Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1238
       
       
       
       
       
       
                                Ì754404ÅÎ754404                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) of subsection (1) of section
    6  655.005, Florida Statutes, is amended to read:
    7         655.005 Definitions.—
    8         (1) As used in the financial institutions codes, unless the
    9  context otherwise requires, the term:
   10         (k) “Financial institutions codes” means:
   11         1. Chapter 655, relating to financial institutions
   12  generally;
   13         2. Chapter 657, relating to credit unions;
   14         3. Chapter 658, relating to banks and trust companies;
   15         4. Chapter 660, relating to trust business;
   16         5. Chapter 662, relating to family trust companies;
   17         6.5. Chapter 663, relating to international banking;
   18         7.6. Chapter 665, relating to associations; and
   19         8.7. Chapter 667, relating to savings banks.
   20         Section 2. Chapter 662, Florida Statutes, consisting of ss.
   21  662.10-662.151, Florida Statutes, to be entitled “Family Trust
   22  Companies,” is created.
   23         Section 3. Section 662.10, Florida Statutes, is created to
   24  read:
   25         662.10 Short title.—This chapter may be cited as the
   26  “Florida Family Trust Company Act.”
   27         Section 4. Section 662.102, Florida Statutes, is created to
   28  read:
   29         662.102 Purpose.—The purpose of the Family Trust Company
   30  Act is to establish requirements for licensing family trust
   31  companies, to provide regulation of those persons who provide
   32  fiduciary services to family members of no more than two
   33  families and their related interests as a family trust company,
   34  and to establish the degree of regulatory oversight required of
   35  the Office of Financial Regulation over such companies. Unlike
   36  trust companies formed under chapter 658, there is no public
   37  interest to be served outside of ensuring that fiduciary
   38  activities performed by a family trust company are restricted to
   39  family members and their related interests and as otherwise
   40  provided for in this chapter. Therefore, family trust companies
   41  are not financial institutions within the meaning of the
   42  financial institutions codes, and licensure of these companies
   43  pursuant to chapters 658 and 660 should not be required as it
   44  would not promote the purposes of the codes as set forth in s.
   45  655.001. Consequently, the Office of Financial Regulation is not
   46  responsible for regulating family trust companies to ensure
   47  their safety and soundness, and the responsibility of the office
   48  is limited to ensuring that fiduciary services provided by such
   49  companies are restricted to family members and related interests
   50  and not to the general public.
   51         Section 5. Section 662.111, Florida Statutes, is created to
   52  read:
   53         662.111 Definitions.—As used in this chapter, the term:
   54         (1) “Applicant” means the corporation or limited liability
   55  company on whose behalf an application for a license to operate
   56  as a licensed family trust company is submitted under s.
   57  662.121.
   58         (2) “Authorized representative” means an officer or
   59  director of a family trust company, licensed family trust
   60  company, or foreign licensed family trust company, if organized
   61  as a corporation; or a manager, officer, or member of a family
   62  trust company, licensed family trust company, or foreign
   63  licensed family trust company, if organized as a limited
   64  liability company.
   65         (3) “Capital account” means the aggregate value of
   66  unimpaired capital stock based on the par value of the shares,
   67  plus any unimpaired surplus and undivided profits or retained
   68  earnings of a family trust company organized as a corporation;
   69  or the initial cash investment remitted for membership interests
   70  in a family trust company organized as a limited liability
   71  company, plus any undivided profits or retained earnings of the
   72  limited liability company.
   73         (4) “Capital stock” means the shares of stock issued to
   74  create nonwithdrawable capital for a corporation, or membership
   75  interests issued to create nonwithdrawable capital for a limited
   76  liability company.
   77         (5) “Collateral kinship” means a relationship that is not
   78  lineal but derives from a common ancestor.
   79         (6) “Commercial banking” means the business of receiving
   80  demand and time deposits, paying checks, or lending money to the
   81  public.
   82         (7) "Commission" means the Financial Services Commission.
   83         (8) “Controlling stockholder or member” means an individual
   84  who owns or has the ability or power to directly or indirectly
   85  vote at least 10 percent or more of the outstanding shares,
   86  membership interest, or membership units of the family trust
   87  company or licensed family trust company.
   88         (9) “Designated relative” means a common ancestor of a
   89  family, who may be a living or deceased person, and who is so
   90  designated in the application for a license or annual license.
   91         (10) “Family affiliate” means a company or other entity in
   92  which one or more family members own, control, or have the power
   93  to directly or indirectly vote more than 50 percent of a class
   94  of voting securities of that company or other entity.
   95         (11) “Family member” means:
   96         (a) A designated relative.
   97         (b) A person within the fourth degree of lineal kinship to
   98  a designated relative of a family trust company, or a person
   99  within the sixth degree of lineal kinship to a designated
  100  relative of a licensed family trust company.
  101         (c) A person within the seventh degree of collateral
  102  kinship to a designated relative of a family trust company, or a
  103  person within the ninth degree of collateral kinship to a
  104  designated relative of a licensed family trust company.
  105         (d) The spouse or former spouse of an individual qualifying
  106  as a family member and an individual who is within the fifth
  107  degree of lineal kinship to that spouse or former spouse.
  108         (e) A family affiliate.
  109         (f) A trust established by a family member if the trust is
  110  funded exclusively by one or more family members. A trust to
  111  which property has been transferred as a result of a family
  112  member’s exercise of a power of appointment shall be deemed
  113  established by that family member if all qualified beneficiaries
  114  of the appointee trust are family members.
  115         (g) A trust established by an individual who is not a
  116  family member if all of the noncharitable qualified
  117  beneficiaries of the trust are family members, except that a
  118  trust composed exclusively of nonindividual qualified
  119  beneficiaries is considered to be a family member if all of the
  120  nonindividual qualified beneficiaries are charitable foundations
  121  or other charitable entities as described in paragraph (j).
  122         (h) The probate estate of a family member.
  123         (i) The probate estate of an individual who is not a family
  124  member if all of the noncharitable beneficiaries of the estate
  125  are family members, except that an estate composed exclusively
  126  of nonindividual beneficiaries is considered to be a family
  127  member if all of the nonindividual beneficiaries are charitable
  128  foundations or other charitable entities as described in
  129  paragraph (j).
  130         (j) A charitable foundation or other charitable entity in
  131  which a majority of the governing body is composed of family
  132  members.
  133         (12) “Family trust company” means a corporation or limited
  134  liability company that:
  135         (a) Is exclusively owned by one or more family members.
  136         (b) Is organized or qualified to do business in this state.
  137         (c) Acts or proposes to act as a fiduciary to serve one or
  138  more family members.
  139         (d) Does not serve as a fiduciary for a person, entity,
  140  trust, or estate that is not a family member, except that it may
  141  serve as a fiduciary for up to 35 individuals who are not family
  142  members if the individuals are current or former employees of
  143  the family trust company or one or more trusts, companies, or
  144  other entities that are family members.
  145         (13) “Family trust company-affiliated party” means:
  146         (a) A director, officer, manager, employee, or controlling
  147  stockholder or member of a family trust company, licensed family
  148  trust company, or foreign licensed family trust company; or
  149         (b) A stockholder, a member, or any other person as
  150  determined by the office who participates in the affairs of a
  151  family trust company, licensed family trust company, or foreign
  152  licensed family trust company.
  153         (14) “Financial institutions codes” has the same meaning as
  154  provided in s. 655.005(1).
  155         (14) “Foreign licensed family trust company” means a family
  156  trust company that:
  157         (a) Is licensed by a state in the United States other than
  158  this state or the District of Columbia.
  159         (b) Has its principal place of business in a state in the
  160  United States other than this state or the District of Columbia.
  161         (c) Is operated in accordance with family or private trust
  162  company laws of the state in which it is licensed or of the
  163  District of Columbia.
  164         (d) Is subject to statutory or regulatory mandated
  165  supervision by the state in which the principal place of
  166  business is located or by the District of Columbia.
  167         (e) Is not owned by, or a subsidiary of, a corporation,
  168  limited liability company, or other business entity that is
  169  organized in or licensed by any foreign country as defined in s.
  170  663.01(3).
  171         (16) “Licensed family trust company” means a family trust
  172  company that operates in accordance with this chapter and has
  173  been issued a license that has not been revoked or suspended by
  174  the office.
  175         (17) “Lineal kinship” means a family member who is in the
  176  direct line of ascent or descent from a designated relative.
  177         (18) “Office” means the Office of Financial Regulation.
  178         (19) “Officer” of a family trust company means an
  179  individual, regardless of whether the individual has an official
  180  title or receives a salary or other compensation, who may
  181  participate in the major policymaking functions of a family
  182  trust company, other than as a director. The term does not
  183  include an individual who may have an official title and
  184  exercise discretion in the performance of duties and functions,
  185  but who does not participate in determining the major policies
  186  of the family trust company and whose decisions are limited by
  187  policy standards established by other officers, regardless of
  188  whether the policy standards have been adopted by the board of
  189  directors. The chair of the board of directors, the president,
  190  the chief officer, the chief financial officer, the senior trust
  191  officer, and all executive vice presidents of a family trust
  192  company, and all managers if organized as a limited liability
  193  company, are presumed to be executive officers unless such
  194  officer is excluded, by resolution of the board of directors or
  195  members or by the bylaws or operating agreement of the family
  196  trust company, other than in the capacity of a director, from
  197  participating in major policymaking functions of the family
  198  trust company, and such excluded officer does not actually
  199  participate therein.
  200         (20) “Qualified beneficiary” has the same meaning as
  201  provided in s. 736.0103.
  202         Section 6. Section 662.112, Florida Statutes, is created to
  203  read:
  204         662.112 Degrees of kinship.—Degrees of kinship shall be
  205  calculated by adding the number of steps from a designated
  206  relative through each person to the family member, directly in
  207  the case of lineal kinship, or through the common ancestor in
  208  the case of collateral kinship.
  209         Section 7. Section 662.114, Florida Statutes, is created to
  210  read:
  211         662.114 Family trust company and foreign licensed family
  212  trust company licensing not required.—A family trust company or
  213  foreign licensed family trust company is not required to be a
  214  licensed family trust company.
