Bill Text: FL S0828 | 2015 | Regular Session | Introduced

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Bill Title: International Banking Corporations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Judiciary, companion bill(s) passed, see CS/CS/SB 806 (Ch. 2015-64) [S0828 Detail]

Download: Florida-2015-S0828-Introduced.html

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       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.