Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 736
       
       
       
       
       
                               Ì567188WÎ567188                          
       
       576-03062-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to international financial
    3         institutions; amending s. 655.005, F.S.; redefining
    4         the term “financial institution” to include
    5         international trust entities and limited service
    6         affiliates; amending s. 655.059, F.S.; specifying
    7         conditions under which confidential books and records
    8         of international trust entities may be disclosed to
    9         their home-country supervisors; revising conditions
   10         for such disclosure for international banking
   11         corporations; redefining the term “home-country
   12         supervisor”; requiring books and records pertaining to
   13         trust accounts to be kept confidential by financial
   14         institutions and their directors, officers, and
   15         employees; providing an exception; providing
   16         construction; creating s. 663.001, F.S.; providing
   17         legislative intent; amending s. 663.01, F.S.;
   18         redefining terms; deleting the definition of the term
   19         “international trust company representative office”;
   20         amending s. 663.02, F.S.; revising applicability of
   21         the financial institutions codes as to international
   22         banking corporations; amending s. 663.021, F.S.;
   23         conforming a provision to changes made by the act;
   24         amending s. 663.04, F.S.; deleting international trust
   25         companies from requirements for carrying on financial
   26         institution business; conforming a provision to
   27         changes made by the act; authorizing the Office of
   28         Financial Regulation to permit certain entities that
   29         would otherwise be prohibited from carrying on
   30         financial institution business to remain open and in
   31         operation under certain circumstances; amending s.
   32         663.05, F.S.; providing for an abbreviated application
   33         procedure for certain entities established by an
   34         international banking corporation; specifying that the
   35         Financial Services Commission, rather than the office,
   36         prescribes a certain application form; requiring the
   37         commission to adopt rules for a time limitation for an
   38         application decision after a specified date; revising
   39         conditions for the office to issue an international
   40         banking corporation license; conforming a provision to
   41         changes made by the act; amending s. 663.055, F.S.;
   42         revising capital requirements for international
   43         banking corporations; amending s. 663.06, F.S.; making
   44         technical changes; conforming a provision to changes
   45         made by the act; creating s. 663.0601, F.S.; providing
   46         an after-the-fact licensure process in the event of
   47         the acquisition, merger, or consolidation of
   48         international banking corporations; specifying
   49         conditions for such license; amending s. 663.061,
   50         F.S.; providing permissible activities for
   51         international bank agencies; amending s. 663.062,
   52         F.S.; providing permissible activities for certain
   53         international representative offices; amending s.
   54         663.063, F.S.; providing permissible activities for
   55         international administrative offices; amending s.
   56         663.064, F.S.; requiring the commission to adopt rules
   57         relating to permissible deposits of international
   58         branches; providing permissible activities for
   59         international branches; amending s. 663.09, F.S.;
   60         revising requirements for the maintenance of books and
   61         records of international banking corporations;
   62         authorizing the office to require international
   63         banking corporations to translate certain documents
   64         into English at the expense of the international
   65         banking corporations; amending s. 663.11, F.S.;
   66         authorizing the office to permit certain entities that
   67         would otherwise be prohibited from continuing business
   68         to remain open and in operation under certain
   69         circumstances; authorizing the commission to adopt
   70         certain rules; requiring an entity to surrender its
   71         license under certain circumstances; making technical
   72         and conforming changes; amending s. 663.12, F.S.;
   73         conforming a provision to changes made by the act;
   74         amending s. 663.17, F.S.; making technical changes;
   75         providing a directive to the Division of Law Revision
   76         and Information to create part III of ch. 663, F.S.,
   77         entitled “International Trust Company Representative
   78         Offices”; creating s. 663.4001, F.S.; providing
   79         legislative intent; creating s. 663.401, F.S.;
   80         defining terms; creating s. 663.402, F.S.; providing
   81         applicability of the financial institutions codes as
   82         to international trust entities; creating s. 663.403,
   83         F.S.; providing applicability of the Florida Business
   84         Corporation Act as to international trust entities;
   85         creating s. 663.404, F.S.; specifying requirements for
   86         an international trust entity or certain related
   87         entities to conduct financial institution business;
   88         authorizing the office to permit an international
   89         trust company representative office that would
   90         otherwise be prohibited from continuing business to
   91         remain open and in operation under certain
   92         circumstances; creating s. 663.405, F.S.; providing
   93         that an international trust company representative
   94         office is not required to produce certain books and
   95         records under certain circumstances; providing
   96         applicability; creating s. 663.406, F.S.; providing
   97         requirements for applications for an international
   98         trust entity license; requiring the office to disallow
   99         certain financial resources from capitalization
  100         requirements; requiring the international trust entity
  101         to submit to the office a certain certificate;
  102         providing an abbreviated application process for
  103         certain international trust entities to establish
  104         international trust company representative offices;
  105         specifying parameters and requirements for the office
  106         in determining whether to approve or disapprove an
  107         application; requiring the commission to adopt by rule
  108         general principles regarding the adequacy of
  109         supervision of an international trust entity’s foreign
  110         establishments rules; creating s. 663.407, F.S.;
  111         providing capital requirements for an international
  112         trust entity; requiring the commission to adopt rules;
  113         creating s. 663.408, F.S.; providing permissible
  114         activities under and requirements and limitations for
  115         international trust entity licenses; providing
  116         procedures, conditions, and requirements for the
  117         suspension, revocation, or surrender of an
  118         international trust entity license; creating s.
  119         663.4081, F.S.; providing for an after-the-fact
  120         licensure process in the event of the acquisition,
  121         merger, or consolidation of international trust
  122         entities; specifying conditions for such licensure;
  123         transferring, renumbering, and amending s. 663.0625,
  124         F.S.; adding prohibited activities of representatives
  125         and employees of an international trust company
  126         representative office; conforming provisions to
  127         changes made by the act; creating s. 663.410, F.S.;
  128         requiring international trust entities to certify to
  129         the office the amount of their capital accounts at
  130         specified intervals; providing construction; creating
  131         s. 663.411, F.S.; specifying reporting and
  132         recordkeeping requirements for international trust
  133         entities; providing penalties; authorizing the office
  134         to require an international trust entity to translate
  135         certain documents into English at the international
  136         trust entity’s expense; creating s. 663.412, F.S.;
  137         prohibiting an international trust entity from
  138         continuing to conduct business in this state under
  139         certain circumstances; authorizing the office to
  140         permit an international trust company representative
  141         office to remain open and in operation under certain
  142         circumstances; authorizing the commission to adopt
  143         certain rules; requiring an entity to surrender its
  144         license under certain circumstances; requiring an
  145         international trust entity or its surviving officers
  146         and directors to deliver specified documents to the
  147         office; providing construction; creating s. 663.413,
  148         F.S.; specifying application and examination fees for
  149         international trust company representative offices;
  150         creating s. 663.414, F.S.; authorizing the commission
  151         to adopt certain rules; providing an exemption from
  152         statement of estimated regulatory costs requirements;
  153         creating s. 663.415, F.S.; requiring international
  154         trust company representative offices that are under
  155         examination to reimburse domestic or foreign travel
  156         expenses of the office; providing a directive to the
  157         Division of Law Revision and Information to create
  158         part IV of ch. 663, F.S., entitled “Limited Service
  159         Affiliates of International Trust Entities”; creating
  160         s. 663.530, F.S.; defining terms; creating s. 663.531,
  161         F.S.; specifying permissible and impermissible
  162         activities of a limited service affiliate; requiring
  163         specified notices to be posted on an international
  164         trust entity’s or limited service affiliate’s website;
  165         authorizing enforcement actions by the office;
  166         providing construction; creating s. 663.532, F.S.;
  167         requiring certain persons or entities to register as
  168         limited service affiliates by a specified date or
  169         cease doing business in this state; permitting certain
  170         persons or entities to remain open and in operation
  171         under certain circumstances; amending s. 663.532,
  172         F.S., as created by this act; specifying registration
  173         notice requirements and a fee for limited service
  174         affiliates; providing requirements and procedures for
  175         additional information requested by the office;
  176         providing summary suspension requirements and
  177         procedures; requiring the office to make investigation
  178         of specified persons upon the filing of a completed
  179         registration notice; requiring the office to approve
  180         an application under certain conditions; providing
  181         factors for the office to consider when evaluating a
  182         previous offense or violation committed by, or a
  183         previous fine or penalty imposed on, specified
  184         persons; providing that registrations are not
  185         transferable or assignable; providing for deposit of
  186         fees into a specified trust fund; requiring certain
  187         persons or entities to register as limited service
  188         affiliates by a specified date or cease doing business
  189         in this state; creating s. 663.5325, F.S.; providing
  190         that a limited service affiliate is not required to
  191         produce certain books and records under certain
  192         circumstances; providing applicability; creating s.
  193         663.533, F.S.; providing applicability of the
  194         financial institutions codes as to limited service
  195         affiliates; providing construction; creating s.
  196         663.534, F.S.; requiring a registrant to report
  197         changes of certain information to the office within a
  198         specified timeframe; creating s. 663.535, F.S.;
  199         requiring a specified notice to customers in marketing
  200         documents, advertisements, and displays at the limited
  201         service affiliate’s location or at certain events;
  202         creating s. 663.536, F.S.; specifying recordkeeping
  203         requirements relating to certain events that a
  204         registered limited service affiliate participates in;
  205         creating s. 663.537, F.S.; authorizing the office to
  206         conduct examinations or investigations of limited
  207         service affiliates for certain purposes; specifying a
  208         minimum interval of examinations to assess compliance;
  209         authorizing the office to examine a person or entity
  210         submitting a notice of registration for certain
  211         purposes; requiring limited service affiliates to pay
  212         specified costs of examination within a specified
  213         time; defining the terms “costs” and “actual cost”;
  214         providing penalties; specifying the trust fund where
  215         examination fees must be deposited; requiring the
  216         commission to adopt rules; creating s. 663.538, F.S.;
  217         providing requirements and procedures relating to the
  218         suspension, revocation, or voluntary surrender of a
  219         limited service affiliate’s registration; providing a
  220         penalty; authorizing the office to conduct
  221         examinations under certain circumstances; prohibiting
  222         the office from denying a request to terminate
  223         operations except under certain circumstances;
  224         providing construction; creating s. 663.539, F.S.;
  225         requiring a limited service affiliate to renew its
  226         registration biennially; specifying the renewal fee
  227         and the trust fund where such fee must be deposited;
  228         specifying requirements for the renewal registration;
  229         reenacting s. 663.16, F.S., relating to definitions,
  230         to incorporate the amendment made to s. 663.01, F.S.,
  231         in a reference thereto; providing effective dates.
  232          
  233  Be It Enacted by the Legislature of the State of Florida:
  234  
  235         Section 1. Paragraph (i) of subsection (1) of section
  236  655.005, Florida Statutes, is amended to read:
  237         655.005 Definitions.—
  238         (1) As used in the financial institutions codes, unless the
  239  context otherwise requires, the term:
  240         (i) “Financial institution” means a state or federal
  241  savings or thrift association, bank, savings bank, trust
  242  company, international bank agency, international banking
  243  corporation, international branch, international representative
  244  office, international administrative office, international trust
  245  entity, international trust company representative office,
  246  limited service affiliate, credit union, or an agreement
  247  corporation operating pursuant to s. 25 of the Federal Reserve
  248  Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized
  249  pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
  250  611 et seq.
  251         Section 2. Subsection (1) and paragraph (b) of subsection
  252  (2) of section 655.059, Florida Statutes, are amended to read:
  253         655.059 Access to books and records; confidentiality;
  254  penalty for disclosure.—
  255         (1) The books and records of a financial institution are
  256  confidential and shall be made available for inspection and
  257  examination only:
  258         (a) To the office or its duly authorized representative;
  259         (b) To any person duly authorized to act for the financial
  260  institution;
  261         (c) To any federal or state instrumentality or agency
  262  authorized to inspect or examine the books and records of an
  263  insured financial institution;
  264         (d) With respect to an international banking corporation or
  265  international trust entity, to the home-country supervisor of
  266  the international banking corporation or international trust
  267  entity, provided:
  268         1. The home-country supervisor provides advance notice to
  269  the office that the home-country supervisor intends to examine
  270  the Florida office of the international banking corporation or
  271  international trust entity. Such examination may be conducted
  272  onsite or offsite and may include ongoing reporting by the
  273  Florida office of the international banking corporation or
  274  international trust entity to the home-country supervisor.
  275         2. The home-country supervisor confirms to the office that
  276  the purpose of the examination is to ensure the safety and
  277  soundness of the international banking corporation or
  278  international trust entity.
  279         3. The books and records pertaining to customer deposit,
  280  investment, and custodial, and trust accounts are not disclosed
  281  to the home-country supervisor.
  282         4. At any time during the conduct of the examination, the
  283  office reserves the right to have an examiner present, or to
  284  participate jointly in the examination, or to receive copies of
  285  all information provided to the home-country supervisor.