  215         Section 8. Section 662.115, Florida Statutes, is created to
  216  read:
  217         662.115 Applicability of chapter to a family trust company
  218  or foreign licensed family trust company.—
  219         (1) A family trust company that is not a licensed family
  220  trust company or a foreign licensed family trust company is
  221  subject to the provisions of this chapter unless the provisions
  222  are expressly limited in applicability to a licensed family
  223  trust company or foreign licensed family trust company.
  224         (2) A licensed family trust company is subject to the
  225  provisions of this chapter that expressly refer to a licensed
  226  family trust company or that are not expressly limited to a
  227  family trust company that is not a licensed family trust company
  228  or to a foreign licensed family trust company.
  229         (3) A foreign licensed family trust company is subject to
  230  the provisions of this chapter that expressly state that such
  231  provisions apply to a foreign licensed family trust company.
  232         Section 9. Section 662.120, Florida Statutes, is created to
  233  read:
  234         662.120 Maximum number of designated relatives.—
  235         (1) A family trust company may not have more than one
  236  designated relative.
  237         (2) A licensed family trust company may not have more than
  238  two designated relatives, and the designated relatives may not
  239  have a common ancestor within five generations.
  240         Section 10. Section 662.121, Florida Statutes, is created
  241  to read:
  242         662.121 Application for licensed family trust company;
  243  fees.—An applicant seeking to operate as a licensed family trust
  244  company must file an application with the office on forms
  245  prescribed by the office, accompanied by a nonrefundable $10,000
  246  application fee to be deposited into the Financial Institutions’
  247  Regulatory Trust Fund pursuant to s. 655.049 for the purpose of
  248  administering this chapter. The application must contain or be
  249  accompanied by:
  250         (1) The name of the proposed licensed family trust company.
  251         (2) A copy of the articles of incorporation or articles of
  252  organization and the bylaws or operating agreement of the
  253  proposed licensed family trust company.
  254         (3) The physical address and mailing address of the
  255  proposed licensed family trust company, which must be located in
  256  this state.
  257         (4) A statement describing in detail the services that will
  258  be provided to family members by the proposed licensed family
  259  trust company.
  260         (5) The name and biographical information of each
  261  individual who will initially serve as a director, officer,
  262  manager, or member acting in a managerial capacity of the
  263  proposed licensed family trust company.
  264         (6) The name and biographical information of each
  265  individual who owns or has the ability or power to directly or
  266  indirectly vote at least 10 percent or more of the outstanding
  267  shares, membership interest, or membership units of the proposed
  268  licensed family trust company.
  269         (7) The names of the designated relatives.
  270         (8) The amount of the initial capital account of the
  271  proposed licensed family trust company and the form in which the
  272  capital was paid and will be maintained.
  273         (9) The type and amount of bonds or insurance that will be
  274  procured and maintained on directors, officers, managers, or
  275  members acting in a managerial capacity or employees pursuant to
  276  s. 662.126.
  277         (10) A statement signed by the applicant, or by the
  278  individual signing on behalf of the proposed licensed family
  279  trust company, under penalty of perjury, affirming that the
  280  following statements are true:
  281         (a) The proposed licensed family trust company is not
  282  currently transacting business with the general public.
  283         (b) No director, officer, manager, or member served as a
  284  director, officer, or manager, or acted in a managerial
  285  capacity, for a trust company or any other financial institution
  286  that had a license issued under the financial institutions codes
  287  or by the Federal Government or any other state, the District of
  288  Columbia, a territory of the United States, or a foreign country
  289  that was suspended or revoked within the 10 years preceding the
  290  date of the application.
  291         (c) No director, officer, manager, or member acting in a
  292  managerial capacity has been convicted of, pled guilty or nolo
  293  contendere, regardless of whether adjudication of guilt is
  294  entered by the court, to a violation of the financial
  295  institutions codes, including s. 655.50, chapter 896, or similar
  296  state or federal law or related rule, or to a crime involving
  297  fraud, misrepresentation, or moral turpitude.
  298         (d) No director, officer, manager, or member acting in a
  299  managerial capacity has had a professional license suspended or
  300  revoked within the 10 years preceding the date of the
  301  application.
  302         (e) All information contained in the application is true
  303  and correct to the best knowledge of the individual signing the
  304  application on behalf of the proposed licensed family trust
  305  company.
  306         (11) Any other additional information reasonably required
  307  by the office.
  308         Section 11. Section 662.1215, Florida Statutes, is created
  309  to read:
  310         662.1215 Investigation of license applicants.—
  311         (1) For the purpose of this section, the application is not
  312  deemed to be filed until the applicant has provided the office
  313  with all information required to be included pursuant to s.
  314  662.121.
  315         (2) Upon filing an application for a license to operate as
  316  a licensed family trust company, the office shall conduct an
  317  investigation to confirm:
  318         (a) That the persons who will serve as directors or
  319  officers of the corporation or, if the applicant is a limited
  320  liability company, managers or members acting in a managerial
  321  capacity, have not:
  322         1. Been convicted of, or entered a plea of nolo contendere
  323  to, a crime involving fraud, misrepresentation, or moral
  324  turpitude;
  325         2. Been convicted of, or pled nolo contendere to, a
  326  violation of the financial institutions codes, including s.
  327  655.50, chapter 896, or similar state or federal law;
  328         3. Been directors, officers, managers, or members of a
  329  financial institution licensed or chartered under the financial
  330  institutions codes or by the Federal Government or any other
  331  state, the District of Columbia, a territory of the United
  332  States, or a foreign country, whose license or charter was
  333  suspended or revoked within the 10 years preceding the date of
  334  the application;
  335         4. Had a professional license suspended or revoked within
  336  the 10 years preceding the date of the application; or
  337         5. Made a false statement of material fact on the
  338  application.
  339         (b) That the name of the proposed company complies with s.
  340  662.123.
  341         (c) That capital accounts of the proposed company conform
  342  to s. 662.124 and that fidelity bonds and errors and omissions
  343  insurance coverage required under s. 662.126 are issued and
  344  effective.
  345         (d) That the articles of incorporation or articles of
  346  organization conform to s. 662.123(1).
  347         (3) If the investigation required under this section
  348  confirms that the applicant has met the requirements of ss.
  349  662.1225, 662.123(1), 662.124, 662.125, and 662.126, and that
  350  the persons who will serve as directors or officers of the
  351  corporation or the managers or members acting in a managerial
  352  capacity of the limited liability company, as applicable,
  353  satisfy the criteria set forth in subsection (2), the office
  354  shall issue a license authorizing the applicant to operate as a
  355  licensed family trust company.
  356         (4) If the office determines the criteria in subsection (2)
  357  have not been met, the office shall serve notice of its intent
  358  to deny the application and of the applicant’s opportunity to
  359  request a hearing pursuant to ss. 120.569 and 120.57.
  360         Section 12. Section 662.122, Florida Statutes, is created
  361  to read:
  362         662.122 Registration of a family trust company or a foreign
  363  licensed family trust company.—
  364         (1) A family trust company that is not applying under s.
  365  662.121 to become a licensed family trust company must register
  366  with the office before beginning operations in this state. The
  367  registration application must:
  368         (a) Provide the name of the designated relative.
  369         (b) State that the family trust company is a family trust
  370  company as defined under this chapter and that its operations
  371  will comply with ss. 662.1225, 662.125, 662.131, and 662.134.
  372         (c) Provide the current telephone number and street address
  373  of the physical location in this state of its principal place of
  374  operations where its books and records will be maintained.
  375         (d) List the name and current street address in this state
  376  of its registered agent.
  377         (2) A foreign licensed family trust company must register
  378  with the office before beginning operations in this state.
  379         (a) The registration application must state that its
  380  operations will comply with ss. 662.1225, 662.125, 662.131, and
  381  662.134 and that it is currently in compliance with the family
  382  trust company laws and regulations of its principal
  383  jurisdiction.
  384         (b) The registration application must provide:
  385         1. The current telephone number and street address of the
  386  physical location of its principal place of business in its
  387  principal jurisdiction.
  388         2. The current telephone number and street address of the
  389  physical location in this state of its principal place of
  390  operations where its books and records pertaining to its
  391  operations in this state will be maintained.
  392         3. The current telephone number and street address of the
  393  physical location of any other offices located within this
  394  state.
  395         4. The name and current street address in this state of its
  396  registered agent.
  397         (c) The registration must include a certified copy of a
  398  certificate of good standing, or an equivalent document,
  399  authenticated by the official having custody of records in the
  400  jurisdiction where the foreign licensed family trust company is
  401  organized, along with satisfactory proof that the company is
  402  organized in a manner similar to a family trust company as
  403  defined under this chapter.
  404         (3) The registration application required under this
  405  section for a family trust company and a foreign licensed family
  406  trust company must be accompanied by a nonrefundable
  407  registration fee of $5,000.
  408         (4) Registration applications required by this section
  409  shall be submitted on a form prescribed by the office and be
  410  signed, under penalty of perjury, by an officer or director if
  411  the family trust company is organized as a corporation, or by a
  412  manager, officer, or member if the family trust company is
  413  organized as a limited liability company.
  414         (5) All fees received by the office pursuant to this
  415  section shall be deposited into the Financial Institutions’
  416  Regulatory Trust Fund pursuant to s. 655.049 for purposes of
  417  administering this chapter.
  418         Section 13. Section 662.1225, Florida Statutes, is created
  419  to read:
  420         662.1225 Requirements for a family trust company, licensed
  421  family trust company, and foreign licensed family trust
  422  company.—
  423         (1) A family trust company and a licensed family trust
  424  company shall maintain:
  425         (a) A principal office physically located in this state
  426  where original or true copies of all records and accounts of the
  427  family trust company or licensed family trust company may be
  428  accessed and made readily available for examination by the
  429  office in accordance with this chapter. A family trust company
  430  or licensed family trust company may also maintain one or more
  431  branch offices within or outside of this state.
  432         (b) A registered agent who has an office in this state at
  433  the street address of the registered agent.
  434         (c) All applicable state and local business licenses,
  435  charters, and permits.
  436         (d) A deposit account with a state-chartered or national
  437  financial institution that has a principal or branch office in
  438  this state.
