Florida Senate - 2011                                    SB 1316
       
       
       
       By Senator Detert
       
       
       
       
       23-00937-11                                           20111316__
    1                        A bill to be entitled                      
    2         An act relating to loan processing; amending s.
    3         494.001, F.S.; creating and revising definitions;
    4         deleting a redundant definition; amending s. 494.0011,
    5         F.S.; specifying rulemaking powers; amending s.
    6         494.0025, F.S.; prohibiting acting as an in-house loan
    7         processor without a specified license; amending s.
    8         494.0018, F.S.; revising cross-references; amending s.
    9         494.00255, F.S.; including licensed in-house loan
   10         processors in disciplinary provisions; creating s.
   11         494.00314, F.S.; providing for licensing of in-house
   12         loan processors; providing application requirements;
   13         specifying when an application is considered received;
   14         providing grounds for denial of licensure; prohibiting
   15         issuance of licenses to applicants who have had
   16         certain licenses revoked in other jurisdictions;
   17         providing for annulment of licenses in certain
   18         circumstances; requiring annual renewal of licenses;
   19         providing that an in-house loan processor may not act
   20         as a loan originator without a loan originator
   21         license; providing that a licensed loan originator may
   22         act as an in-house loan processor without an in-house
   23         loan processor license; creating s. 494.00315, F.S.;
   24         providing for license renewals; amending s. 494.00312,
   25         F.S.; providing that a loan originator license may not
   26         be issued to a person who has had an in-house loan
   27         processor license or its equivalent revoked in any
   28         jurisdiction; amending s. 494.00331, F.S.; providing
   29         that specified provisions do not apply to a licensed
   30         contract loan processor who has on file with the
   31         office a declaration of intent to act solely as a
   32         contract loan processor; deleting a definition;
   33         providing restrictions on employment of persons
   34         licensed as in-house loan processors; amending s.
   35         494.0035, F.S.; clarifying provisions concerning
   36         operation of mortgage brokers; amending s. 494.0038,
   37         F.S.; revising provisions relating to disclosure of
   38         settlement charges and loan terms; amending s.
   39         494.00421, F.S.; revising an agency reference;
   40         amending s. 494.00611, F.S.; providing that a mortgage
   41         lender license may not be issued to an applicant if
   42         any of the applicant’s control persons has ever had an
   43         in-house loan processor license or its equivalent
   44         revoked in any jurisdiction; amending s. 494.00612,
   45         F.S.; requiring that in order to renew a mortgage
   46         lender license a mortgage lender must authorize the
   47         Nationwide Mortgage Licensing System and Registry to
   48         obtain an independent credit report on each of the
   49         mortgage lender’s control persons; amending s.
   50         494.0067, F.S.; requiring each mortgage lender to
   51         submit certain reports to the registry as may be
   52         required; providing an effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Subsections (5) through (9), (10) through (14),
   57  (15) through (24), and (26) through (34) of section 494.001,
   58  Florida Statutes, are renumbered as subsections (6) through
   59  (10), (12) through (16), (18) through (27), and (28) through
   60  (36), respectively, new subsections (5), (11), and (17) are
   61  added to that section, and present subsections (14), (25), and
   62  (26) of that section are amended, to read:
   63         494.001 Definitions.—As used in ss. 494.001-494.0077, the
   64  term:
   65         (5) “Contract loan processor” means an individual who is an
   66  independent contractor for a mortgage broker or a mortgage
   67  lender who engages only in loan processing.
   68         (11) “In-house loan processor” means an individual who is
   69  an employee of a mortgage broker or a mortgage lender who
   70  engages only in loan processing.
