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): July 20, 2004 Fidelity Bankshares, Inc. ----------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 000-29040 65-0717085 -------------------- ---------------------- ------------------- (State or other jurisdiction (SEC File Number) (I.R.S. Employer of incorporation) Identification No.) 205 Datura Street, West Palm Beach, Florida, 33401 ---------------------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (561) 803-9900 Not Applicable ------------------------------------------------------------------------- (Former name or former address, if changed since last report) CURRENT REPORT ON FORM 8-K Item 7. Financial Statements and Exhibits (a) No financial statements of businesses acquired are required. (b) No pro forma financial information is required. (c) Attached as an exhibit is Fidelity Bankshares, Inc.'s (the "Company") news release announcing its June 30, 2004 earnings. Item 12. Results of Operations and Financial Condition The Company announced its June 30, 2004 financial results by release. The press release is included as an exhibit. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized. Fidelity Bankshares, Inc. DATE: July 20, 2004 By: /s/ Vince A. Elhilow ------------------------------ Vince A. Elhilow Chairman of the Board and Chief Executive Officer EXHIBIT INDEX 99.1 News release dated July 20, 2004 announcing June 30, 2004 earnings.