain from engaging
 1139  in new lines of business and from otherwise expanding the
 1140  activities of such establishment in this state until the
 1141  disposition of the after-the-fact license application, in
 1142  accordance with chapter 120; or
 1143         (b)Promptly wind down and close any international trust
 1144  company representative office in this state if the international
 1145  trust entities that are party to the acquisition, merger, or
 1146  consolidation elect not to file an application for a license in
 1147  accordance with paragraph (a); and, before such wind-down and
 1148  closure, refrain from engaging in new lines of business or
 1149  otherwise expanding the activities of such establishment in this
 1150  state.
 1151         Section 31. Section 663.0625, Florida Statutes, is
 1152  transferred, renumbered as section 663.409, Florida Statutes,
 1153  and amended to read:
 1154         663.409 663.0625 International trust company representative
 1155  offices; permissible activities; requirements.—
 1156         (1) An international trust company representative office
 1157  may conduct any nonfiduciary activities that are ancillary to
 1158  the fiduciary business of its international trust entity banking
 1159  corporation or trust company, but may not act as a fiduciary.
 1160  Permissible activities include advertising, marketing, and
 1161  soliciting for fiduciary business on behalf of an international
 1162  trust entity banking corporation or trust company; contacting
 1163  existing or potential customers, answering questions, and
 1164  providing information about matters related to their accounts;
 1165  serving as a liaison in this state between the international
 1166  trust entity banking corporation or trust company and its
 1167  existing or potential customers; and engaging in any other
 1168  activities approved by the office or under rules of the
 1169  commission.
 1170         (2) Representatives and employees at such office may not
 1171  act as a fiduciary, including, but not limited to, accepting the
 1172  fiduciary appointment, executing the fiduciary documents that
 1173  create the fiduciary relationship, or making discretionary
 1174  decisions regarding the investment or distribution of fiduciary
 1175  accounts, or accepting custody of any trust property or any
 1176  other good, asset, or thing of value on behalf of the affiliated
 1177  international trust entity, its subsidiaries or affiliates, or
 1178  subsidiaries and affiliates of the international trust company
 1179  representative office.
 1180         (3)An international trust company representative office
 1181  licensed by the office may engage in any activities permissible
 1182  for a qualified limited service affiliate under part IV of this
 1183  chapter.
 1184         Section 32. Section 663.410, Florida Statutes, is created
 1185  to read:
 1186         663.410Certification of capital accounts.—Before opening
 1187  an office in this state, and annually thereafter so long as an
 1188  international trust company representative office is maintained
 1189  in this state, an international trust entity licensed pursuant
 1190  to this part must certify to the office the amount of its
 1191  capital accounts, expressed in the currency of the home
 1192  jurisdiction where it has been authorized by charter, license,
 1193  or similar authorization by operation of law to carry on trust
 1194  business. The dollar equivalent of these amounts, as determined
 1195  by the office, is deemed to be the amount of its capital
 1196  accounts. The annual certification of capital accounts must be
 1197  received by the office on or before June 30 of each year.
 1198         Section 33. Section 663.411, Florida Statutes, is created
 1199  to read:
 1200         663.411Reports; records.—
 1201         (1)An international trust entity that operates an office
 1202  licensed under this part shall, at such times and in such form
 1203  as the commission prescribes, make written reports in the
 1204  English language to the office, under the oath of one of its
 1205  officers, managers, or agents transacting business in this
 1206  state, showing the amount of its assets and liabilities and
 1207  containing such other matters as the commission or office
 1208  requires. An international trust entity that maintains two or
 1209  more representative offices may consolidate such information in
 1210  one report unless the office requires otherwise for purposes of
 1211  its supervision of the condition and operations of each such
 1212  office. The late filing of such reports is subject to an
 1213  administrative fine as prescribed under s. 655.045(2). If the
 1214  international trust entity fails to make such report as directed
 1215  by the office or if such report contains a false statement
 1216  knowingly made, the same are grounds for revocation of the
 1217  license of the international trust entity.
 1218         (2)An international trust entity that operates an office
 1219  licensed under this part shall cause to be kept, at a location
 1220  accepted by the office:
 1221         (a)Correct and complete books and records of account of
 1222  the business operations transacted by such office. All policies
 1223  and procedures relating specifically to the operations of such
 1224  office, as well as any existing general ledger or subsidiary
 1225  accounts, must be maintained in the English language; however,
 1226  any policies and procedures of the international trust entity
 1227  which are not specific to the operations of such office may be
 1228  maintained in a language other than English.
 1229         (b)Current copies of the charter or statement of operation
 1230  and bylaws of the international trust entity, relative to the
 1231  operations of the international trust company representative
 1232  office, and minutes of the proceedings of its directors,
 1233  officers, or committees relative to the business of the
 1234  international trust company representative office. Such records
 1235  may be maintained in a language other than English and must be
 1236  kept pursuant to s. 655.91 and be made available to the office,
 1237  upon request, at any time during regular business hours of the
 1238  international trust company representative office.
 1239         (3)Any failure to keep such records as required in
 1240  subsection (2) or any refusal to produce such records upon
 1241  request by the office is grounds for suspension or revocation of
 1242  any license issued under this part.
 1243         (4)The office may require at any time that any document
 1244  not written in the English language which the office deems
 1245  necessary for the purposes of its regulatory and supervisory
 1246  functions be translated into English at the expense of the
 1247  international trust entity.
 1248         Section 34. Section 663.412, Florida Statutes, is created
 1249  to read:
 1250         663.412Termination of international trust entity’s charter
 1251  or authority.—
 1252         (1)(a)An international trust entity that is licensed to
 1253  maintain an office in this state may not continue to conduct its
 1254  licensed business in this state if the international trust
 1255  entity:
 1256         1.Is dissolved, or its authority or existence is otherwise
 1257  terminated or canceled in the home jurisdiction where it has
 1258  been authorized by charter, license, or similar authorization by
 1259  operation of law to carry on trust business;
 1260         2.Is in bankruptcy, conservatorship, receivership,
 1261  liquidation, or similar status under the laws of any country; or
 1262         3.Is operating under the direct control of the government
 1263  or the regulatory or supervisory authority of the jurisdiction
 1264  where it has been authorized by charter, license, or similar
 1265  authorization by operation of law to carry on trust business
 1266  through government intervention or any other extraordinary
 1267  actions.
