Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1316
       
       
       
       
       
       
                                Barcode 377698                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Banking and Insurance (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (5) through (9), (10) through (14),
    6  (15) through (24), and (26) through (34) of section 494.001,
    7  Florida Statutes, are renumbered as subsections (6) through
    8  (10), (12) through (16), (18) through (27), and (28) through
    9  (36), respectively, new subsections (5), (11), and (17) are
   10  added to that section, and present subsections (14), (25), and
   11  (26) of that section are amended, to read:
   12         494.001 Definitions.—As used in ss. 494.001-494.0077, the
   13  term:
   14         (5) “Contract loan processor” means an individual who is
   15  licensed under part II of this chapter as a loan originator, who
   16  is an independent contractor for a mortgage broker or mortgage
   17  lender, and who engages only in loan processing.
   18         (11) “In-house loan processor” means an individual who is
   19  an employee of a mortgage broker or a mortgage lender who
   20  engages only in loan processing.
   21         (16)(14) “Loan originator” means an individual who,
   22  directly or indirectly, solicits or offers to solicit a mortgage
   23  loan, accepts or offers to accept an application for a mortgage
   24  loan, negotiates or offers to negotiate the terms or conditions
   25  of a new or existing mortgage loan on behalf of a borrower or
   26  lender, processes a mortgage loan application, or negotiates or
   27  offers to negotiate the sale of an existing mortgage loan to a
   28  noninstitutional investor for compensation or gain. The term
   29  includes an individual who is required to be licensed as a loan
   30  originator under the activities of a loan originator as that
   31  term is defined in the S.A.F.E. Mortgage Licensing Act of 2008,
   32  and an individual acting as a loan originator pursuant to that
   33  definition is acting as a loan originator for purposes of this
   34  definition. The term does not include an employee of a mortgage
   35  broker or mortgage lender whose duties are limited to who
   36  performs only administrative or clerical tasks, including
   37  quoting available interest rates, physically handling a
   38  completed application form, or transmitting a completed
   39  application form to a lender on behalf of a prospective
   40  borrower.
   41         (17) “Loan processing” means:
   42         (a) Receiving, collecting, distributing, and analyzing
   43  information common for the processing of a mortgage loan; or
   44         (b) Communicating with a consumer to obtain information
   45  necessary for the processing of a mortgage loan if such
   46  communication does not include offering or negotiating loan
   47  rates or terms, or counseling consumers about residential
   48  mortgage loan rates or terms.
   49         (25) “Person” has the same meaning as in s. 1.01.
   50         (28)(26) “Principal loan originator” means the licensed
   51  loan originator in charge of, and responsible for, the operation
   52  of a mortgage lender or mortgage broker, including all of the
   53  activities of the mortgage lender’s or mortgage broker’s loan
   54  originators, in-house loan processors, and branch managers,
   55  whether employees or independent contractors.
   56         Section 2. Subsection (2) of section 494.0011, Florida
   57  Statutes, is amended to read:
   58         494.0011 Powers and duties of the commission and office.—
   59         (2) To administer ss. 494.001-494.0077, The commission may
   60  adopt rules to administer parts I, II, and III of this chapter,
   61  including rules:
   62         (a) Requiring electronic submission of any forms,
   63  documents, or fees required by this act.
   64         (b) Relating to compliance with the S.A.F.E. Mortgage
   65  Licensing Act of 2008, including rules to:
   66         1. Require in-house loan processors, loan originators,
   67  mortgage brokers, mortgage lenders, and branch offices to
   68  register through the registry.
   69         2. Require the use of uniform forms that have been approved
   70  by the registry, and any subsequent amendments to such forms if
   71  the forms are substantially in compliance with the provisions of
   72  this chapter. Uniform forms that the commission may adopt
   73  include, but are not limited to:
   74         a. Uniform Mortgage Lender/Mortgage Broker Form, MU1.
   75         b. Uniform Mortgage Biographical Statement & Consent Form,
   76  MU2.
   77         c. Uniform Mortgage Branch Office Form, MU3.
