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Florida Administrative Code (Last Updated: October 28, 2024) |
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69. Department of Financial Services |
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69U. FSC - Financial Institution Regulation |
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69U-100. Financial Institutions Generally |
1This rule contains information concerning requests for access to public records 12regarding failed state financial institutions17.
18(1) As used in this rule, the following definitions shall apply:
29(a) “Examination reports” means a Report of Examination conducted and prepared by OFR, pursuant to Section 45655.045(1)(a), F.S. 47“Examination report” does not include reports of examination prepared by any other state or appropriate federal regulatory agency, unless the department has received prior approval from such agency to release its examination reports. Any request to produce reports of examination conducted by any other state or federal regulatory agency (except those examination reports for which OFR has received prior approval to release) shall be made directly to such other state or federal agency.
120(b) “Failed state financial institution” means a state financial institution that has been declared by OFR to be insolvent and a receiver, liquidator or conservator has been appointed to wind up the affairs of the state financial institution.
158(c) “Operation reports” means any audit report submitted to OFR pursuant to Section 171655.045(1)(e), F.S.
173(2) Access to OFR records concerning failed state financial institutions is limited to examination and operation reports that have not previously been destroyed by OFR pursuant to Section 201655.057(10), F.S. 203Prior to public release of any such records, OFR shall review the failed state financial institution’s examination and operation reports and OFR shall prepare a public record file. The public file will not include information which is the property of any other state or federal regulatory agency, unless OFR has received prior approval from such agency to release its information. Additionally, the public file will not include information which discloses the identities of depositors, bondholders, members, borrowers, or stockholders, other than directors, officers or controlling stockholders of the failed state financial institution.
295Rulemaking Authority 297655.012(2) FS. 299Law Implemented 301655.057 FS. 303History–New 11-1-92, Amended 4-23-96, Formerly 3C-100.057, Amended 1-18-21.