 1268         (b)1.Notwithstanding subparagraphs (a)2. and 3., the
 1269  office may permit an international trust company representative
 1270  office to remain open and in operation under the following
 1271  conditions:
 1272         a.Within 30 days after the occurrence of an event
 1273  described in subparagraph (a)2. or subparagraph (a)3., the
 1274  international trust company representative office provides the
 1275  office with a plan to wind down its affairs and business within
 1276  the subsequent 90 days or provides an interim operational plan
 1277  outlining parameters for its continued operation. If the office
 1278  finds that such interim operational plan does not allow for the
 1279  conduct of business in a safe and sound manner, the office shall
 1280  revoke the license.
 1281         b.The international trust entity is authorized by the
 1282  foreign country in which it is organized and licensed to address
 1283  the affairs of any international trust company representative
 1284  office in this state.
 1285         c.The international trust company representative office
 1286  does not engage in any new lines of business or otherwise expand
 1287  its activities in this state.
 1288         d.The office determines that allowing the international
 1289  trust company representative office to remain open furthers
 1290  domestic and foreign supervisory cooperation.
 1291         e.The office determines that allowing the international
 1292  trust company representative office to remain open is in the
 1293  public’s interest and does not present an immediate or serious
 1294  danger to the public health, safety, or welfare.
 1295         2.The commission may establish, by rule, additional
 1296  standards and conditions for approval of an interim operational
 1297  plan and for ongoing compliance with the plan. Such standards
 1298  and conditions shall be based upon the need for cooperative
 1299  supervisory efforts, consistent regulatory oversight, and the
 1300  orderly administration of the international trust entity’s
 1301  affairs.
 1302         3.After the resolution of all applicable events described
 1303  in subparagraphs (a)2. and 3., if an international trust entity
 1304  is no longer authorized by the foreign country in which it is
 1305  organized and supervised to conduct trust business, the
 1306  international trust company representative office shall
 1307  surrender its license in accordance with s. 663.408.
 1308         (2)The international trust entity or its surviving
 1309  officers and directors shall deliver to the office:
 1310         (a)A certificate of the official who is responsible for
 1311  records of trust entities in the jurisdiction where the
 1312  international trust entity has been authorized by charter,
 1313  license, or similar authorization by operation of law to carry
 1314  on trust business of the international trust entity, attesting
 1315  to the occurrence of any event described in paragraph (1)(a);
 1316         (b)A certified copy of an order or decree of a court of
 1317  such jurisdiction, directing the dissolution of such
 1318  international trust entity, the termination of its existence, or
 1319  the cancellation of its authority, or declaring its status in
 1320  bankruptcy, conservatorship, receivership, liquidation, or
 1321  similar proceedings; or
 1322         (c)Other reliable documentation evidencing that the
 1323  international trust entity is operating under the direct control
 1324  of its government or a regulatory or supervisory authority.
 1325         (3)The filing of the certificate, order, documentation, or
 1326  decree has the same effect as the revocation of the license of
 1327  such international trust entity as provided in s. 663.408,
 1328  unless the office has permitted the international trust company
 1329  representative office to remain open and in operation pursuant
 1330  to paragraph (1)(b).
 1331         Section 35. Section 663.413, Florida Statutes, is created
 1332  to read:
 1333         663.413Application and examination fees.—
 1334         (1)An application for a license to establish an
 1335  international trust company representative office under this
 1336  part must be accompanied by a nonrefundable $5,000 filing fee,
 1337  payable to the office.
 1338         (2)An international trust entity that maintains an office
 1339  licensed under this part must pay to the office examination fees
 1340  that are determined by the commission by rule and that are
 1341  calculated in a manner so as to be equal to the actual cost of
 1342  each examiner’s participation in the examination, as measured by
 1343  the examiner’s pay scale, plus any other expenses directly
 1344  incurred in the examination. However, the examination fees may
 1345  not be less than $200 per day for each examiner participating in
 1346  the examination.
 1347         Section 36. Section 663.414, Florida Statutes, is created
 1348  to read:
 1349         663.414Rules; exemption from statement of estimated
 1350  regulatory costs requirements.—In addition to any other
 1351  rulemaking authority it has under the financial institutions
 1352  codes, the commission may adopt reasonable rules that it deems
 1353  advisable for the administration of international trust entities
 1354  under this part in the interest of protecting depositors,
 1355  creditors, borrowers, or the public interest and in the interest
 1356  of maintaining a sound banking and trust system in this state.
 1357  Because of the difficulty in obtaining economic data with regard
 1358  to such trusts, ss. 120.54(3)(b) and 120.541 do not apply to the
 1359  adoption of rules pursuant to this section.
 1360         Section 37. Section 663.415, Florida Statutes, is created
 1361  to read:
 1362         663.415Travel expenses.—If domestic or foreign travel is
 1363  deemed necessary by the office to effectuate the purposes of
 1364  this part, the office must be reimbursed for actual, reasonable,
 1365  and necessary expenses incurred in such domestic or foreign
 1366  travel by the international trust company representative office
 1367  under examination.
 1368         Section 38. The Division of Law Revision and Information is
 1369  directed to create part IV of chapter 663, Florida Statutes,
 1370  consisting of ss. 663.530-663.540, Florida Statutes, to be
 1371  entitled “Qualified Limited Service Affiliates of International
 1372  Trust Entities.”
 1373         Section 39. Section 663.530, Florida Statutes, is created
 1374  to read:
 1375         663.530Definitions.—
 1376         (1)As used in ss. 663.531-663.539, the term:
 1377         (a)“Foreign country” means a country other than the United
 1378  States and includes any colony, dependency, or possession of
 1379  such country notwithstanding any definitions in chapter 658, and
 1380  any territory of the United States, including Guam, American
 1381  Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico.
 1382         (b)“Home-country regulator” means the supervisory
 1383  authority or equivalent or other similarly sanctioned body,
 1384  organization, governmental entity, or recognized authority,
 1385  which has similar responsibilities in a foreign country in which
 1386  and by whom an international trust entity is licensed,
 1387  chartered, or has similar authorization to organize and operate.
