reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part III - International Trust Company Representative Offices (Ss. 663.4001-663.416) › 663.410 - Certification of capital accounts.

663.410 Certification of capital accounts.—Before opening an office in this state, and annually thereafter so long as an international trust company representative office is maintained in this state, an international trust entity licensed pursuant to this part must certify to the office the amount of its capital accounts, expressed in the currency of the home jurisdiction where it has been authorized by charter, license, or similar authorization by operation of law to carry on trust business. The dollar equivalent of these amounts, as determined by the office, is deemed to be the amount of its capital accounts. The annual certification of capital accounts must be received by the office on or before June 30 of each year.
History.—s. 32, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part III - International Trust Company Representative Offices (Ss. 663.4001-663.416) › 663.411 - Reports; records.

663.411 Reports; records.—
(1) An international trust entity that operates an office licensed under this part shall, at such times and in such form as the commission prescribes, make written reports in the English language to the office, under the oath of one of its officers, managers, or agents transacting business in this state, showing the amount of its assets and liabilities and containing such other matters as the commission or office requires. An international trust entity that maintains two or more representative offices may consolidate such information in one report unless the office requires otherwise for purposes of its supervision of the condition and operations of each such office. The late filing of such reports is subject to an administrative fine as prescribed under s. 655.045(2). If the international trust entity fails to make such report as directed by the office or if such report contains a false statement knowingly made, the same is grounds for revocation of the license of the international trust entity.
(2) An international trust entity that operates an office licensed under this part shall cause to be kept, at a location accepted by the office:
(a) Correct and complete books and records of account of the business operations transacted by such office. All policies and procedures relating specifically to the operations of such office, as well as any existing general ledger or subsidiary accounts, must be maintained in the English language; however, any policies and procedures of the international trust entity which are not specific to the operations of such office may be maintained in a language other than English.
(b) Current copies of the charter or statement of operation and bylaws of the international trust entity, relative to the operations of the international trust company representative office, and minutes of the proceedings of its directors, officers, or committees relative to the business of the international trust company representative office. Such records may be maintained in a language other than English and must be kept pursuant to s. 655.91 and be made available to the office, upon request, at any time during regular business hours of the international trust company representative office.
(3) Any failure to keep such records as required in subsection (2) or any refusal to produce such records upon request by the office is grounds for suspension or revocation of any license issued under this part.
(4) The office may require at any time that any document not written in the English language which the office deems necessary for the purposes of its regulatory and supervisory functions be translated into English at the expense of the international trust entity.
History.—s. 33, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part III - International Trust Company Representative Offices (Ss. 663.4001-663.416) › 663.413 - Application and examination fees.

663.413 Application and examination fees.—
(1) An application for a license to establish an international trust company representative office under this part must be accompanied by a nonrefundable $5,000 filing fee, payable to the office.
(2) An international trust entity that maintains an office licensed under this part must pay to the office examination fees that are determined by the commission by rule and that are calculated in a manner so as to be equal to the actual cost of each examiner’s participation in the examination, as measured by the examiner’s pay scale, plus any other expenses directly incurred in the examination. However, the examination fees may not be less than $200 per day for each examiner participating in the examination.
History.—s. 35, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part III - International Trust Company Representative Offices (Ss. 663.4001-663.416) › 663.414 - Rules; exemption from statement of estimated regulatory costs requirements.

663.414 Rules; exemption from statement of estimated regulatory costs requirements.—In addition to any other rulemaking authority it has under the financial institutions codes, the commission may adopt reasonable rules that it deems advisable for the administration of international trust entities under this part in the interest of protecting depositors, creditors, borrowers, or the public interest and in the interest of maintaining a sound banking and trust system in this state. Because of the difficulty in obtaining economic data with regard to such trusts, ss. 120.54(3)(b) and 120.541 do not apply to the adoption of rules pursuant to this section.
History.—s. 36, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part III - International Trust Company Representative Offices (Ss. 663.4001-663.416) › 663.415 - Travel expenses.

663.415 Travel expenses.—If domestic or foreign travel is deemed necessary by the office to effectuate the purposes of this part, the office must be reimbursed for actual, reasonable, and necessary expenses incurred in such domestic or foreign travel by the international trust company representative office under examination.
History.—s. 37, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.530 - Definitions.

