The purpose and effect is to amend existing rules and reincorporate existing forms, and to create new rules and forms to conform with and implement HB 989, which took effect on May 2, 2024. Section 655.0323(3), Florida Statutes, ....

 

DEPARTMENT OF FINANCIAL SERVICES

FSC - Financial Institution Regulation

RULE NOS.:RULE TITLES:

69U-100.323Attestation of Compliance

69U-100.3231Complaints

PURPOSE AND EFFECT: The purpose and effect is to amend existing rules and reincorporate existing forms, and to create new rules and forms to conform with and implement HB 989, which took effect on May 2, 2024. Section 655.0323(3), Florida Statutes, requires certain financial institutions to attest, under penalty of perjury, on a form prescribed by the commission, that the entity is acting in compliance with section 655.0323(1) and (2), Florida Statutes. The legislation has modified the applicability of the rule by replacing “all financial institutions subject to the financial institutions codes” with “financial institutions as defined in s. 655.005.” The rule will be amended to reflect these changes and reincorporate the form to be used for the attestation. The legislation additionally created a complaint process through which customers or members of financial institutions who suspect that their financial institution has violated section 655.0323, Florida Statutes, may complain of those actions, which will in turn be investigated by the Office. New forms will be created to implement the complaint process.

SUBJECT AREA TO BE ADDRESSED: Regulation of Financial Institutions

RULEMAKING AUTHORITY: 655.0323(3)

LAW IMPLEMENTED: 655.0323(3), (4), (5)

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ann Michelle Palecki, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.