 1388         (c)“International trust entity” means an international
 1389  trust company or organization, or any similar business entity,
 1390  or an affiliated or subsidiary entity that is licensed,
 1391  chartered, or similarly permitted to conduct trust business in a
 1392  foreign country or countries under the laws where such entity is
 1393  organized and supervised.
 1394         (d)“Limited service affiliate” means a marketing and
 1395  liaison office that engages in the permissible activities
 1396  enumerated in s. 663.531 for the benefit of an international
 1397  trust entity.
 1398         (e)“Nonresident” has the same meaning as in s. 663.01.
 1399         (f)“Professional” means an accountant, attorney, or other
 1400  financial services and wealth planning professional who is
 1401  licensed by a governing body or affiliated with a licensed,
 1402  chartered, or similarly authorized entity.
 1403         (g)“Qualified limited service affiliate” means a person or
 1404  entity that is qualified under this part to perform the
 1405  permissible activities outlined in s. 663.531 related to or for
 1406  the benefit of an affiliated international trust entity.
 1407         (2)As used in ss. 663.531-663.539, the terms “affiliate,”
 1408  “commission,” “executive officer,” “financial institution,”
 1409  “financial institution-affiliated party,” “financial
 1410  institutions codes,” “office,” “officer,” “state,” and
 1411  “subsidiary” have the same meaning as provided in s. 655.005.
 1412         Section 40. Section 663.531, Florida Statutes, is created
 1413  to read:
 1414         663.531Permissible activities; prohibited activities.—
 1415         (1)Qualification as a qualified limited service affiliate
 1416  under this part does not provide any exemption from licensure,
 1417  registration, application, and requirements to conduct licensed
 1418  business activities in this state. A qualified limited service
 1419  affiliate may engage in any of the following permissible
 1420  activities, which are not meant to be restrictive unless an
 1421  activity is prohibited under subsection (2):
 1422         (a)Marketing and liaison services related to or for the
 1423  benefit of the affiliated international trust entities, directed
 1424  exclusively at professionals and current or prospective
 1425  nonresident clients of an affiliated international trust entity;
 1426         (b)Advertising and marketing at trade, industry, or
 1427  professional events;
 1428         (c)Transmission of documents between the international
 1429  trust entity and its current or prospective clients or a
 1430  designee of such clients; and
 1431         (d)Transmission of information about the trust or trust
 1432  holdings of current clients between current clients or their
 1433  designees and the international trust entity.
 1434         (2)A qualified limited service affiliate may not engage in
 1435  any of the following activities:
 1436         (a)Advertising and marketing related to or for the benefit
 1437  of the international trust entity which are directed to the
 1438  general public;
 1439         (b)Acting as a fiduciary, including, but not limited to,
 1440  accepting the fiduciary appointment, executing the fiduciary
 1441  documents that create the fiduciary relationship, or making
 1442  discretionary decisions regarding the investment or distribution
 1443  of fiduciary accounts;
 1444         (c)Accepting custody of any trust property or any other
 1445  good, asset, or thing of value on behalf of the affiliated
 1446  international trust entity, its subsidiaries or affiliates, or
 1447  subsidiaries and affiliates of the qualified limited service
 1448  affiliate;
 1449         (d)Soliciting business within this state from the general
 1450  public related to or for the benefit of an affiliated
 1451  international trust entity;
 1452         (e)Adding a director, an executive officer, a principal
 1453  shareholder, a manager, a managing member, or an equivalent
 1454  position to the qualified limited service affiliate without
 1455  prior written notification to the office;
 1456         (f)Commencing services for an international trust entity
 1457  without complying with the requirements of s. 663.532;
 1458         (g)Providing services for any international trust entity
 1459  that is in bankruptcy, conservatorship, receivership,
 1460  liquidation, or a similar status under the laws of any country;
 1461  or
 1462         (h)Otherwise conducting banking or trust business.
 1463         (3)The provisions of subsection (2) are not deemed to
 1464  prevent the qualified limited service affiliate’s use of an
 1465  international trust entity’s website, or its own website, if the
 1466  posted information or communication includes the following:
 1467         (a)The following statement: “Certain described services
 1468  are not offered to the general public in Florida, but are
 1469  marketed by ...(insert name of qualified limited service
 1470  affiliate)... exclusively to professionals and current or
 1471  prospective non-U.S. resident clients of the affiliated
 1472  international trust entity or entities.”
 1473         (b)The notice required by s. 663.535.
 1474         (4)In addition to any other power conferred upon it to
 1475  enforce and administer this chapter and the financial
 1476  institutions codes, the office may impose any remedy or penalty
 1477  pursuant to s. 655.033, relating to cease and desist orders; s.
 1478  655.034, relating to injunctions; s. 655.037, relating to
 1479  removal of a financial institution-affiliated party by the
 1480  office; or s. 655.041, relating to administrative fines and
 1481  enforcement, if a qualified limited service affiliate engages in
 1482  any of the impermissible activities in subsection (2).
 1483         Section 41. Effective upon this act becoming a law, section
 1484  663.532, Florida Statutes, is created to read:
 1485         663.532Qualification.—No later than March 31, 2018, a
 1486  person or entity that previously qualified under the moratorium
 1487  in s. 663.041 must seek qualification as a qualified limited
 1488  service affiliate or cease doing business in this state.
 1489  Notwithstanding the expiration of the moratorium under s.
 1490  663.041, a person or entity that previously qualified under such
 1491  moratorium may remain open and in operation but shall refrain
 1492  from engaging in new lines of business in this state until
 1493  qualified as a qualified limited service affiliate under this
 1494  part.
 1495         Section 42. Section 663.532, Florida Statutes, as created
 1496  by this act, is amended to read:
 1497         663.532 Qualification.—
 1498         (1)To qualify as a qualified limited service affiliate
 1499  under this part, a limited service affiliate must file a written
 1500  notice with the office, in the manner and on a form prescribed
 1501  by the commission. Such written notice must include:
 1502         (a)The name under which the proposed qualified limited
 1503  service affiliate will conduct business in this state.
 1504         (b)A copy of the articles of incorporation or articles of
 1505  organization, or the equivalent, of the proposed qualified
 1506  limited service affiliate.
