Fla. Stat. 655.0322
Prohibited acts and practices; criminal penalties


(1)

As used in this section, the term “financial institution” means a financial institution as defined in s. 655.005 or other business entity as defined by the commission by rule, whether organized under the laws of this state, the laws of another state, or the laws of the United States, which is located in this state.

(2)

A financial institution-affiliated party may not ask for, or willfully and knowingly receive or consent to receive for himself or herself or any related interest, a commission, emolument, gratuity, money, property, or thing of value for:Procuring, or endeavoring to procure, for any person a loan or extension of credit from such financial institution, affiliate, subsidiary, or service corporation; orProcuring, or endeavoring to procure, the purchase or discount of any note, draft, check, bill of exchange, or other obligation by such financial institution, affiliate, subsidiary, or service corporation.

Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(a)

Procuring, or endeavoring to procure, for any person a loan or extension of credit from such financial institution, affiliate, subsidiary, or service corporation; or

(b)

Procuring, or endeavoring to procure, the purchase or discount of any note, draft, check, bill of exchange, or other obligation by such financial institution, affiliate, subsidiary, or service corporation.

(3)

A financial institution-affiliated party may not:Knowingly receive or possess any of such financial institution’s property other than in payment of a just demand, or, with intent to deceive or defraud, to omit to make or cause to be made a full and true entry thereof in the financial institution’s books and accounts, or concur in omitting to make any material entry thereof;Embezzle, abstract, or misapply any money, property, or thing of value of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation;Knowingly make, draw, issue, put forth, or assign any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond or other obligation, mortgage, judgment, or decree without authority from the board of directors of such financial institution;Make a false entry in any book, report, or statement of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation, or another person, firm, or corporation, or with intent to deceive the office, any other appropriate federal or state regulatory agency, or an authorized representative appointed to examine the affairs of the financial institution, affiliate, subsidiary, or service corporation; orDeliver or disclose to the office or its employees any application, examination report, report of condition, report of income and dividends, internal audit, account, statement, or other document known by him or her to be fraudulent or false as to any material matter.

Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(a)

Knowingly receive or possess any of such financial institution’s property other than in payment of a just demand, or, with intent to deceive or defraud, to omit to make or cause to be made a full and true entry thereof in the financial institution’s books and accounts, or concur in omitting to make any material entry thereof;

(b)

Embezzle, abstract, or misapply any money, property, or thing of value of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation;

(c)

Knowingly make, draw, issue, put forth, or assign any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond or other obligation, mortgage, judgment, or decree without authority from the board of directors of such financial institution;

(d)

Make a false entry in any book, report, or statement of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation, or another person, firm, or corporation, or with intent to deceive the office, any other appropriate federal or state regulatory agency, or an authorized representative appointed to examine the affairs of the financial institution, affiliate, subsidiary, or service corporation; or

(e)

Deliver or disclose to the office or its employees any application, examination report, report of condition, report of income and dividends, internal audit, account, statement, or other document known by him or her to be fraudulent or false as to any material matter.

(4)

A financial institution-affiliated party may not knowingly place among the assets of such financial institution, affiliate, subsidiary, or service corporation any note, obligation, or security that the financial institution, affiliate, subsidiary, or service corporation does not own or that, to the party’s knowledge, is fraudulent or otherwise worthless or for the financial institution-affiliated party to represent to the office that any note, obligation, or security carried as an asset of such financial institution, affiliate, subsidiary, or service corporation is the property of the financial institution, affiliate, subsidiary, or service corporation and is genuine if it is known to such party that such representation is false or that the note, obligation, or security is fraudulent or otherwise worthless. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)

Any person who willfully makes a false statement or report, or willfully overvalues any land, property, or security, for the purposes of influencing in any way the action of a financial institution, affiliate, subsidiary, or service corporation or any other entity authorized by law to extend credit, upon an application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6)

Any person who knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution, affiliate, subsidiary, or service corporation or any other entity authorized by law to extend credit, or to obtain the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, affiliate, subsidiary, service corporation, or other entity authorized by law to extend credit, by means of false or fraudulent pretenses, representations, or promises, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Source: Section 655.0322 — Prohibited acts and practices; criminal penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0655.­0322 (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

§ 655.0322. Prohibited acts & practices; criminal penalties's source at flsenate​.gov