   78         d. Uniform Individual Mortgage License/Registration &
   79  Consent Form, MU4.
   80         3. Require the filing of forms, documents, and fees in
   81  accordance with the requirements of the registry.
   82         4. Prescribe requirements for amending or surrendering a
   83  license or other activities as the commission deems necessary
   84  for the office’s participation in the registry.
   85         5. Prescribe procedures that allow a licensee to challenge
   86  information contained in the registry.
   87         6. Prescribe procedures for reporting violations of this
   88  chapter and disciplinary actions on licensees to the registry.
   89         (c) Establishing time periods during which an in-house
   90  processor, a loan originator, a mortgage broker, or a mortgage
   91  lender license applicant under part II or part III is barred
   92  from licensure due to prior criminal convictions of, or guilty
   93  or nolo contendere pleas by, any of the applicant’s control
   94  persons, regardless of adjudication.
   95         1. The rules must provide:
   96         a. Permanent bars for felonies involving fraud, dishonesty,
   97  breach of trust, or money laundering;
   98         b. A 15-year disqualifying period for felonies involving
   99  moral turpitude;
  100         c. A 7-year disqualifying period for all other felonies;
  101  and
  102         d. A 5-year disqualifying period for misdemeanors involving
  103  fraud, dishonesty, or any other act of moral turpitude.
  104         2. The rules may provide for an additional waiting period
  105  due to dates of imprisonment or community supervision, the
  106  commitment of multiple crimes, and other factors reasonably
  107  related to the applicant’s criminal history.
  108         3. The rules may provide for mitigating factors for crimes
  109  identified in sub-subparagraph 1.b. However, the mitigation may
  110  not result in a period of disqualification less than 7 years.
  111  The rule may not mitigate the disqualifying periods in sub
  112  subparagraphs 1.a., 1.c., and 1.d.
  113         4. An applicant is not eligible for licensure until the
  114  expiration of the disqualifying period set by rule.
  115         5. Section 112.011 is not applicable to eligibility for
  116  licensure under this part.
  117         Section 3. Subsection (1) of section 494.0018, Florida
  118  Statutes, is amended to read:
  119         494.0018 Penalties.—
  120         (1) Whoever knowingly violates any provision of s.
  121  494.00255(1)(a), (b), or (c) or s. 494.0025(1), (3)(2), (4)(3),
  122  (5)(4), or (6)(5), except as provided in subsection (2) of this
  123  section, commits a felony of the third degree, punishable as
  124  provided in s. 775.082, s. 775.083, or s. 775.084. Each such
  125  violation constitutes a separate offense.
  126         Section 4. Subsections (2) through (10) of section
  127  494.0025, Florida Statutes, are renumbered as subsections (3)
  128  through (11), respectively, and a new subsection (2) is added to
  129  that section, to read:
  130         494.0025 Prohibited practices.—It is unlawful for any
  131  person:
  132         (2) To act as an in-house loan processor in this state
  133  without a current, active in-house processor license issued by
  134  the office pursuant to part II of this chapter.
  135         Section 5. Paragraphs (n) and (p) of subsection (1),
  136  paragraph (f) of subsection (2), and subsections (3), (4), (5),
  137  (6), and (8) of section 494.00255, Florida Statutes, are
  138  amended, and paragraph (m) of subsection (1) is reenacted, to
  139  read:
  140         494.00255 Administrative penalties and fines; license
  141  violations.—
  142         (1) Each of the following acts constitutes a ground for
  143  which the disciplinary actions specified in subsection (2) may
  144  be taken against a person licensed or required to be licensed
  145  under part II or part III of this chapter:
  146         (m) In any mortgage transaction, violating any provision of
  147  the federal Real Estate Settlement Procedures Act, as amended,
  148  12 U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
  149  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
  150  under such acts.
  151         (n) Having a loan originator, an in-house loan processor, a
  152  mortgage broker, or a mortgage lender license, or the equivalent
  153  of such license, revoked in any jurisdiction.
