| 1 | A bill to be entitled | 
| 2 | An act relating to financial entities and transactions;  | 
| 3 | amending s. 494.001, F.S.; defining the term "control  | 
| 4 | person"; amending s. 494.0011, F.S.; authorizing the  | 
| 5 | Financial Services Commission to require electronic  | 
| 6 | submission of forms, documents, or fees; providing a  | 
| 7 | limitation; authorizing the commission to adopt rules  | 
| 8 | accommodating a technological or financial hardship;  | 
| 9 | requiring that a grant or denial of a license be in  | 
| 10 | accordance with ch. 120, F.S.; amending s. 494.0016, F.S.;  | 
| 11 | authorizing the commission to prescribe requirements for  | 
| 12 | destroying books, accounts, records, and documents;  | 
| 13 | amending s. 494.0029, F.S.; requiring that certain  | 
| 14 | entities who offer or conduct mortgage business training  | 
| 15 | obtain a permit; providing requirements and procedures for  | 
| 16 | obtaining a permit; specifying that permits are not  | 
| 17 | transferable or assignable; providing for expiration and  | 
| 18 | recertification of permits; authorizing permit fees;  | 
| 19 | requiring that curriculum, training, and training  | 
| 20 | materials be available for inspection; requiring  | 
| 21 | electronic notification to the office of persons who have  | 
| 22 | successfully completed certain education requirements;  | 
| 23 | requiring the commission to adopt rules; amending s.  | 
| 24 | 494.00295, F.S.; revising professional education  | 
| 25 | provisions to apply to continuing education; providing  | 
| 26 | requirements; waiving such requirements for license  | 
| 27 | renewals for certain persons under certain circumstances;  | 
| 28 | amending s. 494.003, F.S.; revising the list of entities  | 
| 29 | exempt from certain mortgage broker licensure  | 
| 30 | requirements; amending s. 494.0031, F.S.; requiring  | 
| 31 | licensure of mortgage brokerage businesses; revising  | 
| 32 | requirements and procedures for issuing licenses;  | 
| 33 | providing duties and authority of the commission and  | 
| 34 | office; providing duties of the Department of Law  | 
| 35 | Enforcement; specifying that certain licenses are not  | 
| 36 | transferable or assignable; revising the grounds on which  | 
| 37 | a license may be denied; deleting certain provisions  | 
| 38 | relating to cancellation and reinstatement of licenses;  | 
| 39 | amending s. 494.0032, F.S.; requiring renewal of branch  | 
| 40 | office licenses with renewal of mortgage brokerage  | 
| 41 | business licenses; amending s. 494.0033, F.S.; revising  | 
| 42 | mortgage broker licensure requirements and procedures;  | 
| 43 | authorizing the commission to prescribe additional testing  | 
| 44 | fees; authorizing the commission to waive certain  | 
| 45 | examination requirements under specified circumstances;  | 
| 46 | providing duties and authority of the commission and  | 
| 47 | office; providing duties of the Department of Law  | 
| 48 | Enforcement; deleting provisions relating to cancellation  | 
| 49 | and reinstatement of licenses; amending s. 494.0036, F.S.;  | 
| 50 | revising mortgage brokerage business branch office  | 
| 51 | licensure requirements and procedures; deleting a  | 
| 52 | requirement for displaying licenses; amending s. 494.0039,  | 
| 53 | F.S.; deleting mortgage brokerage business change of  | 
| 54 | address reporting and license display requirements;  | 
| 55 | amending s. 494.004, F.S.; revising mortgage broker  | 
| 56 | licensee requirements; providing requirements for  | 
| 57 | acquiring a controlling interest in a licensee; providing  | 
| 58 | a definition; providing duties and authority of the  | 
| 59 | commission; authorizing the office to bring an  | 
| 60 | administrative action under certain circumstances;  | 
| 61 | amending s. 494.0041, F.S.; specifying additional grounds  | 
| 62 | for taking disciplinary action; amending s. 494.006, F.S.;  | 
| 63 | revising the list of entities exempt from mortgage lender  | 
| 64 | licensure requirements; amending s. 494.0061, F.S.;  | 
| 65 | requiring the licensure of mortgage lenders; revising  | 
| 66 | mortgage lender license requirements and procedures;  | 
| 67 | providing duties and authority of the commission and  | 
| 68 | office; providing duties of the Department of Law  | 
| 69 | Enforcement; providing for commission rules; revising  | 
| 70 | provisions governing grounds for imposing discipline;  | 
| 71 | deleting certain provisions relating to cancellation and  | 
| 72 | reinstatement of licenses; authorizing the commission to  | 
| 73 | prescribe additional testing fees; revising provisions  | 
| 74 | governing principal representatives; amending s. 494.0062,  | 
| 75 | F.S.; requiring licensure of correspondent mortgage  | 
| 76 | lenders; revising correspondent mortgage lender license  | 
| 77 | requirements and procedures; providing duties and  | 
| 78 | authority of the commission and office; providing duties  | 
| 79 | of the Department of Law Enforcement; providing  | 
| 80 | educational requirements for principal representatives;  | 
| 81 | revising grounds for disciplinary action; deleting certain  | 
| 82 | provisions relating to cancellation and reinstatement of  | 
| 83 | licenses; authorizing the commission to prescribe  | 
| 84 | additional testing fees; providing for commission rules;  | 
| 85 | amending s. 494.0064, F.S.; revising mortgage lender  | 
| 86 | branch office licensee professional continuing education  | 
| 87 | requirements; amending s. 494.0065, F.S.; revising saving  | 
| 88 | clause requirements and procedures; revising the duties  | 
| 89 | and authority of the office and commission; providing  | 
| 90 | duties of the Department of Law Enforcement; providing for  | 
| 91 | commission rules; providing requirements for education and  | 
| 92 | testing for certain principal representatives and for  | 
| 93 | transfer applications; authorizing the commission to  | 
| 94 | prescribe additional testing fees; revising provisions  | 
| 95 | governing the denial of transfers; providing personal  | 
| 96 | representative designation requirements; amending s.  | 
| 97 | 494.0066, F.S.; revising branch office licensure  | 
| 98 | requirements; providing for commission rules; amending s.  | 
| 99 | 494.0067, F.S.; deleting a license display requirement;  | 
| 100 | providing information reporting requirements; providing  | 
| 101 | requirements for acquiring a controlling interest in a  | 
| 102 | licensee; providing a definition; providing duties and  | 
| 103 | authority of the commission; authorizing the office to  | 
| 104 | bring an administrative action under certain  | 
| 105 | circumstances; revising professional continuing education  | 
| 106 | requirements; amending s. 494.0072, F.S.; providing  | 
| 107 | additional grounds for taking disciplinary action;  | 
| 108 | amending s. 494.00721, F.S.; conforming cross-references;  | 
| 109 | amending s. 501.137, F.S.; providing mortgage lender  | 
| 110 | liability for attorney's fees and costs for certain  | 
| 111 | violations; amending s. 516.01, F.S.; defining the term  | 
| 112 | "control person"; amending s. 516.03, F.S.; revising  | 
| 113 | requirements and procedures for issuing consumer finance  | 
| 114 | loan licenses; specifying certain fees as nonrefundable;  | 
| 115 | authorizing the commission to adopt rules; revising  | 
| 116 | certain fee requirements; providing for technological or  | 
| 117 | financial hardship exemptions under certain circumstances;  | 
| 118 | amending s. 516.031, F.S.; increasing a reimbursement  | 
| 119 | charge for certain investigation costs; amending s.  | 
| 120 | 516.05, F.S.; revising investigation procedures; deleting  | 
| 121 | provisions relating to certain fees for licenses that have  | 
| 122 | been denied; providing licensee information reporting  | 
| 123 | requirements; providing requirements for acquiring a  | 
| 124 | controlling interest in a licensee; providing a  | 
| 125 | definition; providing duties and authority of the  | 
| 126 | commission and office; providing for commission rules;  | 
| 127 | authorizing the office to bring an administrative action  | 
| 128 | under certain circumstances; deleting provisions  | 
| 129 | authorizing the office to grant temporary licenses;  | 
| 130 | amending s. 516.07, F.S.; providing an additional ground  | 
| 131 | for taking disciplinary action; repealing s. 516.08, F.S.,  | 
| 132 | relating to requirements for posting a license; amending  | 
| 133 | s. 516.12, F.S.; authorizing the commission to adopt rules  | 
| 134 | specifying the minimum information to be shown in a  | 
| 135 | licensee's books, accounts, records, and documents and the  | 
| 136 | requirements for destroying a licensee's books, accounts,  | 
| 137 | records, and documents; amending s. 516.19, F.S.;  | 
| 138 | correcting cross-references; amending s. 517.021, F.S.;  | 
| 139 | redefining the term "branch office"; authorizing the  | 
| 140 | commission to adopt rules; amending s. 517.051, F.S.;  | 
| 141 | revising required accounting principles; amending s.  | 
| 142 | 517.061, F.S.; revising a provision governing exempt  | 
| 143 | transactions; amending s. 517.081, F.S.; revising required  | 
| 144 | accounting principles; amending s. 517.12, F.S.; revising  | 
| 145 | requirements and procedures for registration of dealers,  | 
| 146 | associated persons, investment advisers, and branch  | 
| 147 | offices; revising duties and authority of the commission  | 
| 148 | and office; providing for commission rules; providing  | 
| 149 | duties of the Department of Law Enforcement; revising  | 
| 150 | requirements, procedures, and exemptions relating to  | 
| 151 | activities of Canadian dealers and associated persons;  | 
| 152 | providing for certain fees; providing that certain fees  | 
| 153 | are nonrefundable; providing for the collection of fees;  | 
| 154 | amending s. 517.131, F.S.; revising criteria under which  | 
| 155 | recovery can be made from the Securities Guaranty Fund;  | 
| 156 | authorizing the commission to adopt rules; amending s.  | 
| 157 | 517.141, F.S.; revising requirements for claimant  | 
| 158 | reimbursements to the fund; authorizing the commission to  | 
| 159 | adopt rules; amending s. 517.161, F.S.; revising a ground  | 
| 160 | for a registration adverse action; providing an additional  | 
| 161 | ground; amending ss. 520.02, 520.31, and 520.61, F.S.;  | 
| 162 | defining the term "control person"; amending ss. 520.03,  | 
| 163 | 520.32, 520.52, and 520.63, F.S.; revising requirements  | 
| 164 | and procedures for licensing motor vehicle retail  | 
| 165 | installment sellers, retail installment transaction retail  | 
| 166 | sellers, sales finance companies, and home improvement  | 
| 167 | finance sellers; revising duties and authority of the  | 
| 168 | commission and office; specifying certain fees as  | 
| 169 | nonrefundable; amending s. 520.994, F.S.; revising  | 
| 170 | commission authority to adopt rules to include electronic  | 
| 171 | submissions; providing for accommodating a technological  | 
| 172 | or financial hardship; amending s. 520.995, F.S.;  | 
| 173 | providing an additional ground for taking disciplinary  | 
| 174 | action; revising a provision applying disciplinary actions  | 
| 175 | to certain persons; amending s. 520.997, F.S.; revising  | 
| 176 | commission authority to adopt rules relating to a  | 
| 177 | licensee's books, accounts, records, and documents;  | 
| 178 | creating s. 520.999, F.S.; providing additional  | 
| 179 | requirements of licensees in sales and finance;  | 
| 180 | authorizing the office to bring an administrative action  | 
| 181 | under certain circumstances; authorizing the commission to  | 
| 182 | adopt rules; amending s. 537.009, F.S., relating to the  | 
| 183 | Florida Title Loan Act; revising provisions relating to a  | 
| 184 | licensee's books, accounts, records, and documents;  | 
| 185 | amending s. 559.9232, F.S.; correcting cross-references;  | 
| 186 | amending s. 560.105, F.S., relating to the Money  | 
| 187 | Transmitters' Code; authorizing the commission to adopt  | 
| 188 | rules for electronic submission of money transmitter  | 
| 189 | licensee forms, documents, or fees; providing for  | 
| 190 | exemptions due to technological or financial hardship;  | 
| 191 | amending s. 560.114, F.S.; providing an additional ground  | 
| 192 | for taking disciplinary action; amending s. 560.121, F.S.;  | 
| 193 | authorizing the commission to adopt rules relating to a  | 
| 194 | licensee's books, accounts, records, and documents;  | 
| 195 | amending s. 560.126, F.S.; revising information reporting  | 
| 196 | requirements; providing requirements for acquiring a  | 
| 197 | controlling interest; authorizing the office to bring an  | 
| 198 | administrative action under certain circumstances;  | 
| 199 | authorizing the commission to adopt rules; amending s.  | 
| 200 | 560.127, F.S.; revising criteria for determining control  | 
| 201 | over a money transmitter; deleting provisions regulating  | 
| 202 | the acquisition or purchase of a money transmitter;  | 
| 203 | amending s. 560.205, F.S.; revising requirements and  | 
| 204 | procedures for registering money transmitters; revising  | 
| 205 | duties of the commission and office; providing duties of  | 
| 206 | the Department of Law Enforcement; amending s. 560.207,  | 
| 207 | F.S.; revising requirements and procedures for renewing a  | 
| 208 | registration; authorizing the commission to adopt rules;  | 
| 209 | providing that specified fees are nonrefundable; providing  | 
| 210 | conditions for reinstating a registration; providing an  | 
| 211 | additional fee; providing for expiration of registration;  | 
| 212 | amending s. 560.210, F.S.; revising required accounting  | 
| 213 | principles; amending s. 560.211, F.S.; revising certain  | 
| 214 | recordkeeping requirements; amending s. 560.305, F.S.,  | 
| 215 | relating to the Check Cashing and Foreign Currency  | 
| 216 | Exchange Act; revising requirements and procedures for  | 
| 217 | registration; amending s. 560.306, F.S.; revising  | 
| 218 | fingerprinting requirements and procedures; providing  | 
| 219 | duties of the office and Department of Law Enforcement;  | 
| 220 | amending s. 560.308, F.S.; revising requirements for  | 
| 221 | renewal of registration; providing for expiration of  | 
| 222 | registration; providing that specified fees are  | 
| 223 | nonrefundable; providing conditions for reinstatement of a  | 
| 224 | registration; amending s. 560.310, F.S.; revising certain  | 
| 225 | recordkeeping requirements; amending s. 560.403, F.S.;  | 
| 226 | revising requirements for registration renewal notices of  | 
| 227 | intent; providing that specified fees are nonrefundable;  | 
| 228 | providing conditions for reinstatement of a notice of  | 
| 229 | intent; creating s. 655.851, F.S.; providing that credit  | 
| 230 | balances that result from the performance of or  | 
| 231 | participation in check-clearing functions are not subject  | 
| 232 | to certain reporting requirements; amending s. 655.935,  | 
| 233 | F.S.; authorizing the search of a safe-deposit box co- | 
| 234 | leased by a decedent; providing construction; amending s.  | 
| 235 | 655.936, F.S.; providing for the delivery of a safe- | 
| 236 | deposit box to a court-appointed personal representative;  | 
| 237 | amending s. 655.937, F.S.; revising provisions for access  | 
| 238 | to safe-deposit boxes; providing a penalty; amending s.  | 
| 239 | 679.705, F.S.; extending the effective date of a financing  | 
| 240 | statement filed under previous law; amending s. 733.6065,  | 
| 241 | F.S.; revising provisions relating to the initial opening  | 
| 242 | of certain safe-deposit boxes; providing an appropriation;  | 
| 243 | providing effective dates. | 
| 244 | 
  | 
| 245 | Be It Enacted by the Legislature of the State of Florida: | 
| 246 | 
  | 
| 247 |      Section 1.  Present subsections (9) through (30) of section  | 
| 248 | 494.001, Florida Statutes, are redesignated as subsections (10)  | 
| 249 | through (31), respectively, and a new subsection (9) is added to  | 
| 250 | that section to read: | 
| 251 |      494.001  Definitions.--As used in ss. 494.001-494.0077, the  | 
| 252 | term: | 
| 253 |      (9)  "Control person" means an individual, partnership,  | 
| 254 | corporation, trust, or other organization that possesses the  | 
| 255 | power, directly or indirectly, to direct the management or  | 
| 256 | policies of a company, whether through ownership of securities,  | 
| 257 | by contract, or otherwise. A person is presumed to control a  | 
| 258 | company if, with respect to a particular company, that person: | 
| 259 |      (a)  Is a director, general partner, or officer exercising  | 
| 260 | executive responsibility or having similar status or functions; | 
| 261 |      (b)  Directly or indirectly may vote 10 percent or more of  | 
| 262 | a class of voting securities or sell or direct the sale of 10  | 
| 263 | percent or more of a class of voting securities; or | 
| 264 |      (c)  In the case of a partnership, may receive upon  | 
| 265 | dissolution or has contributed 10 percent or more of the  | 
| 266 | capital. | 
| 267 |      Section 2.  Subsection (2) of section 494.0011, Florida  | 
| 268 | Statutes, is amended, and subsection (6) is added to that  | 
| 269 | section, to read: | 
| 270 |      494.0011  Powers and duties of the commission and office.-- | 
| 271 |      (2)  The commission may has authority to adopt rules  | 
| 272 | pursuant to ss. 120.536(1) and 120.54 to implement ss. 494.001- | 
| 273 | 494.0077. The commission may adopt rules requiring to allow  | 
| 274 | electronic submission of any forms, documents, or fees required  | 
| 275 | by this act if such rules reasonably accommodate technological  | 
| 276 | or financial hardship. The commission may prescribe by rule  | 
| 277 | requirements and procedures for obtaining an exemption due to a  | 
| 278 | technological or financial hardship. The commission may also  | 
| 279 | adopt rules to accept certification of compliance with  | 
| 280 | requirements of this act in lieu of requiring submission of  | 
| 281 | documents. | 
| 282 |      (6)  The grant or denial of any license under this chapter  | 
| 283 | must be in accordance with s. 120.60. | 
| 284 |      Section 3.  Subsection (4) of section 494.0016, Florida  | 
| 285 | Statutes, is amended to read: | 
| 286 |      494.0016  Books, accounts, and records; maintenance;  | 
| 287 | examinations by the office.-- | 
| 288 |      (4)  The commission may prescribe by rule the minimum  | 
| 289 | information to be shown in the books, accounts, records, and  | 
| 290 | documents of licensees so that such records will enable the  | 
| 291 | office to determine the licensee's compliance with ss. 494.001- | 
| 292 | 494.0077. In addition, the commission may prescribe by rule  | 
| 293 | requirements for the destruction of books, accounts, records,  | 
| 294 | and documents retained by the licensee after completion of the  | 
| 295 | time period specified in subsection (3). | 
| 296 |      Section 4.  Section 494.0029, Florida Statutes, is amended  | 
| 297 | to read: | 
| 298 |      494.0029  Mortgage business schools.-- | 
| 299 |      (1)(a)  Each person, school, or institution, except  | 
| 300 | accredited colleges, universities, community colleges, and  | 
| 301 | career centers in this state, which offers or conducts mortgage  | 
| 302 | business training for the purpose of meeting professional  | 
| 303 | continuing education requirements or as a condition precedent to  | 
| 304 | licensure as a mortgage broker, mortgage or lender, or a  | 
| 305 | correspondent mortgage lender must shall obtain a permit from  | 
| 306 | the office to operate as a mortgage business school before  | 
| 307 | offering or conducting mortgage business training and must abide  | 
| 308 | by the regulations imposed upon such person, school, or  | 
| 309 | institution by this chapter and rules adopted pursuant to this  | 
| 310 | chapter. The commission may require by rule that each applicant  | 
| 311 | for a mortgage business school permit provide any information  | 
| 312 | reasonably necessary to determine the applicant's eligibility.  | 
| 313 | Each person, school, or institution that applies for a permit  | 
| 314 | under this section must do so on forms adopted by the commission  | 
| 315 | by rule The commission shall, by rule, recertify the permits  | 
| 316 | annually with initial and renewal permit fees that do not exceed  | 
| 317 | $500 plus the cost of accreditation. | 
| 318 |      (b)  An application is considered received for purposes of  | 
| 319 | s. 120.60 upon receipt of a completed application form as  | 
| 320 | prescribed by commission rule, a nonrefundable application fee  | 
| 321 | of $500, the cost of accreditation as defined by commission  | 
| 322 | rule, and any other fee prescribed by law. | 
| 323 |      (c)  A permit issued under this section is not transferable  | 
| 324 | or assignable. | 
| 325 |      (d)  Each permitted mortgage business school shall report,  | 
| 326 | on a form prescribed by the commission, any change in the  | 
| 327 | information contained in the initial application form or any  | 
| 328 | amendment to such form not later than 30 days after the change  | 
| 329 | is effective. | 
| 330 |      (e)  A permit issued under this section expires on  | 
| 331 | September 30th of each year. The office shall recertify a permit  | 
| 332 | annually upon submission of information the commission requires  | 
| 333 | by rule, together with a nonrefundable permit fee of $500, and  | 
| 334 | the cost of accreditation as defined by commission rule, which  | 
| 335 | shall be for the annual period beginning October 1 of each year. | 
| 336 |      (2)  All such schools shall maintain curriculum and  | 
| 337 | training materials necessary to determine the school's  | 
| 338 | compliance with this chapter and rules adopted pursuant to this  | 
| 339 | chapter. Any school that offers or conducts mortgage business  | 
| 340 | training shall at all times maintain an operation of training,  | 
| 341 | materials, and curriculum which is open to review by the office  | 
| 342 | to determine compliance and competency as a mortgage business  | 
| 343 | school. | 
| 344 |      (2)(3)(a)  It is unlawful for any such person, school, or  | 
| 345 | institution to offer or conduct mortgage business courses,  | 
| 346 | regardless of the number of pupils, without first procuring a  | 
| 347 | permit or to guarantee that the pupils will pass any mortgage  | 
| 348 | business examination given on behalf of the office or to  | 
| 349 | represent that the issuance of a permit is any recommendation or  | 
| 350 | endorsement of the person, school, or institution to which it is  | 
| 351 | issued or of any course of instruction given thereunder. Any  | 
| 352 | person who violates this paragraph commits a misdemeanor of the  | 
| 353 | second degree, punishable as provided in s. 775.082 or s.  | 
| 354 | 775.083. | 
| 355 |      (b)  The location of classes and the frequency of class  | 
| 356 | meetings shall be in the discretion of the school offering the  | 
| 357 | courses, if such courses conform to this chapter and related  | 
| 358 | rules adopted by the commission. | 
| 359 |      (c)  A mortgage business school may not use advertising of  | 
| 360 | any nature which is false, inaccurate, misleading, or  | 
| 361 | exaggerated. Publicity and advertising of a mortgage business  | 
| 362 | school, or of its representative, shall be based upon relevant  | 
| 363 | facts and supported by evidence establishing their truth. | 
| 364 |      (d)  A representative of a mortgage business school subject  | 
| 365 | to the provisions of this chapter may not promise or guarantee  | 
| 366 | employment or placement of any pupil or prospective pupil, using  | 
| 367 | information, training, or skill purported to be provided or  | 
| 368 | otherwise enhanced by a course or school as inducement to enroll  | 
| 369 | in the school, unless such person offers the pupil or  | 
| 370 | prospective pupil a bona fide contract of employment. | 
| 371 |      (e)  A school shall advertise only as a school and under  | 
| 372 | the permitted name of such school as recognized by the office. | 
| 373 |      (f)  Reference may not be made in any publication or  | 
| 374 | communication medium as to a pass/fail ratio on mortgage  | 
| 375 | business examinations by any school permitted by the office. | 
| 376 |      (3)  Each person, school, or institution that is required  | 
| 377 | to be permitted as a mortgage business school under this section  | 
| 378 | shall maintain and make available for the office's review,  | 
| 379 | inspection, and observation any training, curriculum, and  | 
| 380 | training materials necessary for the office to determine  | 
| 381 | compliance with this chapter and the rules adopted under this  | 
| 382 | chapter. All documents prescribed by commission rule must be  | 
| 383 | submitted with the initial application or recertification. | 
| 384 |      (4)  Each person, school, or institution that is required  | 
| 385 | to be permitted as a mortgage business school under this section  | 
| 386 | must provide electronic notification to the office, in a manner  | 
| 387 | prescribed by commission rule, of any pupils who have  | 
| 388 | successfully completed the 24-hour prelicensure classroom  | 
| 389 | instruction for mortgage brokers and principal representatives  | 
| 390 | and any pupils who have completed the 14-hour professional  | 
| 391 | continuing education for mortgage brokers. | 
| 392 |      Section 5.  Section 494.00295, Florida Statutes, is amended  | 
| 393 | to read: | 
| 394 |      494.00295  Professional continuing education.-- | 
| 395 |      (1)  Mortgage brokers, and the principal representatives  | 
| 396 | and loan originators of a mortgage lender, correspondent  | 
| 397 | mortgage lender, or mortgage lender pursuant to s. 494.0065,  | 
| 398 | must successfully complete at least 14 hours of professional  | 
| 399 | continuing education covering primary and subordinate mortgage  | 
| 400 | financing transactions and the provisions of this chapter during  | 
| 401 | the 2-year period immediately preceding the renewal deadline for  | 
| 402 | a mortgage broker, mortgage lender, correspondent mortgage  | 
| 403 | lender, or mortgage lender pursuant to s. 494.0065. At the time  | 
| 404 | of license renewal, a licensee must certify to the office that  | 
| 405 | the professional continuing education requirements of this  | 
| 406 | section have been met. Licensees shall maintain records  | 
| 407 | documenting compliance with this subsection for a period of 4  | 
| 408 | years. The requirements for professional continuing education  | 
| 409 | are waived for the license renewal of a mortgage broker for the  | 
| 410 | biennial license period immediately following the period in  | 
| 411 | which the person became licensed as a mortgage broker. The  | 
| 412 | requirements for professional continuing education for a  | 
| 413 | principal representative are waived for the license renewal of a  | 
| 414 | mortgage lender, correspondent mortgage lender, or mortgage  | 
| 415 | lender pursuant to s. 494.0065 for the biennial license period  | 
| 416 | immediately following the period in which the principal  | 
| 417 | representative completed the 24 hours of classroom education and  | 
| 418 | passed a written test in order to qualify to be a principal  | 
| 419 | representative Each mortgage broker, mortgage lender, and  | 
| 420 | correspondent mortgage lender must certify to the office at the  | 
| 421 | time of renewal that during the 2 years prior to an application  | 
| 422 | for license renewal, all mortgage brokers and the principal  | 
| 423 | representative, loan originators, and associates of a mortgage  | 
| 424 | lender or correspondent mortgage lender have successfully  | 
| 425 | completed at least 14 hours of professional education programs  | 
| 426 | covering primary and subordinate mortgage financing transactions  | 
| 427 | and the provisions of this chapter. Licensees shall maintain  | 
| 428 | records documenting compliance with this subsection for a period  | 
| 429 | of 4 years. | 
| 430 |      (2)  Professional continuing education programs must  | 
| 431 | contribute directly to the professional competency of the  | 
| 432 | participants, may only be offered by permitted mortgage business  | 
| 433 | schools or entities specifically exempted from permitting as  | 
| 434 | mortgage business schools, and may include electronically  | 
| 435 | transmitted or distance education courses. | 
| 436 |      (3)  The commission shall adopt rules necessary to  | 
| 437 | administer this section, including rules governing qualifying  | 
| 438 | hours for professional continuing education programs and  | 
| 439 | standards for electronically transmitted or distance education  | 
| 440 | courses, including course completion requirements. | 
| 441 |      Section 6.  Paragraphs (b) and (c) of subsection (1) and  | 
| 442 | paragraph (e) of subsection (2) of section 494.003, Florida  | 
| 443 | Statutes, are amended to read: | 
| 444 |      494.003  Exemptions.-- | 