 1507         (c)The physical address where the proposed qualified
 1508  limited service affiliate will conduct business.
 1509         (d)The mailing address of the proposed qualified limited
 1510  service affiliate.
 1511         (e)The name and biographical information of each director,
 1512  executive officer, manager, managing member, or equivalent
 1513  position of the proposed qualified limited service affiliate, to
 1514  be submitted on a form prescribed by the commission.
 1515         (f)The number of officers and employees of the proposed
 1516  qualified limited service affiliate.
 1517         (g)A detailed list and description of the activities to be
 1518  conducted by the proposed qualified limited service affiliate.
 1519  The detailed list and description must include:
 1520         1.The services and activities of the proposed qualified
 1521  limited service affiliate;
 1522         2.An explanation of how the services and activities of the
 1523  proposed qualified limited service affiliate serve the business
 1524  purpose of each international trust entity; and
 1525         3.An explanation of how the services and activities of the
 1526  proposed qualified limited service affiliate are distinguishable
 1527  from those of the permissible activities of an international
 1528  trust company representative office described under s. 663.409.
 1529         (h)Disclosure of any instance occurring within the prior
 1530  10 years when the proposed qualified limited service affiliate’s
 1531  director, executive officer, principal shareholder, manager,
 1532  managing member, or equivalent position was:
 1533         1.Arrested for, charged with, or convicted of, or who pled
 1534  guilty or nolo contendere to, regardless of adjudication, any
 1535  offense that is punishable by imprisonment for a term exceeding
 1536  1 year, or to any offense that involves money laundering,
 1537  currency transaction reporting, tax evasion, facilitating or
 1538  furthering terrorism, fraud, theft, larceny, embezzlement,
 1539  fraudulent conversion, misappropriation of property, dishonesty,
 1540  breach of trust, breach of fiduciary duty, or moral turpitude,
 1541  or that is otherwise related to the operation of a financial
 1542  institution;
 1543         2.Fined or sanctioned as a result of a complaint to the
 1544  office or any other state or federal regulatory agency; or
 1545         3.Ordered to pay a fine or penalty in a proceeding
 1546  initiated by a federal, state, foreign, or local law enforcement
 1547  agency or an international agency related to money laundering,
 1548  currency transaction reporting, tax evasion, facilitating or
 1549  furthering terrorism, fraud, theft, larceny, embezzlement,
 1550  fraudulent conversion, misappropriation of property, dishonesty,
 1551  breach of trust, breach of fiduciary duty, or moral turpitude,
 1552  or that is otherwise related to the operation of a financial
 1553  institution.
 1554         (i)A declaration under penalty of perjury signed by the
 1555  executive officer, manager, or managing member of the proposed
 1556  qualified limited service affiliate that, to the best of his or
 1557  her knowledge:
 1558         1.No employee, representative, or agent provides, or will
 1559  provide, banking services; promotes or sells, or will promote or
 1560  sell, investments; or accepts, or will accept, custody of
 1561  assets.
 1562         2.No employee, representative, or agent acts, or will act,
 1563  as a fiduciary in this state, which includes, but is not limited
 1564  to, accepting the fiduciary appointment, executing the fiduciary
 1565  documents that create the fiduciary relationship, or making
 1566  discretionary decisions regarding the investment or distribution
 1567  of fiduciary accounts.
 1568         3.The jurisdiction of the international trust entity or
 1569  its offices, subsidiaries, or any affiliates that are directly
 1570  involved in or facilitate the financial services functions,
 1571  banking, or fiduciary activities of the international trust
 1572  entity is not listed on the Financial Action Task Force Public
 1573  Statement or on its list of jurisdictions with deficiencies in
 1574  anti-money laundering or counterterrorism.
 1575         (j)For each international trust entity that the proposed
 1576  qualified limited service affiliate will provide services for in
 1577  this state, the following:
 1578         1.The name of the international trust entity;
 1579         2.A list of the current officers and directors of the
 1580  international trust entity;
 1581         3.Any country where the international trust entity is
 1582  organized or authorized to do business;
 1583         4.The name of the home-country regulator;
 1584         5.Proof that the international trust entity has been
 1585  authorized by charter, license, or similar authorization by its
 1586  home-country regulator to engage in trust business;
 1587         6.Proof that the international trust entity lawfully
 1588  exists and is in good standing under the laws of the
 1589  jurisdiction where it is chartered, licensed, or organized;
 1590         7.A statement that the international trust entity is not
 1591  in bankruptcy, conservatorship, receivership, liquidation, or in
 1592  a similar status under the laws of any country;
 1593         8.Proof that the international trust entity is not
 1594  operating under the direct control of the government or the
 1595  regulatory or supervisory authority of the jurisdiction of its
 1596  incorporation, through government intervention or any other
 1597  extraordinary actions, and confirmation that it has not been in
 1598  such a status or under such control at any time within the prior
 1599  3 years;
 1600         9.Proof and confirmation that the proposed qualified
 1601  limited service affiliate is affiliated with the international
 1602  trust entities provided in the notice; and
 1603         10.Proof that the jurisdictions where the international
 1604  trust entity or its offices, subsidiaries, or any affiliates
 1605  that are directly involved in or that facilitate the financial
 1606  services functions, banking, or fiduciary activities of the
 1607  international trust entity are not listed on the Financial
 1608  Action Task Force Public Statement or on its list of
 1609  jurisdictions with deficiencies in anti-money laundering or
 1610  counterterrorism.
 1611         (k)A declaration under penalty of perjury, signed by an
 1612  executive officer, manager, or managing member of each
 1613  affiliated international trust entity, declaring that the
 1614  information provided to the office is true and correct to the
 1615  best of his or her knowledge.
 1616  
 1617  The proposed qualified limited service affiliate may provide
 1618  additional information in the form of exhibits when attempting
 1619  to satisfy any of the qualification requirements. All
 1620  information that the proposed qualified limited service
 1621  affiliate desires to present to support the written notice must
 1622  be submitted with the notice.
