The Florida Senate

658.65  Remote financial service units.--Any bank which is not authorized to do business in this state or does not have its principal office and place of business in this state is prohibited from using in this state any remote financial service unit or any associated system by which a remote financial service unit is operated. However, any bank which is not authorized to do business in this state or does not have its principal office and place of business in this state may use in this state any remote financial service unit or any associated system within this state by which such a remote financial service unit is operated if:

(1)  Such bank does not take deposits, either directly or indirectly, from any source whatsoever by use of the remote financial service unit or associated system;

(2)  Such bank by itself or in conjunction with another is not, directly or indirectly, the owner of, nor does it hold title to or rent or control the use of, the remote financial service unit or that part of the associated system that is within the state; and

(3)  The remote financial service unit or associated system:

(a)  Has as its owner:

1.  One or more banks, each of which is authorized to do business in this state or has its principal office and place of business in this state;

2.  One or more parent holding companies of a bank described in subparagraph 1.; or

3.  One or more subsidiaries of a bank described in subparagraph 1. or of a holding company described in subparagraph 2.; or

(b)  Is accessible by such bank or its customers only through computer or similar electronic systems used by, and the use of which is controlled by:

1.  One or more banks, each of which is authorized to do business in this state or has its principal office and place of business in this state;

2.  One or more parent holding companies of a bank described in subparagraph 1.; or

3.  One or more subsidiaries of a bank described in subparagraph 1. or of a holding company described in subparagraph 2.

However, nothing contained in this section prohibits any Federal Reserve Bank or branch thereof from operating any electronic funds transfer system in this state. Notwithstanding ss. 658.295 and 658.2953, nothing contained in this section grants any authority, directly or indirectly, for any bank or bank holding company, the operations of which are principally conducted outside this state, to operate a branch in this state or to acquire, directly or indirectly, any voting shares of, any interest in, or all or substantially all of the assets of any bank in this state. Nothing contained in this section, by negative implication or otherwise, applies to any association or credit union, regardless of whether such association or credit union has its principal office and place of business in this state.

History.--s. 1, ch. 75-134; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 55, 151, 152, ch. 80-260; s. 454, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 1, 2, ch. 83-30; s. 1, ch. 91-307; ss. 1, 132, ch. 92-303; s. 11, ch. 96-168.

Note.--Former s. 659.062.