Florida Senate - 2015 SB 828 By Senator Diaz de la Portilla 40-00608-15 2015828__ 1 A bill to be entitled 2 An act relating to international banking corporations; 3 creating s. 663.021, F.S.; providing that specified 4 entities of an international banking corporation are 5 not required to produce certain books or records that 6 are maintained outside the United States and are not 7 available to the entities in response to a subpoena; 8 providing applicability; providing that a request for 9 production of certain books or records for a customer 10 of an office of the international banking corporation 11 which is established or maintained in a foreign 12 country must be conducted pursuant to letters rogatory 13 or in accordance with specified treaties or 14 conventions; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 663.021, Florida Statutes, is created to 19 read: 20 663.021 Civil action subpoena enforcement.— 21 (1)(a) Notwithstanding s. 655.059, an international 22 representative office, international bank agency, international 23 branch, international trust company representative office, or 24 international administrative office is not required to produce a 25 book or record pertaining to a deposit account, investment 26 account, or loan of a customer of the international banking 27 corporation in response to a subpoena if the book or record is 28 maintained outside the United States and is not available to the 29 international banking corporation’s office, agency, or branch 30 established in this state. 31 (b) This subsection applies only to a subpoena issued 32 pursuant to the Florida Rules of Civil Procedure, the Federal 33 Rules of Civil Procedure, or other similar law or rule of civil 34 procedure in another state. This subsection does not apply to a 35 subpoena issued by or on behalf of a federal, state, or local 36 government law enforcement agency, administrative or regulatory 37 agency, legislative body, or grand jury. 38 (2) Notwithstanding s. 48.193, a request for production of 39 a book or record pertaining to a deposit account, investment 40 account, or loan of a customer of an office of the international 41 banking corporation which is established or maintained in a 42 foreign country must be conducted pursuant to letters rogatory 43 or in accordance with any applicable treaty and convention 44 governing service of process entered into by the United States. 45 Section 2. This act shall take effect July 1, 2015.