  286  
  287  As used in For purposes of this paragraph, the term “home
  288  country supervisor” means the governmental entity in the
  289  international banking corporation’s or international trust
  290  entity’s home country with responsibility for the supervision
  291  and regulation of the safety and soundness of the international
  292  banking corporation or international trust entity;
  293         (e) As compelled by a court of competent jurisdiction,
  294  pursuant to a subpoena issued pursuant to the Florida Rules of
  295  Civil Procedure, the Florida Rules of Criminal Procedure, or the
  296  Federal Rules of Civil Procedure, or pursuant to a subpoena
  297  issued in accordance with state or federal law. Before Prior to
  298  the production of the books and records of a financial
  299  institution, the party seeking production must reimburse the
  300  financial institution for the reasonable costs and fees incurred
  301  in compliance with the production. If the parties disagree
  302  regarding the amount of reimbursement, the party seeking the
  303  records may request the court or agency having jurisdiction to
  304  set the amount of reimbursement;
  305         (f) As compelled by legislative subpoena as provided by
  306  law, in which case the provisions of s. 655.057 apply;
  307         (g) Pursuant to a subpoena, to any federal or state law
  308  enforcement or prosecutorial instrumentality authorized to
  309  investigate suspected criminal activity;
  310         (h) As authorized by the board of directors of the
  311  financial institution; or
  312         (i) As provided in subsection (2).
  313         (2)
  314         (b) The books and records pertaining to trust accounts and
  315  the deposit accounts and loans of depositors, borrowers,
  316  members, and stockholders of any financial institution shall be
  317  kept confidential by the financial institution and its
  318  directors, officers, and employees and may shall not be released
  319  except upon express authorization of the account holder as to
  320  her or his own accounts, loans, or voting rights. However,
  321  information relating to any loan made by a financial institution
  322  may be released without the borrower’s authorization in a manner
  323  prescribed by the board of directors for the purpose of meeting
  324  the needs of commerce and for fair and accurate credit
  325  information. Information may also be released, without the
  326  authorization of a member or depositor but in a manner
  327  prescribed by the board of directors, to verify or corroborate
  328  the existence or amount of a customer’s or member’s account when
  329  such information is reasonably provided to meet the needs of
  330  commerce and to ensure accurate credit information. In addition,
  331  a financial institution, affiliate, and its subsidiaries, and
  332  any holding company of the financial institution or subsidiary
  333  of such holding company, may furnish to one another information
  334  relating to their customers or members, subject to the
  335  requirement that each corporation receiving information that is
  336  confidential maintain the confidentiality of such information
  337  and not provide or disclose such information to any unaffiliated
  338  person or entity. Notwithstanding this paragraph, nothing in
  339  this subsection does not prohibit: shall prohibit
  340         1. A financial institution from disclosing financial
  341  information as referenced in this subsection as authorized
  342  permitted by Pub. L. No. 106-102 (1999), as set forth in 15
  343  U.S.C.A. s. 6802, as amended.
  344         2.The Florida office of the international banking
  345  corporation or international trust entity from sharing books and
  346  records under this subsection with the home-country supervisor
  347  in accordance with subsection (1).
  348         Section 3. Section 663.001, Florida Statutes, is created in
  349  part I of chapter 663, Florida Statutes, to read:
  350         663.001Purpose.—The purpose of this part is to establish a
  351  legal and regulatory framework for the conduct by international
  352  banking corporations of financial services business in this
  353  state. This part is intended to:
  354         (1)Support the Florida operations of international banking
  355  corporations and promote the growth of international financial
  356  services to benefit the economy and consumers in this state.
  357         (2)Provide for appropriate supervision and regulatory
  358  oversight to ensure that financial services activities of
  359  international banking corporations in this state are conducted
  360  responsibly and in a safe and sound manner.
  361         Section 4. Subsections (6) and (9) and paragraph (b) of
  362  subsection (11) of section 663.01, Florida Statutes, are amended
  363  to read:
  364         663.01 Definitions.—As used in this part, the term:
  365         (6) “International banking corporation” means a banking
  366  corporation organized and licensed under the laws of a foreign
  367  country. The term “international banking corporation” includes,
  368  without limitation, a foreign commercial bank, foreign merchant
  369  bank, or other foreign institution that engages in banking
  370  activities usual in connection with the business of banking in
  371  the country where such foreign institution is organized or
  372  operating, including a corporation: the sole shareholders of
  373  which are one or more international banking corporations or
  374  holding companies which own or control one or more international
  375  banking corporations which are authorized to carry on a banking
  376  business, or a central bank or government agency of a foreign
  377  country and any affiliate or division thereof; which has the
  378  power to receive deposits from the general public in the country
  379  where it is chartered and organized; and which is under the
  380  supervision of the central bank or other bank regulatory
  381  authority of such country. The term also includes foreign trust
  382  companies, or any similar business entities, including, but not
  383  limited to, foreign banks with fiduciary powers which, that
  384  conduct trust business as defined in the financial institutions
  385  codes.
  386         (9)“International trust company representative office”
  387  means an office of an international banking corporation or trust
  388  company organized and licensed under the laws of a foreign
  389  country which office is established or maintained in this state
  390  for the purpose of engaging in nonfiduciary activities described
  391  in s. 663.0625, or any affiliate, subsidiary, or other person
  392  that engages in such activities on behalf of such international
  393  banking corporation or trust company from an office located in
  394  this state.
  395         (10)(11) “Nonresident” means:
  396         (b) A person, other than an individual, whose principal
  397  place of business or domicile is outside the United States and
  398  includes a person who conducts a majority of its business
  399  activities in a foreign country and any foreign government and
  400  its subdivision, agencies, and instrumentalities. Any person who
  401  conducts business in the United States is considered to have its
  402  principal place of business outside the United States if any one
  403  of the following requirements is satisfied for its most recent
  404  fiscal year:
  405         1. Its assets located outside the United States exceed its
  406  assets located within the United States;
  407         2. Its gross revenues generated outside the United States
  408  exceed its gross revenues generated within the United States; or
  409         3. Its payroll expenses incurred outside the United States
  410  exceed its payroll expenses incurred within the United States.
  411         Section 5. Section 663.02, Florida Statutes, is amended to
  412  read:
  413         663.02 Applicability of the financial institutions codes
  414  state banking laws.—
  415         (1) International banking corporations having offices in
  416  this state are subject to all the provisions of the financial
  417  institutions codes and chapter 655 as though such corporations
  418  were state banks or trust companies, except where it may appear,
  419  from the context or otherwise, that such provisions are clearly
  420  applicable only to banks or trust companies organized under the
  421  laws of this state or the United States. Without limiting the
  422  foregoing general provisions, it is the intent of the
  423  Legislature that the following provisions are applicable to such
  424  banks or trust companies: s. 655.031, relating to administrative
  425  enforcement guidelines; s. 655.032, relating to investigations,
  426  subpoenas, hearings, and witnesses; s. 655.0321, relating to
  427  hearings, proceedings, and related documents and restricted
  428  access thereto; s. 655.033, relating to cease and desist orders;
  429  s. 655.037, relating to removal by the office of an officer,
  430  director, committee member, employee, or other person; s.
  431  655.041, relating to administrative fines and enforcement; s.
  432  655.50, relating to the control of money laundering and
  433  terrorist financing; and any law for which the penalty is
  434  increased under s. 775.31 for facilitating or furthering
  435  terrorism. International banking corporations do not have the
  436  powers conferred on domestic banks by s. 658.60, relating to
  437  deposits of public funds. Chapter 687, relating to interest and
  438  usury, applies to all bank loans.
  439         (2) Neither an international bank agency nor an
  440  international branch shall have any greater right under, or by
  441  virtue of, this section than is granted to banks organized under
  442  the laws of this state. Legal and financial terms used herein
  443  shall be deemed to refer to equivalent terms used by the country
  444  in which the international banking corporation is organized.
  445  This chapter and the financial institutions codes may not be
  446  construed to authorize any international banking corporation or
  447  trust company to conduct trust business, as defined in s.
  448  658.12, from an office in this state except for those activities
  449  specifically authorized by s. 663.061(5) ss. 663.061(5) and
  450  663.0625.
  451         Section 6. Subsection (1) of section 663.021, Florida
  452  Statutes, is amended to read:
  453         663.021 Civil action subpoena enforcement.—
  454         (1) Notwithstanding s. 655.059, an international
  455  representative office, international bank agency, international
  456  branch, international trust company representative office, or
  457  international administrative office established under this
  458  chapter is not required to produce a book or record pertaining
  459  to a deposit account, investment account, or loan of a customer
  460  of the international banking corporation’s offices that are
  461  located outside the United States or its territories in response
  462  to a subpoena if the book or record is maintained outside the
  463  United States or its territories and is not in the possession,
  464  custody, or control of the international banking corporation’s
  465  office, agency, or branch established in this state.
  466         Section 7. Section 663.04, Florida Statutes, is amended to
  467  read:
  468         663.04 Requirements for carrying on financial institution
  469  business.—An international banking corporation or trust company,
  470  or any affiliate, subsidiary, or other person or business entity
  471  acting as an agent for, on behalf of, or for the benefit of such
  472  international banking corporation or trust company who engages
  473  in such activities from an office located in this state, may not
  474  transact a banking or trust business, or maintain in this state
  475  any office for carrying on such business, or any part thereof,
  476  unless such corporation, trust company, affiliate, subsidiary,
  477  person, or business entity:
  478         (1) Has been authorized by its charter to carry on a
  479  banking or trust business and has complied with the laws of the
  480  jurisdiction in which it is chartered.
  481         (2) Has furnished to the office such proof as to the nature
  482  and character of its business and as to its financial condition
  483  as the commission or office requires.
  484         (3) Has filed with the office a certified copy of that
  485  information required to be supplied to the Department of State
  486  by those provisions of part I of chapter 607 which are
  487  applicable to foreign corporations.
  488         (4) Has received a license duly issued to it by the office.
  489         (5) Has sufficient capital in accordance with the
  490  requirements of capital accounts no less than the minimums
  491  required per s. 663.055 and the rules adopted thereunder and is
  492  not imminently insolvent or insolvent, as those terms are
  493  defined in per s. 655.005(1).
  494         (6)(a) Is not in bankruptcy, conservatorship, receivership,
  495  liquidation, or similar status under the laws of any country.
  496         (b) Is not operating under the direct control of the
  497  government, regulatory, or supervisory authority of the
  498  jurisdiction of its incorporation through government
  499  intervention or any other extraordinary actions.
  500         (c) Has not been in such status or control at any time
  501  within the 3 7 years preceding the date of application for a
  502  license.
  503  
  504  Notwithstanding paragraphs (a) and (b), the office may permit an
  505  international branch, international bank agency, international
  506  administrative office, or international representative office to
  507  remain open and in operation pursuant to s. 663.11(1)(b).
  508         Section 8. Present subsections (4) through (8) of section
  509  663.05, Florida Statutes, are redesignated as subsections (5)
  510  through (9), respectively, a new subsection (4) is added to that
  511  section, and present subsections (4), (5), and (6), paragraph
  512  (c) of present subsection (7), and present subsection (8) of
  513  that section are amended, to read:
  514         663.05 Application for license; approval or disapproval.—
  515         (4)Notwithstanding subsection (1), an international
  516  banking corporation that has operated an international branch,
  517  international bank agency, international administrative office,
  518  or international representative office in this state for a
  519  minimum of 3 years in a safe and sound manner, as defined by
  520  commission rule, and that is otherwise eligible to establish an
  521  additional office may establish one or more additional
  522  international branches, international bank agencies,
  523  international administrative offices, or international
  524  representative offices by providing an abbreviated application
  525  and paying the appropriate license fee pursuant to s. 663.12.
  526  This subsection does not permit an international banking
  527  corporation to file an abbreviated application for any license
  528  type whose permissible activities are broader than those in
  529  which the international banking corporation is currently
  530  authorized to engage.
  531         (5)(4)An application filed pursuant to this section must
  532  shall be made on a form prescribed by the commission office and
  533  must shall contain such information as the commission or office
  534  requires.
  535         (6)(5) The office may, in its discretion, approve or
  536  disapprove the application, but it may shall not approve the
  537  application unless, in its opinion, the applicant meets each and
  538  every requirement of this part and any other applicable
  539  provision of the financial institutions codes. The office shall
  540  approve the application only if it has determined that the
  541  directors, executive officers, and principal shareholders of the
  542  international banking corporation are qualified by reason of
  543  their financial ability, reputation, and integrity and have
  544  sufficient banking and other business experience to indicate
  545  that they will manage and direct the affairs of the
  546  international banking corporation in a safe, sound, and lawful
  547  manner. In the processing of an application filed pursuant to
  548  this section applications, the time limitations under the
  549  Administrative Procedure Act do shall not apply as to approval
  550  or disapproval of the application. For applications filed on or
  551  after January 1, 2018, the time limitations for approval or
  552  disapproval of an application must be prescribed by rule of the
  553  commission.
