Senate Bill sb2744

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    Florida Senate - 2006                                  SB 2744

    By Senator Atwater





    25-1333A-06

  1                      A bill to be entitled

  2         An act relating to financial entities and

  3         transactions; amending s. 494.001, F.S.;

  4         defining the term "control person" for purposes

  5         of provisions governing mortgage brokerage and

  6         mortgage lending; amending s. 494.0011, F.S.;

  7         authorizing the Financial Services Commission

  8         to require electronic submission of forms,

  9         documents, or fees; providing for accommodating

10         a technological or financial hardship;

11         authorizing the commission to adopt rules

12         governing such an accommodation; requiring that

13         the commission grant or deny a license in

14         accordance with ch. 120, F.S.; amending s.

15         494.0016, F.S.; authorizing the commission to

16         prescribe requirements for destroying books,

17         accounts, records, and documents; amending s.

18         494.0029, F.S.; requiring that certain persons

19         who offer or conduct mortgage business training

20         obtain a permit from the commission;

21         authorizing the commission to require certain

22         information from applicants seeking such a

23         permit; specifying criteria for receipt of

24         certain applications; specifying that certain

25         permits are not transferable or assignable;

26         requiring mortgage business schools to notify

27         the Office of Financial Regulation of changes

28         in information contained in the initial

29         application or any amendments thereto;

30         providing for expiration and recertification of

31         permits; authorizing permit fees; requiring

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    Florida Senate - 2006                                  SB 2744
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 1         that curriculum, training, and training

 2         materials be available for inspection;

 3         requiring permitted persons providing mortgage

 4         business training to electronically notify the

 5         office of certain information; requiring that

 6         the commission adopt rules for administering

 7         notification requirements; amending s.

 8         494.00295, F.S.; revising provisions that

 9         require continuing education for certain

10         professions; providing for a waiver of the

11         requirement for continuing education under

12         certain circumstances; amending s. 494.003,

13         F.S.; clarifying the entities that are exempt

14         from certain requirements for obtaining a

15         mortgage broker licensure; amending s.

16         494.0031, F.S.; requiring licensure of mortgage

17         brokerage businesses; authorizing the

18         commission to adopt application forms;

19         authorizing the commission or the office to

20         require specified information from applicants;

21         specifying criteria for receipt of

22         applications; revising certain fingerprinting

23         requirements; prescribing procedures for

24         processing fingerprints; specifying that

25         certain licenses are not transferable or

26         assignable; authorizing the commission to

27         require an applicant to provide information

28         concerning certain persons; revising the

29         grounds on which a license may be denied;

30         deleting certain provisions relating to

31         cancellation and reinstatement of licenses;

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 1         amending s. 494.0032, F.S.; requiring that the

 2         license for a branch office be renewed in

 3         conjunction with a mortgage brokerage business

 4         license; authorizing the commission to adopt

 5         certain renewal forms by rule; amending s.

 6         494.0033, F.S.; clarifying the requirements for

 7         obtaining a license as a mortgage broker;

 8         authorizing the commission to adopt certain

 9         application forms by rule; authorizing the

10         commission to prescribe additional testing

11         fees; authorizing the commission to waive

12         certain examination requirements under

13         specified circumstances; specifying criteria

14         for receipt of applications; revising

15         fingerprinting requirements; prescribing

16         procedures for processing fingerprints;

17         authorizing the commission to adopt rules to

18         require certain information from applicants;

19         deleting provisions relating to cancellation

20         and reinstatement of licenses; amending s.

21         494.0034, F.S.; clarifying the commission's

22         authorization to prescribe license renewal

23         forms for a mortgage broker's license;

24         authorizing the commission to adopt certain

25         renewal forms by rule; amending s. 494.0036,

26         F.S.; clarifying provisions governing the

27         issuance of licenses to branch offices of a

28         mortgage brokerage business; authorizing the

29         commission to adopt certain application forms

30         by rule; specifying criteria for receipt of

31         certain applications; deleting a requirement

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 1         for displaying licenses; amending s. 494.0039,

 2         F.S.; deleting a requirement for a mortgage

 3         brokerage business to report a change of

 4         address; deleting a requirement for displaying

 5         licenses; amending s. 494.004, F.S.; conforming

 6         cross-references; requiring licensees to report

 7         changes in information contained in the initial

 8         application or any amendments thereto;

 9         requiring licensees to report changes in

10         persons associated with the licensee and

11         changes in the licensee's form of business

12         organization; requiring the submission of an

13         initial application before a person may acquire

14         a controlling interest in a licensee;

15         authorizing the commission to waive the

16         requirement for an initial application under

17         certain circumstances; authorizing the

18         commission to require licensees to provide

19         information concerning persons who have not

20         previously complied with certain provisions;

21         authorizing the office to bring an

22         administrative action if it determines a

23         licensee no longer meets licensure

24         requirements; amending s. 494.0041, F.S.;

25         specifying additional grounds for disciplinary

26         action; amending s. 494.006, F.S.; clarifying

27         that certain entities are exempt from the

28         licensure requirements for mortgage lenders;

29         amending s. 494.0061, F.S.; requiring the

30         licensure of mortgage lenders; authorizing the

31         commission to adopt application forms by rule;

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 1         specifying criteria for receipt of

 2         applications; clarifying provisions concerning

 3         audited financial statements; clarifying

 4         provisions relating to the principal

 5         representatives; revising fingerprint

 6         requirements; authorizing the commission to

 7         require the applicant to provide fingerprints

 8         from certain persons; prescribing procedures

 9         for processing fingerprints; authorizing the

10         commission to require the applicant to provide

11         information concerning certain persons;

12         revising provisions governing grounds for

13         imposing discipline; deleting certain

14         provisions relating to cancellation and

15         reinstatement of licenses; authorizing the

16         commission to waive specified examination

17         requirements under certain circumstances;

18         authorizing the commission to prescribe

19         additional testing fees; revising provisions

20         governing principal representatives; amending

21         s. 494.0062, F.S.; requiring licensure of

22         correspondent mortgage lenders; authorizing the

23         commission to adopt application forms by rule;

24         authorizing the office to require applicants to

25         provide certain information; specifying

26         criteria for receipt of applications;

27         clarifying provisions concerning audited

28         financial statements; providing educational

29         requirements for principal representatives;

30         revising fingerprinting requirements;

31         prescribing procedures for processing

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 1         fingerprints; authorizing the commission to

 2         require information from persons associated

 3         with the applicant; revising grounds for

 4         disciplinary action; deleting certain

 5         provisions relating to cancellation and

 6         reinstatement of licenses; authorizing the

 7         commission to waive specified examination

 8         requirements under certain circumstances;

 9         authorizing the commission to prescribe

10         additional testing fees; requiring that the

11         commission be notified of a change in the

12         principal representatives; amending s.

13         494.0064, F.S.; clarifying a requirement for

14         professional continuing education for a

15         licensee operating a branch office; authorizing

16         the commission to adopt renewal forms by rule;

17         amending s. 494.0065, F.S.; authorizing the

18         commission to adopt application forms by rule;

19         authorizing the commission to require that

20         applicants provide certain information;

21         specifying criteria for receipt of

22         applications; providing requirements for

23         education and testing for certain principal

24         representatives and for transfer applications;

25         authorizing the commission to waive specified

26         examination requirements under certain

27         circumstances; authorizing the commission to

28         prescribe additional testing fees; authorizing

29         the commission to prescribe application forms

30         by rule; specifying criteria for receipt of

31         applications; clarifying provisions governing

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 1         audited financial statements; revising

 2         fingerprinting requirements; prescribing

 3         procedures for processing fingerprints;

 4         authorizing the commission to require

 5         applicants to provide information concerning

 6         certain persons; revising provisions governing

 7         the denial of transfers; requiring that a

 8         mortgage lender designate a principal

 9         representative; providing criteria and

10         requirements; requiring notice of a change in

11         the principal representative; amending s.

12         494.0066, F.S.; clarifying licensure

13         requirements for branch offices; authorizing

14         the commission to adopt application forms by

15         rule; amending s. 494.0067, F.S.; deleting a

16         requirement that the license be displayed;

17         revising requirements for reporting

18         information; requiring licensees to report

19         changes in persons associated with the licensee

20         and changes in the licensee's form of business

21         organization; requiring the submission of an

22         initial application before persons may acquire

23         a controlling interest in a licensee;

24         authorizing the commission to waive the

25         requirement for an initial application under

26         certain circumstances; authorizing the

27         commission to require licensees to provide

28         information concerning persons who have not

29         previously complied with certain provisions;

30         authorizing the office to bring an

31         administrative action if it determines a

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 1         licensee no longer meets licensure

 2         requirements; clarifying the requirements for

 3         professional continuing education; amending s.

 4         494.0072, F.S.; providing additional grounds

 5         for disciplinary action; amending s. 494.00721,

 6         F.S.; conforming cross-references; amending s.

 7         501.137, F.S.; imposing attorney's fees and

 8         costs on lenders under certain circumstances;

 9         amending s. 516.01, F.S.; defining the term

10         "control person" for purposes of the Florida

11         Consumer Finance Act; amending s. 516.03, F.S.;

12         revising the information that the commission

13         may require from the applicant as part of the

14         licensure process; requiring that an applicant

15         provide evidence of liquid assets; specifying

16         criteria for receipt of certain applications;

17         providing that specified fees are

18         nonrefundable; authorizing the commission to

19         require electronic submission of forms,

20         documents, or fees; providing for accommodating

21         a technological or financial hardship;

22         authorizing the commission to adopt rules

23         governing such an accommodation; amending s.

24         516.031, F.S.; increasing a reimbursement

25         charge for certain investigation costs;

26         amending s. 516.05, F.S.; revising

27         investigation procedures; deleting provisions

28         relating to fees for licenses that have been

29         denied; requiring licensees to report changes

30         to the initial application and any amendments

31         to the application; requiring licensees to

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 1         report changes in certain persons associated

 2         with the licensee and changes in the licensee's

 3         form of business organization; requiring the

 4         submission of an initial application before a

 5         person may acquire a controlling interest in a

 6         licensee; authorizing the commission to waive

 7         the requirement for an initial application

 8         under certain circumstances; authorizing the

 9         commission to require licensees to provide

10         information concerning persons who have not

11         previously complied with certain provisions;

12         authorizing the office to bring an

13         administrative action if it determines that a

14         licensee no longer meets licensure

15         requirements; deleting provisions authorizing

16         the office to grant temporary licenses;

17         amending s. 516.07, F.S.; providing an

18         additional ground for disciplinary action;

19         repealing s. 516.08, F.S., relating to

20         requirements for displaying a license; amending

21         s. 516.12, F.S.; authorizing the commission to

22         prescribe minimum information that must be

23         shown in a licensee's books, accounts, records,

24         and documents; authorizing the commission to

25         prescribe requirements for destroying books,

26         accounts, records, and documents; amending s.

27         517.021, F.S.; redefining the term "branch

28         office" for purposes of a consumer finance

29         licensee; amending s. 517.051, F.S.; requiring

30         the use of certain accounting standards;

31         amending s. 517.061, F.S.; revising provisions

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 1         governing exempt transactions; amending s.

 2         517.081, F.S.; revising standards for

 3         accounting principles to be used in preparing

 4         certain financial statements; amending s.

 5         517.12, F.S.; deleting a requirement that

 6         applications be verified under oath; revising

 7         provisions for taking and submitting

 8         fingerprints of dealers, associated persons,

 9         and similarly situated persons; revising

10         provisions governing the expiration and renewal

11         of registration of such persons; authorizing

12         the commission to adopt uniform forms by rule;

13         authorizing the commission to require

14         submission of uniform forms and fees through

15         central registration systems; providing an

16         exemption from registration requirements for a

17         Canadian dealer and an associated person who

18         represents a Canadian dealer, under certain

19         conditions; requiring a notice filing by a

20         Canadian dealer under certain conditions;

21         providing that certain fees are nonrefundable;

22         authorizing the Office of Financial Regulation

23         of the Financial Services Commission to issue a

24         permit to evidence the effectiveness of a

25         notice filing for a Canadian dealer; providing

26         for the renewal of a notice filing by a

27         Canadian dealer; providing for reinstatement of

28         a notice filing; providing obligations for a

29         Canadian dealer who has given notice of filing;

30         providing obligations for an associated person

31         representing a Canadian dealer who has given

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 1         notice of filing; providing for the termination

 2         of a notice of filing; providing for the

 3         collection of fees; amending s. 517.131, F.S.;

 4         revising conditions under which recovery can be

 5         made from the Securities Guaranty Fund;

 6         authorizing the commission to adopt rules;

 7         amending s. 517.141, F.S.; prescribing

 8         circumstances under which a claimant must

 9         reimburse the fund; providing for rulemaking;

10         amending s. 517.161, F.S.; clarifying and

11         providing an additional ground for revocation,

12         restriction, or suspension of a registration;

13         amending s. 520.02, F.S.; defining the term

14         "control person" for purposes of the Motor

15         Vehicle Retail Sales Finance Act; amending s.

16         520.03, F.S.; authorizing the commission to

17         require information from the applicant and

18         others; authorizing the commission to require

19         the applicant to provide certain information

20         concerning persons associated with the

21         applicant; specifying criteria for receipt of

22         applications; deleting a requirement that the

23         licensee display a license; amending s. 520.31,

24         F.S.; defining the term "control person" for

25         purposes of the Retail Installment Sales Act;

26         amending s. 520.32, F.S.; authorizing the

27         commission to require additional information

28         from an applicant for licensure; specifying

29         criteria for receipt of an application;

30         amending s. 520.52, F.S.; providing additional

31         requirements for a license to engage in

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 1         business as a sales finance company; specifying

 2         criteria for receipt of an application;

 3         amending s. 520.61, F.S.; defining the term

 4         "control person" for purposes of the Home

 5         Improvement Sales and Finance Act; amending s.

 6         520.63, F.S.; authorizing the commission to

 7         require information from the applicant and

 8         others; authorizing the commission to require

 9         the applicant to provide certain information

10         concerning persons associated with the

11         applicant; specifying criteria for receipt of

12         applications; deleting a requirement that the

13         licensee display a license; amending s.

14         520.994, F.S.; authorizing the commission to

15         require electronic submission of forms,

16         documents, or fees; providing for accommodating

17         a technological or financial hardship;

18         authorizing the commission to adopt rules

19         governing such an accommodation; amending s.

20         520.995, F.S.; providing an additional ground

21         for disciplinary action; revising provisions

22         regarding disciplinary action; amending s.

23         520.997, F.S.; authorizing the commission to

24         prescribe certain minimum information that must

25         be shown in a licensee's books, accounts,

26         records, and documents; authorizing the

27         commission to prescribe requirements for

28         destroying books, accounts, records, and

29         documents; providing for procedures; creating

30         s. 520.999, F.S.; providing additional

31         requirements of licensees in sales and finance;

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 1         requiring licensees to report changes to the

 2         initial application and any amendments to the

 3         application; requiring licensees to report

 4         changes in persons associated with the licensee

 5         and changes in the licensee's form of business

 6         organization; requiring the submission of an

 7         initial application before persons may acquire

 8         a controlling interest in a licensee;

 9         authorizing the commission to waive the

10         requirement for an initial application under

11         certain circumstances; authorizing the office

12         to bring an administrative action if it

13         determines that a licensee no longer meets

14         licensure requirements; amending s. 537.009,

15         F.S., relating to the Florida Title Loan Act;

16         authorizing the commission to prescribe certain

17         minimum information that must be shown in a

18         licensee's books, accounts, records, and

19         documents; authorizing the commission to

20         prescribe requirements for destroying books,

21         accounts, records, and documents; providing for

22         procedures; amending s. 560.105, F.S., relating

23         to the Money Transmitters' Code; authorizing

24         the commission to require electronic submission

25         of forms, documents, or fees; amending s.

26         560.114, F.S.; providing an additional ground

27         for disciplinary action; amending s. 560.121,

28         F.S.; authorizing the commission to prescribe

29         certain minimum information that must be shown

30         in a licensee's books, accounts, records, and

31         documents; authorizing the commission to

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 1         prescribe requirements for destroying books,

 2         accounts, records, and documents; amending s.

 3         560.126, F.S.; requiring notice of changes in

 4         information contained in a registration

 5         application; requiring licensees to report

 6         changes in persons associated with the licensee

 7         and changes in the licensee's form of business

 8         organization; requiring the submission of an

 9         initial application before persons may acquire

10         a controlling interest in a licensee;

11         authorizing the commission to waive the

12         requirement for an initial application under

13         certain circumstances; authorizing the

14         commission to require licensees to provide

15         information concerning persons who have not

16         previously complied with certain provisions;

17         authorizing the office to bring an

18         administrative action if it determines a

19         licensee no longer meets licensure

20         requirements; amending s. 560.127, F.S.;

21         revising the provisions specifying the

22         conditions under which a person has control

23         over a money transmitter; deleting provisions

24         governing the acquisition or purchase of a

25         money transmitter; amending s. 560.205, F.S.;

26         revising fingerprinting requirements;

27         prescribing procedures for processing

28         fingerprints; deleting a requirement that an

29         applicant provide a list of certain vendors;

30         authorizing the commission to require

31         additional information concerning persons

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 1         associated with the applicant; requiring the

 2         reporting of changes of registration; amending

 3         s. 560.207, F.S.; revising procedures for

 4         renewing a registration; providing that

 5         specified fees are nonrefundable; providing

 6         conditions for reinstating a registration;

 7         amending s. 560.210, F.S.; revising permissible

 8         investment requirements for certain

 9         registrants; specifying acceptable accounting

10         principles; amending s. 560.211, F.S.;

11         requiring notice to the office of the location

12         of certain amended records; amending s.

13         560.305, F.S., relating to the Check Cashing

14         and Foreign Currency Exchange Act; revising

15         application procedures for registration under

16         the act; amending s. 560.306, F.S.; revising

17         certain fingerprinting requirements;

18         prescribing procedures for processing

19         fingerprints; amending s. 560.308, F.S.;

20         revising requirements for renewal of

21         registration; providing that specified fees are

22         nonrefundable; providing conditions to the

23         reinstatement of a registration; amending s.

24         560.310, F.S.; requiring that the commission be

25         notified of the location of certain records;

26         amending s. 560.403, F.S.; revising

27         requirements for giving notice of intent in

28         connection with the renewal of registration;

29         providing that specified fees are

30         nonrefundable; providing conditions to the

31         reinstatement of a notice of intent; amending

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 1         s. 655.935, F.S.; authorizing the search of a

 2         safe-deposit box co-leased by a decedent;

 3         providing limitations; amending s. 655.936,

 4         F.S.; providing for the delivery of a

 5         safe-deposit box to a court-appointed personal

 6         representative; amending s. 655.937, F.S.;

 7         revising provisions for access to safe-deposit

 8         boxes; amending s. 733.6065, F.S.; revising

 9         provisions related to the initial opening of a

10         safe-deposit box leased or co-leased by a

11         decedent; providing an appropriation; providing

12         an effective date.

13  

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

15  

16         Section 1.  Present subsections (9) through (30) of

17  section 494.001, Florida Statutes, are redesignated as

18  subsections (10) through (31), respectively, and a new

19  subsection (9) is added to that section, to read:

20         494.001  Definitions.--As used in ss. 494.001-494.0077,

21  the term:

22         (9)  "Control person" means an individual, partnership,

23  corporation, trust, or other organization that possesses the

24  power, directly or indirectly, to direct the management or

25  policies of a company, whether through ownership of

26  securities, by contract, or otherwise. A person is presumed to

27  control a company if, with respect to a particular company,

28  that person:

29         (a)  Is a director, general partner, or officer

30  exercising executive responsibility or having similar status

31  or functions;

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 1         (b)  Directly or indirectly has the right to vote 10

 2  percent or more of a class of a voting security or has the

 3  power to sell or direct the sale of 10 percent or more of a

 4  class of voting securities; or

 5         (c)  In the case of a partnership, has the right to

 6  receive upon dissolution, or has contributed, 10 percent or

 7  more of the capital.

 8         Section 2.  Subsection (2) of section 494.0011, Florida

 9  Statutes, is amended, and subsection (6) is added to that

10  section, to read:

11         494.0011  Powers and duties of the commission and

12  office.--

13         (2)  The commission may has authority to adopt rules

14  pursuant to ss. 120.536(1) and 120.54 to implement ss.

15  494.001-494.0077. The commission may adopt rules that require

16  to allow electronic submission of any forms, documents, or

17  fees required by this act if such rules reasonably accommodate

18  technological or financial hardship. The commission may

19  prescribe by rule requirements and procedures for obtaining an

20  exemption due to a technological or financial hardship. The

21  commission may also adopt rules to accept certification of

22  compliance with requirements of this act in lieu of requiring

23  submission of documents.

24         (6)  The grant or denial of a license must be in

25  accordance with s. 120.60.

26         Section 3.  Subsection (4) of section 494.0016, Florida

27  Statutes, is amended to read:

28         494.0016  Books, accounts, and records; maintenance;

29  examinations by the office.--

30         (4)  The commission may prescribe by rule the minimum

31  information to be shown in the books, accounts, records, and

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 1  documents of licensees so that such records will enable the

 2  office to determine the licensee's compliance with ss.

 3  494.001-494.0077. In addition, the commission may prescribe by

 4  rule requirements for the destruction of books, accounts,

 5  records, and documents retained by the licensee after

 6  completion of the time period indicated in subsection (3).

 7         Section 4.  Section 494.0029, Florida Statutes, is

 8  amended to read:

 9         494.0029  Mortgage business schools.--

10         (1)(a)  Each person, school, or institution, except

11  accredited colleges, universities, community colleges, and

12  career centers in this state, which offers or conducts

13  mortgage business training for the purpose of meeting

14  professional continuing education requirements, or as a

15  condition precedent to licensure as a mortgage broker,

16  mortgage or lender, or a correspondent mortgage lender must

17  shall obtain a permit from the office to operate as a mortgage

18  business school before offering or conducting mortgage

19  business training and must abide by the regulations imposed

20  upon such person, school, or institution by this chapter and

21  rules adopted pursuant to this chapter. The commission may

22  require by rule that each applicant for a mortgage business

23  school permit provide any information reasonably necessary to

24  determine the applicant's eligibility. Each person, school, or

25  institution that applies for a permit under this part must do

26  so on forms adopted by the commission by rule. The commission

27  shall, by rule, recertify the permits annually with initial

28  and renewal permit fees that do not exceed $500 plus the cost

29  of accreditation.

30         (b)  An application is considered received for purposes

31  of s. 120.60 upon receipt of a completed application form as

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 1  prescribed by commission rule, a nonrefundable application fee

 2  of $500, the cost of accreditation as defined by commission

 3  rule, and any other fee prescribed by law.

 4         (c)  A permit issued under this section is not

 5  transferable or assignable.

 6         (d)  Each permitted mortgage business school shall

 7  report, on a form prescribed by the commission, any change to

 8  the information contained in the initial application form or

 9  any amendment thereto, not later than 30 days after the change

10  is effective.

11         (e)  A permit issued under this section expires on

12  September 30th of each year. The office shall recertify a

13  permit annually upon submission of information the commission

14  requires by rule, together with a nonrefundable permit fee of

15  $500, and the cost of accreditation as defined by commission

16  rule, which shall be for the annual period beginning October 1

17  of each year.

