Senate Bill sb1260

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    Florida Senate - 2001                                  SB 1260

    By Senator King





    8-294B-01                                           See HB 521

  1                      A bill to be entitled

  2         An act relating to financial institutions;

  3         amending ss. 655.043, 655.411, and 658.23,

  4         F.S.; deleting provisions relating to

  5         reservation of proposed names of financial

  6         entities with the Department of State;

  7         providing legislative intent; specifying

  8         certain deposits as pay-on-death designated

  9         accounts under certain circumstances; amending

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

11         provisions relating to reports by financial

12         institutions for money laundering purposes;

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

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

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

16         banker's bank; providing application; amending

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

18         resubmission of certain applications under

19         certain circumstances; amending s. 658.21,

20         F.S.; revising application approval criteria

21         relating to limitations on certain capital

22         accounts and experience of certain officers;

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

24         requirement for subscriptions for stock;

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

26         trust company opening for business date

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

28         provisions relating to branch places of

29         transacting business; revising certain

30         operational characteristics; renumbering s.

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

  2         issuance of authorized but unissued bank or

  3         trust company capital stock; amending s.

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

  5         assessments provisions; imposing an additional

  6         fee for certain certificates; amending s.

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

  8         provision for certain late audits; repealing s.

  9         655.81, F.S., relating to deposits in trust;

10         providing effective dates.

11  

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

13  

14         Section 1.  Section 655.043, Florida Statutes, is

15  amended to read:

16         655.043  Articles of incorporation; amendments;

17  approval.--

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

19  amend its articles of incorporation without the written

20  approval of the department.

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

22  the articles of incorporation which requests a change in name

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

24  that the proposed new name has been reserved with the

25  Department of State.

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

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

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

29  Legislature that the provisions of section 655.82, Florida

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

31  References to section 655.81, Florida Statutes, in any

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  depository agreement shall be interpreted after the effective

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

  3  Statutes.

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

  5  shall apply to deposits made to a depository account created

  6  after December 31, 1994.

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

  8  655.411, Florida Statutes, is amended to read:

  9         655.411  Conversion of charter.--

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

11  for permission to convert its charter without a change of

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

13  as another type of financial entity in accordance with the

14  following procedures:

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

16  that:

17         1.  The resulting financial entity would have an

18  adequate capital structure with regard to its activities and

19  its deposit liabilities.

20         2.  The proposed conversion would not cause a

21  substantially adverse effect on the financial condition of any

22  financial entity already established in the primary service

23  area.

24         3.  The officers and directors have sufficient

25  experience, ability, and standing to indicate reasonable

26  promise for successful operation of the resulting financial

27  entity.

28         4.  The proposed name of the resulting financial entity

29  has been reserved with the Department of State.

30         4.5.  The schedule for termination of any nonconforming

31  activities and disposition of any nonconforming assets and

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  liabilities is reasonably prompt, and the plan for such

  2  termination and disposition does not include any unsafe or

  3  unsound practice.

  4         5.6.  None of the officers or directors has been

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

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

  7  Money Laundering in Financial Institutions Act; chapter 896,

  8  relating to offenses related to financial transactions; or any

  9  similar state or federal law.

10  

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

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

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

14  application by any financial entity which is subject to a

15  cease and desist order or other supervisory restriction or

16  order imposed by any state or federal supervisory authority,

17  insurer, or guarantor.

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

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

20  amended to read:

21         655.50  Florida Control of Money Laundering in

22  Financial Institutions Act; reports of transactions involving

23  currency or monetary instruments; when required; purpose;

24  definitions; penalties.--

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

26  institution may exempt from the reporting requirements of this

27  section deposits, withdrawals, exchanges, or payments exempted

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

29  financial institution shall maintain a record of each

30  designation of a person granted exemption under the authority

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  and type of business, taxpayer identification number of the

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

  3  financial institution, account number, and the signature of

  4  the financial institution official designating the exempt

  5  person customer granted the exemption; a written statement

  6  describing in detail the customary conduct of the lawful

  7  business of that customer and the reasons why such customer

  8  qualified for such an exemption; the type of transactions

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

10  Such record of exemptions shall be made available to the

11  department for inspection and copying and shall be submitted

12  to the department within 15 days after request.