  554         (7)(6) The office may not issue a license to an
  555  international banking corporation unless:
  556         (a) It is chartered in a jurisdiction in which any
  557  financial institution licensed or chartered by any state or any
  558  federal bank regulatory agency in the United States bank or
  559  trust company having its principal place of business in this
  560  state may establish similar facilities or exercise similar
  561  powers; or
  562         (b) Federal law permits the appropriate federal regulatory
  563  authority to issue a comparable license to the international
  564  banking corporation.
  565         (8)(7) The office may not issue a license to an
  566  international banking corporation for the purpose of operating:
  567         (c)A trust representative office in this state unless the
  568  corporation:
  569         1.Holds an unrestricted license to conduct trust business
  570  in the foreign country under the laws of which it is organized
  571  and chartered.
  572         2.Has been authorized by the foreign country’s trust
  573  business regulatory authority to establish the proposed
  574  international trust representative office.
  575         3.Is adequately supervised by the central bank or trust
  576  regulatory agency in the foreign country in which it is
  577  organized and chartered.
  578         4.Meets all requirements under the financial institutions
  579  codes for the operation of a trust company or trust department
  580  as if it were a state chartered trust company or bank authorized
  581  to exercise fiduciary powers.
  582         (9)(8) The commission shall establish, by rule, the general
  583  principles which shall determine the adequacy of supervision of
  584  an international banking corporation’s foreign establishments.
  585  These principles shall be based upon the need for cooperative
  586  supervisory efforts and consistent regulatory guidelines and
  587  shall address, at a minimum, the capital adequacy, asset
  588  quality, management, earnings, liquidity, internal controls,
  589  audits, and foreign exchange operations and positions of the
  590  international banking corporation. This subsection does shall
  591  not require examination by the home-country regulatory
  592  authorities of any office of an international banking
  593  corporation in this state. The commission may also establish, by
  594  rule, other standards for approval of an application for a
  595  license as considered necessary to ensure the safe and sound
  596  operations of the international banking corporation bank or
  597  trust representative office in this state.
  598         Section 9. Section 663.055, Florida Statutes, is amended to
  599  read:
  600         663.055 Capital requirements.—
  601         (1) To qualify for a license under the provisions of this
  602  part, the proposed capitalization of the international banking
  603  corporation must be in such amount as the office determines is
  604  necessary, taking into consideration the risk profile of the
  605  international banking corporation and the ability of the
  606  international banking corporation to operate a licensed office
  607  in a safe and sound manner. In making this determination, the
  608  office must consider the financial resources of the
  609  international banking corporation, including an international
  610  banking corporation must have net capital accounts, calculated
  611  according to United States generally accepted accounting
  612  principles and practices, of at least:
  613         (a) The international banking corporation’s current and
  614  projected capital position, profitability, level of
  615  indebtedness, and business and strategic plans Forty million
  616  dollars for the establishment of an international bank agency,
  617  an international branch, or an international administrative
  618  office; or
  619         (b) The financial condition of any of the international
  620  banking corporation’s existing offices located in the United
  621  States; Twenty million dollars for the establishment of an
  622  international representative office or international trust
  623  representative office.
  624         (c)The minimum capital requirements of the international
  625  banking corporation’s home-country jurisdiction; and
  626         (d)The capital ratio standards used in the United States
  627  and in the international banking corporation’s home-country
  628  jurisdiction.
  629         (2) The proposed capitalization of the international
  630  banking corporation must be in such amount as the office deems
  631  adequate, but in no case may the total capital accounts of the
  632  international banking corporation be less than the minimum
  633  required under s. 658.21(2) to establish a state bank
  634  Notwithstanding the provisions of paragraph (1)(a), the office
  635  may approve an application for a license to establish an
  636  international bank agency, an international branch, or an
  637  international administrative office if:
  638         (a)The international banking corporation is licensed to
  639  receive deposits from the general public in the country where it
  640  is organized and licensed and to engage in such other activities
  641  as are usual in connection with the business of banking in such
  642  country;
  643         (b)The office receives a certificate that is issued by the
  644  banking or supervisory authority of the country in which the
  645  international banking corporation is organized and licensed and
  646  states that the international banking corporation is duly
  647  organized and licensed and lawfully existing in good standing,
  648  and is empowered to conduct a banking business; and
  649         (c)The international banking corporation has been in the
  650  business of banking for at least 10 years and is ranked by the
  651  banking or supervisory authority of the country in which it is
  652  organized and licensed as one of the five largest banks in that
  653  country in terms of domestic deposits, as of the date of its
  654  most recent statement of financial condition. However, in no
  655  event shall the office approve an application under this
  656  subsection for any international banking corporation with
  657  capital accounts of less than $20 million.
  658         (3) The office may specify such other conditions as it
  659  determines are appropriate, considering the public interest and,
  660  the need to maintain a safe, sound, and competitive banking
  661  system in this state, and the preservation of an environment
  662  conducive to the conduct of an international banking business in
  663  this state. In translating the capital accounts of an
  664  international banking corporation, the office may consider
  665  monetary corrections accounts that reflect results consistent
  666  with the requirements of generally accepted accounting
  667  principles in the United States.
  668         (4) For the purpose of this part, the capital accounts of
  669  and capital ratio standards for an international banking
  670  corporation must shall be determined in accordance with rules
  671  adopted by the commission. In adopting such rules, the
  672  commission shall consider similar rules adopted by bank
  673  regulatory agencies in the United States and the need to provide
  674  reasonably consistent regulatory requirements for international
  675  banking corporations which will maintain the safe and sound
  676  condition of international banking corporations doing business
  677  in this state, as well as capital adequacy standards of an
  678  international banking corporation’s home-country jurisdiction.
  679         Section 10. Subsections (1) and (3) of section 663.06,
  680  Florida Statutes, are amended to read:
  681         663.06 Licenses; permissible activities.—
  682         (1)(a) An international banking corporation licensed to
  683  operate an office in this state may engage in the business
  684  authorized by this part at the office specified in such license
  685  for an indefinite period.
  686         (b) An international banking corporation may operate more
  687  than one licensed office, each at a different place of business,
  688  provided that each office is shall be separately licensed.
  689         (c)A No license is not transferable or assignable.
  690  However, the location of a licensed office may be changed after
  691  notification of the office.
  692         (d) Every such license must shall be, at all times,
  693  conspicuously displayed in the place of business specified
  694  therein.
  695         (3) The license for any international banking corporation
  696  office in this state may be suspended or revoked by the office,
  697  with or without examination, upon its determination that the
  698  international banking corporation or the licensed office does
  699  not meet all requirements for original licensing. Additionally,
  700  the office shall revoke the license of any licensed office that
  701  the office determines has been inactive for 6 months or longer.
  702  The commission may by rule prescribe additional conditions or
  703  standards under which the license of an international bank
  704  agency, international branch, international representative
  705  office, international trust company representative office, or
  706  international administrative office may be suspended or revoked.
  707         Section 11. Section 663.0601, Florida Statutes, is created
  708  to read:
  709         663.0601After-the-fact licensure process in the event of
  710  the acquisition, merger, or consolidation of international
  711  banking corporations.—If an international banking corporation
  712  proposes to acquire, merge, or consolidate with an international
  713  banking corporation that presently operates an international
  714  branch, international bank agency, international administrative
  715  office, or international representative office licensed in this
  716  state, the office may authorize the currently licensed
  717  international branch, international bank agency, international
  718  administrative office, or international representative office to
  719  remain open and in operation after consummation of the proposed
  720  acquisition, merger, or consolidation, if the acquiring
  721  international banking corporation files an after-the-fact
  722  application and all of the following conditions are met:
  723         (1)The international banking corporation or corporations
  724  resulting from the acquisition, merger, or consolidation will
  725  not directly or indirectly own or control more than 5 percent of
  726  any class of the voting securities of, or control, a United
  727  States bank.
  728         (2)Before consummation of the acquisition, merger, or
  729  consolidation, the international banking corporation currently
  730  licensed to operate an international branch, international bank
  731  agency, international administrative office, or international
  732  representative office in this state must provide the office at
  733  least 30 days’ advance written notice, as prescribed by rules
  734  adopted by the commission, of the proposed acquisition, merger,
  735  or consolidation.
  736         (3)Before consummation of the acquisition, merger, or
  737  consolidation, each international banking corporation commits in
  738  writing that it will either:
  739         (a)Comply with the conditions in subsections (1) and (2)
  740  and file an after-the-fact application for a license under s.
  741  663.05(1) within 60 days after consummation of the proposed
  742  acquisition, merger, or consolidation; and refrain from engaging
  743  in new lines of business and from otherwise expanding the
  744  activities of such establishment in this state until the
  745  disposition of the after-the-fact license application, in
  746  accordance with chapter 120; or
  747         (b)Promptly wind down and close any international branch,
  748  international bank agency, international administrative office,
  749  or international representative office in this state if the
  750  international banking corporations that are party to the
  751  acquisition, merger, or consolidation elect not to file an
  752  application for a license in accordance with paragraph (a); and,
  753  before such wind-down and closure, refrain from engaging in new
  754  lines of business or otherwise expanding the activities of such
  755  establishment in this state.
  756         Section 12. Subsection (1) of section 663.061, Florida
  757  Statutes, is amended to read:
  758         663.061 International bank agencies; permissible
  759  activities.—
  760         (1) An international bank agency licensed under this part
  761  may make any loan, extension of credit, or investment which it
  762  could make if incorporated and operating as a bank organized
  763  under the laws of this state. An international bank agency may
  764  act as custodian and may furnish investment management, and
  765  investment advisory services authorized under rules adopted by
  766  the commission, to nonresident entities or persons whose
  767  principal places of business or domicile are outside the United
  768  States and to resident entities or persons with respect to
  769  international, or foreign, or domestic investments. An
  770  international banking corporation that which has an
  771  international bank agency licensed under the terms of this part
  772  is shall be exempt from the registration requirements of s.
  773  517.12. An international bank agency licensed by the office may
  774  engage in any activity permissible for an international
  775  administrative office or international representative office.
  776         Section 13. Section 663.062, Florida Statutes, is amended
  777  to read:
  778         663.062 International representative offices; permissible
  779  activities.—An international representative office may promote
  780  or assist the deposit-taking, lending, or other financial or
  781  banking activities of an international banking corporation. An
  782  international representative office may serve as a liaison in
  783  Florida between an international banking corporation and its
  784  existing and potential customers. Representatives and employees
  785  based at such office may solicit business for the international
  786  banking corporation and its subsidiaries and affiliates, provide
  787  information to customers concerning their accounts, answer
  788  questions, receive applications for extensions of credit and
  789  other banking services, transmit documents on behalf of
  790  customers, and make arrangements for customers to transact
  791  business on their accounts, but a representative office may not
  792  conduct any banking or trust business in this state. An
  793  international representative office of an international banking
  794  corporation that has fiduciary powers may engage in the
  795  international trust representative office activities enumerated
  796  in s. 663.409.
  797         Section 14. Subsection (2) of section 663.063, Florida
  798  Statutes, is amended to read:
  799         663.063 International administrative offices.—
  800         (2) An office established pursuant to the provisions of
  801  this section may not engage only in any activity except those
  802  activities set forth in subsection (1) and the activities
  803  permissible for an international representative office pursuant
  804  to s. 663.062.
  805         Section 15. Section 663.064, Florida Statutes, is amended
  806  to read:
  807         663.064 International branches; permissible activities;
  808  requirements.—
  809         (1) An international banking corporation that meets the
  810  requirements of ss. 658.26, 663.04, and 663.05 may, with the
  811  approval of the office, establish one or more branches in this
  812  state. An international branch shall have the same rights and
  813  privileges as a federally licensed international branch. The
  814  operations of an international branch shall be conducted
  815  pursuant to requirements determined by the office as necessary
  816  to ensure compliance with the provisions of the financial
  817  institutions codes, including requirements for the maintenance
  818  of accounts and records separate from those of the international
  819  banking corporation of which it is a branch.
  820         (2)An international branch has the same rights and
  821  privileges as a federally licensed international branch. The
  822  permissible deposits of an international branch must be
  823  determined in accordance with rules adopted by the commission.
  824  In adopting such rules, the commission shall consider the
  825  similar deposit-taking authority of a federally licensed
  826  international branch and the need to provide reasonably
  827  consistent regulatory requirements for international banking
  828  corporations doing business in this state.
  829         (3)An international branch licensed by the office may
  830  engage in any activity permissible for an international bank
  831  agency, international administrative office, or international
  832  representative office.