   71         (16)(14) “Loan originator” means an individual who,
   72  directly or indirectly, solicits or offers to solicit a mortgage
   73  loan, accepts or offers to accept an application for a mortgage
   74  loan, negotiates or offers to negotiate the terms or conditions
   75  of a new or existing mortgage loan on behalf of a borrower or
   76  lender, processes a mortgage loan application, or negotiates or
   77  offers to negotiate the sale of an existing mortgage loan to a
   78  noninstitutional investor for compensation or gain. The term
   79  includes an individual who is required to be licensed as a loan
   80  originator under the activities of a loan originator as that
   81  term is defined in the S.A.F.E. Mortgage Licensing Act of 2008,
   82  and an individual acting as a loan originator pursuant to that
   83  definition is acting as a loan originator for purposes of this
   84  definition. The term does not include an employee of a mortgage
   85  broker or mortgage lender whose duties are limited to who
   86  performs only administrative or clerical tasks, including
   87  quoting available interest rates, physically handling a
   88  completed application form, or transmitting a completed
   89  application form to a lender on behalf of a prospective
   90  borrower.
   91         (17) “Loan processing” means:
   92         (a) The receipt, collection, distribution, and analysis of
   93  information common for the processing of a mortgage loan; or
   94         (b) Communicating with a consumer to obtain the information
   95  necessary for the processing of a mortgage loan, to the extent
   96  that such communication does not include offering or negotiating
   97  loan rates or terms or counseling consumers about residential
   98  mortgage loan rates or terms.
   99         (25) “Person” has the same meaning as in s. 1.01.
  100         (28)(26) “Principal loan originator” means the licensed
  101  loan originator in charge of, and responsible for, the operation
  102  of a mortgage lender or mortgage broker, including all of the
  103  activities of the mortgage lender’s or mortgage broker’s loan
  104  originators, in-house loan processors, and branch managers,
  105  whether employees or independent contractors.
  106         Section 2. Subsection (2) of section 494.0011, Florida
  107  Statutes, is amended to read:
  108         494.0011 Powers and duties of the commission and office.—
  109         (2) To administer ss. 494.001-494.0077, the commission may
  110  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  111  parts I, II, and III of this chapter, including rules:
  112         (a) Requiring electronic submission of any forms,
  113  documents, or fees required by this act.
  114         (b) Relating to compliance with the S.A.F.E. Mortgage
  115  Licensing Act of 2008, including rules to:
  116         1. Require loan originators, mortgage brokers, mortgage
  117  lenders, and branch offices to register through the registry.
  118         2. Require the use of uniform forms that have been approved
  119  by the registry, and any subsequent amendments to such forms if
  120  the forms are substantially in compliance with the provisions of
  121  this chapter. Uniform forms that the commission may adopt
  122  include, but are not limited to:
  123         a. Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  124         b. Uniform Mortgage Biographical Statement & Consent Form,
  125  MU2.
  126         c. Uniform Mortgage Branch Office Form, MU3.
  127         d. Uniform Individual Mortgage License/Registration &
  128  Consent Form, MU4.
  129         3. Require the filing of forms, documents, and fees in
  130  accordance with the requirements of the registry.
  131         4. Prescribe requirements for amending or surrendering a
  132  license or other activities as the commission deems necessary
  133  for the office’s participation in the registry.
  134         5. Prescribe procedures that allow a licensee to challenge
  135  information contained in the registry.
  136         6. Prescribe procedures for reporting violations of this
  137  chapter and disciplinary actions on licensees to the registry.
  138         (c) Establishing time periods during which a loan
  139  originator, mortgage broker, or mortgage lender license
  140  applicant under part II or part III is barred from licensure due
  141  to prior criminal convictions of, or guilty or nolo contendere
  142  pleas by, any of the applicant’s control persons, regardless of
  143  adjudication.
  144         1. The rules must provide:
  145         a. Permanent bars for felonies involving fraud, dishonesty,
  146  breach of trust, or money laundering;
  147         b. A 15-year disqualifying period for felonies involving
  148  moral turpitude;
  149         c. A 7-year disqualifying period for all other felonies;
  150  and
  151         d. A 5-year disqualifying period for misdemeanors involving
  152  fraud, dishonesty, or any other act of moral turpitude.
