The Florida Senate

494.0012  Investigations; complaints; examinations.--

(1)  The department may conduct an investigation of any person whenever the department has reason to believe, either upon complaint or otherwise, that any violation of ss. 494.001-494.0077 has been committed or is about to be committed.

(2)  Any person having reason to believe that a provision of this act has been violated may file a written complaint with the department setting forth details of the alleged violation.

¹(3)  The department may, at intermittent periods, conduct examinations of any licensee or other person under the provisions of ss. 494.001-494.0077. The department may charge an examination fee prescribed by rule, but such fee may not exceed $300 per 8-hour day for each examiner. Such examination fee shall be calculated on an hourly basis and shall be rounded to the nearest hour. For out-of-state travel, the licensee shall also pay the travel expense and per diem subsistence allowance provided for state employees under s. 112.061. The department may not charge more than $500 in examination fees per biennial period to any one mortgage brokerage business, mortgage lender, or correspondent mortgage lender.

History.--ss. 3, 50, ch. 91-245; s. 4, ch. 91-429; s. 1, ch. 92-9; s. 3, ch. 99-213.

¹Note.--Section 3, ch. 99-213, amended subsection (3), effective September 1, 2000, to read:

(3)(a)  The department may, at intermittent periods, conduct examinations of any licensee or other person under the provisions of ss. 494.001-494.0077.

(b)  The department shall conduct all examinations at a convenient location in this state unless the department determines that it is more effective or cost-efficient to perform an examination at the licensee's out-of-state location. For an examination performed at the licensee's out-of-state location, the licensee shall pay the travel expense and per diem subsistence at the rate provided by law for up to thirty 8-hour days per year for each department examiner who participates in such an examination. However, if the examination involves or reveals fraudulent conduct by the licensee, the licensee shall pay the travel expense and per diem subsistence provided by law, without limitation, for each participating examiner.