 1623         (2)The office may request additional information as the
 1624  office reasonably requires. Any request for additional
 1625  information must be made by the office within 30 days after
 1626  initial receipt of the written notice. Additional information
 1627  must be submitted within 60 days after a request has been made
 1628  by the office. Failure to respond to such request within 60 days
 1629  after the date of the request is a ground for denial of the
 1630  qualification. A notice is not deemed complete until all
 1631  requested information has been submitted to the office. Upon
 1632  deeming the notice complete, the office has 120 days to qualify
 1633  the limited service affiliate or issue a denial. An order
 1634  denying a qualification must contain notice of opportunity for a
 1635  hearing pursuant to ss. 120.569 and 120.57.
 1636         (3)A qualification under this part must be summarily
 1637  suspended by the office if the qualified limited service
 1638  affiliate made a material false statement in the written notice.
 1639  The summary suspension must remain in effect until a final order
 1640  is entered by the office. For purposes of s. 120.60(6), a
 1641  material false statement made in the qualified limited service
 1642  affiliate’s written notice constitutes an immediate and serious
 1643  danger to the public health, safety, and welfare. If a qualified
 1644  limited service affiliate made a material false statement in the
 1645  written notice, the office must enter a final order revoking the
 1646  qualification and may issue a fine as prescribed by s. 655.041
 1647  or issue an order of suspension, removal, or prohibition under
 1648  s. 655.037 to a financial institution-affiliated party of the
 1649  qualified limited service affiliate.
 1650         (4)Upon the filing of a completed qualification notice
 1651  under this section, the office shall make an investigation of
 1652  the character, reputation, business experience, and business
 1653  qualifications of the proposed qualified limited service
 1654  affiliate’s proposed directors, executive officers, principal
 1655  shareholder, managers, managing members, or equivalent
 1656  positions. The office shall approve the qualification only if it
 1657  has determined that such persons are qualified by reason of
 1658  their ability, reputation, and integrity and have sufficient
 1659  experience to manage and direct the affairs of the qualified
 1660  limited service affiliate in a lawful manner and in accordance
 1661  with the requirements for obtaining and maintaining a
 1662  qualification under this part. When evaluating a qualification
 1663  notice, the office may consider factors reasonably related to an
 1664  offense or related to a violation, fine, or penalty, such as
 1665  mitigating factors, history of multiple violations, severity of
 1666  the offense, and showings of rehabilitation.
 1667         (5)A qualification is not transferable or assignable.
 1668         (6)A person or entity in operation as of January 1, 2018,
 1669  which meets the definition of a limited service affiliate under
 1670  s. 663.530 must, on or before March 31, 2018, file the written
 1671  notice pursuant to this section seeking qualification as a
 1672  qualified limited service affiliate or cease doing business in
 1673  this state.
 1674         (7) No later than March 31, 2018, a person or entity that
 1675  previously qualified under the moratorium in s. 663.041 must
 1676  seek qualification as a qualified limited service affiliate or
 1677  cease doing business in this state. Notwithstanding the
 1678  expiration of the moratorium under s. 663.041, a person or
 1679  entity that previously qualified under such moratorium may
 1680  remain open and in operation but shall refrain from engaging in
 1681  new lines of business in this state until qualified as a
 1682  qualified limited service affiliate under this part.
 1683         Section 43. Section 663.5325, Florida Statutes, is created
 1684  to read:
 1685         663.5325Civil action subpoena enforcement.—
 1686         (1)Notwithstanding s. 655.059, a qualified limited service
 1687  affiliate established under this chapter is not required to
 1688  produce a book or record pertaining to a customer of an
 1689  affiliated international trust entity that is located outside
 1690  the United States or its territories in response to a subpoena
 1691  if the book or record is maintained outside the United States or
 1692  its territories and is not in the possession, custody, or
 1693  control of the qualified limited service affiliate.
 1694         (2)This section applies only to a subpoena issued pursuant
 1695  to the Florida Rules of Civil Procedure, the Federal Rules of
 1696  Civil Procedure, or other similar law or rule of civil procedure
 1697  in another state or territory of the United States. This section
 1698  does not apply to a subpoena issued by or on behalf of a
 1699  federal, state, or local government law enforcement agency,
 1700  administrative or regulatory agency, legislative body, or grand
 1701  jury and does not limit the power of the office to access all
 1702  books and records in the exercise of the office’s regulatory and
 1703  supervisory powers under the financial institutions codes.
 1704         Section 44. Section 663.533, Florida Statutes, is created
 1705  to read:
 1706         663.533Applicability of the financial institutions codes.
 1707  A qualified limited service affiliate is subject to the
 1708  financial institutions codes. Without limiting the foregoing,
 1709  the following provisions are applicable to a qualified limited
 1710  service affiliate:
 1711         (1)Section 655.012, relating to general supervisory powers
 1712  of the office.
 1713         (2)Section 655.031, relating to administrative enforcement
 1714  guidelines.
 1715         (3)Section 655.032, relating to investigations, subpoenas,
 1716  hearings, and witnesses.
 1717         (4)Section 655.0321, relating to restricted access to
 1718  certain hearings, proceedings, and related documents.
 1719         (5)Section 655.033, relating to cease and desist orders.
 1720         (6)Section 655.034, relating to injunctions.
 1721         (7)Section 655.037, relating to removal of a financial
 1722  institution-affiliated party by the office.
 1723         (8)Section 655.041, relating to administrative fines and
 1724  enforcement.
 1725         (9)Section 655.057, relating to restrictions on access to
 1726  public records.
 1727         (10)Section 655.059, relating to access to books and
 1728  records.
 1729         (11)Section 655.0591, relating to trade secret documents.
 1730         (12)Section 655.91, relating to records of institutions
 1731  and copies thereof; retention and destruction.
 1732         (13)Section 655.968, relating to financial institutions;
 1733  transactions relating to Iran or terrorism.
 1734  
 1735  This section does not prohibit the office from investigating or
 1736  examining an entity to ensure that it is not in violation of
 1737  this chapter or applicable provisions of the financial
 1738  institutions codes.
 1739         Section 45. Section 663.534, Florida Statutes, is created
 1740  to read:
 1741         663.534Events that require notice to be provided to the
 1742  office.—A qualified limited service affiliate must report to the
 1743  office, within 15 days of its knowledge of the occurrence, any
 1744  changes to the information previously relied upon by the office
 1745  when qualifying or renewing a qualification under this part.