  154         (p) Acting as a loan originator, an in-house loan
  155  processor, a mortgage broker, or a mortgage lender without a
  156  current license issued under part II or part III of this
  157  chapter.
  158         (2) If the office finds a person in violation of any act
  159  specified in this section, it may enter an order imposing one or
  160  more of the following penalties:
  161         (f) An administrative fine of up to $1,000 per day, but not
  162  to exceed $25,000 cumulatively, for each day that:
  163         1. A mortgage broker or mortgage lender conducts business
  164  at an unlicensed branch office.
  165         2. An unlicensed person acts as a loan originator, an in
  166  house loan processor, a mortgage broker, or a mortgage lender.
  167         (3) A mortgage broker or mortgage lender, as applicable, is
  168  subject to the disciplinary actions specified in subsection (2)
  169  for a violation of subsection (1) by:
  170         (a) A control person of the mortgage broker or mortgage
  171  lender; or
  172         (b) A loan originator employed by or contracting with the
  173  mortgage broker or mortgage lender; or
  174         (c) An in-house loan processor who is an employee of the
  175  mortgage broker or mortgage lender.
  176         (4) A principal loan originator of a mortgage broker is
  177  subject to the disciplinary actions specified in subsection (2)
  178  for violations of subsection (1) by a loan originator or an in
  179  house loan processor in the course of an association with the
  180  mortgage broker if there is a pattern of repeated violations by
  181  the loan originator or in-house loan processor or if the
  182  principal loan originator has knowledge of the violations.
  183         (5) A principal loan originator of a mortgage lender is
  184  subject to the disciplinary actions specified in subsection (2)
  185  for violations of subsection (1) by a loan originator or an in
  186  house loan processor in the course of an association with a
  187  mortgage lender if there is a pattern of repeated violations by
  188  the loan originator or in-house loan processor or if the
  189  principal loan originator has knowledge of the violations.
  190         (6) A branch manager is subject to the disciplinary actions
  191  specified in subsection (2) for violations of subsection (1) by
  192  a loan originator or an in-house loan processor in the course of
  193  an association with the mortgage broker or mortgage lender if
  194  there is a pattern of repeated violations by the loan originator
  195  or in-house loan processor or if the branch manager has
  196  knowledge of the violations.
  197         (8) Pursuant to s. 120.60(6), the office may summarily
  198  suspend the license of a loan originator, an in-house loan
  199  processor, a mortgage broker, or a mortgage lender if the office
  200  has reason to believe that a licensee poses an immediate,
  201  serious danger to the public’s health, safety, or welfare. The
  202  arrest of the licensee, or the mortgage broker or the mortgage
  203  lender’s control person, for any felony or any crime involving
  204  fraud, dishonesty, breach of trust, money laundering, or any
  205  other act of moral turpitude is deemed sufficient to constitute
  206  an immediate danger to the public’s health, safety, or welfare.
  207  Any proceeding for the summary suspension of a license must be
  208  conducted by the commissioner of the office, or designee, who
  209  shall issue the final summary order.
  210         Section 6. Subsection (5) of section 494.00312, Florida
  211  Statutes, is amended to read:
  212         494.00312 Loan originator license.—
  213         (5) The office may not issue a license to an applicant who
  214  has had a loan originator or an in-house loan processor license
  215  or its equivalent revoked in any jurisdiction.
  216         Section 7. Section 494.00314, Florida Statutes, is created
  217  to read:
  218         494.00314 In-house loan processor license.—
  219         (1) An individual acting as an in-house loan processor must
  220  be licensed under this section.
  221         (2) In order to apply for an in-house loan processor
  222  license, an applicant must:
  223         (a) Be at least 18 years of age and have a high school
  224  diploma or its equivalent.
  225         (b) Submit a completed license application form as
  226  prescribed by commission rule.
  227         (c) Submit a nonrefundable application fee of $100.
  228  Application fees may not be prorated for partial years of
  229  licensure.