  439         (2) In order to operate in this state, a foreign licensed
  440  family trust company must be in good standing in its principal
  441  jurisdiction and maintain:
  442         (a) An office physically located in this state where
  443  original or true copies of all records and accounts of the
  444  foreign licensed family trust company pertaining to its
  445  operations in this state may be accessed and made readily
  446  available for examination by the office in accordance with this
  447  chapter.
  448         (b) A registered agent who has an office in this state at
  449  the street address of the registered agent.
  450         (c) All applicable state and local business licenses,
  451  charters, and permits.
  452         (d) A deposit account with a state-chartered or national
  453  financial institution that has a principal or branch office in
  454  this state.
  455         Section 14. Section 662.123, Florida Statutes, is created
  456  to read:
  457         662.123 Organizational documents; use of term “family
  458  trust” in name.—
  459         (1) The articles of incorporation, certificate of
  460  incorporation, or articles of organization of a family trust
  461  company or licensed family trust company must contain:
  462         (a) The name adopted by the company, which must distinguish
  463  the company from any other trust company formed in this state or
  464  engaged in the business of a trust company, family trust
  465  company, or licensed family trust company in this state. If the
  466  term “trust” is included in the name adopted by a family trust
  467  company, it must be immediately preceded by the term “family” so
  468  as to distinguish the entity from a trust company operating
  469  under chapter 658. This paragraph does not apply to a foreign
  470  licensed family trust company using a fictitious name that is
  471  registered and maintained pursuant to s. 865.09 and that
  472  distinguishes it.
  473         (b) The purpose for which the company is formed, which must
  474  clearly identify the restricted activities permissible to a
  475  family trust company or licensed family trust company under this
  476  chapter.
  477         (c) A statement that the company will not offer its
  478  services to the general public.
  479         (d) A statement affirming that the articles of
  480  incorporation, certificate of incorporation, or articles of
  481  organization will not be amended without prior written notice to
  482  the office.
  483         (2) A proposed amendment to the articles of incorporation,
  484  articles of organization, bylaws, or articles of organization of
  485  a limited liability company, family trust company, or licensed
  486  family trust company must be submitted to the office for review
  487  at least 30 days before it is filed or effective. An amendment
  488  is not considered filed or effective if the office issues a
  489  notice of disapproval with respect to the proposed amendment.
  490         (3) The term “family trust” in the name adopted by a family
  491  trust company or licensed family trust company does not
  492  disqualify the name from being allowed under s. 605.0112 or s.
  493  607.0401.
  494         Section 15. Section 662.124, Florida Statutes, is created
  495  to read:
  496         662.124 Minimum capital account required.—
  497         (1) A licensed family trust company that has one designated
  498  relative may not be organized or operated with an owners’
  499  capital account of less than $250,000. The minimum capital
  500  account shall be increased to $350,000 if two designated
  501  relatives of the licensed family trust company are named in the
  502  application for a license or in the annual license renewal. A
  503  family trust company may not be organized or operated with a
  504  capital account of less than $250,000.
  505         (2) The full amount of the initial capital account of a
  506  family trust company or licensed family trust company must be
  507  composed of one or more of the asset groups described in s.
  508  662.132(1)(a), exclusive of all organization expenses.
  509         Section 16. Section 662.125, Florida Statutes, is created
  510  to read:
  511         662.125 Directors or managers.—
  512         (1) Exclusive authority to manage a family trust company or
  513  licensed family trust company is vested in a board of directors,
  514  if a corporation, or a board of directors or managers, if a
  515  limited liability company.
  516         (2) A family trust company or licensed family trust company
  517  shall have at least three directors, if a corporation, or three
  518  directors or managers, if a limited liability company. At least
  519  one director or manager of the company must be a resident of
  520  this state.
  521         (3) The licensed family trust company shall notify the
  522  office of the proposed appointment of an individual to the board
  523  of directors or addition as a member, or the appointment or
  524  employment of an individual as an officer or manager or member
  525  acting in a managerial capacity or equivalent position, at least
  526  60 days before such appointment or employment becomes effective,
  527  if the company:
  528         (a) Has been licensed for less than 2 years.
  529         (b) Has undergone a change in control within the preceding
  530  2 years.
  531         (c) Is operating under a cease and desist order.
  532  
  533  The notification must include the name and such biographical
  534  information as the office may reasonably require.
  535         (4) A licensed family trust company may not appoint an
  536  individual to the board of directors, add a member, or appoint
  537  or employ an officer or manager or member acting in a managerial
  538  capacity or equivalent, if the office issues a notice of
  539  disapproval with respect to that person.
  540         (5) The office shall issue a notice of disapproval if the
  541  office finds that the proposed appointment or employment of a
  542  person would otherwise cause the licensed family trust company
  543  to violate any of the requirements set forth in s.
  544  662.121(10)(b)-(d) or s. 662.1215(2)(a).
  545         Section 17. Section 662.126, Florida Statutes, is created
  546  to read:
  547         662.126 Fidelity bonds; insurance.—
  548         (1) The directors or managers of a licensed family trust
  549  company shall procure and maintain fidelity bonds on all active
  550  officers, directors, managers, members acting in a managerial
  551  capacity, and employees of the company, regardless of whether
  552  they receive a salary or other compensation from the company, in
  553  order to indemnify the company against loss because of a
  554  dishonest, fraudulent, or criminal act or omission on their
  555  part, whether acting alone or in combination with other persons.
  556         (2) Each fidelity bond shall be issued in an amount of at
  557  least $1 million.
  558         (3) In lieu of the fidelity bonds required under subsection
  559  (1), a licensed family trust company may increase its capital
  560  account required under s. 662.124 by $1 million so that if it
  561  has one designated relative, it is organized or operated with a
  562  capital account of at least $1.25 million, or if it has two
  563  designated relatives, it is organized or operated with a capital
  564  account of at least $1.35 million.
  565         (4) The licensed family trust company shall also procure
  566  and maintain an errors and omissions insurance policy of at
  567  least $1 million in which it is listed as the insured to cover
  568  the acts and omissions of officers, directors, managers, and
  569  members acting in a managerial capacity, regardless of whether
  570  the person receives a salary or other compensation from the
  571  company.
  572         (5) A family trust company or licensed family trust company
  573  may also procure and maintain other insurance policies necessary
  574  or desirable in connection with the business of the company,
  575  including, but not limited to, one or more casualty insurance
  576  policies.
  577         (6) A family trust company that is not a licensed family
  578  trust company may procure and maintain fidelity bonds as
  579  described in this section.
  580         (7) A family trust company that is not a licensed family
  581  trust company may procure and maintain errors and omissions
  582  insurance coverage as described in this section.
  583         Section 18. Section 662.127, Florida Statutes, is created
  584  to read:
  585         662.127 Segregation of books, records, and assets;
  586  fiduciary assets not liable.—
  587         (1) Each family trust company and licensed family trust
  588  company shall maintain its fiduciary books and records separate
  589  and distinct from other records of the company and shall
  590  segregate all assets held in any fiduciary capacity from other
  591  assets of the company.
  592         (2) Assets received or held in a fiduciary capacity by a
  593  family trust company or licensed family trust company are not
  594  subject to the debts or obligations of the company.
  595         Section 19. Section 662.128, Florida Statutes, is created
  596  to read:
  597         662.128 Annual renewal.—
  598         (1) Within 30 days after the end of each calendar year,
  599  family trust companies, licensed family trust companies, and
  600  foreign licensed family trust companies shall file their annual
  601  renewal application with the office.
  602         (2) The license renewal application filed by a licensed
  603  family trust company must include a verified statement that:
  604         (a) The licensed family trust company operated in full
  605  compliance with this chapter, chapter 896, or similar state or
  606  federal law, or any related rule or regulation. The application
  607  must include proof acceptable to the office that the company is
  608  a family trust company as defined under this chapter.
  609         (b) Describes any material changes to its operations,
  610  principal place of business, directors, officers, managers,
  611  members acting in a managerial capacity, and designated
  612  relatives since the end of the preceding calendar year.
  613         (3) The registration renewal application filed by a family
  614  trust company must include a verified statement by an officer of
  615  the company that it is a family trust company as defined under
  616  this chapter and that its operations are in compliance with ss.
  617  662.1225, 662.125, 662.131, and 662.134; chapter 896; or similar
  618  state or federal law, or any related rule or regulation, and
  619  include the name of its designated relative or relatives, if
  620  applicable, and the street address for its principal place of
  621  business.
  622         (4) The registration renewal application filed by a foreign
  623  licensed family trust company must include a verified statement
  624  that its operations are in compliance with ss. 662.1225,
  625  662.125, 662.131, and 662.134 and in compliance with the family
  626  trust company laws and regulations of its principal
  627  jurisdiction. It must also provide:
  628         (a) The current telephone number and street address of the
  629  physical location of its principal place of business in its
  630  principal jurisdiction.
  631         (b) The current telephone number and street address of the
  632  physical location in this state of its principal place of
  633  operations where its books and records pertaining to its
  634  operations in this state are maintained.
  635         (c) The current telephone number and address of the
  636  physical location of any other offices located in this state.
  637         (d) The name and current street address in this state of
  638  its registered agent.
  639         (e) Documentation satisfactory to the office that the
  640  foreign licensed family trust company is in compliance with the
  641  family trust company laws and regulations of its principal
  642  jurisdiction.
  643         (5) The annual renewal application shall be submitted on a
  644  form prescribed by the office and signed under penalty of
  645  perjury by an authorized representative.
  646         (6) A fee of $750 for a family trust company, $1,500 for a
  647  licensed family trust company, and $1,000 for a foreign licensed
  648  family trust company shall be submitted with the annual renewal
  649  application. All fees received by the office pursuant to this
  650  section shall be deposited into the Financial Institutions’
  651  Regulatory Trust Fund pursuant to s. 655.049 for the purpose of
  652  administering this chapter.