663.530 Definitions.—
(1) As used in ss. 663.531-663.539, the term:
(a) “Foreign country” means a country other than the United States and includes any colony, dependency, or possession of such country notwithstanding any definitions in chapter 658, and any territory of the United States, including Guam, American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico.
(b) “Home-country regulator” means the supervisory authority or equivalent or other similarly sanctioned body, organization, governmental entity, or recognized authority, which has similar responsibilities in a foreign country in which and by whom an international trust entity is licensed, chartered, or has similar authorization to organize and operate.
(c) “International trust entity” means an international trust company or organization, or any similar business entity, or an affiliated or subsidiary entity that is licensed, chartered, or similarly permitted to conduct trust business in a foreign country or countries under the laws where such entity is organized and supervised.
(d) “Nonresident” has the same meaning as in s. 663.01.
(e) “Professional” means an accountant, attorney, or other financial services and wealth planning professional who is licensed by a governing body or affiliated with a licensed, chartered, or similarly authorized entity.
(f) “Qualified limited service affiliate” means a person or entity that is qualified under this part to perform the permissible activities outlined in s. 663.531 related to or for the benefit of an affiliated international trust entity.
(2) As used in ss. 663.531-663.539, the terms “affiliate,” “commission,” “executive officer,” “financial institution,” “financial institution-affiliated party,” “financial institutions codes,” “office,” “officer,” “state,” and “subsidiary” have the same meaning as provided in s. 655.005.
History.—s. 39, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.5325 - Civil action subpoena enforcement.

663.5325 Civil action subpoena enforcement.—
(1) Notwithstanding s. 655.059, a qualified limited service affiliate established under this chapter is not required to produce a book or record pertaining to a customer of an affiliated international trust entity that is located outside the United States or its territories in response to a subpoena if the book or record is maintained outside the United States or its territories and is not in the possession, custody, or control of the qualified limited service affiliate.
(2) This section applies only to a subpoena issued pursuant to the Florida Rules of Civil Procedure, the Federal Rules of Civil Procedure, or other similar law or rule of civil procedure in another state or territory of the United States. This section does not apply to a subpoena issued by or on behalf of a federal, state, or local government law enforcement agency, administrative or regulatory agency, legislative body, or grand jury and does not limit the power of the office to access all books and records in the exercise of the office’s regulatory and supervisory powers under the financial institutions codes.
History.—s. 43, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.533 - Applicability of the financial institutions codes.

663.533 Applicability of the financial institutions codes.—A qualified limited service affiliate is subject to the financial institutions codes. Without limiting the foregoing, the following provisions are applicable to a qualified limited service affiliate:
(1) Section 655.012, relating to general supervisory powers of the office.
(2) Section 655.031, relating to administrative enforcement guidelines.
(3) Section 655.032, relating to investigations, subpoenas, hearings, and witnesses.
(4) Section 655.0321, relating to restricted access to certain hearings, proceedings, and related documents.
(5) Section 655.033, relating to cease and desist orders.
(6) Section 655.034, relating to injunctions.
(7) Section 655.037, relating to removal of a financial institution-affiliated party by the office.
(8) Section 655.041, relating to administrative fines and enforcement.
(9) Section 655.057, relating to restrictions on access to public records.
(10) Section 655.059, relating to access to books and records.
(11) Section 655.0591, relating to trade secret documents.
(12) Section 655.91, relating to records of institutions and copies thereof; retention and destruction.
(13) Section 655.968, relating to financial institutions; transactions relating to Iran or terrorism.
This section does not prohibit the office from investigating or examining an entity to ensure that it is not in violation of this chapter or applicable provisions of the financial institutions codes.
History.—s. 44, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.534 - Events that require notice to be provided to the office.

663.534 Events that require notice to be provided to the office.—A qualified limited service affiliate must report to the office, within 15 days of its knowledge of the occurrence, any changes to the information previously relied upon by the office when qualifying or renewing a qualification under this part.
History.—s. 45, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.535 - Notice to customers.