13         (8)

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

15  all records of exemption for each designation of exempt person

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

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

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

19  that the customer or the transactions of the customer are the

20  subject of an existing criminal proceeding, the records shall

21  be retained for a minimum of 10 calendar years after

22  termination of exempt status of such customer.

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

24  Statutes, is amended to read:

25         658.12  Definitions.--Subject to other definitions

26  contained in the financial institutions codes and unless the

27  context otherwise requires:

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

29  Federal Deposit Insurance Corporation, or a holding company

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

31  such bank or holding company is owned exclusively by other

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  banks and such bank or holding company and all subsidiaries

  2  thereof are engaged exclusively in providing services for

  3  other financial depository institutions and their officers,

  4  directors, and employees.

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

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

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

  8         658.165  Banker's banks; formation; applicability of

  9  financial institutions codes; exceptions.--

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

11  request of financial institutions in organizations that have:

12         (a)  Received conditional regulatory approval from the

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

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

15  of a national bank.

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

17  658.23 in the case of a state bank, or filed acceptable

18  articles of incorporation and an organization certificate in

19  the case of a national bank.

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

21  the minimum capitalization required in any notice of or order

22  granting conditional regulatory approval.

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

24  organizers of a proposed financial institution that has not

25  received conditional regulatory approval provided that such

26  services are limited to the financing of the expenses of

27  organizing such financial institution and expenses relating to

28  the acquisition or construction of the institution's proposed

29  operating facilities and associated fixtures and equipment.

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

31  Florida Statutes, to read:

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1         658.19  Application for authority to organize a bank or

  2  trust company.--

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

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

  5  of substantial deficiencies and may be resubmitted without

  6  payment of an additional fee if such resubmission takes place

  7  within 60 days after the date the department returns the

  8  application.

  9         Section 8.  Section 658.21, Florida Statutes, is

10  amended to read:

11         658.21  Approval of application; findings

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

13  finds that:

14         (1)  Local conditions indicate reasonable promise of

15  successful operation for the proposed state bank or trust

16  company.  In determining whether an applicant meets the

17  requirements of this subsection, the department shall consider

18  all materially relevant factors, including:

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

20  of the proposed state bank or trust company.

21         (b)  The projected financial performance of the

22  proposed bank or trust company.

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

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

25  respect to asset and liability growth and management.

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

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

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

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

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

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

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

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

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

  5  capital shall be directly owned or controlled by the

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

  7  single-bank holding companies shall have direct ownership or

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

  9  capital accounts. The department may disallow illegally

10  obtained currency, monetary instruments, funds, or other

11  financial resources from the capitalization requirements of

12  this section.

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

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

15  bank or trust company hereafter organized shall establish:

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

17  50 percent of its total capital accounts and.

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

19  20 percent of its paid-in capital.

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

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

22         (4)  The proposed officers have sufficient financial

23  institution experience, ability, standing, and reputation and

24  the proposed directors have sufficient business experience,

25  ability, standing, and reputation to indicate reasonable

26  promise of successful operation, and none of the proposed

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

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

29  the Florida Control of Money Laundering in Financial

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

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

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

  3  direct experience as an executive officer, regulator, or

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

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

  6  the department if the applicant demonstrates that at least one

  7  of the proposed directors director has very substantial

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

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

10  the application, the department may modify the requirement and

11  allow only one director to have direct financial institution

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

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

14  direct experience as an executive officer, director, or

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

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

17  trust company is approved by reserved with the department of

18  State.

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

20  the location in the application.

