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Bill > S0540


FL S0540

FL S0540
Office of Financial Regulation


summary

Introduced
11/17/2025
In Committee
12/01/2025
Crossed Over
02/25/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

An act relating to the Office of Financial Regulation; amending s. 415.106, F.S.; requiring the Department of Children and Families to cooperate with and seek cooperation from the Office of Financial Regulation concerning certain protective investigations of suspected financial exploitation of specified adults; requiring the department to provide copies of certain suspected financial exploitation reports to the office within a certain timeframe; authorizing the department to provide copies of certain records at the request of the office within a specified timeframe; authorizing the office to use such reports or records as required or authorized in certain provisions; specifying that certain confidentiality provisions that apply to the department apply to the records of the office and its employees and agents; authorizing the department and the office to enter into a specified memorandum of agreement; amending s. 415.107, F.S.; revising the persons, officials, and agencies granted access to certain records relating to vulnerable adults; creating s. 494.00123, F.S.; defining terms; 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 under certain circumstances; specifying 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 the definition of the term “investment adviser”; defining terms; amending s. 517.061, F.S.; defining terms; amending s. 517.201, F.S.; authorizing the office to make investigations and examinations to aid the Department of Children and Families with certain protective investigations; authorizing the office to consider or use certain information as part of certain investigations and examinations; amending s. 517.34, F.S.; revising the information required to be contained in the form by which a dealer or investment advisor notifies the office of certain delayed disbursements or transactions of funds or securities; providing construction; 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; specifying 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 of the order; requiring the office to institute timely proceedings 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.; defining terms; requiring money services businesses to develop, implement, and maintain comprehensive written information security programs for the protection of information systems and nonpublic personal information; specifying requirements for such programs; requiring money services businesses to establish written incident response plans for specified purposes; specifying requirements for such plans; providing applicability; specifying 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; specifying 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.; requiring that redemptions transacted using a debit card be treated the same as redemptions transacted using cash; 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.; defining terms; 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. 655.032, F.S.; authorizing the office to consider or use certain information as part of certain investigations or other actions; amending s. 655.045, F.S.; authorizing the office to consider or use certain information as part of certain investigations or other actions; 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, F.S.; conforming a cross-reference; providing an effective date.

AI Summary

This bill enhances consumer protection and regulatory oversight within Florida's financial sector by strengthening cooperation between the Department of Children and Families (DCF) and the Office of Financial Regulation (OFR) in cases of suspected financial exploitation of adults, requiring timely sharing of relevant reports and records between these agencies. It also mandates that loan originators, mortgage brokers, mortgage lenders, and money services businesses (MSBs) implement comprehensive written information security programs and incident response plans to protect customer information, with specific requirements for reporting security breaches. The bill revises definitions related to investment advisers and expands the grounds for disciplinary actions against financial professionals, including those who fail to comply with security breach notification requirements. Furthermore, it clarifies rules for credit unions regarding virtual meetings and investments, adjusts experience requirements for bank and trust company directors and officers, and modifies procedures for reporting delayed disbursements or transactions of funds or securities for specified adults. Finally, it establishes that rights and obligations concerning surrendered or repossessed motor vehicles are exclusively governed by specific provisions of the Uniform Commercial Code, and it updates regulations for money services businesses, including emergency suspension orders and compliance with debt collection laws.

Committee Categories

Budget and Finance

Sponsors (1)

Other Sponsors (3)

Appropriations Committee on Agriculture, Environment, and General Government (Senate), Banking and Insurance (Senate), Rules (Senate)

Last Action

In Messages (on 02/25/2026)

bill text


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Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2026/540
Withdrawn 2/25/2026 https://www.flsenate.gov/Session/Bill/2026/540/Amendment/482984/HTML
Analysis - Rules (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.rc.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/540/BillText/c3/HTML
Analysis - Rules (Pre-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.pre.rc.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/540/BillText/c2/HTML
Analysis - Appropriations Committee on Agriculture, Environment, and General Government (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.aeg.PDF
Analysis - Appropriations Committee on Agriculture, Environment, and General Government (Pre-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.pre.aeg.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/540/BillText/c1/HTML
Analysis - Banking and Insurance (Post-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.bi.PDF
https://www.flsenate.gov/Session/Bill/2026/540/Amendment/151196/HTML
https://www.flsenate.gov/Session/Bill/2026/540/Amendment/820822/HTML
https://www.flsenate.gov/Session/Bill/2026/540/Amendment/465000/HTML
https://www.flsenate.gov/Session/Bill/2026/540/Amendment/686220/HTML
Analysis - Banking and Insurance (Pre-Meeting) https://www.flsenate.gov/Session/Bill/2026/540/Analyses/2026s00540.pre.bi.PDF
BillText https://www.flsenate.gov/Session/Bill/2026/540/BillText/Filed/HTML
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