663.535 Notice to customers.—All marketing documents and advertisements and any display at the location of the qualified limited service affiliate or at any trade or marketing event must contain the following statement in a contrasting color in at least 10-point type: “The Florida Office of Financial Regulation DOES NOT provide safety and soundness oversight of this company, does not provide any opinion as to any affiliated companies or products, and does not provide the oversight of this company’s affiliated international trust entities or the jurisdictions within which they operate. This company may not act as a fiduciary and may not accept the fiduciary appointment, execute or transmit fiduciary documents, take possession of any assets, create a fiduciary relationship, make discretionary decisions regarding the investment or distribution of fiduciary accounts, provide banking services, or promote or sell investments.”
History.—s. 46, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.536 - Recordkeeping requirements for trade, industry, or professional events.

663.536 Recordkeeping requirements for trade, industry, or professional events.—A qualified limited service affiliate who participates in a trade, industry, or professional event pursuant to s. 663.531 must keep a record of its participation in the event. The record must be maintained for at least 2 years following the event and must contain the following information:
(1) The date, time, and location of the event;
(2) To the extent known or available, a list of participants in the event, including other vendors, presenters, attendees, and targeted attendees;
(3) The nature and purpose of the event;
(4) The qualified limited service affiliate’s purpose for participating in the event; and
(5) Samples of materials or, when samples are unavailable, descriptions of materials provided by the qualified limited service affiliate to attendees and other participants.
History.—s. 47, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.537 - Examination or investigation of a qualified limited service affiliate.

663.537 Examination or investigation of a qualified limited service affiliate.—The office may conduct an examination or investigation of a qualified limited service affiliate at any time that it deems necessary to determine whether the qualified limited service affiliate or financial institution-affiliated party thereof has violated, or is about to violate, any provision of this chapter, any applicable provision of the financial institutions codes, or any rule adopted by the commission pursuant to this chapter or the financial institutions codes. The office shall conduct an examination of each qualified limited service affiliate at least once every 18 months to assess compliance with this part and the financial institutions codes. The office may conduct an examination, before or after qualification, of any person or entity that submits the written notice for qualification pursuant to s. 663.532 to confirm information provided in the written notice and to confirm the activities of the person or entity seeking qualification.
History.—s. 48, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.538 - Suspension, revocation, or voluntary surrender of qualification.

663.538 Suspension, revocation, or voluntary surrender of qualification.—
(1) A qualified limited service affiliate that proposes to terminate operations in this state shall surrender its qualification to the office and comply with such procedures as required by rule of the commission.
(2) A qualified limited service affiliate that fails to renew its qualification may be subject to a fine and penalty; however, such qualified limited service affiliate may renew its qualification within 30 days after expiration or may surrender the qualification in accordance with procedures prescribed by commission rule.
(3) The qualification of a qualified limited service affiliate in this state may be suspended or revoked by the office, with or without examination, upon the office’s determination that the qualified limited service affiliate does not meet all requirements for original or renewal qualification.
(4) If a qualified limited service affiliate surrenders its qualification or its qualification is suspended or revoked by the office, all rights and privileges afforded by this part to the qualified limited service affiliate cease.
(5) At least 60 days before a proposed date of voluntary termination of a qualification, a qualified limited service affiliate must provide to the office written notice by letter of its intention to surrender its qualification and terminate operations. The notice must include the proposed date of termination and the name of the officer in charge of the termination procedures.
(6) The office may conduct an examination of the books and records of a qualified limited service affiliate at any time after receipt of the notice of surrender of qualification to confirm the winding down of operations.
(7) Operations of a qualified limited service affiliate are deemed terminated effective upon the later of the expiration of 60 days from the date of the filing of the notice of voluntary surrender or upon the date provided in the notice of voluntary surrender, unless the office provides written notice specifying the grounds for denial of such proposed termination. The office may not deny a request to terminate unless it learns of the existence of any outstanding claim or claims against the qualified limited service affiliate, it finds that the requirements to terminate operations have not been satisfied, or there is an immediate and serious danger to the public health, safety, and welfare if the termination occurred.
History.—s. 49, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 663 - International Banking › Part IV - Qualified Limited Service Affiliates of International Trust Entities (Ss. 663.530-663.540) › 663.539 - Biennial qualification renewal.