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

22  Statutes, is amended to read:

23         658.23  Submission of articles of incorporation;

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

25  existence; bylaws.--

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

27  of incorporation without the prior written approval of the

28  department.  The department may not approve any amendment to

29  the articles of incorporation which requests a change in name

30  of the bank or trust company without evidence that the

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

  2  Statutes, is amended to read:

  3         658.235  Subscriptions for stock; approval of major

  4  shareholders.--

  5         (1)  Within 6 months after commencement of corporate

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

  7  of stock, the directors shall have completed the stock

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

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

10  or trust company showing the name and residence of each

11  subscriber and the amount of stock of every class subscribed

12  for by each.

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

14  Statutes, is amended to read:

15         658.25  Opening for business.--

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

17  conduct a general commercial bank or trust business no later

18  than 12 6 months after the commencement of its corporate

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

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

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

22  trust company.

23         Section 12.  Section 658.26, Florida Statutes, is

24  amended to read:

25         658.26  Places of transacting business; branches;

26  facilities.--

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

28  incorporated pursuant to this chapter shall have one main

29  office, which shall be located within the state.

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

31  department and upon such conditions as the department

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  prescribes, any bank or trust company may establish branches

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

  3  department upon a determination that the resulting bank or

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

  5  or trust company incorporated pursuant to this chapter may

  6  establish branches by merger with any other bank or trust

  7  company.

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

  9  not meet the requirements for the branch notification process

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

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

12  department may require to make findings necessary for

13  approval. Applications filed pursuant to this subsection shall

14  not be published in the Florida Administrative Weekly but

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

16  Upon the filing of an application and a nonrefundable filing

17  fee for the establishment of any branch permitted by paragraph

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

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

20  investigate and consider all factors relevant to such

21  requirements, including the following:

22         1.  The sufficiency of capital accounts in relation to

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

24  number and valuation of fiduciary accounts of the trust

25  company, including the proposed branch, and the additional

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

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

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

29  fiduciary accounts;

30         2.  The sufficiency of earnings and earning prospects

31  of the bank or trust company to support the anticipated

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  expenses and any anticipated operating losses of the branch

  2  during its formative or initial years;

  3         3.  The sufficiency and quality of management available

  4  to operate the branch;

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

  6  reasonably identifies the branch as a branch of the main

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

  8         5.  Substantial compliance by the applicants with

  9  applicable law governing their operations.

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

11  prior written approval of the department. An application for

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

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

14  and records as the department may require to make findings

15  necessary for approval.

16         (b)  Applications filed pursuant to this subsection

17  shall not be published in the Florida Administrative Weekly

18  but shall otherwise be subject to the provisions of chapter

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

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

21  shall be published in the Florida Administrative Weekly. Upon

22  the filing of a relocation application and a nonrefundable

23  filing fee, the department shall investigate to determine

24  substantial compliance by the financial institution with

25  applicable law governing its operations. Additional

26  investments in land, buildings, leases, and leasehold

27  improvements resulting from such relocation shall comply with

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

29  not be moved outside this state unless expressly authorized by

30  the financial institutions codes or by federal law.

31  

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

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

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

  4  days after receipt shall be deemed approved unless the

  5  department notifies the financial institution in writing that

  6  the application was not complete.

  7         (d)  In addition to the application required by

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

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

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

11  met.

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

13  branch office may be consolidated with another established

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

15  radius. The notice shall include any information the

16  department may prescribe by rule.

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

18  prior written notice to the department. The notice shall

19  include any information the department may prescribe by rule.

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

21  any bank may operate facilities which are not physically

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

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

24  or branch office or property contiguous thereto. Property

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

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

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

28  to the property of the main or branch office.

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

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

31  

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1  customers.  Armored car services shall not be considered a

  2  branch for the purposes of subsection (2).

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

  4  holding company may agree to receive deposits, renew time

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

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

  7  depository institution.

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

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

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

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

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

13  accounts at an affiliated institution by the agent

14  institution.

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

16  agents for one another regardless of whether the institutions

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

18  applies solely to affiliated depository institutions acting as

19  agents, and has no application to agency relationships

20  concerning nondepositories as agent, whether or not affiliated

21  with the depository institution.