  153         2. The rules may provide for an additional waiting period
  154  due to dates of imprisonment or community supervision, the
  155  commitment of multiple crimes, and other factors reasonably
  156  related to the applicant’s criminal history.
  157         3. The rules may provide for mitigating factors for crimes
  158  identified in sub-subparagraph 1.b. However, the mitigation may
  159  not result in a period of disqualification less than 7 years.
  160  The rule may not mitigate the disqualifying periods in sub
  161  subparagraphs 1.a., 1.c., and 1.d.
  162         4. An applicant is not eligible for licensure until the
  163  expiration of the disqualifying period set by rule.
  164         5. Section 112.011 is not applicable to eligibility for
  165  licensure under this part.
  166         Section 3. Subsections (2) through (10) of section
  167  494.0025, Florida Statutes, are renumbered as subsections (3)
  168  through (11), respectively, and a new subsection (2) is added to
  169  that section to read:
  170         494.0025 Prohibited practices.—It is unlawful for any
  171  person:
  172         (2) To act as an in-house loan processor in this state
  173  without a current, active license issued by the office pursuant
  174  to part II of this chapter.
  175         Section 4. Subsection (1) of section 494.0018, Florida
  176  Statutes, is amended to read:
  177         494.0018 Penalties.—
  178         (1) Whoever knowingly violates any provision of s.
  179  494.00255(1)(a), (b), or (c) or s. 494.0025(1), (3)(2), (4)(3),
  180  (5)(4), or (6)(5), except as provided in subsection (2) of this
  181  section, commits a felony of the third degree, punishable as
  182  provided in s. 775.082, s. 775.083, or s. 775.084. Each such
  183  violation constitutes a separate offense.
  184         Section 5. Paragraphs (n) and (p) of subsection (1),
  185  paragraph (f) of subsection (2), and subsections (3), (4), (5),
  186  (6), and (8) of section 494.00255, Florida Statutes, are amended
  187  to read:
  188         494.00255 Administrative penalties and fines; license
  189  violations.—
  190         (1) Each of the following acts constitutes a ground for
  191  which the disciplinary actions specified in subsection (2) may
  192  be taken against a person licensed or required to be licensed
  193  under part II or part III of this chapter:
  194         (n) Having a loan originator, an in-house loan processor, a
  195  mortgage broker, or a mortgage lender license, or the equivalent
  196  of such license, revoked in any jurisdiction.
  197         (p) Acting as a loan originator, an in-house loan
  198  processor, a mortgage broker, or a mortgage lender without a
  199  current license issued under part II or part III of this
  200  chapter.
  201         (2) If the office finds a person in violation of any act
  202  specified in this section, it may enter an order imposing one or
  203  more of the following penalties:
  204         (f) An administrative fine of up to $1,000 per day, but not
  205  to exceed $25,000 cumulatively, for each day that:
  206         1. A mortgage broker or mortgage lender conducts business
  207  at an unlicensed branch office.
  208         2. An unlicensed person acts as a loan originator, an in
  209  house loan processor, a mortgage broker, or a mortgage lender.
  210         (3) A mortgage broker or mortgage lender, as applicable, is
  211  subject to the disciplinary actions specified in subsection (2)
  212  for a violation of subsection (1) by:
  213         (a) A control person of the mortgage broker or mortgage
  214  lender; or
  215         (b) A loan originator employed by or contracting with the
  216  mortgage broker or mortgage lender; or
  217         (c) An in-house loan processor who is an employee of the
  218  mortgage broker or mortgage lender.
  219         (4) A principal loan originator of a mortgage broker is
  220  subject to the disciplinary actions specified in subsection (2)
  221  for violations of subsection (1) by a loan originator or an in
  222  house loan processor in the course of an association with the
  223  mortgage broker if there is a pattern of repeated violations by
  224  the loan originator or an in-house loan processor or if the
  225  principal loan originator has knowledge of the violations.