18         (2)  All such schools shall maintain curriculum and

19  training materials necessary to determine the school's

20  compliance with this chapter and rules adopted pursuant to

21  this chapter.  Any school that offers or conducts mortgage

22  business training shall at all times maintain an operation of

23  training, materials, and curriculum which is open to review by

24  the office to determine compliance and competency as a

25  mortgage business school.

26         (2)(3)(a)  It is unlawful for any such person, school,

27  or institution to offer or conduct mortgage business courses,

28  regardless of the number of pupils, without first procuring a

29  permit or to guarantee that the pupils will pass any mortgage

30  business examination given on behalf of the office or to

31  represent that the issuance of a permit is any recommendation

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 1  or endorsement of the person, school, or institution to which

 2  it is issued or of any course of instruction given thereunder.

 3  Any person who violates this paragraph commits a misdemeanor

 4  of the second degree, punishable as provided in s. 775.082 or

 5  s. 775.083.

 6         (b)  The location of classes and the frequency of class

 7  meetings shall be in the discretion of the school offering the

 8  courses, if such courses conform to this chapter and related

 9  rules adopted by the commission.

10         (c)  A mortgage business school may not use advertising

11  of any nature which is false, inaccurate, misleading, or

12  exaggerated.  Publicity and advertising of a mortgage business

13  school, or of its representative, shall be based upon relevant

14  facts and supported by evidence establishing their truth.

15         (d)  A representative of a mortgage business school

16  subject to the provisions of this chapter may not promise or

17  guarantee employment or placement of any pupil or prospective

18  pupil, using information, training, or skill purported to be

19  provided or otherwise enhanced by a course or school as

20  inducement to enroll in the school, unless such person offers

21  the pupil or prospective pupil a bona fide contract of

22  employment.

23         (e)  A school shall advertise only as a school and

24  under the permitted name of such school as recognized by the

25  office.

26         (f)  Reference may not be made in any publication or

27  communication medium as to a pass/fail ratio on mortgage

28  business examinations by any school permitted by the office.

29         (3)  Each person, school, or institution that is

30  required to be permitted under this section as a mortgage

31  business school shall maintain and make available for the

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 1  office's review, inspection, and observation such training,

 2  curriculum, and training materials as necessary for the office

 3  to determine compliance with this chapter and the rules

 4  adopted under this chapter. All documents prescribed by

 5  commission rule must be submitted with the initial application

 6  or recertification.

 7         (4)  Each person, school, or institution that is

 8  required to be permitted under this section as a mortgage

 9  business school must provide electronic notification to the

10  office, in a manner prescribed by commission rule, of those

11  pupils who have successfully completed the 24-hour

12  prelicensure classroom instruction for mortgage brokers and

13  principal representatives and those pupils who have completed

14  the 14-hour professional continuing education for mortgage

15  brokers.

16         Section 5.  Section 494.00295, Florida Statutes, is

17  amended to read:

18         494.00295  Professional continuing education.--

19         (1)  A mortgage broker, and the principal

20  representative and loan originator of a mortgage lender,

21  correspondent mortgage lender, or mortgage lender pursuant to

22  the savings clause, must successfully complete at least 14

23  hours of professional continuing education covering primary

24  and subordinate mortgage financing transactions and the

25  provisions of this chapter during the 2-year period

26  immediately preceding the renewal deadline for a mortgage

27  broker, mortgage lender, correspondent mortgage lender, or

28  mortgage lender pursuant to the savings clause. At the time of

29  license renewal, a licensee must certify to the office that

30  the professional continuing education requirements of this

31  section have been met. Licensees shall maintain records

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 1  documenting compliance with this subsection for 4 years. The

 2  requirements for professional continuing education are waived

 3  for the license renewal of a mortgage broker for the biennial

 4  license period immediately following the period in which the

 5  person became licensed as a mortgage broker. The requirements

 6  for professional continuing education for a principal

 7  representative are waived for the license renewal of a

 8  mortgage lender, correspondent mortgage lender, or mortgage

 9  lender pursuant to the savings clause for the biennial license

10  period immediately following the period in which the principal

11  representative completed the 24 hours of classroom education

12  and passed a written test in order to qualify to be a

13  principal representative. Each mortgage broker, mortgage

14  lender, and correspondent mortgage lender must certify to the

15  office at the time of renewal that during the 2 years prior to

16  an application for license renewal, all mortgage brokers and

17  the principal representative, loan originators, and associates

18  of a mortgage lender or correspondent mortgage lender have

19  successfully completed at least 14 hours of professional

20  education programs covering primary and subordinate mortgage

21  financing transactions and the provisions of this chapter.

22  Licensees shall maintain records documenting compliance with

23  this subsection for a period of 4 years.

24         (2)  Professional continuing education programs must

25  contribute directly to the professional competency of the

26  participants, may only be offered by permitted mortgage

27  business schools or entities specifically exempted from

28  permitting as mortgage business schools, and may include

29  electronically transmitted or distance education courses.

30         (3)  The commission shall adopt rules necessary to

31  administer this section, including rules governing qualifying

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 1  hours for professional continuing education programs and

 2  standards for electronically transmitted or distance education

 3  courses, including course completion requirements.

 4         Section 6.  Paragraphs (b) and (c) of subsection (1)

 5  and paragraph (e) of subsection (2) of section 494.003,

 6  Florida Statutes, are amended to read:

 7         494.003  Exemptions.--

 8         (1)  None of the following persons is subject to the

 9  requirements of ss. 494.003-494.0043:

10         (b)  A state or federal chartered bank, bank holding

11  company, trust company, savings and loan association, savings

12  bank or, credit union, bank holding company regulated under

13  the laws of any state or the United States, or consumer

14  finance company licensed pursuant to chapter 516.

15         (c)  A wholly owned bank holding company subsidiary or

16  a wholly owned savings and loan association holding company

17  subsidiary formed and regulated under the laws of any state or

18  the United States that is approved or certified by the

19  Department of Housing and Urban Development, the Veterans

20  Administration, the Government National Mortgage Association,

21  the Federal National Mortgage Association, or the Federal Home

22  Loan Mortgage Corporation.

23         (2)  None of the following persons is required to be

24  licensed under ss. 494.003-494.0043:

25         (e)  A wholly owned subsidiary of a state or federal

26  chartered bank or savings and loan association the sole

27  activity of which is to distribute the lending programs of

28  such state or federal chartered bank or savings and loan

29  association to persons who arrange loans for, or make loans

30  to, borrowers.

31  

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 1         Section 7.  Section 494.0031, Florida Statutes, is

 2  amended to read:

 3         494.0031  Licensure as a mortgage brokerage business.--

 4         (1)  Each person who acts as a mortgage brokerage

 5  business must be licensed under this section unless otherwise

 6  exempt from licensure.

 7         (2)(1)  Each initial application for a mortgage

 8  brokerage business license must be in the form prescribed by

 9  rule of the commission. In order to facilitate uniformity, the

10  commission may adopt by rule a uniform application form

11  approved by the Conference of State Bank Supervisors or the

12  American Association of Residential Mortgage Regulators, and

13  any subsequent amendments to the form, if the form is

14  substantially consistent with the requirements of this

15  chapter. The commission may require by rule that each

16  applicant submit the uniform application form to the office,

17  or such organization as the commission designates, in a

18  computer-readable form that is compatible with the electronic

19  data-processing system specified by the commission. The

20  commission may require each applicant to provide any

21  information reasonably necessary to determine the applicant's

22  eligibility for licensure. The office shall issue a mortgage

23  brokerage business license to each person who:

24         (a)  Has submitted a completed application form and a

25  nonrefundable application fee of $425. An application is

26  considered received for purposes of s. 120.60 upon receipt of

27  a completed application form as prescribed by commission rule,

28  a nonrefundable application fee of $425, and any other fee

29  prescribed by law.; and

30         (b)  Has a qualified principal broker pursuant to s.

31  494.0035.

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 1         (c)(2)  Has provided a complete set of fingerprints as

 2  the commission may require by rule for that each officer,

 3  director, control person, member, partner, or joint venturer

 4  of the applicant and each ultimate equitable owner of a

 5  10-percent or greater interest in the mortgage brokerage

 6  business. A fingerprint card submitted to the office must be

 7  submit a complete set of fingerprints taken by an authorized

 8  law enforcement agency officer. The office shall submit the

 9  fingerprints to the Department of Law Enforcement for state

10  processing and the Department of Law Enforcement shall forward

11  the fingerprints to the Federal Bureau of Investigation for

12  federal processing. The cost of the fingerprint processing may

13  be borne by the office, the employer, or the person subject to

14  the background check. The Department of Law Enforcement shall

15  submit an invoice to the office for the fingerprints received

16  each month. The office shall screen the background results to

17  determine if the applicant meets licensure requirements.

18         (d)  Has provided information that the commission

19  requires by rule concerning any designated principal mortgage

20  broker; any officer, director, control person, member,

21  partner, or joint venturer of the applicant; or any individual

22  who is the ultimate equitable owner of a 10-percent or greater

23  interest in the mortgage brokerage business. The commission

24  may require information about any such applicant or person,

25  including his or her full name or other names by which he or

26  she may have been known, age, social security number,

27  qualifications and educational and business history, and

28  disciplinary and criminal history.

29         (3)  Notwithstanding the provisions of subsection (2)

30  (1), it is a ground for denial of licensure if the applicant;

31  designated principal mortgage broker; any officer, director,

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 1  control person, member, partner, or joint venturer of the

 2  applicant; any natural person owning a 10-percent or greater

 3  interest in the mortgage brokerage business; or any individual

 4  natural person who is the ultimate equitable owner of a

 5  10-percent or greater interest in the mortgage brokerage

 6  business has committed any violation specified in ss.

 7  494.001-494.0077 or has pending against him or her in any

 8  jurisdiction any criminal prosecution or administrative

 9  enforcement action that, in any jurisdiction, which involves

10  fraud, dishonest dealing, or any other act of moral turpitude.

11         (4)  A mortgage brokerage business or branch office

12  license may be canceled if it was issued through mistake or

13  inadvertence of the office. A notice of cancellation must be

14  issued by the office within 90 days after the issuance of the

15  license.  A notice of cancellation is shall be effective upon

16  receipt. The notice of cancellation must shall provide the

17  applicant with notification of the right to request a hearing

18  within 21 days after the applicant's receipt of the notice of

19  cancellation.  A license must shall be reinstated if the

20  applicant can demonstrate that the requirements for obtaining

21  the license under pursuant to this chapter have been

22  satisfied.

23         (5)  If an initial mortgage brokerage business or

24  branch office license has been issued but the check upon which

25  the license is based is returned due to insufficient funds,

26  the license shall be deemed canceled.  A license deemed

27  canceled pursuant to this subsection shall be reinstated if

28  the office receives a certified check for the appropriate

29  amount within 30 days after the date the check was returned

30  due to insufficient funds.

31  

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 1         Section 8.  Subsections (1) and (2) of section

 2  494.0032, Florida Statutes, are amended to read:

 3         494.0032  Renewal of mortgage brokerage business

 4  license or branch office license.--

 5         (1)  The office shall renew a mortgage brokerage

 6  business license upon receipt of a completed renewal form and

 7  payment of a nonrefundable renewal fee of $375. Each licensee

 8  shall pay at the time of renewal a nonrefundable renewal fee

 9  of $225 for the renewal of each branch office license. The

10  license for a branch office must be renewed in conjunction

11  with the renewal of the mortgage brokerage business license.

12         (2)  The commission shall adopt rules establishing a

13  procedure for the biennial renewal of mortgage brokerage

14  business licenses and branch office licenses. The commission

15  may prescribe the form for renewal and may require an update

16  of all information provided in the licensee's initial

17  application. In order to facilitate uniformity, the commission

18  may adopt by rule a uniform renewal form that is approved by

19  the Conference of State Bank Supervisors or the American

20  Association of Residential Mortgage Regulators, and any

21  subsequent amendments to the form, if the form is

22  substantially consistent with the requirements of this

23  chapter. The commission may require by rule that each licensee

24  submit the uniform renewal form to the office, or such

25  organization as the commission designates, in a

26  computer-readable form that is compatible with the electronic

27  data-processing system specified by the commission.

28         Section 9.  Subsections (1), (2), and (7) of section

29  494.0033, Florida Statutes, are amended to read:

30         494.0033  Mortgage broker's license.--

31  

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 1         (1)  Each natural person who acts as a mortgage broker

 2  for a mortgage brokerage business or acts as an associate for

 3  a mortgage lender or correspondent mortgage lender must be

 4  licensed under pursuant to this section.  To act as a mortgage

 5  broker, an individual must be an associate of a mortgage

 6  brokerage business, a mortgage lender, or a correspondent

 7  mortgage lender. A mortgage broker may not be is prohibited

 8  from being an associate of more than one mortgage brokerage

 9  business, mortgage lender, or correspondent mortgage lender.

10         (2)  Each initial application for a mortgage broker's

11  license must be in the form prescribed by rule of the

12  commission. In order to facilitate uniformity, the commission

13  may adopt by rule a uniform application form that is approved

14  by the Conference of State Bank Supervisors or the American

15  Association of Residential Mortgage Regulators, and any

16  subsequent amendments to the form, if the form is

17  substantially consistent with the requirements of this

18  chapter. The commission may require by rule that each

19  applicant submit the uniform application form to the office,

20  or such organization as the commission designates, in a

21  computer-readable form that is compatible with the electronic

22  data-processing system specified by the commission. The

23  commission may require each applicant to provide any

24  information reasonably necessary to make a determination of

25  the applicant's eligibility for licensure. The office shall

26  issue an initial license to any natural person who:

27         (a)  Is at least 18 years of age.;

28         (b)  Has passed a written test adopted and administered

29  by the office, or has passed an electronic test adopted and

30  administered by the office or a third party approved by the

31  office, which is designed to determine competency in primary

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 1  and subordinate mortgage financing transactions as well as to

 2  test knowledge of ss. 494.001-494.0077 and the rules adopted

 3  pursuant thereto. The commission may prescribe by rule an

 4  additional fee that may not exceed $100 for the electronic

 5  version of the mortgage broker test. The commission may waive

 6  by rule the examination requirement for any person who has

 7  passed a test approved by the Conference of State Bank

 8  Supervisors, the American Association of Residential Mortgage

 9  Regulators, or the United States Department of Housing and

10  Urban Development if the test covers primary and subordinate

11  mortgage financing transactions.;

12         (c)  Has submitted a completed application and a

13  nonrefundable application fee of $200. An application is

14  considered received for purposes of s. 120.60 upon receipt of

15  a completed application form as prescribed by commission rule,

16  a nonrefundable application fee of $200, and any other fee

17  prescribed by law. The commission may set by rule an

18  additional fee for a retake of the examination; and

19         (d)  Has filed a complete set of fingerprints, taken by

20  an authorized law enforcement officer, for submission by the

21  office to the Department of Law Enforcement or the Federal

22  Bureau of Investigation for processing. A fingerprint card

23  submitted to the office must be taken by an authorized law

24  enforcement agency. The office shall submit the fingerprints

25  to the Department of Law Enforcement for state processing and

26  the Department of Law Enforcement shall forward the

27  fingerprints to the Federal Bureau of Investigation for

28  federal processing. The cost of the fingerprint processing may

29  be borne by the office, the employer, or the person subject to

30  the background check. The Department of Law Enforcement shall

31  submit an invoice to the office for the fingerprints received

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 1  each month. The office shall screen the background results to

 2  determine if the applicant meets licensure requirements.

 3  

 4  The commission may require by rule information concerning any

 5  such applicant or person, including his or her full name and

 6  any other names by which he or she may have been known, age,

 7  social security number, qualifications and educational and

 8  business history, and disciplinary and criminal history.

 9         (7)  If an initial mortgage broker license has been

10  issued but the check upon which the license is based is

11  returned due to insufficient funds, the license shall be

12  deemed canceled. A license deemed canceled pursuant to this

13  subsection shall be reinstated if the office receives a

14  certified check for the appropriate amount within 30 days

15  after the date the check was returned due to insufficient

16  funds.

17         Section 10.  Subsection (2) of section 494.0034,

18  Florida Statutes, is amended to read:

19         494.0034  Renewal of mortgage broker's license.--

20         (2)  The commission shall adopt rules establishing a

21  procedure for the biennial renewal of mortgage broker's

22  licenses. The commission may prescribe the form of the renewal

23  application and may require an update of information since the

24  licensee's last renewal. In order to facilitate uniformity,

25  the commission may adopt by rule a uniform renewal form that

26  is approved by the Conference of State Bank Supervisors or the

27  American Association of Residential Mortgage Regulators, and

28  any subsequent amendments to the form, if the form is

29  substantially consistent with the requirements of this

30  chapter. The commission may require by rule that each licensee

31  submit the uniform renewal form to the office, or such

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 1  organization as the commission designates, in a

 2  computer-readable form that is compatible with the electronic

 3  data-processing system specified by the commission.

 4         Section 11.  Subsections (2) and (3) of section

 5  494.0036, Florida Statutes, are amended to read:

 6         494.0036  Mortgage brokerage business branch offices.--

 7         (2)  The office shall issue a mortgage brokerage

 8  business branch office license to a mortgage brokerage

 9  business licensee after the office determines that the

10  licensee has submitted upon receipt of a completed application

11  for a branch office in a form as prescribed by commission rule

12  and payment of an initial nonrefundable branch office license

13  fee of $225. In order to facilitate uniformity, the commission

14  may adopt by rule a uniform branch office application form

15  that is approved by the Conference of State Bank Supervisors

16  or the American Association of Residential Mortgage

17  Regulators, and any subsequent amendments to the form, if the

18  form is substantially consistent with the requirements of this

19  chapter. The commission may require by rule that each

20  applicant submit the uniform branch office application form to

21  the office, or such organization as the commission designates,

22  in a computer-readable form that is compatible with the

23  electronic data-processing system specified by the commission.

24  Branch office licenses must be renewed in conjunction with the

25  renewal of the mortgage brokerage business license. The branch

26  office license shall be issued in the name of the mortgage

27  brokerage business that maintains the branch office. An

28  application is considered received for purposes of s. 120.60

29  upon receipt of a completed application form as prescribed by

30  commission rule, a nonrefundable application fee of $225, and

31  any other fee prescribed by law.

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 1         (3)  Each branch office must prominently display the

 2  license issued for such branch office. Each person licensed as

 3  a mortgage broker must prominently display his or her license

 4  in the office where such person acts as a mortgage broker.

 5         Section 12.  Section 494.0039, Florida Statutes, is

 6  amended to read:

 7         494.0039  Principal place of business requirements.--

 8         (1)  Each mortgage brokerage business licensee shall

 9  maintain and transact business from a principal place of

10  business.

11         (2)  A licensee under ss. 494.003-494.0043 shall report

12  any change of address of the principal place of business or

13  any branch office within 15 days after the change.

14         (3)  Each mortgage brokerage business must prominently

15  display its license at the principal place of business.  Each

16  licensed mortgage broker must prominently display his or her

17  license in the office where such person acts as a mortgage

18  broker.

19         Section 13.  Section 494.004, Florida Statutes, is

20  amended to read:

21         494.004  Requirements of licensees.--

22         (1)  Each licensee under ss. 494.003-494.0043 shall

23  report, in writing, any conviction of, or plea of nolo

24  contendere to, regardless of adjudication, any crime or

25  administrative violation that involves fraud, dishonest

26  dealing, or any other act of moral turpitude, in any

27  jurisdiction, by the licensee or any natural person named in

28  s. 494.0031(2)(d) s. 494.0031(3), not later than 30 days after

29  the date of conviction, entry of a plea of nolo contendere, or

30  final administrative action.

31  

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 1         (2)  Each licensee under ss. 494.003-494.0043 shall

 2  report, in a form prescribed by rule of the commission, any

 3  conviction of, or plea of nolo contendere to, regardless of

 4  whether adjudication is withheld, any felony committed by the

 5  licensee or any natural person named in s. 494.0031(2)(d) s.

 6  494.0031(3), not later than 30 days after the date of

 7  conviction or the date the plea of nolo contendere is entered.

 8         (3)  Each licensee under ss. 494.003-494.0043 shall

 9  report any action in bankruptcy, voluntary or involuntary, to

10  the office not later than 7 business days after the action is

11  instituted.

12         (4)  Each licensee under ss. 494.003-494.0043 shall

13  report on a form prescribed by rule of the commission any

14  change to the information contained in any initial application

15  form, or any amendment thereto, any change in the form of

16  business organization or any change of a person named,

17  pursuant to s. 494.0031(3), to the office in writing not later

18  than 30 days after the change is effective.

19         (5)  A license issued under ss. 494.003-494.0043 is not

20  transferable or assignable.

21         (6)  Each licensee under ss. 494.003-494.0043 shall

22  report any change in the principal broker, partners, officers,

23  members, joint venturers, directors, control persons of any

24  licensee, or any individual who is the ultimate equitable

25  owner of a 10-percent or greater interest in the licensee, or

26  any change in the form of business organization, by written

27  amendment in the form and at the time that the commission

28  specifies by rule.

29         (a)  In any case in which a person or a group of

30  persons, directly or indirectly or acting by or through one or

31  more persons, proposes to purchase or acquire a controlling

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 1  interest in a licensee, such person or group must submit an

 2  initial application for licensure as a mortgage brokerage

 3  business before such purchase or acquisition and at the time

 4  and in the form that the commission prescribes by rule.

 5         (b)  As used in this subsection, the term "controlling

 6  interest" means possession of the power to direct or cause the

 7  direction of the management or policies of a company whether

 8  through ownership of securities, by contract, or otherwise.

 9  Any person who directly or indirectly has the right to vote 25

10  percent or more of the voting securities of a company or is

11  entitled to 25 percent or more of its profits is presumed to

12  possess a controlling interest.

13         (c)  Any addition of a partner, officer, member, joint

14  venturer, director, control person, or ultimate equitable

15  owner of the applicant who does not have a controlling

16  interest and who has not previously complied with the

17  provisions of ss. 494.0031(2)(c) and 494.0031(2)(d) is subject

18  thereto unless required to file an initial application in

19  accordance with paragraph (a). If the office finds that the

20  licensee does not continue to meet licensure requirements, the

21  office may bring an administrative action in accordance with

22  s. 494.0041 to enforce the provisions of this chapter.

23         (d)  The commission shall adopt rules providing for the

24  waiver of the application required by this subsection if the

25  person or group of persons proposing to purchase or acquire a

26  controlling interest in a licensee has previously complied

27  with the provisions of ss. 494.0031(2)(c) and 494.0031(2)(d)

28  with respect to the same legal entity or is currently licensed

29  by the office under this chapter.

30         (7)(6)  On or before April 30, 2000, each mortgage

31  brokerage business shall file an initial report stating the

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 1  name, social security number, date of birth, mortgage broker

 2  license number, date of hire and, if applicable, date of

 3  termination for each person who was an associate of the

 4  mortgage brokerage business during the immediate preceding

 5  quarter. Thereafter, a mortgage brokerage business shall file

 6  a quarterly report only if a person became an associate or

 7  ceased to be an associate of the mortgage brokerage business

 8  during the immediate preceding quarter. Such report shall be

 9  filed within 30 days after the last day of each calendar

10  quarter and shall contain the name, social security number,

11  date of birth, mortgage broker license number, date of hire

12  and, if applicable, the date of termination of each person who

13  became or ceased to be an associate of the mortgage brokerage

14  business during the immediate preceding quarter. The

15  commission shall prescribe, by rule, the procedures for filing

16  reports required by this subsection.