  833         Section 16. Subsection (3) of section 663.09, Florida
  834  Statutes, is amended, and subsection (5) is added to that
  835  section, to read:
  836         663.09 Reports; records.—
  837         (3) Each international banking corporation that which
  838  operates an office licensed under this part shall cause to be
  839  kept, at a location accepted by the office:
  840         (a) Correct and complete books and records of account of
  841  the business operations transacted by such office. All policies
  842  and procedures relating specifically to governing the operations
  843  of such office, as well as any existing general ledger or
  844  subsidiary accounts, must shall be maintained in the English
  845  language. Any policies and procedures of the international
  846  banking corporation which are not specific to the operations of
  847  such office may be maintained in a language other than English
  848  The office may require that any other document not written in
  849  the English language which the office deems necessary for the
  850  purposes of its regulatory and supervisory functions be
  851  translated into English at the expense of the international
  852  banking corporation.
  853         (b) Current copies of the charter and bylaws of the
  854  international banking corporation, relative to the operations of
  855  the office, and minutes of the proceedings of its directors,
  856  officers, or committees relative to the business of the office.
  857  Such records may be maintained in a language other than English
  858  and must shall be kept pursuant to s. 655.91 and shall be made
  859  available to the office, upon request, at any time during
  860  regular business hours of the office. Any failure to keep such
  861  records as aforesaid or any refusal to produce such records upon
  862  request by the office is shall be grounds for suspension or
  863  revocation of any license issued under this part.
  864         (5)The office may require at any time that any document
  865  not written in the English language which the office deems
  866  necessary for the purposes of its regulatory and supervisory
  867  functions be translated into English at the expense of the
  868  international banking corporation.
  869         Section 17. Section 663.11, Florida Statutes, is amended to
  870  read:
  871         663.11 Termination of international banking corporation’s
  872  charter or authority.—
  873         (1)(a) An international banking corporation that is
  874  licensed to maintain an office in this state may not continue to
  875  conduct its licensed business in this state if the international
  876  banking corporation:
  877         1. Is dissolved, or its authority or existence is otherwise
  878  terminated or canceled in the jurisdiction of its
  879  incorporation;,
  880         2. Is in bankruptcy, conservatorship, receivership,
  881  liquidation, or similar status under the laws of any country;,
  882  or
  883         3. Is operating under the direct control of the government
  884  or the regulatory or supervisory authority of the jurisdiction
  885  of its incorporation through government intervention or any
  886  other extraordinary actions.
  887         (b)1.Notwithstanding subparagraphs (a)2. and 3., the
  888  office may permit an international branch, international bank
  889  agency, international administrative office, or international
  890  representative office to remain open and in operation under the
  891  following conditions:
  892         a.Within 30 days after the occurrence of an event
  893  described in subparagraph (a)2. or subparagraph (a)3., the
  894  international branch, international bank agency, international
  895  administrative office, or international representative office
  896  provides the office with a plan to wind down its affairs and
  897  business within the subsequent 90 days or provides an interim
  898  operational plan outlining parameters for its continued
  899  operation. If the office finds that such interim operational
  900  plan does not allow for the conduct of business in a safe and
  901  sound manner, the office shall revoke the license.
  902         b.The international banking corporation is authorized by
  903  the foreign country in which it is organized and licensed to
  904  address the affairs of any international branch, international
  905  bank agency, international administrative office, or
  906  international representative office in this state.
  907         c.The international branch, international bank agency,
  908  international administrative office, or international
  909  representative office does not engage in any new lines of
  910  business or otherwise expand its activities in this state.
  911         d.The office determines that allowing the international
  912  branch, international bank agency, international administrative
  913  office, or international representative office to remain open
  914  furthers domestic and foreign supervisory cooperation.
  915         e.The office determines that allowing the international
  916  branch, international bank agency, international administrative
  917  office, or international representative office to remain open is
  918  in the public’s interest and does not present an immediate or
  919  serious danger to the public health, safety, or welfare.
  920         2.The commission may establish, by rule, additional
  921  standards and conditions for approval of an interim operational
  922  plan and for ongoing compliance with the plan. Such standards
  923  and conditions shall be based upon the need for cooperative
  924  supervisory efforts, consistent regulatory oversight, and the
  925  orderly administration of the international banking
  926  corporation’s affairs.
  927         3.After the resolution of all applicable events described
  928  in subparagraphs (a)2. and 3., if an international banking
  929  corporation is no longer authorized by the foreign country in
  930  which it is organized and licensed to conduct banking business,
  931  the international branch, international bank agency,
  932  international administrative office, or international
  933  representative office shall surrender its license in accordance
  934  with s. 663.06.
  935         (2)A certificate of the official who is responsible for
  936  records of banking corporations of the jurisdiction of
  937  incorporation of such international banking corporation,
  938  attesting to the occurrence of any such event, or a certified
  939  copy of an order or decree of a court of such jurisdiction,
  940  directing the dissolution of such international banking
  941  corporation, the termination of its existence, or the
  942  cancellation of its authority, or declaring its status in
  943  bankruptcy, conservatorship, receivership, liquidation, or
  944  similar proceedings, or other reliable documentation that the
  945  international banking corporation is operating under the direct
  946  control of its government or a regulatory or supervisory
  947  authority, shall be delivered by The international banking
  948  corporation or its surviving officers and directors shall
  949  deliver to the office:.
  950         (a)A certificate of the official who is responsible for
  951  records of banking corporations of the jurisdiction of
  952  incorporation of such international banking corporation,
  953  attesting to the occurrence of any event described in paragraph
  954  (1)(a);
  955         (b)A certified copy of an order or decree of a court of
  956  such jurisdiction, directing the dissolution of such
  957  international banking corporation, the termination of its
  958  existence, or the cancellation of its authority or declaring its
  959  status in bankruptcy, conservatorship, receivership,
  960  liquidation, or similar proceedings; or
  961         (c)Other reliable documentation evidencing that the
  962  international banking corporation is operating under the direct
  963  control of its government or a regulatory or supervisory
  964  authority.
  965         (3) The filing of the certificate, order, documentation, or
  966  decree has shall have the same effect as the revocation of the
  967  license of such international banking corporation as provided in
  968  s. 663.06, unless the office has permitted the international
  969  branch, international bank agency, international administrative
  970  office, or international representative office to remain open
  971  and in operation pursuant to paragraph (1)(b).
  972         Section 18. Subsection (1) of section 663.12, Florida
  973  Statutes, is amended to read:
  974         663.12 Fees; assessments; fines.—
  975         (1) Each application for a license under the provisions of
  976  this part must shall be accompanied by a nonrefundable filing
  977  fee payable to the office in the following amount:
  978         (a) Ten thousand dollars for establishing a state-chartered
  979  investment company.
  980         (b) Ten thousand dollars for establishing an international
  981  bank agency or branch.
  982         (c) Five thousand dollars for establishing an international
  983  administrative office.
  984         (d) Five thousand dollars for establishing an international
  985  representative office.
  986         (e)Five thousand dollars for establishing an international
  987  trust company representative office.
  988         (e)(f) An amount equal to the initial filing fee for an
  989  application to convert from one type of license to another. The
  990  commission may increase the filing fee for any type of license
  991  to an amount established by rule and calculated in a manner so
  992  as to cover the direct and indirect cost of processing such
  993  applications.
  994         Section 19. Subsection (11) of section 663.17, Florida
  995  Statutes, is amended to read:
  996         663.17 Liquidation; possession of business and property;
  997  inventory of assets; wages; depositing collected assets;
  998  appointing agents; appointment of judges.—
  999         (11) The compensation of agents and any other employees
 1000  appointed by the office to assist in the liquidation of an
 1001  international banking corporation, or any of the corporation’s
 1002  licensed offices located in this state, the distribution of its
 1003  assets, or the expenses of supervision, must shall be paid out
 1004  of the assets of the corporation in the possession hands of the
 1005  office. Expenses of liquidation and approved claims for fees and
 1006  assessments due the office must shall be given first priority
 1007  among unsecured creditors.
 1008         Section 20. The Division of Law Revision and Information is
 1009  directed to create part III of chapter 663, Florida Statutes,
 1010  consisting of ss. 663.4001-663.416, Florida Statutes, to be
 1011  entitled “International Trust Company Representative Offices.”
 1012         Section 21. Section 663.4001, Florida Statutes, is created
 1013  to read:
 1014         663.4001Purpose.—The purpose of this part is to establish
 1015  a legal and regulatory framework for the conduct by
 1016  international trust entities of financial services business in
 1017  this state. This part is intended to:
 1018         (1)Support the Florida operations of international trust
 1019  entities and promote the growth of international financial
 1020  services to benefit the economy and consumers in this state.
 1021         (2)Provide for appropriate supervision and regulatory
 1022  oversight to ensure that financial services activities of
 1023  international trust entities in this state are conducted
 1024  responsibly and in a safe and sound manner.
 1025         Section 22. Section 663.401, Florida Statutes, is created
 1026  to read:
 1027         663.401Definitions.—
 1028         (1)“Affiliate” means a person or business or a group of
 1029  persons or businesses acting in concert which controls, is
 1030  controlled by, or is under common control of an international
 1031  trust entity.
 1032         (2)“International trust company representative office”
 1033  means an office of an international trust entity which is
 1034  established or maintained in this state for the purpose of
 1035  engaging in nonfiduciary activities described in s. 663.409, or
 1036  any affiliate, subsidiary, or other person that engages in such
 1037  activities on behalf of such international trust entity from an
 1038  office located in this state.
 1039         (3)“International trust entity” means an international
 1040  trust company or organization, or any similar business entity,
 1041  or an affiliated or subsidiary entity that is licensed,
 1042  chartered, or similarly permitted to conduct trust business in a
 1043  foreign country or countries under the laws where such entity is
 1044  organized and supervised.
 1045         Section 23. Section 663.402, Florida Statutes, is created
 1046  to read:
 1047         663.402Applicability of the financial institutions codes.—
 1048         (1)An international trust entity that operates an office
 1049  licensed under this part is subject to all the financial
 1050  institutions codes as though such international trust entity
 1051  were a state trust company, except when it appears, from the
 1052  context or otherwise, that such provisions are clearly
 1053  applicable only to trust companies organized under the laws of
 1054  this state or the United States. Without limiting the foregoing
 1055  general provisions, it is the intent of the Legislature that the
 1056  following provisions are applicable to such international trust
 1057  entities having offices in this state: s. 655.031, relating to
 1058  administrative enforcement guidelines; s. 655.032, relating to
 1059  investigations, subpoenas, hearings, and witnesses; s. 655.0321,
 1060  relating to restricted access hearings, proceedings, and related
 1061  documents; s. 655.033, relating to cease and desist orders; s.
 1062  655.037, relating to removal of a financial institution-related
 1063  party by the office; s. 655.041, relating to administrative
 1064  fines and enforcement; s. 655.50, the Florida Control of Money
 1065  Laundering and Terrorist Financing in Financial Institutions
 1066  Act; and any law for which the penalty is increased under s.
 1067  775.31 for facilitating or furthering terrorism.
 1068         (2)An international trust entity does not have any greater
 1069  right under, or by virtue of, this section than is granted to
 1070  trust companies organized under the laws of this state. Legal
 1071  and financial terms used in this chapter are deemed to refer to
 1072  equivalent terms used by the country in which the international
 1073  trust entity is organized. This chapter and the financial
 1074  institutions codes may not be construed to authorize any
 1075  international trust entity to conduct trust business, as defined
 1076  in s. 658.12, from an office in this state.
 1077         Section 24. Section 663.403, Florida Statutes, is created
 1078  to read:
 1079         663.403Applicability of the Florida Business Corporation
 1080  Act.—Notwithstanding s. 607.01401(12), the provisions of part I
 1081  of chapter 607 which are not in conflict with the financial
 1082  institutions codes and which relate to foreign corporations
 1083  apply to all international trust entities and their offices
 1084  doing business in this state.
 1085         Section 25. Section 663.404, Florida Statutes, is created
 1086  to read:
 1087         663.404Requirements for conducting financial institution
 1088  business.—An international trust entity, or any affiliated,
 1089  subsidiary, or other person or business entity acting as an
 1090  agent for, on behalf of, or for the benefit of such
 1091  international trust entity, who engages in such activities from
 1092  an office located in this state, may not transact a trust
 1093  business, or maintain in this state any office for carrying on
 1094  such business, or any part thereof, unless such international
 1095  trust entity, affiliate, subsidiary, person, or business entity:
 1096         (1)Has been authorized by charter, license, or similar
 1097  authorization by operation of law to carry on trust business and
 1098  has complied with the laws of each jurisdiction in which it is
 1099  chartered, licensed, or otherwise authorized and created under
 1100  operation of law.
 1101         (2)Has furnished to the office such proof as to the nature
 1102  and character of its business and as to its financial condition
 1103  as the commission or office requires.
 1104         (3)Has filed with the office a certified copy of that
 1105  information required to be supplied to the Department of State
 1106  by those provisions of part I of chapter 607 which are
 1107  applicable to foreign corporations.
 1108         (4)Has received a license duly issued to it by the office.