  230         (d) Submit fingerprints in accordance with rules adopted by
  231  the commission.
  232         1. The fingerprints must be submitted to a live-scan vendor
  233  authorized by the Department of Law Enforcement.
  234         2. A state criminal history background check must be
  235  conducted through the Department of Law Enforcement, and a
  236  federal criminal history check must be conducted through the
  237  Federal Bureau of Investigation.
  238         3. All fingerprints submitted to the Department of Law
  239  Enforcement must be submitted electronically and entered into
  240  the statewide automated fingerprint identification system
  241  established in s. 943.05(2)(b) and available for use in
  242  accordance with s. 943.05(2)(g) and (h). The office shall pay an
  243  annual fee to the department to participate in the system and
  244  inform the department of any person whose fingerprints are no
  245  longer required to be retained.
  246         4. The costs of fingerprint processing, including the cost
  247  of retaining fingerprints, shall be borne by the person subject
  248  to the background check.
  249         5. The office is responsible for reviewing the results of
  250  the state and federal criminal history checks and determining
  251  whether the applicant meets licensure requirements.
  252         (e) Submit additional information or documentation
  253  requested by the office and required by rule concerning the
  254  applicant. Additional information may include documentation of
  255  pending or prior disciplinary or criminal history events,
  256  including arrest reports and certified copies of charging
  257  documents, plea agreements, judgments and sentencing documents,
  258  documents relating to pretrial intervention, orders terminating
  259  probation or supervised release, final administrative agency
  260  orders, or other comparable documents that may provide the
  261  office with the appropriate information to determine eligibility
  262  for licensure.
  263         (f) Submit any other information required by the registry
  264  for processing the application.
  265         (3) An application is considered received for the purposes
  266  of s. 120.60 upon the office’s receipt of all documentation from
  267  the registry, including the completed application form, criminal
  268  history information, and license application fee.
  269         (4) The office shall issue an in-house loan processor
  270  license to each person who is not otherwise ineligible and who
  271  meets the requirements of this section. However, it is a ground
  272  for denial of licensure if the applicant:
  273         (a) Has committed any violation specified in ss. 494.001
  274  494.0077; or
  275         (b) Is the subject of a pending felony criminal prosecution
  276  or a prosecution or an administrative enforcement action in any
  277  jurisdiction which involves fraud, dishonesty, breach of trust,
  278  money laundering, or any other act of moral turpitude.
  279         (5) The office may not issue a license to an applicant who
  280  has had an in-house loan processor or loan originator license or
  281  its equivalent revoked in any jurisdiction.
  282         (6) An in-house loan processor license shall be annulled
  283  pursuant to s. 120.60 if it was issued by the office by mistake.
  284  A license must be reinstated if the applicant demonstrates that
  285  the requirements for obtaining the license have been satisfied.
  286         (7) All in-house loan processor licenses must be renewed
  287  annually by December 31, pursuant to s. 494.00315. If a person
  288  holding an active license has not applied to renew the license
  289  on or before December 31, the license expires on December 31. If
  290  a person holding an active license has applied to renew on or
  291  before December 31, the license remains active until the renewal
  292  application is approved or denied. An in-house loan processor is
  293  not precluded from reapplying for licensure upon expiration of a
  294  previous license.
  295         (8) An in-house loan processor licensed under this section
  296  may not act as a loan originator without a loan originator
  297  license issued under this part.
  298         (9) A loan originator licensed under this part may also act
  299  as an in-house loan processor without an in-house loan processor
  300  license.
  301         Section 8. Section 494.00315, Florida Statutes, is created
  302  to read:
  303         494.00315 In-house loan processor license renewal.—In order
  304  to renew an in-house loan processor license, an in-house loan
  305  processor must:
  306         (1) Submit a completed license renewal form as prescribed
  307  by commission rule.
  308         (2) Submit a nonrefundable renewal fee of $75 and
  309  nonrefundable fees to cover the costs of further fingerprint
  310  processing and retention as set forth in commission rule.