17         Section 14.  Paragraphs (s), (t), and (u) are added to

18  subsection (2) and subsection (3) of section 494.0041, Florida

19  Statutes, is amended, to read:

20         494.0041  Administrative penalties and fines; license

21  violations.--

22         (2)  Each of the following acts constitutes a ground

23  for which the disciplinary actions specified in subsection (1)

24  may be taken:

25         (s)  Payment to the office for a license or permit with

26  a check or electronic transmission of funds that is dishonored

27  by the applicant's or licensee's financial institution.

28         (t)  Having a final judgment entered against her or him

29  in a civil action upon grounds of fraud, embezzlement,

30  misrepresentation, or deceit.

31  

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 1         (u)1.  Having been the subject of any decision,

 2  finding, injunction, suspension, prohibition, revocation,

 3  denial, judgment, or administrative order by any court of

 4  competent jurisdiction, administrative law judge, state or

 5  federal agency, national securities exchange, national

 6  commodities exchange, national option exchange, national

 7  securities association, national commodities association, or

 8  national option association involving a violation of any

 9  federal or state securities or commodities law, or any rule or

10  regulation adopted thereunder, or involving a violation of any

11  rule or regulation of any national securities, commodities, or

12  options exchange or national securities, commodities, or

13  options association.

14         2.  Having been the subject of any injunction or

15  adverse administrative order by a state or federal agency

16  regulating banking, insurance, finance or small loan

17  companies, real estate, mortgage brokers or lenders, money

18  transmitters, or other related or similar industries.

19         (3)  A mortgage brokerage business is subject to the

20  disciplinary actions specified in subsection (1) for a

21  violation of subsection (2) by any officer, member, director,

22  control person, joint venturer, partner, ultimate equitable

23  owner of a 10-percent or greater interest in the mortgage

24  brokerage business, or associate mortgage broker of the

25  licensee.

26         Section 15.  Paragraphs (a) and (c) of subsection (1)

27  and paragraph (a) of subsection (2) of section 494.006,

28  Florida Statutes, are amended to read:

29         494.006  Exemptions.--

30  

31  

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 1         (1)  None of the following persons are subject to the

 2  requirements of ss. 494.006-494.0077 in order to act as a

 3  mortgage lender or correspondent mortgage lender:

 4         (a)  A state or federal chartered bank, a bank holding

 5  company, trust company, a savings and loan association, a

 6  savings bank or, credit union, a bank holding company

 7  regulated under the laws of any state or the United States, or

 8  an insurance company if the insurance company is duly licensed

 9  in this state.

10         (c)  A wholly owned bank holding company subsidiary or

11  a wholly owned savings and loan association holding company

12  subsidiary that is formed and regulated under the laws of any

13  state or the United States and that is approved or certified

14  by the Department of Housing and Urban Development, the

15  Veterans Administration, the Government National Mortgage

16  Association, the Federal National Mortgage Association, or the

17  Federal Home Loan Mortgage Corporation.

18         (2)(a)  A natural person employed by a mortgage lender

19  or correspondent mortgage lender licensed under ss.

20  494.001-494.0077 is exempt from the licensure requirements of

21  ss. 494.001-494.0077 when acting within the scope of

22  employment with the licensee.

23         Section 16.  Section 494.0061, Florida Statutes, is

24  amended to read:

25         494.0061  Mortgage lender's license requirements.--

26         (1)  Each person who acts as a mortgage lender must be

27  licensed under this section unless otherwise exempt from

28  licensure.

29         (2)(1)  Each initial application for a mortgage lender

30  license must be in the form prescribed by rule of the

31  commission. In order to facilitate uniformity, the commission

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 1  may adopt by rule a uniform application form approved by the

 2  Conference of State Bank Supervisors or the American

 3  Association of Residential Mortgage Regulators, and any

 4  subsequent amendments to the form, if the form is

 5  substantially consistent with the requirements of this

 6  chapter. The commission may require by rule that each

 7  applicant submit the uniform application form to the office,

 8  or such organization as the commission designates, in a

 9  computer-readable form that is compatible with the electronic

10  data-processing system specified by the commission. The

11  commission or office may require each applicant for a mortgage

12  lender license to provide any information reasonably necessary

13  to make a determination of the applicant's eligibility for

14  licensure. The office shall issue an initial mortgage lender

15  license to any person that submits:

16         (a)  A completed application form.;

17         (b)  A nonrefundable application fee of $575. An

18  application is considered received for purposes of s. 120.60

19  upon receipt of a completed application form as prescribed by

20  commission rule, a nonrefundable application fee of $575, and

21  any other fee prescribed by law.;

22         (c)  Audited financial statements, which documents

23  disclose that the applicant has a bona fide and verifiable net

24  worth, pursuant to United States generally accepted accounting

25  principles, of at least $250,000, which must be continuously

26  maintained as a condition of licensure.;

27         (d)  A surety bond in the amount of $10,000, payable to

28  the state and conditioned upon compliance with ss.

29  494.001-494.0077, which inures to the office and which must be

30  continuously maintained thereafter in full force.;

31  

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 1         (e)  Documentation that the applicant is duly

 2  incorporated, registered, or otherwise formed as a general

 3  partnership, limited partnership, limited liability company,

 4  or other lawful entity under the laws of this state or another

 5  state of the United States.; and

 6         (f)  For applications submitted after October 1, 2001,

 7  Proof that the applicant's principal representative has

 8  completed 24 hours of classroom instruction in primary and

 9  subordinate financing transactions and in the provisions of

10  this chapter and rules adopted under this chapter. This

11  requirement is satisfied if the principal representative has

12  continuously served in the capacity of a principal

13  representative for a licensed entity under this chapter for at

14  least 1 year and has not had a lapse in designation as a

15  principal representative of more than 2 years before the date

16  of the submission of the application or amendment in the case

17  of a change in the principal representative. This requirement

18  is also satisfied if the principal representative currently

19  holds an active license as a mortgage broker in this state.

20         (g)  A complete set of fingerprints as the commission

21  requires by rule for the designated principal representative

22  and each officer, director, control person, member, partner,

23  or joint venturer of the applicant, and ultimate equitable

24  owner of a 10-percent or greater interest in the applicant. A

25  fingerprint card submitted to the office must be taken by an

26  authorized law enforcement agency. The office shall submit the

27  fingerprints to the Department of Law Enforcement for state

28  processing and the Department of Law Enforcement shall forward

29  the fingerprints to the Federal Bureau of Investigation for

30  federal processing. The cost for the fingerprint processing

31  may be borne by the office, the employer, or the person

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 1  subject to the background check. The Department of Law

 2  Enforcement shall submit an invoice to the office for the

 3  fingerprints received each month. The office shall screen the

 4  background results to determine if the applicant meets

 5  licensure requirements.

 6         (h)  Information that the commission requires by rule

 7  concerning any designated principal representative; any

 8  officer, director, control person, member, partner, or joint

 9  venturer of the applicant, or any person having the same or

10  substantially similar status or performing substantially

11  similar functions; or any natural person who is the ultimate

12  equitable owner of a 10-percent or greater interest in the

13  mortgage lender. The commission may require information

14  concerning any such applicant or person, including his or her

15  full name and any other names by which he or she may have been

16  known, social security number, age, qualifications and

17  educational and business history, and disciplinary and

18  criminal history.

19         (3)(2)  Notwithstanding the provisions of subsection

20  (2) (1), it is a ground for denial of licensure if the

21  applicant; designated principal representative;, any principal

22  officer, or director, control person, member, partner, or

23  joint venturer of the applicant;, or any natural person owning

24  a 10-percent or greater interest in the applicant;, or any

25  natural person who is the ultimate equitable owner of a

26  10-percent or greater interest in the applicant has committed

27  any violation specified in s. 494.0072, or has pending against

28  her or him any criminal prosecution or administrative

29  enforcement action, in any jurisdiction, which involves fraud,

30  dishonest dealing, or any act of moral turpitude.

31  

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 1         (3)  Each initial application for a mortgage lender's

 2  license must be in a form prescribed by the commission. The

 3  commission or office may require each applicant to provide any

 4  information reasonably necessary to make a determination of

 5  the applicant's eligibility for licensure. The commission or

 6  office may require that each officer, director, and ultimate

 7  equitable owner of a 10-percent or greater interest in the

 8  applicant submit a complete set of fingerprints taken by an

 9  authorized law enforcement officer.

10         (4)  A person required to be licensed under ss.

11  494.006-494.0077, or an agent or employee thereof, is deemed

12  to have consented to the venue of courts of competent

13  jurisdiction in this state regarding any matter within the

14  authority of ss. 494.001-494.0077 regardless of where an act

15  or violation was committed.

16         (5)  A license issued in accordance with ss.

17  494.006-494.0077 is not transferable or assignable.

18         (6)  A mortgage lender or branch office license may be

19  canceled if it was issued through mistake or inadvertence of

20  the office. A notice of cancellation must be issued by the

21  office within 90 days after the issuance of the license. A

22  notice of cancellation shall be effective upon receipt. The

23  notice of cancellation shall provide the applicant with

24  notification of the right to request a hearing within 21 days

25  after the applicant's receipt of the notice of cancellation. A

26  license shall be reinstated if the applicant can demonstrate

27  that the requirements for obtaining the license under pursuant

28  to this chapter have been satisfied.

29         (7)  If an initial mortgage lender or branch office

30  license has been issued but the check upon which the license

31  is based is returned due to insufficient funds, the license

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 1  shall be deemed canceled. A license deemed canceled pursuant

 2  to this subsection shall be reinstated if the office receives

 3  a certified check for the appropriate amount within 30 days

 4  after the date the check was returned due to insufficient

 5  funds.

 6         (7)(8)  Each lender, regardless of the number of

 7  branches it operates, shall designate a principal

 8  representative who exercises control of the licensee's

 9  business and shall maintain a form prescribed by the

10  commission designating the principal representative. If the

11  form is not accurately maintained, the business is considered

12  to be operated by each officer, director, or equitable owner

13  of a 10-percent or greater interest in the business.

14         (8)(9)  After October 1, 2001, An applicant's principal

15  representative must pass a written test prescribed by the

16  commission and administered by the office, or must pass an

17  electronic test prescribed by the commission and administered

18  by the office or a third party approved by the office, which

19  covers primary and subordinate mortgage financing transactions

20  and the provisions of this chapter and rules adopted under

21  this chapter. The commission may set a fee by rule, which may

22  not exceed $100, for the electronic version of the mortgage

23  broker test. The commission may waive by rule the examination

24  requirement for any person who has passed a test approved by

25  the Conference of State Bank Supervisors, the American

26  Association of Residential Mortgage Regulators, or the United

27  States Department of Housing and Urban Development if the test

28  covers primary and subordinate mortgage financing

29  transactions. This requirement is satisfied if the principal

30  representative has continuously served in the capacity of a

31  principal representative for a licensed entity under this

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 1  chapter for at least 1 year and has not had a lapse in

 2  designation as a principal representative of more than 2 years

 3  before the date of the submission of the application or

 4  amendment in the case of a change in the principal

 5  representative. This requirement is also satisfied if the

 6  principal representative holds an active license as a mortgage

 7  broker in this state.

 8         (9)(10)  A lender shall notify the office of any change

 9  in the designation of its principal representative within 30

10  days after the change is effective. A new principal

11  representative shall satisfy the name and address of any new

12  principal representative and shall document that the person

13  has completed the educational and testing requirements of this

14  section within 90 days after being designated as upon the

15  designation of a new principal representative. This

16  requirement is satisfied if the principal representative has

17  continuously served in the capacity of a principal

18  representative for a licensed entity under this chapter for at

19  least 1 year and has not had a lapse in designation as a

20  principal representative of more than 2 years before the date

21  of the submission of the application or amendment in the case

22  of a change in the principal representative. This requirement

23  is also satisfied if the principal representative holds an

24  active license as a mortgage broker in this state.

25         Section 17.  Section 494.0062, Florida Statutes, is

26  amended to read:

27         494.0062  Correspondent mortgage lender's license

28  requirements.--

29         (1)  Each person who acts as a correspondent mortgage

30  lender must be licensed under this section unless otherwise

31  exempt from licensure.

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 1         (2)(1)  Each initial application for a correspondent

 2  mortgage lender's license must be in the form prescribed by

 3  rule of the commission. In order to facilitate uniformity, the

 4  commission may adopt by rule a uniform application form

 5  approved by the Conference of State Bank Supervisors or the

 6  American Association of Residential Mortgage Regulators, and

 7  any subsequent amendments to the form, if the form is

 8  substantially consistent with the requirements of this

 9  chapter. The commission may require by rule that each

10  applicant submit the uniform application form to the office,

11  or such organization as the commission designates, in a

12  computer-readable form that is compatible with the electronic

13  data-processing system specified by the commission. The office

14  may require each applicant to provide any information

15  reasonably necessary to determine the applicant's eligibility

16  for licensure. The office shall issue an initial correspondent

17  mortgage lender license to any person who submits:

18         (a)  A completed application form.;

19         (b)  A nonrefundable application fee of $500. An

20  application is considered received for purposes of s. 120.60

21  upon receipt of a completed application form as prescribed by

22  commission rule, a nonrefundable application fee of $500, and

23  any other fee prescribed by law.;

24         (c)  Audited financial statements that, which document

25  that the applicant application has a bona fide and verifiable

26  net worth pursuant to United States generally accepted

27  accounting principles of $25,000 or more, which must be

28  continuously maintained as a condition of licensure.;

29         (d)  A surety bond in the amount of $10,000, payable to

30  the State of Florida and conditioned upon compliance with ss.

31  

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 1  494.001-494.0077, which inures to the office and which must be

 2  continuously maintained, thereafter, in full force.;

 3         (e)  Documentation that the applicant is duly

 4  incorporated, registered, or otherwise formed as a general

 5  partnership, limited partnership, limited liability company,

 6  or other lawful entity under the laws of this state or another

 7  state of the United States.; and

 8         (f)  For applications filed after October 1, 2001,

 9  Proof that the applicant's principal representative has

10  completed 24 hours of classroom instruction in primary and

11  subordinate financing transactions and in the provisions of

12  this chapter and rules enacted under this chapter. This

13  requirement is satisfied if the principal representative has

14  continuously served in the capacity of a principal

15  representative for a licensed entity under this chapter for at

16  least 1 year and has not had a lapse in designation as a

17  principal representative of more than 2 years before the date

18  of the submission of the application or amendment in the case

19  of a change in the principal representative. This requirement

20  is also satisfied if the principal representative holds an

21  active license as a mortgage broker in this state.

22         (g)  A complete set of fingerprints as the commission

23  requires by rule for the designated principal representative

24  and each officer, director, control person, member, partner,

25  or joint venturer of the applicant, and ultimate equitable

26  owner of a 10-percent or greater interest in the applicant. A

27  fingerprint card submitted to the office must be taken by an

28  authorized law enforcement agency. The office shall submit the

29  fingerprints to the Department of Law Enforcement for state

30  processing and the Department of Law Enforcement shall forward

31  the fingerprints to the Federal Bureau of Investigation for

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 1  federal processing. The cost of the fingerprint processing may

 2  be borne by the office, the employer, or the person subject to

 3  the background check. The Department of Law Enforcement shall

 4  submit an invoice to the office for the fingerprints received

 5  each month. The office shall screen the background results to

 6  determine if the applicant meets licensure requirements.

 7         (h)  Information that the commission requires by rule

 8  concerning any designated principal representative; any

 9  officer, director, control person, member, partner, or joint

10  venturer of the applicant or any person having the same or

11  substantially similar status or performing substantially

12  similar functions; or any natural person who is the ultimate

13  equitable owner of a 10-percent or greater interest in the

14  correspondent mortgage lender. The office may require

15  information concerning any such applicant or person, including

16  his or her full name and any other names by which he or she

17  may have been known, age, social security number,

18  qualifications and educational and business history, and

19  disciplinary and criminal history.

20         (3)(2)  Notwithstanding the provisions of subsection

21  (2) (1), it is a ground for denial of licensure if the

22  applicant; any designated principal representative;, any

23  principal officer, or director, control person, member,

24  partner, or joint venturer of the applicant;, or any natural

25  person who is the ultimate equitable owner of a 10-percent or

26  greater interest in the applicant has committed any violation

27  specified in s. 494.0072, or has pending against her or him

28  any criminal prosecution or administrative enforcement action,

29  in any jurisdiction, which involves fraud, dishonest dealing,

30  or any act of moral turpitude.

31  

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 1         (3)  Each initial application for a correspondent

 2  mortgage lender's license must be in a form prescribed by the

 3  commission. The commission or office may require each

 4  applicant to provide any information reasonably necessary to

 5  make a determination of the applicant's eligibility for

 6  licensure. The commission or office may require that each

 7  officer, director, and ultimate equitable owner of a

 8  10-percent or greater interest submit a complete set of

 9  fingerprints taken by an authorized law enforcement officer.

10         (4)  Each license is valid for the remainder of the

11  biennium in which the license is issued.

12         (5)  A person licensed as a correspondent mortgage

13  lender may make mortgage loans, but may not service a mortgage

14  loan for more than 4 months after the date the mortgage loan

15  was made or acquired by the correspondent mortgage lender.

16         (6)  A licensee under ss. 494.006-494.0077, or an agent

17  or employee thereof, is deemed to have consented to the venue

18  of courts of competent jurisdiction in this state regarding

19  any matter within the authority of ss. 494.001-494.0077

20  regardless of where an act or violation was committed.

21         (7)  A correspondent mortgage lender is subject to the

22  same requirements and restrictions as a licensed mortgage

23  lender unless otherwise provided in this section.

24         (8)  A license issued under this section is not

25  transferable or assignable.

26         (9)  A correspondent mortgage lender or branch office

27  license may be canceled if it was issued through mistake or

28  inadvertence of the office. A notice of cancellation must be

29  issued by the office within 90 days after the issuance of the

30  license. A notice of cancellation shall be effective upon

31  receipt. The notice of cancellation shall provide the

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 1  applicant with notification of the right to request a hearing

 2  within 21 days after the applicant's receipt of the notice of

 3  cancellation. A license shall be reinstated if the applicant

 4  can demonstrate that the requirements for obtaining the

 5  license pursuant to this chapter have been satisfied.

 6         (10)  If an initial correspondent mortgage lender or

 7  branch office license has been issued but the check upon which

 8  the license is based is returned due to insufficient funds,

 9  the license shall be deemed canceled. A license deemed

10  canceled pursuant to this subsection shall be reinstated if

11  the office receives a certified check for the appropriate

12  amount within 30 days after the date the check was returned

13  due to insufficient funds.

14         (10)(11)  Each correspondent lender shall designate a

15  principal representative who exercises control over the

16  business and shall maintain a form prescribed by the

17  commission designating the principal representative. If the

18  form is not accurately maintained, the business is considered

19  to be operated by each officer, director, or equitable owner

20  of a 10-percent or greater interest in the business.

21         (11)(12)  After October 1, 2001, An applicant's

22  principal representative must pass a written test prescribed

23  by the commission and administered by the office or must pass

24  an electronic test prescribed by the commission and

25  administered by the office or a third party approved by the

26  office which covers primary and subordinate mortgage financing

27  transactions and the provisions of this chapter and rules

28  adopted under this chapter. The commission may waive by rule

29  the examination requirement for any person who has passed a

30  test approved by the Conference of State Bank Supervisors, the

31  American Association of Residential Mortgage Regulators, or

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 1  the United States Department of Housing and Urban Development

 2  if the test covers primary and subordinate mortgage financing

 3  transactions. The commission may set by rule a fee not to

 4  exceed $100 for taking the examination. This requirement is

 5  satisfied if the principal representative has continuously

 6  served in the capacity of a principal representative for a

 7  licensed entity under this chapter for at least 1 year and has

 8  not had a lapse in designation as a principal representative

 9  of more than 2 years before the date of the submission of the

10  application or amendment in the case of a change in the

11  principal representative. This requirement is also satisfied

12  if the principal representative holds an active license as a

13  mortgage broker in this state.

14         (12)(13)  A correspondent lender shall notify the

15  office of any change in the designation of its principal

16  representative within 30 days after the change is effective. A

17  new principal representative shall satisfy the name and

18  address of any new principal representative and shall document

19  that such person has completed the educational and testing

20  requirements of this section within 90 days after being

21  designated as upon the lender's designation of a new principal

22  representative. This requirement is satisfied if the principal

23  representative has continuously served in the capacity of a

24  principal representative for a licensed entity under this

25  chapter for at least 1 year and has not had a lapse in

26  designation as a principal representative of more than 2 years

27  before the date of the submission of the application or

28  amendment in the case of a change in the principal

29  representative. This requirement is also satisfied if the

30  principal representative holds an active license as a mortgage

31  broker in this state.

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 1         Section 18.  Paragraph (b) of subsection (1) and

 2  subsection (2) of section 494.0064, Florida Statutes, are

 3  amended to read:

 4         494.0064  Renewal of mortgage lender's license; branch

 5  office license renewal.--

 6         (1)

 7         (b)  A licensee shall also submit, as part of the

 8  renewal form, certification that during the preceding 2 years

 9  the licensee's principal representative and, loan originators,

10  and associates have completed the professional continuing

11  education requirements of s. 494.00295.

12         (2)  The commission shall adopt rules establishing a

13  procedure for the biennial renewal of mortgage lender's

14  licenses, correspondent lender's licenses, and branch office

15  licenses permits. The commission may prescribe the form for

16  renewal and may require an update of all information provided

17  in the licensee's initial application. In order to facilitate

18  uniformity, the commission may adopt by rule a uniform renewal

19  form approved by the Conference of State Bank Supervisors or

20  the American Association of Residential Mortgage Regulators,

21  and any subsequent amendments to the form, if the form is

22  substantially consistent with the requirements of this

23  chapter. The commission may require by rule that each licensee

24  submit the uniform renewal form to the office, or such

25  organization as the commission designates, in a

26  computer-readable form that is compatible with the electronic

27  data-processing system specified by the commission.

28         Section 19.  Section 494.0065, Florida Statutes, is

29  amended to read:

30         494.0065  Saving clause.--

31  

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 1         (1)(a)  Any person in good standing who holds an active

 2  registration pursuant to former s. 494.039 or license pursuant

 3  to former s. 521.205, or any person who acted solely as a

 4  mortgage servicer on September 30, 1991, is eligible to apply

 5  to the office for a mortgage lender's license and is eligible

 6  for licensure if the applicant:

 7         1.  For at least 12 months during the period of October

 8  1, 1989, through September 30, 1991, has engaged in the

 9  business of either acting as a seller or assignor of mortgage

10  loans or as a servicer of mortgage loans, or both;

11         2.  Has documented a minimum net worth of $25,000 in

12  audited financial statements; and

13         3.  Has applied for licensure pursuant to this section

14  by January 1, 1992, and paid an application fee of $100.

