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Florida Statute 655.0322 | Lawyer Caselaw & Research
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F.S. 655.0322 Case Law from Google Scholar Google Search for Amendments to 655.0322

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING
Chapter 655
FINANCIAL INSTITUTIONS GENERALLY
View Entire Chapter
F.S. 655.0322
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:
(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.

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.

(3) A financial institution-affiliated party may not:
(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.

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.

(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.
History.s. 14, ch. 92-303; s. 3, ch. 97-30; s. 521, ch. 97-102; s. 1707, ch. 2003-261; s. 6, ch. 2004-340; s. 89, ch. 2004-390; s. 3, ch. 2014-91.

F.S. 655.0322 on Google Scholar

F.S. 655.0322 on Casetext

Amendments to 655.0322


Arrestable Offenses / Crimes under Fla. Stat. 655.0322
Level: Degree
Misdemeanor/Felony: First/Second/Third

S655.0322 2 - BRIBE-RECEIVING - FINANCIAL INSTITUTION FOR LOAN ETC - F: T
S655.0322 2 - BRIBE - FINANCIAL INSTITUTION ASK BRIBE FOR LOAN ETC - F: T
S655.0322 3a - FRAUD-SWINDLE - FINANCIAL INSTITUTION FALSE ENTRY WIT DEFRAUD - F: T
S655.0322 3b - EMBEZZLE - MISAPPROP FINANCIAL INSTITUTION PROP MONEY ETC - F: T
S655.0322 3c - PUBLIC ORDER CRIMES - FINAN INST ACT WO BOARD APP - F: T
S655.0322 3d - FRAUD-FALSE STATEMENT - FINAN INST MAKE FALSE ENTRY WIT DEFRAUD - F: T
S655.0322 3e - FRAUD-FALSE STATEMENT - DISCLOSE FALSE EXAMINATION REPORT - F: T
S655.0322 4 - FRAUD-FALSE STATEMENT - BY FINANCIAL INSTITUTION RE ASSETS - F: T
S655.0322 5 - FRAUD-FALSE STATEMENT - ON REPORT TO OVERVALUE LAND ETC - F: S
S655.0322 6 - FRAUD-SWINDLE - DEFRAUD FINANCIAL INSTITUTION - F: S



Annotations, Discussions, Cases:

Cases Citing Statute 655.0322

Total Results: 4

DAVID KELLY BREWSTER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-13T00:53:00-07:00

Snippet: opinion explains that he was convicted under section 655.0322(6), Florida Statutes, which was modeled on the

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: ] [canceled] pursuant to Florida Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28(2) ] [322.28(4) ]

State v. Traylor

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-23T00:00:00-08:00

Citation: 77 So. 3d 224, 2011 Fla. App. LEXIS 20494, 2011 WL 6438004

Snippet: based on a false statement in violation of section 655.0322(5), Florida Statutes (2005), stemmed from mortgages…counts twelve through twenty), based on section 655.0322(5), were left pending. The trial court eventually…information. These new claims involved section 655.0322(6), Florida Statutes (2005), which states: Any

Lewek v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-23T23:53:00-08:00

Citation: 702 So. 2d 527

Snippet: Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla. Stat