  226         (5) A principal loan originator of a mortgage lender is
  227  subject to the disciplinary actions specified in subsection (2)
  228  for violations of subsection (1) by a loan originator or an in
  229  house loan processor in the course of an association with a
  230  mortgage lender if there is a pattern of repeated violations by
  231  the loan originator or an in-house loan processor or if the
  232  principal loan originator has knowledge of the violations.
  233         (6) A branch manager is subject to the disciplinary actions
  234  specified in subsection (2) for violations of subsection (1) by
  235  a loan originator or an in-house loan processor in the course of
  236  an association with the mortgage broker or mortgage lender if
  237  there is a pattern of repeated violations by the loan originator
  238  or an in-house loan processor or if the branch manager has
  239  knowledge of the violations.
  240         (8) Pursuant to s. 120.60(6), the office may summarily
  241  suspend the license of a loan originator, an in-house loan
  242  processor, a mortgage broker, or a mortgage lender if the office
  243  has reason to believe that a licensee poses an immediate,
  244  serious danger to the public’s health, safety, or welfare. The
  245  arrest of the licensee, or the mortgage broker or the mortgage
  246  lender’s control person, for any felony or any crime involving
  247  fraud, dishonesty, breach of trust, money laundering, or any
  248  other act of moral turpitude is deemed sufficient to constitute
  249  an immediate danger to the public’s health, safety, or welfare.
  250  Any proceeding for the summary suspension of a license must be
  251  conducted by the commissioner of the office, or designee, who
  252  shall issue the final summary order.
  253         Section 6. Section 494.00314, Florida Statutes, is created
  254  to read:
  255         494.00314 In-house loan processor license.—
  256         (1) An individual acting as an in-house loan processor must
  257  be licensed under this section.
  258         (2) In order to apply for an in-house loan processor
  259  license, an applicant must:
  260         (a) Be at least 18 years of age and have a high school
  261  diploma or its equivalent.
  262         (b) Submit a completed license application form as
  263  prescribed by commission rule.
  264         (c) Submit a nonrefundable application fee of $100.
  265  Application fees may not be prorated for partial years of
  266  licensure.
  267         (d) Submit fingerprints in accordance with rules adopted by
  268  the commission.
  269         1. The fingerprints must be submitted to a live-scan vendor
  270  authorized by the Department of Law Enforcement.
  271         2. A state criminal history background check must be
  272  conducted through the Department of Law Enforcement, and a
  273  federal criminal history check must be conducted through the
  274  Federal Bureau of Investigation.
  275         3. All fingerprints submitted to the Department of Law
  276  Enforcement must be submitted electronically and entered into
  277  the statewide automated fingerprint identification system
  278  established in s. 943.05(2)(b) and available for use in
  279  accordance with s. 943.05(2)(g) and (h). The office shall pay an
  280  annual fee to the department to participate in the system and
  281  inform the department of any person whose fingerprints are no
  282  longer required to be retained.
  283         4. The costs of fingerprint processing, including the cost
  284  of retaining fingerprints, shall be borne by the person subject
  285  to the background check.
  286         5. The office is responsible for reviewing the results of
  287  the state and federal criminal history checks and determining
  288  whether the applicant meets licensure requirements.
  289         (e) Submit additional information or documentation
  290  requested by the office and required by rules concerning the
  291  applicant. Additional information may include documentation of
  292  pending or prior disciplinary or criminal history events,
  293  including arrest reports and certified copies of charging
  294  documents, plea agreements, judgments and sentencing documents,
  295  documents relating to pretrial intervention, orders terminating
  296  probation or supervised release, final administrative agency
  297  orders, or other comparable documents that may provide the
  298  office with the appropriate information to determine eligibility
  299  for licensure.
  300         (f) Submit any other information required by the registry
  301  for the processing of the application.