15         (b)  A licensee pursuant to paragraph (a) may operate a

16  wholly owned subsidiary or affiliate for the purpose of

17  servicing accounts if the subsidiary or affiliate is

18  operational as of September 30, 1991. Such subsidiary or

19  affiliate is not required to obtain a separate license, but is

20  subject to all the requirements of a licensee under ss.

21  494.006-494.0077.

22         (2)  A licensee issued a license pursuant to subsection

23  (1) may renew its mortgage lending license if it documents a

24  minimum net worth of $25,000, according to United States

25  generally accepted accounting principles, which must be

26  continuously maintained as a condition to licensure. The

27  office shall require an audited financial statement which

28  documents such net worth.

29         (3)  The commission may prescribe by rule forms and

30  procedures for application for licensure, and amendment and

31  withdrawal of application for licensure, or transfer,

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 1  including any existing branch offices, in accordance with

 2  subsections (4) and (5), and for renewal of licensure of

 3  licensees under this section. In order to facilitate

 4  uniformity, the commission may adopt by rule uniform forms

 5  approved by the Conference of State Bank Supervisors or the

 6  American Association of Residential Mortgage Regulators, and

 7  any subsequent amendments to the forms, if the forms are

 8  substantially consistent with the requirements of this

 9  chapter. The commission may require by rule that the forms be

10  submitted to the office, or such organization as the

11  commission designates, in a computer-readable form compatible

12  with the electronic data-processing system specified by the

13  commission. The office may require each applicant to provide

14  any information reasonably necessary to determine the

15  applicant's eligibility for licensure. An application is

16  considered received for purposes of s. 120.60 upon receipt of

17  a completed application form as prescribed by commission rule,

18  a nonrefundable application fee of $500, and any other fee

19  prescribed by law.

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

21  494.0067(3), the ultimate equitable owner, as of the effective

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

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

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

25  securities of such mortgage lender, except as provided in

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

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

28  multiple transactions or in a single transaction.

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

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

31  50 percent of the ownership, control, or power to vote any

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

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

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

 4  child of such transferee, in perpetuity.

 5         (c)  For any transfer application filed on or after

 6  October 1, 2006:

 7         1.  An applicant must provide proof that the

 8  applicant's principal representative has completed 24 hours of

 9  instruction in primary and subordinate financing transactions

10  and in the provisions of this chapter and rules adopted under

11  this chapter. This requirement is satisfied if the principal

12  representative has continuously served in the capacity of a

13  principal representative for a licensed entity under this

14  chapter for at least 1 year and has not had a lapse in

15  designation as a principal representative of more than 2 years

16  before the date of the submission of the application or

17  amendment in the case of a change in the principal

18  representative. This requirement is also satisfied if the

19  principal representative holds an active license as a mortgage

20  broker in this state.

21         2.  An applicant's principal representative must pass a

22  written test prescribed by the commission and administered by

23  the office, or must pass an electronic test prescribed by the

24  commission and administered by the office or a third party

25  approved by the office, which covers primary and subordinate

26  mortgage financing transactions and the provisions of this

27  chapter and rules adopted under this chapter. The commission

28  may set by rule a fee not to exceed $100 for the electronic

29  version of the mortgage broker test. The commission may waive

30  by rule the examination requirement for any person who has

31  passed a test approved by the Conference of State Bank

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 1  Supervisors, the American Association of Residential Mortgage

 2  Regulators, or the United States Department of Housing and

 3  Urban Development if the test covers primary and subordinate

 4  mortgage financing transactions. This requirement is satisfied

 5  if the principal representative has continuously served in the

 6  capacity of a principal representative for a licensed entity

 7  under this chapter for at least 1 year and has not had a lapse

 8  in designation as a principal representative of more than 2

 9  years before the date of the submission of the application or

10  amendment in the case of a change in the principal

11  representative. This requirement is also satisfied if the

12  principal representative holds an active license as a mortgage

13  broker in this state.

14         (5)  Each initial application for a transfer must be in

15  the form prescribed by rule of the commission. The commission

16  or office may require each applicant for any transfer to

17  provide any information reasonably necessary to make a

18  determination of the applicant's eligibility for licensure.

19  The office shall issue the transfer of licensure to any person

20  who submits the following documentation at least 90 days prior

21  to the anticipated transfer:

22         (a)  A completed application form.

23         (b)  A nonrefundable fee set by rule of the commission

24  in the amount of $500. An application is considered received

25  for purposes of s. 120.60 upon receipt of a completed

26  application form as prescribed by commission rule, a

27  nonrefundable application fee of $500, and any other fee

28  prescribed by law.

29         (c)  Audited financial statements that substantiate

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

31  according to United States generally accepted accounting

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 1  principles, of at least $25,000, which must be continuously

 2  maintained as a condition of licensure.

 3         (d)  Documentation that the applicant is incorporated,

 4  registered, or otherwise formed as a general partnership,

 5  limited partnership, limited liability company, or other

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

 7  the United States.

 8         (e)  A complete set of fingerprints as the commission

 9  requires by rule for or office may require that each

10  designated principal representative, officer, director,

11  control person, member, partner, or joint venturer of the

12  applicant and the ultimate equitable owner of a 10-percent or

13  greater interest in the applicant. A fingerprint card

14  submitted to the office must be submit a complete set of

15  fingerprints taken by an authorized law enforcement agency

16  officer. The office shall submit the fingerprints to the

17  Department of Law Enforcement for state processing and the

18  Department of Law Enforcement shall forward the fingerprints

19  to the Federal Bureau of Investigation for federal processing.

20  The cost of the fingerprint processing may be borne by the

21  office, the employer, or the person subject to the background

22  check. The Department of Law Enforcement shall submit an

23  invoice to the office for the fingerprints received each

24  month. The office shall screen the background results to

25  determine if the applicant meets licensure requirements.

26         (f)  Information that the commission requires by rule

27  concerning any designated principal representative; any

28  officer, director, control person, members, partner, or joint

29  venturer of the applicant or any person having the same or

30  substantially similar status or performing substantially

31  similar functions; or any individual who is the ultimate

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 1  equitable owner of a 10-percent or greater interest in the

 2  mortgage lender. The commission may require information

 3  concerning such applicant or person, including his or her full

 4  name and any other names by which he or she may have been

 5  known, age, social security number, qualifications and

 6  educational and business history, and disciplinary and

 7  criminal history.

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

 9  subsection (4) may be denied if the applicant; designated

10  principal representative;, any principal officer, or director,

11  control person, member, partner, or joint venturer of the

12  applicant;, or any natural person owning a 10-percent or

13  greater interest in the applicant has committed any violation

14  specified in s. 494.0072, or has entered a plea of nolo

15  contendere, regardless of adjudication, or has an action

16  pending against the applicant in any criminal prosecution or

17  administrative enforcement action, in any jurisdiction, which

18  involves fraud, dishonest dealing, or any act of moral

19  turpitude.

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

21  is not transferable or assignable except as provided in

22  subsection (4).

23         (8)  Each person applying for a transfer of any branch

24  office pursuant to subsection (4) must comply with the

25  requirements of s. 494.0066.

26         (9)  Each mortgage lender shall designate a principal

27  representative who exercises control over the business and

28  shall keep the designation current on a form prescribed by

29  commission rule designating the principal representative. If

30  the information on the form is not kept current, the business

31  is considered to be operated by each officer, director, or

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 1  equitable owner of a 10-percent or greater interest in the

 2  business.

 3         (10)  A lender shall notify the office of any change in

 4  the designation of its principal representative within 30 days

 5  after the change is effective. A new principal representative

 6  must satisfy the educational and testing requirements of this

 7  section within 90 days after being designated as the new

 8  principal representative. This requirement is satisfied if the

 9  principal representative has continuously served in the

10  capacity of a principal representative for a licensed entity

11  under this chapter for at least 1 year and has not had a lapse

12  in designation as a principal representative of more than 2

13  years before the date of the submission of the application or

14  amendment in the case of a change in the principal

15  representative. This requirement is also satisfied if the

16  principal representative currently holds an active license as

17  mortgage broker in this state.

18         Section 20.  Subsection (2) of section 494.0066,

19  Florida Statutes, is amended to read:

20         494.0066  Branch offices.--

21         (2)  The office shall issue a branch office license to

22  a licensee licensed under ss. 494.006-494.0077 after the

23  office determines that the licensee has submitted upon receipt

24  of a completed branch office application form as prescribed by

25  rule by the commission and an initial nonrefundable branch

26  office license fee of $325. In order to facilitate uniformity,

27  the commission may adopt by rule a uniform branch office

28  application form to establish a branch office which is

29  approved by the Conference of State Bank Supervisors or the

30  American Association of Residential Mortgage Regulators, and

31  any subsequent amendments to the form, if the form is

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 1  substantially consistent with the requirements of this

 2  chapter. The commission may require by rule that each

 3  applicant submit the uniform application form to the office,

 4  or such organization as the commission designates, in a

 5  computer-readable form compatible with the electronic

 6  data-processing system specified by the commission. The branch

 7  office application must include the name and license number of

 8  the licensee under ss. 494.006-494.0077, the name of the

 9  licensee's employee in charge of the branch office, and the

10  address of the branch office. The branch office license shall

11  be issued in the name of the licensee under ss.

12  494.006-494.0077 and must be renewed in conjunction with the

13  license renewal.

14         Section 21.  Section 494.0067, Florida Statutes, is

15  amended to read:

16         494.0067  Requirements of licensees under ss.

17  494.006-494.0077.--

18         (1)  Each license of a mortgage lender, correspondent

19  mortgage lender, or branch office shall be prominently

20  displayed in the office for which it is issued.

21         (1)(2)  Each licensee under ss. 494.006-494.0077 which

22  makes mortgage loans on real estate in this state shall

23  transact business from a principal place of business. Each

24  principal place of business and each branch office shall be

25  operated under the full charge, control, and supervision of

26  the licensee under ss. 494.006-494.0077.

27         (2)(3)  A license issued under ss. 494.006-494.0077 is

28  not transferable or assignable.

29         (3)  Each licensee under ss. 494.006-494.0077 shall

30  report, on a form prescribed by rule of the commission, any

31  change in the information contained in any initial application

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 1  form, or any amendment thereto, not later than 30 days after

 2  the change is effective.

 3         (4)  Each licensee under ss. 494.006-494.0077 shall

 4  report any changes in the partners, officers, members, joint

 5  venturers, directors, or control persons of any licensee or

 6  changes in the form of business organization by written

 7  amendment in such form and at such time that the commission

 8  specifies by rule.

 9         (a)  In any case in which a person or a group of

10  persons, directly or indirectly or acting by or through one or

11  more persons, proposes to purchase or acquire a controlling

12  interest in a licensee, such person or group must submit an

13  initial application for licensure as a mortgage lender or

14  correspondent mortgage lender before such purchase or

15  acquisition and at the time and in the form prescribed by the

16  commission by rule.

17         (b)  As used in this subsection, the term "controlling

18  interest" means possession of the power to direct or cause the

19  direction of the management or policies of a company whether

20  through ownership of securities, by contract, or otherwise.

21  Any person who directly or indirectly has the right to vote 25

22  percent or more of the voting securities of a company or who

23  is entitled to 25 percent or more of its profits is presumed

24  to possess a controlling interest.

25         (c)  Any addition of a designated principal

26  representative, partner, officer, member, joint venturer,

27  director, or control person of the applicant who does not have

28  a controlling interest and who has not previously complied

29  with the provisions of ss. 494.0061(2)(g) and 494.0061(2)(h),

30  ss. 494.0062(2)(g) and 494.0062(2)(h), or ss. 494.0065(5)(e)

31  and 494.0065(5)(f) shall be subject thereto unless required to

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 1  file an initial application in accordance with paragraph (a).

 2  If the office determines that the licensee does not continue

 3  to meet licensure requirements, the office may bring

 4  administrative action in accordance with s. 494.0072 to

 5  enforce the provisions of this section.

 6         (d)  The commission shall adopt rules providing for the

 7  waiver of the application required by this subsection if the

 8  person or group of persons proposing to purchase or acquire a

 9  controlling interest in a licensee has previously complied

10  with the provisions of ss. 494.0061(2)(g) and 494.0061(2)(h),

11  ss. 494.0062(2)(g) and 494.0062(2)(h), or ss. 494.0065(5)(e)

12  and 494.0065(5)(f) with the same legal entity or is currently

13  licensed with the office under this chapter.

14         (4)  The commission or office may require each licensee

15  under ss. 494.006-494.0077 to report any change of address of

16  the principal place of business, change of address of any

17  branch office, or change of principal officer, director, or

18  ultimate equitable owner of 10 percent or more of the licensed

19  corporation to the office in a form prescribed by rule of the

20  commission not later than 30 business days after the change is

21  effective.

22         (5)  Each licensee under ss. 494.006-494.0077 shall

23  report in a form prescribed by rule by the commission any

24  indictment, information, charge, conviction, plea of nolo

25  contendere, or plea of guilty to any crime or administrative

26  violation that involves fraud, dishonest dealing, or any other

27  act of moral turpitude, in any jurisdiction, by the licensee

28  under ss. 494.006-494.0077 or any principal officer, director,

29  or ultimate equitable owner of 10 percent or more of the

30  licensed corporation, not later than 30 business days after

31  

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 1  the indictment, information, charge, conviction, or final

 2  administrative action.

 3         (6)  Each licensee under ss. 494.006-494.0077 shall

 4  report any action in bankruptcy, voluntary or involuntary, to

 5  the office, not later than 7 business days after the action is

 6  instituted.

 7         (7)  Each licensee under ss. 494.006-494.0077 shall

 8  designate a registered agent in this state for service of

 9  process.

10         (8)  Each licensee under ss. 494.006-494.0077 shall

11  provide an applicant for a mortgage loan a good faith estimate

12  of the costs the applicant can reasonably expect to pay in

13  obtaining a mortgage loan. The good faith estimate of costs

14  shall be mailed or delivered to the applicant within a

15  reasonable time after the licensee receives a written loan

16  application from the applicant. The estimate of costs may be

17  provided to the applicant by a person other than the licensee

18  making the loan. The commission may adopt rules that set forth

19  the disclosure requirements of this section.

20         (9)  On or before April 30, 2000, each mortgage lender

21  or correspondent mortgage lender shall file an initial report

22  stating the full legal name, residential address, social

23  security number, date of birth, mortgage broker license

24  number, date of hire, and, if applicable, date of termination

25  for each person who acted as a loan originator or an associate

26  of the mortgage lender or correspondent mortgage lender during

27  the immediate preceding quarter. Thereafter, a mortgage lender

28  or correspondent mortgage lender shall file a report only if a

29  person became or ceased to be a loan originator or an

30  associate of the mortgage lender or correspondent mortgage

31  lender during the immediate preceding quarter. Such report

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 1  shall be filed within 30 days after the last day of each

 2  calendar quarter and shall contain the full legal name,

 3  residential address, social security number, date of birth,

 4  date of hire and, if applicable, the mortgage broker license

 5  number and date of termination of each person who became or

 6  ceased to be a loan originator or an associate of the mortgage

 7  lender or correspondent mortgage lender during the immediate

 8  preceding quarter. The commission shall prescribe, by rule,

 9  the procedures for filing reports required by this subsection.

10         (10)(a)  Each licensee shall require the principal

11  representative and all loan originators or associates who

12  perform services for the licensee to complete 14 hours of

13  professional continuing education during each biennial license

14  period. The education shall cover primary and subordinate

15  mortgage financing transactions and the provisions of this

16  chapter and the rules adopted under this chapter.

17         (b)  The licensee shall maintain records of such

18  training for a period of 4 years, including records of the

19  content of and hours designated for each program and the date

20  and location of the program.

21         (c)  Evidence of completion of such programs shall be

22  included with the licensee's renewal application.

23         Section 22.  Paragraphs (s), (t), and (u) are added to

24  subsection (2) and subsection (3) of section 494.0072, Florida

25  Statutes, is amended, to read:

26         494.0072  Administrative penalties and fines; license

27  violations.--

28         (2)  Each of the following acts constitutes a ground

29  for which the disciplinary actions specified in subsection (1)

30  may be taken:

31  

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 1         (s)  Payment to the office for a license or permit with

 2  a check or electronic transmission of funds that is dishonored

 3  by the applicant's or licensee's financial institution.

 4         (t)  Having a final judgment entered against her or him

 5  in a civil action upon grounds of fraud, embezzlement,

 6  misrepresentation, or deceit.

 7         (u)1.  Having been the subject of any decision,

 8  finding, injunction, suspension, prohibition, revocation,

 9  denial, judgment, or administrative order by any court of

10  competent jurisdiction, administrative law judge, state or

11  federal agency, national securities exchange, national

12  commodities exchange, national option exchange, national

13  securities association, national commodities association, or

14  national option association involving a violation of any

15  federal or state securities or commodities law, or any rule or

16  regulation adopted thereunder, or involving a violation of any

17  rule or regulation of any national securities, commodities, or

18  options exchange or national securities, commodities, or

19  options association.

20         2.  Having been the subject of any injunction or

21  adverse administrative order by a state or federal agency

22  regulating banking, insurance, finance or small loan

23  companies, real estate, mortgage brokers or lenders, money

24  transmitters, or other related or similar industries.

25         (3)  A mortgage lender or correspondent mortgage lender

26  is subject to the disciplinary actions specified in subsection

27  (1) if any officer, member, director, control person, joint

28  venturer, or ultimate equitable owner of a 10-percent or

29  greater interest in the mortgage lender or correspondent

30  mortgage lender, associate, or employee of the mortgage lender

31  

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 1  or correspondent mortgage lender violates any provision of

 2  subsection (2).

 3         Section 23.  Subsection (2) of section 494.00721,

 4  Florida Statutes, is amended to read:

 5         494.00721  Net worth.--

 6         (2)  If a mortgage lender or correspondent mortgage

 7  lender fails to satisfy the net worth requirements, the

 8  mortgage lender or correspondent mortgage lender shall

 9  immediately cease taking any new mortgage loan applications.

10  Thereafter, the mortgage lender or correspondent mortgage

11  lender shall have up to 60 days within which to satisfy the

12  net worth requirements. If the licensee makes the office

13  aware, prior to an examination, that the licensee no longer

14  meets the net worth requirements, the mortgage lender or

15  correspondent mortgage lender shall have 120 days within which

16  to satisfy the net worth requirements. A mortgage lender or

17  correspondent mortgage lender shall not resume acting as a

18  mortgage lender or correspondent mortgage lender without

19  written authorization from the office, which authorization

20  shall be granted if the mortgage lender or correspondent

21  mortgage lender provides the office with documentation which

22  satisfies the requirements of s. 494.0061(2)(c), s.

23  494.0062(2)(c) s. 494.0061(1)(c), s. 494.0062(1)(c), or s.

24  494.0065(2), whichever is applicable.

25         Section 24.  Paragraph (c) of subsection (3) of section

26  501.137, Florida Statutes, is amended to read:

27         501.137  Mortgage lenders; tax and insurance payments

28  from escrow accounts; duties.--

29         (3)

30         (c)  If the lender violates paragraph (a) and the

31  premium payment is more than 90 days overdue or if the insurer

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 1  refuses to reinstate the insurance policy, the lender shall

 2  pay the difference between the cost of the previous insurance

 3  policy and a new, comparable insurance policy for a period of

 4  2 years. If the lender refuses, the lender is liable for the

 5  reasonable attorney's fees and costs of the property owner for

 6  a violation of this section.

 7         Section 25.  Subsection (8) is added to section 516.01,

 8  Florida Statutes, to read:

 9         516.01  Definitions.--As used in this chapter, the

10  term:

11         (8)  "Control person" means an individual, partnership,

12  corporation, trust, or other organization that possesses the

13  power, directly or indirectly, to direct the management or

14  policies of a company, whether through ownership of

15  securities, by contract, or otherwise. A person is presumed to

16  control a company if, with respect to a particular company,

17  that person:

18         (a)  Is a director, general partner, or officer

19  exercising executive responsibility or having similar status

20  or functions;

21         (b)  Directly or indirectly has the right to vote 10

22  percent or more of a class of a voting security or has the

23  power to sell or direct the sale of 10 percent or more of a

24  class of voting securities; or

25         (c)  In the case of a partnership, has the right to

26  receive upon dissolution, or has contributed, 10 percent or

27  more of the capital.

28         Section 26.  Section 516.03, Florida Statutes, is

29  amended to read:

30         516.03  Application for license; fees; etc.--

31  

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 1         (1)  APPLICATION.--Application for a license to make

 2  loans under this chapter shall be in the form prescribed by

 3  rule of the commission. The commission may require each

 4  applicant to provide any information reasonably necessary to

 5  determine the applicant's eligibility for licensure. The

 6  applicant shall also provide information that the office

 7  requires concerning any officer, director, control person,

 8  member, partner, or joint venturer of the applicant or any

 9  person having the same or substantially similar status or

10  performing substantially similar functions, or concerning any

11  individual who is the ultimate equitable owner of a 10-percent

12  or greater interest in the applicant. The office may require

13  information concerning any such applicant or person, including

14  his or her full name and any other names by which he or she

15  may have been known, age, social security number, residential

16  history, qualifications, educational and business history, and

17  disciplinary and criminal history. The applicant must provide

18  evidence of liquid assets of at least $25,000. , and shall

19  contain the name, residence and business addresses of the

20  applicant and, if the applicant is a copartnership or

21  association, of every member thereof and, if a corporation, of

22  each officer and director thereof, also the county and

23  municipality with the street and number or approximate

24  location where the business is to be conducted, and such

25  further relevant information as the commission or office may

26  require. At the time of making such application the applicant

27  shall pay to the office a nonrefundable biennial license fee

28  of $625. Applications, except for applications to renew or

29  reactivate a license, must also be accompanied by a

30  nonrefundable an investigation fee of $200. An application is

31  considered received for purposes of s. 120.60 upon receipt of

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 1  a completed application form as prescribed by commission rule,

 2  a nonrefundable application fee of $625, and any other fee

 3  prescribed by law. The commission may adopt rules to require

 4  allow electronic submission of any form, document, or fee

 5  required by this act if such rules reasonably accommodate

 6  technological or financial hardship. The commission may

 7  prescribe by rule requirements and procedures for obtaining an

 8  exemption due to a technological or financial hardship.

 9         (2)  FEES.--Fees herein provided for in this section

10  shall be collected by the office and shall be turned into the

11  State Treasury to the credit of the regulatory trust fund

12  under the office.  The office shall have full power to employ

13  such examiners or clerks to assist the office as may from time

14  to time be deemed necessary and fix their compensation. The

15  commission may adopt rules to require allow electronic

16  submission of any fee required by this section if such rules

17  reasonably accommodate technological or financial hardship.

18  The commission may prescribe by rule requirements and

19  procedures for obtaining an exemption due to a technological

20  or financial hardship.