  311         (3) Submit any additional information or documentation
  312  requested by the office and required by rule concerning the
  313  licensee. Additional information may include documentation of
  314  pending and prior disciplinary and criminal history events,
  315  including arrest reports and certified copies of charging
  316  documents, plea agreements, judgments and sentencing documents,
  317  documents relating to pretrial intervention, orders terminating
  318  probation or supervised release, final administrative agency
  319  orders, or other comparable documents that may provide the
  320  office with the appropriate information to determine eligibility
  321  for renewal of licensure.
  322         Section 9. Section 494.00331, Florida Statutes, is amended
  323  to read:
  324         494.00331 Loan originator and loan processor employment.—
  325         (1) LOAN ORIGINATORS.—An individual may not act as a loan
  326  originator unless he or she is an employee of, or an independent
  327  contractor for, a mortgage broker or a mortgage lender, and may
  328  not be employed by or contract with more than one mortgage
  329  broker or mortgage lender, or either simultaneously.
  330         (2) CONTRACT LOAN PROCESSORS.—Subsection (1) However, this
  331  provision does not apply to a contract loan processor who has a
  332  declaration of intent to act solely as a contract loan processor
  333  on file with the office. The declaration of intent must be on a
  334  form as prescribed by commission rule any licensed loan
  335  originator who acts solely as a loan processor and contracts
  336  with more than one mortgage broker or mortgage lender, or either
  337  simultaneously.
  338         (2) For purposes of this section, the term “loan processor”
  339  means an individual who is licensed as a loan originator who
  340  engages only in:
  341         (a) The receipt, collection, distribution, and analysis of
  342  information common for the processing or underwriting of a
  343  residential mortgage loan; or
  344         (b) Communication with consumers to obtain the information
  345  necessary for the processing or underwriting of a loan, to the
  346  extent that such communication does not include offering or
  347  negotiating loan rates or terms or does not include counseling
  348  consumers about residential mortgage loan rates or terms.
  349         (3) A person may not act as a loan processor unless the
  350  person is licensed as a loan originator under this chapter and
  351  has on file with the office a declaration of intent to engage
  352  solely in loan processing. The declaration of intent must be on
  353  such form as prescribed by the commission by rule.
  354         (a)(4) A loan originator that currently has a declaration
  355  of intent to engage solely in loan processing on file with the
  356  office may withdraw his or her declaration of intent to engage
  357  solely in loan processing. The withdrawal of declaration of
  358  intent must be on such form as prescribed by commission rule.
  359         (b)(5) A declaration of intent or a withdrawal of
  360  declaration of intent is effective upon receipt by the office.
  361         (c)(6) The fee earned by a contract loan processor may be
  362  paid to the company that employs the loan processor without
  363  violating the restriction in s. 494.0025(8)(7) requiring fees or
  364  commissions to be paid to a licensed mortgage broker or mortgage
  365  lender or a person exempt from licensure under this chapter.
  366         (3) IN-HOUSE LOAN PROCESSORS.—An individual may not act as
  367  an in-house loan processor unless he or she is an employee of a
  368  mortgage broker or a mortgage lender and may not be employed by
  369  more than one mortgage broker or mortgage lender, or either,
  370  simultaneously. An in-house loan processor must work at the
  371  direction of and be subject to the supervision and instruction
  372  of a loan originator licensed under this part.
  373         Section 10. Subsection (1) of section 494.0035, Florida
  374  Statutes, is amended to read:
  375         494.0035 Principal loan originator and branch manager for
  376  mortgage broker.—
  377         (1) Each mortgage broker must be operated by a principal
  378  loan originator who shall have full charge, control, and
  379  supervision of the mortgage broker business. The principal loan
  380  originator must have been licensed as a loan originator for at
  381  least 1 year before being designated as the principal loan
  382  originator, or must demonstrate to the satisfaction of the
  383  office that he or she has been actively engaged as in a
  384  mortgage-related mortgage broker-related business for at least 1
  385  year before being designated as a principal loan originator.