  653         Section 20. Section 662.129, Florida Statutes, is created
  654  to read:
  655         662.129 Discontinuing business.—If a licensed family trust
  656  company desires to discontinue business as a licensed family
  657  trust company, it must file with the office a certified copy of
  658  the resolution of the board of directors, or members if a
  659  limited liability company, authorizing that action. Upon
  660  discharge from all fiduciary duties which it has undertaken, the
  661  licensed family trust company shall provide certification of
  662  such discharge and voluntarily relinquish its license to operate
  663  as a licensed family trust company to the office, whereupon it
  664  shall be released from any fidelity bonds that it maintained
  665  pursuant to s. 662.126(1).
  666         Section 21. Section 662.130, Florida Statutes, is created
  667  to read:
  668         662.130 Powers of family trust companies, licensed family
  669  trust companies, and foreign licensed family trust companies.—
  670         (1) A family trust company and a licensed family trust
  671  company may, for its eligible members and individuals:
  672         (a) Act as a sole or copersonal representative, executor,
  673  or curator for probate estates being administered in a state or
  674  jurisdiction other than this state.
  675         (b) Act as an attorney in fact or agent under a power of
  676  attorney, other than a power of attorney governed by chapter
  677  709.
  678         (c) Except as provided in s. 662.131, act within or outside
  679  this state as a sole fiduciary or cofiduciary, including acting
  680  as a trustee, advisory agent, assignee, assignee for the benefit
  681  of creditors, authenticating agent, bailee, bond or indenture
  682  trustee, conservator, conversion agent, custodian, escrow agent,
  683  fiscal or paying agent, financial advisor, guardian, investment
  684  advisor or manager, managing agent, purchase agent, receiver,
  685  registrar, safekeeping or subscription agent, transfer agent,
  686  except for public companies, warrant agent, or similar
  687  capacities generally performed by corporate trustees, and in so
  688  acting possess, purchase, sell, invest, reinvest, safekeep, or
  689  otherwise manage or administer the real or personal property of
  690  eligible members and individuals.
  691         (d) Exercise the powers of a corporation or limited
  692  liability company incorporated or organized under the laws of
  693  this state, or qualified to transact business as a foreign
  694  corporation or limited liability company under the laws of this
  695  state, which are reasonably necessary to enable it to fully
  696  exercise, in accordance with commonly accepted customs and
  697  usages, a power conferred under this chapter.
  698         (e) Delegate duties and powers, including investment
  699  functions under s. 518.112, in accordance with the powers
  700  granted to a trustee under chapter 736 or other applicable law,
  701  and retain agents, attorneys, accountants, investment advisers,
  702  or other individuals or entities to advise or assist the family
  703  trust company, licensed family trust company, or foreign
  704  licensed family trust company in the exercise of its powers and
  705  duties under this chapter and chapter 736. Such exercise of
  706  power may include, but is not limited to, retaining a bank trust
  707  department, or a public trust company, other than another family
  708  trust company, licensed family trust company, or foreign
  709  licensed family trust company.
  710         (f) Perform all acts necessary for exercising the powers
  711  enumerated in this section or authorized by this chapter and
  712  other applicable laws of this state.
  713         (2) Except as otherwise provided in s. 662.131, a foreign
  714  licensed family trust company that is in good standing in its
  715  principal jurisdiction may exercise all the trust powers in this
  716  state that a Florida family trust company may exercise.
  717         Section 22. Section 662.131, Florida Statutes, is created
  718  to read:
  719         662.131 Prohibitions.—Notwithstanding any provision of this
  720  chapter, a family trust company, licensed family trust company,
  721  or foreign licensed family trust company may not:
  722         (1) Engage in commercial banking; however, it may establish
  723  accounts at financial institutions for its own purposes or on
  724  behalf of family members to whom it provides services pursuant
  725  to this chapter.
  726         (2) Engage in fiduciary services with the public unless
  727  licensed pursuant to chapter 658.
  728         (3) Serve as a personal representative or a copersonal
  729  representative of a probate estate administered in this state.
  730         (4) Serve as an attorney in fact or agent, including as a
  731  co-attorney in fact or co-agent, under a power of attorney
  732  pursuant to chapter 709.
  733         Section 23. Section 662.132, Florida Statutes, is created
  734  to read:
  735         662.132 Investments.—
  736         (1) The assets forming the minimum capital account of a
  737  family trust company or licensed family trust company must:
  738         (a) Consist of cash, United States Treasury obligations, or
  739  any combination thereof.
  740         (b) Have an aggregate market value of at least 100 percent
  741  of the company’s required capital account, as specified in s.
  742  662.124. If the aggregate market value of 100 percent of the
  743  company’s capital account is, at any time, less than the amount
  744  required under s. 662.124, the company has 5 business days to
  745  bring such capital account into compliance with s. 662.124.
  746         (2) A family trust company or licensed family trust company
  747  may purchase or rent real or personal property for use in the
  748  conduct of the business and other activities of the company.
  749         (3) Notwithstanding any other provision of law, a family
  750  trust company or licensed family trust company may invest funds
  751  for its own account, other than those required or allowed under
  752  subsection (1) or subsection (2), in any type or character of
  753  equity securities, debt securities, or other assets.
  754         (4) Notwithstanding any other law, a family trust company
  755  or licensed family trust company may, while acting as a
  756  fiduciary, purchase directly from underwriters or distributors
  757  or in the secondary market:
  758         (a) Bonds or other securities underwritten or distributed
  759  by:
  760         1. The family trust company or licensed family trust
  761  company;
  762         2. A family affiliate; or
  763         3. A syndicate, including the family trust company,
  764  licensed family trust company, or family affiliate.
  765         (b) Securities of an investment company, including a mutual
  766  fund, closed–end fund, or unit investment trust, as defined
  767  under the federal Investment Company Act of 1940, for which the
  768  family trust company or licensed family trust company acts as an
  769  advisor, custodian, distributor, manager, registrar, shareholder
  770  servicing agent, sponsor, or transfer agent.
  771         (5) The authority granted in subsection (4) may be
  772  exercised only if:
  773         (a) The investment is not expressly prohibited by the
  774  instrument, judgment, decree, or order establishing the
  775  fiduciary relationship.
  776         (b) The family trust company or licensed family trust
  777  company procures in writing the consent of any cofiduciaries
  778  with discretionary investment powers to the investment.
  779         (c) The family trust company or licensed family trust
  780  company discloses in writing to the person or persons to whom it
  781  sends account statements its intent to exercise the authority
  782  granted in subsection (4) before the first exercise of that
  783  authority, and each such disclosure reflects:
  784         1. The nature of any interest the family trust company or
  785  licensed family trust company has, or is reasonably expected to
  786  have, in the underwriting or distribution of bonds or securities
  787  purchased.
  788         2. The nature and amount of any fee or other compensation
  789  received, or reasonably expected to be received, by the family
  790  trust company or licensed family trust company in connection
  791  with the transaction.
  792         3. The nature of the relationship between the family trust
  793  company or licensed family trust company and an investment
  794  company described in paragraph (4)(b).
  795         4. The nature and amount of any fee or other compensation
  796  received, or reasonably expected to be received, by the family
  797  trust company or licensed family trust company for providing
  798  services to an investment company described in paragraph (4)(b).
  799         (6) Subsections (4) and (5) do not affect the degree of
  800  prudence required of fiduciaries under the laws of this state.
  801  However, a purchase of bonds or securities pursuant to
  802  subsections (4) and (5) is not presumed to be affected by a
  803  conflict between the fiduciary’s personal and fiduciary
  804  interests if such purchase:
  805         (a) Is negotiated at a fair price.
  806         (b) Is in accordance with:
  807         1. The interest of the qualified beneficiaries.
  808         2. The purposes of the trusts.
  809         (c) Otherwise complies with:
  810         1. The prudent investor rule in s. 518.11, or other prudent
  811  investor or similar rule under other applicable law, unless such
  812  compliance is waived in accordance with s. 518.11 or other
  813  applicable law.
  814         2. The terms of the instrument, judgment, decree, or order
  815  establishing the fiduciary relationship.
  816         (7) Notwithstanding subsections (1)-(6), a family trust
  817  company or licensed family trust company may not, while acting
  818  as a fiduciary, purchase a bond or security issued by the
  819  company or an affiliate thereof unless:
  820         (a) The family trust company or licensed family trust
  821  company is expressly authorized to do so by:
  822         1. The terms of the instrument creating the trust;
  823         2. A court order;
  824         3. The written consent of the settlor of the trust for
  825  which the family trust company or licensed family trust company
  826  is serving as trustee; or
  827         4. The written consent of every adult qualified beneficiary
  828  of the trust who, at the time of such purchase, is entitled to
  829  receive income under the trust or who would be entitled to
  830  receive a distribution of principal if the trust were
  831  terminated; and
  832         (b) The purchase of the security is at a fair price and
  833  complies with:
  834         1. The prudent investor rule in s. 518.11, or other prudent
  835  investor or similar rule under other applicable law, unless such
  836  compliance is waived in accordance with s. 518.11 or other
  837  applicable law.
  838         2. The terms of the instrument, judgment, decree, or order
  839  establishing the fiduciary relationship.
  840         (8) Except as otherwise expressly limited by this section,
  841  a family trust company or licensed family trust company, while
  842  acting as a fiduciary, is also authorized, without limiting any
  843  powers otherwise conferred on fiduciaries by law, to do any of
  844  the following, which are not presumed to be affected by a
  845  conflict between the fiduciary’s personal and fiduciary
  846  interests:
  847         (a) Make an equity investment in a closely held entity that
  848  may or may not be marketable and that is directly or indirectly
  849  owned or controlled by one or more family members.
  850         (b) Place a security transaction using a broker who is a
  851  family member.
  852         (c) Enter into an agreement with a family member who is the
  853  settlor or a qualified beneficiary of a trust with respect to
  854  the appointment of the family trust company or licensed family
  855  trust company as a fiduciary of the trust, or with respect to
  856  the compensation of the family trust company and licensed family
  857  trust company for service as a fiduciary.
  858         (d) Transact business with a family member.
  859         (e) Transact business with or invest in any asset of
  860  another trust, estate, guardianship, or conservatorship for
  861  which the family trust company or licensed family trust company
  862  is a fiduciary or in which a family member has an interest.