| 445 |      (1)  None of the following persons is subject to the  | 
| 446 | requirements of ss. 494.003-494.0043: | 
| 447 |      (b)  A state or federal chartered bank, bank holding  | 
| 448 | company, trust company, savings and loan association, savings  | 
| 449 | bank or, credit union, bank holding company regulated under the  | 
| 450 | laws of any state or the United States, or consumer finance  | 
| 451 | company licensed pursuant to chapter 516. | 
| 452 |      (c)  A wholly owned bank holding company subsidiary or a  | 
| 453 | wholly owned savings and loan association holding company  | 
| 454 | subsidiary formed and regulated under the laws of any state or  | 
| 455 | the United States that is approved or certified by the  | 
| 456 | Department of Housing and Urban Development, the Veterans  | 
| 457 | Administration, the Government National Mortgage Association,  | 
| 458 | the Federal National Mortgage Association, or the Federal Home  | 
| 459 | Loan Mortgage Corporation. | 
| 460 |      (2)  None of the following persons is required to be  | 
| 461 | licensed under ss. 494.003-494.0043: | 
| 462 |      (e)  A wholly owned subsidiary of a state or federal  | 
| 463 | chartered bank or savings and loan association the sole activity  | 
| 464 | of which is to distribute the lending programs of such state or  | 
| 465 | federal chartered bank or savings and loan association to  | 
| 466 | persons who arrange loans for, or make loans to, borrowers. | 
| 467 |      Section 7.  Section 494.0031, Florida Statutes, is amended  | 
| 468 | to read: | 
| 469 |      494.0031  Licensure as a mortgage brokerage business.-- | 
| 470 |      (1)  Each person who acts as a mortgage brokerage business  | 
| 471 | must be licensed under this section unless otherwise exempt from  | 
| 472 | licensure. | 
| 473 |      (2)(1)  Each initial application for a mortgage brokerage  | 
| 474 | business license must be in the form prescribed by rule of the  | 
| 475 | commission. The commission may require each applicant to provide  | 
| 476 | any information reasonably necessary to determine the  | 
| 477 | applicant's eligibility for licensure. The office shall issue a  | 
| 478 | mortgage brokerage business license to each person who: | 
| 479 |      (a)  Has submitted a completed application form and a  | 
| 480 | nonrefundable application fee of $425. An application is  | 
| 481 | considered received for purposes of s. 120.60 upon receipt of a  | 
| 482 | completed application form as prescribed by commission rule, a  | 
| 483 | nonrefundable application fee of $425, and any other fee  | 
| 484 | prescribed by law.; and | 
| 485 |      (b)  Has a qualified principal broker pursuant to s.  | 
| 486 | 494.0035. | 
| 487 |      (c)(2)  Has provided a complete set of fingerprints as the  | 
| 488 | commission may require by rule for that each officer, director,  | 
| 489 | control person, member, partner, or joint venturer of the  | 
| 490 | applicant and each ultimate equitable owner of a 10-percent or  | 
| 491 | greater interest in the mortgage brokerage business. A  | 
| 492 | fingerprint card submitted to the office must be submit a  | 
| 493 | complete set of fingerprints taken by an authorized law  | 
| 494 | enforcement agency officer. The office shall submit the  | 
| 495 | fingerprints to the Department of Law Enforcement for state  | 
| 496 | processing and the Department of Law Enforcement shall forward  | 
| 497 | the fingerprints to the Federal Bureau of Investigation for  | 
| 498 | federal processing. The cost of the fingerprint processing may  | 
| 499 | be borne by the office, the employer, or the person subject to  | 
| 500 | the background check. The Department of Law Enforcement shall  | 
| 501 | submit an invoice to the office for the fingerprints received  | 
| 502 | each month. The office shall screen the background results to  | 
| 503 | determine if the applicant meets licensure requirements. | 
| 504 |      (d)  Has provided information that the commission requires  | 
| 505 | by rule concerning any designated principal mortgage broker; any  | 
| 506 | officer, director, control person, member, partner, or joint  | 
| 507 | venturer of the applicant; or any individual who is the ultimate  | 
| 508 | equitable owner of a 10-percent or greater interest in the  | 
| 509 | mortgage brokerage business. The commission may require  | 
| 510 | information about any such applicant or person, including, but  | 
| 511 | not limited to, his or her full name or other names by which he  | 
| 512 | or she may have been known, age, social security number,  | 
| 513 | qualifications, educational and business history, and  | 
| 514 | disciplinary and criminal history. | 
| 515 |      (3)  Notwithstanding the provisions of subsection (2) (1),  | 
| 516 | it is a ground for denial of licensure if the applicant;  | 
| 517 | designated principal mortgage broker; any officer, director,  | 
| 518 | control person, member, partner, or joint venturer of the  | 
| 519 | applicant; any natural person owning a 10-percent or greater  | 
| 520 | interest in the mortgage brokerage business; or any individual  | 
| 521 | natural person who is the ultimate equitable owner of a 10- | 
| 522 | percent or greater interest in the mortgage brokerage business  | 
| 523 | has committed any violation specified in ss. 494.001-494.0077 or  | 
| 524 | has pending against him or her in any jurisdiction any criminal  | 
| 525 | prosecution or administrative enforcement action that, in any  | 
| 526 | jurisdiction, which involves fraud, dishonest dealing, or any  | 
| 527 | other act of moral turpitude. | 
| 528 |      (4)  A mortgage brokerage business or branch office license  | 
| 529 | may be canceled if it was issued through mistake or inadvertence  | 
| 530 | of the office. A notice of cancellation must be issued by the  | 
| 531 | office within 90 days after the issuance of the license. A  | 
| 532 | notice of cancellation is shall be effective upon receipt. The  | 
| 533 | notice of cancellation must shall provide the applicant with  | 
| 534 | notification of the right to request a hearing within 21 days  | 
| 535 | after the applicant's receipt of the notice of cancellation. A  | 
| 536 | license must shall be reinstated if the applicant can  | 
| 537 | demonstrate that the requirements for obtaining the license  | 
| 538 | under pursuant to this chapter have been satisfied. | 
| 539 |      (5)  If an initial mortgage brokerage business or branch  | 
| 540 | office license has been issued but the check upon which the  | 
| 541 | license is based is returned due to insufficient funds, the  | 
| 542 | license shall be deemed canceled. A license deemed canceled  | 
| 543 | pursuant to this subsection shall be reinstated if the office  | 
| 544 | receives a certified check for the appropriate amount within 30  | 
| 545 | days after the date the check was returned due to insufficient  | 
| 546 | funds. | 
| 547 |      Section 8.  Subsection (1) of section 494.0032, Florida  | 
| 548 | Statutes, is amended to read: | 
| 549 |      494.0032  Renewal of mortgage brokerage business license or  | 
| 550 | branch office license.-- | 
| 551 |      (1)  The office shall renew a mortgage brokerage business  | 
| 552 | license upon receipt of a completed renewal form and payment of  | 
| 553 | a nonrefundable renewal fee of $375. Each licensee shall pay at  | 
| 554 | the time of renewal a nonrefundable renewal fee of $225 for the  | 
| 555 | renewal of each branch office license. The license for a branch  | 
| 556 | office must be renewed in conjunction with the renewal of the  | 
| 557 | mortgage brokerage business license. | 
| 558 |      Section 9.  Subsections (1), (2), and (7) of section  | 
| 559 | 494.0033, Florida Statutes, are amended to read: | 
| 560 |      494.0033  Mortgage broker's license.-- | 
| 561 |      (1)  Each natural person who acts as a mortgage broker for  | 
| 562 | a mortgage brokerage business or acts as an associate for a  | 
| 563 | mortgage lender or correspondent mortgage lender must be  | 
| 564 | licensed under pursuant to this section. To act as a mortgage  | 
| 565 | broker, an individual must be an associate of a mortgage  | 
| 566 | brokerage business, a mortgage lender, or a correspondent  | 
| 567 | mortgage lender. A mortgage broker may not be is prohibited from  | 
| 568 | being an associate of more than one mortgage brokerage business,  | 
| 569 | mortgage lender, or correspondent mortgage lender. | 
| 570 |      (2)  Each initial application for a mortgage broker's  | 
| 571 | license must be in the form prescribed by rule of the  | 
| 572 | commission. The commission may require each applicant to provide  | 
| 573 | any information reasonably necessary to make a determination of  | 
| 574 | the applicant's eligibility for licensure. The office shall  | 
| 575 | issue an initial license to any natural person who: | 
| 576 |      (a)  Is at least 18 years of age.; | 
| 577 |      (b)  Has passed a written test adopted and administered by  | 
| 578 | the office, or has passed an electronic test adopted and  | 
| 579 | administered by the office or a third party approved by the  | 
| 580 | office, which is designed to determine competency in primary and  | 
| 581 | subordinate mortgage financing transactions as well as to test  | 
| 582 | knowledge of ss. 494.001-494.0077 and the rules adopted pursuant  | 
| 583 | thereto. The commission may prescribe by rule an additional fee  | 
| 584 | that may not exceed $100 for the electronic version of the  | 
| 585 | mortgage broker test. The commission may waive by rule the  | 
| 586 | examination requirement for any person who has passed a test  | 
| 587 | approved by the Conference of State Bank Supervisors, the  | 
| 588 | American Association of Residential Mortgage Regulators, or the  | 
| 589 | United States Department of Housing and Urban Development if the  | 
| 590 | test covers primary and subordinate mortgage financing  | 
| 591 | transactions.; | 
| 592 |      (c)  Has submitted a completed application and a  | 
| 593 | nonrefundable application fee of $200. An application is  | 
| 594 | considered received for purposes of s. 120.60 upon receipt of a  | 
| 595 | completed application form as prescribed by commission rule, a  | 
| 596 | nonrefundable application fee of $200, and any other fee  | 
| 597 | prescribed by law. The commission may set by rule an additional  | 
| 598 | fee for a retake of the examination; and | 
| 599 |      (d)  Has filed a complete set of fingerprints, taken by an  | 
| 600 | authorized law enforcement officer, for submission by the office  | 
| 601 | to the Department of Law Enforcement or the Federal Bureau of  | 
| 602 | Investigation for processing. A fingerprint card submitted to  | 
| 603 | the office must be taken by an authorized law enforcement  | 
| 604 | agency. The office shall submit the fingerprints to the  | 
| 605 | Department of Law Enforcement for state processing and the  | 
| 606 | Department of Law Enforcement shall forward the fingerprints to  | 
| 607 | the Federal Bureau of Investigation for federal processing. The  | 
| 608 | cost of the fingerprint processing may be borne by the office,  | 
| 609 | the employer, or the person subject to the background check. The  | 
| 610 | Department of Law Enforcement shall submit an invoice to the  | 
| 611 | office for the fingerprints received each month. The office  | 
| 612 | shall screen the background results to determine if the  | 
| 613 | applicant meets licensure requirements. | 
| 614 | 
  | 
| 615 | The commission may require by rule information concerning any  | 
| 616 | such applicant or person, including, but not limited to, his or  | 
| 617 | her full name and any other names by which he or she may have  | 
| 618 | been known, age, social security number, qualifications and  | 
| 619 | educational and business history, and disciplinary and criminal  | 
| 620 | history. | 
| 621 |      (7)  If an initial mortgage broker license has been issued  | 
| 622 | but the check upon which the license is based is returned due to  | 
| 623 | insufficient funds, the license shall be deemed canceled. A  | 
| 624 | license deemed canceled pursuant to this subsection shall be  | 
| 625 | reinstated if the office receives a certified check for the  | 
| 626 | appropriate amount within 30 days after the date the check was  | 
| 627 | returned due to insufficient funds. | 
| 628 |      Section 10.  Subsections (2) and (3) of section 494.0036,  | 
| 629 | Florida Statutes, are amended to read: | 
| 630 |      494.0036  Mortgage brokerage business branch offices.-- | 
| 631 |      (2)  The office shall issue a mortgage brokerage business  | 
| 632 | branch office license to a mortgage brokerage business licensee  | 
| 633 | after the office determines that the licensee has submitted upon  | 
| 634 | receipt of a completed application for a branch office in a form  | 
| 635 | as prescribed by commission rule and payment of an initial  | 
| 636 | nonrefundable branch office license fee of $225. Branch office  | 
| 637 | licenses must be renewed in conjunction with the renewal of the  | 
| 638 | mortgage brokerage business license. The branch office license  | 
| 639 | shall be issued in the name of the mortgage brokerage business  | 
| 640 | that maintains the branch office. An application is considered  | 
| 641 | received for purposes of s. 120.60 upon receipt of a completed  | 
| 642 | application form as prescribed by commission rule, a  | 
| 643 | nonrefundable application fee of $225, and any other fee  | 
| 644 | prescribed by law. | 
| 645 |      (3)  Each branch office must prominently display the  | 
| 646 | license issued for such branch office. Each person licensed as a  | 
| 647 | mortgage broker must prominently display his or her license in  | 
| 648 | the office where such person acts as a mortgage broker. | 
| 649 |      Section 11.  Section 494.0039, Florida Statutes, is amended  | 
| 650 | to read: | 
| 651 |      494.0039  Principal place of business requirements.-- | 
| 652 |      (1)  Each mortgage brokerage business licensee shall  | 
| 653 | maintain and transact business from a principal place of  | 
| 654 | business. | 
| 655 |      (2)  A licensee under ss. 494.003-494.0043 shall report any  | 
| 656 | change of address of the principal place of business or any  | 
| 657 | branch office within 15 days after the change. | 
| 658 |      (3)  Each mortgage brokerage business must prominently  | 
| 659 | display its license at the principal place of business. Each  | 
| 660 | licensed mortgage broker must prominently display his or her  | 
| 661 | license in the office where such person acts as a mortgage  | 
| 662 | broker. | 
| 663 |      Section 12.  Section 494.004, Florida Statutes, is amended  | 
| 664 | to read: | 
| 665 |      494.004  Requirements of licensees.-- | 
| 666 |      (1)  Each licensee under ss. 494.003-494.0043 shall report,  | 
| 667 | in writing, any conviction of, or plea of nolo contendere to,  | 
| 668 | regardless of adjudication, any crime or administrative  | 
| 669 | violation that involves fraud, dishonest dealing, or any other  | 
| 670 | act of moral turpitude, in any jurisdiction, by the licensee or  | 
| 671 | any natural person named in s. 494.0031(2)(d)(3), not later than  | 
| 672 | 30 days after the date of conviction, entry of a plea of nolo  | 
| 673 | contendere, or final administrative action. | 
| 674 |      (2)  Each licensee under ss. 494.003-494.0043 shall report,  | 
| 675 | in a form prescribed by rule of the commission, any conviction  | 
| 676 | of, or plea of nolo contendere to, regardless of whether  | 
| 677 | adjudication is withheld, any felony committed by the licensee  | 
| 678 | or any natural person named in s. 494.0031(2)(d)(3), not later  | 
| 679 | than 30 days after the date of conviction or the date the plea  | 
| 680 | of nolo contendere is entered. | 
| 681 |      (3)  Each licensee under ss. 494.003-494.0043 shall report  | 
| 682 | any action in bankruptcy, voluntary or involuntary, to the  | 
| 683 | office not later than 7 business days after the action is  | 
| 684 | instituted. | 
| 685 |      (4)  Each licensee under ss. 494.003-494.0043 shall report  | 
| 686 | on a form prescribed by rule of the commission any change to the  | 
| 687 | information contained in any initial application form or any  | 
| 688 | amendment to the application any change in the form of business  | 
| 689 | organization or any change of a person named, pursuant to s.  | 
| 690 | 494.0031(3), to the office in writing not later than 30 days  | 
| 691 | after the change is effective. | 
| 692 |      (5)  A license issued under ss. 494.003-494.0043 is not  | 
| 693 | transferable or assignable. | 
| 694 |      (6)  Each licensee under ss. 494.003-494.0043 shall report  | 
| 695 | any change in the principal broker, partners, officers, members,  | 
| 696 | joint venturers, directors, control persons of any licensee, or  | 
| 697 | any individual who is the ultimate equitable owner of a 10- | 
| 698 | percent or greater interest in the licensee, or any change in  | 
| 699 | the form of business organization, by written amendment in the  | 
| 700 | form and at the time the commission specifies by rule. | 
| 701 |      (a)  In any case in which a person or a group of persons,  | 
| 702 | directly or indirectly or acting by or through one or more  | 
| 703 | persons, proposes to purchase or acquire a controlling interest  | 
| 704 | in a licensee, such person or group shall submit an initial  | 
| 705 | application for licensure as a mortgage brokerage business  | 
| 706 | before such purchase or acquisition and at the time and in the  | 
| 707 | form the commission prescribes by rule. | 
| 708 |      (b)  As used in this subsection, the term "controlling  | 
| 709 | interest" means possession of the power to direct or cause the  | 
| 710 | direction of the management or policies of a company whether  | 
| 711 | through ownership of securities, by contract, or otherwise. Any  | 
| 712 | person who directly or indirectly has the right to vote 25  | 
| 713 | percent or more of the voting securities of a company or is  | 
| 714 | entitled to 25 percent or more of the company's profits is  | 
| 715 | presumed to possess a controlling interest. | 
| 716 |      (c)  Any addition of a partner, officer, member, joint  | 
| 717 | venturer, director, control person, or ultimate equitable owner  | 
| 718 | of the applicant who does not have a controlling interest and  | 
| 719 | who has not previously complied with the provisions of s.  | 
| 720 | 494.0031(2)(c) and (d) is subject to such provisions unless  | 
| 721 | required to file an initial application in accordance with  | 
| 722 | paragraph (a). If the office finds that the licensee does not  | 
| 723 | continue to meet licensure requirements, the office may bring an  | 
| 724 | administrative action in accordance with s. 494.0041 to enforce  | 
| 725 | the provisions of this chapter. | 
| 726 |      (d)  The commission shall adopt rules pursuant to ss.  | 
| 727 | 120.536(1) and 120.54 providing for the waiver of the  | 
| 728 | application required by this subsection if the person or group  | 
| 729 | of persons proposing to purchase or acquire a controlling  | 
| 730 | interest in a licensee has previously complied with the  | 
| 731 | provisions of s. 494.0031(2)(c) and (d) with respect to the same  | 
| 732 | legal entity or is currently licensed by the office under this  | 
| 733 | chapter. | 
| 734 |      (7)(6)  On or before April 30, 2000, each mortgage  | 
| 735 | brokerage business shall file an initial report stating the  | 
| 736 | name, social security number, date of birth, mortgage broker  | 
| 737 | license number, date of hire and, if applicable, date of  | 
| 738 | termination for each person who was an associate of the mortgage  | 
| 739 | brokerage business during the immediate preceding quarter.  | 
| 740 | Thereafter, a mortgage brokerage business shall file a quarterly  | 
| 741 | report only if a person became an associate or ceased to be an  | 
| 742 | associate of the mortgage brokerage business during the  | 
| 743 | immediate preceding quarter. Such report shall be filed within  | 
| 744 | 30 days after the last day of each calendar quarter and shall  | 
| 745 | contain the name, social security number, date of birth,  | 
| 746 | mortgage broker license number, date of hire and, if applicable,  | 
| 747 | the date of termination of each person who became or ceased to  | 
| 748 | be an associate of the mortgage brokerage business during the  | 
| 749 | immediate preceding quarter. The commission shall prescribe, by  | 
| 750 | rule, the procedures for filing reports required by this  | 
| 751 | subsection. | 
| 752 |      Section 13.  Paragraphs (s), (t), and (u) are added to  | 
| 753 | subsection (2) of section 494.0041, Florida Statutes, and  | 
| 754 | subsection (3) of that section is amended, to read: | 
| 755 |      494.0041  Administrative penalties and fines; license  | 
| 756 | violations.-- | 
| 757 |      (2)  Each of the following acts constitutes a ground for  | 
| 758 | which the disciplinary actions specified in subsection (1) may  | 
| 759 | be taken: | 
| 760 |      (s)  Payment to the office for a license or permit with a  | 
| 761 | check or electronic transmission of funds that is dishonored by  | 
| 762 | the applicant's or licensee's financial institution. | 
| 763 |      (t)  Having a final judgment entered against the applicant  | 
| 764 | or licensee in a civil action upon grounds of fraud,  | 
| 765 | embezzlement, misrepresentation, or deceit. | 
| 766 |      (u)1.  Having been the subject of any decision, finding,  | 
| 767 | injunction, suspension, prohibition, revocation, denial,  | 
| 768 | judgment, or administrative order by any court of competent  | 
| 769 | jurisdiction, administrative law judge, state or federal agency,  | 
| 770 | national securities exchange, national commodities exchange,  | 
| 771 | national option exchange, national securities association,  | 
| 772 | national commodities association, or national option association  | 
| 773 | involving a violation of any federal or state securities or  | 
| 774 | commodities law or rule or regulation adopted under such law or  | 
| 775 | involving a violation of any rule or regulation of any national  | 
| 776 | securities, commodities, or options exchange or association. | 
| 777 |      2.  Having been the subject of any injunction or adverse  | 
| 778 | administrative order by a state or federal agency regulating  | 
| 779 | banking, insurance, finance or small loan companies, real  | 
| 780 | estate, mortgage brokers or lenders, money transmitters, or  | 
| 781 | other related or similar industries. | 
| 782 |      (3)  A mortgage brokerage business is subject to the  | 
| 783 | disciplinary actions specified in subsection (1) for a violation  | 
| 784 | of subsection (2) by any officer, member, director, control  | 
| 785 | person, joint venturer, partner, ultimate equitable owner of a  | 
| 786 | 10-percent or greater interest in the mortgage brokerage  | 
| 787 | business, or associate mortgage broker of the licensee. | 
| 788 |      Section 14.  Paragraphs (a) and (c) of subsection (1) and  | 
| 789 | paragraph (a) of subsection (2) of section 494.006, Florida  | 
| 790 | Statutes, are amended to read: | 
| 791 |      494.006  Exemptions.-- | 
| 792 |      (1)  None of the following persons are subject to the  | 
| 793 | requirements of ss. 494.006-494.0077 in order to act as a  | 
| 794 | mortgage lender or correspondent mortgage lender: | 
| 795 |      (a)  A state or federal chartered bank, bank holding  | 
| 796 | company, trust company, savings and loan association, savings  | 
| 797 | bank or, credit union, bank holding company regulated under the  | 
| 798 | laws of any state or the United States, or insurance company if  | 
| 799 | the insurance company is duly licensed in this state. | 
| 800 |      (c)  A wholly owned bank holding company subsidiary or a  | 
| 801 | wholly owned savings and loan association holding company  | 
| 802 | subsidiary that is formed and regulated under the laws of any  | 
| 803 | state or the United States and that is approved or certified by  | 
| 804 | the Department of Housing and Urban Development, the Veterans  | 
| 805 | Administration, the Government National Mortgage Association,  | 
| 806 | the Federal National Mortgage Association, or the Federal Home  | 
| 807 | Loan Mortgage Corporation. | 
| 808 |      (2)(a)  A natural person employed by a mortgage lender or  | 
| 809 | correspondent mortgage lender licensed under ss. 494.001- | 
| 810 | 494.0077 is exempt from the licensure requirements of ss.  | 
| 811 | 494.001-494.0077 when acting within the scope of employment with  | 
| 812 | the licensee. | 
| 813 |      Section 15.  Section 494.0061, Florida Statutes, is amended  | 
| 814 | to read: | 
| 815 |      494.0061  Mortgage lender's license requirements.-- | 
| 816 |      (1)  Each person who acts as a mortgage lender must be  | 
| 817 | licensed under this section unless otherwise exempt from  | 
| 818 | licensure. | 
| 819 |      (2)(1)  Each initial application for a mortgage lender  | 
| 820 | license must be in the form prescribed by rule of the  | 
| 821 | commission. The commission or office may require each applicant  | 
| 822 | for a mortgage lender license to provide any information  | 
| 823 | reasonably necessary to make a determination of the applicant's  | 
| 824 | eligibility for licensure. The office shall issue an initial  | 
| 825 | mortgage lender license to any person that submits: | 
| 826 |      (a)  A completed application form.; | 
| 827 |      (b)  A nonrefundable application fee of $575. An  | 
| 828 | application is considered received for purposes of s. 120.60  | 
| 829 | upon receipt of a completed application form as prescribed by  | 
| 830 | commission rule, a nonrefundable application fee of $575, and  | 
| 831 | any other fee prescribed by law.; | 
| 832 |      (c)  Audited financial statements, which documents disclose  | 
| 833 | that the applicant has a bona fide and verifiable net worth,  | 
| 834 | pursuant to United States generally accepted accounting  | 
| 835 | principles, of at least $250,000, which must be continuously  | 
| 836 | maintained as a condition of licensure.; | 
| 837 |      (d)  A surety bond in the amount of $10,000, payable to the  | 
| 838 | state and conditioned upon compliance with ss. 494.001-494.0077,  | 
| 839 | which inures to the office and which must be continuously  | 
| 840 | maintained thereafter in full force.; | 
| 841 |      (e)  Documentation that the applicant is duly incorporated,  | 
| 842 | registered, or otherwise formed as a general partnership,  | 
| 843 | limited partnership, limited liability company, or other lawful  | 
| 844 | entity under the laws of this state or another state of the  | 
| 845 | United States.; and | 
| 846 |      (f)  For applications submitted after October 1, 2001,  | 
| 847 | Proof that the applicant's principal representative has  | 
| 848 | completed 24 hours of classroom instruction in primary and  | 
| 849 | subordinate financing transactions and in the provisions of this  | 
| 850 | chapter and rules adopted under this chapter. This requirement  | 
| 851 | is satisfied if the principal representative has continuously  | 
| 852 | served in the capacity of a principal representative for a  | 
| 853 | licensed entity under this chapter for at least 1 year and has  | 
| 854 | not had a lapse in designation as a principal representative of  | 
| 855 | more than 2 years before the date of the submission of the  | 
| 856 | application or amendment in the case of a change in the  | 
| 857 | principal representative. This requirement is also satisfied if  | 
| 858 | the principal representative currently holds an active license  | 
| 859 | as a mortgage broker in this state. | 
| 860 |      (g)  A complete set of fingerprints as the commission  | 
| 861 | requires by rule for the designated principal representative and  | 
| 862 | each officer, director, control person, member, partner, or  | 
| 863 | joint venturer of the applicant and ultimate equitable owner of  | 
| 864 | a 10-percent or greater interest in the applicant. A fingerprint  | 
| 865 | card submitted to the office must be taken by an authorized law  | 
| 866 | enforcement agency. The office shall submit the fingerprints to  | 
| 867 | the Department of Law Enforcement for state processing and the  | 
| 868 | Department of Law Enforcement shall forward the fingerprints to  | 
| 869 | the Federal Bureau of Investigation for federal processing. The  | 
| 870 | cost for the fingerprint processing may be borne by the office,  | 
| 871 | the employer, or the person subject to the background check. The  | 
| 872 | Department of Law Enforcement shall submit an invoice to the  | 
| 873 | office for the fingerprints received each month. The office  | 
| 874 | shall screen the background results to determine if the  | 
| 875 | applicant meets licensure requirements. | 
| 876 |      (h)  Information the commission requires by rule concerning  | 
| 877 | any designated principal representative; any officer, director,  | 
| 878 | control person, member, partner, or joint venturer of the  | 
