________________________________________________________________________________ UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): AUGUST 20, 2004 --------------- EMPIRE FINANCIAL HOLDING COMPANY -------------------------------- (Exact Name of Registrant as Specified in its Charter) FLORIDA 001-31292 56-3627212 ---------------------------- --------------------- ------------------- (State or Other Jurisdiction (Commission File No.) (IRS Employer of Incorporation Identification No.) 2170 WEST STATE ROAD 434, SUITE 100, LONGWOOD, FLORIDA 32779 ------------------------------------------------------------ (Address of principal executive office) (407) 774-1300 -------------- (Registrant's telephone number, including area code) NOT APPLICABLE -------------- (Former Names or Former Address, if Changed Since Last Report) ________________________________________________________________________________ ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (c)Exhibits. 99.1 Release of Empire Financial Holding Company (the "registrant"), dated August 20, 2004 for its fiscal quarter ended June 30, 2004 (furnished and not filed herewith solely pursuant to Item 12) ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION On August 20, 2004 the company issued a press release announcing its financial results for the fiscal quarter ended June 30, 2004. A copy of the press release is furnished herewith as exhibit 99.1 and is incorporated herein by reference. The information contained herein and in the accompanying exhibit shall not be incorporated by reference into any filing of the Registrant, whether made before or after the date hereof, regardless of any general incorporation language in such filing, unless expressly incorporated by specific reference to such filing. The information in this report , including the exhibit hereto, shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section or Sections 11 and 12 (a) (2) of the Securities Act of 1933, as amended. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. EMPIRE FINANCIAL HOLDING COMPANY Date: August 20, 2004 By: /s/ Donald A. Wojnowski Jr. --------------------------- Donald A. Wojnowski Jr. President 2 INDEX TO EXHIBITS Exhibit No. Exhibit Title ----------- ------------- 99.1 Press release dated August 20, 2004 announcing the Company's financial results for the fiscal quarter ended June 30, 2004. 3