663.539 Biennial qualification renewal.—A qualification must be renewed every 2 years. A qualification must be renewed by furnishing such information as the commission requires. A complete biennial renewal of qualification must include a declaration under penalty of perjury, signed by the executive officer or managing member of the qualified limited service affiliate seeking renewal, declaring that the information submitted for the purposes of renewal is true and correct to the best of his or her knowledge, and confirming or providing all of the following:
(1) That the qualified limited service affiliate is in compliance with this part.
(2) The physical location of the principal place of business of the qualified limited service affiliate.
(3) The telephone number of the qualified limited service affiliate.
(4) A list of the qualified limited service affiliate’s current directors, executive officers, principal shareholder, managers, managing members, or equivalent positions.
(5) Any updates or changes in information which were not previously provided either in the initial qualification or in subsequent qualification renewals or which were not previously disclosed to the office.
History.—s. 50, ch. 2017-83.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.0211 - Name.

665.0211 Name.—The name of every association shall include either the words “savings association,” “savings bank,” or “savings and loan association.” The use of the words “National,” “Federal,” “United States,” “insured,” or “guaranteed,” separately or in any combination thereof with other words or syllables, is prohibited as part of the corporate name of an association.
History.—s. 5, ch. 69-39; ss. 10, 12, 35, ch. 69-106; s. 1, ch. 74-290; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 5, 57, 58, ch. 80-257; ss. 2, 3, ch. 81-318; s. 2, ch. 84-20; ss. 39, 51, ch. 84-216; ss. 47, 58, ch. 85-82; s. 1, ch. 91-307; ss. 1, 177, ch. 92-303.
Note.—Former s. 665.051.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.0315 - Reorganization, Merger, or Consolidation With a Foreign Association.

665.0315 Reorganization, merger, or consolidation with a foreign association.—
(1) An association shall have power to reorganize or merge or consolidate with a foreign association, as defined in s. 665.1001, subject to the approval of the office.
(2) If the resulting or surviving association is to be a foreign association, the office shall not approve the proposed transaction unless:
(a) The laws of the state in which the foreign association has its principal place of business permit associations in that state to reorganize, merge, or consolidate with Florida associations in transactions in which the resulting or surviving association is a Florida association; and
(b) The constituent Florida association has been in existence and continuously operating for more than 2 years.
(3) A proposed transaction in which the resulting or surviving association is to be a foreign association shall be subject to any conditions, restrictions, and requirements that would apply in the state where the foreign association has its principal place of business if the resulting or surviving association were to be a Florida association, which conditions, restrictions, and requirements would not apply to a reorganization, merger, or consolidation of associations all of which are located in that state.
(4) A foreign association which is the resulting or surviving association in a reorganization, merger, or consolidation with a Florida association shall not be considered a Florida association.
(5) Each application for reorganization, merger, or consolidation with a foreign association shall be accompanied by a nonrefundable filing fee as provided in s. 658.73(2)(g).
History.—ss. 2, 7, ch. 86-58; s. 1, ch. 91-307; ss. 1, 178, ch. 92-303; s. 1858, ch. 2003-261.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.0335 - Supervisory Case; Emergency Conversion, Reorganization, Merger; Consolidation; Acquisition of Assets.

665.0335 Supervisory case; emergency conversion, reorganization, merger; consolidation; acquisition of assets.—
(1) The office may determine that a state or federal association is a supervisory case if it finds that:
(a) The association is in an impaired condition; or
(b) The association is in imminent danger of being in an impaired condition.
Any such finding by the office shall be based upon reports furnished to it by a state or federal savings and loan association examiner or upon other evidence from which it is reasonable to conclude that the association is a supervisory case.
(2) Notwithstanding any other provision of this chapter or chapter 120, if the office finds that immediate action is necessary to protect the interests of depositors and reduce the potential for claims against the insurance fund, or in order to prevent the probable failure of a state or federal association which is a supervisory case, the office may, with the concurrence of the appropriate federal regulatory agency in the case of any association the deposits of which are federally insured, issue an emergency order authorizing:
(a) The conversion of such association from a state to a federal charter, or vice versa, without change of business form;
(b) The reorganization, merger, or consolidation of such state or federal association with another state or federal association;
(c) The conversion of such state or federal association into a state or federal capital stock association; or
(d) Any state or federal association to acquire the assets of, and assume the liabilities of, such failing association.
History.—ss. 36, 46, ch. 82-214; s. 2, ch. 86-278; s. 25, ch. 89-229; s. 1, ch. 91-307; ss. 1, 180, ch. 92-303; s. 1860, ch. 2003-261.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.0345 - Regulatory Supervision of Foreign Associations.