| 879 | applicant or any person having the same or substantially similar  | 
| 880 | status or performing substantially similar functions; or any  | 
| 881 | natural person who is the ultimate equitable owner of a 10- | 
| 882 | percent or greater interest in the mortgage lender. The  | 
| 883 | commission may require information concerning any such applicant  | 
| 884 | or person, including, but not limited to, his or her full name  | 
| 885 | and any other names by which he or she may have been known,  | 
| 886 | social security number, age, qualifications and educational and  | 
| 887 | business history, and disciplinary and criminal history. | 
| 888 |      (3)(2)  Notwithstanding the provisions of subsection (2)  | 
| 889 | (1), it is a ground for denial of licensure if the applicant;  | 
| 890 | designated principal representative;, any principal officer, or  | 
| 891 | director, control person, member, partner, or joint venturer of  | 
| 892 | the applicant;, or any natural person owning a 10-percent or  | 
| 893 | greater interest in the applicant;, or any natural person who is  | 
| 894 | the ultimate equitable owner of a 10-percent or greater interest  | 
| 895 | in the applicant has committed any violation specified in s.  | 
| 896 | 494.0072, or has pending against her or him any criminal  | 
| 897 | prosecution or administrative enforcement action, in any  | 
| 898 | jurisdiction, which involves fraud, dishonest dealing, or any  | 
| 899 | act of moral turpitude. | 
| 900 |      (3)  Each initial application for a mortgage lender's  | 
| 901 | license must be in a form prescribed by the commission. The  | 
| 902 | commission or office may require each applicant to provide any  | 
| 903 | information reasonably necessary to make a determination of the  | 
| 904 | applicant's eligibility for licensure. The commission or office  | 
| 905 | may require that each officer, director, and ultimate equitable  | 
| 906 | owner of a 10-percent or greater interest in the applicant  | 
| 907 | submit a complete set of fingerprints taken by an authorized law  | 
| 908 | enforcement officer. | 
| 909 |      (4)  A person required to be licensed under ss. 494.006- | 
| 910 | 494.0077, or an agent or employee thereof, is deemed to have  | 
| 911 | consented to the venue of courts of competent jurisdiction in  | 
| 912 | this state regarding any matter within the authority of ss.  | 
| 913 | 494.001-494.0077 regardless of where an act or violation was  | 
| 914 | committed. | 
| 915 |      (5)  A license issued in accordance with ss. 494.006- | 
| 916 | 494.0077 is not transferable or assignable. | 
| 917 |      (6)  A mortgage lender or branch office license may be  | 
| 918 | canceled if it was issued through mistake or inadvertence of the  | 
| 919 | office. A notice of cancellation must be issued by the office  | 
| 920 | within 90 days after the issuance of the license. A notice of  | 
| 921 | cancellation shall be effective upon receipt. The notice of  | 
| 922 | cancellation shall provide the applicant with notification of  | 
| 923 | the right to request a hearing within 21 days after the  | 
| 924 | applicant's receipt of the notice of cancellation. A license  | 
| 925 | shall be reinstated if the applicant can demonstrate that the  | 
| 926 | requirements for obtaining the license under pursuant to this  | 
| 927 | chapter have been satisfied. | 
| 928 |      (7)  If an initial mortgage lender or branch office license  | 
| 929 | has been issued but the check upon which the license is based is  | 
| 930 | returned due to insufficient funds, the license shall be deemed  | 
| 931 | canceled. A license deemed canceled pursuant to this subsection  | 
| 932 | shall be reinstated if the office receives a certified check for  | 
| 933 | the appropriate amount within 30 days after the date the check  | 
| 934 | was returned due to insufficient funds. | 
| 935 |      (7)(8)  Each lender, regardless of the number of branches  | 
| 936 | it operates, shall designate a principal representative who  | 
| 937 | exercises control of the licensee's business and shall maintain  | 
| 938 | a form prescribed by the commission designating the principal  | 
| 939 | representative. If the form is not accurately maintained, the  | 
| 940 | business is considered to be operated by each officer, director,  | 
| 941 | or equitable owner of a 10-percent or greater interest in the  | 
| 942 | business. | 
| 943 |      (8)(9)  After October 1, 2001, An applicant's principal  | 
| 944 | representative must pass a written test prescribed by the  | 
| 945 | commission and administered by the office, or must pass an  | 
| 946 | electronic test prescribed by the commission and administered by  | 
| 947 | the office or a third party approved by the office, which covers  | 
| 948 | primary and subordinate mortgage financing transactions and the  | 
| 949 | provisions of this chapter and rules adopted under this chapter.  | 
| 950 | The commission may set a fee by rule, which may not exceed $100,  | 
| 951 | for the electronic version of the mortgage broker test. The  | 
| 952 | commission may waive by rule the examination requirement for any  | 
| 953 | person who has passed a test approved by the Conference of State  | 
| 954 | Bank Supervisors, the American Association of Residential  | 
| 955 | Mortgage Regulators, or the United States Department of Housing  | 
| 956 | and Urban Development if the test covers primary and subordinate  | 
| 957 | mortgage financing transactions. This requirement is satisfied  | 
| 958 | if the principal representative has continuously served in the  | 
| 959 | capacity of a principal representative for a licensed entity  | 
| 960 | under this chapter for at least 1 year and has not had a lapse  | 
| 961 | in designation as a principal representative of more than 2  | 
| 962 | years before the date of the submission of the application or  | 
| 963 | amendment in the case of a change in the principal  | 
| 964 | representative. This requirement is also satisfied if the  | 
| 965 | principal representative holds an active license as a mortgage  | 
| 966 | broker in this state. | 
| 967 |      (9)(10)  A lender shall notify the office of any change in  | 
| 968 | the designation of its principal representative within 30 days  | 
| 969 | after the change is effective. A new principal representative  | 
| 970 | shall satisfy the name and address of any new principal  | 
| 971 | representative and shall document that the person has completed  | 
| 972 | the educational and testing requirements of this section within  | 
| 973 | 90 days after being designated as upon the designation of a new  | 
| 974 | principal representative. This requirement is satisfied if the  | 
| 975 | principal representative has continuously served in the capacity  | 
| 976 | of a principal representative for a licensed entity under this  | 
| 977 | chapter for at least 1 year and has not had a lapse in  | 
| 978 | designation as a principal representative of more than 2 years  | 
| 979 | before the date of the submission of the application or  | 
| 980 | amendment in the case of a change in the principal  | 
| 981 | representative. This requirement is also satisfied if the  | 
| 982 | principal representative holds an active license as a mortgage  | 
| 983 | broker in this state. | 
| 984 |      Section 16.  Section 494.0062, Florida Statutes, is amended  | 
| 985 | to read: | 
| 986 |      494.0062  Correspondent mortgage lender's license  | 
| 987 | requirements.-- | 
| 988 |      (1)  Each person who acts as a correspondent mortgage  | 
| 989 | lender must be licensed under this section unless otherwise  | 
| 990 | exempt from licensure. | 
| 991 |      (2)(1)  Each initial application for a correspondent  | 
| 992 | mortgage lender's license must be in the form prescribed by rule  | 
| 993 | of the commission. The office may require each applicant to  | 
| 994 | provide any information reasonably necessary to determine the  | 
| 995 | applicant's eligibility for licensure. The office shall issue an  | 
| 996 | initial correspondent mortgage lender license to any person who  | 
| 997 | submits: | 
| 998 |      (a)  A completed application form.; | 
| 999 |      (b)  A nonrefundable application fee of $500. An  | 
| 1000 | application is considered received for purposes of s. 120.60  | 
| 1001 | upon receipt of a completed application form as prescribed by  | 
| 1002 | commission rule, a nonrefundable application fee of $500, and  | 
| 1003 | any other fee prescribed by law.; | 
| 1004 |      (c)  Audited financial statements that, which document that  | 
| 1005 | the applicant application has a bona fide and verifiable net  | 
| 1006 | worth pursuant to United States generally accepted accounting  | 
| 1007 | principles of $25,000 or more, which must be continuously  | 
| 1008 | maintained as a condition of licensure.; | 
| 1009 |      (d)  A surety bond in the amount of $10,000, payable to the  | 
| 1010 | State of Florida and conditioned upon compliance with ss.  | 
| 1011 | 494.001-494.0077, which inures to the office and which must be  | 
| 1012 | continuously maintained, thereafter, in full force.; | 
| 1013 |      (e)  Documentation that the applicant is duly incorporated,  | 
| 1014 | registered, or otherwise formed as a general partnership,  | 
| 1015 | limited partnership, limited liability company, or other lawful  | 
| 1016 | entity under the laws of this state or another state of the  | 
| 1017 | United States.; and | 
| 1018 |      (f)  For applications filed after October 1, 2001, Proof  | 
| 1019 | that the applicant's principal representative has completed 24  | 
| 1020 | hours of classroom instruction in primary and subordinate  | 
| 1021 | financing transactions and in the provisions of this chapter and  | 
| 1022 | rules enacted under this chapter. This requirement is satisfied  | 
| 1023 | if the principal representative has continuously served in the  | 
| 1024 | capacity of a principal representative for a licensed entity  | 
| 1025 | under this chapter for at least 1 year and has not had a lapse  | 
| 1026 | in designation as a principal representative of more than 2  | 
| 1027 | years before the date of the submission of the application or  | 
| 1028 | amendment in the case of a change in the principal  | 
| 1029 | representative. This requirement is also satisfied if the  | 
| 1030 | principal representative holds an active license as a mortgage  | 
| 1031 | broker in this state. | 
| 1032 |      (g)  A complete set of fingerprints as the commission  | 
| 1033 | requires by rule for the designated principal representative and  | 
| 1034 | each officer, director, control person, member, partner, or  | 
| 1035 | joint venturer of the applicant and ultimate equitable owner of  | 
| 1036 | a 10-percent or greater interest in the applicant. A fingerprint  | 
| 1037 | card submitted to the office must be taken by an authorized law  | 
| 1038 | enforcement agency. The office shall submit the fingerprints to  | 
| 1039 | the Department of Law Enforcement for state processing and the  | 
| 1040 | Department of Law Enforcement shall forward the fingerprints to  | 
| 1041 | the Federal Bureau of Investigation for federal processing. The  | 
| 1042 | cost of the fingerprint processing may be borne by the office,  | 
| 1043 | the employer, or the person subject to the background check. The  | 
| 1044 | Department of Law Enforcement shall submit an invoice to the  | 
| 1045 | office for the fingerprints received each month. The office  | 
| 1046 | shall screen the background results to determine if the  | 
| 1047 | applicant meets licensure requirements. | 
| 1048 |      (h)  Information the commission requires by rule concerning  | 
| 1049 | any designated principal representative; any officer, director,  | 
| 1050 | control person, member, partner, or joint venturer of the  | 
| 1051 | applicant or any person having the same or substantially similar  | 
| 1052 | status or performing substantially similar functions; or any  | 
| 1053 | natural person who is the ultimate equitable owner of a 10- | 
| 1054 | percent or greater interest in the correspondent mortgage  | 
| 1055 | lender. The office may require information concerning any such  | 
| 1056 | applicant or person, including, but not limited to, his or her  | 
| 1057 | full name and any other names by which he or she may have been  | 
| 1058 | known, age, social security number, qualifications and  | 
| 1059 | educational and business history, and disciplinary and criminal  | 
| 1060 | history. | 
| 1061 |      (3)(2)  Notwithstanding the provisions of subsection (2)  | 
| 1062 | (1), it is a ground for denial of licensure if the applicant;  | 
| 1063 | any designated principal representative;, any principal officer,  | 
| 1064 | or director, control person, member, partner, or joint venturer  | 
| 1065 | of the applicant;, or any natural person who is the ultimate  | 
| 1066 | equitable owner of a 10-percent or greater interest in the  | 
| 1067 | applicant has committed any violation specified in s. 494.0072,  | 
| 1068 | or has pending against her or him any criminal prosecution or  | 
| 1069 | administrative enforcement action, in any jurisdiction, which  | 
| 1070 | involves fraud, dishonest dealing, or any act of moral  | 
| 1071 | turpitude. | 
| 1072 |      (3)  Each initial application for a correspondent mortgage  | 
| 1073 | lender's license must be in a form prescribed by the commission.  | 
| 1074 | The commission or office may require each applicant to provide  | 
| 1075 | any information reasonably necessary to make a determination of  | 
| 1076 | the applicant's eligibility for licensure. The commission or  | 
| 1077 | office may require that each officer, director, and ultimate  | 
| 1078 | equitable owner of a 10-percent or greater interest submit a  | 
| 1079 | complete set of fingerprints taken by an authorized law  | 
| 1080 | enforcement officer. | 
| 1081 |      (4)  Each license is valid for the remainder of the  | 
| 1082 | biennium in which the license is issued. | 
| 1083 |      (5)  A person licensed as a correspondent mortgage lender  | 
| 1084 | may make mortgage loans, but may not service a mortgage loan for  | 
| 1085 | more than 4 months after the date the mortgage loan was made or  | 
| 1086 | acquired by the correspondent mortgage lender. | 
| 1087 |      (6)  A licensee under ss. 494.006-494.0077, or an agent or  | 
| 1088 | employee thereof, is deemed to have consented to the venue of  | 
| 1089 | courts of competent jurisdiction in this state regarding any  | 
| 1090 | matter within the authority of ss. 494.001-494.0077 regardless  | 
| 1091 | of where an act or violation was committed. | 
| 1092 |      (7)  A correspondent mortgage lender is subject to the same  | 
| 1093 | requirements and restrictions as a licensed mortgage lender  | 
| 1094 | unless otherwise provided in this section. | 
| 1095 |      (8)  A license issued under this section is not  | 
| 1096 | transferable or assignable. | 
| 1097 |      (9)  A correspondent mortgage lender or branch office  | 
| 1098 | license may be canceled if it was issued through mistake or  | 
| 1099 | inadvertence of the office. A notice of cancellation must be  | 
| 1100 | issued by the office within 90 days after the issuance of the  | 
| 1101 | license. A notice of cancellation shall be effective upon  | 
| 1102 | receipt. The notice of cancellation shall provide the applicant  | 
| 1103 | with notification of the right to request a hearing within 21  | 
| 1104 | days after the applicant's receipt of the notice of  | 
| 1105 | cancellation. A license shall be reinstated if the applicant can  | 
| 1106 | demonstrate that the requirements for obtaining the license  | 
| 1107 | pursuant to this chapter have been satisfied. | 
| 1108 |      (10)  If an initial correspondent mortgage lender or branch  | 
| 1109 | office license has been issued but the check upon which the  | 
| 1110 | license is based is returned due to insufficient funds, the  | 
| 1111 | license shall be deemed canceled. A license deemed canceled  | 
| 1112 | pursuant to this subsection shall be reinstated if the office  | 
| 1113 | receives a certified check for the appropriate amount within 30  | 
| 1114 | days after the date the check was returned due to insufficient  | 
| 1115 | funds. | 
| 1116 |      (10)(11)  Each correspondent lender shall designate a  | 
| 1117 | principal representative who exercises control over the business  | 
| 1118 | and shall maintain a form prescribed by the commission  | 
| 1119 | designating the principal representative. If the form is not  | 
| 1120 | accurately maintained, the business is considered to be operated  | 
| 1121 | by each officer, director, or equitable owner of a 10-percent or  | 
| 1122 | greater interest in the business. | 
| 1123 |      (11)(12)  After October 1, 2001, An applicant's principal  | 
| 1124 | representative must pass a written test prescribed by the  | 
| 1125 | commission and administered by the office, or must pass an  | 
| 1126 | electronic test prescribed by the commission and administered by  | 
| 1127 | the office or a third party approved by the office, which covers  | 
| 1128 | primary and subordinate mortgage financing transactions and the  | 
| 1129 | provisions of this chapter and rules adopted under this chapter.  | 
| 1130 | The commission may waive by rule the examination requirement for  | 
| 1131 | any person who has passed a test approved by the Conference of  | 
| 1132 | State Bank Supervisors, the American Association of Residential  | 
| 1133 | Mortgage Regulators, or the United States Department of Housing  | 
| 1134 | and Urban Development if the test covers primary and subordinate  | 
| 1135 | mortgage financing transactions. The commission may set by rule  | 
| 1136 | a fee not to exceed $100 for taking the examination. This  | 
| 1137 | requirement is satisfied if the principal representative has  | 
| 1138 | continuously served in the capacity of a principal  | 
| 1139 | representative for a licensed entity under this chapter for at  | 
| 1140 | least 1 year and has not had a lapse in designation as a  | 
| 1141 | principal representative of more than 2 years before the date of  | 
| 1142 | the submission of the application or amendment in the case of a  | 
| 1143 | change in the principal representative. This requirement is also  | 
| 1144 | satisfied if the principal representative holds an active  | 
| 1145 | license as a mortgage broker in this state. | 
| 1146 |      (12)(13)  A correspondent lender shall notify the office of  | 
| 1147 | any change in the designation of its principal representative  | 
| 1148 | within 30 days after the change is effective. A new principal  | 
| 1149 | representative shall satisfy the name and address of any new  | 
| 1150 | principal representative and shall document that such person has  | 
| 1151 | completed the educational and testing requirements of this  | 
| 1152 | section within 90 days after being designated as upon the  | 
| 1153 | lender's designation of a new principal representative. This  | 
| 1154 | requirement is satisfied if the principal representative has  | 
| 1155 | continuously served in the capacity of a principal  | 
| 1156 | representative for a licensed entity under this chapter for at  | 
| 1157 | least 1 year and has not had a lapse in designation as a  | 
| 1158 | principal representative of more than 2 years before the date of  | 
| 1159 | the submission of the application or amendment in the case of a  | 
| 1160 | change in the principal representative. This requirement is also  | 
| 1161 | satisfied if the principal representative holds an active  | 
| 1162 | license as a mortgage broker in this state. | 
| 1163 |      Section 17.  Paragraph (b) of subsection (1) and subsection  | 
| 1164 | (2) of section 494.0064, Florida Statutes, are amended to read: | 
| 1165 |      494.0064  Renewal of mortgage lender's license; branch  | 
| 1166 | office license renewal.-- | 
| 1167 |      (1) | 
| 1168 |      (b)  A licensee shall also submit, as part of the renewal  | 
| 1169 | form, certification that during the preceding 2 years the  | 
| 1170 | licensee's principal representative and, loan originators, and  | 
| 1171 | associates have completed the professional continuing education  | 
| 1172 | requirements of s. 494.00295. | 
| 1173 |      (2)  The commission shall adopt rules establishing a  | 
| 1174 | procedure for the biennial renewal of mortgage lender's  | 
| 1175 | licenses, correspondent lender's licenses, and branch office  | 
| 1176 | licenses permits. The commission may prescribe the form for  | 
| 1177 | renewal and may require an update of all information provided in  | 
| 1178 | the licensee's initial application. | 
| 1179 |      Section 18.  Section 494.0065, Florida Statutes, is amended  | 
| 1180 | to read: | 
| 1181 |      494.0065  Saving clause.-- | 
| 1182 |      (1)(a)  Any person in good standing who holds an active  | 
| 1183 | registration pursuant to former s. 494.039 or license pursuant  | 
| 1184 | to former s. 521.205, or any person who acted solely as a  | 
| 1185 | mortgage servicer on September 30, 1991, is eligible to apply to  | 
| 1186 | the office for a mortgage lender's license and is eligible for  | 
| 1187 | licensure if the applicant: | 
| 1188 |      1.  For at least 12 months during the period of October 1,  | 
| 1189 | 1989, through September 30, 1991, has engaged in the business of  | 
| 1190 | either acting as a seller or assignor of mortgage loans or as a  | 
| 1191 | servicer of mortgage loans, or both; | 
| 1192 |      2.  Has documented a minimum net worth of $25,000 in  | 
| 1193 | audited financial statements; and | 
| 1194 |      3.  Has applied for licensure pursuant to this section by  | 
| 1195 | January 1, 1992, and paid an application fee of $100. | 
| 1196 |      (b)  A licensee pursuant to paragraph (a) may operate a  | 
| 1197 | wholly owned subsidiary or affiliate for the purpose of  | 
| 1198 | servicing accounts if the subsidiary or affiliate is operational  | 
| 1199 | as of September 30, 1991. Such subsidiary or affiliate is not  | 
| 1200 | required to obtain a separate license, but is subject to all the  | 
| 1201 | requirements of a licensee under ss. 494.006-494.0077. | 
| 1202 |      (2)  A licensee issued a license pursuant to subsection (1)  | 
| 1203 | may renew its mortgage lending license if it documents a minimum  | 
| 1204 | net worth of $25,000, according to United States generally  | 
| 1205 | accepted accounting principles, which must be continuously  | 
| 1206 | maintained as a condition to licensure. The office shall require  | 
| 1207 | an audited financial statement which documents such net worth. | 
| 1208 |      (3)  The commission may prescribe by rule forms and  | 
| 1209 | procedures for application for licensure, and amendment and  | 
| 1210 | withdrawal of application for licensure, or transfer, including  | 
| 1211 | any existing branch offices, in accordance with subsections (4)  | 
| 1212 | and (5), and for renewal of licensure of licensees under this  | 
| 1213 | section. The office may require each applicant to provide any  | 
| 1214 | information reasonably necessary to determine the applicant's  | 
| 1215 | eligibility for licensure. An application is considered received  | 
| 1216 | for purposes of s. 120.60 upon receipt of a completed  | 
| 1217 | application form as prescribed by commission rule, a  | 
| 1218 | nonrefundable application fee of $500, and any other fee  | 
| 1219 | prescribed by law. | 
| 1220 |      (4)(a)  Notwithstanding ss. 494.0061(5) and 494.0067(2)(3),  | 
| 1221 | the ultimate equitable owner, as of the effective date of this  | 
| 1222 | act, of a mortgage lender licensed under this section may  | 
| 1223 | transfer, one time, at least 50 percent of the ownership,  | 
| 1224 | control, or power to vote any class of equity securities of such  | 
| 1225 | mortgage lender, except as provided in paragraph (b). For  | 
| 1226 | purposes of this subsection, satisfaction of the amount of the  | 
| 1227 | ownership transferred may be met in multiple transactions or in  | 
| 1228 | a single transaction. | 
| 1229 |      (b)  A person who is an ultimate equitable owner on the  | 
| 1230 | effective date of this act may transfer, at any time, at least  | 
| 1231 | 50 percent of the ownership, control, or power to vote any class  | 
| 1232 | of equity securities of such person to the person's spouse or  | 
| 1233 | child, and any such transferee may transfer, at any time, such  | 
| 1234 | ownership, control, or power to vote to a spouse or child of  | 
| 1235 | such transferee, in perpetuity. | 
| 1236 |      (c)  For any transfer application filed on or after October  | 
| 1237 | 1, 2006: | 
| 1238 |      1.  An applicant must provide proof that the applicant's  | 
| 1239 | principal representative has completed 24 hours of instruction  | 
| 1240 | in primary and subordinate financing transactions and in the  | 
| 1241 | provisions of this chapter and rules adopted under this chapter.  | 
| 1242 | This requirement is satisfied if the principal representative  | 
| 1243 | has continuously served in the capacity of a principal  | 
| 1244 | representative for a licensed entity under this chapter for at  | 
| 1245 | least 1 year and has not had a lapse in designation as a  | 
| 1246 | principal representative of more than 2 years before the date of  | 
| 1247 | the submission of the application or amendment in the case of a  | 
| 1248 | change in the principal representative. This requirement is also  | 
| 1249 | satisfied if the principal representative holds an active  | 
| 1250 | license as a mortgage broker in this state. | 
| 1251 |      2.  An applicant's principal representative must pass a  | 
| 1252 | written test prescribed by the commission and administered by  | 
| 1253 | the office, or must pass an electronic test prescribed by the  | 
| 1254 | commission and administered by the office or a third party  | 
| 1255 | approved by the office, which covers primary and subordinate  | 
| 1256 | mortgage financing transactions and the provisions of this  | 
| 1257 | chapter and rules adopted under this chapter. The commission may  | 
| 1258 | set by rule a fee not to exceed $100 for the electronic version  | 
| 1259 | of the mortgage broker test. The commission may waive by rule  | 
| 1260 | the examination requirement for any person who has passed a test  | 
| 1261 | approved by the Conference of State Bank Supervisors, the  | 
| 1262 | American Association of Residential Mortgage Regulators, or the  | 
| 1263 | United States Department of Housing and Urban Development if the  | 
| 1264 | test covers primary and subordinate mortgage financing  | 
| 1265 | transactions. This requirement is satisfied if the principal  | 
| 1266 | representative has continuously served in the capacity of a  | 
| 1267 | principal representative for a licensed entity under this  | 
| 1268 | chapter for at least 1 year and has not had a lapse in  | 
| 1269 | designation as a principal representative of more than 2 years  | 
| 1270 | before the date of the submission of the application or  | 
| 1271 | amendment in the case of a change in the principal  | 
| 1272 | representative. This requirement is also satisfied if the  | 
| 1273 | principal representative holds an active license as a mortgage  | 
| 1274 | broker in this state. | 
| 1275 |      (5)  Each initial application for a transfer must be in the  | 
| 1276 | form prescribed by rule of the commission. The commission or  | 
| 1277 | office may require each applicant for any transfer to provide  | 
| 1278 | any information reasonably necessary to make a determination of  | 
| 1279 | the applicant's eligibility for licensure. The office shall  | 
| 1280 | issue the transfer of licensure to any person who submits the  | 
| 1281 | following documentation at least 90 days prior to the  | 
| 1282 | anticipated transfer: | 
| 1283 |      (a)  A completed application form. | 
| 1284 |      (b)  A nonrefundable fee set by rule of the commission in  | 
| 1285 | the amount of $500. An application is considered received for  | 
| 1286 | purposes of s. 120.60 upon receipt of a completed application  | 
| 1287 | form as prescribed by commission rule, a nonrefundable  | 
| 1288 | application fee of $500, and any other fee prescribed by law. | 
| 1289 |      (c)  Audited financial statements that substantiate that  | 
| 1290 | the applicant has a bona fide and verifiable net worth,  | 
| 1291 | according to United States generally accepted accounting  | 
| 1292 | principles, of at least $25,000, which must be continuously  | 
| 1293 | maintained as a condition of licensure. | 
| 1294 |      (d)  Documentation that the applicant is incorporated,  | 
| 1295 | registered, or otherwise formed as a general partnership,  | 
| 1296 | limited partnership, limited liability company, or other lawful  | 
| 1297 | entity under the laws of this state or another state of the  | 
| 1298 | United States. | 
| 1299 |      (e)  A complete set of fingerprints as the commission  | 
| 1300 | requires by rule for or office may require that each designated  | 
| 1301 | principal representative, officer, director, control person,  | 
| 1302 | member, partner, or joint venturer of the applicant and the  | 
| 1303 | ultimate equitable owner of a 10-percent or greater interest in  | 