 1109         (5)Has sufficient capital in accordance with the
 1110  requirements of s. 663.407 and the rules adopted thereunder and
 1111  is not imminently insolvent or insolvent, as those terms are
 1112  defined under s. 655.005(1).
 1113         (6)(a)Is not in bankruptcy, conservatorship, receivership,
 1114  liquidation, or similar status under the laws of any country.
 1115         (b)Is not operating under the direct control of the
 1116  government or the regulatory or supervisory authority of the
 1117  home jurisdiction in which it has been chartered, licensed, or
 1118  otherwise authorized and created under operation of law, through
 1119  government intervention or any other extraordinary actions.
 1120         (c)Has not been in such status or control at any time
 1121  within the 3 years preceding the date of application for a
 1122  license.
 1123  
 1124  Notwithstanding paragraphs (a) and (b), the office may permit an
 1125  international trust company representative office to remain open
 1126  and in operation pursuant to s. 663.412(1)(b).
 1127         Section 26. Section 663.405, Florida Statutes, is created
 1128  to read:
 1129         663.405Civil action subpoena enforcement.—
 1130         (1)Notwithstanding s. 655.059, an international trust
 1131  company representative office established under this chapter is
 1132  not required to produce a book or record pertaining to a deposit
 1133  account, investment account, trust account, or loan of a
 1134  customer of the international trust entity’s offices that are
 1135  located outside the United States or its territories in response
 1136  to a subpoena, if the book or record is maintained outside the
 1137  United States or its territories and is not in the possession,
 1138  custody, or control of the international trust entity’s
 1139  representative office established in this state.
 1140         (2)This section applies only to a subpoena issued pursuant
 1141  to the Florida Rules of Civil Procedure, the Federal Rules of
 1142  Civil Procedure, or other similar law or rule of civil procedure
 1143  in another state. This section does not apply to a subpoena
 1144  issued by or on behalf of a federal, state, or local government
 1145  law enforcement agency, administrative or regulatory agency,
 1146  legislative body, or grand jury and does not limit the power of
 1147  the office to access all books and records in the exercise of
 1148  the office’s regulatory and supervisory powers under the
 1149  financial institutions codes.
 1150         Section 27. Section 663.406, Florida Statutes, is created
 1151  to read:
 1152         663.406Application for license; approval or disapproval.—
 1153         (1)An international trust entity, before being licensed by
 1154  the office to maintain any office in this state, must subscribe
 1155  and acknowledge, and submit to the office, an application that
 1156  contains all of the following:
 1157         (a)The name of the international trust entity.
 1158         (b)The proposed location, by street and post office
 1159  address and county, where its business is to be transacted in
 1160  this state, and the name of the person who will be in charge of
 1161  the business and affairs of the office.
 1162         (c)The location where its initial registered office will
 1163  be located in this state.
 1164         (d)The total amount of the capital accounts of the
 1165  international trust entity.
 1166         (e)A complete and detailed statement of its financial
 1167  condition as of a date within 180 days before the date of such
 1168  application, except that the office in its discretion may, when
 1169  necessary or expedient, accept such statement of financial
 1170  condition as of a date within 240 days before the date of such
 1171  application. The office in its discretion may, when necessary or
 1172  expedient, require an independent opinion audit or the
 1173  equivalent satisfactory to the office.
 1174         (f)A listing of any occasion within the 10-year period
 1175  before the application on which either the international trust
 1176  entity or any of its directors, executive officers, or principal
 1177  shareholders have been arrested for, charged with, convicted of,
 1178  or pled guilty or nolo contendere to, regardless of
 1179  adjudication, any offense with respect to which the penalties
 1180  include the possibility of imprisonment for 1 year or more, or
 1181  to any offense involving money laundering, currency transaction
 1182  reporting, facilitating or furthering terrorism, or fraud, or
 1183  otherwise related to the operation of a financial institution.
 1184         (2)The office shall disallow any illegally obtained
 1185  currency, monetary instruments, funds, or other financial
 1186  resources from the capitalization requirements of this section,
 1187  and the existence of such illegally obtained resources is
 1188  grounds for denial of the application for license.
 1189         (3)An international trust entity that submits an
 1190  application to the office shall concurrently submit a
 1191  certificate issued by the supervisory authority of the country
 1192  in which the international trust entity is chartered or
 1193  organized which states that the international trust entity is
 1194  duly organized and licensed, or otherwise authorized by
 1195  operation of law to transact business as a trust entity, and
 1196  lawfully existing in good standing.
 1197         (4)An international trust entity that has operated an
 1198  international trust company representative office in this state
 1199  for at least 3 years in a safe and sound manner, as defined by
 1200  commission rule, and that is otherwise eligible to establish an
 1201  additional office may establish one or more international trust
 1202  company representative offices by providing an abbreviated
 1203  application, and paying the appropriate license fee pursuant to
 1204  s. 663.413.
 1205         (5)An application filed pursuant to this section must be
 1206  made on a form prescribed by the commission and must contain
 1207  such information as the commission or office requires.
 1208         (6)The office may, in its discretion, approve or
 1209  disapprove the application, but it may not approve the
 1210  application unless, in its opinion, the applicant meets each and
 1211  every requirement of this part and any other applicable
 1212  provision of the financial institutions codes. The office may
 1213  approve the application only if it has determined that the
 1214  directors, executive officers, and principal shareholders of the
 1215  international trust entity are qualified by reason of their
 1216  financial ability, reputation, and integrity and have sufficient
 1217  trust company and other business experience to indicate that
 1218  they will manage and direct the affairs of the international
 1219  trust entity in a safe, sound, and lawful manner. In the
 1220  processing of any application filed pursuant to this section,
 1221  the time limitations under the Administrative Procedure Act do
 1222  not apply as to approval or disapproval of the application. For
 1223  applications filed on or after January 1, 2018, the time
 1224  limitations for approval or disapproval of an application must
 1225  be prescribed by rule of the commission.
 1226         (7)The office may not issue a license to an international
 1227  trust entity unless it is chartered, licensed, or similarly
 1228  authorized by operation of law in a jurisdiction in which any
 1229  financial institution licensed or chartered by any state or
 1230  federal regulatory agency in the United States may establish
 1231  similar facilities or exercise similar powers.
 1232         (8)The office may not issue a license to an international
 1233  trust entity for the purpose of operating an international trust
 1234  company representative office in this state unless the trust
 1235  entity:
 1236         (a)Holds an unrestricted license to conduct trust business
 1237  in the foreign country under whose laws it is organized and
 1238  chartered;
 1239         (b)Has been authorized by the foreign country’s
 1240  appropriate regulatory authority to establish the proposed
 1241  international trust company representative office; and
 1242         (c)Is adequately supervised by the appropriate regulatory
 1243  agency in the foreign country in which it is organized and
 1244  chartered.
 1245         (9)The commission shall establish, by rule, the general
 1246  principles that determine the adequacy of supervision of an
 1247  international trust entity’s foreign establishments. These
 1248  principles must be based upon the need for cooperative
 1249  supervisory efforts and consistent regulatory guidelines and
 1250  must address, at a minimum, the capital adequacy, asset quality,
 1251  management, earnings, liquidity, internal controls, audits, and
 1252  foreign exchange operations and positions of the international
 1253  trust entity. This subsection does not require examination by
 1254  the home-country regulatory authorities of any office of an
 1255  international trust entity in this state. The commission may
 1256  also establish, by rule, other standards for approval of an
 1257  application for a license as considered necessary to ensure the
 1258  safe and sound operations of the international trust entity in
 1259  this state.
 1260         Section 28. Section 663.407, Florida Statutes, is created
 1261  to read:
 1262         663.407Capital requirements.—
 1263         (1)For an international trust entity to qualify for a
 1264  license under this part, the proposed capitalization of the
 1265  international trust entity must be in such amount as the office
 1266  determines is necessary, taking into consideration the risk
 1267  profile of the international trust entity and the ability of the
 1268  international trust entity to operate a licensed office in a
 1269  safe and sound manner. In making this determination, the office
 1270  shall consider the financial resources of the international
 1271  trust entity, including:
 1272         (a)The international trust entity’s current and projected
 1273  capital position, profitability, level of indebtedness, business
 1274  and strategic plans, and off-balance sheet asset management and
 1275  administration activities;
 1276         (b)The financial condition of any of the international
 1277  trust entity’s existing offices located in the United States;
 1278         (c)The minimum capital requirements of the international
 1279  trust entity’s home-country jurisdiction; and
 1280         (d)The capital ratio standards used in the United States
 1281  and in the international trust entity’s home-country
 1282  jurisdiction.
 1283         (2)The proposed capitalization of the international trust
 1284  entity must be in such amount as the office deems adequate, but
 1285  in no case may the total capital accounts of the international
 1286  trust entity be less than $1 million.
 1287         (3)The office may specify such other conditions as it
 1288  determines are appropriate, considering the public interest and
 1289  the need to maintain a safe, sound, and competitive financial
 1290  marketplace in this state.
 1291         (4)For purposes of this part, the capital accounts of and
 1292  capital ratio standards for an international trust entity must
 1293  be determined in accordance with rules adopted by the
 1294  commission. In adopting such rules, the commission shall
 1295  consider similar rules adopted by regulatory agencies in the
 1296  United States and the need to provide reasonably consistent
 1297  regulatory requirements for international trust entities doing
 1298  business in this state, as well as capital adequacy standards of
 1299  an international trust entity’s home-country jurisdiction.
 1300         Section 29. Section 663.408, Florida Statutes, is created
 1301  to read:
 1302         663.408Licenses; permissible activities of licensees.—
 1303         (1)(a)An international trust entity licensed to operate an
 1304  office in this state may engage in the business authorized by
 1305  this part at the office specified in such license for an
 1306  indefinite period.
 1307         (b)An international trust entity may operate more than one
 1308  licensed office, each at a different place of business, provided
 1309  that each office is separately licensed.
 1310         (c)A license is not transferable or assignable. However,
 1311  the location of a licensed office may be changed after
 1312  notification to the office.
 1313         (d)A license must at all times be conspicuously displayed
 1314  in the place of business specified therein.
 1315         (2)An international trust entity that proposes to
 1316  terminate the operations of a licensed office in this state must
 1317  surrender its license to the office and comply with such
 1318  procedures as the commission may prescribe by rule.
 1319         (3)The license for an international trust company
 1320  representative office in this state may be suspended or revoked
 1321  by the office, with or without examination, upon its
 1322  determination that the international trust entity or the
 1323  licensed office does not meet all requirements for original
 1324  licensing. Additionally, the office shall revoke the license of
 1325  any licensed office that the office determines has been inactive
 1326  for 6 months or longer. The commission may by rule prescribe
 1327  additional conditions or standards under which the license of an
 1328  international trust company representative office may be
 1329  suspended or revoked.
 1330         (4)If any such license is surrendered by the international
 1331  trust entity or is suspended or revoked by the office, all
 1332  rights and privileges of the international trust entity to
 1333  transact the business under the license cease. The commission
 1334  shall prescribe by rule procedures for the surrender of a
 1335  license and for the orderly cessation of business by an
 1336  international trust entity in a manner that is not harmful to
 1337  the interests of its customers or of the public.
 1338         Section 30. Section 663.4081, Florida Statutes, is created
 1339  to read:
 1340         663.4081After-the-fact licensure process in the event of
 1341  the acquisition, merger, or consolidation of international trust
 1342  entities.—If an international trust entity proposes to acquire,
 1343  merge, or consolidate with an international trust entity that
 1344  presently operates an international trust company representative
 1345  office licensed in this state, the office may allow the
 1346  currently licensed international trust company representative
 1347  office to remain open and in operation after consummation of the
 1348  proposed acquisition, merger, or consolidation, subject to the
 1349  filing with the office of an after-the-fact license application
 1350  in accordance with all of the following conditions:
 1351         (1)The international trust entity or entities resulting
 1352  from the acquisition, merger, or consolidation will not directly
 1353  or indirectly own or control more than 5 percent of any class of
 1354  the voting securities of, or control, a United States bank.
 1355         (2)Before consummation of the acquisition, merger, or
 1356  consolidation, the international trust entity currently licensed
 1357  to operate an international trust company representative office
 1358  in this state must provide the office at least 30 days’ advance
 1359  written notice, as prescribed by rules adopted by the
 1360  commission, of the proposed acquisition, merger, or
 1361  consolidation.
 1362         (3)Before consummation of the acquisition, merger, or
 1363  consolidation, each international trust entity commits in
 1364  writing that it will:
 1365         (a)Comply with the conditions in subsections (1) and (2)
 1366  and file an after-the-fact application for a license under s.
 1367  663.406(1) within 60 days after consummation of the proposed
 1368  acquisition, merger, or consolidation; and refrain from engaging
 1369  in new lines of business and from otherwise expanding the
 1370  activities of such establishment in this state until the
 1371  disposition of the after-the-fact license application, in
 1372  accordance with chapter 120; or
 1373         (b)Promptly wind down and close any international trust
 1374  company representative office in this state if the international
 1375  trust entities that are party to the acquisition, merger, or
 1376  consolidation elect not to file an application for a license in
 1377  accordance with paragraph (a); and, before such wind-down and
 1378  closure, refrain from engaging in new lines of business or
 1379  otherwise expanding the activities of such establishment in this
 1380  state.