  302         (3) An application is considered received for the purposes
  303  of s. 120.60 upon the office’s receipt of all documentation from
  304  the registry, including the completed application form, criminal
  305  history information, and license application fee.
  306         (4) The office shall issue an in-house loan processor
  307  license to each person who is not otherwise ineligible and who
  308  meets the requirements of this section. However, it is a ground
  309  for denial of licensure if the applicant:
  310         (a) Has committed any violation specified in ss. 494.001
  311  494.0077; or
  312         (b) Is the subject of a pending felony criminal prosecution
  313  or a prosecution or an administrative enforcement action in any
  314  jurisdiction that involves fraud, dishonesty, breach of trust,
  315  money laundering, or any other act of moral turpitude.
  316         (5) The office may not issue a license to an applicant who
  317  has had an in-house loan processor or loan originator license or
  318  its equivalent revoked in any jurisdiction.
  319         (6) An in-house loan processor license shall be annulled
  320  pursuant to s. 120.60 if it was issued by the office by mistake.
  321  A license must be reinstated if the applicant demonstrates that
  322  the requirements for obtaining the license have been satisfied.
  323         (7) All in-house loan processor licenses must be renewed
  324  annually by December 31, pursuant to s. 494.00315. If a person
  325  holding an active in-house loan processor license has not
  326  applied to renew the license on or before December 31, the in
  327  house loan processor license expires on December 31. If a person
  328  holding an active in-house loan processor license has applied to
  329  renew on or before December 31, the in-house loan processor
  330  license remains active until the renewal application is approved
  331  or denied. An in-house loan processor is not precluded from
  332  reapplying for licensure upon expiration of a previous license.
  333         (8) An in-house loan processor licensed under this section
  334  may not act as a loan originator without a loan originator
  335  license issued under this part.
  336         (9) A loan originator licensed under this part may also act
  337  as an in-house loan processor without an in-house loan processor
  338  license.
  339         Section 7. Section 494.00315, Florida Statutes, is created
  340  to read:
  341         494.00315 In-house loan processor license renewal.—In order
  342  to renew an in-house loan processor license, an in-house loan
  343  processor must:
  344         (1) Submit a completed license renewal form as prescribed
  345  by commission rule.
  346         (2) Submit a nonrefundable renewal fee of $75 and
  347  nonrefundable fees to cover the costs of further fingerprint
  348  processing and retention as set forth in commission rule.
  349         (3) Submit any additional information or documentation
  350  requested by the office and required by rule concerning the
  351  licensee. Additional information may include documentation of
  352  pending and prior disciplinary and criminal history events,
  353  including arrest reports and certified copies of charging
  354  documents, plea agreements, judgments and sentencing documents,
  355  documents relating to pretrial intervention, orders terminating
  356  probation or supervised release, final administrative agency
  357  orders, or other comparable documents that may provide the
  358  office with the appropriate information to determine eligibility
  359  for renewal of licensure.
  360         Section 8. Subsection (5) of section 494.00312, Florida
  361  Statutes, is amended to read:
  362         494.00312 Loan originator license.—
  363         (5) The office may not issue a license to an applicant who
  364  has had a loan originator or an in-house loan processor license
  365  or its equivalent revoked in any jurisdiction.
  366         Section 9. Section 494.00331, Florida Statutes, is amended
  367  to read:
  368         494.00331 Loan originator and loan processor employment.—
  369         (1) LOAN ORIGINATORS.—An individual may not act as a loan
  370  originator unless he or she is an employee of, or an independent
  371  contractor for, a mortgage broker or a mortgage lender, and may
  372  not be employed by or contract with more than one mortgage
  373  broker or mortgage lender, or either simultaneously.