  863         (f) Deposit trust assets in a financial institution that is
  864  owned, controlled, or operated by one or more family members.
  865         (g) Purchase, sell, hold, own, or invest in a security,
  866  bond, real or personal property, stock, or other asset of a
  867  family member.
  868         (h) With or without adequate security, lend money to or
  869  borrow money from a family member or a trust, estate, or
  870  guardianship for which the family trust company or licensed
  871  family trust company serves as a fiduciary.
  872         (9) If not inconsistent with and subject to the terms of
  873  subsections (4)-(8), the duty of loyalty under s. 736.0802
  874  applies to family trust companies, licensed family trust
  875  companies, and foreign licensed family trust companies when
  876  serving as trustee of a trust whose administration is subject to
  877  chapter 736.
  878         Section 24. Section 662.133, Florida Statutes, is created
  879  to read:
  880         662.133 Oaths, affidavits, and acknowledgments.—If a family
  881  trust company or licensed family trust company is required to
  882  make an oath, affirmation, affidavit, or acknowledgment
  883  regarding a fiduciary capacity in which it is acting or is
  884  preparing to act, a director or officer or, if the company is a
  885  limited liability company, a manager or officer expressly
  886  authorized by the family trust company or licensed family trust
  887  company, shall make and, if required, subscribe to such oath,
  888  affirmation, affidavit, or acknowledgment on behalf of the
  889  company.
  890         Section 25. Section 662.134, Florida Statutes, is created
  891  to read:
  892         662.134 Unlawful to advertise services.—A family trust
  893  company, licensed family trust company, or foreign licensed
  894  family trust company may not advertise its services to the
  895  public.
  896         Section 26. Section 662.135, Florida Statutes, is created
  897  to read:
  898         662.135 Service as court-appointed fiduciary; bond
  899  requirement.—A licensed family trust company is not required to
  900  provide or otherwise post a bond or other surety to serve as a
  901  court-appointed fiduciary in a proceeding brought or conducted
  902  in this state.
  903         Section 27. Section 662.140, Florida Statutes, is created
  904  to read:
  905         662.140 Rules.—The commission may adopt rules necessary to
  906  carry out the purposes of this chapter.
  907         Section 28. Section 662.141, Florida Statutes, is created
  908  to read:
  909         662.141 Examination, investigations, and fees.—The office
  910  may conduct an examination or investigation of a family trust
  911  company, licensed family trust company, or foreign licensed
  912  family trust company at any time it deems necessary to determine
  913  whether a family trust company, licensed family trust company,
  914  foreign licensed family trust company, or family trust company
  915  affiliated person has violated or is about to violate any
  916  provision of the financial institution’s codes or the rules
  917  adopted by the commission pursuant to such codes.
  918         (1) The office shall conduct an examination of a licensed
  919  family trust company, family trust company, and foreign licensed
  920  family trust company at least once every 18 months.
  921         (2) In lieu of an examination by the office, the office may
  922  accept an audit of a family trust company, licensed family trust
  923  company, or foreign licensed family trust company by a certified
  924  public accountant licensed to practice in this state who is
  925  independent of the company, or other person or entity acceptable
  926  to the office. If the office accepts an audit pursuant to this
  927  subsection, the office shall conduct the next required
  928  examination.
  929         (3) The office shall examine the books and records of a
  930  family trust company or licensed family trust company as
  931  necessary to determine whether it is a family trust company or
  932  licensed family trust company as defined in this chapter, and is
  933  operating in compliance with ss. 662.1225, 662.125, 662.126,
  934  662.131, and 662.134, as applicable. The office may rely upon a
  935  certificate of trust, trust summary, or written statement from
  936  the trust company identifying the qualified beneficiaries of any
  937  trust or estate for which the family trust company serves as a
  938  fiduciary and the qualification of the qualified beneficiaries
  939  as permissible recipients of company services. The commission
  940  may establish by rule the records to be maintained or
  941  requirements necessary to demonstrate conformity with this
  942  chapter as a family trust company or licensed family trust
  943  company.
  944         (4) The office shall examine the books and records of a
  945  foreign licensed family trust company as necessary to determine
  946  if it is a foreign licensed trust company as defined in this
  947  chapter and is in compliance with ss. 662.1225, 662.125,
  948  662.130(2), 662.131, and 662.134. In connection with an
  949  examination of the books and records of the company, the office
  950  may rely upon the most recent examination report or review or
  951  certification letters or similar documentation issued by the
  952  regulatory agency to which the foreign licensed family trust
  953  company is subject to supervision. The commission may establish
  954  by rule the records to be maintained or requirements necessary
  955  to demonstrate conformity with this chapter as a foreign
  956  licensed family trust company. The office’s examination of the
  957  books and records of a foreign licensed family trust company is,
  958  to the extent practicable, limited to books and records of the
  959  operations in this state.
  960         (5) For each examination of the books and records of a
  961  family trust company, licensed family trust company, or foreign
  962  licensed family trust company as authorized under this chapter,
  963  the trust company shall pay a fee for the costs of the
  964  examination by the office. As used in this section, the term
  965  “costs” means the salary and travel expenses of field staff
  966  which are directly attributable to the examination of the trust
  967  company and the travel expenses of any supervisory or support
  968  staff required as a result of examination findings. The mailing
  969  of payment for costs incurred must be postmarked within 30 days
  970  after the receipt of a notice stating that such costs are due.
  971  The office may levy a late payment of up to $100 per day or part
  972  thereof that a payment is overdue, unless waived for good cause.
  973  However, if the late payment of costs is intentional, the office
  974  may levy an administrative fine of up to $1,000 per day for each
  975  day the payment is overdue.
  976         (6) All fees collected under this section must be deposited
  977  into the Financial Institutions’ Regulatory Trust Fund pursuant
  978  to s. 655.049 for the purpose of administering this chapter.
  979         Section 29. Section 662.142, Florida Statutes, is created
  980  to read:
  981         662.142 Revocation of license.—
  982         (1) The following acts or conduct constitutes grounds for
  983  the revocation by the office of the license of a licensed family
  984  trust company:
  985         (a) The company is not a family trust company as defined in
  986  this chapter;
  987         (b) A violation of s. 662.1225, s. 662.123(1)(a), s.
  988  662.125(2), s. 662.126, s. 662.127, s. 662.128, s. 662.130, s.
  989  662.131, s. 662.134, or s. 662.144;
  990         (c) A violation of chapter 896, relating to financial
  991  transactions offenses, or any similar state or federal law or
  992  any related rule or regulation;
  993         (d) A violation of any rule of the commission;
  994         (e) A violation of any order of the office;
  995         (f) A breach of any written agreement with the office;
  996         (g) A prohibited act or practice under s. 662.131;
  997         (h) A failure to provide information or documents to the
  998  office upon written request; or
  999         (i) An act of commission or omission that is judicially
 1000  determined to be a breach of trust or of fiduciary duty pursuant
 1001  to a court of competent jurisdiction.
 1002         (2) Upon a finding that a licensed family trust company has
 1003  committed any of the acts set forth in paragraphs (1)(a)-(h),
 1004  the office may enter an order suspending the company’s license
 1005  and provide notice of its intention to revoke the license and of
 1006  the opportunity for a hearing pursuant to ss. 120.569 and
 1007  120.57. If there has been a commission or omission under
 1008  paragraph (1)(i), the office may immediately enter an order
 1009  revoking the license. The licensed family trust company shall
 1010  have 90 days to wind up its affairs after license revocation. If
 1011  after 90 days the company is still in operation, the office may
 1012  seek an order from the circuit court for the annulment or
 1013  dissolution of the company.
 1014         Section 30. Section 662.143, Florida Statutes, is created
 1015  to read:
 1016         662.143 Cease and desist authority.—
 1017         (1) The office may issue and serve upon a family trust
 1018  company, licensed family trust company, or foreign licensed
 1019  family trust company, or upon a family trust company-affiliated
 1020  party, a complaint stating charges if the office has reason to
 1021  believe that such company, family trust company-affiliated
 1022  party, or individual named therein is engaging in or has engaged
 1023  in conduct that:
 1024         (a) Indicates that the company is not a family trust
 1025  company or foreign licensed family trust company as defined in
 1026  this chapter;
 1027         (b) Is a violation of s. 662.1225, s. 662.123(1)(a), s.
 1028  662.125(2), s. 662.126, s. 662.127, s. 662.128, s. 662.130, or
 1029  s. 662.134;
 1030         (c) Is a violation of any rule of the commission;
 1031         (d) Is a violation of any order of the office;
 1032         (e) Is a breach of any written agreement with the office;
 1033         (f) Is a prohibited act or practice pursuant to s. 662.131;
 1034         (g) Is a willful failure to provide information or
 1035  documents to the office upon written request;
 1036         (h) Is an act of commission or omission or a practice that
 1037  the office has reason to believe is a breach of trust or of
 1038  fiduciary duty; or
 1039         (i) Is a violation of chapter 896 or similar state or
 1040  federal law or any related rule or regulation.
 1041         (2) The complaint must contain the statement of facts and a
 1042  notice of opportunity for a hearing pursuant to ss. 120.569 and
 1043  120.57.
 1044         (3) If no hearing is requested within the time allowed by
 1045  ss. 120.569 and 120.57, or if a hearing is held and the office
 1046  finds that any of the charges are true, the office may enter an
 1047  order directing the family trust company, licensed family trust
 1048  company, or foreign licensed family trust company, or family
 1049  trust company-affiliated party, or the individual named therein
 1050  to cease and desist from engaging in the conduct complained of
 1051  and to take corrective action.
 1052         (4) If the family trust company, licensed family trust
 1053  company, foreign licensed family trust company, or family trust
 1054  company-affiliated party, or the individual named in such order,
 1055  fails to respond to the complaint within the time allotted in
 1056  ss. 120.569 and 120.57, such failure constitutes a default and
 1057  justifies the entry of a cease and desist order.
 1058         (5) A contested or default cease and desist order is
 1059  effective when reduced to writing and served upon the family
 1060  trust company, licensed family trust company, or foreign
 1061  licensed family trust company, or family trust company
 1062  affiliated party, or the individual named therein. An
 1063  uncontested cease and desist order is effective as agreed.