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

23  perform ministerial functions for the principal bank making a

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

25  such activities as providing loan applications, assembling

26  documents, providing a location for returning documents

27  necessary for making the loan, providing loan account

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

29  loan functions as evaluating applications or disbursing loan

30  funds.

31  

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

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

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

  4  received a satisfactory rating at the institution's most

  5  recent state or federal safety and soundness examination, and

  6  is not the object of any enforcement action.

  7         Section 13.  Section 663.066, Florida Statutes, is

  8  transferred and renumbered as section 658.285, Florida

  9  Statutes.

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

11  658.34, Florida Statutes, is amended to read:

12         658.34  Shares of capital stock.--

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

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

15  any of its capital stock authorized by its articles of

16  incorporation. Such authorized but unissued shares may be

17  issued only for the following purposes:

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

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

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

21         Section 15.  Section 658.73, Florida Statutes, is

22  amended to read:

23         658.73  Fees and assessments.--

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

25  to the department examination fees and assessments as follows:

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

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

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

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

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

31  the last business day in June and the last business day in

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

  2  may consider examination fees and application fees received

  3  from banks and trust companies in setting the semiannual

  4  assessment for purposes of meeting the cost of regulation of

  5  banks and trust companies subject to this chapter.

  6         (2)  Applications filed with the department shall be

  7  accompanied by payment of the following nonrefundable fees:

  8         (a)  Fifteen thousand dollars for each application for

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

10         (b)  Two thousand five hundred dollars for each

11  application by an existing bank or association for trust

12  powers.

13         (c)  Seven thousand five hundred dollars for each

14  application for authority to acquire a controlling interest in

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

16  bank or trust company is being acquired in any such

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

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

19  the fee exceed $15,000.

20         (d)  Seven thousand five hundred dollars for each

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

22         (e)  Seven hundred fifty dollars for each application

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

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

25  hundred dollars for each application to establish a branch by

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

27  qualify for the branch notification process.

28         (f)  One thousand five hundred dollars for each

29  application for authority to establish a trust service office

30  of a state trust company or of a trust department of a state

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

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

  2  bank or state association for authority to establish a trust

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

  4  credit union.

  5         (g)  Seven thousand five hundred dollars for each

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

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

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

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

10  $15,000.

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

12  successor institution.

13         (i)  Seven Two hundred fifty dollars for each

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

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

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

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

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

19  its main office.

20         (j)  Two thousand five hundred dollars for each

21  application for the purchase of assets and the assumption of

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

23  applicant will establish more than 10 branch offices within

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

25  additional branch office.

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

27  the department, the department determines that an examination

28  is necessary to assess the financial condition of any

29  financial institution, the applying financial institution

30  shall pay to the department a nonrefundable examination fee,

31  pursuant to s. 655.045(1).

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




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

  2  fee submitted with an application if the application is

  3  withdrawn by the applicant prior to publication in the Florida

  4  Administrative Weekly.

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

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

  7  certifying that a state-chartered financial institution is

  8  licensed to conduct business in this state under the financial

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

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

11  or federal regulatory agency or law enforcement agency.

12         (5)(4)  The amounts of all fees and assessments

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

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

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

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

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

18  Statutes, is amended to read:

19         663.09  Reports; records.--

20         (2)  The international banking corporation of each

21  state-licensed international bank agency or international

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

23  international bank agency or international branch.  The

24  department shall, by rule, prescribe the minimum audit

25  procedures including the audit reporting requirements which

26  would satisfy the provisions of this subsection.  The late

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

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

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

30  Florida Statutes, is repealed.

31  

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    Florida Senate - 2001                                  SB 1260
    8-294B-01                                           See HB 521




  1         Section 18.  Except as otherwise expressly provided in

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

  3  

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  5                       LEGISLATIVE SUMMARY

  6  
      Revises various provisions relating to financial
  7    institutions. (See bill for details.)

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CODING: Words stricken are deletions; words underlined are additions.