  386  Each mortgage broker must keep the office informed of the person
  387  designated as the principal loan originator as prescribed by
  388  commission rule. If the designation is inaccurate, the mortgage
  389  broker business shall be deemed to be operated under the full
  390  charge, control, and supervision of each officer, director, or
  391  ultimate equitable owner of a 10-percent or greater interest in
  392  the mortgage broker, or any other person in a similar capacity.
  393  A loan originator may not be a principal loan originator for
  394  more than one mortgage broker at any given time.
  395         Section 11. Paragraph (c) of subsection (3) of section
  396  494.0038, Florida Statutes, is amended to read:
  397         494.0038 Loan origination and mortgage broker fees and
  398  disclosures.—
  399         (3) At the time a written mortgage broker agreement is
  400  signed by the borrower or forwarded to the borrower for
  401  signature, or at the time the mortgage broker business accepts
  402  an application fee, credit report fee, property appraisal fee,
  403  or any other third-party fee, but at least 3 business days
  404  before execution of the closing or settlement statement, the
  405  mortgage broker shall disclose in writing to any applicant for a
  406  mortgage loan the following information:
  407         (c) A good faith estimate that discloses settlement charges
  408  and loan terms, signed and dated by the borrower, which
  409  discloses the total amount of each of the fees the borrower may
  410  reasonably expect to pay if the loan is closed, including, but
  411  not limited to, fees earned by the mortgage broker, lender fees,
  412  third-party fees, and official fees, together with the terms and
  413  conditions for obtaining a refund of such fees, if any.
  414         1. Any amount collected in excess of the actual cost shall
  415  be returned within 60 days after rejection, withdrawal, or
  416  closing.
  417         2. At the time a good faith estimate is provided to the
  418  borrower, the loan originator must identify in writing an
  419  itemized list that provides the recipient of all payments
  420  charged the borrower, which, except for all fees to be received
  421  by the mortgage broker, may be disclosed in generic terms, such
  422  as, but not limited to, paid to lender, appraiser, officials,
  423  title company, or any other third-party service provider. This
  424  requirement does not supplant or is not a substitute for the
  425  written mortgage broker agreement described in subsection (1).
  426  The disclosure required under this subparagraph must be signed
  427  and dated by the borrower.
  428         Section 12. Paragraph (a) of subsection (7) of section
  429  494.00421, Florida Statutes, is amended to read:
  430         494.00421 Fees earned upon obtaining a bona fide
  431  commitment.—Notwithstanding the provisions of ss. 494.001
  432  494.0077, any mortgage broker which contracts to receive a loan
  433  origination fee from a borrower upon obtaining a bona fide
  434  commitment shall accurately disclose in the mortgage broker
  435  agreement:
  436         (7)(a) The following statement, in at least 12-point
  437  boldface type immediately above the signature lines for the
  438  borrowers:
  439         “You are entering into a contract with a mortgage broker to
  440  obtain a bona fide mortgage loan commitment under the same terms
  441  and conditions as stated hereinabove or in a separate executed
  442  good faith estimate form. If the mortgage broker obtains a bona
  443  fide commitment under the same terms and conditions, you will be
  444  obligated to pay the loan origination fees even if you choose
  445  not to complete the loan transaction. If the provisions of s.
  446  494.00421, Florida Statutes, are not met, the loan origination
  447  fee can only be earned upon the funding of the mortgage loan.
  448  The borrower may contact the Office of Financial Regulation
  449  Department of Financial Services, Tallahassee, Florida,
  450  regarding any complaints that the borrower may have against the
  451  loan originator. The telephone number of the office department
  452  is: ...(insert telephone number)....”
  453         Section 13. Subsection (5) of section 494.00611, Florida
  454  Statutes, is amended to read:
  455         494.00611 Mortgage lender license.—
  456         (5) The office may not issue a license if the applicant has
  457  had a mortgage lender license or its equivalent revoked in any
  458  jurisdiction, or any of the applicant’s control persons has ever
  459  had a loan originator or an in-house loan processor license or
  460  its equivalent revoked in any jurisdiction.