| 1304 | the applicant. A fingerprint card submitted to the office must  | 
| 1305 | be submit a complete set of fingerprints taken by an authorized  | 
| 1306 | law enforcement agency officer. The office shall submit the  | 
| 1307 | fingerprints to the Department of Law Enforcement for state  | 
| 1308 | processing and the Department of Law Enforcement shall forward  | 
| 1309 | the fingerprints to the Federal Bureau of Investigation for  | 
| 1310 | federal processing. The cost of the fingerprint processing may  | 
| 1311 | be borne by the office, the employer, or the person subject to  | 
| 1312 | the background check. The Department of Law Enforcement shall  | 
| 1313 | submit an invoice to the office for the fingerprints received  | 
| 1314 | each month. The office shall screen the background results to  | 
| 1315 | determine if the applicant meets licensure requirements. | 
| 1316 |      (f)  Information that the commission requires by rule  | 
| 1317 | concerning any designated principal representative; any officer,  | 
| 1318 | director, control person, member, partner, or joint venturer of  | 
| 1319 | the applicant or any person having the same or substantially  | 
| 1320 | similar status or performing substantially similar functions; or  | 
| 1321 | any individual who is the ultimate equitable owner of a 10- | 
| 1322 | percent or greater interest in the mortgage lender. The  | 
| 1323 | commission may require information concerning such applicant or  | 
| 1324 | person, including, but not limited to, his or her full name and  | 
| 1325 | any other names by which he or she may have been known, age,  | 
| 1326 | social security number, qualifications and educational and  | 
| 1327 | business history, and disciplinary and criminal history. | 
| 1328 |      (6)  Notwithstanding subsection (5), a transfer under  | 
| 1329 | subsection (4) may be denied if the applicant; designated  | 
| 1330 | principal representative;, any principal officer, or director,  | 
| 1331 | control person, member, partner, or joint venturer of the  | 
| 1332 | applicant;, or any natural person owning a 10-percent or greater  | 
| 1333 | interest in the applicant has committed any violation specified  | 
| 1334 | in s. 494.0072, or has entered a plea of nolo contendere,  | 
| 1335 | regardless of adjudication, or has an action pending against the  | 
| 1336 | applicant in any criminal prosecution or administrative  | 
| 1337 | enforcement action, in any jurisdiction, which involves fraud,  | 
| 1338 | dishonest dealing, or any act of moral turpitude. | 
| 1339 |      (7)  A license issued in accordance with this section is  | 
| 1340 | not transferable or assignable except as provided in subsection  | 
| 1341 | (4). | 
| 1342 |      (8)  Each person applying for a transfer of any branch  | 
| 1343 | office pursuant to subsection (4) must comply with the  | 
| 1344 | requirements of s. 494.0066. | 
| 1345 |      (9)  Each mortgage lender shall designate a principal  | 
| 1346 | representative who exercises control over the business and shall  | 
| 1347 | keep the designation current on a form prescribed by commission  | 
| 1348 | rule designating the principal representative. If the  | 
| 1349 | information on the form is not kept current, the business is  | 
| 1350 | considered to be operated by each officer, director, or  | 
| 1351 | equitable owner of a 10-percent or greater interest in the  | 
| 1352 | business. | 
| 1353 |      (10)  A lender shall notify the office of any change in the  | 
| 1354 | designation of its principal representative within 30 days after  | 
| 1355 | the change is effective. A new principal representative must  | 
| 1356 | satisfy the educational and testing requirements of this section  | 
| 1357 | within 90 days after being designated as the new principal  | 
| 1358 | representative. This requirement is satisfied if the principal  | 
| 1359 | representative has continuously served in the capacity of a  | 
| 1360 | principal representative for a licensed entity under this  | 
| 1361 | chapter for at least 1 year and has not had a lapse in  | 
| 1362 | designation as a principal representative of more than 2 years  | 
| 1363 | before the date of the submission of the application or  | 
| 1364 | amendment in the case of a change in the principal  | 
| 1365 | representative. This requirement is also satisfied if the  | 
| 1366 | principal representative currently holds an active license as a  | 
| 1367 | mortgage broker in this state. | 
| 1368 |      Section 19.  Subsection (2) of section 494.0066, Florida  | 
| 1369 | Statutes, is amended to read: | 
| 1370 |      494.0066  Branch offices.-- | 
| 1371 |      (2)  The office shall issue a branch office license to a  | 
| 1372 | licensee licensed under ss. 494.006-494.0077 after the office  | 
| 1373 | determines that the licensee has submitted upon receipt of a  | 
| 1374 | completed branch office application form as prescribed by rule  | 
| 1375 | by the commission and an initial nonrefundable branch office  | 
| 1376 | license fee of $325. The branch office application must include  | 
| 1377 | the name and license number of the licensee under ss. 494.006- | 
| 1378 | 494.0077, the name of the licensee's employee in charge of the  | 
| 1379 | branch office, and the address of the branch office. The branch  | 
| 1380 | office license shall be issued in the name of the licensee under  | 
| 1381 | ss. 494.006-494.0077 and must be renewed in conjunction with the  | 
| 1382 | license renewal. | 
| 1383 |      Section 20.  Section 494.0067, Florida Statutes, is amended  | 
| 1384 | to read: | 
| 1385 |      494.0067  Requirements of licensees under ss. 494.006- | 
| 1386 | 494.0077.-- | 
| 1387 |      (1)  Each license of a mortgage lender, correspondent  | 
| 1388 | mortgage lender, or branch office shall be prominently displayed  | 
| 1389 | in the office for which it is issued. | 
| 1390 |      (1)(2)  Each licensee under ss. 494.006-494.0077 which  | 
| 1391 | makes mortgage loans on real estate in this state shall transact  | 
| 1392 | business from a principal place of business. Each principal  | 
| 1393 | place of business and each branch office shall be operated under  | 
| 1394 | the full charge, control, and supervision of the licensee under  | 
| 1395 | ss. 494.006-494.0077. | 
| 1396 |      (2)(3)  A license issued under ss. 494.006-494.0077 is not  | 
| 1397 | transferable or assignable. | 
| 1398 |      (3)  Each licensee under ss. 494.006-494.0077 shall report,  | 
| 1399 | on a form prescribed by rule of the commission, any change in  | 
| 1400 | the information contained in any initial application form, or  | 
| 1401 | any amendment thereto, not later than 30 days after the change  | 
| 1402 | is effective. | 
| 1403 |      (4)  Each licensee under ss. 494.006-494.0077 shall report  | 
| 1404 | any changes in the partners, officers, members, joint venturers,  | 
| 1405 | directors, or control persons of any licensee or changes in the  | 
| 1406 | form of business organization by written amendment in such form  | 
| 1407 | and at such time that the commission specifies by rule. | 
| 1408 |      (a)  In any case in which a person or a group of persons,  | 
| 1409 | directly or indirectly or acting by or through one or more  | 
| 1410 | persons, proposes to purchase or acquire a controlling interest  | 
| 1411 | in a licensee, such person or group must submit an initial  | 
| 1412 | application for licensure as a mortgage lender or correspondent  | 
| 1413 | mortgage lender before such purchase or acquisition and at the  | 
| 1414 | time and in the form prescribed by the commission by rule. | 
| 1415 |      (b)  As used in this subsection, the term "controlling  | 
| 1416 | interest" means possession of the power to direct or cause the  | 
| 1417 | direction of the management or policies of a company whether  | 
| 1418 | through ownership of securities, by contract, or otherwise. Any  | 
| 1419 | person who directly or indirectly has the right to vote 25  | 
| 1420 | percent or more of the voting securities of a company or who is  | 
| 1421 | entitled to 25 percent or more of the company's profits is  | 
| 1422 | presumed to possess a controlling interest. | 
| 1423 |      (c)  Any addition of a designated principal representative,  | 
| 1424 | partner, officer, member, joint venturer, director, or control  | 
| 1425 | person of the applicant who does not have a controlling interest  | 
| 1426 | and who has not previously complied with the provisions of s.  | 
| 1427 | 494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s.  | 
| 1428 | 494.0065(5)(e) and (f) shall be subject to such provisions  | 
| 1429 | unless required to file an initial application in accordance  | 
| 1430 | with paragraph (a). If the office determines that the licensee  | 
| 1431 | does not continue to meet licensure requirements, the office may  | 
| 1432 | bring administrative action in accordance with s. 494.0072 to  | 
| 1433 | enforce the provisions of this section. | 
| 1434 |      (d)  The commission shall adopt rules pursuant to ss.  | 
| 1435 | 120.536(1) and 120.54 providing for the waiver of the  | 
| 1436 | application required by this subsection if the person or group  | 
| 1437 | of persons proposing to purchase or acquire a controlling  | 
| 1438 | interest in a licensee has previously complied with the  | 
| 1439 | provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and  | 
| 1440 | (h), or s. 494.0065(5)(e) and (f) with the same legal entity or  | 
| 1441 | is currently licensed with the office under this chapter. | 
| 1442 |      (4)  The commission or office may require each licensee  | 
| 1443 | under ss. 494.006-494.0077 to report any change of address of  | 
| 1444 | the principal place of business, change of address of any branch  | 
| 1445 | office, or change of principal officer, director, or ultimate  | 
| 1446 | equitable owner of 10 percent or more of the licensed  | 
| 1447 | corporation to the office in a form prescribed by rule of the  | 
| 1448 | commission not later than 30 business days after the change is  | 
| 1449 | effective. | 
| 1450 |      (5)  Each licensee under ss. 494.006-494.0077 shall report  | 
| 1451 | in a form prescribed by rule by the commission any indictment,  | 
| 1452 | information, charge, conviction, plea of nolo contendere, or  | 
| 1453 | plea of guilty to any crime or administrative violation that  | 
| 1454 | involves fraud, dishonest dealing, or any other act of moral  | 
| 1455 | turpitude, in any jurisdiction, by the licensee under ss.  | 
| 1456 | 494.006-494.0077 or any principal officer, director, or ultimate  | 
| 1457 | equitable owner of 10 percent or more of the licensed  | 
| 1458 | corporation, not later than 30 business days after the  | 
| 1459 | indictment, information, charge, conviction, or final  | 
| 1460 | administrative action. | 
| 1461 |      (6)  Each licensee under ss. 494.006-494.0077 shall report  | 
| 1462 | any action in bankruptcy, voluntary or involuntary, to the  | 
| 1463 | office, not later than 7 business days after the action is  | 
| 1464 | instituted. | 
| 1465 |      (7)  Each licensee under ss. 494.006-494.0077 shall  | 
| 1466 | designate a registered agent in this state for service of  | 
| 1467 | process. | 
| 1468 |      (8)  Each licensee under ss. 494.006-494.0077 shall provide  | 
| 1469 | an applicant for a mortgage loan a good faith estimate of the  | 
| 1470 | costs the applicant can reasonably expect to pay in obtaining a  | 
| 1471 | mortgage loan. The good faith estimate of costs shall be mailed  | 
| 1472 | or delivered to the applicant within a reasonable time after the  | 
| 1473 | licensee receives a written loan application from the applicant.  | 
| 1474 | The estimate of costs may be provided to the applicant by a  | 
| 1475 | person other than the licensee making the loan. The commission  | 
| 1476 | may adopt rules that set forth the disclosure requirements of  | 
| 1477 | this section. | 
| 1478 |      (9)  On or before April 30, 2000, each mortgage lender or  | 
| 1479 | correspondent mortgage lender shall file an initial report  | 
| 1480 | stating the full legal name, residential address, social  | 
| 1481 | security number, date of birth, mortgage broker license number,  | 
| 1482 | date of hire, and, if applicable, date of termination for each  | 
| 1483 | person who acted as a loan originator or an associate of the  | 
| 1484 | mortgage lender or correspondent mortgage lender during the  | 
| 1485 | immediate preceding quarter. Thereafter, a mortgage lender or  | 
| 1486 | correspondent mortgage lender shall file a report only if a  | 
| 1487 | person became or ceased to be a loan originator or an associate  | 
| 1488 | of the mortgage lender or correspondent mortgage lender during  | 
| 1489 | the immediate preceding quarter. Such report shall be filed  | 
| 1490 | within 30 days after the last day of each calendar quarter and  | 
| 1491 | shall contain the full legal name, residential address, social  | 
| 1492 | security number, date of birth, date of hire and, if applicable,  | 
| 1493 | the mortgage broker license number and date of termination of  | 
| 1494 | each person who became or ceased to be a loan originator or an  | 
| 1495 | associate of the mortgage lender or correspondent mortgage  | 
| 1496 | lender during the immediate preceding quarter. The commission  | 
| 1497 | shall prescribe, by rule, the procedures for filing reports  | 
| 1498 | required by this subsection. | 
| 1499 |      (10)(a)  Each licensee shall require the principal  | 
| 1500 | representative and all loan originators or associates who  | 
| 1501 | perform services for the licensee to complete 14 hours of  | 
| 1502 | professional continuing education during each biennial license  | 
| 1503 | period. The education shall cover primary and subordinate  | 
| 1504 | mortgage financing transactions and the provisions of this  | 
| 1505 | chapter and the rules adopted under this chapter. | 
| 1506 |      (b)  The licensee shall maintain records of such training  | 
| 1507 | for a period of 4 years, including records of the content of and  | 
| 1508 | hours designated for each program and the date and location of  | 
| 1509 | the program. | 
| 1510 |      (c)  Evidence of completion of such programs shall be  | 
| 1511 | included with the licensee's renewal application. | 
| 1512 |      Section 21.  Paragraphs (s), (t), and (u) are added to  | 
| 1513 | subsection (2) of section 494.0072, Florida Statutes, and  | 
| 1514 | subsection (3) of that section is amended, to read: | 
| 1515 |      494.0072  Administrative penalties and fines; license  | 
| 1516 | violations.-- | 
| 1517 |      (2)  Each of the following acts constitutes a ground for  | 
| 1518 | which the disciplinary actions specified in subsection (1) may  | 
| 1519 | be taken: | 
| 1520 |      (s)  Payment to the office for a license or permit with a  | 
| 1521 | check or electronic transmission of funds that is dishonored by  | 
| 1522 | the applicant's or licensee's financial institution. | 
| 1523 |      (t)  Having a final judgment entered against the applicant  | 
| 1524 | or licensee in a civil action upon grounds of fraud,  | 
| 1525 | embezzlement, misrepresentation, or deceit. | 
| 1526 |      (u)1.  Having been the subject of any decision, finding,  | 
| 1527 | injunction, suspension, prohibition, revocation, denial,  | 
| 1528 | judgment, or administrative order by any court of competent  | 
| 1529 | jurisdiction, administrative law judge, state or federal agency,  | 
| 1530 | national securities exchange, national commodities exchange,  | 
| 1531 | national option exchange, national securities association,  | 
| 1532 | national commodities association, or national option association  | 
| 1533 | involving a violation of any federal or state securities or  | 
| 1534 | commodities law, or any rule or regulation adopted under such  | 
| 1535 | law, or involving a violation of any rule or regulation of any  | 
| 1536 | national securities, commodities, or options exchange or  | 
| 1537 | association. | 
| 1538 |      2.  Having been the subject of any injunction or adverse  | 
| 1539 | administrative order by a state or federal agency regulating  | 
| 1540 | banking, insurance, finance or small loan companies, real  | 
| 1541 | estate, mortgage brokers or lenders, money transmitters, or  | 
| 1542 | other related or similar industries. | 
| 1543 |      (3)  A mortgage lender or correspondent mortgage lender is  | 
| 1544 | subject to the disciplinary actions specified in subsection (1)  | 
| 1545 | if any officer, member, director, control person, joint  | 
| 1546 | venturer, or ultimate equitable owner of a 10-percent or greater  | 
| 1547 | interest in the mortgage lender or correspondent mortgage  | 
| 1548 | lender, associate, or employee of the mortgage lender or  | 
| 1549 | correspondent mortgage lender violates any provision of  | 
| 1550 | subsection (2). | 
| 1551 |      Section 22.  Subsection (2) of section 494.00721, Florida  | 
| 1552 | Statutes, is amended to read: | 
| 1553 |      494.00721  Net worth.-- | 
| 1554 |      (2)  If a mortgage lender or correspondent mortgage lender  | 
| 1555 | fails to satisfy the net worth requirements, the mortgage lender  | 
| 1556 | or correspondent mortgage lender shall immediately cease taking  | 
| 1557 | any new mortgage loan applications. Thereafter, the mortgage  | 
| 1558 | lender or correspondent mortgage lender shall have up to 60 days  | 
| 1559 | within which to satisfy the net worth requirements. If the  | 
| 1560 | licensee makes the office aware, prior to an examination, that  | 
| 1561 | the licensee no longer meets the net worth requirements, the  | 
| 1562 | mortgage lender or correspondent mortgage lender shall have 120  | 
| 1563 | days within which to satisfy the net worth requirements. A  | 
| 1564 | mortgage lender or correspondent mortgage lender shall not  | 
| 1565 | resume acting as a mortgage lender or correspondent mortgage  | 
| 1566 | lender without written authorization from the office, which  | 
| 1567 | authorization shall be granted if the mortgage lender or  | 
| 1568 | correspondent mortgage lender provides the office with  | 
| 1569 | documentation which satisfies the requirements of s.  | 
| 1570 | 494.0061(2)(1)(c), s. 494.0062(2)(1)(c), or s. 494.0065(2),  | 
| 1571 | whichever is applicable. | 
| 1572 |      Section 23.  Paragraph (c) of subsection (3) of section  | 
| 1573 | 501.137, Florida Statutes, is amended to read: | 
| 1574 |      501.137  Mortgage lenders; tax and insurance payments from  | 
| 1575 | escrow accounts; duties.-- | 
| 1576 |      (3) | 
| 1577 |      (c)  If the lender violates paragraph (a) and the premium  | 
| 1578 | payment is more than 90 days overdue or if the insurer refuses  | 
| 1579 | to reinstate the insurance policy, the lender shall pay the  | 
| 1580 | difference between the cost of the previous insurance policy and  | 
| 1581 | a new, comparable insurance policy for a period of 2 years. If  | 
| 1582 | the lender refuses, the lender is liable for the reasonable  | 
| 1583 | attorney's fees and costs of the property owner for a violation  | 
| 1584 | of this section. | 
| 1585 |      Section 24.  Subsection (8) is added to section 516.01,  | 
| 1586 | Florida Statutes, to read: | 
| 1587 |      516.01  Definitions.--As used in this chapter, the term: | 
| 1588 |      (8)  "Control person" means an individual, partnership,  | 
| 1589 | corporation, trust, or other organization that possesses the  | 
| 1590 | power, directly or indirectly, to direct the management or  | 
| 1591 | policies of a company, whether through ownership of securities,  | 
| 1592 | by contract, or otherwise. A person is presumed to control a  | 
| 1593 | company if, with respect to a particular company, that person: | 
| 1594 |      (a)  Is a director, general partner, or officer exercising  | 
| 1595 | executive responsibility or having similar status or functions; | 
| 1596 |      (b)  Directly or indirectly may vote 10 percent or more of  | 
| 1597 | a class of a voting security or sell or direct the sale of 10  | 
| 1598 | percent or more of a class of voting securities; or | 
| 1599 |      (c)  In the case of a partnership, may receive upon  | 
| 1600 | dissolution or has contributed 10 percent or more of the  | 
| 1601 | capital. | 
| 1602 |      Section 25.  Section 516.03, Florida Statutes, is amended  | 
| 1603 | to read: | 
| 1604 |      516.03  Application for license; fees; etc.-- | 
| 1605 |      (1)  APPLICATION.--Application for a license to make loans  | 
| 1606 | under this chapter shall be in the form prescribed by rule of  | 
| 1607 | the commission. The commission may require each applicant to  | 
| 1608 | provide any information reasonably necessary to determine the  | 
| 1609 | applicant's eligibility for licensure. The applicant shall also  | 
| 1610 | provide information that the office requires concerning any  | 
| 1611 | officer, director, control person, member, partner, or joint  | 
| 1612 | venturer of the applicant or any person having the same or  | 
| 1613 | substantially similar status or performing substantially similar  | 
| 1614 | functions or concerning any individual who is the ultimate  | 
| 1615 | equitable owner of a 10-percent or greater interest in the  | 
| 1616 | applicant. The office may require information concerning any  | 
| 1617 | such applicant or person, including, but not limited to, his or  | 
| 1618 | her full name and any other names by which he or she may have  | 
| 1619 | been known, age, social security number, residential history,  | 
| 1620 | qualifications, educational and business history, and  | 
| 1621 | disciplinary and criminal history. The applicant must provide  | 
| 1622 | evidence of liquid assets of at least $25,000, and shall contain  | 
| 1623 | the name, residence and business addresses of the applicant and,  | 
| 1624 | if the applicant is a copartnership or association, of every  | 
| 1625 | member thereof and, if a corporation, of each officer and  | 
| 1626 | director thereof, also the county and municipality with the  | 
| 1627 | street and number or approximate location where the business is  | 
| 1628 | to be conducted, and such further relevant information as the  | 
| 1629 | commission or office may require. At the time of making such  | 
| 1630 | application the applicant shall pay to the office a  | 
| 1631 | nonrefundable biennial license fee of $625. Applications, except  | 
| 1632 | for applications to renew or reactivate a license, must also be  | 
| 1633 | accompanied by a nonrefundable an investigation fee of $200. An  | 
| 1634 | application is considered received for purposes of s. 120.60  | 
| 1635 | upon receipt of a completed application form as prescribed by  | 
| 1636 | commission rule, a nonrefundable application fee of $625, and  | 
| 1637 | any other fee prescribed by law. The commission may adopt rules  | 
| 1638 | requiring to allow electronic submission of any form, document,  | 
| 1639 | or fee required by this act if such rules reasonably accommodate  | 
| 1640 | technological or financial hardship. The commission may  | 
| 1641 | prescribe by rule requirements and procedures for obtaining an  | 
| 1642 | exemption due to a technological or financial hardship. | 
| 1643 |      (2)  FEES.--Fees herein provided for in this section shall  | 
| 1644 | be collected by the office and shall be turned into the State  | 
| 1645 | Treasury to the credit of the regulatory trust fund under the  | 
| 1646 | office. The office shall have full power to employ such  | 
| 1647 | examiners or clerks to assist the office as may from time to  | 
| 1648 | time be deemed necessary and fix their compensation. The  | 
| 1649 | commission may adopt rules requiring to allow electronic  | 
| 1650 | submission of any fee required by this section if such rules  | 
| 1651 | reasonably accommodate technological or financial hardship. The  | 
| 1652 | commission may prescribe by rule requirements and procedures for  | 
| 1653 | obtaining an exemption due to a technological or financial  | 
| 1654 | hardship. | 
| 1655 |      Section 26.  Paragraph (a) of subsection (3) of section  | 
| 1656 | 516.031, Florida Statutes, is amended to read: | 
| 1657 |      516.031  Finance charge; maximum rates.-- | 
| 1658 |      (3)  OTHER CHARGES.-- | 
| 1659 |      (a)  In addition to the interest, delinquency, and  | 
| 1660 | insurance charges herein provided for, no further or other  | 
| 1661 | charges or amount whatsoever for any examination, service,  | 
| 1662 | commission, or other thing or otherwise shall be directly or  | 
| 1663 | indirectly charged, contracted for, or received as a condition  | 
| 1664 | to the grant of a loan, except: | 
| 1665 |      1.  An amount not to exceed $25 $10 to reimburse a portion  | 
| 1666 | of the costs for investigating the character and credit of the  | 
| 1667 | person applying for the loan; | 
| 1668 |      2.  An annual fee of $25 on the anniversary date of each  | 
| 1669 | line-of-credit account; | 
| 1670 |      3.  Charges paid for brokerage fee on a loan or line of  | 
| 1671 | credit of more than $10,000, title insurance, and the appraisal  | 
| 1672 | of real property offered as security when paid to a third party  | 
| 1673 | and supported by an actual expenditure; | 
| 1674 |      4.  Intangible personal property tax on the loan note or  | 
| 1675 | obligation when secured by a lien on real property; | 
| 1676 |      5.  The documentary excise tax and lawful fees, if any,  | 
| 1677 | actually and necessarily paid out by the licensee to any public  | 
| 1678 | officer for filing, recording, or releasing in any public office  | 
| 1679 | any instrument securing the loan, which fees may be collected  | 
| 1680 | when the loan is made or at any time thereafter; | 
| 1681 |      6.  The premium payable for any insurance in lieu of  | 
| 1682 | perfecting any security interest otherwise required by the  | 
| 1683 | licensee in connection with the loan, if the premium does not  | 
| 1684 | exceed the fees which would otherwise be payable, which premium  | 
| 1685 | may be collected when the loan is made or at any time  | 
| 1686 | thereafter; | 
| 1687 |      7.  Actual and reasonable attorney's fees and court costs  | 
| 1688 | as determined by the court in which suit is filed; | 
| 1689 |      8.  Actual and commercially reasonable expenses of  | 
| 1690 | repossession, storing, repairing and placing in condition for  | 
| 1691 | sale, and selling of any property pledged as security; or | 
| 1692 |      9.  A delinquency charge not to exceed $10 for each payment  | 
| 1693 | in default for a period of not less than 10 days, if the charge  | 
| 1694 | is agreed upon, in writing, between the parties before imposing  | 
| 1695 | the charge. | 
| 1696 | 
  | 
| 1697 | Any charges, including interest, in excess of the combined total  | 
| 1698 | of all charges authorized and permitted by this chapter  | 
| 1699 | constitute a violation of chapter 687 governing interest and  | 
| 1700 | usury, and the penalties of that chapter apply. In the event of  | 
| 1701 | a bona fide error, the licensee shall refund or credit the  | 
| 1702 | borrower with the amount of the overcharge immediately but  | 
| 1703 | within 20 days from the discovery of such error. | 
| 1704 |      Section 27.  Section 516.05, Florida Statutes, is amended  | 
| 1705 | to read: | 
| 1706 |      516.05  License.-- | 
| 1707 |      (1)  Upon the filing of an application for a license and  | 
| 1708 | payment of all applicable fees, the office shall, unless the  | 
| 1709 | application is to renew or reactivate an existing license, make  | 
| 1710 | an investigation of the facts concerning the applicant's  | 
| 1711 | background proposed activities. If the office determines that a  | 
| 1712 | license should be granted, it shall issue the license for a  | 
| 1713 | period not to exceed 2 years. Biennial licensure periods and  | 
| 1714 | procedures for renewal of licenses shall be established by the  | 
| 1715 | rule of the commission. If the office determines that grounds  | 
| 1716 | exist under this chapter for denial of an application other than  | 
| 1717 | an application to renew a license, it shall deny such  | 
| 1718 | application, return to the applicant the sum paid as a license  | 
| 1719 | fee, and retain the investigation fee. | 
| 1720 |      (2)  A license that is not renewed at the end of the  | 
| 1721 | biennium established by the commission shall automatically  | 
| 1722 | revert to inactive status. An inactive license may be  | 
| 1723 | reactivated upon submission of a completed reactivation  | 
| 1724 | application, payment of the biennial license fee, and payment of  | 
| 1725 | a reactivation fee which shall equal the biennial license fee. A  | 
| 1726 | license expires on the date at which it has been inactive for 6  | 
| 1727 | months. | 
| 1728 |      (3)  Only one place of business for the purpose of making  | 
| 1729 | loans under this chapter may be maintained under one license,  | 
| 1730 | but the office may issue additional licenses to a licensee upon  | 
| 1731 | compliance with all the provisions of this chapter governing  | 
| 1732 | issuance of a single license. | 
| 1733 |      (4)  Each licensee shall report, on a form prescribed by  | 