  374         (2) CONTRACT LOAN PROCESSORS.—Subsection (1) However, this
  375  provision does not apply to a contract loan processor who is
  376  licensed as a loan originator under this part and has on file
  377  with the office a declaration of intent to act solely as a
  378  contract loan processor. The declaration of intent must be on a
  379  form prescribed by the commission by rule any licensed loan
  380  originator who acts solely as a loan processor and contracts
  381  with more than one mortgage broker or mortgage lender, or either
  382  simultaneously.
  383         (2) For purposes of this section, the term “loan processor”
  384  means an individual who is licensed as a loan originator who
  385  engages only in:
  386         (a) The receipt, collection, distribution, and analysis of
  387  information common for the processing or underwriting of a
  388  residential mortgage loan; or
  389         (b) Communication with consumers to obtain the information
  390  necessary for the processing or underwriting of a loan, to the
  391  extent that such communication does not include offering or
  392  negotiating loan rates or terms or does not include counseling
  393  consumers about residential mortgage loan rates or terms.
  394         (3) A person may not act as a loan processor unless the
  395  person is licensed as a loan originator under this chapter and
  396  has on file with the office a declaration of intent to engage
  397  solely in loan processing. The declaration of intent must be on
  398  such form as prescribed by the commission by rule.
  399         (a)(4) A loan originator who that currently has a
  400  declaration of intent to engage solely in loan processing on
  401  file with the office may withdraw his or her declaration of
  402  intent to engage solely in loan processing. The withdrawal of
  403  declaration of intent must be on such form as prescribed by
  404  commission rule.
  405         (b)(5) A declaration of intent or a withdrawal of
  406  declaration of intent is effective upon receipt by the office.
  407         (c)(6) The fee earned by a contract loan processor may be
  408  paid to the company that employs the loan processor without
  409  violating the restriction in s. 494.0025(8)(7) requiring fees or
  410  commissions to be paid to a licensed mortgage broker or mortgage
  411  lender or a person exempt from licensure under this chapter.
  412         (3) IN-HOUSE LOAN PROCESSORS.—An individual may not act as
  413  an in-house loan processor unless he or she is an employee of a
  414  mortgage broker or a mortgage lender and may not be employed by
  415  more than one mortgage broker or mortgage lender, or either,
  416  simultaneously. An in-house loan processor is required to work
  417  at the direction of and subject to the supervision and
  418  instruction of a loan originator licensed under this part.
  419         Section 10. Subsection (1) of section 494.0035, Florida
  420  Statutes, is amended to read:
  421         494.0035 Principal loan originator and branch manager for
  422  mortgage broker.—
  423         (1) Each mortgage broker must be operated by a principal
  424  loan originator who shall have full charge, control, and
  425  supervision of the mortgage broker business. The principal loan
  426  originator must have been licensed as a loan originator for at
  427  least 1 year before being designated as the principal loan
  428  originator, or must demonstrate to the satisfaction of the
  429  office that he or she has been actively engaged as in a mortgage
  430  broker broker-related business for at least 1 year before being
  431  designated as a principal loan originator. Each mortgage broker
  432  must keep the office informed of the person designated as the
  433  principal loan originator as prescribed by commission rule. If
  434  the designation is inaccurate, the mortgage broker business
  435  shall be deemed to be operated under the full charge, control,
  436  and supervision of each officer, director, or ultimate equitable
  437  owner of a 10-percent or greater interest in the mortgage
  438  broker, or any other person in a similar capacity. A loan
  439  originator may not be a principal loan originator for more than
  440  one mortgage broker at any given time.
  441         Section 11. Paragraph (c) of subsection (3) of section
  442  494.0038, Florida Statutes, is amended to read:
  443         494.0038 Loan origination and mortgage broker fees and
  444  disclosures.—
  445         (3) At the time a written mortgage broker agreement is
  446  signed by the borrower or forwarded to the borrower for
  447  signature, or at the time the mortgage broker business accepts
  448  an application fee, credit report fee, property appraisal fee,
  449  or any other third-party fee, but at least 3 business days
  450  before execution of the closing or settlement statement, the
  451  mortgage broker shall disclose in writing to any applicant for a
  452  mortgage loan the following information:
  453         (c) A good faith estimate that discloses settlement charges
  454  and loan terms, signed and dated by the borrower, which
  455  discloses the total amount of each of the fees the borrower may
  456  reasonably expect to pay if the loan is closed, including, but
  457  not limited to, fees earned by the mortgage broker, lender fees,
  458  third-party fees, and official fees, together with the terms and
  459  conditions for obtaining a refund of such fees, if any.