21         Section 27.  Paragraph (a) of subsection (3) of section

22  516.031, Florida Statutes, is amended to read:

23         516.031  Finance charge; maximum rates.--

24         (3)  OTHER CHARGES.--

25         (a)  In addition to the interest, delinquency, and

26  insurance charges herein provided for, no further or other

27  charges or amount whatsoever for any examination, service,

28  commission, or other thing or otherwise shall be directly or

29  indirectly charged, contracted for, or received as a condition

30  to the grant of a loan, except:

31  

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 1         1.  An amount not to exceed $25 $10 to reimburse a

 2  portion of the costs for investigating the character and

 3  credit of the person applying for the loan;

 4         2.  An annual fee of $25 on the anniversary date of

 5  each line-of-credit account;

 6         3.  Charges paid for brokerage fee on a loan or line of

 7  credit of more than $10,000, title insurance, and the

 8  appraisal of real property offered as security when paid to a

 9  third party and supported by an actual expenditure;

10         4.  Intangible personal property tax on the loan note

11  or obligation when secured by a lien on real property;

12         5.  The documentary excise tax and lawful fees, if any,

13  actually and necessarily paid out by the licensee to any

14  public officer for filing, recording, or releasing in any

15  public office any instrument securing the loan, which fees may

16  be collected when the loan is made or at any time thereafter;

17         6.  The premium payable for any insurance in lieu of

18  perfecting any security interest otherwise required by the

19  licensee in connection with the loan, if the premium does not

20  exceed the fees which would otherwise be payable, which

21  premium may be collected when the loan is made or at any time

22  thereafter;

23         7.  Actual and reasonable attorney's fees and court

24  costs as determined by the court in which suit is filed;

25         8.  Actual and commercially reasonable expenses of

26  repossession, storing, repairing and placing in condition for

27  sale, and selling of any property pledged as security; or

28         9.  A delinquency charge not to exceed $10 for each

29  payment in default for a period of not less than 10 days, if

30  the charge is agreed upon, in writing, between the parties

31  before imposing the charge.

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 1  

 2  Any charges, including interest, in excess of the combined

 3  total of all charges authorized and permitted by this chapter

 4  constitute a violation of chapter 687 governing interest and

 5  usury, and the penalties of that chapter apply. In the event

 6  of a bona fide error, the licensee shall refund or credit the

 7  borrower with the amount of the overcharge immediately but

 8  within 20 days from the discovery of such error.

 9         Section 28.  Section 516.05, Florida Statutes, is

10  amended to read:

11         516.05  License.--

12         (1)  Upon the filing of an application for a license

13  and payment of all applicable fees, the office shall, unless

14  the application is to renew or reactivate an existing license,

15  make an investigation of the facts concerning the applicant's

16  background proposed activities. If the office determines that

17  a license should be granted, it shall issue the license for a

18  period not to exceed 2 years. Biennial licensure periods and

19  procedures for renewal of licenses shall be established by the

20  rule of the commission. If the office determines that grounds

21  exist under this chapter for denial of an application other

22  than an application to renew a license, it shall deny such

23  application, return to the applicant the sum paid as a license

24  fee, and retain the investigation fee.

25         (2)  A license that is not renewed at the end of the

26  biennium established by the commission shall automatically

27  revert to inactive status. An inactive license may be

28  reactivated upon submission of a completed reactivation

29  application, payment of the biennial license fee, and payment

30  of a reactivation fee which shall equal the biennial license

31  

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 1  fee. A license expires on the date at which it has been

 2  inactive for 6 months.

 3         (3)  Only one place of business for the purpose of

 4  making loans under this chapter may be maintained under one

 5  license, but the office may issue additional licenses to a

 6  licensee upon compliance with all the provisions of this

 7  chapter governing issuance of a single license.

 8         (4)  Each licensee shall report, on a form prescribed

 9  by rule of the commission, any change to the information

10  contained in any initial application form, or any amendment

11  thereto, not later than 30 days after the change is effective.

12         (5)  Each licensee shall report any changes in the

13  partners, officers, members, joint venturers, directors, or

14  control persons of any licensee, or changes in the form of

15  business organization, by written amendment in such form and

16  at such time as the commission specifies by rule.

17         (a)  In any case in which a person or a group of

18  persons, directly or indirectly or acting by or through one or

19  more persons, proposes to purchase or acquire a controlling

20  interest in a licensee, such person or group must submit an

21  initial application for licensure before such purchase or

22  acquisition at such time and in such form as the commission

23  prescribes by rule.

24         (b)  As used in this subsection, the term "controlling

25  interest" means possession of the power to direct or cause the

26  direction of the management or policies of a company whether

27  through ownership of securities, by contract, or otherwise.

28  Any person who directly or indirectly has the right to vote 25

29  percent or more of the voting securities of a company or is

30  entitled to 25 percent or more of its profits is presumed to

31  possess a controlling interest.

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 1         (c)  Any addition of a partner, officer, member, joint

 2  venturer, director, or control person of the applicant who

 3  does not have a controlling interest and who has not

 4  previously complied with the provisions of s. 516.03(1) shall

 5  be subject thereto unless required to file an initial

 6  application in accordance with paragraph (a). If the office

 7  determines that the licensee does not continue to meet

 8  licensure requirements, the office may bring administrative

 9  action in accordance with s. 516.07 to enforce the provisions

10  of this chapter.

11         (d)  The commission shall adopt rules providing for the

12  waiver of the application required by this subsection if the

13  person or group of persons proposing to purchase or acquire a

14  controlling interest in a licensee has previously complied

15  with the provisions of s. 516.03(1) with the same legal entity

16  or is currently licensed with the office under this chapter.

17         (4)  Prior to relocating his or her place of business,

18  a licensee must file with the office, in the manner prescribed

19  by commission rule, notice of the relocation.

20         (6)(5)  A licensee may conduct the business of making

21  loans under this chapter within a place of business in which

22  other business is solicited or engaged in, unless the office

23  shall find that the conduct of such other business by the

24  licensee results in an evasion of this chapter. Upon such

25  finding, the office shall order the licensee to desist from

26  such evasion; provided, however, that no license shall be

27  granted to or renewed for any person or organization engaged

28  in the pawnbroker business.

29         (6)  If any person purchases substantially all of the

30  assets of any existing licensed place of business, the

31  purchaser shall give immediate notice thereof to the office

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 1  and shall be granted a 90-day temporary license for the place

 2  of business within 10 days after the office's receipt of an

 3  application for a permanent license. Issuance of a temporary

 4  license for a place of business nullifies the existing license

 5  for the place of business, and the temporary licensee is

 6  subject to any disciplinary action provided for by this

 7  chapter.

 8         (7)  Licenses are not transferable or assignable. A

 9  licensee may invalidate any license by delivering it to the

10  office with a written notice of the delivery, but such

11  delivery does not affect any civil or criminal liability or

12  the authority to enforce this chapter for acts committed in

13  violation thereof.

14         (8)  The office may refuse to process an initial

15  application for a license if the applicant or any person with

16  power to direct the management or policies of the applicant's

17  business is the subject of a pending criminal prosecution in

18  any jurisdiction until conclusion of such criminal

19  prosecution.

20         (9)  A licensee that is the subject of a voluntary or

21  involuntary bankruptcy filing must report such filing to the

22  office within 7 business days after the filing date.

23         Section 29.  Subsection (1) of section 516.07, Florida

24  Statutes, is amended to read:

25         516.07  Grounds for denial of license or for

26  disciplinary action.--

27         (1)  The following acts are violations of this chapter

28  and constitute grounds for denial of an application for a

29  license to make consumer finance loans and grounds for any of

30  the disciplinary actions specified in subsection (2):

31  

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 1         (a)  A material misstatement of fact in an application

 2  for a license.;

 3         (b)  Failure to maintain liquid assets of at least

 4  $25,000 at all times for the operation of business at a

 5  licensed location or proposed location.;

 6         (c)  Failure to demonstrate financial responsibility,

 7  experience, character, or general fitness, such as to command

 8  the confidence of the public and to warrant the belief that

 9  the business operated at the licensed or proposed location is

10  lawful, honest, fair, efficient, and within the purposes of

11  this chapter.;

12         (d)  The violation, either knowingly or without the

13  exercise of due care, of any provision of this chapter, any

14  rule or order adopted under this chapter, or any written

15  agreement entered into with the office.;

16         (e)  Any act of fraud, misrepresentation, or deceit,

17  regardless of reliance by or damage to a borrower, or any

18  illegal activity, where such acts are in connection with a

19  loan under this chapter.  Such acts include, but are not

20  limited to:

21         1.  Willful imposition of illegal or excessive charges;

22  or

23         2.  Misrepresentation, circumvention, or concealment of

24  any matter required to be stated or furnished to a borrower.;

25         (f)  The use of unreasonable collection practices or of

26  false, deceptive, or misleading advertising, where such acts

27  are in connection with the operation of a business to make

28  consumer finance loans.;

29         (g)  Any violation of part III of chapter 817 or part

30  II of chapter 559 or of any rule adopted under part II of

31  chapter 559.;

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 1         (h)  Failure to maintain, preserve, and keep available

 2  for examination, all books, accounts, or other documents

 3  required by this chapter, by any rule or order adopted under

 4  this chapter, or by any agreement entered into with the

 5  office.;

 6         (i)  Refusal to permit inspection of books and records

 7  in an investigation or examination by the office or refusal to

 8  comply with a subpoena issued by the office.;

 9         (j)  Pleading nolo contendere to, or having been

10  convicted or found guilty of, a crime involving fraud,

11  dishonest dealing, or any act of moral turpitude, regardless

12  of whether adjudication is withheld.;

13         (k)  Paying money or anything else of value, directly

14  or indirectly, to any person as compensation, inducement, or

15  reward for referring loan applicants to a licensee.;

16         (l)  Allowing any person other than the licensee to use

17  the licensee's business name, address, or telephone number in

18  an advertisement.;

19         (m)  Accepting or advertising that the licensee accepts

20  money on deposit or as consideration for the issuance or

21  delivery of certificates of deposit, savings certificates, or

22  similar instruments, except to the extent permitted under

23  chapter 517.; or

24         (n)  Failure to pay any fee, charge, or fine imposed or

25  assessed pursuant to this chapter or any rule adopted under

26  this chapter.

27         (o)  Using the name or logo of a financial institution,

28  as defined in s. 655.005(1), or its affiliates or subsidiaries

29  when marketing or soliciting existing or prospective customers

30  if such marketing materials are used without the written

31  consent of the financial institution and in a manner that

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 1  would lead a reasonable person to believe that the material or

 2  solicitation originated from, was endorsed by, or is related

 3  to or the responsibility of the financial institution or its

 4  affiliates or subsidiaries.

 5         (p)  Payment to the office for a license or permit with

 6  a check or electronic transmission of funds which is

 7  dishonored by the applicant's or licensee's financial

 8  institution.

 9         Section 30.  Section 516.08, Florida Statutes, is

10  repealed.

11         Section 31.  Subsection (3) is added to section 516.12,

12  Florida Statutes, to read:

13         516.12  Records to be kept by licensee.--

14         (3)  The commission may prescribe by rule the minimum

15  information to be shown in the books, accounts, records, and

16  documents of licensees for purposes of enabling the office to

17  determine the licensee's compliance with ss. 516.001-516.36.

18  In addition, the commission may prescribe by rule the

19  requirements for the destruction of books, accounts, records,

20  and documents retained by the licensee after completion of the

21  time period specified in subsection (1).

22         Section 32.  Subsection (4) of section 517.021, Florida

23  Statutes, is amended to read:

24         517.021  Definitions.--When used in this chapter,

25  unless the context otherwise indicates, the following terms

26  have the following respective meanings:

27         (4)  "Branch office" means any location in this state

28  of a dealer or investment adviser where one or more associated

29  persons regularly conduct the business of rendering investment

30  advice or effecting any transactions in, or inducing or

31  attempting to induce the purchase or sale of, any security, or

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 1  which is held out as such. The commission may adopt by rule

 2  exceptions to this definition in order to maintain consistency

 3  with the definition of a branch office used by self-regulatory

 4  organizations authorized by the Securities and Exchange

 5  Commission, including, but not limited to, the National

 6  Association of Securities Dealers or the New York Stock

 7  Exchange. office of a dealer or investment adviser located in

 8  this state, other than the principal office of the dealer or

 9  investment adviser, which nonprincipal office is owned or

10  controlled by the dealer or investment adviser for the purpose

11  of conducting a securities business.

12         Section 33.  Subsection (9) of section 517.051, Florida

13  Statutes, is amended to read:

14         517.051  Exempt securities.--The exemptions provided

15  herein from the registration requirements of s. 517.07 are

16  self-executing and do not require any filing with the office

17  prior to claiming such exemption. Any person who claims

18  entitlement to any of these exemptions bears the burden of

19  proving such entitlement in any proceeding brought under this

20  chapter. The registration provisions of s. 517.07 do not apply

21  to any of the following securities:

22         (9)  A security issued by a corporation organized and

23  operated exclusively for religious, educational, benevolent,

24  fraternal, charitable, or reformatory purposes and not for

25  pecuniary profit, no part of the net earnings of which

26  corporation inures to the benefit of any private stockholder

27  or individual, or any security of a fund that is excluded from

28  the definition of an investment company under s. 3(c)(10)(B)

29  of the Investment Company Act of 1940; provided that no person

30  shall directly or indirectly offer or sell securities under

31  this subsection except by an offering circular containing full

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 1  and fair disclosure, as prescribed by the rules of the

 2  commission, of all material information, including, but not

 3  limited to, a description of the securities offered and terms

 4  of the offering, a description of the nature of the issuer's

 5  business, a statement of the purpose of the offering and the

 6  intended application by the issuer of the proceeds thereof,

 7  and financial statements of the issuer prepared in conformance

 8  with United States generally accepted accounting principles.

 9  Section 6(c) of the Philanthropy Protection Act of 1995, Pub.

10  L. No. 104-62, shall not preempt any provision of this

11  chapter.

12         Section 34.  Subsection (18) of section 517.061,

13  Florida Statutes, is amended to read:

14         517.061  Exempt transactions.--The exemption for each

15  transaction listed below is self-executing and does not

16  require any filing with the office prior to claiming such

17  exemption.  Any person who claims entitlement to any of the

18  exemptions bears the burden of proving such entitlement in any

19  proceeding brought under this chapter.  The registration

20  provisions of s. 517.07 do not apply to any of the following

21  transactions; however, such transactions are subject to the

22  provisions of ss. 517.301, 517.311, and 517.312:

23         (18)  The offer or sale of any security effected by or

24  through a person in compliance with registered pursuant to s.

25  517.12(17).

26         Section 35.  Paragraph (g) of subsection (3) of section

27  517.081, Florida Statutes, is amended to read:

28         517.081  Registration procedure.--

29         (3)  The office may require the applicant to submit to

30  the office the following information concerning the issuer and

31  such other relevant information as the office may in its

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 1  judgment deem necessary to enable it to ascertain whether such

 2  securities shall be registered pursuant to the provisions of

 3  this section:

 4         (g)1.  A specimen copy of the security and a copy of

 5  any circular, prospectus, advertisement, or other description

 6  of such securities.

 7         2.  The commission shall adopt a form for a simplified

 8  offering circular to be used solely by corporations to

 9  register, under this section, securities of the corporation

10  that are sold in offerings in which the aggregate offering

11  price in any consecutive 12-month period does not exceed the

12  amount provided in s. 3(b) of the Securities Act of 1933.  The

13  following issuers shall not be eligible to submit a simplified

14  offering circular adopted pursuant to this subparagraph:

15         a.  An issuer seeking to register securities for resale

16  by persons other than the issuer.

17         b.  An issuer who is subject to any of the

18  disqualifications described in 17 C.F.R. s. 230.262, adopted

19  pursuant to the Securities Act of 1933, or who has been or is

20  engaged or is about to engage in an activity that would be

21  grounds for denial, revocation, or suspension under s.

22  517.111. For purposes of this subparagraph, an issuer includes

23  an issuer's director, officer, shareholder who owns at least

24  10 percent of the shares of the issuer, promoter, or selling

25  agent of the securities to be offered or any officer,

26  director, or partner of such selling agent.

27         c.  An issuer who is a development-stage company that

28  either has no specific business plan or purpose or has

29  indicated that its business plan is to merge with an

30  unidentified company or companies.

31  

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 1         d.  An issuer of offerings in which the specific

 2  business or properties cannot be described.

 3         e.  Any issuer the office determines is ineligible if

 4  the form would not provide full and fair disclosure of

 5  material information for the type of offering to be registered

 6  by the issuer.

 7         f.  Any corporation which has failed to provide the

 8  office the reports required for a previous offering registered

 9  pursuant to this subparagraph.

10  

11  As a condition precedent to qualifying for use of the

12  simplified offering circular, a corporation shall agree to

13  provide the office with an annual financial report containing

14  a balance sheet as of the end of the issuer's fiscal year and

15  a statement of income for such year, prepared in accordance

16  with United States generally accepted accounting principles

17  and accompanied by an independent accountant's report.  If the

18  issuer has more than 100 security holders at the end of a

19  fiscal year, the financial statements must be audited. Annual

20  financial reports must be filed with the office within 90 days

21  after the close of the issuer's fiscal year for each of the

22  first 5 years following the effective date of the

23  registration.

24         Section 36.  Subsections (6), (7), (10), (11), (15),

25  and (17) of section 517.12, Florida Statutes, are amended to

26  read:

27         517.12  Registration of dealers, associated persons,

28  investment advisers, and branch offices.--

29         (6)  A dealer, associated person, investment adviser,

30  or branch office, in order to obtain registration, must file

31  with the office a written application, on a form which the

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 1  commission may by rule prescribe, verified under oath. The

 2  commission may establish, by rule, procedures for depositing

 3  fees and filing documents by electronic means provided such

 4  procedures provide the office with the information and data

 5  required by this section. Each dealer or investment adviser

 6  must also file an irrevocable written consent to service of

 7  civil process similar to that provided for in s. 517.101.  The

 8  application shall contain such information as the commission

 9  or office may require concerning such matters as:

10         (a)  The name of the applicant and the address of its

11  principal office and each office in this state.

12         (b)  The applicant's form and place of organization;

13  and, if the applicant is a corporation, a copy of its articles

14  of incorporation and amendments to the articles of

15  incorporation or, if a partnership, a copy of the partnership

16  agreement.

17         (c)  The applicant's proposed method of doing business

18  and financial condition and history, including a certified

19  financial statement showing all assets and all liabilities,

20  including contingent liabilities of the applicant as of a date

21  not more than 90 days prior to the filing of the application.

22         (d)  The names and addresses of all associated persons

23  of the applicant to be employed in this state and the offices

24  to which they will be assigned.

25         (7)  The application shall also contain such

26  information as the commission or office may require about the

27  applicant; any partner, officer, or director of the applicant

28  or any person having a similar status or performing similar

29  functions; any person directly or indirectly controlling the

30  applicant; or any employee of a dealer or of an investment

31  adviser rendering investment advisory services.  Each

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 1  applicant shall file a complete set of fingerprints. A

 2  fingerprint card submitted to the office must be taken by an

 3  authorized law enforcement agency officer. The office shall

 4  submit the Such fingerprints shall be submitted to the

 5  Department of Law Enforcement for state processing and the

 6  Department of Law Enforcement shall forward the fingerprints

 7  to or the Federal Bureau of Investigation for state and

 8  federal processing. The cost of the fingerprint processing may

 9  be borne by the office, the employer, or the person subject to

10  the background check. The Department of Law Enforcement shall

11  submit an invoice to the office for the fingerprints received

12  each month. The office shall screen the background results to

13  determine if the applicant meets licensure requirements. The

14  commission may waive, by rule, the requirement that applicants

15  must file a set of fingerprints or the requirement that such

16  fingerprints must be processed by the Department of Law

17  Enforcement or the Federal Bureau of Investigation.  The

18  commission or office may require information about any such

19  applicant or person concerning such matters as:

20         (a)  His or her full name, and any other names by which

21  he or she may have been known, and his or her age, social

22  security number, photograph, qualifications, and educational

23  and business history.

24         (b)  Any injunction or administrative order by a state

25  or federal agency, national securities exchange, or national

26  securities association involving a security or any aspect of

27  the securities business and any injunction or administrative

28  order by a state or federal agency regulating banking,

29  insurance, finance, or small loan companies, real estate,

30  mortgage brokers, or other related or similar industries,

31  

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 1  which injunctions or administrative orders relate to such

 2  person.

 3         (c)  His or her conviction of, or plea of nolo

 4  contendere to, a criminal offense or his or her commission of

 5  any acts which would be grounds for refusal of an application

 6  under s. 517.161.

 7         (d)  The names and addresses of other persons of whom

 8  the office may inquire as to his or her character, reputation,

 9  and financial responsibility.

10         (10)  An applicant for registration shall pay an

11  assessment fee of $200, in the case of a dealer or investment

12  adviser, or $40, in the case of an associated person.  The

13  assessment fee of an associated person shall be reduced to

14  $30, but only after the office determines, by final order,

15  that sufficient funds have been allocated to the Securities

16  Guaranty Fund pursuant to s. 517.1203 to satisfy all valid

17  claims filed in accordance with s. 517.1203(2) and after all

18  amounts payable under any service contract entered into by the

19  office pursuant to s. 517.1204, and all notes, bonds,

20  certificates of indebtedness, other obligations, or evidences

21  of indebtedness secured by such notes, bonds, certificates of

22  indebtedness, or other obligations, have been paid or

23  provision has been made for the payment of such amounts,

24  notes, bonds, certificates of indebtedness, other obligations,

25  or evidences of indebtedness. An associated person may not

26  having current fingerprint cards filed with the National

27  Association of Securities Dealers or a national securities

28  exchange registered with the Securities and Exchange

29  Commission shall be assessed an additional fee to cover the

30  cost for the said fingerprint cards to be processed by the

31  office. Such fee shall be determined by rule of the

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 1  commission. Each dealer and each investment adviser shall pay

 2  an assessment fee of $100 for each office in this state,

 3  except its designated principal office. Such fees become the

 4  revenue of the state, except for those assessments provided

 5  for under s. 517.131(1) until such time as the Securities

 6  Guaranty Fund satisfies the statutory limits, and are not

 7  returnable in the event that registration is withdrawn or not

 8  granted.

 9         (11)  If the office finds that the applicant is of good

10  repute and character and has complied with the provisions of

11  this chapter and the rules made pursuant hereto, it shall

12  register the applicant. The registration of each dealer,

13  investment adviser, branch office, and associated person

14  expires will expire on December 31 of the year the

15  registration became effective unless the registrant has

16  renewed his or her registration on or before that date. The

17  commission may establish by rule the initial year in which

18  renewals for branch offices shall be processed through the

19  Central Registration Depository, and the registration of each

20  branch office will expire on March 31, of the year in which it

21  became effective unless the registrant has renewed its

22  registration on or before that date. Registration may be

23  renewed by furnishing such information as the commission may

24  require, together with payment of the fee required in

25  subsection (10) for dealers, investment advisers, associated

26  persons, or branch offices and the payment of any amount

27  lawfully due and owing to the office pursuant to any order of

28  the office or pursuant to any agreement with the office.  Any

29  dealer, investment adviser, or associated person registrant

30  who has not renewed a registration by the time the current

31  registration expires may request reinstatement of such

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 1  registration by filing with the office, on or before January

 2  31 of the year following the year of expiration, such

 3  information as may be required by the commission, together

 4  with payment of the fee required in subsection (10) for

 5  dealers, investment advisers, or associated persons and a late

 6  fee equal to the amount of such fee.  Any reinstatement of

 7  registration granted by the office during the month of January

 8  shall be deemed effective retroactive to January 1 of that

 9  year.