| 1734 | rule of the commission, any change to the information contained  | 
| 1735 | in any initial application form or any amendment to such  | 
| 1736 | application not later than 30 days after the change is  | 
| 1737 | effective. | 
| 1738 |      (5)  Each licensee shall report any changes in the  | 
| 1739 | partners, officers, members, joint venturers, directors, or  | 
| 1740 | control persons of any licensee, or changes in the form of  | 
| 1741 | business organization, by written amendment in such form and at  | 
| 1742 | such time as the commission specifies by rule. | 
| 1743 |      (a)  In any case in which a person or a group of persons,  | 
| 1744 | directly or indirectly or acting by or through one or more  | 
| 1745 | persons, proposes to purchase or acquire a controlling interest  | 
| 1746 | in a licensee, such person or group must submit an initial  | 
| 1747 | application for licensure before such purchase or acquisition at  | 
| 1748 | such time and in such form as the commission prescribes by rule. | 
| 1749 |      (b)  As used in this subsection, the term "controlling  | 
| 1750 | interest" means possession of the power to direct or cause the  | 
| 1751 | direction of the management or policies of a company whether  | 
| 1752 | through ownership of securities, by contract, or otherwise. Any  | 
| 1753 | person who directly or indirectly has the right to vote 25  | 
| 1754 | percent or more of the voting securities of a company or is  | 
| 1755 | entitled to 25 percent or more of the company's profits is  | 
| 1756 | presumed to possess a controlling interest. | 
| 1757 |      (c)  Any addition of a partner, officer, member, joint  | 
| 1758 | venturer, director, or control person of the applicant who does  | 
| 1759 | not have a controlling interest and who has not previously  | 
| 1760 | complied with the provisions of s. 516.03(1) shall be subject to  | 
| 1761 | such provisions unless required to file an initial application  | 
| 1762 | in accordance with paragraph (a). If the office determines that  | 
| 1763 | the licensee does not continue to meet licensure requirements,  | 
| 1764 | the office may bring administrative action in accordance with s.  | 
| 1765 | 516.07 to enforce the provisions of this chapter. | 
| 1766 |      (d)  The commission shall adopt rules pursuant to ss.  | 
| 1767 | 120.536(1) and 120.54 providing for the waiver of the  | 
| 1768 | application required by this subsection if the person or group  | 
| 1769 | of persons proposing to purchase or acquire a controlling  | 
| 1770 | interest in a licensee has previously complied with the  | 
| 1771 | provisions of s. 516.03(1) with the same legal entity or is  | 
| 1772 | currently licensed with the office under this chapter. | 
| 1773 |      (4)  Prior to relocating his or her place of business, a  | 
| 1774 | licensee must file with the office, in the manner prescribed by  | 
| 1775 | commission rule, notice of the relocation. | 
| 1776 |      (6)(5)  A licensee may conduct the business of making loans  | 
| 1777 | under this chapter within a place of business in which other  | 
| 1778 | business is solicited or engaged in, unless the office shall  | 
| 1779 | find that the conduct of such other business by the licensee  | 
| 1780 | results in an evasion of this chapter. Upon such finding, the  | 
| 1781 | office shall order the licensee to desist from such evasion;  | 
| 1782 | provided, however, that no license shall be granted to or  | 
| 1783 | renewed for any person or organization engaged in the pawnbroker  | 
| 1784 | business. | 
| 1785 |      (6)  If any person purchases substantially all of the  | 
| 1786 | assets of any existing licensed place of business, the purchaser  | 
| 1787 | shall give immediate notice thereof to the office and shall be  | 
| 1788 | granted a 90-day temporary license for the place of business  | 
| 1789 | within 10 days after the office's receipt of an application for  | 
| 1790 | a permanent license. Issuance of a temporary license for a place  | 
| 1791 | of business nullifies the existing license for the place of  | 
| 1792 | business, and the temporary licensee is subject to any  | 
| 1793 | disciplinary action provided for by this chapter. | 
| 1794 |      (7)  Licenses are not transferable or assignable. A  | 
| 1795 | licensee may invalidate any license by delivering it to the  | 
| 1796 | office with a written notice of the delivery, but such delivery  | 
| 1797 | does not affect any civil or criminal liability or the authority  | 
| 1798 | to enforce this chapter for acts committed in violation thereof. | 
| 1799 |      (8)  The office may refuse to process an initial  | 
| 1800 | application for a license if the applicant or any person with  | 
| 1801 | power to direct the management or policies of the applicant's  | 
| 1802 | business is the subject of a pending criminal prosecution in any  | 
| 1803 | jurisdiction until conclusion of such criminal prosecution. | 
| 1804 |      (9)  A licensee that is the subject of a voluntary or  | 
| 1805 | involuntary bankruptcy filing must report such filing to the  | 
| 1806 | office within 7 business days after the filing date. | 
| 1807 |      Section 28.  Subsection (1) of section 516.07, Florida  | 
| 1808 | Statutes, is amended to read: | 
| 1809 |      516.07  Grounds for denial of license or for disciplinary  | 
| 1810 | action.-- | 
| 1811 |      (1)  The following acts are violations of this chapter and  | 
| 1812 | constitute grounds for denial of an application for a license to  | 
| 1813 | make consumer finance loans and grounds for any of the  | 
| 1814 | disciplinary actions specified in subsection (2): | 
| 1815 |      (a)  A material misstatement of fact in an application for  | 
| 1816 | a license.; | 
| 1817 |      (b)  Failure to maintain liquid assets of at least $25,000  | 
| 1818 | at all times for the operation of business at a licensed  | 
| 1819 | location or proposed location.; | 
| 1820 |      (c)  Failure to demonstrate financial responsibility,  | 
| 1821 | experience, character, or general fitness, such as to command  | 
| 1822 | the confidence of the public and to warrant the belief that the  | 
| 1823 | business operated at the licensed or proposed location is  | 
| 1824 | lawful, honest, fair, efficient, and within the purposes of this  | 
| 1825 | chapter.; | 
| 1826 |      (d)  The violation, either knowingly or without the  | 
| 1827 | exercise of due care, of any provision of this chapter, any rule  | 
| 1828 | or order adopted under this chapter, or any written agreement  | 
| 1829 | entered into with the office.; | 
| 1830 |      (e)  Any act of fraud, misrepresentation, or deceit,  | 
| 1831 | regardless of reliance by or damage to a borrower, or any  | 
| 1832 | illegal activity, where such acts are in connection with a loan  | 
| 1833 | under this chapter. Such acts include, but are not limited to: | 
| 1834 |      1.  Willful imposition of illegal or excessive charges; or | 
| 1835 |      2.  Misrepresentation, circumvention, or concealment of any  | 
| 1836 | matter required to be stated or furnished to a borrower.; | 
| 1837 |      (f)  The use of unreasonable collection practices or of  | 
| 1838 | false, deceptive, or misleading advertising, where such acts are  | 
| 1839 | in connection with the operation of a business to make consumer  | 
| 1840 | finance loans.; | 
| 1841 |      (g)  Any violation of part III of chapter 817 or part II of  | 
| 1842 | chapter 559 or of any rule adopted under part II of chapter  | 
| 1843 | 559.; | 
| 1844 |      (h)  Failure to maintain, preserve, and keep available for  | 
| 1845 | examination, all books, accounts, or other documents required by  | 
| 1846 | this chapter, by any rule or order adopted under this chapter,  | 
| 1847 | or by any agreement entered into with the office.; | 
| 1848 |      (i)  Refusal to permit inspection of books and records in  | 
| 1849 | an investigation or examination by the office or refusal to  | 
| 1850 | comply with a subpoena issued by the office.; | 
| 1851 |      (j)  Pleading nolo contendere to, or having been convicted  | 
| 1852 | or found guilty of, a crime involving fraud, dishonest dealing,  | 
| 1853 | or any act of moral turpitude, regardless of whether  | 
| 1854 | adjudication is withheld.; | 
| 1855 |      (k)  Paying money or anything else of value, directly or  | 
| 1856 | indirectly, to any person as compensation, inducement, or reward  | 
| 1857 | for referring loan applicants to a licensee.; | 
| 1858 |      (l)  Allowing any person other than the licensee to use the  | 
| 1859 | licensee's business name, address, or telephone number in an  | 
| 1860 | advertisement.; | 
| 1861 |      (m)  Accepting or advertising that the licensee accepts  | 
| 1862 | money on deposit or as consideration for the issuance or  | 
| 1863 | delivery of certificates of deposit, savings certificates, or  | 
| 1864 | similar instruments, except to the extent permitted under  | 
| 1865 | chapter 517.; or | 
| 1866 |      (n)  Failure to pay any fee, charge, or fine imposed or  | 
| 1867 | assessed pursuant to this chapter or any rule adopted under this  | 
| 1868 | chapter. | 
| 1869 |      (o)  Using the name or logo of a financial institution, as  | 
| 1870 | defined in s. 655.005(1), or its affiliates or subsidiaries when  | 
| 1871 | marketing or soliciting existing or prospective customers if  | 
| 1872 | such marketing materials are used without the written consent of  | 
| 1873 | the financial institution and in a manner that would lead a  | 
| 1874 | reasonable person to believe that the material or solicitation  | 
| 1875 | originated from, was endorsed by, or is related to or the  | 
| 1876 | responsibility of the financial institution or its affiliates or  | 
| 1877 | subsidiaries. | 
| 1878 |      (p)  Payment to the office for a license or permit with a  | 
| 1879 | check or electronic transmission of funds that is dishonored by  | 
| 1880 | the applicant's or licensee's financial institution. | 
| 1881 |      Section 29.  Section 516.08, Florida Statutes, is repealed. | 
| 1882 |      Section 30.  Subsection (3) is added to section 516.12,  | 
| 1883 | Florida Statutes, to read: | 
| 1884 |      516.12  Records to be kept by licensee.-- | 
| 1885 |      (3)  The commission may prescribe by rule the minimum  | 
| 1886 | information to be shown in the books, accounts, records, and  | 
| 1887 | documents of licensees for purposes of enabling the office to  | 
| 1888 | determine the licensee's compliance with ss. 516.001-516.36. In  | 
| 1889 | addition, the commission may prescribe by rule the requirements  | 
| 1890 | for the destruction of books, accounts, records, and documents  | 
| 1891 | retained by the licensee after completion of the time period  | 
| 1892 | specified in subsection (1). | 
| 1893 |      Section 31.  Section 516.19, Florida Statutes, is amended  | 
| 1894 | to read: | 
| 1895 |      516.19  Penalties.--Any person who violates any of the  | 
| 1896 | provisions of s. 516.02, s. 516.031, s. 516.05(3), s. 516.05(4),  | 
| 1897 | s. 516.05(6)(5), or s. 516.07(1)(e) is guilty of a misdemeanor  | 
| 1898 | of the first degree, punishable as provided in s. 775.082 or s.  | 
| 1899 | 775.083. | 
| 1900 |      Section 32.  Subsection (4) of section 517.021, Florida  | 
| 1901 | Statutes, is amended to read: | 
| 1902 |      517.021  Definitions.--When used in this chapter, unless  | 
| 1903 | the context otherwise indicates, the following terms have the  | 
| 1904 | following respective meanings: | 
| 1905 |      (4)  "Branch office" means any location in this state of a  | 
| 1906 | dealer or investment adviser at which one or more associated  | 
| 1907 | persons regularly conduct the business of rendering investment  | 
| 1908 | advice or effecting any transactions in, or inducing or  | 
| 1909 | attempting to induce the purchase or sale of, any security or  | 
| 1910 | any location that is held out as such. The commission may adopt  | 
| 1911 | by rule exceptions to this definition for dealers in order to  | 
| 1912 | maintain consistency with the definition of a branch office used  | 
| 1913 | by self-regulatory organizations authorized by the Securities  | 
| 1914 | and Exchange Commission, including, but not limited to, the  | 
| 1915 | National Association of Securities Dealers or the New York Stock  | 
| 1916 | Exchange. The commission may adopt by rule exceptions to this  | 
| 1917 | definition for investment advisers office of a dealer or  | 
| 1918 | investment adviser located in this state, other than the  | 
| 1919 | principal office of the dealer or investment adviser, which  | 
| 1920 | nonprincipal office is owned or controlled by the dealer or  | 
| 1921 | investment adviser for the purpose of conducting a securities  | 
| 1922 | business. | 
| 1923 |      Section 33.  Subsection (9) of section 517.051, Florida  | 
| 1924 | Statutes, is amended to read: | 
| 1925 |      517.051  Exempt securities.--The exemptions provided herein  | 
| 1926 | from the registration requirements of s. 517.07 are  | 
| 1927 | self-executing and do not require any filing with the office  | 
| 1928 | prior to claiming such exemption. Any person who claims  | 
| 1929 | entitlement to any of these exemptions bears the burden of  | 
| 1930 | proving such entitlement in any proceeding brought under this  | 
| 1931 | chapter. The registration provisions of s. 517.07 do not apply  | 
| 1932 | to any of the following securities: | 
| 1933 |      (9)  A security issued by a corporation organized and  | 
| 1934 | operated exclusively for religious, educational, benevolent,  | 
| 1935 | fraternal, charitable, or reformatory purposes and not for  | 
| 1936 | pecuniary profit, no part of the net earnings of which  | 
| 1937 | corporation inures to the benefit of any private stockholder or  | 
| 1938 | individual, or any security of a fund that is excluded from the  | 
| 1939 | definition of an investment company under s. 3(c)(10)(B) of the  | 
| 1940 | Investment Company Act of 1940; provided that no person shall  | 
| 1941 | directly or indirectly offer or sell securities under this  | 
| 1942 | subsection except by an offering circular containing full and  | 
| 1943 | fair disclosure, as prescribed by the rules of the commission,  | 
| 1944 | of all material information, including, but not limited to, a  | 
| 1945 | description of the securities offered and terms of the offering,  | 
| 1946 | a description of the nature of the issuer's business, a  | 
| 1947 | statement of the purpose of the offering and the intended  | 
| 1948 | application by the issuer of the proceeds thereof, and financial  | 
| 1949 | statements of the issuer prepared in conformance with United  | 
| 1950 | States generally accepted accounting principles. Section 6(c) of  | 
| 1951 | the Philanthropy Protection Act of 1995, Pub. L. No. 104-62,  | 
| 1952 | shall not preempt any provision of this chapter. | 
| 1953 |      Section 34.  Subsection (18) of section 517.061, Florida  | 
| 1954 | Statutes, is amended to read: | 
| 1955 |      517.061  Exempt transactions.--The exemption for each  | 
| 1956 | transaction listed below is self-executing and does not require  | 
| 1957 | any filing with the office prior to claiming such exemption. Any  | 
| 1958 | person who claims entitlement to any of the exemptions bears the  | 
| 1959 | burden of proving such entitlement in any proceeding brought  | 
| 1960 | under this chapter. The registration provisions of s. 517.07 do  | 
| 1961 | not apply to any of the following transactions; however, such  | 
| 1962 | transactions are subject to the provisions of ss. 517.301,  | 
| 1963 | 517.311, and 517.312: | 
| 1964 |      (18)  The offer or sale of any security effected by or  | 
| 1965 | through a person in compliance with registered pursuant to s.  | 
| 1966 | 517.12(17). | 
| 1967 |      Section 35.  Paragraph (g) of subsection (3) of section  | 
| 1968 | 517.081, Florida Statutes, is amended to read: | 
| 1969 |      517.081  Registration procedure.-- | 
| 1970 |      (3)  The office may require the applicant to submit to the  | 
| 1971 | office the following information concerning the issuer and such  | 
| 1972 | other relevant information as the office may in its judgment  | 
| 1973 | deem necessary to enable it to ascertain whether such securities  | 
| 1974 | shall be registered pursuant to the provisions of this section: | 
| 1975 |      (g)1.  A specimen copy of the security and a copy of any  | 
| 1976 | circular, prospectus, advertisement, or other description of  | 
| 1977 | such securities. | 
| 1978 |      2.  The commission shall adopt a form for a simplified  | 
| 1979 | offering circular to be used solely by corporations to register,  | 
| 1980 | under this section, securities of the corporation that are sold  | 
| 1981 | in offerings in which the aggregate offering price in any  | 
| 1982 | consecutive 12-month period does not exceed the amount provided  | 
| 1983 | in s. 3(b) of the Securities Act of 1933. The following issuers  | 
| 1984 | shall not be eligible to submit a simplified offering circular  | 
| 1985 | adopted pursuant to this subparagraph: | 
| 1986 |      a.  An issuer seeking to register securities for resale by  | 
| 1987 | persons other than the issuer. | 
| 1988 |      b.  An issuer who is subject to any of the  | 
| 1989 | disqualifications described in 17 C.F.R. s. 230.262, adopted  | 
| 1990 | pursuant to the Securities Act of 1933, or who has been or is  | 
| 1991 | engaged or is about to engage in an activity that would be  | 
| 1992 | grounds for denial, revocation, or suspension under s. 517.111.  | 
| 1993 | For purposes of this subparagraph, an issuer includes an  | 
| 1994 | issuer's director, officer, shareholder who owns at least 10  | 
| 1995 | percent of the shares of the issuer, promoter, or selling agent  | 
| 1996 | of the securities to be offered or any officer, director, or  | 
| 1997 | partner of such selling agent. | 
| 1998 |      c.  An issuer who is a development-stage company that  | 
| 1999 | either has no specific business plan or purpose or has indicated  | 
| 2000 | that its business plan is to merge with an unidentified company  | 
| 2001 | or companies. | 
| 2002 |      d.  An issuer of offerings in which the specific business  | 
| 2003 | or properties cannot be described. | 
| 2004 |      e.  Any issuer the office determines is ineligible if the  | 
| 2005 | form would not provide full and fair disclosure of material  | 
| 2006 | information for the type of offering to be registered by the  | 
| 2007 | issuer. | 
| 2008 |      f.  Any corporation which has failed to provide the office  | 
| 2009 | the reports required for a previous offering registered pursuant  | 
| 2010 | to this subparagraph. | 
| 2011 | 
  | 
| 2012 | As a condition precedent to qualifying for use of the simplified  | 
| 2013 | offering circular, a corporation shall agree to provide the  | 
| 2014 | office with an annual financial report containing a balance  | 
| 2015 | sheet as of the end of the issuer's fiscal year and a statement  | 
| 2016 | of income for such year, prepared in accordance with United  | 
| 2017 | States generally accepted accounting principles and accompanied  | 
| 2018 | by an independent accountant's report. If the issuer has more  | 
| 2019 | than 100 security holders at the end of a fiscal year, the  | 
| 2020 | financial statements must be audited. Annual financial reports  | 
| 2021 | must be filed with the office within 90 days after the close of  | 
| 2022 | the issuer's fiscal year for each of the first 5 years following  | 
| 2023 | the effective date of the registration. | 
| 2024 |      Section 36.  Subsections (6), (7), (10), (11), (15), and  | 
| 2025 | (17) of section 517.12, Florida Statutes, are amended to read: | 
| 2026 |      517.12  Registration of dealers, associated persons,  | 
| 2027 | investment advisers, and branch offices.-- | 
| 2028 |      (6)  A dealer, associated person, investment adviser, or  | 
| 2029 | branch office, in order to obtain registration, must file with  | 
| 2030 | the office a written application, on a form which the commission  | 
| 2031 | may by rule prescribe, verified under oath. The commission may  | 
| 2032 | establish, by rule, procedures for depositing fees and filing  | 
| 2033 | documents by electronic means provided such procedures provide  | 
| 2034 | the office with the information and data required by this  | 
| 2035 | section. Each dealer or investment adviser must also file an  | 
| 2036 | irrevocable written consent to service of civil process similar  | 
| 2037 | to that provided for in s. 517.101. The application shall  | 
| 2038 | contain such information as the commission or office may require  | 
| 2039 | concerning such matters as: | 
| 2040 |      (a)  The name of the applicant and the address of its  | 
| 2041 | principal office and each office in this state. | 
| 2042 |      (b)  The applicant's form and place of organization; and,  | 
| 2043 | if the applicant is a corporation, a copy of its articles of  | 
| 2044 | incorporation and amendments to the articles of incorporation  | 
| 2045 | or, if a partnership, a copy of the partnership agreement. | 
| 2046 |      (c)  The applicant's proposed method of doing business and  | 
| 2047 | financial condition and history, including a certified financial  | 
| 2048 | statement showing all assets and all liabilities, including  | 
| 2049 | contingent liabilities of the applicant as of a date not more  | 
| 2050 | than 90 days prior to the filing of the application. | 
| 2051 |      (d)  The names and addresses of all associated persons of  | 
| 2052 | the applicant to be employed in this state and the offices to  | 
| 2053 | which they will be assigned. | 
| 2054 |      (7)  The application shall also contain such information as  | 
| 2055 | the commission or office may require about the applicant; any  | 
| 2056 | partner, officer, or director of the applicant or any person  | 
| 2057 | having a similar status or performing similar functions; any  | 
| 2058 | person directly or indirectly controlling the applicant; or any  | 
| 2059 | employee of a dealer or of an investment adviser rendering  | 
| 2060 | investment advisory services. Each applicant shall file a  | 
| 2061 | complete set of fingerprints. A fingerprint card submitted to  | 
| 2062 | the office must be taken by an authorized law enforcement agency  | 
| 2063 | officer. The office shall submit the Such fingerprints shall be  | 
| 2064 | submitted to the Department of Law Enforcement for state  | 
| 2065 | processing and the Department of Law Enforcement shall forward  | 
| 2066 | the fingerprints to or the Federal Bureau of Investigation for  | 
| 2067 | state and federal processing. The cost of the fingerprint  | 
| 2068 | processing may be borne by the office, the employer, or the  | 
| 2069 | person subject to the background check. The Department of Law  | 
| 2070 | Enforcement shall submit an invoice to the office for the  | 
| 2071 | fingerprints received each month. The office shall screen the  | 
| 2072 | background results to determine if the applicant meets licensure  | 
| 2073 | requirements. The commission may waive, by rule, the requirement  | 
| 2074 | that applicants must file a set of fingerprints or the  | 
| 2075 | requirement that such fingerprints must be processed by the  | 
| 2076 | Department of Law Enforcement or the Federal Bureau of  | 
| 2077 | Investigation. The commission or office may require information  | 
| 2078 | about any such applicant or person concerning such matters as: | 
| 2079 |      (a)  His or her full name, and any other names by which he  | 
| 2080 | or she may have been known, and his or her age, social security  | 
| 2081 | number, photograph, qualifications, and educational and business  | 
| 2082 | history. | 
| 2083 |      (b)  Any injunction or administrative order by a state or  | 
| 2084 | federal agency, national securities exchange, or national  | 
| 2085 | securities association involving a security or any aspect of the  | 
| 2086 | securities business and any injunction or administrative order  | 
| 2087 | by a state or federal agency regulating banking, insurance,  | 
| 2088 | finance, or small loan companies, real estate, mortgage brokers,  | 
| 2089 | or other related or similar industries, which injunctions or  | 
| 2090 | administrative orders relate to such person. | 
| 2091 |      (c)  His or her conviction of, or plea of nolo contendere  | 
| 2092 | to, a criminal offense or his or her commission of any acts  | 
| 2093 | which would be grounds for refusal of an application under s.  | 
| 2094 | 517.161. | 
| 2095 |      (d)  The names and addresses of other persons of whom the  | 
| 2096 | office may inquire as to his or her character, reputation, and  | 
| 2097 | financial responsibility. | 
| 2098 |      (10)  An applicant for registration shall pay an assessment  | 
| 2099 | fee of $200, in the case of a dealer or investment adviser, or  | 
| 2100 | $40, in the case of an associated person. The assessment fee of  | 
| 2101 | an associated person shall be reduced to $30, but only after the  | 
| 2102 | office determines, by final order, that sufficient funds have  | 
| 2103 | been allocated to the Securities Guaranty Fund pursuant to s.  | 
| 2104 | 517.1203 to satisfy all valid claims filed in accordance with s.  | 
| 2105 | 517.1203(2) and after all amounts payable under any service  | 
| 2106 | contract entered into by the office pursuant to s. 517.1204, and  | 
| 2107 | all notes, bonds, certificates of indebtedness, other  | 
| 2108 | obligations, or evidences of indebtedness secured by such notes,  | 
| 2109 | bonds, certificates of indebtedness, or other obligations, have  | 
| 2110 | been paid or provision has been made for the payment of such  | 
| 2111 | amounts, notes, bonds, certificates of indebtedness, other  | 
| 2112 | obligations, or evidences of indebtedness. An associated person  | 
| 2113 | may not having current fingerprint cards filed with the National  | 
| 2114 | Association of Securities Dealers or a national securities  | 
| 2115 | exchange registered with the Securities and Exchange Commission  | 
| 2116 | shall be assessed an additional fee to cover the cost for the  | 
| 2117 | said fingerprint cards to be processed by the office. Such fee  | 
| 2118 | shall be determined by rule of the commission. Each dealer and  | 
| 2119 | each investment adviser shall pay an assessment fee of $100 for  | 
| 2120 | each office in this state, except its designated principal  | 
| 2121 | office. Such fees become the revenue of the state, except for  | 
| 2122 | those assessments provided for under s. 517.131(1) until such  | 
| 2123 | time as the Securities Guaranty Fund satisfies the statutory  | 
| 2124 | limits, and are not returnable in the event that registration is  | 
| 2125 | withdrawn or not granted. | 
| 2126 |      (11)  If the office finds that the applicant is of good  | 
| 2127 | repute and character and has complied with the provisions of  | 
| 2128 | this chapter and the rules made pursuant hereto, it shall  | 
| 2129 | register the applicant. The registration of each dealer,  | 
| 2130 | investment adviser, branch office, and associated person expires  | 
| 2131 | will expire on December 31 of the year the registration became  | 
| 2132 | effective unless the registrant has renewed his or her  | 
| 2133 | registration on or before that date. The commission may  | 
| 2134 | establish by rule procedures for renewing the registration of a  | 
| 2135 | branch office through the Central Registration Depository, and  | 
| 2136 | the registration of each branch office will expire on March 31,  | 
| 2137 | of the year in which it became effective unless the registrant  | 
| 2138 | has renewed its registration on or before that date.  | 
| 2139 | Registration may be renewed by furnishing such information as  | 
| 2140 | the commission may require, together with payment of the fee  | 
| 2141 | required in subsection (10) for dealers, investment advisers,  | 
| 2142 | associated persons, or branch offices and the payment of any  | 
| 2143 | amount lawfully due and owing to the office pursuant to any  | 
| 2144 | order of the office or pursuant to any agreement with the  | 
| 2145 | office. Any dealer, investment adviser, or associated person  | 
| 2146 | registrant who has not renewed a registration by the time the  | 
| 2147 | current registration expires may request reinstatement of such  | 
| 2148 | registration by filing with the office, on or before January 31  | 
| 2149 | of the year following the year of expiration, such information  | 
| 2150 | as may be required by the commission, together with payment of  | 
| 2151 | the fee required in subsection (10) for dealers, investment  | 
| 2152 | advisers, or associated persons and a late fee equal to the  | 
| 2153 | amount of such fee. Any reinstatement of registration granted by  | 
| 2154 | the office during the month of January shall be deemed effective  | 
| 2155 | retroactive to January 1 of that year. | 
| 2156 |      (15)(a)  In order to facilitate uniformity and streamline  | 
| 2157 | procedures for persons who are subject to registration in  | 
| 2158 | multiple jurisdictions, the commission may adopt by rule uniform  | 
| 2159 | forms that have been approved by the Securities and Exchange  | 