  460         1. Any amount collected in excess of the actual cost shall
  461  be returned within 60 days after rejection, withdrawal, or
  462  closing.
  463         2. At the time a good faith estimate is provided to the
  464  borrower, the loan originator must identify in writing an
  465  itemized list that provides the recipient of all payments
  466  charged the borrower, which, except for all fees to be received
  467  by the mortgage broker, may be disclosed in generic terms, such
  468  as, but not limited to, paid to lender, appraiser, officials,
  469  title company, or any other third-party service provider. This
  470  requirement does not supplant or is not a substitute for the
  471  written mortgage broker agreement described in subsection (1).
  472  The disclosure required under this subparagraph must be signed
  473  and dated by the borrower.
  474         Section 12. Paragraph (a) of subsection (7) of section
  475  494.00421, Florida Statutes, is amended to read:
  476         494.00421 Fees earned upon obtaining a bona fide
  477  commitment.—Notwithstanding the provisions of ss. 494.001
  478  494.0077, any mortgage broker which contracts to receive a loan
  479  origination fee from a borrower upon obtaining a bona fide
  480  commitment shall accurately disclose in the mortgage broker
  481  agreement:
  482         (7)(a) The following statement, in at least 12-point
  483  boldface type immediately above the signature lines for the
  484  borrowers:
  485         “You are entering into a contract with a mortgage broker to
  486  obtain a bona fide mortgage loan commitment under the same terms
  487  and conditions as stated hereinabove or in a separate executed
  488  good faith estimate form. If the mortgage broker obtains a bona
  489  fide commitment under the same terms and conditions, you will be
  490  obligated to pay the loan origination fees even if you choose
  491  not to complete the loan transaction. If the provisions of s.
  492  494.00421, Florida Statutes, are not met, the loan origination
  493  fee can only be earned upon the funding of the mortgage loan.
  494  The borrower may contact the Office of Financial Regulation
  495  Department of Financial Services, Tallahassee, Florida,
  496  regarding any complaints that the borrower may have against the
  497  loan originator. The telephone number of the office department
  498  is: ...(insert telephone number)....”
  499         Section 13. Subsection (5) of section 494.00611, Florida
  500  Statutes, is amended to read:
  501         494.00611 Mortgage lender license.—
  502         (5) The office may not issue a license if the applicant has
  503  had a mortgage lender license or its equivalent revoked in any
  504  jurisdiction, or any of the applicant’s control persons has ever
  505  had a loan originator or an in-house loan processor license or
  506  its equivalent revoked in any jurisdiction.
  507         Section 14. Paragraph (e) of subsection (1) of section
  508  494.00612, Florida Statutes, is amended to read:
  509         494.00612 Mortgage lender license renewal.—
  510         (1) In order to renew a mortgage lender license, a mortgage
  511  lender must:
  512         (e) Authorize the registry to obtain an independent credit
  513  report on each of the mortgage lender’s control persons lender
  514  from a consumer reporting agency, and transmit or provide access
  515  to the report to the office. The cost of the credit report shall
  516  be borne by the licensee.
  517         Section 15. Subsection (13) is added to section 494.0067,
  518  Florida Statutes, to read:
  519         494.0067 Requirements of mortgage lenders.—
  520         (13) Each mortgage lender shall submit to the registry
  521  reports of condition that must be in a form and contain such
  522  information as the registry may require.
  523         Section 16. This act shall take effect July 1, 2011.