DEPARTMENT OF FINANCIAL SERVICES
FSC - Financial Institution Regulation
RULE NO.:RULE TITLE:
69U-140.002Applications
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 92, May 11, 2016 issue of the Florida Administrative Register.
(1) No change.
(2) An applicant which seeks authority to establish an international branch, international bank agency, international administrative office, or an international representative office may, in lieu of submitting its application on the form prescribed by the OFR in subsection (1) above, submit its an application on such form forms and containing such information as is required by the Board of Governors of the Federal Reserve System. pursuant to the International Banking Act of 1978, as amended on December 15, 1992. However, an application submitted to OFR in such form shall be accompanied by or supplemented with any additional information which is requested by OFR and required by the Financial Institutions Codes.
(3) through (4) No change.
(5) Notice Regarding Collection and Use of Social Security Numbers. The forms incorporated by reference in this rule request that the applicant provide his or her social security number. In accordance with Section 119.071(5)(a)2.a. and b., F.S., the OFR gives the following notice to applicants regarding the OFR’s collection and use of social security numbers:
(a) The OFR’s collection of social security numbers is not expressly authorized by or mandatory under federal or state law, but it is imperative for the performance of the OFR’s duties and responsibilities as prescribed by Sections 663.05(5) and (8), F.S., to ensure the safe and sound management and operations of the international trust company representative office in this state.
(b) Social security numbers collected by the OFR may not be used by the OFR for any purpose other than the purpose provided in this notice.
(c) Social security numbers held by the OFR are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption does not supersede any federal law prohibiting the release of social security numbers or any other applicable public records exemption for social security numbers existing prior to May 13, 2002, or created thereafter.
(d) Social security numbers held by the OFR may be disclosed if any of the following apply:
1. The disclosure of the social security number is expressly required by federal or state law or a court order;
2. The disclosure of the social security number is necessary for the receiving agency or governmental entity to perform its duties and responsibilities;
3. The individual expressly consents in writing to the disclosure of his or her social security number;
4. The disclosure of the social security number is made to comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or Presidential Executive Order 13224;
5. The disclosure of the social security number is made to a commercial entity for the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 et seq.; or the Financial Services Modernization Act of 1999, 15 U.S.C. ss. 6801 et seq., provided that the authorized commercial entity complies with the requirements of this paragraph;
6. The disclosure of the social security number is for the purpose of the administration of health benefits for an agency employee or his or her dependents;
7. The disclosure of the social security number is for the purpose of the administration of a pension fund administered for the agency employee’s retirement fund, deferred compensation plan, or defined contribution plan; or
8. The disclosure of the social security number is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State.
Rulemaking Authority 655.012(2), 663.05(4), (8), 663.13 FS. Law Implemented 119.071(5)(a), 663.04, 663.05, 663.10 FS. History–New 7-21-81, Amended 12-20-82, 3-8-84, Formerly 3C-15.09, Amended 2-9-87, 10-1-87, 10-10-88, 1-24-89, Formerly 3C-15.009, Amended 3-22-93, 9-5-94, Formerly 3C-140.050, Amended 11-5-97, 3-11-02, Formerly 3C-140.002, Amended _____.
The following changes have been made to Form OFR-U-20D, Application for the Establishment of an International Trust Company Representative Office, which is incorporated by reference in subsection (1) of the rule:
Page 7, #12, delete “should provide adequate assurances” and replace with “shall certify in writing.”
Page 7, #14, change “apply” to “applies.”
