Senate Bill 1350e1

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    SB 1350                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to mortgage lenders (RAB);

  3         amending s. 494.0065, F.S.; authorizing a

  4         one-time transfer of ownership, control, or

  5         certain voting power of a licensed mortgage

  6         lender by an ultimate equitable owner under

  7         certain circumstances; providing an exception

  8         for intrafamilial transfers; providing

  9         requirements; providing for denial of the

10         transfer under certain circumstances; providing

11         an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (3) of section 494.0065, Florida

16  Statutes, is amended, and subsections (4), (5), (6), (7), and

17  (8) are added to that section, to read:

18         494.0065  Saving clause.--

19         (3)  The department may prescribe by rule forms and

20  procedures for initial application for licensure, and

21  amendment and withdrawal of application for licensure, or

22  transfer, including any existing branch offices, in accordance

23  with subsections (4) and (5), and for renewal of licensure of

24  licensees under this section.

25         (4)(a)  Notwithstanding ss. 494.0061(5) and

26  494.0067(3), the ultimate equitable owner, as of the effective

27  date of this act, of a mortgage lender licensed under this

28  section may transfer, one time, at least 50 percent of the

29  ownership, control, or power to vote any class of equity

30  securities of such mortgage lender, except as provided in

31  paragraph (b). For purposes of this subsection, satisfaction


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CODING: Words stricken are deletions; words underlined are additions.






    SB 1350                                  First Engrossed (ntc)



  1  of the amount of the ownership transferred may be met in

  2  multiple transactions or in a single transaction.

  3         (b)  A person who is an ultimate equitable owner on the

  4  effective date of this act may transfer, at any time, at least

  5  50 percent of the ownership, control, or power to vote any

  6  class of equity securities of such person to the person's

  7  spouse or child, and any such transferee may transfer, at any

  8  time, such ownership, control, or power to vote to a spouse or

  9  child of such transferee, in perpetuity.

10         (5)  The department may require each applicant for any

11  transfer to provide any information reasonably necessary to

12  make a determination of the applicant's eligibility for

13  licensure.  The department shall issue the transfer of

14  licensure to any person who submits the following

15  documentation at least 90 days prior to the anticipated

16  transfer:

17         (a)  A completed application form.

18         (b)  A nonrefundable fee set by rule of the department

19  in the amount of $500.

20         (c)  Audited financial statements that substantiate

21  that the applicant has a bona fide and verifiable net worth,

22  according to generally accepted accounting principles, of at

23  least $25,000, which must be continuously maintained as a

24  condition of licensure.

25         (d)  Documentation that the applicant is incorporated,

26  registered, or otherwise formed as a general partnership,

27  limited partnership, limited liability company, or other

28  lawful entity under the laws of this state or another state of

29  the United States.

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CODING: Words stricken are deletions; words underlined are additions.






    SB 1350                                  First Engrossed (ntc)



  1  The department may require that each officer, director, and

  2  ultimate equitable owner of a 10-percent or greater interest

  3  in the applicant submit a complete set of fingerprints taken

  4  by an authorized law enforcement officer.

  5         (6)  Notwithstanding subsection (5), a transfer under

  6  subsection (4) may be denied if the applicant, any principal

  7  officer or director of the applicant, or any natural person

  8  owning a 10-percent or greater interest in the applicant has

  9  committed any violation specified in s. 494.0072, or has

10  entered a plea of nolo contendere, regardless of adjudication,

11  or has an action pending against the applicant in any criminal

12  prosecution or administrative enforcement action, in any

13  jurisdiction, which involves fraud, dishonest dealing, or any

14  act of moral turpitude.

15         (7)  A license issued in accordance with this section

16  is not transferable or assignable except as provided in

17  subsection (4).

18         (8)  The department shall require each person applying

19  for a transfer of any branch office pursuant to subsection (4)

20  of this section to comply with the requirements of s.

21  494.0066.

22         Section 2.  This act shall take effect upon becoming a

23  law.

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