News & Analysis as of

Financial Institutions Florida

Ballard Spahr LLP

Three Members of Congress and U.S. Treasury Express Concerns that Florida Law Prohibiting Banks from Considering Customers’...

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As we previously blogged, a Florida law (Fla. Stat. § 655.0323, entitled “Unsafe and unsound practices”) which became effective July 1, 2024 prohibits federal and state depository institutions conducting business in the state...more

Ballard Spahr LLP

New Florida Law Prohibits Banks from Considering Customers’ Political, Religious Beliefs

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A Florida law that prohibits federal and state depository institutions conducting business in the state from denying services based on religion or political beliefs and activities went into effect on July 1....more

Bradley Arant Boult Cummings LLP

Florida’s Fair Access to Banking Expansion Takes Effect July 1: Are You Ready?

On July 1, 2024, banks and other financial institutions doing business in Florida will be required to comply with new rules designed to ensure fair access to banking and prevent politically or ideologically motivated denial...more

Sheppard Mullin Richter & Hampton LLP

Florida Expands its “De-Banking” Law

Florida is one of several states that has enacted “de-banking” legislation that requires financial institutions to provide consumers with fair access to financial products and services. On May 3, Governor DeSantis signed into...more

Bressler, Amery & Ross, P.C.

Florida Adopts Protection of Specified Adults Statute for Financial Institutions

During the 2024 Legislative session, the Florida Legislature passed Senate Bill 556, “Protection of Specified Adults”, which was signed into law by Governor Ron DeSantis on May 28, 2024....more

Buchalter

Florida Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

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Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or...more

Troutman Pepper

Florida Enacts Commercial Financing Disclosure Law

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On June 26, Florida Governor Ron DeSantis signed the Florida Commercial Financing Disclosure Law (FCFDL). As discussed here, the FCFDL mandates that covered commercial financing companies provide consumer-like disclosures for...more

Shutts & Bowen LLP

HB-3: An Overview of ESG Factors Relating to Public Funds Investment and Financial Industry Impacts

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On May 2, 2023, Florida Governor Ron DeSantis signed into law HB 3, also known as “An Act Relating to Government and Corporate Activism (the “Act”). The Act amends Florida Statute provisions relating to (i) deposits and...more

Mintz - Privacy & Cybersecurity Viewpoints

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more

Akin Gump Strauss Hauer & Feld LLP

Florida Enacts Anti-ESG Legislation – House Bill 3 Explained

On May 2, 2023, Gov. Ron DeSantis (R-FL) signed into law House Bill 3 (HB3), legislation that, among other things, blocks the consideration of environmental, social and governance (ESG) factors in state and local investment...more

Pillsbury Winthrop Shaw Pittman LLP

Florida’s Response to ESG Investing

Governor DeSantis has signed a law prohibiting reliance on environmental, social and governance (ESG) for Florida’s funds. Banks and financial institutions could face administrative sanctions if found to discriminate...more

Orrick, Herrington & Sutcliffe LLP

FDIC announces Florida disaster relief

On May 5, the FDIC issued FIL-22-2023 to provide regulatory relief to financial institutions and help facilitate recovery in areas of Florida affected by severe storms, tornados, and flooding from April 12 to 14...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 1, January 2023

Big Boosts to Cybersecurity and Tech Funding in $1.7T Omnibus Bill Signed by Biden - “The bipartisan fiscal 2023 omnibus spending agreement includes $2.9 billion for the Cybersecurity and Infrastructure Security Agency, a...more

Orrick, Herrington & Sutcliffe LLP

FDIC announces Florida disaster relief

On January 9, the FDIC issued FIL-02-2023 to provide regulatory relief to financial institutions and help facilitate recovery in areas of Florida affected by Hurricane Nicole from November 7 to November 30. ...more

Saul Ewing LLP

Florida Becomes Latest State to Propose Anti-ESG Legislation

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On July 27, 2022, Florida Governor Ron DeSantis announced legislative proposals and initiatives that would prevent State Board of Administration (SBA) fund managers from considering environmental social and governance (ESG)...more

Wiley Rein LLP

Coverage for Negligence Claim Against Law Firm Arising from Wire Fraud Barred by Professional Liability Policy’s “Theft Exclusion”

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Applying Florida law, the United States District Court for the Southern District of Florida has held that a theft exclusion bars coverage under a lawyers’ professional liability policy for a negligence claim against the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

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Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Carlton Fields

Fraud-Free Sunsets: How Financial Professionals Can Deter Financial Elder Abuse in Florida and Reduce Their Own Liability Exposure

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Investment advisers, securities brokers, and other financial professionals who work directly with clients who are age 60 and older have two reasons to learn more about Florida’s financial elder abuse laws....more

BakerHostetler

Latest CFPB Report Highlights Consumer Debt Collection Complaints

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On March 29, the Consumer Financial Protection Bureau (CFPB) released its monthly report summarizing consumer complaints received through February 2016. Overall to date, the CFPB has received over 834,400 complaints....more

Ballard Spahr LLP

CFPB March 2016 complaint report highlights debt collection complaints, complaints from Florida consumers

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The CFPB has issued its March 2016 complaint report which highlights complaints about debt collection and complaints from Florida consumers. The CFPB began taking complaints about debt collection in July 2013. General...more

Carlton Fields

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

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The Florida Second District Court of Appeal recently issued a long-awaited opinion in Green Tree Servicing v. Milam. Until this decision, the district courts in Florida had not spoken directly on the issue of whether strict...more

Ballard Spahr LLP

CFPB obtains preliminary injunction against debt relief companies

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A Florida federal district court has entered a preliminary injunction against several companies and an individual who were named as defendants in a complaint filed by the CFPB in August 2015 charging them with violations of...more

Burr & Forman

Florida Appellate Court Provides Guidance on Proof Required to Enforce Lost Negotiable Instruments

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As Florida works through its foreclosure backlog, many of the cases remaining are those with complications, for example a lost promissory note. Such issues are not insurmountable, but do require an attention to detail. For...more

Burr & Forman

Mortgage Foreclosure Case Law Development: Substantial Compliance is the Legal Standard for Paragraph 22 Cases in Florida

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On July 29, 2015, Florida’s Second District Court of Appeal held that substantial compliance, rather than strict compliance, is the legal standard for evaluating a foreclosing plaintiff’s compliance with contractual...more

Burr & Forman

Burr Commentary: Florida’s District Courts of Appeal Continue to Tighten Standing Requirements for Foreclosures

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The UCC was supposed to make enforcing negotiable instruments a simpler, more streamlined process. It has proven anything but in Florida.  Continuing a trend that now stretches back years, mortgage lenders have had an...more

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