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Florida Administrative Code (Last Updated: April 18, 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 |
1(1) In making a determination to assess any costs pursuant to Section 13655.045(1)(c), F.S., 15OFR must consider the size and condition of the financial institution, the gravity of the violation, the prior conduct of the person(s) and institution involved, the time elapsed between the last state examinations, and the extent to which a material improvement has occurred in the condition of the financial institution, subsidiary, or service corporation, including, but not limited to, a change in ownership or management, or infusion of additional capital.
85(2) OFR shall give notice to the financial institution, subsidiary, service corporation, or affiliate of the costs incurred. The notification shall contain the notice of opportunity for a hearing pursuant to Sections 117120.569 118and 119120.57, F.S. 121A request for hearing must be received by OFR within 21 days of receipt of such notification by the financial institution. If 143the financial institution, subsidiary, service corporation, or affiliate does not timely request a hearing, 157mailing of the payment 161of the costs incurred 165must be postmarked not later than 30 days after the date of receipt of 179the notification 181that such costs are due.
186(3) OFR shall levy a late payment of $100 per day or part thereof that payment 202of the costs incurred 206is overdue, unless it is excused for good cause 215due to incidental and isolated clerical omissions or other minor errors226.
227(4) If the financial institution, subsidiary, service corporation, or affiliate timely requests a hearing 241on the notification 244pursuant to Sections 247120.569 248and 249120.57, F.S., 251no fines for late payment 256of the costs incurred 260shall begin to accrue until 31 days after 268issuance of 270a final administrative order 274requiring payment of costs incurred or the exhaustion of all judicial appeals, whichever occurs later. Failure to remit payment on the 31st day shall constitute intentional late payment, and OFR shall levy an administrative fine of $1,000 per day for each day the payment of costs incurred is overdue324.
325Rulemaking Authority 327655.012(2) FS. 329Law Implemented 331655.045(1) FS. 333History–New 6-11-96, Formerly 3C-100.0451, Amended 1-18-21.