665.0345 Regulatory supervision of foreign associations.—The office may enter into cooperative agreements with other regulatory agencies to facilitate the regulation of foreign associations doing business in this state. The office may accept reports of examinations and other records from such other agencies in lieu of conducting its own examinations of foreign associations. The office may take any action jointly with other regulatory agencies having concurrent jurisdiction over associations doing business in this state or may take such actions independently in order to carry out its responsibilities.
History.—ss. 4, 7, ch. 86-58; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1862, ch. 2003-261.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.0711 - Loans.

665.0711 Loans.—As an annual average, based on monthly computations, at least 50 percent of assets other than liquid assets of an association shall be invested in either real estate loans or interests therein on home property or primarily residential property for terms not in excess of 40 years or for such additional terms as may be provided by rule. Recognizing that associations are chartered to serve the convenience and needs of the communities in which they are chartered to do business, that the convenience and needs of communities include the need for credit services as well as deposit services, and that associations have a continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered, at least 40 percent of the assets required to be invested by this section shall be secured by property within this state, unless a lower percentage is established by the commission or office pursuant to s. 655.061, except that loans insured or guaranteed in whole or in part by the United States are not subject to this restriction.
History.—s. 38, ch. 69-39; ss. 12, 35, ch. 69-106; s. 1, ch. 71-93; s. 1, ch. 74-55; s. 3, ch. 76-168; s. 1, ch. 77-179; s. 1, ch. 77-457; s. 4, ch. 78-40; ss. 11, 15, ch. 79-274; s. 1, ch. 79-592; ss. 38, 57, 58, ch. 80-257; ss. 2, 3, ch. 81-318; ss. 44, 46, ch. 82-214; ss. 49, 51, ch. 84-216; s. 1, ch. 91-307; ss. 1, 183, ch. 92-303; s. 1863, ch. 2003-261.
Note.—Former s. 665.381.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.074 - Loan Expenses.

665.074 Loan expenses.—Every association may require borrowers to pay all reasonable expenses incurred in connection with the making, closing, disbursing, extending, readjusting, or renewing of real estate loans. Without limiting the generality of the foregoing, such expenses may include appraisal, attorney, abstract, recording, and registration fees; title examination; title insurance; mortgage loan insurance; credit report; survey; drawing of papers; escrow services; loan closing costs; and taxes or charges imposed upon or in connection with the making and recording of any loan. Every association also may require borrowers to pay the cost of all other necessary and incidental services rendered by the association or by others in connection with real estate and other loans in such reasonable amounts as may be fixed by the board of directors. Without limiting the generality of the foregoing, such costs may include the costs of services of inspectors, engineers, and architects. Such initial charges may be collected by the association from the borrower and paid to any person, including any director, officer, or employee of the association rendering such services, or paid directly by the borrower. In lieu of such initial charges to cover such expenses and costs, an association may make a reasonable charge, part or all of which may be retained by the association which renders such service or part or all of which may be paid to others who render such services. The fees and charges authorized by this chapter shall be in addition to interest authorized by law and shall not be deemed to be a part of the interest collected or agreed to be paid on such loans within the meaning of any law of this state which limits the rate of interest which may be exacted in any transaction. No director, officer, or employee of an association shall receive any fee or other compensation of any kind in connection with procuring any loan for an association, except for services actually rendered as above provided.
History.—s. 40, ch. 69-39; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 40, 57, 58, ch. 80-257; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; ss. 1, 184, ch. 92-303.
Note.—Former s. 665.401.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.075 - Dealing With Successors in Interest.

665.075 Dealing with successors in interest.—In the case of any investment made by an association in a real estate loan, in the event the ownership of the real estate security or any part thereof becomes vested in a person other than the party or parties originally executing the security instruments, and provided there is not an agreement in writing to the contrary, an association may, without notice to such party or parties, deal with such successor or successors in interest with reference to said mortgage and the debt thereby secured in the same manner as with such party or parties, and may forbear to sue or may extend time for payment of or otherwise modify the terms of the debt secured thereby, without discharging or in any way affecting the original liability of such party or parties thereunder or upon the debt thereby secured.
History.—s. 41, ch. 69-39; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 41, 57, 58, ch. 80-257; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303.
Note.—Former s. 665.411.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 665 - Capital Stock Associations › 665.1011 - Federal Associations.

