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New Florida Bill Creates Customer Complaint and Florida Office of Financial Regulation Investigation Process for House Bill 3, and Potentially Broadens the Scope of Financial Institutions Subject to House Bill 3

By Marina Olman-Pal, David C. Ashburn, Fred E. Karlinsky & Timothy F. Stanfield on March 25, 2024
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Florida State Capitol

On Mar. 8, 2024, the Florida Senate passed (35 YEAS / 3 NAYS) Florida House Bill No. 989 (HB 989 or the Bill), potentially amending section 655.0323, Florida Statutes, Titled, “Unsafe and unsound practices,” which was created by 2023 Florida House Bill No. 3 (HB 3).[1] HB 989, if signed into law, would provide customers who suspect that a financial institution acted in violation of an “[u]nsafe and unsound practice” standard established in section 655.0323 (2), Florida Statutes, with a right to submit a complaint to the OFR, which the OFR would then be required to investigate. 

Continue reading the full GT Alert.

Photo of Marina Olman-Pal Marina Olman-Pal

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office…

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office of Foreign Assets Control (OFAC) sanctions programs. Marina counsels a wide range of companies in the financial services sector including, domestic and foreign banks, gaming companies, money services businesses including money transmitters, cryptocurrency businesses, Fintech companies and digital payment companies. Throughout her career, Marina has represented clients before U.S. regulators such as the Federal Reserve, OCC, FDIC, FinCEN, OFAC, the Florida Office of Financial Regulation and other state supervisory authorities. Marina also regularly develops anti-money laundering programs for a wide range of financial services businesses and non-financial services businesses including, U.S. and foreign companies active in industries such as real estate, hospitality, automotive and artificial intelligence, among many others.

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Photo of David C. Ashburn David C. Ashburn

David C. Ashburn is Managing Shareholder of the Tallahassee Office. He provides state and federal regulatory counsel and administrative litigation representation to clients in the health care, managed care, financial services and insurance-industries. His understanding of governmental regulatory processes also enables him to…

David C. Ashburn is Managing Shareholder of the Tallahassee Office. He provides state and federal regulatory counsel and administrative litigation representation to clients in the health care, managed care, financial services and insurance-industries. His understanding of governmental regulatory processes also enables him to counsel buyers and sellers of regulated businesses and the lenders and private equity groups that finance those transactions. The types of clients that David advises include:

  • Institutional health care providers such as hospitals, ambulatory surgery centers, assisted living facilities, nursing homes, home health agencies, durable medical equipment providers, sober homes and hospices
  • Continuing care retirement communities
  • Financial services providers, including financial advisers and brokers
  • Insurers, health maintenance organizations (HMOs) and third-party administrators (TPAs)
  • Lenders and investors, including financial institutions, private equity funds and real estate investment trusts
  • Physician practices, including large multi-specialty practices
Read more about David C. AshburnEmail
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Photo of Fred E. Karlinsky Fred E. Karlinsky

Fred Karlinsky is a Shareholder and Global Co-Chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities. He is a recognized authority…

Fred Karlinsky is a Shareholder and Global Co-Chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities. He is a recognized authority on national insurance regulatory and compliance issues and has taken a leadership position in many insurance trade organizations. Recognized as the only Band 1 Florida insurance lawyer by Chambers & Partners and one of the most influential leaders in Florida politics by City & State Florida and INFLUENCE Magazine, Fred has in-depth knowledge of insurance compliance matters and has been a primary strategist in virtually all types of Florida insurance-related legislative initiatives. Fred has also been listed in The Best Lawyers in America, Super Lawyers, Florida Trend 500 and Florida Trend’s “Legal Elite” for his work in insurance law. In addition to his role with Greenberg Traurig, Fred has been an Adjunct Professor of Law at Florida State University College of Law since 2008, where he teaches a course on Insurance Law and Risk Management. Fred currently chairs the Florida Supreme Court Judicial Nominating Commission, which he has served on since 2014. Four of the seven current sitting Justices of the Florida Supreme Court have been appointed during Fred’s tenure on the JNC.

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Photo of Timothy F. Stanfield Timothy F. Stanfield

Timothy F. Stanfield is a Shareholder with the Florida Government Law & Policy Practice. He represents a broad array of private and public-sector clients before the Florida Legislature, Cabinet and State agencies. Tim’s practice is largely focused on regulated industries to include insurance…

Timothy F. Stanfield is a Shareholder with the Florida Government Law & Policy Practice. He represents a broad array of private and public-sector clients before the Florida Legislature, Cabinet and State agencies. Tim’s practice is largely focused on regulated industries to include insurance, land use, and alcoholic beverages, including addressing ‘tied house evil’ issues. He also represents local governments, trade associations, and clients participating in Florida’s procurement process. Tim has more than a dozen years of lobbying experience, and is known within Florida’s Capitol for his deep subject matter knowledge and strategic thinking.

Tim also provides clients with regulatory legal and consulting services. Tim has obtained a variety of permits, licenses, and approval certificates from state and local government agencies. He maintains working relationships within state departments and agencies, including the Department of Financial Services, Office of Insurance Regulation, Department of Economic Opportunity, Department of Transportation, Department of Health, Agency of Health Care Administration, Department of Business and Professional Regulation, and the Department of Management Services.

Read more about Timothy F. StanfieldEmailTimothy F.'s Linkedin Profile
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  • Posted in:
    Corporate & Commercial, International
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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