Office of Financial Regulation Alisa Goldberg Chief, Bureau of Registration Division of Securities 1 History • The Office of Financial Regulation (OFR) was created in 203 by section 20.121(3), Florida Statutes, from Cabinet reorganization legislation. • The OFR is preceded by the former Comptroller’s Office dating to the mid1800s. 2 Mission To protect the citizens of Florida, promote a safe and sound financial marketplace, and contribute to the growth of Florida’s economy with smart, efficient and effective regulation of the financial services industry. 3 Leadership • The OFR reports to the Financial Services Commission, which is comprised of Florida’s Cabinet. • Headed by a commissioner appointed by the Commission. • Commission has final rule approval, but all regulatory decisions are vested with the OFR. 4 Budget • The OFR is self-supporting – Operating revenues come from the businesses and individuals it regulates • Total Budget - $38.5 million 5 Employees • Full-Time Employees: 362 – Division of Financial Institutions: 114 – Division of Consumer Finance: 97 – Division of Securities: 96 – Bureau of Financial Investigations: 39 – Executive Direction: 16 6 Locations 7 Organization • Three divisions and one bureau • Programs oversee and regulate a wide range of financial enterprises and individuals – State-chartered banks, credit unions – Securities industry participants – Mortgage loan originators, consumer finance companies, money transmitters, foreign currency exchangers, payday lenders 8 Division of Financial Institutions • Licenses, examines and regulates statechartered financial institutions • Ensures private funds deposited in Florida’s state-chartered financial institutions are protected from potential loss due to failure or insolvency 9 Charters 10 Advantages of State Charter • Lower cost • Local knowledge of Florida markets • More responsive to changes in local economies • Direct access to regulators • Ability to evaluate local conditions and needs without having to transfer responsibility to other authorities 11 Division of Consumer Finance • Licenses and regulates non-depository financial service industries and individuals – Collection Agencies – Consumer Finance – Loan Originators, Mortgage Brokers and Lenders – Money Services Businesses • Check cashers, money transmitters, payday lenders, foreign currency exchangers 12 Division of Consumer Finance – Retail Installment Sales • Motor vehicle retail installment sellers, retail installment sellers, sales finance companies, home improvement finance sellers – Title Loan Lenders • Conducts examinations and complaint investigations of licensed entities 13 Licensees • Mortgage Loan Brokering, Origination & Servicing – 1,939 Companies; 1,628 Branches; 17,693 Individuals • Collection Agencies – 1,527 Consumer Collectors; 174 Commercial Collectors • Consumer Finance Companies – 142 Companies at 349 Locations 14 Licensees • Retail Installment Sales – 5,654 Companies; 1,727 Branches • Money Services Businesses – 1,114 Companies with an additional 56,238 Authorized Locations and Branches • Title Loan Lending – 2 Companies • Total – 91,000 15 Bureau of Financial Investigations • Criminal justice arm of the agency – Conducts complex investigations of the financial services industry – Participates in joint investigations with local, state and federal law enforcement agencies 16 Statistics • Formal Investigations Closed: 91 • Investigations Resulting in Enforcement Actions: 30 – Criminal: 22, Civil: 1; Administrative: 13 • Imprisonment Results – 27 total defendants convicted; 24 received prison terms – 144.6 year of prison; 128 years of probation 17 Division of Securities • Regulates the sale of securities and investment advice in, to or from Florida by firms (securities dealers, issuer dealers and investment advisers), branch offices and individuals affiliated with the firms to determine compliance with Florida law 18 Structure • Bureau of Registration – Processes and evaluates applications for firms and individuals seeking registration to conduct business in, to or from Florida • Bureau of Enforcement – Conducts examinations of registered securities dealers, investment advisers, branch offices and associated persons to determine compliance 19 Registrants • • • • • Securities Dealers: 2,789 Investment Advisers: 5,182 Branches: 10,373 Agents: 296,271 Total: 314,615 20 Registrants • What’s the difference in Dealers, Investment Advisers and Agents? – Dealers offer and sell securities – Advisers provide advice regarding securities for a fee – Agents act on behalf of, and under the supervision of, dealers and investment advisers 21 Registration Review • Analysts closely review firm and agent applications to ensure that unqualified firms and individuals are not allowed to conduct business in, to or from Florida • How does registration help the industry? – Provides an extra level of review in the hiring process – Protects the reputation of the industry – Keeps unqualified firms and agents out 22 Examination Oversight • Examiners conduct examinations of and investigate customer complaints against registered entities • How do examinations help the industry? – Ensure compliance by individuals and firms – Serve as a source of compliance information – Enhance consumer confidence in the industry 23 Contact Information 850-410-9593 24
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