  461         Section 14. Paragraph (e) of subsection (1) of section
  462  494.00612, Florida Statutes, is amended to read:
  463         494.00612 Mortgage lender license renewal.—
  464         (1) In order to renew a mortgage lender license, a mortgage
  465  lender must:
  466         (e) Authorize the registry to obtain an independent credit
  467  report on each of the mortgage lender’s control persons lender
  468  from a consumer reporting agency, and transmit or provide access
  469  to the report to the office. The cost of the credit report shall
  470  be borne by the licensee.
  471         Section 15. Subsection (13) is added to section 494.0067,
  472  Florida Statutes, to read:
  473         494.0067 Requirements of mortgage lenders.—
  474         (13) Each mortgage lender shall submit to the registry
  475  reports of condition which are in a form and which contain such
  476  information as the registry may require.
  477         Section 16. This act shall take effect January 1, 2012.
  478  
  479  ================= T I T L E  A M E N D M E N T ================
  480         And the title is amended as follows:
  481         Delete everything before the enacting clause
  482  and insert:
  483                        A bill to be entitled                      
  484         An act relating to loan processing; amending s.
  485         494.001, F.S.; creating and revising definitions;
  486         deleting a redundant definition; amending s. 494.0011,
  487         F.S.; specifying rulemaking powers of the Financial
  488         Services Commission; amending s. 494.0018, F.S.;
  489         revising cross-references; amending s. 494.0025, F.S.;
  490         prohibiting acting as an in-house loan processor
  491         without a specified license; amending s. 494.00255,
  492         F.S.; including licensed in-house loan processors in
  493         disciplinary provisions; amending s. 494.00312, F.S.;
  494         providing that a loan originator license may not be
  495         issued to a person who has had an in-house loan
  496         processor license or its equivalent revoked in any
  497         jurisdiction; creating s. 494.00314, F.S.; providing
  498         for licensing of in-house loan processors; providing
  499         application requirements; specifying when an
  500         application is considered received; providing grounds
  501         for denial of licensure; prohibiting issuance of
  502         licenses to applicants who have had certain licenses
  503         revoked in other jurisdictions; providing for
  504         annulment of licenses in certain circumstances;
  505         requiring annual renewal of licenses; prohibiting an
  506         in-house loan processor from acting as a loan
  507         originator without a loan originator license;
  508         authorizing a licensed loan originator to act as an
  509         in-house loan processor without an in-house loan
  510         processor license; creating s. 494.00315, F.S.;
  511         providing for license renewals; amending s. 494.00331,
  512         F.S.; providing that specified provisions do not apply
  513         to a licensed contract loan processor who has on file
  514         with the office a declaration of intent to act solely
  515         as a contract loan processor; deleting a definition;
  516         providing restrictions on employment of persons
  517         licensed as in-house loan processors; amending s.
  518         494.0035, F.S.; clarifying provisions concerning
  519         operation of mortgage brokers; amending s. 494.0038,
  520         F.S.; revising provisions relating to disclosure of
  521         settlement charges and loan terms; amending s.
  522         494.00421, F.S.; revising an agency reference in the
  523         mortgage broker agreement; providing that a borrower
  524         may contact the Office of Financial Regulation rather
  525         than the Department of Financial Services regarding
  526         any complaints against a loan originator; amending s.
  527         494.00611, F.S.; providing that a mortgage lender
  528         license may not be issued to an applicant if any of
  529         the applicant’s control persons has ever had an in
  530         house loan processor license or its equivalent revoked
  531         in any jurisdiction; amending s. 494.00612, F.S.;
  532         requiring that in order to renew a mortgage lender
  533         license a mortgage lender must authorize the
  534         Nationwide Mortgage Licensing System and Registry to
  535         obtain an independent credit report on each of the
  536         mortgage lender’s control persons; amending s.
  537         494.0067, F.S.; requiring each mortgage lender to
  538         submit certain reports to the registry as may be
  539         required; providing an effective date.