Florida Senate - 2018                                     SB 416
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00614-18                                            2018416__
    1                        A bill to be entitled                      
    2         An act relating to governance of banks and trust
    3         companies; amending s. 658.21, F.S.; revising
    4         requirements relating to the financial institution
    5         experience of certain proposed directors and officers
    6         of a proposed bank or trust company; amending s.
    7         658.33, F.S.; revising applicability of the residency
    8         requirement for directors of a bank or trust company;
    9         revising requirements relating to the financial
   10         institution experience of certain officers of a bank
   11         or trust company; amending s. 658.67, F.S.; revising a
   12         limitation on investments by banks in corporations;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) of section 658.21, Florida
   18  Statutes, is amended to read:
   19         658.21 Approval of application; findings required.—The
   20  office shall approve the application if it finds that:
   21         (4) The proposed officers have sufficient financial
   22  institution experience, ability, standing, and reputation and
   23  the proposed directors have sufficient business experience,
   24  ability, standing, and reputation to indicate reasonable promise
   25  of successful operation, and none of the proposed officers or
   26  directors has been convicted of, or pled guilty or nolo
   27  contendere to, any violation of s. 655.50, relating to the
   28  control of money laundering and terrorist financing; chapter
   29  896, relating to offenses related to financial institutions; or
   30  similar state or federal law. At least two of the proposed
   31  directors who are not also proposed officers must have had at
   32  least 1 year direct experience as an executive officer,
   33  regulator, or director of a financial institution within the 5 3
   34  years before the date of the application. However, if the
   35  applicant demonstrates that at least one of the proposed
   36  directors has very substantial experience as an executive
   37  officer, director, or regulator of a financial institution more
   38  than 5 3 years before the date of the application, the office
   39  may modify the requirement and allow only one director to have
   40  direct financial institution experience within the last 5 3
   41  years. The proposed president or chief executive officer must
   42  have had at least 1 year of direct experience as an executive
   43  officer, director, or regulator of a financial institution
   44  within the last 5 3 years.
   45         Section 2. Subsections (2) and (5) of section 658.33,
   46  Florida Statutes, are amended to read:
   47         658.33 Directors, number, qualifications; officers.—
   48         (2) Not less than a majority of the directors must, during
   49  their whole term of service, be citizens of the United States,
   50  and at least a majority three-fifths of the directors must have
   51  resided in this state for at least 1 year preceding their
   52  election and must be residents therein during their continuance
   53  in office. In the case of a bank or trust company with total
   54  assets of less than $150 million, at least one, and in the case
   55  of a bank or trust company with total assets of $150 million or
   56  more, two of the directors who are not also officers of the bank
   57  or trust company must have had at least 1 year of direct
   58  experience as an executive officer, regulator, or director of a
   59  financial institution within the last 5 3 years.
   60         (5) The president, chief executive officer, or any other
   61  person, regardless of title, who has equivalent rank or leads
   62  the overall operations of a bank or trust company must have had
   63  at least 1 year of direct experience as an executive officer,
   64  director, or regulator of a financial institution within the
   65  last 5 3 years. This requirement may be waived by the office
   66  after considering the overall experience and expertise of the
   67  proposed officer and the condition of the bank or trust company,
   68  as reflected in the most recent regulatory examination report
   69  and other available data.
   70         Section 3. Subsection (6) of section 658.67, Florida
   71  Statutes, is amended to read:
   72         658.67 Investment powers and limitations.—A bank may invest
   73  its funds, and a trust company may invest its corporate funds,
   74  subject to the following definitions, restrictions, and
   75  limitations:
   76         (6) INVESTMENTS IN CORPORATIONS.—Up to an aggregate of 10
   77  percent of the total assets of A bank may not own be invested in
   78  the stock, obligations, or other securities issued by an
   79  individual corporation or entity which have an aggregate par
   80  value greater than 10 percent of the total assets of such bank
   81  of subsidiary corporations or other corporations or entities,
   82  except as limited or prohibited by federal law, and except that
   83  during the first 3 years of existence of a bank, such
   84  investments are limited to 5 percent of the total assets. The
   85  commission by rule, or the office by order, may further limit
   86  any type of investment made pursuant to this subsection if it
   87  finds that such investment would constitute an unsafe or unsound
   88  practice.
   89         Section 4. This act shall take effect July 1, 2018.