10         (15)  (a)  In order to facilitate uniformity and

11  streamline procedures for persons who are subject to

12  registration in multiple jurisdictions, the commission may

13  adopt by rule uniform forms that have been approved by the

14  Securities and Exchange Commission, and any subsequent

15  amendments to such forms, if the forms are substantially

16  consistent with the provisions of this chapter. Uniform forms

17  that the commission may adopt to administer this section

18  include, but are not limited to:

19         1.  Form BR, Uniform Branch Office Registration Form,

20  adopted October 2005.

21         2.  Form U4, Uniform Application for Securities

22  Industry Registration or Transfer, adopted October 2005.

23         3.  Form U5, Uniform Termination Notice for Securities

24  Industry Registration, adopted October 2005.

25         4.  Form ADV, Uniform Application for Investment

26  Adviser Registration, adopted October 2003.

27         5.  Form ADV-W, Notice of Withdrawal from Registration

28  as an Investment Adviser, adopted October 2003.

29         6.  Form BD, Uniform Application for Broker-Dealer

30  Registration, adopted July 1999.

31  

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 1         7.  Form BDW, Uniform Request for Broker-Dealer

 2  Withdrawal, adopted August 1999.

 3         (b)  In lieu of filing with the office the applications

 4  specified in subsection (6), the fees required by subsection

 5  (10), renewals required under subsection (11), and the

 6  termination notices required by subsection (12), the

 7  commission may by rule establish procedures for the deposit of

 8  such fees and documents with the Central Registration

 9  Depository or the Investment Adviser Registration Depository

10  of the National Association of Securities Dealers, Inc., as

11  developed under contract with the North American Securities

12  Administrators Association, Inc.; provided, however, that such

13  procedures shall provide the office with the information and

14  data as required by this section.

15         (17)(a)  A dealer that is located in Canada, does not

16  have an and has no office or other physical presence in this

17  state, and has made a notice filing in accordance with this

18  subsection is exempt from the registration requirements of

19  this section and may, provided the dealer is registered in

20  accordance with this section, effect transactions in

21  securities with or for, or induce or attempt to induce the

22  purchase or sale of any security by:

23         1.  A person from Canada who is present temporarily

24  resides in this state and with whom the Canadian dealer had a

25  bona fide dealer-client relationship before the person entered

26  the United States; or

27         2.  A person from Canada who is present in a resident

28  of this state, and whose transactions are in a self-directed,

29  tax-advantaged tax advantage retirement plan in Canada of

30  which the person is the holder or contributor.

31  

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 1         (b)  A notice filing under this subsection must consist

 2  of documents that the commission by rule requires to be filed,

 3  together with a consent to service of process and a

 4  nonrefundable filing fee of $200. The commission may establish

 5  by rule procedures for the deposit of fees and the filing of

 6  documents to be made by electronic means, if such procedures

 7  provide the office with the information and data required by

 8  this section.

 9         (c)  A Canadian dealer may make a notice filing under

10  this subsection if such dealer provides to the office:

11         1.  A notice filing in the form that the commission by

12  rule requires.

13         2.  A consent to service of process.

14         3.  Evidence that the Canadian dealer is registered as

15  a dealer in the jurisdiction in which its main office is

16  located.

17         4.  Evidence that the Canadian dealer is a member of a

18  self-regulatory organization or stock exchange in Canada.

19         (d)  The office may issue a permit to evidence the

20  effectiveness of a notice filing for a Canadian dealer.

21         (e)  A notice filing is effective upon receipt. A

22  notice filing expires on December 31 of the year in which the

23  filing becomes effective unless the Canadian dealer has

24  renewed the filing on or before that date. A Canadian dealer

25  may annually renew a notice filing by furnishing to the office

26  such information as the office requires together with a

27  renewal fee of $200 and the payment of any amount due and

28  owing the office pursuant to any agreement with the office.

29  Any Canadian dealer who has not renewed a notice filing by the

30  time a current notice filing expires may request reinstatement

31  of such notice filing by filing with the office, on or before

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 1  January 31 of the year following the year the notice filing

 2  expires, such information as the commission requires, by rule,

 3  together with the payment of $200 and a late fee of $200. Any

 4  reinstatement of a notice filing granted by the office during

 5  the month of January is effective retroactively to January 1

 6  of that year.

 7         (f)  An associated person who represents a Canadian

 8  dealer who has made a notice filing under this subsection is

 9  exempt from the registration requirements of this section and

10  may effect transactions in securities in this state as

11  permitted for a dealer under paragraph (a) if such person is

12  registered in the jurisdiction from which he or she is

13  effecting transactions into this state.

14         (g)  A Canadian dealer who has made a notice of filing

15  under this subsection shall:

16         1.  Maintain its provincial or territorial registration

17  and its membership in a self-regulatory organization or stock

18  exchange in good standing.

19         2.  Provide the office upon request with its books and

20  records relating to its business in this state as a dealer.

21         3.  Provide the office upon request notice of each

22  civil, criminal, or administrative action initiated against

23  the dealer.

24         4.  Disclose to its clients in this state that the

25  dealer and its associated persons are not subject to the full

26  regulatory requirements under this chapter.

27         5.  Correct any inaccurate information within 30 days

28  after the information contained in the notice of filing

29  becomes inaccurate for any reason.

30  

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 1         (h)  An associated person representing a Canadian

 2  dealer who has made a notice of filing under this subsection

 3  shall:

 4         1.  Maintain provincial or territorial registration in

 5  good standing.

 6         2.  Provide the office upon request with notice of each

 7  civil, criminal, or administrative action initiated against

 8  such person.

 9         (i)  A notice filing may be terminated by filing notice

10  of such termination with the office. Unless another date is

11  specified by the Canadian dealer, such notice is effective

12  upon its receipt by the office.

13         (j)  All fees collected under this subsection become

14  the revenue of the state, except for those assessments

15  provided for under s. 517.131(1), until the Securities

16  Guaranty Fund has satisfied the statutory limits, and these

17  fees are not returnable if a notice filing is withdrawn.

18         (b)  An associated person who represents a Canadian

19  dealer registered under this section may, provided the agent

20  is registered in accordance with this section, effect

21  transactions in securities in this state as permitted for a

22  dealer, under subsection (a).

23         (c)  A Canadian dealer may register under this section

24  provided that such dealer:

25         1.  Files an application in the form required by the

26  jurisdiction in which the dealer has a head office.

27         2.  Files a consent to service of process.

28         3.  Is registered as a dealer in good standing in the

29  jurisdiction from which it is effecting transactions into this

30  state and files evidence of such registration with the office.

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 1         4.  Is a member of a self-regulatory organization or

 2  stock exchange in Canada.

 3         (d)  An associated person who represents a Canadian

 4  dealer registered under this section in effecting transactions

 5  in securities in this state may register under this section

 6  provided that such person:

 7         1.  Files an application in the form required by the

 8  jurisdiction in which the dealer has its head office.

 9         2.  Is registered in good standing in the jurisdiction

10  from which he or she is effecting transactions into this state

11  and files evidence of such registration with the office.

12         (e)  If the office finds that the applicant is of good

13  repute and character and has complied with the provisions of

14  this chapter, the office shall register the applicant.

15         (f)  A Canadian dealer registered under this section

16  shall:

17         1.  Maintain its provincial or territorial registration

18  and its membership in a self-regulatory organization or stock

19  exchange in good standing.

20         2.  Provide the office upon request with its books and

21  records relating to its business in this state as a dealer.

22         3.  Provide the office notice of each civil, criminal,

23  or administrative action initiated against the dealer.

24         4.  Disclose to its clients in this state that the

25  dealer and its agents are not subject to the full regulatory

26  requirements under this chapter.

27         5.  Correct any inaccurate information within 30 days,

28  if the information contained in the application form becomes

29  inaccurate for any reason before or after the dealer becomes

30  registered.

31  

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 1         (g)  An associated person of a Canadian dealer

 2  registered under this section shall:

 3         1.  Maintain provincial or territorial registration in

 4  good standing.

 5         2.  Provide the office with notice of each civil,

 6  criminal, or administrative action initiated against such

 7  person.

 8         3.  Through the dealer, correct any inaccurate

 9  information within 30 days, if the information contained in

10  the application form becomes inaccurate for any reason before

11  or after the associated person becomes registered.

12         (h)  Renewal applications for Canadian dealers and

13  associated persons under this section must be filed before

14  December 31 each year.  Every applicant for registration or

15  renewal registration under this section shall pay the fee for

16  dealers and associated persons under this chapter.

17         Section 37.  Paragraphs (b) and (e) of subsection (3)

18  of section 517.131, Florida Statutes, are amended, and

19  subsection (5) is added to that section, to read:

20         517.131  Securities Guaranty Fund.--

21         (3)  Any person is eligible to seek recovery from the

22  Securities Guaranty Fund if:

23         (b)  Such person has made all reasonable searches and

24  inquiries to ascertain whether the judgment debtor possesses

25  real or personal property or other assets subject to being

26  sold or applied in satisfaction of the judgment, and by her or

27  his search the person has discovered no property or assets; or

28  she or he has discovered property and assets and has taken all

29  necessary action and proceedings for the application thereof

30  to the judgment, but the amount thereby realized was

31  insufficient to satisfy the judgment.  To verify compliance

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 1  with such condition, the office may require such person to

 2  have a writ of execution be issued upon such judgment, and may

 3  further require a showing that no personal or real property of

 4  the judgment debtor liable to be levied upon in complete

 5  satisfaction of the judgment can be found, or may require an

 6  affidavit from the claimant setting forth the reasonable

 7  searches and inquiries undertaken and the result of those

 8  searches and inquiries.

 9         (e)  The office waives compliance with the requirements

10  of paragraph (a) or paragraph (b). The office may waive such

11  compliance if the dealer, investment adviser, or associated

12  person which is the subject of the claim filed with the office

13  is the subject of any proceeding in which a receiver has been

14  appointed by a court of competent jurisdiction. If the office

15  waives such compliance, the office may, upon petition by the

16  claimant, the debtor, or the court-appointed trustee,

17  examiner, or receiver, distribute funds from the Securities

18  Guaranty Fund up to the amount allowed under s. 517.141. Any

19  waiver granted pursuant to this section shall be considered a

20  judgment for purposes of complying with the requirements of

21  this section and of s. 517.141.

22         (5)  The commission may by rule specify the procedures

23  for complying with subsections (2), (3), and (4), including

24  rules for the form of submission and guidelines for the

25  sufficiency and content of submissions of notices and claims.

26         Section 38.  Subsections (2) and (5) of section

27  517.141, Florida Statutes, are amended, and subsection (11) is

28  added to that section, to read:

29         517.141  Payment from the fund.--

30         (2)  Regardless of the number of claims or claimants

31  involved, payments for claims shall be limited in the

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 1  aggregate to $100,000 against any one dealer, investment

 2  adviser, or associated person. If the total claims exceed the

 3  aggregate limit of $100,000, the office shall prorate the

 4  payment based upon the ratio that the person's claim bears to

 5  the total claims filed.

 6         (5)  If the final judgment that which gave rise to the

 7  claim is overturned in any appeal or in any collateral

 8  proceeding, the claimant shall reimburse the fund all amounts

 9  paid from the fund to the claimant on the claim. If the

10  claimant satisfies the judgment referred to in s.

11  517.131(3)(a), the claimant shall reimburse the fund all

12  amounts paid from the fund to the claimant on the claim. Such

13  reimbursement shall be paid to the office within 60 days after

14  the final resolution of the appellate or collateral

15  proceedings or the satisfaction of judgment, with the 60-day

16  period commencing on the date the final order or decision is

17  entered in such proceedings.

18         (11)  The commission may by rule specify the procedures

19  for complying with this section, including rules for the form

20  of submission and guidelines for the sufficiency and content

21  of submissions of notices and claims.

22         Section 39.  Subsection (1) of section 517.161, Florida

23  Statutes, is amended to read:

24         517.161  Revocation, denial, or suspension of

25  registration of dealer, investment adviser, associated person,

26  or branch office.--

27         (1)  Registration under s. 517.12 may be denied or any

28  registration granted may be revoked, restricted, or suspended

29  by the office if the office determines that such applicant or

30  registrant:

31  

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 1         (a)  Has violated any provision of this chapter or any

 2  rule or order made under this chapter;

 3         (b)  Has made a material false statement in the

 4  application for registration;

 5         (c)  Has been guilty of a fraudulent act in connection

 6  with rendering investment advice or in connection with any

 7  sale of securities, has been or is engaged or is about to

 8  engage in making fictitious or pretended sales or purchases of

 9  any such securities or in any practice involving the rendering

10  of investment advice or the sale of securities which is

11  fraudulent or in violation of the law;

12         (d)  Has made a misrepresentation or false statement

13  to, or concealed any essential or material fact from, any

14  person in the rendering of investment advice or the sale of a

15  security to such person;

16         (e)  Has failed to account to persons interested for

17  all money and property received;

18         (f)  Has not delivered, after a reasonable time, to

19  persons entitled thereto securities held or agreed to be

20  delivered by the dealer, broker, or investment adviser, as and

21  when paid for, and due to be delivered;

22         (g)  Is rendering investment advice or selling or

23  offering for sale securities through any associated person not

24  registered in compliance with the provisions of this chapter;

25         (h)  Has demonstrated unworthiness to transact the

26  business of dealer, investment adviser, or associated person;

27         (i)  Has exercised management or policy control over or

28  owned 10 percent or more of the securities of any dealer or

29  investment adviser that has been declared bankrupt, or had a

30  trustee appointed under the Securities Investor Protection

31  

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 1  Act; or is, in the case of a dealer or investment adviser,

 2  insolvent;

 3         (j)  Has been convicted of, or has entered a plea of

 4  guilty or nolo contendere to, a crime against the laws of this

 5  state or any other state or of the United States or of any

 6  other country or government which relates to registration as a

 7  dealer, investment adviser, issuer of securities, associated

 8  person, or branch office; which relates to the application for

 9  such registration; or which involves moral turpitude or

10  fraudulent or dishonest dealing;

11         (k)  Has had a final judgment entered against her or

12  him in a civil action upon grounds of fraud, embezzlement,

13  misrepresentation, or deceit;

14         (l)  Is of bad business repute; or

15         (m)  Has been the subject of any decision, finding,

16  injunction, suspension, prohibition, revocation, denial,

17  judgment, or administrative order by any court of competent

18  jurisdiction, administrative law judge, or by any state or

19  federal agency, national securities, commodities, or option

20  exchange, or national securities, commodities, or option

21  association, involving a violation of any federal or state

22  securities or commodities law or any rule or regulation

23  promulgated thereunder, or any rule or regulation of any

24  national securities, commodities, or options exchange or

25  national securities, commodities, or options association, or

26  has been the subject of any injunction or adverse

27  administrative order by a state or federal agency regulating

28  banking, insurance, finance or small loan companies, real

29  estate, mortgage brokers or lenders, money transmitters, or

30  other related or similar industries.  For purposes of this

31  subsection, the office may not deny registration to any

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 1  applicant who has been continuously registered with the office

 2  for 5 years from the entry of such decision, finding,

 3  injunction, suspension, prohibition, revocation, denial,

 4  judgment, or administrative order provided such decision,

 5  finding, injunction, suspension, prohibition, revocation,

 6  denial, judgment, or administrative order has been timely

 7  reported to the office pursuant to the commission's rules; or.

 8         (n)  Made payment to the office for a registration or

 9  notice filing with a check or electronic transmission of funds

10  which is dishonored by the applicant's, registrant's, or

11  notice filer's financial institution.

12         Section 40.  Present subsection (18) of section 520.02,

13  Florida Statutes, is redesignated as subsection (19), and a

14  new subsection (18) is added to that section, to read:

15         520.02  Definitions.--In this act, unless the context

16  or subject matter otherwise requires:

17         (18)  "Control person" means an individual,

18  partnership, corporation, trust, or other organization that

19  possesses the power, directly or indirectly, to direct the

20  management or policies of a company, whether through ownership

21  of securities, by contract, or otherwise. A person is presumed

22  to control a company if, with respect to a particular company,

23  that person:

24         (a)  Is a director, general partner, or officer

25  exercising executive responsibility or having similar status

26  or functions;

27         (b)  Directly or indirectly has the right to vote 25

28  percent or more of a class of a voting security or has the

29  power to sell or direct the sale of 25 percent or more of a

30  class of voting securities; or

31  

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 1         (c)  In the case of a partnership, has the right to

 2  receive upon dissolution, or has contributed, 25 percent or

 3  more of the capital.

 4         Section 41.  Subsections (2), (3), (4), and (5) of

 5  section 520.03, Florida Statutes, are amended to read:

 6         520.03  Licenses.--

 7         (2)  An application for a license under this part must

 8  be submitted to the office in such form as the commission may

 9  prescribe by rule. The commission may require each applicant

10  to provide any information reasonably necessary to determine

11  the applicant's eligibility for licensure. The applicant shall

12  also provide information that the office requires concerning

13  any officer, director, control person, member, partner, or

14  joint venturer of the applicant or any person having the same

15  or substantially similar status or performing substantially

16  similar functions, or any individual who is the ultimate

17  equitable owner of a 10-percent or greater interest in the

18  applicant. The office may require information concerning any

19  such applicant or person, including his or her full name and

20  any other names by which he or she may have been known, age,

21  social security number, residential history, qualifications,

22  educational and business history, and disciplinary and

23  criminal history. If the office determines that an application

24  should be granted, it shall issue the license for a period not

25  to exceed 2 years.  A nonrefundable application fee of $175

26  shall accompany an initial application for the principal place

27  of business and each application for a branch location of a

28  retail installment seller who is required to be licensed under

29  this chapter. An application is considered received for

30  purposes of s. 120.60 upon receipt of a completed application

31  

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 1  form as prescribed by commission rule, a nonrefundable

 2  application fee of $175, and any other fee prescribed by law.

 3         (3)  The nonrefundable renewal fee for a motor vehicle

 4  retail installment seller license shall be $175. The

 5  commission shall establish by rule biennial licensure periods

 6  and procedures for renewal of licenses. A license that is not

 7  renewed by the end of the biennium established by the

 8  commission shall revert from active to inactive status. An

 9  inactive license may be reactivated within 6 months after

10  becoming inactive upon filing a completed reactivation form,

11  payment of the nonrefundable renewal fee, and payment of a

12  reactivation fee equal to the nonrefundable renewal fee. A

13  license that is not reactivated within 6 months after becoming

14  inactive automatically expires.

15         (4)  Each license shall specify the location for which

16  it is issued and must be conspicuously displayed at that

17  location. Prior to relocating a principal place of business or

18  any branch location, the licensee must provide to the office

19  notice of the relocation in a form prescribed by commission

20  rule. A licensee may not transact business as a motor vehicle

21  retail installment seller except under the name by which it is

22  licensed. Licenses issued under this part are not transferable

23  or assignable.

24         (5)  The office may deny an initial application for a

25  license under this part if the applicant or any officer,

26  director, control person, member, partner, or joint venturer

27  person with power to direct the management or policies of the

28  applicant is the subject of a pending criminal prosecution or

29  governmental enforcement action, in any jurisdiction, until

30  conclusion of such criminal prosecution or enforcement action.

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 1         Section 42.  Subsection (19) is added to section

 2  520.31, Florida Statutes, to read:

 3         520.31  Definitions.--Unless otherwise clearly

 4  indicated by the context, the following words when used in

 5  this act, for the purposes of this act, shall have the

 6  meanings respectively ascribed to them in this section:

 7         (19)  "Control person" means an individual,

 8  partnership, corporation, trust, or other organization that

 9  possesses the power, directly or indirectly, to direct the

10  management or policies of a company, whether through ownership

11  of securities, by contract, or otherwise. A person is presumed

12  to control a company if, with respect to a particular company,

13  that person:

14         (a)  Is a director, general partner, or officer

15  exercising executive responsibility or having similar status

16  or functions;

17         (b)  Directly or indirectly has the right to vote 10

18  percent or more of a class of a voting security or has the

19  power to sell or direct the sale of 10 percent or more of a

20  class of voting securities; or

21         (c)  In the case of a partnership, has the right to

22  receive upon dissolution, or has contributed, 10 percent or

23  more of the capital.

24         Section 43.  Subsections (2), (3), (4), and (5) of

25  section 520.32, Florida Statutes, are amended to read:

26         520.32  Licenses.--

27         (2)  An application for a license under this part must

28  be submitted to the office in such form as the commission may

29  prescribe by rule. The commission may require each applicant

30  to provide any information reasonably necessary to determine

31  the applicant's eligibility for licensure. The applicant shall

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 1  also provide information that the office requires concerning

 2  any officer, director, control person, member, partner, or

 3  joint venturer of the applicant or any person having the same

 4  or substantially similar status or performing substantially

 5  similar functions, or any individual who is the ultimate

 6  equitable owner of a 10-percent or greater interest in the

 7  applicant. The office may require information concerning any

 8  such applicant or person, including his or her full name and

 9  any other names by which he or she may have been known, age,

10  social security number, residential history, qualifications,

11  educational and business history, and disciplinary and

12  criminal history. If the office determines that an application

13  should be granted, it shall issue the license for a period not

14  to exceed 2 years.  A nonrefundable application fee of $175

15  shall accompany an initial application for the principal place

16  of business and each application for a branch location of a

17  retail installment seller. An application is considered

18  received for purposes of s. 120.60 upon receipt of a completed

19  application form as prescribed by commission rule, a

20  nonrefundable application fee of $175, and any other fee

21  prescribed by law.

22         (3)  The nonrefundable renewal fee for a retail seller

23  license shall be $175. Biennial licensure periods and

24  procedures for renewal of licenses may also be established by

25  the commission by rule.  A license that is not renewed at the

26  end of the biennium established by the commission shall revert

27  from active to inactive status.  An inactive license may be

28  reactivated within 6 months after becoming inactive upon

29  filing a completed reactivation form, payment of the

30  nonrefundable renewal fee, and payment of a reactivation fee

31  equal to the nonrefundable renewal fee.  A license that is not

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 1  reactivated within 6 months after becoming inactive

 2  automatically expires.

 3         (4)  Each license must specify the location for which

 4  it is issued and must be conspicuously displayed at that

 5  location. If a licensee's principal place of business or

 6  branch location changes, the licensee shall notify the office

 7  and the office shall endorse the change of location without

 8  charge. A licensee may not transact business as a retail

 9  installment seller except under the name by which it is

10  licensed.  A license issued under this part is not

11  transferable or assignable.

12         (5)  The office may deny an initial application for a

13  license under this part if the applicant or any officer,

14  director, control person, member, partner, or joint venturer

15  person with power to direct the management or policies of the

16  applicant is the subject of a pending criminal prosecution or

17  governmental enforcement action, in any jurisdiction, until

18  conclusion of such criminal prosecution or enforcement action.