 1064         (6) If the office finds that conduct described in
 1065  subsection (1) is likely to cause substantial prejudice to
 1066  members, shareholders, or beneficiaries of fiduciary accounts of
 1067  the family trust company, licensed family trust company, or
 1068  foreign licensed family trust company, or to beneficiaries of
 1069  services rendered by such company, it may issue an emergency
 1070  cease and desist order requiring the family trust company,
 1071  licensed family trust company, or foreign licensed family trust
 1072  company, family trust company-affiliated party, or individual
 1073  named therein to immediately cease and desist from engaging in
 1074  the conduct complained of and to take corrective action. The
 1075  emergency order is effective immediately upon service of a copy
 1076  of the order upon the family trust company, licensed family
 1077  trust company, or foreign licensed family trust company, or
 1078  family trust company-affiliated party and remains effective for
 1079  90 days. If the office begins nonemergency cease and desist
 1080  proceedings under subsection (1), the emergency order remains
 1081  effective until the conclusion of the proceedings under ss.
 1082  120.569 and 120.57.
 1083         (7) A family trust company or foreign licensed family trust
 1084  company shall have 90 days to wind up its affairs after entry of
 1085  any order to cease and desist from operating as a family trust
 1086  company or foreign licensed family trust company. If, after 90
 1087  days, a family trust company is still operating, the office may
 1088  seek an order from the circuit court for the annulment or
 1089  dissolution of the company. If, after 90 days, a foreign
 1090  licensed family trust company is still operating, the office may
 1091  seek an injunction from the circuit court restraining the
 1092  company from continuing to operate in this state.
 1093         Section 31. Section 662.144, Florida Statutes, is created
 1094  to read:
 1095         662.144 Failure to submit required report; fines.—If a
 1096  family trust company, licensed family trust company, or foreign
 1097  licensed family trust company fails to submit within the
 1098  prescribed period its annual renewal or any other report
 1099  required by this chapter or any rule, the office may impose a
 1100  fine of up to $100 for each day that the annual renewal or
 1101  report is overdue. Failure to provide the annual renewal within
 1102  60 days after the end of the calendar year shall automatically
 1103  result in termination of registration of a family trust company
 1104  or revocation of the license of a licensed family trust company.
 1105  The trust company shall thereafter have 90 days to wind up its
 1106  affairs.
 1107         Section 32. Section 662.145, Florida Statutes, is created
 1108  to read:
 1109         662.145 Grounds for removal.—
 1110         (1) The office may issue and serve upon a licensed family
 1111  trust company or a family trust company and a family trust
 1112  company-affiliated party a complaint stating charges if the
 1113  office has reason to believe that the family trust company
 1114  affiliated party is engaging or has engaged in conduct that:
 1115         (a) Demonstrates that the company is not a family trust
 1116  company as defined in this chapter;
 1117         (b) Is a prohibited act or practice under s. 662.131;
 1118         (c) Is a violation of s. 662.1225, s. 662.123(1)(a), s.
 1119  662.126, s. 662.127, s. 662.128, s. 662.130, or s. 662.134;
 1120         (d) Is a violation of any other law involving fraud or
 1121  moral turpitude which constitutes a felony;
 1122         (e) Is a violation of chapter 896, relating to offenses
 1123  related to financial transactions, or similar state or federal
 1124  law;
 1125         (f) Is a willful violation of a rule of the commission;
 1126         (g) Is a willful violation of an order of the office;
 1127         (h) Is a willful breach of a written agreement with the
 1128  office; or
 1129         (i) Is an act of commission or omission or a practice that
 1130  the office has reason to believe is a breach of trust or
 1131  fiduciary duty.
 1132         (2) The complaint must contain a statement of facts and a
 1133  notice of opportunity for a hearing pursuant to ss. 120.569 and
 1134  120.57.
 1135         (3) If no hearing is requested within the time allowed by
 1136  ss. 120.569 and 120.57, or if a hearing is held and the office
 1137  finds that any of the charges in the complaint is true, the
 1138  office may enter an order removing the family trust company
 1139  affiliated party or restricting or prohibiting participation by
 1140  the family trust company-affiliated party in the affairs of the
 1141  family trust company, licensed family trust company, or state
 1142  financial institution, subsidiary, or service corporation.
 1143         (4) If the family trust company-affiliated party fails to
 1144  respond to the complaint within the time allowed in ss. 120.569
 1145  and 120.57, such failure constitutes a default and justifies the
 1146  entry of an order of removal.
 1147         (5) A contested or default order of removal is effective
 1148  when reduced to writing and served on the family trust company
 1149  or licensed family trust company and the family trust company
 1150  affiliated party. An uncontested order of removal is effective
 1151  as agreed.
 1152         (6) The chief executive officer, or the person holding the
 1153  equivalent office, of a family trust company or licensed family
 1154  trust company shall promptly notify the office if he or she has
 1155  actual knowledge that a family trust company-affiliated party is
 1156  charged with a felony in a state or federal court.
 1157         (a) If a family trust company-affiliated party is charged
 1158  with a felony in a state or federal court, or in the courts of a
 1159  foreign country with which the United States maintains
 1160  diplomatic relations which involves a violation of law relating
 1161  to fraud, currency transaction reporting, money laundering,
 1162  theft, or moral turpitude and the charge is equivalent to a
 1163  felony charge under state or federal law, the office may enter
 1164  an emergency order suspending the family trust company
 1165  affiliated party or restricting or prohibiting participation by
 1166  such company-affiliated party in the affairs of that particular
 1167  family trust company or licensed family trust company or any
 1168  financial institution, subsidiary, or service corporation, upon
 1169  service of the order upon the company and the family trust
 1170  company-affiliated party so charged.
 1171         (b) The order must contain notice of opportunity for a
 1172  hearing pursuant to ss. 120.569 and 120.57, at which the family
 1173  trust company-affiliated party may request a postsuspension
 1174  hearing to show that continued service to or participation in
 1175  the affairs of the family trust company or licensed family trust
 1176  company does not pose a threat to the interests of the company.
 1177  In accordance with applicable commission rules, the office shall
 1178  notify the family trust company-affiliated party whether the
 1179  order suspending or prohibiting the company-affiliated party
 1180  from participating in the affairs of a licensed family trust
 1181  company or family trust company, or state financial institution,
 1182  subsidiary, or service corporation will be rescinded or
 1183  otherwise modified. The emergency order remains in effect,
 1184  unless otherwise modified by the office, until the criminal
 1185  charge is disposed of. The acquittal of the family trust
 1186  company-affiliated party charged, or the final, unappealed
 1187  dismissal of all charges against such person, dissolves the
 1188  emergency order, but does not prohibit the office from
 1189  instituting proceedings under subsection (1). If the family
 1190  trust company-affiliated party charged is convicted or pleads
 1191  guilty or nolo contendere, regardless of adjudication, the
 1192  emergency order becomes final.
 1193         (7) A family trust company-affiliated party removed from
 1194  office pursuant to this section is not eligible for reelection
 1195  to such position or to any official position in a family trust
 1196  company, licensed family trust company, or financial institution
 1197  in this state except with the written consent of the office. A
 1198  family trust company-affiliated party who is removed,
 1199  restricted, or prohibited from participation in the affairs of a
 1200  family trust company, licensed family trust company, or state
 1201  financial institution pursuant to this section may petition the
 1202  office for modification or termination of such removal,
 1203  restriction, or prohibition.
 1204         (8) The resignation, termination of employment or
 1205  participation, or separation from a family trust company or a
 1206  licensed family trust company of the family trust company
 1207  affiliated party does not affect the jurisdiction and authority
 1208  of the office to issue a notice and proceed under this section
 1209  against the company-affiliated party if such notice is served
 1210  before the end of the 6-year period beginning on the date such
 1211  person ceases to be a family trust company-affiliated party with
 1212  respect to such company.
 1213         Section 33. Section 662.146, Florida Statutes, is created
 1214  to read:
 1215         662.146 Confidentiality of books and records.—
 1216         (1) The books and records of a family trust company,
 1217  licensed family trust company, and foreign licensed family trust
 1218  company are confidential and shall be made available for
 1219  inspection and examination only:
 1220         (a) To the office or its authorized representative;
 1221         (b) To any person authorized to act for the company;
 1222         (c) As compelled by a court, pursuant to a subpoena issued
 1223  pursuant to the Florida Rules of Civil Procedure, the Florida
 1224  Rules of Criminal Procedure, or the Federal Rules of Civil
 1225  Procedure or pursuant to a subpoena issued in accordance with
 1226  state or federal law. Before the production of the books and
 1227  records of a family trust company, licensed family trust
 1228  company, or foreign licensed family trust company, the party
 1229  seeking production must reimburse the company for the reasonable
 1230  costs and fees incurred in compliance with the production. If
 1231  the parties disagree regarding the amount of reimbursement, the
 1232  party seeking the records may request the court having
 1233  jurisdiction to set the amount of reimbursement;
 1234         (d) Pursuant to a subpoena, to any federal or state law
 1235  enforcement or prosecutorial instrumentality authorized to
 1236  investigate suspected criminal activity;
 1237         (e) As authorized by the board of directors, if in
 1238  corporate form, or the managers, if in limited liability company
 1239  form; or
 1240         (f) As provided in subsection (2).
 1241         (2)(a) Each customer and stockholder, if a corporation, or
 1242  member, if a limited liability company, has the right to inspect
 1243  the books and records of a family trust company or licensed
 1244  family trust company as they pertain to his or her accounts or
 1245  the determination of his or her voting rights.
 1246         (b) The books and records pertaining to customers, members,
 1247  and stockholders of a family trust company or licensed family
 1248  trust company shall be kept confidential by the company and its
 1249  directors, managers, officers, and employees. The books and
 1250  records of customers, members, and stockholders may not be
 1251  released except upon the express authorization of the customer
 1252  as to his or her own accounts or a stockholder or member
 1253  regarding his or her voting rights. However, information may be
 1254  released, without the authorization of a customer, member, or
 1255  shareholder in a manner prescribed by the board of directors, if
 1256  a corporation, or managers, if a limited liability company, to
 1257  verify or corroborate the existence or amount of a customer’s
 1258  account if that information is reasonably provided to meet the
 1259  needs of commerce and to ensure accurate credit information.