665.1011 Federal associations.—Federal associations, which are incorporated pursuant to the laws of the United States, as now or hereafter amended, and the principal place of business of which is located within this state, are not foreign corporations or foreign associations. Unless federal laws or regulations provide otherwise, such federal associations and the members or stockholders thereof shall possess all of the rights, powers, privileges, benefits, immunities, and exemptions that are now provided or that hereafter may be provided by the laws of this state for associations organized under the laws of this state and for the members or stockholders thereof. This provision is additional and supplemental to any provision which, by specific reference, is applicable to federal associations and the members or stockholders thereof.
History.—s. 51, ch. 69-39; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 51, 57, 58, ch. 80-257; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; ss. 1, 186, ch. 92-303.
Note.—Former s. 665.511.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.004 - Name.

667.004 Name.—The name of every savings bank shall include the words “savings bank.” The use of the words “National,” “Federal,” “United States,” “insured,” or “guaranteed,” separately or in any combination thereof with other words or syllables, is prohibited as part of the corporate name of a savings bank.
History.—s. 15, ch. 97-30.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.005 - Reorganization, Merger, or Consolidation With a Foreign Savings Bank.

667.005 Reorganization, merger, or consolidation with a foreign savings bank.—
(1) A savings bank shall have the power to reorganize, merge, or consolidate with a foreign savings bank, as defined in s. 667.013, subject to the approval of the office.
(2) If the resulting or surviving savings bank is to be a foreign savings bank, the office shall not approve the proposed transaction unless:
(a) The laws of the state in which the foreign savings bank has its principal place of business permit savings banks in that state to reorganize, merge, or consolidate with Florida savings banks in transactions in which the resulting or surviving savings bank is a Florida savings bank.
(b) The constituent Florida savings bank has been in existence and continuously operating for more than 2 years.
(3) A proposed transaction in which the resulting or surviving savings bank is to be a foreign savings bank shall be subject to any conditions, restrictions, and requirements that would apply in the state where the foreign savings bank has its principal place of business if the resulting or surviving savings bank were to be a Florida savings bank, which conditions, restrictions, and requirements would not apply to a reorganization, merger, or consolidation of savings banks all of which are located in that state.
(4) A foreign savings bank which is the resulting or surviving savings bank in a reorganization, merger, or consolidation with a Florida savings bank shall not be considered a Florida savings bank.
(5) Each application for reorganization, merger, or consolidation with a foreign savings bank shall be accompanied by a nonrefundable filing fee as provided in s. 658.73(2)(g).
History.—s. 15, ch. 97-30; s. 1867, ch. 2003-261.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.007 - Supervisory Case; Emergency Conversion, Reorganization, Merger; Consolidation; Acquisition of Assets.

667.007 Supervisory case; emergency conversion, reorganization, merger; consolidation; acquisition of assets.—
(1) The office may determine that a state or federal savings bank is a supervisory case if it finds that:
(a) The savings bank is insolvent; or
(b) The savings bank is imminently insolvent.
Any such finding by the office shall be based upon reports furnished to it by a state or federal regulatory agency or upon other evidence from which it is reasonable to conclude that the savings bank is a supervisory case.
(2) Notwithstanding any other provision of this chapter or chapter 120, if the office finds that immediate action is necessary to protect the interests of depositors and reduce the potential for claims against the insurance fund, or in order to prevent the probable failure of a state or federal savings bank which is a supervisory case, the office may, with the concurrence of the appropriate federal regulatory agency in the case of any savings bank the deposits of which are federally insured, issue an emergency order authorizing:
(a) The conversion of such savings bank from a state to a federal charter, or vice versa, without change of business form;
(b) The reorganization, merger, or consolidation of such state or federal savings bank with another state or federal savings bank;
(c) The conversion of such state or federal savings bank into a state or federal capital stock savings bank; or
(d) Any state or federal savings bank to acquire the assets of, and assume the liabilities of, such failing savings bank.
History.—s. 15, ch. 97-30; s. 1869, ch. 2003-261.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.010 - Loans.

667.010 Loans.—On an annual average, based on monthly computations, a savings bank shall have invested at least 50 percent of assets, other than liquid assets of a savings bank invested in either real estate loans or interests therein on home property or primarily residential property and not more than 30 percent invested in loans for agricultural, business, corporate, or commercial purposes.
History.—s. 15, ch. 97-30.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.011 - Loan Expenses.

