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DIVISION OF FINANCIAL
INSTITUTIONS
ADVANTAGES OF A STATE
CHARTER
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Accessibility/Expeditious
Treatment – The Office of Financial
Regulation 's (OFR) personnel are very accessible. This promotes
better communication and allows a banker to talk directly to a
decision-maker. OFR considers and responds to requests in a timely
and efficient manner.
Lower Cost
- For state banks in Florida, OFR assessments are lower than the
assessments for comparable national banks. Consider the following
comparison:
|
Assets |
OFR Annual
Assessment |
OCC Annual
Assessment |
Savings
From Having A State Charter |
|
$10 million |
$4,400 |
$14,148 |
$9,748 |
|
$50 million |
$14,000 |
$29,135 |
$15,135 |
|
$75 million |
$19,250 |
$37,951 |
$18,701 |
|
$150 million |
$33,000 |
$58,229 |
$25,229 |
|
$300 million |
$58,500 |
$89,085 |
$30,585 |
|
$600 million |
$108,500 |
$147,270 |
$38,770 |
|
$1.2 billion |
$180,000 |
$256,588 |
$76,588 |
|
$1.6 billion |
$219,000 |
$320,063 |
$101,063 |
|
$2.2 billion |
$271,000 |
$411,750 |
$140,750 |
|
$3.0 billion |
$335,000 |
$524,596 |
$189,596 |
Local
Supervision - OFR examiners live in
the area in which they work. They know the people and understand
their concerns. As a result, they are familiar with the issues
affecting local communities.
Outreach
- OFR personnel regularly participate in meetings and
conferences around the state where bankers can engage in
meaningful dialogue with top OFR officials.
State Parity
Statute - Florida has a broad parity
statute. Section 655.061, Florida Statutes, states:
Subject to the
prior approval of OFR pursuant to rule or order of general
application, state financial institutions subject to the
financial institutions codes may make any loan or investment or
exercise any power which they could make or exercise if
incorporated or operating in this state as a federally chartered
or regulated financial institution of the same type and are
entitled to all privileges and protections granted federally
chartered or regulated financial institutions of the same type
under federal statutes and regulations. The provisions of this
section take precedence over, and must be given effect over, any
other general or specific provisions of the financial
institution's codes to the contrary. In issuing an order under
this section, OFR shall consider the importance of maintaining a
competitive dual system of financial institutions and whether
such order is in the public interest.
Florida
state-chartered banks generally may exercise the same powers and
privileges as national banks operating in this state.
Furthermore, state-chartered banks and their subsidiaries are
allowed great flexibility regarding certain investments and
activities under Part 362 of the FDIC Rules and Regulations,
provided these activities do not present a risk to the insurance
fund or pose a safety and soundness concern.
State
Governance - Florida state-chartered
banks are regulated according to state laws and administrative
rules. Like other states, Florida laws are structured to meet
the unique needs of the citizens of the state. Federal laws, by
their nature, must apply to institutions operating in various
regions and many different circumstances. Statutes affecting
Florida state-chartered banks are enacted by the state
legislature, which is more sensitive to local needs and
conditions than the U.S. Congress. Through contacts with the
state legislature and the Governor, state bankers have
considerably more opportunity to affect banking policy at the
state level than at the federal level.
Financial
Modernization - As banks expand their
products and services, Florida state-chartered banks are in a
unique position for the following reason:
Ø On
January 7, 2003, the Department of Banking and Finance and
Department of Insurance were merged to form the Department of
Financial Services. As a result of this reorganization of the
Florida Cabinet, the regulatory functions of those two
departments were placed under the Financial Services Commission,
which is comprised of the Governor and the Cabinet. This new
regulatory structure, consisting of the Office of Insurance
Regulation and the Office of Financial Regulation, will allow
regulators from both the financial institution and insurance
industries to interface more closely to enhance the
opportunities for the safe, sound and successful operation of
the regulated entities.
Multi-State
Operations - State-chartered banks in
Florida have the authority to operate on a multi-state basis.
This allows for consistency of such things as interest rates,
lending limits, and corporate governance laws. As "home state"
regulator, OFR is the single point of contact for all
information on banking issues such as branching, examination
issues, governing laws, etc. While some states permit de novo
branching into their state, most require the purchase of an
existing bank. No bank or bank holding company domiciled outside
of Florida may branch into Florida on a de novo basis.
State-Chartered Banks in Florida
-
State-Chartered
Banks in Florida - As of June 2008, there were 212 state-chartered banks in
Florida among the total of 273 Florida banks. Since January 1,
1996, 152 charters for new state banks have been issued in
Florida compared to 25 national bank charters.
Experience/Training - OFR field
examiners have an average experience level of over 13 years. In
addition, a number of them are graduates of the FBA Florida
School of Banking. Personnel from the field and main offices
concentrate in specialized areas of examination and attend
training programs offered by federal bank regulatory agencies.
Statewide
Offices - In addition to the main
office in Tallahassee, OFR has regional offices located in key
areas across the State. Personnel in all OFR offices are always
available to answer questions and discuss issues. The locations
are depicted on the following map.

Cooperative Agreements
– OFR has entered into agreements with other states to utilize their
examiners, if necessary, in order to examine out-of-state branches
of a Florida domiciled bank. There are no additional fees associated
with the examination of these branches.
Coordinated Examination
Process - In order to reduce the burden on state-chartered banks
and bank holding companies, OFR has entered into agreements with the
FDIC, FRB, and other state banking departments to perform
alternating examinations.
Certification/Accreditation
- Several OFR examiners are certified and OFR is accredited by the
Conference of State Bank Supervisors (CSBS), the national
accrediting agency for state banking departments. Attesting to OFR's
ability to meet rigid examination and operational requirements, OFR
has been continuously accredited by CSBS since 1986.
Training
- OFR personnel are available to banks and trade associations who
are in need of technical assistance in areas where our personnel
have extensive knowledge and training. This interaction between
examiners and industry representatives provides valuable insight to
both OFR and the industry.
http://www.flofr.com/banking/-
OFR maintains a Web site for the benefit of the institutions it
regulates. The site contains a variety of data and information
including quarterly banking industry status reports and contact
information. In addition, various application and notification forms
are available for download. Helpful links to the Web sites of the
FDIC, FRB, CSBS and various state and national banking associations
are also provided.

For more information, contact:
John A. Pullen
Financial Administrator
john.pullen@fldfs.com
Office of Financial Regulation
200 East Gaines Street
Tallahassee, Florida 32399-0371
(850) 410-9800
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Revised
09/26/2008
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