 1746         Section 46. Section 663.535, Florida Statutes, is created
 1747  to read:
 1748         663.535Notice to customers.—All marketing documents and
 1749  advertisements and any display at the location of the qualified
 1750  limited service affiliate or at any trade or marketing event
 1751  must contain the following statement in a contrasting color in
 1752  at least 10-point type: “The Florida Office of Financial
 1753  Regulation DOES NOT provide safety and soundness oversight of
 1754  this company, does not provide any opinion as to any affiliated
 1755  companies or products, and does not provide the oversight of
 1756  this company’s affiliated international trust entities or the
 1757  jurisdictions within which they operate. This company may not
 1758  act as a fiduciary and may not accept the fiduciary appointment,
 1759  execute or transmit fiduciary documents, take possession of any
 1760  assets, create a fiduciary relationship, make discretionary
 1761  decisions regarding the investment or distribution of fiduciary
 1762  accounts, provide banking services, or promote or sell
 1763  investments.”
 1764         Section 47. Section 663.536, Florida Statutes, is created
 1765  to read:
 1766         663.536Recordkeeping requirements for trade, industry, or
 1767  professional events.—A qualified limited service affiliate who
 1768  participates in a trade, industry, or professional event
 1769  pursuant to s. 663.531 must keep a record of its participation
 1770  in the event. The record must be maintained for at least 2 years
 1771  following the event and must contain the following information:
 1772         (1)The date, time, and location of the event;
 1773         (2)To the extent known or available, a list of
 1774  participants in the event, including other vendors, presenters,
 1775  attendees, and targeted attendees;
 1776         (3)The nature and purpose of the event;
 1777         (4)The qualified limited service affiliate’s purpose for
 1778  participating in the event; and
 1779         (5)Samples of materials or, when samples are unavailable,
 1780  descriptions of materials provided by the qualified limited
 1781  service affiliate to attendees and other participants.
 1782         Section 48. Section 663.537, Florida Statutes, is created
 1783  to read:
 1784         663.537Examination or investigation of a qualified limited
 1785  service affiliate.—The office may conduct an examination or
 1786  investigation of a qualified limited service affiliate at any
 1787  time that it deems necessary to determine whether the qualified
 1788  limited service affiliate or financial institution-affiliated
 1789  party thereof has violated, or is about to violate, any
 1790  provision of this chapter, any applicable provision of the
 1791  financial institutions codes, or any rule adopted by the
 1792  commission pursuant to this chapter or the financial
 1793  institutions codes. The office shall conduct an examination of
 1794  each qualified limited service affiliate at least once every 18
 1795  months to assess compliance with this part and the financial
 1796  institutions codes. The office may conduct an examination,
 1797  before or after qualification, of any person or entity that
 1798  submits the written notice for qualification pursuant to s.
 1799  663.532 to confirm information provided in the written notice
 1800  and to confirm the activities of the person or entity seeking
 1801  qualification.
 1802         Section 49. Section 663.538, Florida Statutes, is created
 1803  to read:
 1804         663.538Suspension, revocation, or voluntary surrender of
 1805  qualification.—
 1806         (1)A qualified limited service affiliate that proposes to
 1807  terminate operations in this state shall surrender its
 1808  qualification to the office and comply with such procedures as
 1809  required by rule of the commission.
 1810         (2)A qualified limited service affiliate that fails to
 1811  renew its qualification may be subject to a fine and penalty;
 1812  however, such qualified limited service affiliate may renew its
 1813  qualification within 30 days after expiration or may surrender
 1814  the qualification in accordance with procedures prescribed by
 1815  commission rule.
 1816         (3)The qualification of a qualified limited service
 1817  affiliate in this state may be suspended or revoked by the
 1818  office, with or without examination, upon the office’s
 1819  determination that the qualified limited service affiliate does
 1820  not meet all requirements for original or renewal qualification.
 1821         (4)If a qualified limited service affiliate surrenders its
 1822  qualification or its qualification is suspended or revoked by
 1823  the office, all rights and privileges afforded by this part to
 1824  the qualified limited service affiliate cease.
 1825         (5)At least 60 days before a proposed date of voluntary
 1826  termination of a qualification, a qualified limited service
 1827  affiliate must provide to the office written notice by letter of
 1828  its intention to surrender its qualification and terminate
 1829  operations. The notice must include the proposed date of
 1830  termination and the name of the officer in charge of the
 1831  termination procedures.
 1832         (6)The office may conduct an examination of the books and
 1833  records of a qualified limited service affiliate at any time
 1834  after receipt of the notice of surrender of qualification to
 1835  confirm the winding down of operations.
 1836         (7)Operations of a qualified limited service affiliate are
 1837  deemed terminated effective upon the later of the expiration of
 1838  60 days from the date of the filing of the notice of voluntary
 1839  surrender or upon the date provided in the notice of voluntary
 1840  surrender, unless the office provides written notice specifying
 1841  the grounds for denial of such proposed termination. The office
 1842  may not deny a request to terminate unless it learns of the
 1843  existence of any outstanding claim or claims against the
 1844  qualified limited service affiliate, it finds that the
 1845  requirements to terminate operations have not been satisfied, or
 1846  there is an immediate and serious danger to the public health,
 1847  safety, and welfare if the termination occurred.
 1848         Section 50. Section 663.539, Florida Statutes, is created
 1849  to read:
 1850         663.539Biennial qualification renewal.—A qualification
 1851  must be renewed every 2 years. A qualification must be renewed
 1852  by furnishing such information as the commission requires. A
 1853  complete biennial renewal of qualification must include a
 1854  declaration under penalty of perjury, signed by the executive
 1855  officer or managing member of the qualified limited service
 1856  affiliate seeking renewal, declaring that the information
 1857  submitted for the purposes of renewal is true and correct to the
 1858  best of his or her knowledge, and confirming or providing all of
 1859  the following:
 1860         (1)That the qualified limited service affiliate is in
 1861  compliance with this part.
 1862         (2)The physical location of the principal place of
 1863  business of the qualified limited service affiliate.
 1864         (3)The telephone number of the qualified limited service
 1865  affiliate.