 1381         Section 31. Section 663.0625, Florida Statutes, is
 1382  transferred, renumbered as section 663.409, Florida Statutes,
 1383  and amended to read:
 1384         663.409 663.0625 International trust company representative
 1385  offices; permissible activities; requirements.—
 1386         (1) An international trust company representative office
 1387  may conduct any nonfiduciary activities that are ancillary to
 1388  the fiduciary business of its international trust entity banking
 1389  corporation or trust company, but may not act as a fiduciary.
 1390  Permissible activities include advertising, marketing, and
 1391  soliciting for fiduciary business on behalf of an international
 1392  trust entity banking corporation or trust company; contacting
 1393  existing or potential customers, answering questions, and
 1394  providing information about matters related to their accounts;
 1395  serving as a liaison in this state between the international
 1396  trust entity banking corporation or trust company and its
 1397  existing or potential customers; and engaging in any other
 1398  activities approved by the office or under rules of the
 1399  commission.
 1400         (2) Representatives and employees at such office may not
 1401  act as a fiduciary, including, but not limited to, accepting the
 1402  fiduciary appointment, executing the fiduciary documents that
 1403  create the fiduciary relationship, or making discretionary
 1404  decisions regarding the investment or distribution of fiduciary
 1405  accounts, or accepting custody of any trust property or any
 1406  other good, asset, or thing of value on behalf of the affiliated
 1407  international trust entity, its subsidiaries or affiliates, or
 1408  subsidiaries and affiliates of the international trust company
 1409  representative office.
 1410         (3)An international trust company representative office
 1411  licensed by the office may engage in any activities permissible
 1412  for a limited service affiliate under part IV of this chapter.
 1413         Section 32. Section 663.410, Florida Statutes, is created
 1414  to read:
 1415         663.410Certification of capital accounts.—Before opening
 1416  an office in this state, and annually thereafter so long as an
 1417  international trust company representative office is maintained
 1418  in this state, an international trust entity licensed pursuant
 1419  to this part must certify to the office the amount of its
 1420  capital accounts, expressed in the currency of the home
 1421  jurisdiction where it has been authorized by charter, license,
 1422  or similar authorization by operation of law to carry on trust
 1423  business. The dollar equivalent of these amounts, as determined
 1424  by the office, is deemed to be the amount of its capital
 1425  accounts. The annual certification of capital accounts must be
 1426  received by the office on or before June 30 of each year.
 1427         Section 33. Section 663.411, Florida Statutes, is created
 1428  to read:
 1429         663.411Reports; records.—
 1430         (1)An international trust entity that operates an office
 1431  licensed under this part shall, at such times and in such form
 1432  as the commission prescribes, make written reports in the
 1433  English language to the office, under the oath of one of its
 1434  officers, managers, or agents transacting business in this
 1435  state, showing the amount of its assets and liabilities and
 1436  containing such other matters as the commission or office
 1437  requires. An international trust entity that maintains two or
 1438  more representative offices may consolidate such information in
 1439  one report unless the office requires otherwise for purposes of
 1440  its supervision of the condition and operations of each such
 1441  office. The late filing of such reports is subject to an
 1442  administrative fine as prescribed under s. 655.045(2). If the
 1443  international trust entity fails to make such report as directed
 1444  by the office or if such report contains a false statement
 1445  knowingly made, the same are grounds for revocation of the
 1446  license of the international trust entity.
 1447         (2)An international trust entity that operates an office
 1448  licensed under this part shall cause to be kept, at a location
 1449  accepted by the office:
 1450         (a)Correct and complete books and records of account of
 1451  the business operations transacted by such office. All policies
 1452  and procedures relating specifically to the operations of such
 1453  office, as well as any existing general ledger or subsidiary
 1454  accounts, must be maintained in the English language; however,
 1455  any policies and procedures of the international trust entity
 1456  which are not specific to the operations of such office may be
 1457  maintained in a language other than English.
 1458         (b)Current copies of the charter or statement of operation
 1459  and bylaws of the international trust entity, relative to the
 1460  operations of the international trust company representative
 1461  office, and minutes of the proceedings of its directors,
 1462  officers, or committees relative to the business of the
 1463  international trust company representative office. Such records
 1464  may be maintained in a language other than English and must be
 1465  kept pursuant to s. 655.91 and be made available to the office,
 1466  upon request, at any time during regular business hours of the
 1467  international trust company representative office.
 1468         (3)Any failure to keep such records as required in
 1469  subsection (2) or any refusal to produce such records upon
 1470  request by the office is grounds for suspension or revocation of
 1471  any license issued under this part.
 1472         (4)The office may require at any time that any document
 1473  not written in the English language which the office deems
 1474  necessary for the purposes of its regulatory and supervisory
 1475  functions be translated into English at the expense of the
 1476  international trust entity.
 1477         Section 34. Section 663.412, Florida Statutes, is created
 1478  to read:
 1479         663.412Termination of international trust entity’s charter
 1480  or authority.—
 1481         (1)(a)An international trust entity that is licensed to
 1482  maintain an office in this state may not continue to conduct its
 1483  licensed business in this state if the international trust
 1484  entity:
 1485         1.Is dissolved, or its authority or existence is otherwise
 1486  terminated or canceled in the home jurisdiction where it has
 1487  been authorized by charter, license, or similar authorization by
 1488  operation of law to carry on trust business;
 1489         2.Is in bankruptcy, conservatorship, receivership,
 1490  liquidation, or similar status under the laws of any country; or
 1491         3.Is operating under the direct control of the government
 1492  or the regulatory or supervisory authority of the jurisdiction
 1493  where it has been authorized by charter, license, or similar
 1494  authorization by operation of law to carry on trust business
 1495  through government intervention or any other extraordinary
 1496  actions.
 1497         (b)1.Notwithstanding subparagraphs (a)2. and 3., the
 1498  office may permit an international trust company representative
 1499  office to remain open and in operation under the following
 1500  conditions:
 1501         a.Within 30 days after the occurrence of an event
 1502  described in subparagraph (a)2. or subparagraph (a)3., the
 1503  international trust company representative office provides the
 1504  office with a plan to wind down its affairs and business within
 1505  the subsequent 90 days or provides an interim operational plan
 1506  outlining parameters for its continued operation. If the office
 1507  finds that such interim operational plan does not allow for the
 1508  conduct of business in a safe and sound manner, the office shall
 1509  revoke the license.
 1510         b.The international trust entity is authorized by the
 1511  foreign country in which it is organized and licensed to address
 1512  the affairs of any international trust company representative
 1513  office in this state.
 1514         c.The international trust company representative office
 1515  does not engage in any new lines of business or otherwise expand
 1516  its activities in this state.
 1517         d.The office determines that allowing the international
 1518  trust company representative office to remain open furthers
 1519  domestic and foreign supervisory cooperation.
 1520         e.The office determines that allowing the international
 1521  trust company representative office to remain open is in the
 1522  public’s interest and does not present an immediate or serious
 1523  danger to the public health, safety, or welfare.
 1524         2.The commission may establish, by rule, additional
 1525  standards and conditions for approval of an interim operational
 1526  plan and for ongoing compliance with the plan. Such standards
 1527  and conditions shall be based upon the need for cooperative
 1528  supervisory efforts, consistent regulatory oversight, and the
 1529  orderly administration of the international trust entity’s
 1530  affairs.
 1531         3.After the resolution of all applicable events described
 1532  in subparagraphs (a)2. and 3., if an international trust entity
 1533  is no longer authorized by the foreign country in which it is
 1534  organized and supervised to conduct trust business, the
 1535  international trust company representative office shall
 1536  surrender its license in accordance with s. 663.408.
 1537         (2)The international trust entity or its surviving
 1538  officers and directors shall deliver to the office:
 1539         (a)A certificate of the official who is responsible for
 1540  records of trust entities in the jurisdiction where the
 1541  international trust entity has been authorized by charter,
 1542  license, or similar authorization by operation of law to carry
 1543  on trust business of the international trust entity, attesting
 1544  to the occurrence of any event described in paragraph (1)(a);
 1545         (b)A certified copy of an order or decree of a court of
 1546  such jurisdiction, directing the dissolution of such
 1547  international trust entity, the termination of its existence, or
 1548  the cancellation of its authority, or declaring its status in
 1549  bankruptcy, conservatorship, receivership, liquidation, or
 1550  similar proceedings; or
 1551         (c)Other reliable documentation evidencing that the
 1552  international trust entity is operating under the direct control
 1553  of its government or a regulatory or supervisory authority.
 1554         (3)The filing of the certificate, order, documentation, or
 1555  decree has the same effect as the revocation of the license of
 1556  such international trust entity as provided in s. 663.408,
 1557  unless the office has permitted the international trust company
 1558  representative office to remain open and in operation pursuant
 1559  to paragraph (1)(b).
 1560         Section 35. Section 663.413, Florida Statutes, is created
 1561  to read:
 1562         663.413Application and examination fees.—
 1563         (1)An application for a license to establish an
 1564  international trust company representative office under this
 1565  part must be accompanied by a nonrefundable $5,000 filing fee,
 1566  payable to the office.
 1567         (2)An international trust entity that maintains an office
 1568  licensed under this part must pay to the office examination fees
 1569  that are determined by the commission by rule and that are
 1570  calculated in a manner so as to be equal to the actual cost of
 1571  each examiner’s participation in the examination, as measured by
 1572  the examiner’s pay scale, plus any other expenses directly
 1573  incurred in the examination. However, the examination fees may
 1574  not be less than $200 per day for each examiner participating in
 1575  the examination.
 1576         Section 36. Section 663.414, Florida Statutes, is created
 1577  to read:
 1578         663.414Rules; exemption from statement of estimated
 1579  regulatory costs requirements.—In addition to any other
 1580  rulemaking authority it has under the financial institutions
 1581  codes, the commission may adopt reasonable rules that it deems
 1582  advisable for the administration of international trust entities
 1583  under this part in the interest of protecting depositors,
 1584  creditors, borrowers, or the public interest and in the interest
 1585  of maintaining a sound banking and trust system in this state.
 1586  Because of the difficulty in obtaining economic data with regard
 1587  to such trusts, ss. 120.54(3)(b) and 120.541 do not apply to the
 1588  adoption of rules pursuant to this section.
 1589         Section 37. Section 663.415, Florida Statutes, is created
 1590  to read:
 1591         663.415Travel expenses.—If domestic or foreign travel is
 1592  deemed necessary by the office to effectuate the purposes of
 1593  this part, the office must be reimbursed for actual, reasonable,
 1594  and necessary expenses incurred in such domestic or foreign
 1595  travel by the international trust company representative office
 1596  under examination.
 1597         Section 38. The Division of Law Revision and Information is
 1598  directed to create part IV of chapter 663, Florida Statutes,
 1599  consisting of ss. 663.530-663.540, Florida Statutes, to be
 1600  entitled “Limited Service Affiliates of International Trust
 1601  Entities.”
 1602         Section 39. Section 663.530, Florida Statutes, is created
 1603  to read:
 1604         663.530Definitions.—
 1605         (1)As used in ss. 663.531-663.539, the term:
 1606         (a)“Foreign country” means a country other than the United
 1607  States and includes any colony, dependency, or possession of
 1608  such country notwithstanding any definitions in chapter 658, and
 1609  any territory of the United States, including Guam, American
 1610  Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico.
 1611         (b)“Home-country regulator” means the supervisory
 1612  authority or equivalent or other similarly sanctioned body,
 1613  organization, governmental entity, or recognized authority,
 1614  which has similar responsibilities in a foreign country in which
 1615  and by whom an international trust entity is licensed,
 1616  chartered, or has similar authorization to organize and operate.
 1617         (c)“International trust entity” means an international
 1618  trust company or organization, or any similar business entity,
 1619  or an affiliated or subsidiary entity that is licensed,
 1620  chartered, or similarly permitted to conduct trust business in a
 1621  foreign country or countries under the laws where such entity is
 1622  organized and supervised.
 1623         (d)“Limited service affiliate” means a marketing and
 1624  liaison office that engages in the permissible activities
 1625  enumerated in s. 663.531 for the benefit of an international
 1626  trust entity.
 1627         (e)“Nonresident” has the same meaning as in s. 663.01.
 1628         (f)“Professional” means an accountant, attorney, or other
 1629  financial services and wealth planning professional who is
 1630  licensed by a governing body or affiliated with a licensed,
 1631  chartered, or similarly authorized entity.
 1632         (g)“Registrant” means a person or entity that is
 1633  registered to perform the permissible activities outlined in s.
 1634  663.531 related to or for the benefit of an affiliated
 1635  international trust entity.
