Fla. Admin. Code Ann. R. 69U-105.409 - Mobile Banking Units, Account Service Representatives, and Courier Services

Current through Reg. 47, No. 249; December 28, 2021

(1) With the prior approval of OFR, state financial institutions may provide banking services through mobile banking units, provided such units stop at predetermined locations within counties where the institution is otherwise authorized by OFR to operate. These mobile banking units shall be considered branches, and an application, pursuant to Rule 69U-105.402, F.A.C., along with the appropriate filing fee, shall be required.
(a) During each stop, the mobile banking unit shall be accessible to banking customers for intervals of not less than two hours and each stop location shall be utilized at least once each week in accordance with a published schedule. The published schedule may be altered or amended to provide for changes in operating hours of other offices of the state financial institution or to accommodate emergency situations as defined in Section 655.90, F.S.
(b) Each state financial institution providing mobile banking services shall carry adequate fidelity, robbery, and hazard insurance coverage commensurate with the risks associated with the operation of such unit.
(2) Account Service Representative Activities.
(a) With the prior approval of OFR, state financial institutions may engage in account service representative activities at public events and commercial locations including governmental, educational, and health facilities for the purpose of opening deposit accounts and providing services incidental thereto. However, access to such locations and facilities must be available to other institutions on a nondiscriminatory basis. No account paying or receiving services shall be provided through such activities, except the acceptance of an initial deposit to a new account.
(b) Account service representative activities must be established at predetermined locations and times, within counties where the institution is otherwise authorized by law to operate. These activities shall not be considered branches, and an application, pursuant to Rule 69U-105.402, F.A.C., will not be required. However, the institution shall provide OFR with prior written notice of its intent to engage in such activities, including confirmation that the above prerequisites have been met.
(c) Each state financial institution providing account service representative activities shall carry adequate fidelity, robbery, and hazard insurance coverage commensurate with the risks associated with the operation of such activities.
(3) Courier Services.
(a) Definitions:
1. "Branching services" means activities or items relating to the receipt of deposits, payment of checks, or lending of money.
2. "Courier service" means any service offered by a state financial institution to its customers to pick up from and deliver to specific customers items related to transactions between the institution and such customers.
3. A "third party" means a person other than the state financial institution who owns the courier service and its facilities (or rents these from a party other than the institution), and who employs persons engaged in the provision of the service. The third party must be available to the general public and operate under a name separate from the institution and shall not advertise the service as being provided by the institution. The third party must assume full responsibility for all items in transit and shall act as the agent for the customer while the items are picked up, carried and delivered.
(b) Items Transported by a Third Party. State financial institutions may provide courier services for the pick up from and delivery to customers, items that relate to branching activities, provided the courier service is established and operated by a third party. Branch service items transported by a third party shall be considered received by the institution when delivered to the institution.
(c) Items Transported by Financial Institution-Owned Courier Service. A state financial institution may establish its own courier service to carry items related to branching activities, provided that such service shall only operate in the county(ies) where such institution has lawfully established banking offices, and provided that OFR is previously notified of the establishment of such a service. Branch service items transported by an institution-owned courier service shall be considered received by the institution when delivered to the courier service.
(d) Courier of Non-Branching Items. A state financial institution may provide courier services for the pick up and delivery of items not related to branching activities through the establishment of their own service or by use of a third party. Such services may be provided anywhere within this state if currency, deposits, checks, or other items related to branching services are not transported.
(4) Operation and Conditions. Each state financial institution offering courier services shall carry adequate fidelity, robbery, and hazard insurance coverage commensurate with the risks associated with the service.

Notes

Fla. Admin. Code Ann. R. 69U-105.409
Specific Authority 655.012(3) FS. Law Implemented 655.012(3), 655.90, 658.12(4), 658.26, 658.73, 665.013(11), 667.03 FS.
New 5-22-96, Amended 4-15-98, Formerly 3C-105.409.

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