Purpose


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.