| 2160 | Commission, and any subsequent amendments to such forms, if the  | 
| 2161 | forms are substantially consistent with the provisions of this  | 
| 2162 | chapter. Uniform forms that the commission may adopt to  | 
| 2163 | administer this section include, but are not limited to: | 
| 2164 |      1.  Form BR, Uniform Branch Office Registration Form,  | 
| 2165 | adopted October 2005. | 
| 2166 |      2.  Form U4, Uniform Application for Securities Industry  | 
| 2167 | Registration or Transfer, adopted October 2005. | 
| 2168 |      3.  Form U5, Uniform Termination Notice for Securities  | 
| 2169 | Industry Registration, adopted October 2005. | 
| 2170 |      4.  Form ADV, Uniform Application for Investment Adviser  | 
| 2171 | Registration, adopted October 2003. | 
| 2172 |      5.  Form ADV-W, Notice of Withdrawal from Registration as  | 
| 2173 | an Investment Adviser, adopted October 2003. | 
| 2174 |      6.  Form BD, Uniform Application for Broker-Dealer  | 
| 2175 | Registration, adopted July 1999. | 
| 2176 |      7.  Form BDW, Uniform Request for Broker-Dealer Withdrawal,  | 
| 2177 | adopted August 1999. | 
| 2178 |      (b)  In lieu of filing with the office the applications  | 
| 2179 | specified in subsection (6), the fees required by subsection  | 
| 2180 | (10), the renewals required by subsection (11), and the  | 
| 2181 | termination notices required by subsection (12), the commission  | 
| 2182 | may by rule establish procedures for the deposit of such fees  | 
| 2183 | and documents with the Central Registration Depository or the  | 
| 2184 | Investment Adviser Registration Depository of the National  | 
| 2185 | Association of Securities Dealers, Inc., as developed under  | 
| 2186 | contract with the North American Securities Administrators  | 
| 2187 | Association, Inc.; provided, however, that such procedures shall  | 
| 2188 | provide the office with the information and data as required by  | 
| 2189 | this section. | 
| 2190 |      (17)(a)  A dealer that is located in Canada, does not have  | 
| 2191 | an and has no office or other physical presence in this state,  | 
| 2192 | and has made a notice filing in accordance with this subsection  | 
| 2193 | is exempt from the registration requirements of this section and  | 
| 2194 | may, provided the dealer is registered in accordance with this  | 
| 2195 | section, effect transactions in securities with or for, or  | 
| 2196 | induce or attempt to induce the purchase or sale of any security  | 
| 2197 | by: | 
| 2198 |      1.  A person from Canada who is present temporarily resides  | 
| 2199 | in this state and with whom the Canadian dealer had a bona fide  | 
| 2200 | dealer-client relationship before the person entered the United  | 
| 2201 | States; or | 
| 2202 |      2.  A person from Canada who is present in a resident of  | 
| 2203 | this state, and whose transactions are in a self-directed, tax- | 
| 2204 | advantaged tax advantage retirement plan in Canada of which the  | 
| 2205 | person is the holder or contributor. | 
| 2206 |      (b)  A notice filing under this subsection must consist of  | 
| 2207 | documents the commission by rule requires to be filed, together  | 
| 2208 | with a consent to service of process and a nonrefundable filing  | 
| 2209 | fee of $200. The commission may establish by rule procedures for  | 
| 2210 | the deposit of fees and the filing of documents to be made by  | 
| 2211 | electronic means, if such procedures provide the office with the  | 
| 2212 | information and data required by this section An associated  | 
| 2213 | person who represents a Canadian dealer registered under this  | 
| 2214 | section may, provided the agent is registered in accordance with  | 
| 2215 | this section, effect transactions in securities in this state as  | 
| 2216 | permitted for a dealer, under subsection (a). | 
| 2217 |      (c)  A Canadian dealer may make a notice filing register  | 
| 2218 | under this subsection if the section provided that such dealer  | 
| 2219 | provides to the office: | 
| 2220 |      1.  A notice filing Files an application in the form the  | 
| 2221 | commission requires by rule required by the jurisdiction in  | 
| 2222 | which the dealer has a head office. | 
| 2223 |      2.  Files A consent to service of process. | 
| 2224 |      3.  Evidence that the Canadian dealer is registered as a  | 
| 2225 | dealer in good standing in the jurisdiction in which the  | 
| 2226 | dealer's main office is located from which it is effecting  | 
| 2227 | transactions into this state and files evidence of such  | 
| 2228 | registration with the office. | 
| 2229 |      4.  Evidence that the Canadian dealer is a member of a  | 
| 2230 | self-regulatory organization or stock exchange in Canada. | 
| 2231 |      (d)  The office may issue a permit to evidence the  | 
| 2232 | effectiveness of a notice filing for a Canadian dealer. | 
| 2233 |      (e)  A notice filing is effective upon receipt by the  | 
| 2234 | office. A notice filing expires on December 31 of the year in  | 
| 2235 | which the filing becomes effective unless the Canadian dealer  | 
| 2236 | has renewed the filing on or before that date. A Canadian dealer  | 
| 2237 | may annually renew a notice filing by furnishing to the office  | 
| 2238 | such information as the office requires together with a renewal  | 
| 2239 | fee of $200 and the payment of any amount due and owing the  | 
| 2240 | office pursuant to any agreement with the office. Any Canadian  | 
| 2241 | dealer who has not renewed a notice filing by the time a current  | 
| 2242 | notice filing expires may request reinstatement of such notice  | 
| 2243 | filing by filing with the office, on or before January 31 of the  | 
| 2244 | year following the year the notice filing expires, such  | 
| 2245 | information as the commission requires by rule, together with  | 
| 2246 | the payment of $200 and a late fee of $200. A reinstatement of a  | 
| 2247 | notice filing granted by the office during the month of January  | 
| 2248 | is effective retroactively to January 1 of that year. | 
| 2249 |      (f)(d)  An associated person who represents a Canadian  | 
| 2250 | dealer who has made a notice filing registered under this  | 
| 2251 | subsection is exempt from the registration requirements of this  | 
| 2252 | section and may effect section in effecting transactions in  | 
| 2253 | securities in this state as permitted for a dealer under  | 
| 2254 | paragraph (a) if such person may register under this section  | 
| 2255 | provided that such person: | 
| 2256 |      1.  Files an application in the form required by the  | 
| 2257 | jurisdiction in which the dealer has its head office. | 
| 2258 |      2.  is registered in good standing in the jurisdiction from  | 
| 2259 | which he or she is effecting transactions into this state and  | 
| 2260 | files evidence of such registration with the office. | 
| 2261 |      (e)  If the office finds that the applicant is of good  | 
| 2262 | repute and character and has complied with the provisions of  | 
| 2263 | this chapter, the office shall register the applicant. | 
| 2264 |      (g)(f)  A Canadian dealer who has made a notice filing  | 
| 2265 | registered under this subsection section shall: | 
| 2266 |      1.  Maintain its provincial or territorial registration and  | 
| 2267 | its membership in a self-regulatory organization or stock  | 
| 2268 | exchange in good standing. | 
| 2269 |      2.  Provide the office upon request with its books and  | 
| 2270 | records relating to its business in this state as a dealer. | 
| 2271 |      3.  Provide the office upon request notice of each civil,  | 
| 2272 | criminal, or administrative action initiated against the dealer. | 
| 2273 |      4.  Disclose to its clients in this state that the dealer  | 
| 2274 | and its associated persons agents are not subject to the full  | 
| 2275 | regulatory requirements under this chapter. | 
| 2276 |      5.  Correct any inaccurate information within 30 days  | 
| 2277 | after, if the information contained in the notice filing  | 
| 2278 | application form becomes inaccurate for any reason before or  | 
| 2279 | after the dealer becomes registered. | 
| 2280 |      (h)(g)  An associated person representing of a Canadian  | 
| 2281 | dealer who has made a notice filing registered under this  | 
| 2282 | subsection section shall: | 
| 2283 |      1.  Maintain provincial or territorial registration in good  | 
| 2284 | standing. | 
| 2285 |      2.  Provide the office upon request with notice of each  | 
| 2286 | civil, criminal, or administrative action initiated against such  | 
| 2287 | person. | 
| 2288 |      3.  Through the dealer, correct any inaccurate information  | 
| 2289 | within 30 days, if the information contained in the application  | 
| 2290 | form becomes inaccurate for any reason before or after the  | 
| 2291 | associated person becomes registered. | 
| 2292 |      (i)  A notice filing may be terminated by filing notice of  | 
| 2293 | such termination with the office. Unless another date is  | 
| 2294 | specified by the Canadian dealer, such notice is effective upon  | 
| 2295 | receipt of the notice by the office. | 
| 2296 |      (j)  All fees collected under this subsection become the  | 
| 2297 | revenue of the state, except those assessments provided for  | 
| 2298 | under s. 517.131(1), until the Securities Guaranty Fund has  | 
| 2299 | satisfied the statutory limits. Such fees are not returnable if  | 
| 2300 | a notice filing is withdrawn. | 
| 2301 |      (h)  Renewal applications for Canadian dealers and  | 
| 2302 | associated persons under this section must be filed before  | 
| 2303 | December 31 each year. Every applicant for registration or  | 
| 2304 | renewal registration under this section shall pay the fee for  | 
| 2305 | dealers and associated persons under this chapter. | 
| 2306 |      Section 37.  Paragraphs (b) and (e) of subsection (3) of  | 
| 2307 | section 517.131, Florida Statutes, are amended, and subsection  | 
| 2308 | (5) is added to that section, to read: | 
| 2309 |      517.131  Securities Guaranty Fund.-- | 
| 2310 |      (3)  Any person is eligible to seek recovery from the  | 
| 2311 | Securities Guaranty Fund if: | 
| 2312 |      (b)  Such person has made all reasonable searches and  | 
| 2313 | inquiries to ascertain whether the judgment debtor possesses  | 
| 2314 | real or personal property or other assets subject to being sold  | 
| 2315 | or applied in satisfaction of the judgment, and by her or his  | 
| 2316 | search the person has discovered no property or assets; or she  | 
| 2317 | or he has discovered property and assets and has taken all  | 
| 2318 | necessary action and proceedings for the application thereof to  | 
| 2319 | the judgment, but the amount thereby realized was insufficient  | 
| 2320 | to satisfy the judgment. To verify compliance with such  | 
| 2321 | condition, the office may require such person to have a writ of  | 
| 2322 | execution be issued upon such judgment, and may further require  | 
| 2323 | a showing that no personal or real property of the judgment  | 
| 2324 | debtor liable to be levied upon in complete satisfaction of the  | 
| 2325 | judgment can be found, or may require an affidavit from the  | 
| 2326 | claimant setting forth the reasonable searches and inquiries  | 
| 2327 | undertaken and the result of those searches and inquiries. | 
| 2328 |      (e)  The office waives compliance with the requirements of  | 
| 2329 | paragraph (a) or paragraph (b). The office may waive such  | 
| 2330 | compliance if the dealer, investment adviser, or associated  | 
| 2331 | person which is the subject of the claim filed with the office  | 
| 2332 | is the subject of any proceeding in which a receiver has been  | 
| 2333 | appointed by a court of competent jurisdiction. If the office  | 
| 2334 | waives such compliance, the office may, upon petition by the  | 
| 2335 | debtor or the court-appointed trustee, examiner, or receiver,  | 
| 2336 | distribute funds from the Securities Guaranty Fund up to the  | 
| 2337 | amount allowed under s. 517.141. Any waiver granted pursuant to  | 
| 2338 | this section shall be considered a judgment for purposes of  | 
| 2339 | complying with the requirements of this section and of s.  | 
| 2340 | 517.141. | 
| 2341 |      (5)  The commission may adopt rules pursuant to ss.  | 
| 2342 | 120.536(1) and 120.54 specifying the procedures for complying  | 
| 2343 | with subsections (2), (3), and (4), including rules for the form  | 
| 2344 | of submission and guidelines for the sufficiency and content of  | 
| 2345 | submissions of notices and claims. | 
| 2346 |      Section 38.  Subsections (2) and (5) of section 517.141,  | 
| 2347 | Florida Statutes, are amended, and subsection (11) is added to  | 
| 2348 | that section, to read: | 
| 2349 |      517.141  Payment from the fund.-- | 
| 2350 |      (2)  Regardless of the number of claims or claimants  | 
| 2351 | involved, payments for claims shall be limited in the aggregate  | 
| 2352 | to $100,000 against any one dealer, investment adviser, or  | 
| 2353 | associated person. If the total claims exceed the aggregate  | 
| 2354 | limit of $100,000, the office shall prorate the payment based  | 
| 2355 | upon the ratio that the person's claim bears to the total claims  | 
| 2356 | filed. | 
| 2357 |      (5)  If the final judgment that which gave rise to the  | 
| 2358 | claim is overturned in any appeal or in any collateral  | 
| 2359 | proceeding, the claimant shall reimburse the fund all amounts  | 
| 2360 | paid from the fund to the claimant on the claim. If the claimant  | 
| 2361 | satisfies the judgment specified in s. 517.131(3)(a), the  | 
| 2362 | claimant shall reimburse the fund all amounts paid from the fund  | 
| 2363 | to the claimant on the claim. Such reimbursement shall be paid  | 
| 2364 | to the office within 60 days after the final resolution of the  | 
| 2365 | appellate or collateral proceedings or the satisfaction of  | 
| 2366 | judgment, with the 60-day period commencing on the date the  | 
| 2367 | final order or decision is entered in such proceedings. | 
| 2368 |      (11)  The commission may adopt rules pursuant to ss.  | 
| 2369 | 120.536(1) and 120.54 specifying procedures for complying with  | 
| 2370 | this section, including rules for the form of submission and  | 
| 2371 | guidelines for the sufficiency and content of submissions of  | 
| 2372 | notices and claims. | 
| 2373 |      Section 39.  Subsection (1) of section 517.161, Florida  | 
| 2374 | Statutes, is amended to read: | 
| 2375 |      517.161  Revocation, denial, or suspension of registration  | 
| 2376 | of dealer, investment adviser, associated person, or branch  | 
| 2377 | office.-- | 
| 2378 |      (1)  Registration under s. 517.12 may be denied or any  | 
| 2379 | registration granted may be revoked, restricted, or suspended by  | 
| 2380 | the office if the office determines that such applicant or  | 
| 2381 | registrant: | 
| 2382 |      (a)  Has violated any provision of this chapter or any rule  | 
| 2383 | or order made under this chapter; | 
| 2384 |      (b)  Has made a material false statement in the application  | 
| 2385 | for registration; | 
| 2386 |      (c)  Has been guilty of a fraudulent act in connection with  | 
| 2387 | rendering investment advice or in connection with any sale of  | 
| 2388 | securities, has been or is engaged or is about to engage in  | 
| 2389 | making fictitious or pretended sales or purchases of any such  | 
| 2390 | securities or in any practice involving the rendering of  | 
| 2391 | investment advice or the sale of securities which is fraudulent  | 
| 2392 | or in violation of the law; | 
| 2393 |      (d)  Has made a misrepresentation or false statement to, or  | 
| 2394 | concealed any essential or material fact from, any person in the  | 
| 2395 | rendering of investment advice or the sale of a security to such  | 
| 2396 | person; | 
| 2397 |      (e)  Has failed to account to persons interested for all  | 
| 2398 | money and property received; | 
| 2399 |      (f)  Has not delivered, after a reasonable time, to persons  | 
| 2400 | entitled thereto securities held or agreed to be delivered by  | 
| 2401 | the dealer, broker, or investment adviser, as and when paid for,  | 
| 2402 | and due to be delivered; | 
| 2403 |      (g)  Is rendering investment advice or selling or offering  | 
| 2404 | for sale securities through any associated person not registered  | 
| 2405 | in compliance with the provisions of this chapter; | 
| 2406 |      (h)  Has demonstrated unworthiness to transact the business  | 
| 2407 | of dealer, investment adviser, or associated person; | 
| 2408 |      (i)  Has exercised management or policy control over or  | 
| 2409 | owned 10 percent or more of the securities of any dealer or  | 
| 2410 | investment adviser that has been declared bankrupt, or had a  | 
| 2411 | trustee appointed under the Securities Investor Protection Act;  | 
| 2412 | or is, in the case of a dealer or investment adviser, insolvent; | 
| 2413 |      (j)  Has been convicted of, or has entered a plea of guilty  | 
| 2414 | or nolo contendere to, a crime against the laws of this state or  | 
| 2415 | any other state or of the United States or of any other country  | 
| 2416 | or government which relates to registration as a dealer,  | 
| 2417 | investment adviser, issuer of securities, associated person, or  | 
| 2418 | branch office; which relates to the application for such  | 
| 2419 | registration; or which involves moral turpitude or fraudulent or  | 
| 2420 | dishonest dealing; | 
| 2421 |      (k)  Has had a final judgment entered against her or him in  | 
| 2422 | a civil action upon grounds of fraud, embezzlement,  | 
| 2423 | misrepresentation, or deceit; | 
| 2424 |      (l)  Is of bad business repute; or | 
| 2425 |      (m)  Has been the subject of any decision, finding,  | 
| 2426 | injunction, suspension, prohibition, revocation, denial,  | 
| 2427 | judgment, or administrative order by any court of competent  | 
| 2428 | jurisdiction, administrative law judge, or by any state or  | 
| 2429 | federal agency, national securities, commodities, or option  | 
| 2430 | exchange, or national securities, commodities, or option  | 
| 2431 | association, involving a violation of any federal or state  | 
| 2432 | securities or commodities law or any rule or regulation  | 
| 2433 | promulgated thereunder, or any rule or regulation of any  | 
| 2434 | national securities, commodities, or options exchange or  | 
| 2435 | national securities, commodities, or options association, or has  | 
| 2436 | been the subject of any injunction or adverse administrative  | 
| 2437 | order by a state or federal agency regulating banking,  | 
| 2438 | insurance, finance or small loan companies, real estate,  | 
| 2439 | mortgage brokers or lenders, money transmitters, or other  | 
| 2440 | related or similar industries. For purposes of this subsection,  | 
| 2441 | the office may not deny registration to any applicant who has  | 
| 2442 | been continuously registered with the office for 5 years from  | 
| 2443 | the entry of such decision, finding, injunction, suspension,  | 
| 2444 | prohibition, revocation, denial, judgment, or administrative  | 
| 2445 | order provided such decision, finding, injunction, suspension,  | 
| 2446 | prohibition, revocation, denial, judgment, or administrative  | 
| 2447 | order has been timely reported to the office pursuant to the  | 
| 2448 | commission's rules; or. | 
| 2449 |      (n)  Made payment to the office for a registration or  | 
| 2450 | notice filing with a check or electronic transmission of funds  | 
| 2451 | that is dishonored by the applicant's, registrant's, or notice  | 
| 2452 | filer's financial institution. | 
| 2453 |      Section 40.  Section 520.02, Florida Statutes, is amended  | 
| 2454 | to read: | 
| 2455 |      520.02  Definitions.--In this act, unless the context or  | 
| 2456 | subject matter otherwise requires: | 
| 2457 |      (1)  "Branch" means any location, other than a licensee's  | 
| 2458 | principal place of business, at which a licensee operates or  | 
| 2459 | conducts business under this act or which a licensee owns or  | 
| 2460 | controls for the purpose of conducting business under this act. | 
| 2461 |      (2)  "Cash price" means the price at which a seller, in the  | 
| 2462 | ordinary course of business, offers to sell for cash the  | 
| 2463 | property or service that is the subject of the transaction. At  | 
| 2464 | the seller's option, the term "cash price" may include the price  | 
| 2465 | of accessories, services related to the sale, service contracts,  | 
| 2466 | and taxes and fees for license, title, and registration of the  | 
| 2467 | motor vehicle. The term "cash price" does not include any  | 
| 2468 | finance charge. | 
| 2469 |      (3)  "Commission" means the Financial Services Commission. | 
| 2470 |      (4)  "Control person" means an individual, partnership,  | 
| 2471 | corporation, trust, or other organization that possesses the  | 
| 2472 | power, directly or indirectly, to direct the management or  | 
| 2473 | policies of a company, whether through ownership of securities,  | 
| 2474 | by contract, or otherwise. A person is presumed to control a  | 
| 2475 | company if, with respect to a particular company, that person: | 
| 2476 |      (a)  Is a director, general partner, or officer exercising  | 
| 2477 | executive responsibility or having similar status or functions; | 
| 2478 |      (b)  Directly or indirectly may vote 10 percent or more of  | 
| 2479 | a class of a voting security or sell or direct the sale of 10  | 
| 2480 | percent or more of a class of voting securities; or | 
| 2481 |      (c)  In the case of a partnership, may receive upon  | 
| 2482 | dissolution or has contributed 10 percent or more of the  | 
| 2483 | capital. | 
| 2484 |      (5)  "Down payment" means the amount, including the value  | 
| 2485 | of any property used as a trade-in, paid to a seller to reduce  | 
| 2486 | the cash price of goods or services purchased in a credit sale  | 
| 2487 | transaction. A deferred portion of a down payment may be treated  | 
| 2488 | as part of the down payment if it is payable not later than the  | 
| 2489 | due date of the second otherwise regularly scheduled payment and  | 
| 2490 | is not subject to a finance charge. | 
| 2491 |      (6)  "Finance charge" means the cost of consumer credit as  | 
| 2492 | a dollar amount. The term "finance charge" includes any charge  | 
| 2493 | payable directly or indirectly by the buyer and imposed directly  | 
| 2494 | or indirectly by the seller as an incident to or a condition of  | 
| 2495 | the extension of credit. The term "finance charge" does not  | 
| 2496 | include any charge of a type payable in a comparable cash  | 
| 2497 | transaction. | 
| 2498 |      (7)  "Holder" of a retail installment contract means the  | 
| 2499 | retail seller of a motor vehicle retail installment contract or  | 
| 2500 | an assignee of such contract. | 
| 2501 |      (8)  "Mobile home" means a structure, transportable in one  | 
| 2502 | or more sections, which is 8 body feet or more in width and is  | 
| 2503 | 32 body feet or more in length, designed to be used as a  | 
| 2504 | dwelling with or without a permanent foundation when connected  | 
| 2505 | to the required utilities, and includes the plumbing, heating,  | 
| 2506 | air-conditioning, and electrical systems contained therein. | 
| 2507 |      (9)  "Motor vehicle" means any device or vehicle, including  | 
| 2508 | automobiles, motorcycles, motor trucks, trailers, mobile homes,  | 
| 2509 | and all other vehicles operated over the public highways and  | 
| 2510 | streets of this state and propelled by power other than muscular  | 
| 2511 | power, but excluding traction engines, road rollers, implements  | 
| 2512 | of husbandry and other agricultural equipment, and vehicles  | 
| 2513 | which run only upon a track. | 
| 2514 |      (10)(15)  "Motor vehicle retail installment seller" or  | 
| 2515 | "seller" means a person engaged in the business of selling motor  | 
| 2516 | vehicles to retail buyers in retail installment transactions. | 
| 2517 |      (11)(4)  "Office" means the Office of Financial Regulation  | 
| 2518 | of the commission. | 
| 2519 |      (12)(10)  "Official fees" means fees and charges prescribed  | 
| 2520 | by law which actually are or will be paid to public officials  | 
| 2521 | for determining the existence of, or for perfecting, releasing,  | 
| 2522 | or satisfying, any security related to the credit transaction,  | 
| 2523 | or the premium payable for any insurance in lieu of perfecting  | 
| 2524 | any security interest otherwise required by the creditor in  | 
| 2525 | connection with the transaction, if the premium does not exceed  | 
| 2526 | the fees and charges which would otherwise be payable to public  | 
| 2527 | officials. | 
| 2528 |      (13)(11)  "Person" means an individual, partnership,  | 
| 2529 | corporation, association, and any other group however organized. | 
| 2530 |      (14)(12)  "Principal place of business" means the physical  | 
| 2531 | location designated on the licensee's application for licensure,  | 
| 2532 | unless otherwise designated as required by this chapter. | 
| 2533 |      (15)(13)  "Retail buyer" or "buyer" means a person who buys  | 
| 2534 | a motor vehicle from a seller not principally for the purpose of  | 
| 2535 | resale, and who executes a retail installment contract in  | 
| 2536 | connection therewith or a person who succeeds to the rights and  | 
| 2537 | obligations of such person. | 
| 2538 |      (16)(14)  "Retail installment contract" or "contract" means  | 
| 2539 | an agreement, entered into in this state, pursuant to which the  | 
| 2540 | title to, or a lien upon the motor vehicle, which is the subject  | 
| 2541 | matter of a retail installment transaction, is retained or taken  | 
| 2542 | by a seller from a retail buyer as security, in whole or in  | 
| 2543 | part, for the buyer's obligation. The term includes a  | 
| 2544 | conditional sales contract and a contract for the bailment or  | 
| 2545 | leasing of a motor vehicle by which the bailee or lessee  | 
| 2546 | contracts to pay as compensation for its use a sum substantially  | 
| 2547 | equivalent to or in excess of its value and by which it is  | 
| 2548 | agreed that the bailee or lessee is bound to become, or for no  | 
| 2549 | further or a merely nominal consideration, has the option of  | 
| 2550 | becoming, the owner of the motor vehicle upon full compliance  | 
| 2551 | with the provisions of the contract. | 
| 2552 |      (17)(16)  "Retail installment transaction" means any  | 
| 2553 | transaction evidenced by a retail installment contract entered  | 
| 2554 | into between a retail buyer and a seller wherein the retail  | 
| 2555 | buyer buys a motor vehicle from the seller at a deferred payment  | 
| 2556 | price payable in one or more deferred installments. | 
| 2557 |      (18)(17)  "Sales finance company" means a person engaged in  | 
| 2558 | the business of purchasing retail installment contracts from one  | 
| 2559 | or more sellers. The term includes, but is not limited to, a  | 
| 2560 | bank or trust company, if so engaged. The term does not include  | 
| 2561 | the pledge of an aggregate number of such contracts to secure a  | 
| 2562 | bona fide loan thereon. | 
| 2563 |      (19)(18)  Words in the singular include the plural and vice  | 
| 2564 | versa. | 
| 2565 |      Section 41.  Subsections (2) through (5) of section 520.03,  | 
| 2566 | Florida Statutes, are amended to read: | 
| 2567 |      520.03  Licenses.-- | 
| 2568 |      (2)  An application for a license under this part must be  | 
| 2569 | submitted to the office in such form as the commission may  | 
| 2570 | prescribe by rule. The commission may require each applicant to  | 
| 2571 | provide any information reasonably necessary to determine the  | 
| 2572 | applicant's eligibility for licensure. The applicant shall also  | 
| 2573 | provide information that the office requires concerning any  | 
| 2574 | officer, director, control person, member, partner, or joint  | 
| 2575 | venturer of the applicant or any person having the same or  | 
| 2576 | substantially similar status or performing substantially similar  | 
| 2577 | functions or any individual who is the ultimate equitable owner  | 
| 2578 | of a 10-percent or greater interest in the applicant. The office  | 
| 2579 | may require information concerning any such applicant or person,  | 
| 2580 | including, but not limited to, his or her full name and any  | 
| 2581 | other names by which he or she may have been known, age, social  | 
| 2582 | security number, residential history, qualifications,  | 
| 2583 | educational and business history, and disciplinary and criminal  | 
| 2584 | history. If the office determines that an application should be  | 
| 2585 | granted, it shall issue the license for a period not to exceed 2  | 
| 2586 | years. A nonrefundable application fee of $175 shall accompany  | 
| 2587 | an initial application for the principal place of business and  | 
| 2588 | each application for a branch location of a retail installment  | 
| 2589 | seller who is required to be licensed under this chapter. An  | 
