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Florida Administrative Code (Last Updated: June 27, 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) As used in Rule 669U-100.963, 7F.A.C., unless the context otherwise requires, the term:
15(a) “Access device” has the same meaning as set forth in Federal Reserve Board Regulation E, 3112 C.F.R., 33part 205, promulgated pursuant to the Electronic Fund Transfer Act, 4315 U.S.C. §§1601 46et seq.
48(b) “Automated teller machine” means any electronic information processing device located in this state which accepts or dispenses cash in connection with a credit, deposit, checking, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.
114(2) Section 116655.963, F.S., 118requires customers receiving access devices to automated teller machines to also be furnished information regarding safety precautions as to the automated teller machine’s usage. Such information must be furnished by personally delivering or mailing the information to each customer’s mailing address. In addition, Section 162655.963, F.S., 164gives OFR discretionary specific authority relating to the substance of such safety information. Pursuant to such statutory authority, OFR provides the following guidelines relating to the type of safety precaution issues which should be addressed:
199(a) The importance of being alert and aware of the surrounding area when using an automated teller machine;
217(b) The advantage of being accompanied by another person when using an automated teller machine;
232(c) Recommendations relating to the proper handling of cash proceeds from an Automated Teller Machine, access device and the consumer’s Personal Identification Number (PIN);
256(d) Recommendations concerning actions consumers should take when confronted with suspicious activities while engaging in an automated teller machine transaction.
276Rulemaking Authority 278655.012(2), 279655.963 FS. 281Law Implemented 283655.963 FS. 285History–New 1-31-95, Formerly 3C-100.963, Amended 1-18-21.