 1636         (2)As used in ss. 663.531-663.539, the terms “affiliate,”
 1637  “commission,” “executive officer,” “financial institution,”
 1638  “financial institution-affiliated party,” “financial
 1639  institutions codes,” “office,” “officer,” “state,” and
 1640  “subsidiary” have the same meaning as provided in s. 655.005.
 1641         Section 40. Section 663.531, Florida Statutes, is created
 1642  to read:
 1643         663.531Permissible activities; prohibited activities.—
 1644         (1)Registration as a limited service affiliate under this
 1645  part does not provide any exemption from licensure,
 1646  registration, application, and requirements to conduct licensed
 1647  business activities in this state. A limited service affiliate
 1648  may engage in any of the following permissible activities, which
 1649  are not meant to be restrictive unless an activity is prohibited
 1650  under subsection (2):
 1651         (a)Marketing and liaison services related to or for the
 1652  benefit of the affiliated international trust entities, directed
 1653  exclusively at professionals and current or prospective
 1654  nonresident clients of an affiliated international trust entity;
 1655         (b)Advertising and marketing at trade, industry, or
 1656  professional events;
 1657         (c)Transmission of documents between the international
 1658  trust entity and its current or prospective clients or a
 1659  designee of such clients; and
 1660         (d)Transmission of information about the trust or trust
 1661  holdings of current clients between current clients or their
 1662  designees and the international trust entity.
 1663         (2)A limited service affiliate may not engage in any of
 1664  the following activities:
 1665         (a)Advertising and marketing related to or for the benefit
 1666  of the international trust entity which are directed to the
 1667  general public;
 1668         (b)Acting as a fiduciary, including, but not limited to,
 1669  accepting the fiduciary appointment, executing the fiduciary
 1670  documents that create the fiduciary relationship, or making
 1671  discretionary decisions regarding the investment or distribution
 1672  of fiduciary accounts;
 1673         (c)Accepting custody of any trust property or any other
 1674  good, asset, or thing of value on behalf of the affiliated
 1675  international trust entity, its subsidiaries or affiliates, or
 1676  subsidiaries and affiliates of the limited service affiliate;
 1677         (d)Soliciting business within this state from the general
 1678  public related to or for the benefit of an affiliated
 1679  international trust entity;
 1680         (e)Adding a director, an executive officer, a principal
 1681  shareholder, a manager, a managing member, or an equivalent
 1682  position to the limited service affiliate without prior written
 1683  notification to the office;
 1684         (f)Commencing services for an international trust entity
 1685  without complying with the requirements of s. 663.532;
 1686         (g)Providing services for any international trust entity
 1687  that is in bankruptcy, conservatorship, receivership,
 1688  liquidation, or a similar status under the laws of any country;
 1689  or
 1690         (h)Otherwise conducting banking or trust business.
 1691         (3)The provisions of subsection (2) are not deemed to
 1692  prevent the limited service affiliate’s use of an international
 1693  trust entity’s website, or its own website, if the posted
 1694  information or communication includes the following:
 1695         (a)The following statement: “Certain described services
 1696  are not offered to the general public in Florida, but are
 1697  marketed by ...(insert name of limited service affiliate)...
 1698  exclusively to professionals and current or prospective non-U.S.
 1699  resident clients of the affiliated international trust entity or
 1700  entities.”
 1701         (b)The notice required by s. 663.535.
 1702         (4)In addition to any other power conferred upon it to
 1703  enforce and administer this chapter and the financial
 1704  institutions codes, the office may impose any remedy or penalty
 1705  pursuant to s. 655.033, relating to cease and desist orders; s.
 1706  655.034, relating to injunctions; s. 655.037, relating to
 1707  removal of a financial institution-affiliated party by the
 1708  office; or s. 655.041, relating to administrative fines and
 1709  enforcement, if a limited service affiliate engages in any of
 1710  the impermissible activities in subsection (2).
 1711         Section 41. Effective upon this act becoming a law, section
 1712  663.532, Florida Statutes, is created to read:
 1713         663.532Registration.—No later than March 31, 2018, a
 1714  person or entity that previously qualified under the moratorium
 1715  in s. 663.041 must apply for registration as a limited service
 1716  affiliate or cease doing business in this state. Notwithstanding
 1717  the expiration of the moratorium under s. 663.041, a person or
 1718  entity that previously qualified under such moratorium may
 1719  remain open and in operation but shall refrain from engaging in
 1720  new lines of business in this state until the disposition of
 1721  registration as a limited service affiliate.
 1722         Section 42. Section 663.532, Florida Statutes, as created
 1723  by this act, is amended to read:
 1724         663.532 Registration.—
 1725         (1)To register as a limited service affiliate, a proposed
 1726  registrant must file a written notice with the office, in the
 1727  manner and on a form prescribed by the commission, together with
 1728  a nonrefundable $2,500 registration fee. Such written notice
 1729  must include:
 1730         (a)The name under which the proposed registrant will
 1731  conduct business in this state.
 1732         (b)A copy of the articles of incorporation or articles of
 1733  organization, or the equivalent, of the proposed registrant.
 1734         (c)The physical address where the proposed registrant will
 1735  conduct business.
 1736         (d)The mailing address of the proposed registrant.
 1737         (e)The name and biographical information of each director,
 1738  executive officer, manager, managing member, or equivalent
 1739  position of the proposed registrant, to be submitted on a form
 1740  prescribed by the commission.
 1741         (f)The number of officers and employees of the proposed
 1742  registrant.
 1743         (g)A detailed list and description of the activities to be
 1744  conducted by the proposed registrant. The detailed list and
 1745  description must include:
 1746         1.The services and activities of the proposed registrant;
 1747         2.An explanation of how the services and activities of the
 1748  proposed registrant serve the business purpose of each
 1749  international trust entity; and
 1750         3.An explanation of how the services and activities of the
 1751  proposed registrant are distinguishable from those of the
 1752  permissible activities of an international trust company
 1753  representative office described under s. 663.409.
 1754         (h)Disclosure of any instance occurring within the prior
 1755  10 years of a limited service affiliate’s director, executive
 1756  officer, principal shareholder, manager, managing member, or
 1757  equivalent position who was:
 1758         1.Arrested for, charged with, or convicted of, or who pled
 1759  guilty or nolo contendere to, regardless of adjudication, any
 1760  offense that is punishable by imprisonment for a term exceeding
 1761  1 year, or to any offense that involves money laundering,
 1762  currency transaction reporting, tax evasion, facilitating or
 1763  furthering terrorism, fraud, theft, larceny, embezzlement,
 1764  fraudulent conversion, misappropriation of property, dishonesty,
 1765  breach of trust, breach of fiduciary duty, or moral turpitude,
 1766  or that is otherwise related to the operation of a financial
 1767  institution;
 1768         2.Fined or sanctioned as a result of a complaint to the
 1769  office or any other state or federal regulatory agency; or
 1770         3.Ordered to pay a fine or penalty in a proceeding
 1771  initiated by a federal, state, foreign, or local law enforcement
 1772  agency or an international agency related to money laundering,
 1773  currency transaction reporting, tax evasion, facilitating or
 1774  furthering terrorism, fraud, theft, larceny, embezzlement,
 1775  fraudulent conversion, misappropriation of property, dishonesty,
 1776  breach of trust, breach of fiduciary duty, or moral turpitude,
 1777  or that is otherwise related to the operation of a financial
 1778  institution.
 1779         (i)A declaration under penalty of perjury signed by the
 1780  executive officer, manager, or managing member of the proposed
 1781  registrant that, to the best of his or her knowledge:
 1782         1.No employee, representative, or agent provides, or will
 1783  provide, banking services; promotes or sells, or will promote or
 1784  sell, investments; or accepts, or will accept, custody of
 1785  assets.
 1786         2.No employee, representative, or agent acts, or will act,
 1787  as a fiduciary in this state, which includes, but is not limited
 1788  to, accepting the fiduciary appointment, executing the fiduciary
 1789  documents that create the fiduciary relationship, or making
 1790  discretionary decisions regarding the investment or distribution
 1791  of fiduciary accounts.
 1792         3.The jurisdiction of the international trust entity or
 1793  its offices, subsidiaries, or any affiliates that are directly
 1794  involved in or facilitate the financial services functions,
 1795  banking, or fiduciary activities of the international trust
 1796  entity is not listed on the Financial Action Task Force Public
 1797  Statement or on its list of jurisdictions with deficiencies in
 1798  anti-money laundering or counterterrorism.
 1799         (j)For each international trust entity that the proposed
 1800  registrant will provide services for in this state, the
 1801  following:
 1802         1.The name of the international trust entity;
 1803         2.A list of the current officers and directors of the
 1804  international trust entity;
 1805         3.Any country where the international trust entity is
 1806  organized or authorized to do business;
 1807         4.The name of the home-country regulator;
 1808         5.Proof that the international trust entity has been
 1809  authorized by charter, license, or similar authorization by its
 1810  home-country regulator to engage in trust business;
 1811         6.Proof that the international trust entity lawfully
 1812  exists and is in good standing under the laws of the
 1813  jurisdiction where it is chartered, licensed, or organized;
 1814         7.A statement that the international trust entity is not
 1815  in bankruptcy, conservatorship, receivership, liquidation, or in
 1816  a similar status under the laws of any country;
 1817         8.Proof that the international trust entity is not
 1818  operating under the direct control of the government or the
 1819  regulatory or supervisory authority of the jurisdiction of its
 1820  incorporation, through government intervention or any other
 1821  extraordinary actions, and confirmation that it has not been in
 1822  such a status or under such control at any time within the prior
 1823  3 years;
 1824         9.Proof and confirmation that the proposed registrant is
 1825  affiliated with the international trust entities provided in the
 1826  notice; and
 1827         10.Proof that the jurisdictions where the international
 1828  trust entity or its offices, subsidiaries, or any affiliates
 1829  that are directly involved in or that facilitate the financial
 1830  services functions, banking, or fiduciary activities of the
 1831  international trust entity are not listed on the Financial
 1832  Action Task Force Public Statement or on its list of
 1833  jurisdictions with deficiencies in anti-money laundering or
 1834  counterterrorism.
 1835         (k)A declaration under penalty of perjury, signed by an
 1836  executive officer, manager, or managing member of each
 1837  affiliated international trust entity, declaring that the
 1838  information provided to the office is true and correct to the
 1839  best of his or her knowledge.
 1840  
 1841  The proposed registrant may provide additional information in
 1842  the form of exhibits when attempting to satisfy any of the
 1843  registration requirements. All information that the proposed
 1844  registrant desires to present to support the written notice must
 1845  be submitted with the notice.
 1846         (2)The office may request additional information as the
 1847  office reasonably requires. Any request for additional
 1848  information must be made by the office within 30 days after
 1849  initial receipt of the written notice and the full amount of the
 1850  fee specified in subsection (1). Additional information must be
 1851  submitted within 60 days after a request has been made by the
 1852  office. Failure to respond to such request within 60 days after
 1853  the date of the request is a ground for denial of the
 1854  registration. A notice is not deemed complete until all
 1855  requested information has been submitted to the office. Upon
 1856  deeming the notice complete, the office has 120 days to register
 1857  the limited service affiliate or issue a denial. An order
 1858  denying a registration must contain notice of opportunity for a
 1859  hearing pursuant to ss. 120.569 and 120.57.
 1860         (3)A registration under this part must be summarily
 1861  suspended by the office if the limited service affiliate made a
 1862  material false statement in the written notice. The summary
 1863  suspension must remain in effect until a final order is entered
 1864  by the office. For purposes of s. 120.60(6), a material false
 1865  statement made in the limited service affiliate’s written notice
 1866  constitutes an immediate and serious danger to the public
 1867  health, safety, and welfare. If a limited service affiliate made
 1868  a material false statement in the written notice, the office
 1869  must enter a final order revoking the registration and may issue
 1870  a fine as prescribed by s. 655.041 or issue an order of
 1871  suspension, removal, or prohibition under s. 655.037 to a
 1872  financial institution-affiliated party of the limited service
 1873  affiliate.
 1874         (4)Upon the filing of a completed registration notice
 1875  under this section, the office shall make investigation of the
 1876  character, reputation, business experience, and business
 1877  qualifications of the limited service affiliate’s proposed
 1878  directors, executive officers, principal shareholder, managers,
 1879  managing members, or equivalent positions. The office shall
 1880  approve the application only if it has determined that such
 1881  persons are qualified by reason of their ability, reputation,
 1882  and integrity and have sufficient experience to manage and
 1883  direct the affairs of the limited service affiliate in a lawful
 1884  manner and in accordance with the requirements for obtaining and
 1885  maintaining a registration under this part. When evaluating a
 1886  registration notice, the office may consider factors reasonably
 1887  related to an offense or related to a violation, fine, or
 1888  penalty, such as mitigating factors, history of multiple
 1889  violations, severity of the offense, and showings of
 1890  rehabilitation.