| 2590 | application is considered received for purposes of s. 120.60  | 
| 2591 | upon receipt of a completed application form as prescribed by  | 
| 2592 | commission rule, a nonrefundable application fee of $175, and  | 
| 2593 | any other fee prescribed by law. | 
| 2594 |      (3)  The nonrefundable renewal fee for a motor vehicle  | 
| 2595 | retail installment seller license shall be $175. The commission  | 
| 2596 | shall establish by rule biennial licensure periods and  | 
| 2597 | procedures for renewal of licenses. A license that is not  | 
| 2598 | renewed by the end of the biennium established by the commission  | 
| 2599 | shall revert from active to inactive status. An inactive license  | 
| 2600 | may be reactivated within 6 months after becoming inactive upon  | 
| 2601 | filing a completed reactivation form, payment of the  | 
| 2602 | nonrefundable renewal fee, and payment of a reactivation fee  | 
| 2603 | equal to the nonrefundable renewal fee. A license that is not  | 
| 2604 | reactivated within 6 months after becoming inactive  | 
| 2605 | automatically expires. | 
| 2606 |      (4)  Each license shall specify the location for which it  | 
| 2607 | is issued and must be conspicuously displayed at that location.  | 
| 2608 | Prior to relocating a principal place of business or any branch  | 
| 2609 | location, the licensee must provide to the office notice of the  | 
| 2610 | relocation in a form prescribed by commission rule. A licensee  | 
| 2611 | may not transact business as a motor vehicle retail installment  | 
| 2612 | seller except under the name by which it is licensed. Licenses  | 
| 2613 | issued under this part are not transferable or assignable. | 
| 2614 |      (5)  The office may deny an initial application for a  | 
| 2615 | license under this part if the applicant or any officer,  | 
| 2616 | director, control person, member, partner, or joint venturer  | 
| 2617 | person with power to direct the management or policies of the  | 
| 2618 | applicant is the subject of a pending criminal prosecution or  | 
| 2619 | governmental enforcement action, in any jurisdiction, until  | 
| 2620 | conclusion of such criminal prosecution or enforcement action. | 
| 2621 |      Section 42.  Subsections (10) through (18) of section  | 
| 2622 | 520.31, Florida Statutes, are renumbered as subsections (11)  | 
| 2623 | through (19), respectively, subsection (4) of that section is  | 
| 2624 | renumbered as subsection (10), and a new subsection (4) is added  | 
| 2625 | to that section, to read: | 
| 2626 |      520.31  Definitions.--Unless otherwise clearly indicated by  | 
| 2627 | the context, the following words when used in this act, for the  | 
| 2628 | purposes of this act, shall have the meanings respectively  | 
| 2629 | ascribed to them in this section: | 
| 2630 |      (4)  "Control person" means an individual, partnership,  | 
| 2631 | corporation, trust, or other organization that possesses the  | 
| 2632 | power, directly or indirectly, to direct the management or  | 
| 2633 | policies of a company, whether through ownership of securities,  | 
| 2634 | by contract, or otherwise. A person is presumed to control a  | 
| 2635 | company if, with respect to a particular company, that person: | 
| 2636 |      (a)  Is a director, general partner, or officer exercising  | 
| 2637 | executive responsibility or having similar status or functions; | 
| 2638 |      (b)  Directly or indirectly has the right to vote 10  | 
| 2639 | percent or more of a class of a voting security or has the power  | 
| 2640 | to sell or direct the sale of 10 percent or more of a class of  | 
| 2641 | voting securities; or | 
| 2642 |      (c)  In the case of a partnership, has the right to receive  | 
| 2643 | upon dissolution or has contributed 10 percent or more of the  | 
| 2644 | capital. | 
| 2645 |      Section 43.  Subsections (2) through (5) of section 520.32,  | 
| 2646 | Florida Statutes, are amended to read: | 
| 2647 |      520.32  Licenses.-- | 
| 2648 |      (2)  An application for a license under this part must be  | 
| 2649 | submitted to the office in such form as the commission may  | 
| 2650 | prescribe by rule. The commission may require each applicant to  | 
| 2651 | provide any information reasonably necessary to determine the  | 
| 2652 | applicant's eligibility for licensure. The applicant shall also  | 
| 2653 | provide information that the office requires concerning any  | 
| 2654 | officer, director, control person, member, partner, or joint  | 
| 2655 | venturer of the applicant or any person having the same or  | 
| 2656 | substantially similar status or performing substantially similar  | 
| 2657 | functions or any individual who is the ultimate equitable owner  | 
| 2658 | of a 10-percent or greater interest in the applicant. The office  | 
| 2659 | may require information concerning any such applicant or person,  | 
| 2660 | including his or her full name and any other names by which he  | 
| 2661 | or she may have been known, age, social security number,  | 
| 2662 | residential history, qualifications, educational and business  | 
| 2663 | history, and disciplinary and criminal history. If the office  | 
| 2664 | determines that an application should be granted, it shall issue  | 
| 2665 | the license for a period not to exceed 2 years. A nonrefundable  | 
| 2666 | application fee of $175 shall accompany an initial application  | 
| 2667 | for the principal place of business and each application for a  | 
| 2668 | branch location of a retail installment seller. An application  | 
| 2669 | is considered received for purposes of s. 120.60 upon receipt of  | 
| 2670 | a completed application form as prescribed by commission rule, a  | 
| 2671 | nonrefundable application fee of $175, and any other fee  | 
| 2672 | prescribed by law. | 
| 2673 |      (3)  The nonrefundable renewal fee for a retail seller  | 
| 2674 | license shall be $175. Biennial licensure periods and procedures  | 
| 2675 | for renewal of licenses may also be established by the  | 
| 2676 | commission by rule. A license that is not renewed at the end of  | 
| 2677 | the biennium established by the commission shall revert from  | 
| 2678 | active to inactive status. An inactive license may be  | 
| 2679 | reactivated within 6 months after becoming inactive upon filing  | 
| 2680 | a completed reactivation form, payment of the nonrefundable  | 
| 2681 | renewal fee, and payment of a reactivation fee equal to the  | 
| 2682 | nonrefundable renewal fee. A license that is not reactivated  | 
| 2683 | within 6 months after becoming inactive automatically expires. | 
| 2684 |      (4)  Each license must specify the location for which it is  | 
| 2685 | issued and must be conspicuously displayed at that location. If  | 
| 2686 | a licensee's principal place of business or branch location  | 
| 2687 | changes, the licensee shall notify the office and the office  | 
| 2688 | shall endorse the change of location without charge. A licensee  | 
| 2689 | may not transact business as a retail installment seller except  | 
| 2690 | under the name by which it is licensed. A license issued under  | 
| 2691 | this part is not transferable or assignable. | 
| 2692 |      (5)  The office may deny an initial application for a  | 
| 2693 | license under this part if the applicant or any officer,  | 
| 2694 | director, control person, member, partner, or joint venturer  | 
| 2695 | person with power to direct the management or policies of the  | 
| 2696 | applicant is the subject of a pending criminal prosecution or  | 
| 2697 | governmental enforcement action, in any jurisdiction, until  | 
| 2698 | conclusion of such criminal prosecution or enforcement action. | 
| 2699 |      Section 44.  Subsections (2) through (5) of section 520.52,  | 
| 2700 | Florida Statutes, are amended to read: | 
| 2701 |      520.52  Licensees.-- | 
| 2702 |      (2)  An application for a license under this part must be  | 
| 2703 | submitted to the office in such form as the commission may  | 
| 2704 | prescribe by rule. The commission may require each applicant to  | 
| 2705 | provide any information reasonably necessary to determine the  | 
| 2706 | applicant's eligibility for licensure. The applicant shall also  | 
| 2707 | provide information that the office requires concerning any  | 
| 2708 | officer, director, control person, member, partner, or joint  | 
| 2709 | venturer of the applicant or any person having the same or  | 
| 2710 | substantially similar status or performing substantially similar  | 
| 2711 | functions or any individual who is the ultimate equitable owner  | 
| 2712 | of a 10-percent or greater interest in the applicant. The office  | 
| 2713 | may require information concerning any such applicant or person,  | 
| 2714 | including his or her full name and any other names by which he  | 
| 2715 | or she may have been known, age, social security number,  | 
| 2716 | residential history, qualifications, educational and business  | 
| 2717 | history, and disciplinary and criminal history. If the office  | 
| 2718 | determines that an application should be granted, it shall issue  | 
| 2719 | the license for a period not to exceed 2 years. A nonrefundable  | 
| 2720 | application fee of $175 shall accompany an initial application  | 
| 2721 | for the principal place of business and each branch location of  | 
| 2722 | a sales finance company. An application is considered received  | 
| 2723 | for purposes of s. 120.60 upon receipt of a completed  | 
| 2724 | application form as prescribed by commission rule, a  | 
| 2725 | nonrefundable application fee of $175, and any other fee  | 
| 2726 | prescribed by law. | 
| 2727 |      (3)  The nonrefundable renewal fee for a sales finance  | 
| 2728 | company license shall be $175. Biennial licensure periods and  | 
| 2729 | procedures for renewal of licenses may also be established by  | 
| 2730 | the commission by rule. A license that is not renewed at the end  | 
| 2731 | of the biennium established by the commission shall revert from  | 
| 2732 | active to inactive status. An inactive license may be  | 
| 2733 | reactivated within 6 months after becoming inactive upon filing  | 
| 2734 | a completed reactivation form, payment of the nonrefundable  | 
| 2735 | renewal fee, and payment of a reactivation fee equal to the  | 
| 2736 | nonrefundable renewal fee. A license that is not reactivated  | 
| 2737 | within 6 months after becoming inactive automatically expires. | 
| 2738 |      (4)  Each license must specify the location for which it is  | 
| 2739 | issued and must be conspicuously displayed at that location. If  | 
| 2740 | a licensee's principal place of business or branch location  | 
| 2741 | changes, the licensee shall notify the office and the office  | 
| 2742 | shall endorse the change of location without charge. A licensee  | 
| 2743 | may not transact business as a sales finance company except  | 
| 2744 | under the name by which it is licensed. A license issued under  | 
| 2745 | this part is not transferable or assignable. | 
| 2746 |      (5)  The office may deny an initial application for a  | 
| 2747 | license under this part if the applicant or any officer,  | 
| 2748 | director, control person, member, partner, or joint venturer  | 
| 2749 | person with power to direct the management or policies of the  | 
| 2750 | applicant is the subject of a pending criminal prosecution or  | 
| 2751 | governmental enforcement action, in any jurisdiction, until  | 
| 2752 | conclusion of such criminal prosecution or enforcement action. | 
| 2753 |      Section 45.  Subsections (5), (6), (7), (15), (16), and  | 
| 2754 | (22) of section 520.61, Florida Statutes, are renumbered as  | 
| 2755 | subsections (7), (5), (16), (22), (15), and (23), respectively,  | 
| 2756 | and a new subsection (6) is added to that section to read: | 
| 2757 |      520.61  Definitions.--As used in this act: | 
| 2758 |      (6)  "Control person" means an individual, partnership,  | 
| 2759 | corporation, trust, or other organization that possesses the  | 
| 2760 | power, directly or indirectly, to direct the management or  | 
| 2761 | policies of a company, whether through ownership of securities,  | 
| 2762 | by contract, or otherwise. A person is presumed to control a  | 
| 2763 | company if, with respect to a particular company, that person: | 
| 2764 |      (a)  Is a director, general partner, or officer exercising  | 
| 2765 | executive responsibility or having similar status or functions; | 
| 2766 |      (b)  Directly or indirectly may vote 10 percent or more of  | 
| 2767 | a class of a voting security or sell or direct the sale of 10  | 
| 2768 | percent or more of a class of voting securities; or | 
| 2769 |      (c)  In the case of a partnership, may receive upon  | 
| 2770 | dissolution or has contributed 10 percent or more of the  | 
| 2771 | capital. | 
| 2772 |      Section 46.  Subsections (2) through (5) of section 520.63,  | 
| 2773 | Florida Statutes, are amended to read: | 
| 2774 |      520.63  Licensees.-- | 
| 2775 |      (2)  An application for a license under this part must be  | 
| 2776 | submitted to the office in such form as the commission may  | 
| 2777 | prescribe by rule. The commission may require each applicant to  | 
| 2778 | provide any information reasonably necessary to determine the  | 
| 2779 | applicant's eligibility for licensure. The applicant shall also  | 
| 2780 | provide information that the office requires concerning any  | 
| 2781 | officer, director, control person, member, partner, or joint  | 
| 2782 | venturer of the applicant or any person having the same or  | 
| 2783 | substantially similar status or performing substantially similar  | 
| 2784 | functions or any individual who is the ultimate equitable owner  | 
| 2785 | of a 10-percent or greater interest in the applicant. The office  | 
| 2786 | may require information concerning any such applicant or person,  | 
| 2787 | including, but not limited to, his or her full name and any  | 
| 2788 | other names by which he or she may have been known, age, social  | 
| 2789 | security number, residential history, qualifications,  | 
| 2790 | educational and business history, and disciplinary and criminal  | 
| 2791 | history. If the office determines that an application should be  | 
| 2792 | granted, it shall issue the license for a period not to exceed 2  | 
| 2793 | years. A nonrefundable application fee of $175 shall accompany  | 
| 2794 | an initial application for the principal place of business and  | 
| 2795 | each application for a branch location of a home improvement  | 
| 2796 | finance seller. An application is considered received for  | 
| 2797 | purposes of s. 120.60 upon receipt of a completed application  | 
| 2798 | form as prescribed by commission rule, a nonrefundable  | 
| 2799 | application fee of $175, and any other fee prescribed by law. | 
| 2800 |      (3)  The nonrefundable renewal fee for a home improvement  | 
| 2801 | finance license shall be $175. Biennial licensure periods and  | 
| 2802 | procedures for renewal of licenses may also be established by  | 
| 2803 | the commission by rule. A license that is not renewed at the end  | 
| 2804 | of the biennium established by the commission shall  | 
| 2805 | automatically revert from active to inactive status. An inactive  | 
| 2806 | license may be reactivated within 6 months after becoming  | 
| 2807 | inactive upon filing a completed reactivation form, payment of  | 
| 2808 | the nonrefundable renewal fee, and payment of a reactivation fee  | 
| 2809 | equal to the nonrefundable renewal fee. A license that is not  | 
| 2810 | reactivated within 6 months after becoming inactive  | 
| 2811 | automatically expires. | 
| 2812 |      (4)  Each license must specify the location for which it is  | 
| 2813 | issued and must be conspicuously displayed at that location. If  | 
| 2814 | a home improvement finance seller's principal place of business  | 
| 2815 | or any branch location changes, the licensee shall notify the  | 
| 2816 | office and the office shall endorse the change of location  | 
| 2817 | without charge. A licensee may not transact business as a home  | 
| 2818 | improvement finance seller except under the name by which it is  | 
| 2819 | licensed. A license issued under this part is not transferable  | 
| 2820 | or assignable. | 
| 2821 |      (5)  The office may deny an initial application for a  | 
| 2822 | license under this part if the applicant or any officer,  | 
| 2823 | director, control person, member, partner, or joint venturer  | 
| 2824 | person with power to direct the management or policies of the  | 
| 2825 | applicant is the subject of a pending criminal prosecution or  | 
| 2826 | governmental enforcement action, in any jurisdiction, until  | 
| 2827 | conclusion of such criminal prosecution or enforcement action. | 
| 2828 |      Section 47.  Subsection (5) of section 520.994, Florida  | 
| 2829 | Statutes, is amended to read: | 
| 2830 |      520.994  Powers of office.-- | 
| 2831 |      (5)  The office shall administer and enforce this chapter.  | 
| 2832 | The commission has authority to adopt rules pursuant to ss.  | 
| 2833 | 120.536(1) and 120.54 to implement the provisions of this  | 
| 2834 | chapter. The commission may adopt rules requiring to allow  | 
| 2835 | electronic submission of any form, document, or fee required by  | 
| 2836 | this chapter if such rules reasonably accommodate technological  | 
| 2837 | or financial hardship. The commission may prescribe by rule  | 
| 2838 | requirements and procedures for obtaining an exemption due to a  | 
| 2839 | technological or financial hardship. | 
| 2840 |      Section 48.  Subsections (1) and (4) of section 520.995,  | 
| 2841 | Florida Statutes, are amended to read: | 
| 2842 |      520.995  Grounds for disciplinary action.-- | 
| 2843 |      (1)  The following acts are violations of this chapter and  | 
| 2844 | constitute grounds for the disciplinary actions specified in  | 
| 2845 | subsection (2): | 
| 2846 |      (a)  Failure to comply with any provision of this chapter,  | 
| 2847 | any rule or order adopted pursuant to this chapter, or any  | 
| 2848 | written agreement entered into with the office.; | 
| 2849 |      (b)  Fraud, misrepresentation, deceit, or gross negligence  | 
| 2850 | in any home improvement finance transaction or retail  | 
| 2851 | installment transaction, regardless of reliance by or damage to  | 
| 2852 | the buyer or owner.; | 
| 2853 |      (c)  Fraudulent misrepresentation, circumvention, or  | 
| 2854 | concealment of any matter required to be stated or furnished to  | 
| 2855 | a retail buyer or owner pursuant to this chapter, regardless of  | 
| 2856 | reliance by or damage to the buyer or owner.; | 
| 2857 |      (d)  Willful imposition of illegal or excessive charges in  | 
| 2858 | any retail installment transaction or home improvement finance  | 
| 2859 | transaction.; | 
| 2860 |      (e)  False, deceptive, or misleading advertising by a  | 
| 2861 | seller or home improvement finance seller.; | 
| 2862 |      (f)  Failure to maintain, preserve, and keep available for  | 
| 2863 | examination, all books, accounts, or other documents required by  | 
| 2864 | this chapter, by any rule or order adopted pursuant to this  | 
| 2865 | chapter, or by any agreement entered into with the office.; | 
| 2866 |      (g)  Refusal to permit inspection of books and records in  | 
| 2867 | an investigation or examination by the office or refusal to  | 
| 2868 | comply with a subpoena issued by the office.; | 
| 2869 |      (h)  Criminal conduct in the course of a person's business  | 
| 2870 | as a seller, as a home improvement finance seller, or as a sales  | 
| 2871 | finance company.; or | 
| 2872 |      (i)  Failure to timely pay any fee, charge, or fine imposed  | 
| 2873 | or assessed pursuant to this chapter or any rule adopted under  | 
| 2874 | this chapter. | 
| 2875 |      (j)  Using the name or logo of a financial institution, as  | 
| 2876 | defined in s. 655.005(1), or its affiliates or subsidiaries when  | 
| 2877 | marketing or soliciting existing or prospective customers if  | 
| 2878 | such marketing materials are used without the written consent of  | 
| 2879 | the financial institution and in a manner that would lead a  | 
| 2880 | reasonable person to believe that the material or solicitation  | 
| 2881 | originated from, was endorsed by, or is related to or the  | 
| 2882 | responsibility of the financial institution or its affiliates or  | 
| 2883 | subsidiaries. | 
| 2884 |      (k)  Payment to the office for a license or permit with a  | 
| 2885 | check or electronic transmission of funds that is dishonored by  | 
| 2886 | the applicant's or licensee's financial institution. | 
| 2887 |      (4)  It is sufficient cause for the office to take any of  | 
| 2888 | the actions specified in subsection (2) as to any partnership,  | 
| 2889 | corporation, or association, if the office finds grounds for  | 
| 2890 | such action as to any member of the partnership, as to any  | 
| 2891 | officer or director of the corporation or association, or as to  | 
| 2892 | any control person, partner, or joint venturer person with power  | 
| 2893 | to direct the management or policies of the partnership,  | 
| 2894 | corporation, or association. | 
| 2895 |      Section 49.  Subsection (4) of section 520.997, Florida  | 
| 2896 | Statutes, is amended to read: | 
| 2897 |      520.997  Books, accounts, and records.-- | 
| 2898 |      (4)  The commission may prescribe by rule the minimum  | 
| 2899 | information to be shown in the books, accounts, documents, and  | 
| 2900 | records of licensees so that such records will enable the office  | 
| 2901 | to determine compliance with the provisions of this chapter. In  | 
| 2902 | addition, the commission may prescribe by rule requirements for  | 
| 2903 | the destruction of books, accounts, records, and documents  | 
| 2904 | retained by the licensee after completion of the time period  | 
| 2905 | specified in subsection (3). | 
| 2906 |      Section 50.  Section 520.999, Florida Statutes, is created  | 
| 2907 | to read: | 
| 2908 |      520.999  Requirements of licensees.-- | 
| 2909 |      (1)  Each licensee under this chapter shall report, on a  | 
| 2910 | form prescribed by rule of the commission, any change in the  | 
| 2911 | information contained in any initial application form or any  | 
| 2912 | amendment to such application not later than 30 days after the  | 
| 2913 | change is effective. | 
| 2914 |      (2)  Each licensee under this chapter shall report any  | 
| 2915 | changes in the partners, officers, members, joint venturers,  | 
| 2916 | directors, or control persons of any licensee or changes in the  | 
| 2917 | form of business organization by written amendment in such form  | 
| 2918 | and at such time as the commission specifies by rule. | 
| 2919 |      (a)  In any case in which a person or a group of persons,  | 
| 2920 | directly or indirectly or acting by or through one or more  | 
| 2921 | persons, proposes to purchase or acquire a controlling interest  | 
| 2922 | in a licensee, such person or group must submit an initial  | 
| 2923 | application for licensure before such purchase or acquisition at  | 
| 2924 | such time and in such form as the commission prescribes by rule. | 
| 2925 |      (b)  As used in subsection, the term "controlling interest"  | 
| 2926 | means possession of the power to direct or cause the direction  | 
| 2927 | of the management or policies of a company whether through  | 
| 2928 | ownership of securities, by contract, or otherwise. Any person  | 
| 2929 | who directly or indirectly has the right to vote 25 percent or  | 
| 2930 | more of the voting securities of a company or is entitled to 25  | 
| 2931 | percent or more of its profits is presumed to possess a  | 
| 2932 | controlling interest. | 
| 2933 |      (c)  Any addition of a partner, officer, member, joint  | 
| 2934 | venturer, director, or control person of the applicant who does  | 
| 2935 | not have a controlling interest and who has not previously  | 
| 2936 | complied with the provisions of ss. 520.03(2), 520.32(2),  | 
| 2937 | 520.52(2), and 520.63(2) shall be subject to such provisions  | 
| 2938 | unless required to file an initial application in accordance  | 
| 2939 | with paragraph (a). If the office determines that the licensee  | 
| 2940 | does not continue to meet licensure requirements, the office may  | 
| 2941 | bring administrative action in accordance with s. 520.995 to  | 
| 2942 | enforce the provisions of this chapter. | 
| 2943 |      (d)  The commission shall adopt rules pursuant to ss.  | 
| 2944 | 120.536(1) and 120.54 providing for the waiver of the  | 
| 2945 | application required by this subsection if the person or group  | 
| 2946 | of persons proposing to purchase or acquire a controlling  | 
| 2947 | interest in a licensee has previously complied with the  | 
| 2948 | provisions of ss. 520.03(2), 520.32(2), 520.52(2), and 520.63(2)  | 
| 2949 | with the same legal entity or is currently licensed with the  | 
| 2950 | office under this chapter. | 
| 2951 |      Section 51.  Subsection (5) of section 537.009, Florida  | 
| 2952 | Statutes, is amended to read: | 
| 2953 |      537.009  Recordkeeping; reporting; safekeeping of  | 
| 2954 | property.-- | 
| 2955 |      (5)  The commission may prescribe by rule the books,  | 
| 2956 | accounts, documents, and records, and the minimum information to  | 
| 2957 | be shown in the books, accounts, documents, and records, of  | 
| 2958 | licensees so that such records will enable the office to  | 
| 2959 | determine compliance with the provisions of this act. In  | 
| 2960 | addition, the commission may prescribe by rule requirements for  | 
| 2961 | the destruction of books, accounts, records, and documents  | 
| 2962 | retained by the licensee after completion of the time period  | 
| 2963 | specified in subsection (3). | 
| 2964 |      Section 52.  Paragraph (e) of subsection (2) of section  | 
| 2965 | 559.9232, Florida Statutes, is amended to read: | 
| 2966 |      559.9232  Definitions; exclusion of rental-purchase  | 
| 2967 | agreements from certain regulations.-- | 
| 2968 |      (2)  A rental-purchase agreement that complies with this  | 
| 2969 | act shall not be construed to be, nor be governed by, any of the  | 
| 2970 | following: | 
| 2971 |      (e)  A lease or agreement which constitutes a "retail  | 
| 2972 | installment contract" or "retail installment transaction" as  | 
| 2973 | those terms are defined in s. 520.31(13) and (14); or | 
| 2974 |      Section 53.  Subsection (3) is added to section 560.105,  | 
| 2975 | Florida Statutes, to read: | 
| 2976 |      560.105  Supervisory powers; rulemaking.-- | 
| 2977 |      (3)  The commission may adopt rules pursuant to ss.  | 
| 2978 | 120.536(1) and 120.54 requiring electronic submission of any  | 
| 2979 | forms, documents, or fees required by this code if such rules  | 
| 2980 | reasonably accommodate technological or financial hardship. The  | 
| 2981 | commission may prescribe by rule requirements and procedures for  | 
| 2982 | obtaining an exemption due to a technological or financial  | 
| 2983 | hardship. | 
| 2984 |      Section 54.  Paragraph (y) is added to subsection (1) of  | 
| 2985 | section 560.114, Florida Statutes, to read: | 
| 2986 |      560.114  Disciplinary actions.-- | 
| 2987 |      (1)  The following actions by a money transmitter or money  | 
| 2988 | transmitter-affiliated party are violations of the code and  | 
| 2989 | constitute grounds for the issuance of a cease and desist order,  | 
| 2990 | the issuance of a removal order, the denial of a registration  | 
| 2991 | application or the suspension or revocation of any registration  | 
| 2992 | previously issued pursuant to the code, or the taking of any  | 
| 2993 | other action within the authority of the office pursuant to the  | 
| 2994 | code: | 
| 2995 |      (y)  Payment to the office for a license or permit with a  | 
| 2996 | check or electronic transmission of funds that is dishonored by  | 
| 2997 | the applicant's or licensee's financial institution. | 
| 2998 |      Section 55.  Subsection (2) of section 560.121, Florida  | 
| 2999 | Statutes, is amended to read: | 
| 3000 |      560.121  Records; limited restrictions upon public  | 
| 3001 | access.-- | 
| 3002 |      (2)  The commission may prescribe by rule the minimum  | 
| 3003 | information that must be shown in the books, accounts, records,  | 
| 3004 | and documents of licensees for purposes of enabling the office  | 
| 3005 | to determine the licensee's compliance with this chapter. In  | 
| 3006 | addition, the commission may prescribe by rule requirements for  | 
| 3007 | the destruction of books, accounts, records, and documents  | 
| 3008 | retained by the licensee after completion of the time period  | 
| 3009 | specified in this subsection. Examination reports, investigatory  | 
| 3010 | records, applications, and related information compiled by the  | 
| 3011 | office, or photographic copies thereof, shall be retained by the  | 
| 3012 | office for a period of at least 3 years following the date that  | 
| 3013 | the examination or investigation ceases to be active.  | 
| 3014 | Application records, and related information compiled by the  | 