19         Section 44.  Subsections (2), (3), (4), and (5) of

20  section 520.52, Florida Statutes, are amended to read:

21         520.52  Licensees.--

22         (2)  An application for a license under this part must

23  be submitted to the office in such form as the commission may

24  prescribe by rule. The commission may require each applicant

25  to provide any information reasonably necessary to determine

26  the applicant's eligibility for licensure. The applicant shall

27  also provide information that the office requires concerning

28  any officer, director, control person, member, partner, or

29  joint venturer of the applicant or any person having the same

30  or substantially similar status or performing substantially

31  similar functions, or any individual who is the ultimate

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 1  equitable owner of a 10-percent or greater interest in the

 2  applicant. The office may require information concerning any

 3  such applicant or person, including his or her full name and

 4  any other names by which he or she may have been known, age,

 5  social security number, residential history, qualifications,

 6  educational and business history, and disciplinary and

 7  criminal history. If the office determines that an application

 8  should be granted, it shall issue the license for a period not

 9  to exceed 2 years. A nonrefundable application fee of $175

10  shall accompany an initial application for the principal place

11  of business and each branch location of a sales finance

12  company. An application is considered received for purposes of

13  s. 120.60 upon receipt of a completed application form as

14  prescribed by commission rule, a nonrefundable application fee

15  of $175, and any other fee prescribed by law.

16         (3)  The nonrefundable renewal fee for a sales finance

17  company license shall be $175. Biennial licensure periods and

18  procedures for renewal of licenses may also be established by

19  the commission by rule. A license that is not renewed at the

20  end of the biennium established by the commission shall revert

21  from active to inactive status. An inactive license may be

22  reactivated within 6 months after becoming inactive upon

23  filing a completed reactivation form, payment of the

24  nonrefundable renewal fee, and payment of a reactivation fee

25  equal to the nonrefundable renewal fee. A license that is not

26  reactivated within 6 months after becoming inactive

27  automatically expires.

28         (4)  Each license must specify the location for which

29  it is issued and must be conspicuously displayed at that

30  location. If a licensee's principal place of business or

31  branch location changes, the licensee shall notify the office

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 1  and the office shall endorse the change of location without

 2  charge. A licensee may not transact business as a sales

 3  finance company except under the name by which it is licensed.

 4  A license issued under this part is not transferable or

 5  assignable.

 6         (5)  The office may deny an initial application for a

 7  license under this part if the applicant or any officer,

 8  director, control person, member, partner, or joint venturer

 9  person with power to direct the management or policies of the

10  applicant is the subject of a pending criminal prosecution or

11  governmental enforcement action, in any jurisdiction, until

12  conclusion of such criminal prosecution or enforcement action.

13         Section 45.  Subsection (23) is added to section

14  520.61, Florida Statutes, to read:

15         520.61  Definitions.--As used in this act:

16         (23)  "Control person" means an individual,

17  partnership, corporation, trust, or other organization that

18  possesses the power, directly or indirectly, to direct the

19  management or policies of a company, whether through ownership

20  of securities, by contract, or otherwise. A person is presumed

21  to control a company if, with respect to a particular company,

22  that person:

23         (a)  Is a director, general partner, or officer

24  exercising executive responsibility or having similar status

25  or functions;

26         (b)  Directly or indirectly has the right to vote 10

27  percent or more of a class of a voting security or has the

28  power to sell or direct the sale of 10 percent or more of a

29  class of voting securities; or

30  

31  

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 1         (c)  In the case of a partnership, has the right to

 2  receive upon dissolution, or has contributed, 10 percent or

 3  more of the capital.

 4         Section 46.  Subsections (2), (3), (4), and (5) of

 5  section 520.63, Florida Statutes, are amended to read:

 6         520.63  Licensees.--

 7         (2)  An application for a license under this part must

 8  be submitted to the office in such form as the commission may

 9  prescribe by rule. The commission may require each applicant

10  to provide any information reasonably necessary to determine

11  the applicant's eligibility for licensure. The applicant shall

12  also provide information that the office requires concerning

13  any officer, director, control person, member, partner, or

14  joint venturer of the applicant or any person having the same

15  or substantially similar status or performing substantially

16  similar functions, or any individual who is the ultimate

17  equitable owner of a 10-percent or greater interest in the

18  applicant. The office may require information concerning any

19  such applicant or person, including his or her full name and

20  any other names by which he or she may have been known, age,

21  social security number, residential history, qualifications,

22  educational and business history, and disciplinary and

23  criminal history. If the office determines that an application

24  should be granted, it shall issue the license for a period not

25  to exceed 2 years. A nonrefundable application fee of $175

26  shall accompany an initial application for the principal place

27  of business and each application for a branch location of a

28  home improvement finance seller. An application is considered

29  received for purposes of s. 120.60 upon receipt of a completed

30  application form as prescribed by commission rule, a

31  

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 1  nonrefundable application fee of $175, and any other fee

 2  prescribed by law.

 3         (3)  The nonrefundable renewal fee for a home

 4  improvement finance license shall be $175. Biennial licensure

 5  periods and procedures for renewal of licenses may also be

 6  established by the commission by rule. A license that is not

 7  renewed at the end of the biennium established by the

 8  commission shall automatically revert from active to inactive

 9  status. An inactive license may be reactivated within 6 months

10  after becoming inactive upon filing a completed reactivation

11  form, payment of the nonrefundable renewal fee, and payment of

12  a reactivation fee equal to the nonrefundable renewal fee. A

13  license that is not reactivated within 6 months after becoming

14  inactive automatically expires.

15         (4)  Each license must specify the location for which

16  it is issued and must be conspicuously displayed at that

17  location. If a home improvement finance seller's principal

18  place of business or any branch location changes, the licensee

19  shall notify the office and the office shall endorse the

20  change of location without charge. A licensee may not transact

21  business as a home improvement finance seller except under the

22  name by which it is licensed. A license issued under this part

23  is not transferable or assignable.

24         (5)  The office may deny an initial application for a

25  license under this part if the applicant or any officer,

26  director, control person, member, partner, or joint venturer

27  person with power to direct the management or policies of the

28  applicant is the subject of a pending criminal prosecution or

29  governmental enforcement action, in any jurisdiction, until

30  conclusion of such criminal prosecution or enforcement action.

31  

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 1         Section 47.  Subsection (5) of section 520.994, Florida

 2  Statutes, is amended to read:

 3         520.994  Powers of office.--

 4         (5)  The office shall administer and enforce this

 5  chapter. The commission has authority to adopt rules pursuant

 6  to ss. 120.536(1) and 120.54 to implement the provisions of

 7  this chapter. The commission may adopt rules to require allow

 8  electronic submission of any form, document, or fee required

 9  by this chapter if such rules reasonably accommodate

10  technological or financial hardship. The commission may

11  prescribe by rule requirements and procedures for obtaining an

12  exemption due to a technological or financial hardship.

13         Section 48.  Subsections (1) and (4) of section

14  520.995, Florida Statutes, are amended to read:

15         520.995  Grounds for disciplinary action.--

16         (1)  The following acts are violations of this chapter

17  and constitute grounds for the disciplinary actions specified

18  in subsection (2):

19         (a)  Failure to comply with any provision of this

20  chapter, any rule or order adopted pursuant to this chapter,

21  or any written agreement entered into with the office.;

22         (b)  Fraud, misrepresentation, deceit, or gross

23  negligence in any home improvement finance transaction or

24  retail installment transaction, regardless of reliance by or

25  damage to the buyer or owner.;

26         (c)  Fraudulent misrepresentation, circumvention, or

27  concealment of any matter required to be stated or furnished

28  to a retail buyer or owner pursuant to this chapter,

29  regardless of reliance by or damage to the buyer or owner.;

30  

31  

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 1         (d)  Willful imposition of illegal or excessive charges

 2  in any retail installment transaction or home improvement

 3  finance transaction.;

 4         (e)  False, deceptive, or misleading advertising by a

 5  seller or home improvement finance seller.;

 6         (f)  Failure to maintain, preserve, and keep available

 7  for examination, all books, accounts, or other documents

 8  required by this chapter, by any rule or order adopted

 9  pursuant to this chapter, or by any agreement entered into

10  with the office.;

11         (g)  Refusal to permit inspection of books and records

12  in an investigation or examination by the office or refusal to

13  comply with a subpoena issued by the office.;

14         (h)  Criminal conduct in the course of a person's

15  business as a seller, as a home improvement finance seller, or

16  as a sales finance company.; or

17         (i)  Failure to timely pay any fee, charge, or fine

18  imposed or assessed pursuant to this chapter or any rule

19  adopted under this chapter.

20         (j)  Using the name or logo of a financial institution,

21  as defined in s. 655.005(1), or its affiliates or subsidiaries

22  when marketing or soliciting existing or prospective customers

23  if such marketing materials are used without the written

24  consent of the financial institution and in a manner that

25  would lead a reasonable person to believe that the material or

26  solicitation originated from, was endorsed by, or is related

27  to or the responsibility of the financial institution or its

28  affiliates or subsidiaries.

29         (k)  Payment to the office for a license or permit with

30  a check or electronic transmission of funds which is

31  

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 1  dishonored by the applicant's or licensee's financial

 2  institution.

 3         (4)  It is sufficient cause for the office to take any

 4  of the actions specified in subsection (2) as to any

 5  partnership, corporation, or association, if the office finds

 6  grounds for such action as to any member of the partnership,

 7  as to any officer or director of the corporation or

 8  association, or as to any control person, partner, or joint

 9  venturer person with power to direct the management or

10  policies of the partnership, corporation, or association.

11         Section 49.  Subsection (4) of section 520.997, Florida

12  Statutes, is amended to read:

13         520.997  Books, accounts, and records.--

14         (4)  The commission may prescribe by rule the minimum

15  information to be shown in the books, accounts, documents, and

16  records of licensees so that such records will enable the

17  office to determine compliance with the provisions of this

18  chapter. In addition, the commission may prescribe by rule

19  requirements for the destruction of books, accounts, records,

20  and documents retained by the licensee after completion of the

21  time period specified in subsection (3).

22         Section 50.  Section 520.999, Florida Statutes, is

23  created to read:

24         520.999  Requirements of licensees.--

25         (1)  Each licensee under ss. 520.01-520.999 shall

26  report, on a form prescribed by rule of the commission, any

27  change in the information contained in any initial application

28  form, or any amendment thereto, not later than 30 days after

29  the change is effective.

30         (2)  Each licensee under ss. 520.01-520.999 shall

31  report any changes in the partners, officers, members, joint

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 1  venturers, directors, or control persons of any licensee or

 2  changes in the form of business organization by written

 3  amendment in such form and at such time as the commission

 4  specifies by rule.

 5         (a)  In any case in which a person or a group of

 6  persons, directly or indirectly or acting by or through one or

 7  more persons, proposes to purchase or acquire a controlling

 8  interest in a licensee, such person or group must submit an

 9  initial application for licensure before such purchase or

10  acquisition at such time and in such form as the commission

11  prescribes by rule.

12         (b)  As used in subsection, the term "controlling

13  interest" means possession of the power to direct or cause the

14  direction of the management or policies of a company whether

15  through ownership of securities, by contract, or otherwise.

16  Any person who directly or indirectly has the right to vote 25

17  percent or more of the voting securities of a company or is

18  entitled to 25 percent or more of its profits is presumed to

19  possess a controlling interest.

20         (c)  Any addition of a partner, officer, member, joint

21  venturer, director, or control person of the applicant who

22  does not have a controlling interest and who has not

23  previously complied with the provisions of ss. 520.03(2),

24  520.32(2), 520.52(2), and 520.63(2) shall be subject thereto

25  unless required to file an initial application in accordance

26  with paragraph (a). If the office determines that the licensee

27  does not continue to meet licensure requirements, the office

28  may bring administrative action in accordance with s. 520.995

29  to enforce the provisions of this chapter.

30         (d)  The commission shall adopt rules providing for the

31  waiver of the application required by this subsection if the

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 1  person or group of persons proposing to purchase or acquire a

 2  controlling interest in a licensee has previously complied

 3  with the provisions of ss. 520.03(2), 520.32(2), 520.52(2),

 4  and 520.63(2) with the same legal entity or is currently

 5  licensed with the office under this chapter.

 6         Section 51.  Subsection (5) of section 537.009, Florida

 7  Statutes, is amended to read:

 8         537.009  Recordkeeping; reporting; safekeeping of

 9  property.--

10         (5)  The commission may prescribe by rule the books,

11  accounts, documents, and records, and the minimum information

12  to be shown in the books, accounts, documents, and records, of

13  licensees so that such records will enable the office to

14  determine compliance with the provisions of this act. In

15  addition, the commission may prescribe by rule requirements

16  for the destruction of books, accounts, records, and documents

17  retained by the licensee after completion of the time period

18  specified in subsection (3).

19         Section 52.  Subsection (3) is added to section

20  560.105, Florida Statutes, to read:

21         560.105  Supervisory powers; rulemaking.--

22         (3)  The commission may adopt rules that require

23  electronic submission of any forms, documents, or fees

24  required by this code if such rules reasonably accommodate

25  technological or financial hardship. The commission may

26  prescribe by rule requirements and procedures for obtaining an

27  exemption due to a technological or financial hardship.

28         Section 53.  Paragraph (y) is added to subsection (1)

29  of section 560.114, Florida Statutes, to read:

30         560.114  Disciplinary actions.--

31  

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 1         (1)  The following actions by a money transmitter or

 2  money transmitter-affiliated party are violations of the code

 3  and constitute grounds for the issuance of a cease and desist

 4  order, the issuance of a removal order, the denial of a

 5  registration application or the suspension or revocation of

 6  any registration previously issued pursuant to the code, or

 7  the taking of any other action within the authority of the

 8  office pursuant to the code:

 9         (y)  Payment to the office for a license or permit with

10  a check or electronic transmission of funds which is

11  dishonored by the applicant's or licensee's financial

12  institution.

13         Section 54.  Subsection (2) of section 560.121, Florida

14  Statutes, is amended to read:

15         560.121  Records; limited restrictions upon public

16  access.--

17         (2)  The commission may prescribe by rule the minimum

18  information that must be shown in the books, accounts,

19  records, and documents of licensees for purposes of enabling

20  the office to determine the licensee's compliance with ss.

21  560.101-560.408. In addition, the commission may prescribe by

22  rule requirements for the destruction of books, accounts,

23  records, and documents retained by the licensee after

24  completion of the time period specified in this subsection.

25  Examination reports, investigatory records, applications, and

26  related information compiled by the office, or photographic

27  copies thereof, shall be retained by the office for a period

28  of at least 3 years following the date that the examination or

29  investigation ceases to be active. Application records, and

30  related information compiled by the office, or photographic

31  copies thereof, shall be retained by the office for a period

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 1  of at least 2 years following the date that the registration

 2  ceases to be active.

 3         Section 55.  Section 560.126, Florida Statutes, is

 4  amended to read:

 5         560.126  Significant events; notice required.--

 6         (1)  Unless exempted by the office, every money

 7  transmitter must provide the office with a written notice

 8  within 30 15 days after the occurrence or knowledge of,

 9  whichever period of time is greater, any of the following

10  events:

11         (a)(1)  The filing of a petition under the United

12  States Bankruptcy Code for bankruptcy or reorganization by the

13  money transmitter.

14         (b)(2)  The commencement of any registration suspension

15  or revocation proceeding, either administrative or judicial,

16  or the denial of any original registration request or a

17  registration renewal, by any state, the District of Columbia,

18  any United States territory, or any foreign country, in which

19  the money transmitter operates or plans to operate or has

20  registered to operate.

21         (c)(3)  A felony indictment relating to the money

22  transmission business involving the money transmitter or a

23  money transmitter-affiliated party of the money transmitter.

24         (d)(4)  The felony conviction, guilty plea, or plea of

25  nolo contendere, if the court adjudicates the nolo contendere

26  pleader guilty, or the adjudication of guilt of a money

27  transmitter or money transmitter-affiliated party.

28         (e)(5)  The interruption of any corporate surety bond

29  required by the code.

30  

31  

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 1         (f)(6)  Any suspected criminal act, as defined by the

 2  commission by rule, perpetrated in this state against a money

 3  transmitter or authorized vendor.

 4  

 5  However, a person does not incur liability no liability shall

 6  be incurred by any person as a result of making a good-faith

 7  good faith effort to fulfill this disclosure requirement.

 8         (2)(a)  Each registrant under this code shall report,

 9  on a form prescribed by rule of the commission, any change in

10  the information contained in any initial application form, or

11  any amendment thereto, not later than 30 days after the change

12  is effective.

13         (b)  Each registrant under the code shall report any

14  changes in the partners, officers, members, joint venturers,

15  directors, controlling shareholders, or responsible persons of

16  any registrant or changes in the form of business organization

17  by written amendment in such form and at such time as the

18  commission specifies by rule.

19         1.  In any case in which a person or a group of

20  persons, directly or indirectly or acting by or through one or

21  more persons, proposes to purchase or acquire a controlling

22  interest in a licensee, such person or group must submit an

23  initial application for registration as a money transmitter

24  before such purchase or acquisition at such time and in such

25  form as the commission prescribes by rule.

26         2.  As used in this subsection, the term "controlling

27  interest" means possession of the power to direct or cause the

28  direction of the management or policies of a company whether

29  through ownership of securities, by contract, or otherwise.

30  Any person who directly or indirectly has the right to vote 25

31  percent or more of the voting securities of a company or is

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 1  entitled to 25 percent or more of its profits is presumed to

 2  possess a controlling interest.

 3         3.  Any addition of a partner, officer, member, joint

 4  venturer, director, controlling shareholder, or responsible

 5  person of the applicant who does not have a controlling

 6  interest and who has not previously complied with ss. 560.205

 7  and 560.306 shall be subject thereto unless required to file

 8  an initial application in accordance with subparagraph 1. If

 9  the office determines that the registrant does not continue to

10  meet registration requirements, the office may bring

11  administrative action in accordance with s. 560.114 to enforce

12  the provisions of this code.

13         4.  The commission shall adopt rules providing for the

14  waiver of the application required by this subsection if the

15  person or group of persons proposing to purchase or acquire a

16  controlling interest in a registrant has previously complied

17  with the provisions of ss. 560.205 and 560.306 with the same

18  legal entity or is currently registered with the office under

19  this code.

20         Section 56.  Section 560.127, Florida Statutes, is

21  amended to read:

22         560.127  Control of a money transmitter.--

23         (1)  A person has control over a money transmitter if:

24         (1)(a)  The individual, partnership, corporation,

25  trust, or other organization possesses the power, directly or

26  indirectly, to direct the management or policies of a company,

27  whether through ownership of securities, by contract, or

28  otherwise. A person is presumed to control a company if, with

29  respect to a particular company, that person:

30  

31  

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 1         (a)  Is a director, general partner, or officer

 2  exercising executive responsibility or having similar status

 3  or functions;

 4         (b)  Directly or indirectly has the right to vote 25

 5  percent or more of a class of a voting security or has the

 6  power to sell or direct the sale of 25 percent or more of a

 7  class of voting securities; or

 8         (c)  In the case of a partnership, has the right to

 9  receive upon dissolution, or has contributed, 25 percent or

10  more of the capital. The person directly or indirectly or

11  acting through one or more other persons owns, controls, or

12  has power to vote 25 percent or more of any class of voting

13  securities of the money transmitter; or

14         (2)(b)  The office determines, after notice and

15  opportunity for hearing, that the person directly or

16  indirectly exercises a controlling influence over the

17  activities of the money transmitter.

18         (2)  In any case in which a person or a group of

19  persons, directly or indirectly or acting by or through one or

20  more persons, proposes to purchase or acquire a controlling

21  interest in a money transmitter, and thereby to change the

22  control of that money transmitter, each person or group of

23  persons shall provide written notice to the office.

24         (a)  A money transmitter whose stock is traded on an

25  organized stock exchange shall provide the office with written

26  notice within 15 days after knowledge of such change in

27  control.

28         (b)  A money transmitter whose stock is not publicly

29  traded shall provide the office with not less than 30 days'

30  prior written notice of such proposed change in control.

31  

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 1         (3)  After a review of the written notification, the

 2  office may require the money transmitter to provide additional

 3  information relating to other and former addresses, and the

 4  reputation, character, responsibility, and business

 5  affiliations, of the proposed new owner or each of the

 6  proposed new owners of the money transmitter.

 7         (a)  The office may deny the person or group of persons

 8  proposing to purchase, or who have acquired control of, a

 9  money transmitter if, after investigation, the office

10  determines that the person or persons are not qualified by

11  reputation, character, experience, or financial responsibility

12  to control or operate the money transmitter in a legal and

13  proper manner and that the interests of the other

14  stockholders, if any, or the interests of the public generally

15  may be jeopardized by the proposed change in ownership,

16  controlling interest, or management.

17         (b)  The office may disapprove any person who has been

18  convicted of, or pled guilty or nolo contendere to, a

19  violation of s. 560.123, s. 655.50, chapter 896, or any

20  similar state, federal, or foreign law.

21         Section 57.  Section 560.205, Florida Statutes, is

22  amended to read:

23         560.205  Qualifications of applicant for registration;

24  contents.--

25         (1)  To qualify for registration under this part, an

26  applicant must demonstrate to the office such character and

27  general fitness as to command the confidence of the public and

28  warrant the belief that the registered business will be

29  operated lawfully and fairly. The office may investigate each

30  applicant to ascertain whether the qualifications and

31  requirements prescribed by this part have been met. The

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 1  office's investigation may include a criminal background

 2  investigation of all controlling shareholders, principals,

 3  officers, directors, members, and responsible persons of a

 4  funds transmitter and a payment instrument seller and all

 5  persons designated by a funds transmitter or payment

 6  instrument seller as an authorized vendor. Each controlling

 7  shareholder, principal, officer, director, member, and

 8  responsible person of a funds transmitter or payment

 9  instrument seller, unless the applicant is a publicly traded

10  corporation as defined by the commission by rule, a subsidiary

11  thereof, or a subsidiary of a bank or bank holding company

12  organized and regulated under the laws of any state or the

13  United States, shall file a complete set of fingerprints. A

14  fingerprint card submitted to the office must be taken by an

15  authorized law enforcement agency officer. The office shall

16  submit the Such fingerprints must be submitted to the

17  Department of Law Enforcement for state processing and the

18  Department of Law Enforcement shall forward the fingerprints

19  to or the Federal Bureau of Investigation for state and

20  federal processing.  The cost of the fingerprint processing

21  may be borne by the office, the employer, or the person

22  subject to the background check. The Department of Law

23  Enforcement shall submit an invoice to the office for the

24  fingerprints received each month. The office shall screen the

25  background results to determine if the applicant meets

26  licensure requirements. The commission may waive by rule the

27  requirement that applicants file a set of fingerprints or the

28  requirement that such fingerprints be processed by the

29  Department of Law Enforcement or the Federal Bureau of

30  Investigation.

31  

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 1         (2)  Each application for registration must be

 2  submitted under oath to the office on such forms as the

 3  commission prescribes by rule and must be accompanied by a

 4  nonrefundable application fee. Such fee may not exceed $500

 5  for each payment instrument seller or funds transmitter and

 6  $50 for each authorized vendor or location operating within

 7  this state. The application must contain forms shall set forth

 8  such information as the commission reasonably requires by

 9  rule, including, but not limited to:

10         (a)  The name and address of the applicant, including

11  any fictitious or trade names used by the applicant in the

12  conduct of its business.

13         (b)  The history of the applicant's material

14  litigation, criminal convictions, pleas of nolo contendere,

15  and cases of adjudication withheld.

