Florida HB 381: Office of Financial Regulation

Bill Text

CS/HB 381 2026

CODING: Words stricken are deletions; words underlined are additions.
hb381-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to the Office of Financial Regulation; 2
creating s. 494.00123, F.S.; providing definitions; 3
requiring loan originators, mortgage brokers, and 4
mortgage lenders to develop, implement, and maintain 5
comprehensive written information security programs 6
for the protection of information systems and 7
nonpublic personal information; providing requirements 8
for such programs; requiring loan originators, 9
mortgage brokers, and mortgage lenders to establish 10
written incident response plans for specified 11
purposes; providing requirements for such plans; 12
providing applicability; providing compliance 13
requirements under specified circumstances; requiring 14
loan originators, mortgage brokers, and mortgage 15
lenders to maintain copies of information security 16
programs for a specified timeframe and to make them 17
available to the Office of Financial Regulation under 18
certain circumstances; providing requirements for 19
notices of security breaches; providing construction; 20
requiring the Financial Services Commission to adopt 21
rules; amending s. 494.00255, F.S.; providing 22
additional acts that constitute a ground for specified 23
disciplinary actions against loan originators and 24
mortgage brokers; amending s. 517.021, F.S.; revising 25

CS/HB 381 2026

CODING: Words stricken are deletions; words underlined are additions.
hb381-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

the definition of the term "investment adviser" and 26
defining the term "place of business"; amending s. 27
517.061, F.S.; revising the definition of the term 28
"family office"; creating s. 520.135, F.S.; specifying 29
that the rights and obligations of parties with 30
respect to a surrendered or repossessed motor vehicle 31
are exclusively governed by certain provisions; 32
amending s. 560.114, F.S.; specifying the entities 33
that are subject to certain disciplinary actions and 34
penalties; revising the list of actions by money 35
services businesses which constitute grounds for 36
certain disciplinary actions and penalties; providing 37
requirements for emergency suspension orders that 38
suspend money services business licenses; providing 39
that an emergency suspension order is effective when 40
the licensee against whom the order is directed has 41
actual or constructive knowledge; requiring the office 42
to institute proceedings within a specified timeframe 43
after issuance of an emergency suspension order; 44
authorizing a licensee subject to an emergency 45
suspension order to seek judicial review; requiring, 46
rather than authorizing, the office to suspend 47
licenses of money services businesses under certain 48
circumstances; creating s. 560.1311, F.S.; providing 49
definitions; requiring money services businesses to 50

CS/HB 381 2026

CODING: Words stricken are deletions; words underlined are additions.
hb381-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

develop, implement, and maintain comprehensive written 51
information security programs for the protection of 52
information systems and nonpublic personal 53
information; providing requirements for such programs; 54
requiring money services businesses to establish 55
written incident response plans for specified 56
purposes; providing requirements for such plans; 57
providing applicability; providing compliance 58
requirements under specified circumstances; requiring 59
money services businesses to maintain copies of 60
information security programs for a specified 61
timeframe and to make them available to the office 62
under certain circumstances; providing requirements 63
for notices of security breaches; providing 64
construction; requiring the commission to adopt rules; 65
amending s. 560.309, F.S.; providing that licensees 66
must comply with the Fair Debt Collections Practices 67
Act only if the licensees meet certain criteria; 68
amending s. 560.405, F.S.; providing that a debit card 69
transaction shall be treated the same as cash 70
transactions and prohibiting redemption through a 71
credit card transaction; amending s. 560.406, F.S.; 72
providing that licensees must comply with the Fair 73
Debt Collections Practices Act only if the licensees 74
meet certain criteria; creating s. 655.0171, F.S.; 75

CS/HB 381 2026

CODING: Words stricken are deletions; words underlined are additions.
hb381-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

providing definitions; requiring financial 76
institutions to take measures to protect and secure 77
certain data that contain personal information; 78
providing requirements for notices of security 79
breaches to the office, the Department of Legal 80
Affairs, certain individuals, and certain credit 81
reportin