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FDIC Enforcement Decisions and Orders

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{{12-31-99 p.TC-406}}
   [16,243] Docket No. FDIC-99-077ss (10-21-99)

In the Matter of

FIRST BANK OF JACKSONVILLE
JACKSONVILLE, FLORIDA
(Insured State Nonmember Bank)
DENIAL OF REQUEST FOR
RESCISSION OR MODIFICATION
OF SAFETY AND SOUNDNESS
ORDER

FDIC-99-077ss

   The Federal Deposit Insurance Corporation ("FDIC") has considered the Request for Rescission or Modification of Safety and Soundness Order ("Request") filed by Respondent, First Bank of Jacksonville, Jacksonville, Florida, on September 18, 1999, pursuant to section 308.304(f) of the FDIC's Rules of Practice and Procedure, 12 C.F.R. § 308.304(f).
   Section 308.304(f) provides that any bank subject to a safety and soundness order may, "upon a change in circumstances," request that the FDIC reconsider the terms of the order and may propose that the order be rescinded or modified.
   The Request of Respondent challenges "certain determinations and findings which do not appear to be supported by facts or otherwise appear inconsistent with the provisions of the Year 2000 Plan submitted to and reviewed by the Agency." Thus, Respondent's Request alleges FDIC error rather than presenting evidence of any change in circumstances as required by Section 308.304(f). Having failed to present information constituting a "change in circumstances," the request must be, and hereby is, denied.
{{2-29-00 p.TC-407}}
   Pursuant to delegated authority.
   Dated at Washington, D.C. this 21st day of October, 1999.

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