 1866         (4)A list of the qualified limited service affiliate’s
 1867  current directors, executive officers, principal shareholder,
 1868  managers, managing members, or equivalent positions.
 1869         (5)Any updates or changes in information which were not
 1870  previously provided either in the initial qualification or in
 1871  subsequent qualification renewals or which were not previously
 1872  disclosed to the office.
 1873         Section 51. For the purpose of incorporating the amendment
 1874  made by this act to section 663.01, Florida Statutes, in a
 1875  reference thereto, subsection (4) of section 663.16, Florida
 1876  Statutes, is reenacted to read:
 1877         663.16 Definitions; ss. 663.17-663.181.—As used in ss.
 1878  663.17-663.181, the term:
 1879         (4) Except where the context otherwise requires,
 1880  “international banking corporation” or “corporation” has the
 1881  same meaning as that provided in s. 663.01 and includes any
 1882  licensed office of an international banking corporation
 1883  operating in this state.
 1884         Section 52. Except as otherwise expressly provided in this
 1885  act and except for this section, which shall take effect upon
 1886  this act becoming a law, this act shall take effect January 1,
 1887  2018.
 1888  
 1889  ================= T I T L E  A M E N D M E N T ================
 1890  And the title is amended as follows:
 1891         Delete everything before the enacting clause
 1892  and insert:
 1893                        A bill to be entitled                      
 1894         An act relating to international financial
 1895         institutions; amending s. 655.005, F.S.; redefining
 1896         the term “financial institution” to include
 1897         international trust entities and qualified limited
 1898         service affiliates; amending s. 655.059, F.S.;
 1899         specifying conditions under which confidential books
 1900         and records of international trust entities may be
 1901         disclosed to their home-country supervisors; revising
 1902         conditions for such disclosure for international
 1903         banking corporations; redefining the term “home
 1904         country supervisor”; requiring books and records
 1905         pertaining to trust accounts to be kept confidential
 1906         by financial institutions and their directors,
 1907         officers, and employees; providing an exception;
 1908         providing construction; creating s. 663.001, F.S.;
 1909         providing legislative intent; amending s. 663.01,
 1910         F.S.; redefining terms; deleting the definition of the
 1911         term “international trust company representative
 1912         office”; amending s. 663.02, F.S.; revising
 1913         applicability of the financial institutions codes as
 1914         to international banking corporations; amending s.
 1915         663.021, F.S.; conforming a provision to changes made
 1916         by the act; amending s. 663.04, F.S.; deleting
 1917         international trust companies from requirements for
 1918         carrying on financial institution business; conforming
 1919         a provision to changes made by the act; authorizing
 1920         the Office of Financial Regulation to permit certain
 1921         entities that would otherwise be prohibited from
 1922         carrying on financial institution business to remain
 1923         open and in operation under certain circumstances;
 1924         amending s. 663.05, F.S.; providing for an abbreviated
 1925         application procedure for certain entities established
 1926         by an international banking corporation; specifying
 1927         that the Financial Services Commission, rather than
 1928         the office, prescribes a certain application form;
 1929         requiring the commission to adopt rules for a time
 1930         limitation for an application decision after a
 1931         specified date; revising conditions for the office to
 1932         issue an international banking corporation license;
 1933         conforming a provision to changes made by the act;
 1934         amending s. 663.055, F.S.; revising capital
 1935         requirements for international banking corporations;
 1936         amending s. 663.06, F.S.; making technical changes;
 1937         conforming a provision to changes made by the act;
 1938         creating s. 663.0601, F.S.; providing an after-the
 1939         fact licensure process in the event of the
 1940         acquisition, merger, or consolidation of international
 1941         banking corporations; specifying conditions for such
 1942         license; amending s. 663.061, F.S.; providing
 1943         permissible activities for international bank
 1944         agencies; amending s. 663.062, F.S.; providing
 1945         permissible activities for certain international
 1946         representative offices; amending s. 663.063, F.S.;
 1947         providing permissible activities for international
 1948         administrative offices; amending s. 663.064, F.S.;
 1949         requiring the commission to adopt rules relating to
 1950         permissible deposits of international branches;
 1951         providing permissible activities for international
 1952         branches; amending s. 663.09, F.S.; revising
 1953         requirements for the maintenance of books and records
 1954         of international banking corporations; authorizing the
 1955         office to require international banking corporations
 1956         to translate certain documents into English at the
 1957         expense of the international banking corporations;
 1958         amending s. 663.11, F.S.; authorizing the office to
 1959         permit certain entities that would otherwise be
 1960         prohibited from continuing business to remain open and
 1961         in operation under certain circumstances; authorizing
 1962         the commission to adopt certain rules; requiring an
 1963         entity to surrender its license under certain
 1964         circumstances; making technical and conforming
 1965         changes; amending s. 663.12, F.S.; conforming a
 1966         provision to changes made by the act; amending s.
 1967         663.17, F.S.; making technical changes; providing a
 1968         directive to the Division of Law Revision and
 1969         Information to create part III of ch. 663, F.S.,
 1970         entitled “International Trust Company Representative
 1971         Offices”; creating s. 663.4001, F.S.; providing
 1972         legislative intent; creating s. 663.401, F.S.;
 1973         defining terms; creating s. 663.402, F.S.; providing
 1974         applicability of the financial institutions codes as
 1975         to international trust entities; creating s. 663.403,
 1976         F.S.; providing applicability of the Florida Business
 1977         Corporation Act as to international trust entities;
 1978         creating s. 663.404, F.S.; specifying requirements for
 1979         an international trust entity or certain related
 1980         entities to conduct financial institution business;
 1981         authorizing the office to permit an international
 1982         trust company representative office that would
 1983         otherwise be prohibited from continuing business to
 1984         remain open and in operation under certain
 1985         circumstances; creating s. 663.405, F.S.; providing
 1986         that an international trust company representative
 1987         office is not required to produce certain books and
 1988         records under certain circumstances; providing
 1989         applicability; creating s. 663.406, F.S.; providing
 1990         requirements for applications for an international
 1991         trust entity license; requiring the office to disallow
 1992         certain financial resources from capitalization
 1993         requirements; requiring the international trust entity
 1994         to submit to the office a certain certificate;
 1995         providing an abbreviated application process for
 1996         certain international trust entities to establish
 1997         international trust company representative offices;
 1998         specifying parameters and requirements for the office
 1999         in determining whether to approve or disapprove an
 2000         application; requiring the commission to adopt by rule
 2001         general principles regarding the adequacy of
 2002         supervision of an international trust entity’s foreign
 2003         establishments rules; creating s. 663.407, F.S.;
 2004         providing capital requirements for an international
 2005         trust entity; requiring the commission to adopt rules;
 2006         creating s. 663.408, F.S.; providing permissible
 2007         activities under and requirements and limitations for
 2008         international trust entity licenses; providing
 2009         procedures, conditions, and requirements for the
 2010         suspension, revocation, or surrender of an
 2011         international trust entity license; creating s.