 1891         (5)A registration is not transferable or assignable.
 1892         (6)Fees collected under this section must be submitted in
 1893  the manner prescribed by the commission and must be deposited
 1894  into the Financial Institutions’ Regulatory Trust Fund pursuant
 1895  to s. 655.049 for the purpose of administering this part.
 1896         (7)A person or entity in operation as of January 1, 2018,
 1897  which meets the definition of a limited service affiliate under
 1898  s. 663.530 must, on or before March 31, 2018, apply for
 1899  registration as a limited service affiliate or cease doing
 1900  business in this state.
 1901         (8) No later than March 31, 2018, a person or entity that
 1902  previously qualified under the moratorium in s. 663.041 must
 1903  apply for registration as a limited service affiliate or cease
 1904  doing business in this state. Notwithstanding the expiration of
 1905  the moratorium under s. 663.041, a person or entity that
 1906  previously qualified under such moratorium may remain open and
 1907  in operation but shall refrain from engaging in new lines of
 1908  business in this state until the disposition of registration as
 1909  a limited service affiliate.
 1910         Section 43. Section 663.5325, Florida Statutes, is created
 1911  to read:
 1912         663.5325Civil action subpoena enforcement.—
 1913         (1)Notwithstanding s. 655.059, a limited service affiliate
 1914  established under this chapter is not required to produce a book
 1915  or record pertaining to a customer of an affiliated
 1916  international trust entity that is located outside the United
 1917  States or its territories in response to a subpoena if the book
 1918  or record is maintained outside the United States or its
 1919  territories and is not in the possession, custody, or control of
 1920  the limited service affiliate.
 1921         (2)This section applies only to a subpoena issued pursuant
 1922  to the Florida Rules of Civil Procedure, the Federal Rules of
 1923  Civil Procedure, or other similar law or rule of civil procedure
 1924  in another state or territory of the United States. This section
 1925  does not apply to a subpoena issued by or on behalf of a
 1926  federal, state, or local government law enforcement agency,
 1927  administrative or regulatory agency, legislative body, or grand
 1928  jury and does not limit the power of the office to access all
 1929  books and records in the exercise of the office’s regulatory and
 1930  supervisory powers under the financial institutions codes.
 1931         Section 44. Section 663.533, Florida Statutes, is created
 1932  to read:
 1933         663.533Applicability of the financial institutions codes.
 1934  A limited service affiliate is subject to the financial
 1935  institutions codes. Without limiting the foregoing, the
 1936  following provisions are applicable to a limited service
 1937  affiliate:
 1938         (1)Section 655.012, relating to general supervisory powers
 1939  of the office.
 1940         (2)Section 655.031, relating to administrative enforcement
 1941  guidelines.
 1942         (3)Section 655.032, relating to investigations, subpoenas,
 1943  hearings, and witnesses.
 1944         (4)Section 655.0321, relating to restricted access to
 1945  certain hearings, proceedings, and related documents.
 1946         (5)Section 655.033, relating to cease and desist orders.
 1947         (6)Section 655.034, relating to injunctions.
 1948         (7)Section 655.037, relating to removal of a financial
 1949  institution-affiliated party by the office.
 1950         (8)Section 655.041, relating to administrative fines and
 1951  enforcement.
 1952         (9)Section 655.057, relating to restrictions on access to
 1953  public records.
 1954         (10)Section 655.059, relating to access to books and
 1955  records.
 1956         (11)Section 655.0591, relating to trade secret documents.
 1957         (12)Section 655.91, relating to records of institutions
 1958  and copies thereof; retention and destruction.
 1959         (13)Section 655.968, relating to financial institutions;
 1960  transactions relating to Iran or terrorism.
 1961  
 1962  This section does not prohibit the office from investigating or
 1963  examining an entity to ensure that it is not in violation of
 1964  this chapter or applicable provisions of the financial
 1965  institutions codes.
 1966         Section 45. Section 663.534, Florida Statutes, is created
 1967  to read:
 1968         663.534Events that require notice to be provided to the
 1969  office.—A registrant must report to the office, within 15 days
 1970  of its knowledge of the occurrence, any changes to the
 1971  information previously relied upon by the office when
 1972  registering or renewing a registration under this part.
 1973         Section 46. Section 663.535, Florida Statutes, is created
 1974  to read:
 1975         663.535Notice to customers.—All marketing documents and
 1976  advertisements and any display at the location of the limited
 1977  service affiliate or at any trade or marketing event must
 1978  contain the following statement in a contrasting color in at
 1979  least 10-point type: “The Florida Office of Financial Regulation
 1980  DOES NOT provide safety and soundness oversight of this company,
 1981  does not provide any opinion as to any affiliated companies or
 1982  products, and does not provide the oversight of this company’s
 1983  affiliated international trust entities or the jurisdictions
 1984  within which they operate. This company may not act as a
 1985  fiduciary and may not accept the fiduciary appointment, execute
 1986  or transmit fiduciary documents, take possession of any assets,
 1987  create a fiduciary relationship, make discretionary decisions
 1988  regarding the investment or distribution of fiduciary accounts,
 1989  provide banking services, or promote or sell investments.”
 1990         Section 47. Section 663.536, Florida Statutes, is created
 1991  to read:
 1992         663.536Recordkeeping requirements for trade, industry, or
 1993  professional events.—A registrant registered only under this
 1994  part who participates in a trade, industry, or professional
 1995  event pursuant to s. 663.531 must keep a record of its
 1996  participation in the event. The record must be maintained for at
 1997  least 2 years following the event and must contain the following
 1998  information:
 1999         (1)The date, time, and location of the event;
 2000         (2)To the extent known or available, a list of
 2001  participants in the event, including other vendors, presenters,
 2002  attendees, and targeted attendees;
 2003         (3)The nature and purpose of the event;
 2004         (4)The registrant’s purpose for participating in the
 2005  event; and
 2006         (5)Samples of materials or, when samples are unavailable,
 2007  descriptions of materials provided by the registrant to
 2008  attendees and other participants.
 2009         Section 48. Section 663.537, Florida Statutes, is created
 2010  to read:
 2011         663.537Examination or investigation of a limited service
 2012  affiliate.—
 2013         (1)The office may conduct an examination or investigation
 2014  of a limited service affiliate at any time that it deems
 2015  necessary to determine whether the limited service affiliate or
 2016  financial institution-affiliated party thereof has violated, or
 2017  is about to violate, any provision of this chapter, any
 2018  applicable provision of the financial institutions codes, or any
 2019  rule adopted by the commission pursuant to this chapter or the
 2020  financial institutions codes. The office shall conduct an
 2021  examination of each limited service affiliate at least once
 2022  every 18 months to assess compliance with this part and the
 2023  financial institutions codes. The office may conduct an
 2024  examination, before or after registration, of any person or
 2025  entity that submits a notice for registration to confirm
 2026  information provided in the registration filing and to confirm
 2027  the activities of the person or entity seeking registration.
 2028         (2)For each examination of a limited service affiliate
 2029  authorized under this part, the limited service affiliate shall
 2030  pay a fee for the costs of the examination by the office. As
 2031  used in this section, the term “costs” means the salary and
 2032  travel expenses of field staff which are directly attributable
 2033  to the examination of the registrant and the travel expenses of
 2034  any supervisory and support staff required as a result of
 2035  examination findings. The costs of examination must be
 2036  determined as follows:
 2037         (a)The office shall charge each limited service affiliate
 2038  in this state an examination fee equal to the actual cost of
 2039  each examiner’s participation during each examination of such
 2040  limited service affiliate. The examination fee must equal the
 2041  actual cost of the examination, but such fees, inclusive of
 2042  travel expenses and other incidental expenses, may not be less
 2043  than $200 per day for each examiner participating in the
 2044  examination.
 2045         (b)As used in this section, the term “actual cost” means
 2046  the direct salary, excluding employee benefits; travel expenses;
 2047  and other incidental expenses required as a result of the
 2048  examination staff’s onsite and offsite examination of the
 2049  limited service affiliate. In addition, the term includes the
 2050  travel expenses of any supervisory staff required as a result of
 2051  examination findings.
 2052         (3)All examination fee payments must be received within 30
 2053  days after receipt of an invoice from the office and must be
 2054  submitted in a manner prescribed by the commission. The office
 2055  may levy a late fee of up to $100 per day that a payment is
 2056  overdue, unless waived by the office for good cause. However, if
 2057  the late payment of costs is intentional, the office may levy an
 2058  administrative fine of up to $1,000 per day for each day the
 2059  payment is overdue.
 2060         (4)All fees collected under this section must be submitted
 2061  in the manner prescribed by the commission and must be deposited
 2062  into the Financial Institutions’ Regulatory Trust Fund pursuant
 2063  to s. 655.049 for the purpose of administering this part.
 2064         Section 49. Section 663.538, Florida Statutes, is created
 2065  to read:
 2066         663.538Suspension, revocation, or voluntary surrender of
 2067  registration.—
 2068         (1)A registrant that proposes to terminate operations in
 2069  this state shall surrender its registration to the office and
 2070  comply with such procedures as required by rule of the
 2071  commission.
 2072         (2)A registrant that fails to renew its registration may
 2073  be subject to a fine and penalty; however, such registrant may
 2074  renew its registration within 30 days after expiration or may
 2075  surrender the registration in accordance with procedures
 2076  prescribed by commission rule.
 2077         (3)The registration of a limited service affiliate in this
 2078  state may be suspended or revoked by the office, with or without
 2079  examination, upon the office’s determination that the registrant
 2080  does not meet all requirements for original or renewal
 2081  registration.
 2082         (4)If a registrant surrenders its registration or its
 2083  registration is suspended or revoked by the office, all rights
 2084  and privileges afforded by this part to the registered limited
 2085  service affiliate cease.
 2086         (5)At least 60 days before a proposed date of voluntary
 2087  termination of a registration, a registrant must provide to the
 2088  office written notice by letter of its intention to surrender
 2089  its registration and terminate operations. The notice must
 2090  include the proposed date of termination and the name of the
 2091  officer in charge of the termination procedures.
 2092         (6)The office may conduct an examination of the books and
 2093  records of a limited service affiliate at any time after receipt
 2094  of the notice of surrender of registration to confirm the
 2095  winding down of operations.
 2096         (7)Operations of a registrant are deemed terminated
 2097  effective upon the later of the expiration of 60 days from the
 2098  date of the filing of the notice of voluntary surrender or upon
 2099  the date provided in the notice of voluntary surrender, unless
 2100  the office provides written notice specifying the grounds for
 2101  denial of such proposed termination. The office may not deny a
 2102  request to terminate unless it learns of the existence of any
 2103  outstanding claim or claims against the registrant, it finds
 2104  that the requirements to terminate operations have not been
 2105  satisfied, or there is an immediate and serious danger to the
 2106  public health, safety, and welfare if the termination occurred.
 2107         Section 50. Section 663.539, Florida Statutes, is created
 2108  to read:
 2109         663.539Biennial registration renewal.—A registration must
 2110  be renewed every 2 years. A registration must be renewed by
 2111  furnishing such information as the commission requires, together
 2112  with payment of a $500 nonrefundable renewal fee. All fees
 2113  received by the office pursuant to this section must be
 2114  submitted in the manner prescribed by the commission and must be
 2115  deposited into the Financial Institutions’ Regulatory Trust Fund
 2116  pursuant to s. 655.049 for the purpose of administering this
 2117  part. A complete biennial renewal of registration must include a
 2118  declaration under penalty of perjury, signed by the executive
 2119  officer or managing member of the registrant, declaring that the
 2120  information submitted for the purposes of renewal is true and
 2121  correct to the best of his or her knowledge, and confirming or
 2122  providing all of the following:
 2123         (1)That the registrant is in compliance with this part.
 2124         (2)The physical location of the principal place of
 2125  business of the registrant.
 2126         (3)The telephone number of the registrant.
 2127         (4)A list of the registrant’s current directors, executive
 2128  officers, principal shareholder, managers, managing members, or
 2129  equivalent positions.
 2130         (5)Any updates or changes in information which were not
 2131  previously provided either in the initial registration or in
 2132  subsequent registration renewals or which were not previously
 2133  disclosed to the office.
 2134         Section 51. For the purpose of incorporating the amendment
 2135  made by this act to section 663.01, Florida Statutes, in a
 2136  reference thereto, subsection (4) of section 663.16, Florida
 2137  Statutes, is reenacted to read:
 2138         663.16 Definitions; ss. 663.17-663.181.—As used in ss.
 2139  663.17-663.181, the term:
 2140         (4) Except where the context otherwise requires,
 2141  “international banking corporation” or “corporation” has the
 2142  same meaning as that provided in s. 663.01 and includes any
 2143  licensed office of an international banking corporation
 2144  operating in this state.
 2145         Section 52. Except as otherwise expressly provided in this
 2146  act and except for this section, which shall take effect upon
 2147  this act becoming a law, this act shall take effect January 1,
 2148  2018.