 1260  Notwithstanding this paragraph, this subsection does not
 1261  prohibit a family trust company or licensed family trust company
 1262  from disclosing financial information referenced in this
 1263  subsection as permitted under 15 U.S.C. s. 6802, as amended.
 1264         (c) A person who willfully violates a provision of this
 1265  section which relates to unlawful disclosure of confidential
 1266  information commits a felony of the third degree, punishable as
 1267  provided in s. 775.082, s. 775.083, or s. 775.084.
 1268         (d) This subsection does not apply to a foreign licensed
 1269  family trust company. The laws of the jurisdiction of its
 1270  principal place of business govern the rights of customers,
 1271  members, and stockholders to inspect its books and records.
 1272         (3) For purposes of this section, the term “books and
 1273  records” includes, but is not limited to, an application for a
 1274  license and any documents connected with the application under
 1275  s. 662.121; the office’s corresponding investigation under s.
 1276  662.1215 in granting or denying the issuance of the license; the
 1277  initial registration documents of a family trust company or
 1278  foreign licensed family trust company under s. 662.122; the
 1279  annual renewal made by a family trust company, licensed family
 1280  trust company, or foreign licensed family trust company under s.
 1281  662.128; and the documentation submitted to the office in
 1282  connection with a licensed family trust company discontinuing
 1283  its business under s. 662.129.
 1284         Section 34. Section 662.147, Florida Statutes, is created
 1285  to read:
 1286         662.147 Records relating to the office examination; limited
 1287  restrictions on public access.—
 1288         (1) A family trust company, licensed family trust company,
 1289  and foreign licensed family trust company shall keep at the
 1290  office it is required to maintain pursuant to s. 662.1225 full
 1291  and complete records of the names and residences of all the
 1292  shareholders or members of the trust company and the number of
 1293  shares or membership units held by each, as applicable, as well
 1294  as the ownership percentage of each shareholder or member, as
 1295  the case may be. The records are subject to the inspection of
 1296  all the shareholders or members of the trust company, and the
 1297  officers authorized to assess taxes under state authority,
 1298  during the normal business hours of the trust company. A current
 1299  list of shareholders or members shall be made available to the
 1300  office’s examiners for their inspection and, upon the request of
 1301  the office, shall be submitted to the office.
 1302         (2) The office shall retain for at least 10 years:
 1303         (a) Examination reports.
 1304         (b) Investigatory records.
 1305         (c) The application for a license, any documents connected
 1306  with the application, and the office’s corresponding
 1307  investigation in granting or denying the issuance of the
 1308  license.
 1309         (d) The initial registration documents of a family trust
 1310  company or foreign licensed family trust company.
 1311         (e) The annual renewal made by a family trust company,
 1312  licensed family trust company, or foreign licensed family trust
 1313  company.
 1314         (f) The documentation submitted to the office in connection
 1315  with a licensed family trust company discontinuing its business
 1316  and any related information compiled by the office, or
 1317  photographic copies thereof.
 1318         (3) A copy of any document on file with the office which is
 1319  certified by the office as being a true copy may be introduced
 1320  in evidence as if it were the original. The office shall
 1321  establish a schedule of fees for preparing true copies of
 1322  documents.
 1323         (4) Orders issued by courts or administrative law judges
 1324  for the production of confidential records or information must
 1325  provide for inspection in camera by the court or the
 1326  administrative law judge. If the court or administrative law
 1327  judge determines that the documents requested are relevant or
 1328  would likely lead to the discovery of admissible evidence, the
 1329  documents shall be subject to further orders by the court or the
 1330  administrative law judge to protect the confidentiality thereof.
 1331  An order directing the release of information shall be
 1332  immediately reviewable, and a petition by the office for review
 1333  of the order shall automatically stay any further proceedings in
 1334  the trial court or the administrative hearing until the
 1335  disposition of the petition by the reviewing court. If any other
 1336  party files a petition for review, it will operate as a stay of
 1337  the proceedings only upon order of the reviewing court.
 1338         Section 35. Section 662.150, Florida Statutes, is created
 1339  to read:
 1340         662.150 Domestication of a foreign family trust company.—
 1341         (1) A foreign family trust company lawfully organized and
 1342  currently in good standing with the state regulatory agency in
 1343  the jurisdiction where it is organized may become domesticated
 1344  in this state by:
 1345         (a) Filing with the Department of State a certificate of
 1346  domestication and articles of incorporation in accordance with
 1347  and subject to s. 607.1801 or by filing articles of conversion
 1348  in accordance with s. 605.1045; and
 1349         (b) Filing an application for a license to begin operations
 1350  as a licensed family trust company in accordance with s.
 1351  662.121, which must first be approved by the office or by filing
 1352  the prescribed form with the office to register as a family
 1353  trust company to begin operations in accordance with s. 662.122.
 1354         (2) A foreign family trust company may apply pursuant to
 1355  paragraph (1)(b) before satisfying the requirements of paragraph
 1356  (1)(a); however, upon receipt of a certificate of authority, the
 1357  company must satisfy the requirements of paragraph (1)(a) before
 1358  beginning operations.
 1359         Section 36. Section 662.151, Florida Statutes, is created
 1360  to read:
 1361         662.151 Registration of a foreign licensed family trust
 1362  company to operate in this state.—A foreign licensed family
 1363  trust company lawfully organized and currently in good standing
 1364  with the state regulatory agency in the jurisdiction under the
 1365  law of which it is organized may qualify to begin operations in
 1366  this state by:
 1367         (1) Filing an application with the Department of State to
 1368  apply for a certificate of authority in accordance with and
 1369  subject to s. 605.0902 or s. 607.1503.
 1370         (2) Filing an initial registration to begin operations as a
 1371  foreign licensed family trust company in accordance with and
 1372  subject to s. 662.122 and subject to the sections of this
 1373  chapter which specifically state that they apply to a foreign
 1374  licensed family trust company.
 1375         (3) A company in operation as of the effective date of this
 1376  act that meets the definition of a family trust company shall
 1377  have 90 days from the effective date of this act to apply for
 1378  licensure as a licensed family trust company, register as a
 1379  family trust company or foreign licensed family trust company,
 1380  or cease doing business in this state.
 1381         Section 37. Paragraph (a) of subsection (3) of section
 1382  120.80, Florida Statutes, is amended to read:
 1383         120.80 Exceptions and special requirements; agencies.—
 1384         (3) OFFICE OF FINANCIAL REGULATION.—
 1385         (a) Notwithstanding s. 120.60(1), in proceedings for the
 1386  issuance, denial, renewal, or amendment of a license or approval
 1387  of a merger pursuant to title XXXVIII:
 1388         1.a. The Office of Financial Regulation of the Financial
 1389  Services Commission shall have published in the Florida
 1390  Administrative Register notice of the application within 21 days
 1391  after receipt.
 1392         b. Within 21 days after publication of notice, any person
 1393  may request a hearing. Failure to request a hearing within 21
 1394  days after notice constitutes a waiver of any right to a
 1395  hearing. The Office of Financial Regulation or an applicant may
 1396  request a hearing at any time prior to the issuance of a final
 1397  order. Hearings shall be conducted pursuant to ss. 120.569 and
 1398  120.57, except that the Financial Services Commission shall by
 1399  rule provide for participation by the general public.
 1400         2. Should a hearing be requested as provided by sub
 1401  subparagraph 1.b., the applicant or licensee shall publish at
 1402  its own cost a notice of the hearing in a newspaper of general
 1403  circulation in the area affected by the application. The
 1404  Financial Services Commission may by rule specify the format and
 1405  size of the notice.
 1406         3. Notwithstanding s. 120.60(1), and except as provided in
 1407  subparagraph 4., an every application for license for a new
 1408  bank, new trust company, new credit union, or new savings and
 1409  loan association, or new licensed family trust company must
 1410  shall be approved or denied within 180 days after receipt of the
 1411  original application or receipt of the timely requested
 1412  additional information or correction of errors or omissions. An
 1413  Any application for such a license or for acquisition of such
 1414  control which is not approved or denied within the 180-day
 1415  period or within 30 days after conclusion of a public hearing on
 1416  the application, whichever is later, shall be deemed approved
 1417  subject to the satisfactory completion of conditions required by
 1418  statute as a prerequisite to license and approval of insurance
 1419  of accounts for a new bank, a new savings and loan association,
 1420  or a new credit union, or a new licensed family trust company by
 1421  the appropriate insurer.
 1422         4. In the case of an every application for license to
 1423  establish a new bank, trust company, or capital stock savings
 1424  association in which a foreign national proposes to own or
 1425  control 10 percent or more of any class of voting securities,
 1426  and in the case of an every application by a foreign national
 1427  for approval to acquire control of a bank, trust company, or
 1428  capital stock savings association, the Office of Financial
 1429  Regulation shall request that a public hearing be conducted
 1430  pursuant to ss. 120.569 and 120.57. Notice of such hearing shall
 1431  be published by the applicant as provided in subparagraph 2. The
 1432  failure of any such foreign national to appear personally at the
 1433  hearing shall be grounds for denial of the application.
 1434  Notwithstanding the provisions of s. 120.60(1) and subparagraph
 1435  3., every application involving a foreign national shall be
 1436  approved or denied within 1 year after receipt of the original
 1437  application or any timely requested additional information or
 1438  the correction of any errors or omissions, or within 30 days
 1439  after the conclusion of the public hearing on the application,
 1440  whichever is later.