667.011 Loan expenses.—Every savings bank may require borrowers to pay all reasonable expenses incurred in connection with the making, closing, disbursing, extending, readjusting, or renewing of real estate loans. Without limiting the generality of the foregoing, such expenses may include appraisal, attorney, abstract, recording, and registration fees; title examination; title insurance; mortgage loan insurance; credit report; survey; drawing of papers; escrow services; loan closing costs; and taxes or charges imposed upon or in connection with the making and recording of any loan. Every savings bank also may require borrowers to pay the cost of all other necessary and incidental services rendered by the savings bank or by others in connection with real estate and other loans in such reasonable amounts as may be fixed by the board of directors. Without limiting the generality of the foregoing, such costs may include the costs of services of inspectors, engineers, and architects. Such initial charges may be collected by the savings bank from the borrower and paid to any person, including any director, officer, or employee of the savings bank rendering such services, or paid directly by the borrower. In lieu of such initial charges to cover such expenses and costs, a savings bank may make a reasonable charge, part or all of which may be retained by the savings bank which renders such service or part or all of which may be paid to others who render such services. The fees and charges authorized by this chapter shall be in addition to interest authorized by law and shall not be deemed to be a part of the interest collected or agreed to be paid on such loans within the meaning of any law of this state which limits the rate of interest which may be exacted in any transaction. No director, officer, or employee of a savings bank shall receive any fee or other compensation of any kind in connection with procuring any loan for a savings bank, except for services actually rendered as provided in this section.
History.—s. 15, ch. 97-30.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.012 - Dealing With Successors in Interest.

667.012 Dealing with successors in interest.—In the case of any investment made by a savings bank in a real estate loan, in the event the ownership of the real estate security or any part thereof becomes vested in a person other than the party or parties originally executing the security instruments, and provided there is not an agreement in writing to the contrary, a savings bank may, without notice to such party or parties, deal with such successor or successors in interest with reference to said mortgage and the debt thereby secured in the same manner as with such party or parties, and may forbear to sue or may extend time for payment of or otherwise modify the terms of the debt secured thereby, without discharging or in any way affecting the original liability of such party or parties thereunder or upon the debt thereby secured.
History.—s. 15, ch. 97-30.
2023 Florida Statutes › Title XXXVIII - Banks and Banking › Chapter 667 - Savings Banks › 667.013 - Foreign Savings Banks.

667.013 Foreign savings banks.—
(1) DEFINED.—For the purposes of this section, the term “foreign savings bank” includes any domestic joint venture, business trust, syndicate, firm, company, savings bank, fiduciary, partnership, or corporation, and all other groups or combinations, by whatever name called, actually engaged in the business of a savings bank, the principal business office of which is located outside the territorial limits of this state.
(2) ACTION BY OFFICE.—The office is authorized, empowered, and directed to obtain an injunction or to take any other action necessary to prevent any foreign savings bank from unlawfully doing any business of a savings bank in this state.
(3) ACTIVITIES NOT CONSIDERED “DOING BUSINESS.”—For the purposes of this section and any other law of this state prohibiting, limiting, or regulating the doing of business in this state by foreign savings banks or foreign corporations of any type, any federal savings bank, the principal office of which is located outside this state, and any foreign savings bank which is subject to state or federal supervision, or both, which by law are subject to periodic examination by such supervisory authority and to a requirement of periodic audit, shall not be considered to be doing business in this state by reason of engaging in any of the following activities:
(a) The purchase, acquisition, holding, sale, assignment, transfer, collecting, and enforcement of obligations or any interest therein secured by real estate mortgages or other instruments in the nature of a mortgage, covering real property located in this state, or the foreclosure of such instruments, or the acquisition of title to such property by foreclosure, or otherwise, as a result of default under such instruments, or the holding, protection, rental, maintenance, and operation of the property so acquired, or the disposition thereof, provided such savings banks shall not hold, own, or operate such property for a period exceeding 5 years without securing the approval of the office.
(b) The advertising or solicitation of savings accounts or the making of any representation with respect thereto in this state through the medium of mail, radio, television, magazines, or newspapers or any other medium which is published or circulated within this state, provided that such advertising, solicitation, or the making of such representations is accurately descriptive of the facts.
History.—s. 15, ch. 97-30; s. 1871, ch. 2003-261.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part I - Electronic Signatures (Ss. 668.001-668.006) › 668.001 - Short title.