16         (c)  A description of the activities conducted by the

17  applicant, the applicant's history of operations, and the

18  business activities in which the applicant seeks to engage in

19  this state.

20         (d)  A list identifying the applicant's proposed

21  authorized vendors in this state, including the location or

22  locations in this state at which the applicant and its

23  authorized vendors propose to conduct registered activities.

24         (d)(e)  A sample authorized vendor contract, if

25  applicable.

26         (e)(f)  A sample form of payment instrument, if

27  applicable.

28         (f)(g)  The name and address of the clearing financial

29  institution or financial institutions through which the

30  applicant's payment instruments will be drawn or through which

31  such payment instruments will be payable.

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 1         (g)(h)  Documents revealing that the net worth and

 2  bonding requirements specified in s. 560.209 have been or will

 3  be fulfilled.

 4         (3)  Each application for registration by an applicant

 5  that is a corporation shall contain also set forth such

 6  information as the commission reasonably requires by rule,

 7  including, but not limited to:

 8         (a)  The date of the applicant's incorporation and

 9  state of incorporation.

10         (b)  A certificate of good standing from the state or

11  country in which the applicant was incorporated.

12         (c)  A description of the corporate structure of the

13  applicant, including the identity of any parent or subsidiary

14  of the applicant, and the disclosure of whether any parent or

15  subsidiary is publicly traded on any stock exchange.

16         (d)  The name, social security number, business and

17  residence addresses, and employment history for the past 5

18  years for each executive officer, each director, each

19  controlling shareholder, and the responsible person who will

20  be in charge of all the applicant's business activities in

21  this state.

22         (e)  The history of material litigation and criminal

23  convictions, pleas of nolo contendere, and cases of

24  adjudication withheld for each executive officer, each

25  director, each controlling shareholder, and the responsible

26  person who will be in charge of the applicant's registered

27  activities.

28         (f)  Copies of the applicant's audited financial

29  statements for the current year and, if available, for the

30  immediately preceding 2-year period. In cases where the

31  applicant is a wholly owned subsidiary of another corporation,

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 1  the parent's consolidated audited financial statements may be

 2  submitted to satisfy this requirement. An applicant who is not

 3  required to file audited financial statements may satisfy this

 4  requirement by filing unaudited financial statements verified

 5  under penalty of perjury, as provided by the commission by

 6  rule.

 7         (g)  An applicant who is not required to file audited

 8  financial statements may file copies of the applicant's

 9  unconsolidated, unaudited financial statements for the current

10  year and, if available, for the immediately preceding 2-year

11  period.

12         (h)  If the applicant is a publicly traded company,

13  copies of all filings made by the applicant with the United

14  States Securities and Exchange Commission, or with a similar

15  regulator in a country other than the United States, within

16  the year preceding the date of filing of the application.

17         (4)  Each application for registration submitted to the

18  office by an applicant that is not a corporation shall contain

19  also set forth such information as the commission reasonably

20  requires by rule, including, but not limited to:

21         (a)  Evidence that the applicant is registered to do

22  business in this state.

23         (b)  The name, business and residence addresses,

24  personal financial statement and employment history for the

25  past 5 years for each individual having a controlling

26  ownership interest in the applicant, and each responsible

27  person who will be in charge of the applicant's registered

28  activities.

29         (c)  The history of material litigation and criminal

30  convictions, pleas of nolo contendere, and cases of

31  adjudication withheld for each individual having a controlling

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 1  ownership interest in the applicant and each responsible

 2  person who will be in charge of the applicant's registered

 3  activities.

 4         (d)  Copies of the applicant's audited financial

 5  statements for the current year, and, if available, for the

 6  preceding 2 years. An applicant who is not required to file

 7  audited financial statements may satisfy this requirement by

 8  filing unaudited financial statements verified under penalty

 9  of perjury, as provided by the commission by rule.

10         (5)  Each applicant shall designate and maintain an

11  agent in this state for service of process.

12         Section 58.  Section 560.207, Florida Statutes, is

13  amended to read:

14         560.207  Renewal of registration; registration fee.--

15         (1)  Registration may be renewed for a 24-month period

16  or the remainder of any such period without proration

17  following the date of its expiration by furnishing such

18  information as the commission requires by rule, together with

19  the payment of the fees required under subsections (2), (3),

20  and (4), upon the filing with the office of an application and

21  other statements and documents as may reasonably be required

22  of registrants by the commission. However, the registrant must

23  remain qualified for such registration under the provisions of

24  this part.

25         (2)  Each renewal of All registration must renewal

26  applications shall be accompanied by a nonrefundable renewal

27  fee not to exceed $1,000. A registration expires on April 30

28  of the year in which the existing registration expires, unless

29  the registrant has renewed his or her registration on or

30  before that date. In no event shall a registration be issued

31  for a period in excess of 24 months. The commission may adopt

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 1  rules to implement this section. All renewal applications must

 2  be filed on or after January 1 of the year in which the

 3  existing registration expires, but before the expiration date

 4  of April 30. If the renewal application is filed prior to the

 5  expiration date of an existing registration, no late fee shall

 6  be paid in connection with such renewal application. If the

 7  renewal application is filed within 60 calendar days after the

 8  expiration date of an existing registration, then, in addition

 9  to the $1,000 renewal fee, the renewal application shall be

10  accompanied by a nonrefundable late fee of $500. If the

11  registrant has not filed a renewal application within 60

12  calendar days after the expiration date of an existing

13  registration, a new application shall be filed with the office

14  pursuant to s. 560.205.

15         (3)  In addition to the renewal fee required under

16  subsection (2), each registrant must pay Every registration

17  renewal application shall also include a 2-year nonrefundable

18  registration renewal fee of $50 for each authorized vendor or

19  location operating within this state or, at the option of the

20  registrant, a total 2-year nonrefundable renewal fee of

21  $20,000 may be paid to renew the registration of all such

22  locations currently registered at the time of renewal.

23         (4)  A registration may be reinstated only if the

24  renewal fee and a nonrefundable late fee of $500 are filed

25  within 60 calendar days after the expiration of the existing

26  registration. The office shall grant a reinstatement of

27  registration if application is filed during the 60-day period,

28  and the reinstatement is effective upon receipt of the

29  required fees and any information that the commission requires

30  by rule. If a registrant does not file an application for

31  reinstatement of the registration within the 60 calendar days

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 1  after expiration of an existing registration, the registration

 2  expires and a new application must be filed with the office

 3  pursuant to s. 560.205.

 4         Section 59.  Subsection (1) of section 560.210, Florida

 5  Statutes, is amended to read:

 6         560.210  Permissible investments.--

 7         (1)  A registrant shall at all times possess

 8  permissible investments with an aggregate market value

 9  calculated in accordance with generally accepted accounting

10  principles of the United States of not less than the aggregate

11  face amount of all outstanding funds transmissions transmitted

12  and outstanding payment instruments issued or sold by the

13  registrant or an authorized vendor in the United States.

14         Section 60.  Subsection (2) of section 560.211, Florida

15  Statutes, is amended to read:

16         560.211  Records.--

17         (2)  The records required to be maintained by the code

18  may be maintained by the registrant at any location if,

19  provided that the registrant notifies the office in writing of

20  the location of the records in its application or otherwise by

21  amendment as prescribed by commission rule. The registrant

22  shall make such records available to the office for

23  examination and investigation in this state, as permitted by

24  the code, within 7 days after receipt of a written request.

25         Section 61.  Section 560.305, Florida Statutes, is

26  amended to read:

27         560.305  Application.--Each application for

28  registration must shall be in writing and under oath to the

29  office, in such form as the commission prescribes. The

30  application must contain such information as the commission

31  

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 1  requires by rule, including, but not limited to shall include

 2  the following:

 3         (1)  The legal name, social security number, and

 4  residence and business addresses of the applicant if the

 5  applicant is a natural person, or, if the applicant is a

 6  partnership, association, or corporation, the name of every

 7  partner, officer, or director, member, controlling

 8  shareholder, or responsible person thereof.

 9         (2)  The location of the principal office of the

10  applicant.

11         (3)  The complete address of any other locations at

12  which the applicant proposes to engage in such activities

13  since the provisions of registration apply to each and every

14  operating location of a registrant.

15         (4)  Such other information as the commission or office

16  reasonably requires with respect to the applicant or any money

17  transmitter-affiliated party of the applicant; however, the

18  commission or office may not require more information than is

19  specified in part II.

20         Section 62.  Subsections (1) and (4) of section

21  560.306, Florida Statutes, are amended to read:

22         560.306  Standards.--

23         (1)  In order to qualify for registration under this

24  part, an applicant must demonstrate to the office that he or

25  she has such character and general fitness as will command the

26  confidence of the public and warrant the belief that the

27  registered business will be operated lawfully and fairly. The

28  office may investigate each applicant to ascertain whether the

29  qualifications and requirements prescribed by this part have

30  been met. The office's investigation may include a criminal

31  background investigation of all controlling shareholders,

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 1  principals, officers, directors, members, and responsible

 2  persons of a check casher and a foreign currency exchanger and

 3  all persons designated by a foreign currency exchanger or

 4  check casher as an authorized vendor. Each controlling

 5  shareholder, principal, officer, director, member, and

 6  responsible person of a check casher or foreign currency

 7  exchanger, unless the applicant is a publicly traded

 8  corporation as defined by the commission by rule, a subsidiary

 9  thereof, or a subsidiary of a bank or bank holding company

10  organized and regulated under the laws of any state or the

11  United States, shall file a complete set of fingerprints. A

12  fingerprint card submitted to the office must be taken by an

13  authorized law enforcement agency officer. The office shall

14  submit the Such fingerprints must be submitted to the

15  Department of Law Enforcement for state processing and the

16  Department of Law Enforcement shall forward the fingerprints

17  to or the Federal Bureau of Investigation for state and

18  federal processing. The cost for the fingerprint processing

19  may be borne by the office, the employer, or the person

20  subject to the background check. The Department of Law

21  Enforcement shall submit an invoice to the office for the

22  fingerprints received each month. The office shall screen the

23  background results to determine if the applicant meets

24  licensure requirements. The commission may waive by rule the

25  requirement that applicants file a set of fingerprints or the

26  requirement that such fingerprints be processed by the

27  Department of Law Enforcement or the Federal Bureau of

28  Investigation.

29         (4)  Each registration application and renewal

30  application must specify the location at which the applicant

31  proposes to establish its principal place of business and any

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 1  other location, including authorized vendors operating in this

 2  state. The registrant shall notify the office of any changes

 3  to any such locations. Any registrant may satisfy this

 4  requirement by providing the office with a list of such

 5  locations, including all authorized vendors operating in this

 6  state, not less than annually. A registrant may not transact

 7  business as a check casher or a foreign currency exchanger

 8  except pursuant to the name under which it is registered.

 9         Section 63.  Section 560.308, Florida Statutes, is

10  amended to read:

11         560.308  Registration terms; renewal; renewal fees.--

12         (1)  Registration may be renewed for a 24-month period,

13  or the remainder of any such period without proration,

14  following the date of its expiration by furnishing such

15  information as the commission requires by rule, together with

16  the payment of the fees required under subsections (2), (3),

17  and (4). Registration pursuant to this part shall remain

18  effective through the remainder of the second calendar year

19  following its date of issuance unless during such calendar

20  year the registration is surrendered, suspended, or revoked.

21         (2)  Each application for renewal of registration must

22  be accompanied by The office shall renew registration upon

23  receipt of a completed renewal form and payment of a

24  nonrefundable renewal fee not to exceed $500. A registration

25  expires on December 31 of the year in which the existing

26  registration expires, unless the registrant has renewed his or

27  her registration on or before that date. The completed renewal

28  form and payment of the renewal fee shall occur on or after

29  June 1 of the year in which the existing registration expires.

30         (3)  In addition to the renewal fee required by

31  subsection (2), each registrant must pay a 2-year

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 1  nonrefundable registration renewal fee of $50 for each

 2  authorized vendor or location operating within this state or,

 3  at the option of the registrant, a total 2-year nonrefundable

 4  renewal fee of $20,000 may be paid to renew the registration

 5  of all such locations currently registered at the time of

 6  renewal.

 7         (4)  Registration that is not renewed on or before the

 8  expiration date of the registration period automatically

 9  expires. A renewal application and fee, and a nonrefundable

10  late fee of $250, must be filed within 60 calendar days after

11  the expiration of an existing registration in order for the

12  registration to be reinstated. The office shall grant a

13  reinstatement of registration if application is filed during

14  the 60-day period, and the reinstatement is effective upon

15  receipt of the required fees and any information that the

16  commission requires by rule. If the registrant has not filed

17  an a renewal application within 60 calendar days after the

18  expiration date of an existing registration, the registration

19  expires and a new application must be filed with the office

20  pursuant to s. 560.307.

21         Section 64.  Subsection (2) of section 560.310, Florida

22  Statutes, is amended to read:

23         560.310  Records of check cashers and foreign currency

24  exchangers.--

25         (2)  The records required to be maintained by the code

26  may be maintained by the registrant at any location if,

27  provided that the registrant notifies the office, in writing,

28  of the location of the records in its application or otherwise

29  by amendment as prescribed by commission rule. The registrant

30  shall make such records available to the office for

31  

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 1  examination and investigation in this state, as permitted by

 2  the code, within 7 days after receipt of a written request.

 3         Section 65.  Subsections (2) and (4) of section

 4  560.403, Florida Statutes, are amended to read:

 5         560.403  Requirements of registration; declaration of

 6  intent.--

 7         (2)  A registrant under this part shall renew his or

 8  her intent to engage in the business of deferred presentment

 9  transactions or to act as a deferred presentment provider upon

10  renewing his or her registration under part II or part III and

11  shall do so by indicating his or her intent on the renewal

12  form and by submitting a nonrefundable deferred presentment

13  provider renewal fee of $1,000, in addition to any fees

14  required for renewal of registration under part II or part

15  III.

16         (4)  The notice of intent of a registrant under this

17  part who fails to timely renew his or her intent to engage in

18  the business of deferred presentment transactions or to act as

19  a deferred presentment provider on or before the expiration

20  date of the registration period automatically expires. A

21  renewal declaration of intent and fee, and a nonrefundable

22  late fee of $500, must be filed within 60 calendar days after

23  the expiration of an existing registration in order for the

24  declaration of intent to be reinstated. The office shall grant

25  a reinstatement of registration if application is filed during

26  the 60-day period, and the reinstatement is effective upon

27  receipt of the required fees and any information that the

28  commission requires by rule. If the registrant has not filed a

29  reinstatement of a renewal declaration of intent within 60

30  calendar days after the expiration date of an existing

31  

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 1  registration, the notice of intent expires and a new

 2  declaration of intent must be filed with the office.

 3         Section 66.  Section 655.935, Florida Statutes, is

 4  amended to read:

 5         655.935  Search procedure on death of lessee.--If

 6  satisfactory proof of the death of the lessee is presented, a

 7  lessor shall permit the person named in a court order for the

 8  purpose, or if no order has been served upon the lessor, the

 9  spouse, a parent, an adult descendant, or a person named as a

10  personal representative in a copy of a purported will produced

11  by such person, to open and examine the contents of a

12  safe-deposit box leased or co-leased by a decedent, or any

13  documents delivered by a decedent for safekeeping, in the

14  presence of an officer of the lessor; and the lessor, if so

15  requested by such person, shall deliver:

16         (1)  Any writing purporting to be a will of the

17  decedent, to the court having probate jurisdiction in the

18  county in which the financial institution is located;

19         (2)  Any writing purporting to be a deed to a burial

20  plot or to give burial instructions, to the person making the

21  request for a search; and

22         (3)  Any document purporting to be an insurance policy

23  on the life of the decedent, to the beneficiary named therein.

24  

25  No other contents may be removed pursuant to this section and

26  access granted pursuant to this section shall not be

27  considered the initial opening of the safe-deposit box

28  pursuant to s. 733.6065 by a personal representative appointed

29  by a court in this state.

30         Section 67.  Section 655.936, Florida Statutes, is

31  amended to read:

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 1         655.936  Delivery of safe-deposit box contents or

 2  property held in safekeeping to personal representative.--

 3         (1)  Subject to the provisions of subsection (3), the

 4  lessor shall immediately deliver to a resident personal

 5  representative appointed by a court in this state, upon

 6  presentation of a certified copy of his or her letters of

 7  authority, all property deposited with it by the decedent for

 8  safekeeping, and shall grant the resident personal

 9  representative access to any safe-deposit box in the

10  decedent's name and permit him or her to remove from such box

11  any part or all of the contents thereof.

12         (2)  If a foreign personal representative of a deceased

13  lessee has been appointed by a court of any other state, a

14  lessor may, at its discretion, after 3 months from the

15  issuance to such foreign personal representative of his or her

16  letters of authority, deliver to such foreign personal

17  representative all properties deposited with it for

18  safekeeping and the contents of any safe-deposit box in the

19  name of the decedent if at such time the lessor has not

20  received written notice of the appointment of a personal

21  representative in this state, and such delivery is a valid

22  discharge of the lessor for all property or contents so

23  delivered. A Such foreign personal representative appointed by

24  a court of any other state shall furnish the lessor with an

25  affidavit setting forth facts showing the domicile of the

26  deceased lessee to be other than this state and stating that

27  there are no unpaid creditors of the deceased lessee in this

28  state, together with a certified copy of his or her letters of

29  authority.  A lessor making delivery pursuant to this

30  subsection shall maintain in its files a receipt executed by

31  

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 1  such foreign personal representative which itemizes in detail

 2  all property so delivered.

 3         (3)  Notwithstanding the provisions of subsection (1),

 4  after the death of a lessee of a safe-deposit box, the lessor

 5  shall permit the initial opening of the safe-deposit box and

 6  the removal of the contents of the safe-deposit box in

 7  accordance with s. 733.6065.

 8         (4)  A lessor is not liable for damages or penalty by

 9  reason of any delivery made pursuant to this section.

10         Section 68.  Section 655.937, Florida Statutes, is

11  amended to read:

12         655.937  Access to safe-deposit boxes leased in two or

13  more names.--

14         (1)  Unless When specifically provided in the lease or

15  rental agreement to the contrary, if covering a safe-deposit

16  box is heretofore or hereafter rented or leased in the names

17  of two or more lessees, that access to the safe-deposit box

18  will be granted to either lessee, or to either or the

19  survivor, access to the safe-deposit box shall be granted to:

20         (a)  Either or any of such lessees, regardless of

21  whether or not the other lessee or lessees or any of them are

22  living or competent.; or

23         (b)  Subject to s. 655.933, those persons named in s.

24  655.933.

25         (c)  Subject to s. 655.935, those persons named in s.

26  655.935.

27         (d)(b)  Subject to s. 773.6065, the personal

28  representative of the estate of either or any of such lessees

29  who is deceased, or the guardian of the property of either or

30  any of such lessees who is incapacitated.

31  

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 1         (2)  In all cases described in subsection (1),; and, in

 2  either such case, the provisions of s. 655.933 apply, and the

 3  signature on the safe-deposit entry or access record, (or the

 4  receipt or acquittance, in the case of property or documents

 5  otherwise held for safekeeping,) is a valid and sufficient

 6  release and discharge to the lessor for granting access to

 7  such safe-deposit box or for the delivery of such property or

 8  documents otherwise held for safekeeping.

 9         (3)(2)  A lessor may not be held liable for damages or

10  penalty by reason of any access granted or delivery made

11  pursuant to this section.

12         (4)  The right of access by a co-lessee is separate

13  from the rights and responsibilities of other persons who may

14  be granted access to a safe-deposit box after the death or

15  incapacity of another co-lessee and such right of access is

16  not subject to the provisions of s. 655.935 or s. 733.6065 or

17  other requirements imposed upon personal representatives,

18  guardians, or other fiduciaries.

19         (5)  After the death of a co-lessee, the surviving

20  co-lessee or any other person who is granted access to the

21  safe-deposit box pursuant to this section may make a written

22  inventory of the box, which must be conducted by the person

23  making the request in the presence of one other person as

24  specified in this section. Each person present shall verify

25  the contents of the box by signing a copy of the inventory

26  under penalty of perjury.

27         (a)  If the person making the written inventory is the

28  surviving co-lessee, the other person may be any other person

29  granted access pursuant to this section, an employee of the

30  institution where the box is located, or an attorney licensed

31  in this state.

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 1         (b)  If the person making the written inventory is not

 2  a surviving co-lessee, the other person may be a surviving

 3  co-lessee, an employee of the institution where the box is

 4  located, or an attorney licensed in this state.

 5         Section 69.  Section 733.6065, Florida Statutes, is

 6  amended to read:

 7         733.6065  Opening safe-deposit box.--

 8         (1)  Subject to the provisions of s. 655.936(2), the

 9  initial opening of a the decedent's safe-deposit box that is

10  leased or co-leased by the decedent shall be conducted in the

11  presence of any two of the following persons:  an employee of

12  the institution where the box is located, the personal

13  representative, or the personal representative's attorney of

14  record.  Each person who is present must verify the contents

15  of the box by signing a copy of the inventory under penalties

16  of perjury.  The personal representative shall file the

17  safe-deposit box inventory, together with a copy of the box

18  entry record from a date which is 6 months prior to the date

19  of death to the date of inventory, with the court within 10

20  days after the box is opened.  Unless otherwise ordered by the

21  court, this inventory and the attached box entry record is

22  subject to inspection only by persons entitled to inspect an

23  inventory under s. 733.604(1).  The personal representative

24  may remove the contents of the box.

25         (2)  The right to open and examine the contents of a

26  safe-deposit box leased by a decedent, or any documents

27  delivered by a decedent for safekeeping, and to receive items

28  as provided for in s. 655.935 are separate from in addition to

29  the rights provided for in subsection (1).

30         Section 70.  For the 2006-2007 fiscal year, the

31  recurring sum of $700,515 is appropriated from the Regulatory

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    25-1333A-06




 1  Trust Fund to the Office of Financial Regulation for the

 2  purpose of implementing the provisions of s. 494.0033(2)(b),

 3  Florida Statutes, for third-party administration of the

 4  mortgage broker test.

 5         Section 71.  This act shall take effect October 1,

 6  2006.

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 9                          SENATE SUMMARY

10    Revises various licensing and registration requirements
      for professions regulated by the Financial Services
11    Commission and the Office of Financial Regulation.
      Authorizes the commission to require additional
12    information from applicants for licensure or
      registration. Revises continuing education requirements
13    for mortgage brokers. Provides requirements for the
      fingerprinting of applicants and for background checks.
14    Requires that licensees report information concerning
      certain persons associated with the business. Defines the
15    term "control person." Requires that information be
      provided concerning persons who acquire a controlling
16    interest in a licensee. Revises such requirements with
      respect to mortgage lenders, correspondent mortgage
17    lenders, persons making consumer finance loans, and
      certain securities dealers. Revises such requirements
18    with respect to persons licensed under the Motor Vehicle
      Retail Sales Finance Act, the Retail Installment Sales
19    Act, the Home Improvement Sales and Finance Act, the
      Florida Title Loan Act, the Money Transmitters' Code, and
20    the Check Cashing and Foreign Currency Exchange Act.
      Revises requirements for Canadian dealers relating to
21    notice of filings. Revises requirements for accessing
      safe-deposit boxes. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.