 1441         Section 38. Subsections (2) and (3) of section 736.0802,
 1442  Florida Statutes, are amended, and paragraph (i) is added to
 1443  subsection (5) of that section, to read:
 1444         736.0802 Duty of loyalty.—
 1445         (2) Subject to the rights of persons dealing with or
 1446  assisting the trustee as provided in s. 736.1016, a sale,
 1447  encumbrance, or other transaction involving the investment or
 1448  management of trust property entered into by the trustee for the
 1449  trustee’s own personal account or which is otherwise affected by
 1450  a conflict between the trustee’s fiduciary and personal
 1451  interests is voidable by a beneficiary affected by the
 1452  transaction unless:
 1453         (a) The transaction was authorized by the terms of the
 1454  trust;
 1455         (b) The transaction was approved by the court;
 1456         (c) The beneficiary did not commence a judicial proceeding
 1457  within the time allowed by s. 736.1008;
 1458         (d) The beneficiary consented to the trustee’s conduct,
 1459  ratified the transaction, or released the trustee in compliance
 1460  with s. 736.1012;
 1461         (e) The transaction involves a contract entered into or
 1462  claim acquired by the trustee when that person had not become or
 1463  contemplated becoming trustee;
 1464         (f) The transaction was consented to in writing by a
 1465  settlor of the trust while the trust was revocable; or
 1466         (g) The transaction is one by a corporate trustee that
 1467  involves a money market mutual fund, mutual fund, or a common
 1468  trust fund described in s. 736.0816(3); or
 1469         (h) With regard to a trust that is administered by a family
 1470  trust company, licensed family trust company, or foreign
 1471  licensed family trust company operating under chapter 662, the
 1472  transaction is authorized by s. 662.132(4)-(8).
 1473         (3)(a) A sale, encumbrance, or other transaction involving
 1474  the investment or management of trust property is presumed to be
 1475  affected by a conflict between personal and fiduciary interests
 1476  if the sale, encumbrance, or other transaction is entered into
 1477  by the trustee with:
 1478         1.(a) The trustee’s spouse;
 1479         2.(b) The trustee’s descendants, siblings, parents, or
 1480  their spouses;
 1481         3.(c) An officer, director, employee, agent, or attorney of
 1482  the trustee; or
 1483         4.(d) A corporation or other person or enterprise in which
 1484  the trustee, or a person that owns a significant interest in the
 1485  trustee, has an interest that might affect the trustee’s best
 1486  judgment.
 1487         (b) This subsection does not apply to a trust being
 1488  administered by a family trust company, licensed family trust
 1489  company, or foreign licensed family trust company operating
 1490  under chapter 662 if the sale, encumbrance, or other transaction
 1491  is authorized by s. 662.132(4)-(8).
 1492         (5)
 1493         (i) This subsection does not apply to a trust administered
 1494  by a family trust company, licensed family trust company, or
 1495  foreign licensed family trust company operating under chapter
 1496  662.
 1497         Section 39. Subsection (5) of section 744.351, Florida
 1498  Statutes, is amended to read:
 1499         744.351 Bond of guardian.—
 1500         (5) Financial institutions as defined in s. 744.309(4),
 1501  other than a trust company operating under chapter 662 which is
 1502  not a licensed family trust company or foreign licensed family
 1503  trust company, and public guardians authorized by law to be
 1504  guardians are shall not be required to file bonds.
 1505         Section 40. This act shall take effect October 1, 2015, if
 1506  HB 1269 or similar legislation is adopted in the same
 1507  legislative session or an extension thereof and becomes law.
 1508  
 1509  ================= T I T L E  A M E N D M E N T ================
 1510  And the title is amended as follows:
 1511         Delete everything before the enacting clause
 1512  and insert:
 1513                        A bill to be entitled                      
 1514         An act relating to family trust companies; amending s.
 1515         655.005, F.S.; revising the definition of the term
 1516         “financial institutions codes”; creating chapter 662,
 1517         F.S.; creating s. 662.10, F.S.; providing a short
 1518         title; creating s. 662.102, F.S.; providing the
 1519         purpose of the act; creating s. 662.111, F.S.;
 1520         defining terms; creating s. 662.112, F.S.; providing
 1521         for the calculation of kinship; creating s. 662.114,
 1522         F.S.; exempting a family trust company or foreign
 1523         licensed family trust company from licensure; creating
 1524         s. 662.115, F.S.; providing for the applicability of
 1525         the chapter to a family trust company or foreign
 1526         licensed family trust company; creating s. 662.120,
 1527         F.S.; specifying the maximum number of designated
 1528         relatives allowed for a family trust company and a
 1529         licensed family trust company; creating s. 662.121,
 1530         F.S.; providing procedures for applying for a family
 1531         trust company license; requiring a fee; creating s.
 1532         662.1215, F.S.; providing for investigations of
 1533         applicants by the Office of Financial Regulation;
 1534         creating s. 662.122, F.S.; providing procedures for
 1535         the registration of a family trust company or a
 1536         foreign licensed family trust company; requiring a
 1537         fee; creating s. 662.1225, F.S.; providing
 1538         requirements for a family trust company, licensed
 1539         family trust company, and foreign licensed family
 1540         trust company; creating s. 662.123, F.S.; requiring
 1541         organizational documents to include certain
 1542         provisions; authorizing the use of the term “trust”;
 1543         creating s. 662.124, F.S.; requiring a minimum capital
 1544         account; creating s. 662.125, F.S.; vesting exclusive
 1545         authority to manage a family trust company or licensed
 1546         family trust company in a board of directors or
 1547         managers; providing for appointment of directors and
 1548         managers; requiring certain notice to the office in
 1549         specified circumstances; requiring the office to issue
 1550         a notice of disapproval of a proposed appointment in
 1551         specified circumstances; creating s. 662.126, F.S.;
 1552         requiring that licensed family trust companies procure
 1553         and maintain fidelity bonds or specified minimum
 1554         capital account and errors and omissions insurance;
 1555         authorizing a family trust company that is not
 1556         licensed to procure and maintain such coverage;
 1557         authorizing licensed and unlicensed family trust
 1558         companies to procure and maintain other insurance
 1559         policies; creating s. 662.127, F.S.; requiring certain
 1560         books and records to be segregated; creating s.
 1561         662.128, F.S.; requiring annual license and
 1562         registration renewal; requiring a fee; creating s.
 1563         662.129, F.S.; providing for the discontinuance of a
 1564         licensed family trust company; creating s. 662.130,
 1565         F.S.; authorizing family trust companies to conduct
 1566         certain activities; creating s. 662.131, F.S.;
 1567         prohibiting certain activities on the part of family
 1568         trust companies; creating s. 662.132, F.S.; imposing
 1569         certain requirements on the assets that form the
 1570         minimum capital of licensed family trust companies and
 1571         family trust companies; authorizing such trust
 1572         companies to purchase or rent real or personal
 1573         property, invest funds, and, while acting as a
 1574         fiduciary, make certain purchases; imposing a
 1575         restriction on that authorization; clarifying the
 1576         degree of prudence required of fiduciaries;
 1577         restricting the authority of a fiduciary to purchase
 1578         certain bonds or securities; specifying additional
 1579         authority of fiduciaries; applying the duty of loyalty
 1580         to family trust companies in certain cases; creating
 1581         s. 662.133, F.S.; requiring certain officers,
 1582         directors, or managers of a licensed family trust
 1583         company or a family trust company to make an oath,
 1584         affirmation, affidavit, or acknowledgment on behalf of
 1585         the company in certain circumstances; creating s.
 1586         662.134, F.S.; prohibiting a family trust company from
 1587         advertising to the public; creating s. 662.135, F.S.;
 1588         providing that a licensed family trust company is not
 1589         required to post a bond to serve as a court-appointed
 1590         fiduciary; creating s. 662.140, F.S.; authorizing the
 1591         commission to adopt rules; creating s. 662.141, F.S.;
 1592         authorizing the office to conduct examinations and
 1593         investigations; requiring that family trust companies
 1594         be examined at least once every 18 months; authorizing
 1595         the office to accept an independent audit in lieu of
 1596         conducting an examination; requiring the office to
 1597         examine the books and records of a family trust
 1598         company or licensed family trust company; authorizing
 1599         the office to rely on a certificate of trust, trust
 1600         summary, or written statement in certain
 1601         circumstances; authorizing the commission to adopt
 1602         rules relating to records and requirements;
 1603         authorizing the office to examine the books and
 1604         records of a foreign licensed family trust company;
 1605         requiring family trust companies to pay examination
 1606         fees tied to actual costs incurred by the office;
 1607         providing a penalty for late payment and authorizing
 1608         an administrative fine if late payment is intentional;
 1609         creating s. 662.142, F.S.; providing for license
 1610         revocation; specifying acts and conduct that
 1611         constitute grounds for revocation; authorizing the
 1612         office to suspend a license pending revocation;
 1613         creating s. 662.143, F.S.; authorizing the office to
 1614         issue a cease and desist order and an emergency cease
 1615         and desist order; creating s. 662.144, F.S.;
 1616         authorizing the office to collect fines for the
 1617         failure to submit required reports; creating s.
 1618         662.145, F.S.; providing grounds for the removal of an
 1619         officer, director, manager, employee, or agent of a
 1620         licensed family trust company or a family trust
 1621         company; creating s. 662.146, F.S.; providing for the
 1622         confidentiality of certain company books and records;
 1623         creating s. 662.147, F.S.; providing requirements for
 1624         books and records of family trust companies; requiring
 1625         the office to retain certain records for a specified
 1626         time; allowing the introduction of certain copies into
 1627         evidence; requiring the office to establish a schedule
 1628         of fees for such copies; providing requirements for
 1629         orders issued by courts or administrative law judges
 1630         for the production of confidential records or
 1631         information; creating s. 662.150, F.S.; providing for
 1632         the domestication of a foreign family trust company;
 1633         creating s. 662.151, F.S.; providing for the
 1634         registration of a foreign licensed family trust
 1635         company; amending s. 120.80, F.S.; adding licensed
 1636         family trust companies to the entities regulated by
 1637         the office that are exempted from licensing timeframes
 1638         under ch. 120, F.S.; amending s. 736.0802, F.S.;
 1639         providing circumstances under which certain trust
 1640         transactions are not voidable by a beneficiary
 1641         affected by a transaction; providing circumstances
 1642         under which certain transactions involving the
 1643         investment or management of trust property are not
 1644         presumed to be affected by conflicts of interest;
 1645         providing an exception; amending s. 744.351, F.S.;
 1646         exempting a family trust company from certain bond
 1647         requirements and applying those requirements to
 1648         licensed family trust companies and foreign licensed
 1649         family trust companies; providing a contingent
 1650         effective date.