668.001 Short title.—This act may be cited as the “Electronic Signature Act of 1996.”
History.—s. 1, ch. 96-224.
Note.—Former s. 282.70.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part I - Electronic Signatures (Ss. 668.001-668.006) › 668.002 - Legislative intent.

668.002 Legislative intent.—It is the intent of the Legislature that this act:
(1) Facilitate economic development and efficient delivery of government services by means of reliable electronic messages.
(2) Enhance public confidence in the use of electronic signatures.
(3) Minimize the incidence of forged electronic signatures and fraud in electronic commerce.
(4) Foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to writings in any electronic medium.
(5) Assure that proper management oversight and accountability are maintained for agency-conducted electronic commerce.
History.—s. 2, ch. 96-224.
Note.—Former s. 282.71.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part I - Electronic Signatures (Ss. 668.001-668.006) › 668.003 - Definitions.

668.003 Definitions.—As used in this act:
(1) “Certificate” means a computer-based record which:
(a) Identifies the certification authority.
(b) Identifies the subscriber.
(c) Contains the subscriber’s public key.
(d) Is digitally signed by the certification authority.
(2) “Certification authority” means a person who issues a certificate.
(3) “Digital signature” means a type of electronic signature that transforms a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine:
(a) Whether the transformation was created using the private key that corresponds to the signer’s public key.
(b) Whether the initial message has been altered since the transformation was made.
A “key pair” is a private key and its corresponding public key in an asymmetric cryptosystem, under which the public key verifies a digital signature the private key creates. An “asymmetric cryptosystem” is an algorithm or series of algorithms which provide a secure key pair.
(4) “Electronic signature” means any letters, characters, or symbols, manifested by electronic or similar means, executed or adopted by a party with an intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with such writing.
History.—s. 4, ch. 96-224.
Note.—Former s. 282.72.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part I - Electronic Signatures (Ss. 668.001-668.006) › 668.004 - Force and effect of electronic signature.

668.004 Force and effect of electronic signature.—Unless otherwise provided by law, an electronic signature may be used to sign a writing and shall have the same force and effect as a written signature.
History.—s. 5, ch. 96-224.
Note.—Former s. 282.73.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part I - Electronic Signatures (Ss. 668.001-668.006) › 668.006 - Control procedures.

668.006 Control procedures.—The head of each agency shall be responsible for adopting and implementing control processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of business transactions conducted using electronic commerce.
History.—s. 7, ch. 96-224.
Note.—Former s. 282.75.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.60 - Short title; application.

668.60 Short title; application.—This part may be known by the popular name of the “Electronic Mail Communications Act.” Except as otherwise provided, this part applies to unsolicited commercial electronic mail.
History.—s. 1, ch. 2004-233.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.601 - Legislative intent.

668.601 Legislative intent.—This part is intended to promote the integrity of electronic commerce and shall be construed liberally in order to protect the public and legitimate businesses from deceptive and unsolicited commercial electronic mail.
History.—s. 1, ch. 2004-233.
2023 Florida Statutes › Title XXXIX - Commercial Relations › Chapter 668 - Electronic Commerce › Part III - Electronic Mail Communications (Ss. 668.60-668.610) › 668.603 - Prohibited activity.

668.603 Prohibited activity.—A person may not:
(1) Initiate or assist in the transmission of an unsolicited commercial electronic mail message from a computer located in this state or to an electronic mail address that is held by a resident of this state which:
(a) Uses a third party’s Internet domain name without permission of the third party;
(b) Contains falsified or missing routing information or otherwise misrepresents, falsifies, or obscures any information in identifying the point of origin or the transmission path of the unsolicited commercial electronic mail message;
(c) Contains false or misleading information in the subject line; or
(d) Contains false or deceptive information in the body of the message which is designed and intended to cause damage to the receiving device of an addressee or of another recipient of the message. However, this section does not apply to electronic mail messages resulting from or created by a computer virus which are sent or retransmitted from a computer or other electronic device without the sender’s knowledge or consent.
(2) Distribute software or any other system designed to falsify missing routing information identifying the point of origin or the transmission path of the commercial electronic mail message.
History.—s. 1, ch. 2004-233.