23705071, 69U-100.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23705071

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

FSC - Financial Institution Regulation

Chapter:

FINANCIAL INSTITUTIONS GENERALLY

Overview

RULE:

69U-100.003	Definitions
69U-100.004	Notification
69U-100.03852	Disapproval of Directors or Executive Officers
69U-100.045	Examination Manuals and Referenced Standards
69U-100.0451	Unsafe and Unsound Examination Fees
69U-100.057	Public Records Requests
69U-100.600	Appraisals, and Appraisal Standards and Policies of State Financial Institutions
69U-100.948	Reporting of Significant Events or Conditions
69U-100.956	Conflict of Interest Policy
69U-100.963	Automated Teller Machines and the Disclosure of Safety Information
69U-100.964	Transactions Relating to Iran or Terrorism

PURPOSE:

To update legal citations in the text and history of the rules; update forms, manuals, and federal regulations incorporated by reference; revise, clarify or delete language that is outdated, ambiguous, or unnecessary; and to update agency mailing, email, and website addresses. The proposed rule amendments include those intended to respond to the findings and comments by the Joint Administrative Procedures Committee pursuant to its authority in Joint Rule 4.6 of the Florida Legislature to review existing rules.

SUMMARY:

To amend Rule 69U-100.003 regarding international banking facilities to incorporate by reference the currently-effective federal rule containing the list of foreign, international, and supranational entities and to update citations; to amend Rule 69U-100.004 to update the agency’s address and add the agency’s email address to which notice of the intent to establish an international banking facility shall be sent; to amend Rule 69U-100.03852 to incorporate an updated Form OFR-U-10 Interagency Biographical and Financial Report, an updated addendum Form OFR-U-10A Authorization for Release of Confidential Information that permits online and electronic notarization, and to adopt and incorporate by reference a notice regarding the agency’s collection and use of social security numbers; to amend Rule 69U-100.045 to incorporate updated versions of the Federal Financial Institutions Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual and the Federal Deposit Insurance Corporation RMS Manual of Examination Policies, and to add the Federal Financial Institutions Examination Council Information Technology Examination Handbook on Information Security and the Federal Financial Institutions Examination Council Cybersecurity Assessment Tool; to amend Rule 69U-100.0451 to clarify the agency’s procedure for imposing costs the agency incurs in conducting examinations of unsafe and unsound financial institutions and the fines for a financial institution’s late payment of such costs; to amend Rule 69U-100.057 regarding requests for public records of failed financial institutions to delete processes and language that duplicate statutory provisions in Chapter 119, F.S., and existing agency policies; to amend Rule 69U-100.600 to increase the total loan value appraisal exemption to $400,000 from $250,000; to amend Rule 69U-100.948 to update the agency’s mailing address and add the agency’s email address for reporting significant events or conditions; to amend Rule 69U-100.956 regarding conflicts of interest to clarify the definition of “family relationship” for agency employees, to update the incorporated ethical standards of the Office of Financial Regulation and the Department of Financial Services for agency employees, and to clarify the types of discipline applicable to violations of the standards; to amend Rule 69U-100.963 to delete unnecessary language regarding safety precautions financial institutions must disclose to automated teller machine customers; and to amend Rule 69U-100.964 to incorporate the updated federal standards for due diligence policies, procedures, and controls regarding transactions relating to Iran or terrorism.

RULEMAKING AUTHORITY:

655.012(2), 655.0385(4), 655.071(3), 655.60(2), 655.963, 655.968 FS.

LAW:

220.63(5), 655.0385, 655.045, 655.057(2), 655.071(3), 655.60, 655.948, 655.963, 655.968, 658.21, 658.33 FS.

PRINT PUBLISH DATE:

9/30/2020 Vol. 46/191

COMMENTS:

From 9/30/2020 To 10/21/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.