 2012         663.4081, F.S.; providing for an after-the-fact
 2013         licensure process in the event of the acquisition,
 2014         merger, or consolidation of international trust
 2015         entities; specifying conditions for such licensure;
 2016         transferring, renumbering, and amending s. 663.0625,
 2017         F.S.; adding prohibited activities of representatives
 2018         and employees of an international trust company
 2019         representative office; providing permissible
 2020         activities of such offices; conforming provisions to
 2021         changes made by the act; creating s. 663.410, F.S.;
 2022         requiring international trust entities to certify to
 2023         the office the amount of their capital accounts at
 2024         specified intervals; providing construction; creating
 2025         s. 663.411, F.S.; specifying reporting and
 2026         recordkeeping requirements for international trust
 2027         entities; providing penalties; authorizing the office
 2028         to require an international trust entity to translate
 2029         certain documents into English at the international
 2030         trust entity’s expense; creating s. 663.412, F.S.;
 2031         prohibiting an international trust entity from
 2032         continuing to conduct business in this state under
 2033         certain circumstances; authorizing the office to
 2034         permit an international trust company representative
 2035         office to remain open and in operation under certain
 2036         circumstances; authorizing the commission to adopt
 2037         certain rules; requiring an entity to surrender its
 2038         license under certain circumstances; requiring an
 2039         international trust entity or its surviving officers
 2040         and directors to deliver specified documents to the
 2041         office; providing construction; creating s. 663.413,
 2042         F.S.; specifying application and examination fees for
 2043         international trust company representative offices;
 2044         creating s. 663.414, F.S.; authorizing the commission
 2045         to adopt certain rules; providing an exemption from
 2046         statement of estimated regulatory costs requirements;
 2047         creating s. 663.415, F.S.; requiring international
 2048         trust company representative offices that are under
 2049         examination to reimburse domestic or foreign travel
 2050         expenses of the office; providing a directive to the
 2051         Division of Law Revision and Information to create
 2052         part IV of ch. 663, F.S., entitled “Qualified Limited
 2053         Service Affiliates of International Trust Entities”;
 2054         creating s. 663.530, F.S.; defining terms; creating s.
 2055         663.531, F.S.; specifying permissible and prohibited
 2056         activities of a qualified limited service affiliate;
 2057         requiring specified notices to be posted on an
 2058         international trust entity’s or qualified limited
 2059         service affiliate’s website; authorizing enforcement
 2060         actions by the office; providing construction;
 2061         creating s. 663.532, F.S.; requiring certain persons
 2062         or entities to qualify as qualified limited service
 2063         affiliates by a specified date or cease doing business
 2064         in this state; permitting certain persons or entities
 2065         to remain open and in operation under certain
 2066         circumstances; amending s. 663.532, F.S., as created
 2067         by this act; specifying qualification notice
 2068         requirements; providing requirements and procedures
 2069         for additional information requested by the office;
 2070         providing summary suspension requirements and
 2071         procedures; requiring the office to make investigation
 2072         of specified persons upon the filing of a completed
 2073         qualification notice; requiring the office to approve
 2074         a qualification only if certain conditions are met;
 2075         providing factors for the office to consider when
 2076         evaluating a previous offense or violation committed
 2077         by, or a previous fine or penalty imposed on,
 2078         specified persons; providing that qualifications are
 2079         not transferable or assignable; requiring certain
 2080         persons or entities to file notices seeking
 2081         qualification by a specified date or cease doing
 2082         business in this state; creating s. 663.5325, F.S.;
 2083         providing that a qualified limited service affiliate
 2084         is not required to produce certain books and records
 2085         under certain circumstances; providing applicability;
 2086         creating s. 663.533, F.S.; providing applicability of
 2087         the financial institutions codes as to qualified
 2088         limited service affiliates; providing construction;
 2089         creating s. 663.534, F.S.; requiring qualified limited
 2090         service affiliates to report changes of certain
 2091         information to the office within a specified
 2092         timeframe; creating s. 663.535, F.S.; requiring a
 2093         specified notice to customers in marketing documents,
 2094         advertisements, and displays at the qualified limited
 2095         service affiliate’s location or at certain events;
 2096         creating s. 663.536, F.S.; specifying recordkeeping
 2097         requirements relating to certain events that a
 2098         qualified limited service affiliate participates in;
 2099         creating s. 663.537, F.S.; authorizing the office to
 2100         conduct examinations or investigations of qualified
 2101         limited service affiliates for certain purposes;
 2102         specifying a minimum interval of examinations to
 2103         assess compliance; authorizing the office to examine a
 2104         person or entity submitting a notice of qualification
 2105         for certain purposes; creating s. 663.538, F.S.;
 2106         providing requirements and procedures relating to the
 2107         suspension, revocation, or voluntary surrender of a
 2108         qualified limited service affiliate’s qualification;
 2109         providing a penalty; authorizing the office to conduct
 2110         examinations under certain circumstances; prohibiting
 2111         the office from denying a request to terminate
 2112         operations except under certain circumstances;
 2113         providing construction; creating s. 663.539, F.S.;
 2114         requiring a qualified limited service affiliate to
 2115         renew its qualification biennially; specifying
 2116         requirements for the renewal qualification; reenacting
 2117         s. 663.16, F.S., relating to definitions, to
 2118         incorporate the amendment made to s. 663.01, F.S., in
 2119         a reference thereto; providing effective dates.