Fla. Stat. 655.017
Local regulation preempted


(1)

A county or municipality may not enact or enforce a resolution, ordinance, or rule that regulates financial or lending activities, including a resolution, ordinance, or rule that disqualifies persons from doing business with a county or municipality based on lending interest rates, or that imposes reporting requirements or other obligations regarding the financial services or lending practices of persons or entities, and subsidiaries or affiliates thereof which:Are subject to the jurisdiction of the office pursuant to the financial institutions codes;Are subject to the jurisdiction of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;Originate, purchase, sell, assign, secure, or service property interests or obligations created by financial transactions or loans made, executed, or originated by persons referred to in paragraph (a) or paragraph (b) which assist or facilitate such transactions;Are chartered by the United States Congress to engage in secondary market mortgage transactions; orAre acting on behalf of the Florida Housing Finance Corporation.

(a)

Are subject to the jurisdiction of the office pursuant to the financial institutions codes;

(b)

Are subject to the jurisdiction of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;

(c)

Originate, purchase, sell, assign, secure, or service property interests or obligations created by financial transactions or loans made, executed, or originated by persons referred to in paragraph (a) or paragraph (b) which assist or facilitate such transactions;

(d)

Are chartered by the United States Congress to engage in secondary market mortgage transactions; or

(e)

Are acting on behalf of the Florida Housing Finance Corporation.

(2)

This section does not prevent a county or municipality from engaging in a civil investigation, initiating an administrative proceeding, or commencing a civil proceeding to determine compliance with or to enforce a state law, a rule or order of a state agency, or an ordinance or rule of a county or municipality which is not preempted pursuant to this section.

(3)

Notwithstanding subsection (2), a financial institution shall notify the office of any civil investigation or administrative or civil proceeding initiated by a county or municipality in accordance with s. 655.948. The office shall have sole and exclusive jurisdiction to initiate appropriate administrative or civil proceedings to enforce such laws, rules, or orders if the office determines that such investigation or proceeding:Is based on a local resolution, ordinance, or rule that is preempted pursuant to subsection (1); orDirectly and specifically regulates the manner, content, or terms and conditions of a financial transaction or account related thereto, that a financial institution is authorized to engage in, or prevents, significantly interferes with, or alters the exercise of powers granted to a financial institution under the financial institutions codes or any applicable federal law or regulation.

(a)

Is based on a local resolution, ordinance, or rule that is preempted pursuant to subsection (1); or

(b)

Directly and specifically regulates the manner, content, or terms and conditions of a financial transaction or account related thereto, that a financial institution is authorized to engage in, or prevents, significantly interferes with, or alters the exercise of powers granted to a financial institution under the financial institutions codes or any applicable federal law or regulation.

(4)

This section does not limit or restrict the powers of the Department of Legal Affairs or the law enforcement agencies of this state to commence a civil or criminal action, as applicable.

Source: Section 655.017 — Local regulation preempted, https://www.­flsenate.­gov/Laws/Statutes/2024/0655.­017 (accessed Aug. 7, 2025).

655.001
Purpose
655.005
Definitions
655.012
General supervisory powers
655.013
Effect on existing financial institutions
655.015
Construction
655.016
Liability when acting upon rule, order, or declaratory statement
655.017
Local regulation preempted
655.031
Administrative enforcement guidelines
655.032
Investigations, subpoenas, hearings, and witnesses
655.033
Cease and desist orders
655.034
Injunctions
655.035
Military lending
655.037
Removal of a financial institution-affiliated party by the office
655.41
Definitions
655.041
Administrative fines
655.043
Articles of incorporation
655.044
Accounting practices
655.045
Examinations, reports, and internal audits
655.047
Assessments
655.049
Deposit of fees and assessments
655.50
Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act
655.51
Employment information
655.55
Law applicable to deposits in and contracts relating to extensions of credit by a deposit or lending institution located in this state
655.56
Collection of fines, interest, or premiums on loans made by financial institutions
655.057
Records
655.059
Access to books and records
655.60
Appraisals
655.061
Competitive equality with federally organized or chartered financial institutions
655.071
International banking facilities
655.77
Deposits by minors
655.78
Deposit accounts in two or more names
655.79
Deposits and accounts in two or more names
655.80
Convenience accounts
655.82
Pay-on-death accounts
655.83
Adverse claim to a deposit or fiduciary account
655.84
Limitations
655.85
Settlement of checks
655.86
Issuance of postdated checks
655.89
Legal holidays
655.90
Closing during emergencies and other special days
655.91
Records of institutions and copies thereof
655.93
Definitions for ss
655.94
Special remedies for nonpayment of rent
655.0201
Service of process, notice, levy, or demand on financial institutions
655.0321
Restricted access to certain hearings, proceedings, and related documents
655.0322
Prohibited acts and practices
655.0323
Unsafe and unsound practices
655.0385
Disapproval of directors and executive officers
655.0386
Transactions with financial institution-affiliated parties
655.0391
Retention of supervision by office
655.0392
Place of transacting business
655.411
Conversion of charter
655.412
Merger and consolidation
655.414
Acquisition of assets
655.416
Book value of assets
655.417
Effect of merger, consolidation, conversion, or acquisition
655.418
Nonconforming activities
655.419
Effect
655.0591
Trade secret documents
655.762
Sale of assets
655.769
Definitions of terms used in ss
655.825
Deposits in trust
655.851
Unclaimed credit balances
655.921
Transaction of business by out-of-state financial institutions
655.922
Banking business by unauthorized persons
655.931
Authority to engage in safe-deposit business
655.932
Lease to minor
655.933
Access by fiduciaries
655.934
Effect of lessee’s death or incapacity
655.935
Search procedure on death of lessee
655.936
Delivery of safe-deposit box contents or property held in safekeeping to personal representative
655.937
Access to safe-deposit boxes leased in two or more names
655.938
Adverse claims to contents of safe-deposit box
655.939
Limiting right of access for failure to comply with security procedures
655.942
Standards of conduct
655.943
Applications
655.946
Single interest insurance placed by financial institutions
655.947
Debt cancellation products
655.948
Significant events
655.949
Personnel
655.954
Financial institution loans
655.955
Liability of financial institution to third parties
655.960
Definitions
655.961
Violation of specified provisions not negligence per se
655.962
Lighting
655.963
Access devices
655.964
Application
655.965
Preemption
655.966
Automated teller machine
655.967
State-funded endowments
655.968
Financial institutions
655.03855
Provisional directors and executive officers
655.4185
Emergency action

Current through Fall 2025

§ 655.017. Local regulation preempted's source at flsenate​.gov