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Bill > H0381


FL H0381

FL H0381
Office of Financial Regulation


summary

Introduced
11/06/2025
In Committee
01/26/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to the Office of Financial Regulation; creating s. 494.00123, F.S.; providing definitions; requiring loan originators, mortgage brokers, and mortgage lenders to develop, implement, and maintain comprehensive written information security programs for the protection of information systems and nonpublic personal information; providing requirements for such programs; requiring loan originators, mortgage brokers, and mortgage lenders to establish written incident response plans for specified purposes; providing requirements for such plans; providing applicability; providing compliance requirements under specified circumstances; requiring loan originators, mortgage brokers, and mortgage lenders to maintain copies of information security programs for a specified timeframe and to make them available to the Office of Financial Regulation under certain circumstances; providing requirements for notices of security breaches; providing construction; requiring the Financial Services Commission to adopt rules; amending s. 494.00255, F.S.; providing additional acts that constitute a ground for specified disciplinary actions against loan originators and mortgage brokers; amending s. 517.021, F.S.; revising hb381-01-c1 the definition of the term "investment adviser" and defining the term "place of business"; amending s. 517.061, F.S.; revising the definition of the term "family office"; creating s. 520.135, F.S.; specifying that the rights and obligations of parties with respect to a surrendered or repossessed motor vehicle are exclusively governed by certain provisions; amending s. 560.114, F.S.; specifying the entities that are subject to certain disciplinary actions and penalties; revising the list of actions by money services businesses which constitute grounds for certain disciplinary actions and penalties; providing requirements for emergency suspension orders that suspend money services business licenses; providing that an emergency suspension order is effective when the licensee against whom the order is directed has actual or constructive knowledge; requiring the office to institute proceedings within a specified timeframe after issuance of an emergency suspension order; authorizing a licensee subject to an emergency suspension order to seek judicial review; requiring, rather than authorizing, the office to suspend licenses of money services businesses under certain circumstances; creating s. 560.1311, F.S.; providing definitions; requiring money services businesses to hb381-01-c1 develop, implement, and maintain comprehensive written information security programs for the protection of information systems and nonpublic personal information; providing requirements for such programs; requiring money services businesses to establish written incident response plans for specified purposes; providing requirements for such plans; providing applicability; providing compliance requirements under specified circumstances; requiring money services businesses to maintain copies of information security programs for a specified timeframe and to make them available to the office under certain circumstances; providing requirements for notices of security breaches; providing construction; requiring the commission to adopt rules; amending s. 560.309, F.S.; providing that licensees must comply with the Fair Debt Collections Practices Act only if the licensees meet certain criteria; amending s. 560.405, F.S.; providing that a debit card transaction shall be treated the same as cash transactions and prohibiting redemption through a credit card transaction; amending s. 560.406, F.S.; providing that licensees must comply with the Fair Debt Collections Practices Act only if the licensees meet certain criteria; creating s. 655.0171, F.S.; hb381-01-c1 providing definitions; requiring financial institutions to take measures to protect and secure certain data that contain personal information; providing requirements for notices of security breaches to the office, the Department of Legal Affairs, certain individuals, and certain credit reporting agencies; amending s. 655.045, F.S.; revising the timeline for the mailing of payment for salary and travel expenses of certain field staff; amending s. 657.005, F.S.; revising requirements for permission to organize credit unions; amending s. 657.024, F.S.; authorizing meetings of credit union members to be held virtually without an in-person quorum and authorizing virtual attendance to satisfy quorum requirements under certain circumstances; amending s. 657.042, F.S.; removing provisions that impose limitations on investments in real estate and equipment for credit unions; amending s. 658.21, F.S.; revising requirements and factors for approving applications for organizing banks and trust companies; amending s. 658.33, F.S.; revising requirements for directors of certain banks and trust companies; amending s. 662.141, F.S.; revising the timeline for the mailing of payment for the salary and travel expenses of certain field staff; amending s. 517.12, hb381-01-c1 F.S.; conforming a cross-reference; providing an effective date.

AI Summary

This bill, titled the "Office of Financial Regulation," introduces several key provisions aimed at enhancing data security, clarifying regulatory definitions, and adjusting operational procedures for various financial entities. Primarily, it mandates that loan originators, mortgage brokers, mortgage lenders, and money services businesses (entities that transmit money or provide financial services) must develop and maintain comprehensive written information security programs to protect customer data and information systems, including establishing incident response plans for cybersecurity events. The bill also clarifies definitions related to investment advisers and family offices, revises rules for repossessing vehicles, and strengthens disciplinary actions for money services businesses, including the ability for the Office of Financial Regulation (OFR) to issue emergency suspension orders for licenses when immediate public danger is identified. Furthermore, it requires financial institutions to implement measures to secure customer data and mandates timely notification to the OFR, the Department of Legal Affairs, affected individuals, and credit reporting agencies in the event of a data breach. The bill also adjusts timelines for payment of examination costs for financial institutions and family trust companies, modifies requirements for organizing credit unions and banks, and allows for virtual meetings for credit union members. Finally, it updates provisions related to investment limitations for credit unions and revises experience requirements for directors and officers of banks and trust companies.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (1)

Other Sponsors (1)

Insurance & Banking Subcommittee (House)

Last Action

Now in Commerce Committee (on 02/16/2026)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2026/381
Analysis - Information Technology Budget & Policy Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/381/Analyses/h0381c.ITP.PDF
Analysis - Information Technology Budget & Policy Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/381/Analyses/h0381b.ITP.PDF
Analysis - Insurance & Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/381/Analyses/h0381a.IBS.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/381/BillText/c1/PDF
https://www.flsenate.gov/Session/Bill/2026/381/Amendment/131629/PDF
Analysis - Insurance & Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/381/Analyses/h0381.IBS.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/381/BillText/Filed/PDF
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