| 3015 | office, or photographic copies thereof, shall be retained by the  | 
| 3016 | office for a period of at least 2 years following the date that  | 
| 3017 | the registration ceases to be active. | 
| 3018 |      Section 56.  Section 560.126, Florida Statutes, is amended  | 
| 3019 | to read: | 
| 3020 |      560.126  Significant events; notice required.-- | 
| 3021 |      (1)  Unless exempted by the office, every money transmitter  | 
| 3022 | must provide the office with a written notice within 30 15 days  | 
| 3023 | after the occurrence or knowledge of, whichever period of time  | 
| 3024 | is greater, any of the following events: | 
| 3025 |      (a)(1)  The filing of a petition under the United States  | 
| 3026 | Bankruptcy Code for bankruptcy or reorganization by the money  | 
| 3027 | transmitter. | 
| 3028 |      (b)(2)  The commencement of any registration suspension or  | 
| 3029 | revocation proceeding, either administrative or judicial, or the  | 
| 3030 | denial of any original registration request or a registration  | 
| 3031 | renewal, by any state, the District of Columbia, any United  | 
| 3032 | States territory, or any foreign country, in which the money  | 
| 3033 | transmitter operates or plans to operate or has registered to  | 
| 3034 | operate. | 
| 3035 |      (c)(3)  A felony indictment relating to the money  | 
| 3036 | transmission business involving the money transmitter or a money  | 
| 3037 | transmitter-affiliated party of the money transmitter. | 
| 3038 |      (d)(4)  The felony conviction, guilty plea, or plea of nolo  | 
| 3039 | contendere, if the court adjudicates the nolo contendere pleader  | 
| 3040 | guilty, or the adjudication of guilt of a money transmitter or  | 
| 3041 | money transmitter-affiliated party. | 
| 3042 |      (e)(5)  The interruption of any corporate surety bond  | 
| 3043 | required by the code. | 
| 3044 |      (f)(6)  Any suspected criminal act, as defined by the  | 
| 3045 | commission by rule, perpetrated in this state against a money  | 
| 3046 | transmitter or authorized vendor. | 
| 3047 | 
  | 
| 3048 | However, a person does not incur liability no liability shall be  | 
| 3049 | incurred by any person as a result of making a good-faith good  | 
| 3050 | faith effort to fulfill this disclosure requirement. | 
| 3051 |      (2)(a)  Each registrant under this code shall report, on a  | 
| 3052 | form prescribed by rule of the commission, any change in the  | 
| 3053 | information contained in any initial application form or any  | 
| 3054 | amendment thereto not later than 30 days after the change is  | 
| 3055 | effective. | 
| 3056 |      (b)  Each registrant under the code shall report any  | 
| 3057 | changes in the partners, officers, members, joint venturers,  | 
| 3058 | directors, controlling shareholders, or responsible persons of  | 
| 3059 | any registrant or changes in the form of business organization  | 
| 3060 | by written amendment in such form and at such time as the  | 
| 3061 | commission specifies by rule. | 
| 3062 |      1.  In any case in which a person or a group of persons,  | 
| 3063 | directly or indirectly or acting by or through one or more  | 
| 3064 | persons, proposes to purchase or acquire a controlling interest  | 
| 3065 | in a licensee, such person or group must submit an initial  | 
| 3066 | application for registration as a money transmitter before such  | 
| 3067 | purchase or acquisition at such time and in such form as the  | 
| 3068 | commission prescribes by rule. | 
| 3069 |      2.  As used in this subsection, the term "controlling  | 
| 3070 | interest" means possession of the power to direct or cause the  | 
| 3071 | direction of the management or policies of a company whether  | 
| 3072 | through ownership of securities, by contract, or otherwise. Any  | 
| 3073 | person who directly or indirectly has the right to vote 25  | 
| 3074 | percent or more of the voting securities of a company or is  | 
| 3075 | entitled to 25 percent or more of its profits is presumed to  | 
| 3076 | possess a controlling interest. | 
| 3077 |      3.  Any addition of a partner, officer, member, joint  | 
| 3078 | venturer, director, controlling shareholder, or responsible  | 
| 3079 | person of the applicant who does not have a controlling interest  | 
| 3080 | and who has not previously complied with ss. 560.205 and 560.306  | 
| 3081 | shall be subject to such provisions unless required to file an  | 
| 3082 | initial application in accordance with subparagraph 1. If the  | 
| 3083 | office determines that the registrant does not continue to meet  | 
| 3084 | registration requirements, the office may bring administrative  | 
| 3085 | action in accordance with s. 560.114 to enforce the provisions  | 
| 3086 | of this code. | 
| 3087 |      4.  The commission shall adopt rules pursuant to ss.  | 
| 3088 | 120.536(1) and 120.54 providing for the waiver of the  | 
| 3089 | application required by this subsection if the person or group  | 
| 3090 | of persons proposing to purchase or acquire a controlling  | 
| 3091 | interest in a registrant has previously complied with the  | 
| 3092 | provisions of ss. 560.205 and 560.306 with the same legal entity  | 
| 3093 | or is currently registered with the office under this code. | 
| 3094 |      Section 57.  Section 560.127, Florida Statutes, is amended  | 
| 3095 | to read: | 
| 3096 |      560.127  Control of a money transmitter.-- | 
| 3097 |      (1)  A person has control over a money transmitter if: | 
| 3098 |      (1)(a)  The individual, partnership, corporation, trust, or  | 
| 3099 | other organization possesses the power, directly or indirectly,  | 
| 3100 | to direct the management or policies of a company, whether  | 
| 3101 | through ownership of securities, by contract, or otherwise. A  | 
| 3102 | person is presumed to control a company if, with respect to a  | 
| 3103 | particular company, that person: | 
| 3104 |      (a)  Is a director, general partner, or officer exercising  | 
| 3105 | executive responsibility or having similar status or functions; | 
| 3106 |      (b)  Directly or indirectly may vote 25 percent or more of  | 
| 3107 | a class of a voting security or sell or direct the sale of 25  | 
| 3108 | percent or more of a class of voting securities; or | 
| 3109 |      (c)  In the case of a partnership, may receive upon  | 
| 3110 | dissolution or has contributed 25 percent or more of the  | 
| 3111 | capital. The person directly or indirectly or acting through one  | 
| 3112 | or more other persons owns, controls, or has power to vote 25  | 
| 3113 | percent or more of any class of voting securities of the money  | 
| 3114 | transmitter; or | 
| 3115 |      (2)(b)  The office determines, after notice and opportunity  | 
| 3116 | for hearing, that the person directly or indirectly exercises a  | 
| 3117 | controlling influence over the activities of the money  | 
| 3118 | transmitter. | 
| 3119 |      (2)  In any case in which a person or a group of persons,  | 
| 3120 | directly or indirectly or acting by or through one or more  | 
| 3121 | persons, proposes to purchase or acquire a controlling interest  | 
| 3122 | in a money transmitter, and thereby to change the control of  | 
| 3123 | that money transmitter, each person or group of persons shall  | 
| 3124 | provide written notice to the office. | 
| 3125 |      (a)  A money transmitter whose stock is traded on an  | 
| 3126 | organized stock exchange shall provide the office with written  | 
| 3127 | notice within 15 days after knowledge of such change in control. | 
| 3128 |      (b)  A money transmitter whose stock is not publicly traded  | 
| 3129 | shall provide the office with not less than 30 days' prior  | 
| 3130 | written notice of such proposed change in control. | 
| 3131 |      (3)  After a review of the written notification, the office  | 
| 3132 | may require the money transmitter to provide additional  | 
| 3133 | information relating to other and former addresses, and the  | 
| 3134 | reputation, character, responsibility, and business  | 
| 3135 | affiliations, of the proposed new owner or each of the proposed  | 
| 3136 | new owners of the money transmitter. | 
| 3137 |      (a)  The office may deny the person or group of persons  | 
| 3138 | proposing to purchase, or who have acquired control of, a money  | 
| 3139 | transmitter if, after investigation, the office determines that  | 
| 3140 | the person or persons are not qualified by reputation,  | 
| 3141 | character, experience, or financial responsibility to control or  | 
| 3142 | operate the money transmitter in a legal and proper manner and  | 
| 3143 | that the interests of the other stockholders, if any, or the  | 
| 3144 | interests of the public generally may be jeopardized by the  | 
| 3145 | proposed change in ownership, controlling interest, or  | 
| 3146 | management. | 
| 3147 |      (b)  The office may disapprove any person who has been  | 
| 3148 | convicted of, or pled guilty or nolo contendere to, a violation  | 
| 3149 | of s. 560.123, s. 655.50, chapter 896, or any similar state,  | 
| 3150 | federal, or foreign law. | 
| 3151 |      Section 58.  Section 560.205, Florida Statutes, is amended  | 
| 3152 | to read: | 
| 3153 |      560.205  Qualifications of applicant for registration;  | 
| 3154 | contents.-- | 
| 3155 |      (1)  To qualify for registration under this part, an  | 
| 3156 | applicant must demonstrate to the office such character and  | 
| 3157 | general fitness as to command the confidence of the public and  | 
| 3158 | warrant the belief that the registered business will be operated  | 
| 3159 | lawfully and fairly. The office may investigate each applicant  | 
| 3160 | to ascertain whether the qualifications and requirements  | 
| 3161 | prescribed by this part have been met. The office's  | 
| 3162 | investigation may include a criminal background investigation of  | 
| 3163 | all controlling shareholders, principals, officers, directors,  | 
| 3164 | members, and responsible persons of a funds transmitter and a  | 
| 3165 | payment instrument seller and all persons designated by a funds  | 
| 3166 | transmitter or payment instrument seller as an authorized  | 
| 3167 | vendor. Each controlling shareholder, principal, officer,  | 
| 3168 | director, member, and responsible person of a funds transmitter  | 
| 3169 | or payment instrument seller, unless the applicant is a publicly  | 
| 3170 | traded corporation as defined by the commission by rule, a  | 
| 3171 | subsidiary thereof, or a subsidiary of a bank or bank holding  | 
| 3172 | company organized and regulated under the laws of any state or  | 
| 3173 | the United States, shall file a complete set of fingerprints. A  | 
| 3174 | fingerprint card submitted to the office must be taken by an  | 
| 3175 | authorized law enforcement agency officer. The office shall  | 
| 3176 | submit the Such fingerprints must be submitted to the Department  | 
| 3177 | of Law Enforcement for state processing and the Department of  | 
| 3178 | Law Enforcement shall forward the fingerprints to or the Federal  | 
| 3179 | Bureau of Investigation for state and federal processing. The  | 
| 3180 | cost of the fingerprint processing may be borne by the office,  | 
| 3181 | the employer, or the person subject to the background check. The  | 
| 3182 | Department of Law Enforcement shall submit an invoice to the  | 
| 3183 | office for the fingerprints received each month. The office  | 
| 3184 | shall screen the background results to determine if the  | 
| 3185 | applicant meets licensure requirements. The commission may waive  | 
| 3186 | by rule the requirement that applicants file a set of  | 
| 3187 | fingerprints or the requirement that such fingerprints be  | 
| 3188 | processed by the Department of Law Enforcement or the Federal  | 
| 3189 | Bureau of Investigation. | 
| 3190 |      (2)  Each application for registration must be submitted  | 
| 3191 | under oath to the office on such forms as the commission  | 
| 3192 | prescribes by rule and must be accompanied by a nonrefundable  | 
| 3193 | application fee. Such fee may not exceed $500 for each payment  | 
| 3194 | instrument seller or funds transmitter and $50 for each  | 
| 3195 | authorized vendor or location operating within this state. The  | 
| 3196 | application must contain forms shall set forth such information  | 
| 3197 | as the commission reasonably requires by rule, including, but  | 
| 3198 | not limited to: | 
| 3199 |      (a)  The name and address of the applicant, including any  | 
| 3200 | fictitious or trade names used by the applicant in the conduct  | 
| 3201 | of its business. | 
| 3202 |      (b)  The history of the applicant's material litigation,  | 
| 3203 | criminal convictions, pleas of nolo contendere, and cases of  | 
| 3204 | adjudication withheld. | 
| 3205 |      (c)  A description of the activities conducted by the  | 
| 3206 | applicant, the applicant's history of operations, and the  | 
| 3207 | business activities in which the applicant seeks to engage in  | 
| 3208 | this state. | 
| 3209 |      (d)  A list identifying the applicant's proposed authorized  | 
| 3210 | vendors in this state, including the location or locations in  | 
| 3211 | this state at which the applicant and its authorized vendors  | 
| 3212 | propose to conduct registered activities. | 
| 3213 |      (d)(e)  A sample authorized vendor contract, if applicable. | 
| 3214 |      (e)(f)  A sample form of payment instrument, if applicable. | 
| 3215 |      (f)(g)  The name and address of the clearing financial  | 
| 3216 | institution or financial institutions through which the  | 
| 3217 | applicant's payment instruments will be drawn or through which  | 
| 3218 | such payment instruments will be payable. | 
| 3219 |      (g)(h)  Documents revealing that the net worth and bonding  | 
| 3220 | requirements specified in s. 560.209 have been or will be  | 
| 3221 | fulfilled. | 
| 3222 |      (3)  Each application for registration by an applicant that  | 
| 3223 | is a corporation shall contain also set forth such information  | 
| 3224 | as the commission reasonably requires by rule, including, but  | 
| 3225 | not limited to: | 
| 3226 |      (a)  The date of the applicant's incorporation and state of  | 
| 3227 | incorporation. | 
| 3228 |      (b)  A certificate of good standing from the state or  | 
| 3229 | country in which the applicant was incorporated. | 
| 3230 |      (c)  A description of the corporate structure of the  | 
| 3231 | applicant, including the identity of any parent or subsidiary of  | 
| 3232 | the applicant, and the disclosure of whether any parent or  | 
| 3233 | subsidiary is publicly traded on any stock exchange. | 
| 3234 |      (d)  The name, social security number, business and  | 
| 3235 | residence addresses, and employment history for the past 5 years  | 
| 3236 | for each executive officer, each director, each controlling  | 
| 3237 | shareholder, and the responsible person who will be in charge of  | 
| 3238 | all the applicant's business activities in this state. | 
| 3239 |      (e)  The history of material litigation and criminal  | 
| 3240 | convictions, pleas of nolo contendere, and cases of adjudication  | 
| 3241 | withheld for each executive officer, each director, each  | 
| 3242 | controlling shareholder, and the responsible person who will be  | 
| 3243 | in charge of the applicant's registered activities. | 
| 3244 |      (f)  Copies of the applicant's audited financial statements  | 
| 3245 | for the current year and, if available, for the immediately  | 
| 3246 | preceding 2-year period. In cases where the applicant is a  | 
| 3247 | wholly owned subsidiary of another corporation, the parent's  | 
| 3248 | consolidated audited financial statements may be submitted to  | 
| 3249 | satisfy this requirement. An applicant who is not required to  | 
| 3250 | file audited financial statements may satisfy this requirement  | 
| 3251 | by filing unaudited financial statements verified under penalty  | 
| 3252 | of perjury, as provided by the commission by rule. | 
| 3253 |      (g)  An applicant who is not required to file audited  | 
| 3254 | financial statements may file copies of the applicant's  | 
| 3255 | unconsolidated, unaudited financial statements for the current  | 
| 3256 | year and, if available, for the immediately preceding 2-year  | 
| 3257 | period. | 
| 3258 |      (h)  If the applicant is a publicly traded company, copies  | 
| 3259 | of all filings made by the applicant with the United States  | 
| 3260 | Securities and Exchange Commission, or with a similar regulator  | 
| 3261 | in a country other than the United States, within the year  | 
| 3262 | preceding the date of filing of the application. | 
| 3263 |      (4)  Each application for registration submitted to the  | 
| 3264 | office by an applicant that is not a corporation shall contain  | 
| 3265 | also set forth such information as the commission reasonably  | 
| 3266 | requires by rule, including, but not limited to: | 
| 3267 |      (a)  Evidence that the applicant is registered to do  | 
| 3268 | business in this state. | 
| 3269 |      (b)  The name, business and residence addresses, personal  | 
| 3270 | financial statement and employment history for the past 5 years  | 
| 3271 | for each individual having a controlling ownership interest in  | 
| 3272 | the applicant, and each responsible person who will be in charge  | 
| 3273 | of the applicant's registered activities. | 
| 3274 |      (c)  The history of material litigation and criminal  | 
| 3275 | convictions, pleas of nolo contendere, and cases of adjudication  | 
| 3276 | withheld for each individual having a controlling ownership  | 
| 3277 | interest in the applicant and each responsible person who will  | 
| 3278 | be in charge of the applicant's registered activities. | 
| 3279 |      (d)  Copies of the applicant's audited financial statements  | 
| 3280 | for the current year, and, if available, for the preceding 2  | 
| 3281 | years. An applicant who is not required to file audited  | 
| 3282 | financial statements may satisfy this requirement by filing  | 
| 3283 | unaudited financial statements verified under penalty of  | 
| 3284 | perjury, as provided by the commission by rule. | 
| 3285 |      (5)  Each applicant shall designate and maintain an agent  | 
| 3286 | in this state for service of process. | 
| 3287 |      Section 59.  Section 560.207, Florida Statutes, is amended  | 
| 3288 | to read: | 
| 3289 |      560.207  Renewal of registration; registration fee.-- | 
| 3290 |      (1)  Registration may be renewed for a 24-month period or  | 
| 3291 | the remainder of any such period without proration following the  | 
| 3292 | date of its expiration by furnishing such information as the  | 
| 3293 | commission requires by rule, together with the payment of the  | 
| 3294 | fees required under subsections (2), (3), and (4), upon the  | 
| 3295 | filing with the office of an application and other statements  | 
| 3296 | and documents as may reasonably be required of registrants by  | 
| 3297 | the commission. However, the registrant must remain qualified  | 
| 3298 | for such registration under the provisions of this part. | 
| 3299 |      (2)  Each renewal of All registration must renewal  | 
| 3300 | applications shall be accompanied by a nonrefundable renewal fee  | 
| 3301 | not to exceed $1,000. A registration expires on April 30 of the  | 
| 3302 | year in which the existing registration expires, unless the  | 
| 3303 | registrant has renewed his or her registration on or before that  | 
| 3304 | date. In no event shall a registration be issued for a period in  | 
| 3305 | excess of 24 months. The commission may adopt rules pursuant to  | 
| 3306 | ss. 120.536(1) and 120.54 to implement this section All renewal  | 
| 3307 | applications must be filed on or after January 1 of the year in  | 
| 3308 | which the existing registration expires, but before the  | 
| 3309 | expiration date of April 30. If the renewal application is filed  | 
| 3310 | prior to the expiration date of an existing registration, no  | 
| 3311 | late fee shall be paid in connection with such renewal  | 
| 3312 | application. If the renewal application is filed within 60  | 
| 3313 | calendar days after the expiration date of an existing  | 
| 3314 | registration, then, in addition to the $1,000 renewal fee, the  | 
| 3315 | renewal application shall be accompanied by a nonrefundable late  | 
| 3316 | fee of $500. If the registrant has not filed a renewal  | 
| 3317 | application within 60 calendar days after the expiration date of  | 
| 3318 | an existing registration, a new application shall be filed with  | 
| 3319 | the office pursuant to s. 560.205. | 
| 3320 |      (3)  In addition to the renewal fee required under  | 
| 3321 | subsection (2), each registrant must pay Every registration  | 
| 3322 | renewal application shall also include a 2-year nonrefundable  | 
| 3323 | registration renewal fee of $50 for each authorized vendor or  | 
| 3324 | location operating within this state or, at the option of the  | 
| 3325 | registrant, a total 2-year nonrefundable renewal fee of $20,000  | 
| 3326 | may be paid to renew the registration of all such locations  | 
| 3327 | currently registered at the time of renewal. | 
| 3328 |      (4)  A registration may be reinstated only if the renewal  | 
| 3329 | fee and a nonrefundable late fee of $500 are filed within 60  | 
| 3330 | calendar days after the expiration of the existing registration.  | 
| 3331 | The office shall grant a reinstatement of registration if an  | 
| 3332 | application is filed during the 60-day period, and the  | 
| 3333 | reinstatement is effective upon receipt of the required fees and  | 
| 3334 | any information that the commission requires by rule. If a  | 
| 3335 | registrant does not file an application for reinstatement of the  | 
| 3336 | registration within the 60 calendar days after expiration of an  | 
| 3337 | existing registration, the registration expires and a new  | 
| 3338 | application must be filed with the office pursuant to s.  | 
| 3339 | 560.205. | 
| 3340 |      Section 60.  Subsection (1) of section 560.210, Florida  | 
| 3341 | Statutes, is amended to read: | 
| 3342 |      560.210  Permissible investments.-- | 
| 3343 |      (1)  A registrant shall at all times possess permissible  | 
| 3344 | investments with an aggregate market value calculated in  | 
| 3345 | accordance with United States generally accepted accounting  | 
| 3346 | principles of not less than the aggregate face amount of all  | 
| 3347 | outstanding funds transmissions transmitted and outstanding  | 
| 3348 | payment instruments issued or sold by the registrant or an  | 
| 3349 | authorized vendor in the United States. | 
| 3350 |      Section 61.  Subsection (2) of section 560.211, Florida  | 
| 3351 | Statutes, is amended to read: | 
| 3352 |      560.211  Records.-- | 
| 3353 |      (2)  The records required to be maintained by the code may  | 
| 3354 | be maintained by the registrant at any location if, provided  | 
| 3355 | that the registrant notifies the office in writing of the  | 
| 3356 | location of the records in its application or otherwise by  | 
| 3357 | amendment as prescribed by commission rule. The registrant shall  | 
| 3358 | make such records available to the office for examination and  | 
| 3359 | investigation in this state, as permitted by the code, within 7  | 
| 3360 | days after receipt of a written request. | 
| 3361 |      Section 62.  Section 560.305, Florida Statutes, is amended  | 
| 3362 | to read: | 
| 3363 |      560.305  Application.--Each application for registration  | 
| 3364 | must shall be in writing and under oath to the office, in such  | 
| 3365 | form as the commission prescribes. The application must contain  | 
| 3366 | such information as the commission requires by rule, including,  | 
| 3367 | but not limited to shall include the following: | 
| 3368 |      (1)  The legal name, social security number, and residence  | 
| 3369 | and business addresses of the applicant if the applicant is a  | 
| 3370 | natural person, or, if the applicant is a partnership,  | 
| 3371 | association, or corporation, the name of every partner, officer,  | 
| 3372 | or director, member, controlling shareholder, or responsible  | 
| 3373 | person thereof. | 
| 3374 |      (2)  The location of the principal office of the applicant. | 
| 3375 |      (3)  The complete address of any other locations at which  | 
| 3376 | the applicant proposes to engage in such activities since the  | 
| 3377 | provisions of registration apply to each and every operating  | 
| 3378 | location of a registrant. | 
| 3379 |      (4)  Such other information as the commission or office  | 
| 3380 | reasonably requires with respect to the applicant or any money  | 
| 3381 | transmitter-affiliated party of the applicant; however, the  | 
| 3382 | commission or office may not require more information than is  | 
| 3383 | specified in part II. | 
| 3384 |      Section 63.  Subsections (1) and (4) of section 560.306,  | 
| 3385 | Florida Statutes, are amended to read: | 
| 3386 |      560.306  Standards.-- | 
| 3387 |      (1)  In order to qualify for registration under this part,  | 
| 3388 | an applicant must demonstrate to the office that he or she has  | 
| 3389 | such character and general fitness as will command the  | 
| 3390 | confidence of the public and warrant the belief that the  | 
| 3391 | registered business will be operated lawfully and fairly. The  | 
| 3392 | office may investigate each applicant to ascertain whether the  | 
| 3393 | qualifications and requirements prescribed by this part have  | 
| 3394 | been met. The office's investigation may include a criminal  | 
| 3395 | background investigation of all controlling shareholders,  | 
| 3396 | principals, officers, directors, members, and responsible  | 
| 3397 | persons of a check casher and a foreign currency exchanger and  | 
| 3398 | all persons designated by a foreign currency exchanger or check  | 
| 3399 | casher as an authorized vendor. Each controlling shareholder,  | 
| 3400 | principal, officer, director, member, and responsible person of  | 
| 3401 | a check casher or foreign currency exchanger, unless the  | 
| 3402 | applicant is a publicly traded corporation as defined by the  | 
| 3403 | commission by rule, a subsidiary thereof, or a subsidiary of a  | 
| 3404 | bank or bank holding company organized and regulated under the  | 
| 3405 | laws of any state or the United States, shall file a complete  | 
| 3406 | set of fingerprints. A fingerprint card submitted to the office  | 
| 3407 | must be taken by an authorized law enforcement agency officer.  | 
| 3408 | The office shall submit the Such fingerprints must be submitted  | 
| 3409 | to the Department of Law Enforcement for state processing and  | 
| 3410 | the Department of Law Enforcement shall forward the fingerprints  | 
| 3411 | to or the Federal Bureau of Investigation for state and federal  | 
| 3412 | processing. The cost for the fingerprint processing may be borne  | 
| 3413 | by the office, the employer, or the person subject to the  | 
| 3414 | background check. The Department of Law Enforcement shall submit  | 
| 3415 | an invoice to the office for the fingerprints received each  | 
| 3416 | month. The office shall screen the background results to  | 
| 3417 | determine if the applicant meets licensure requirements. The  | 
| 3418 | commission may waive by rule the requirement that applicants  | 
| 3419 | file a set of fingerprints or the requirement that such  | 
| 3420 | fingerprints be processed by the Department of Law Enforcement  | 
| 3421 | or the Federal Bureau of Investigation. | 
| 3422 |      (4)  Each registration application and renewal application  | 
| 3423 | must specify the location at which the applicant proposes to  | 
| 3424 | establish its principal place of business and any other  | 
| 3425 | location, including authorized vendors operating in this state.  | 
| 3426 | The registrant shall notify the office of any changes to any  | 
| 3427 | such locations. Any registrant may satisfy this requirement by  | 
| 3428 | providing the office with a list of such locations, including  | 
| 3429 | all authorized vendors operating in this state, not less than  | 
| 3430 | annually. A registrant may not transact business as a check  | 
| 3431 | casher or a foreign currency exchanger except pursuant to the  | 
| 3432 | name under which it is registered. | 
| 3433 |      Section 64.  Section 560.308, Florida Statutes, is amended  | 
| 3434 | to read: | 
| 3435 |      560.308  Registration terms; renewal; renewal fees.-- | 
| 3436 |      (1)  Registration may be renewed for a 24-month period, or  | 
| 3437 | the remainder of any such period without proration, following  | 
| 3438 | the date of its expiration by furnishing such information as the  | 
| 3439 | commission requires by rule, together with the payment of the  | 
| 3440 | fees required under subsections (2), (3), and (4). Registration  | 
| 3441 | pursuant to this part shall remain effective through the  | 
| 3442 | remainder of the second calendar year following its date of  | 
| 3443 | issuance unless during such calendar year the registration is  | 
| 3444 | surrendered, suspended, or revoked. | 
| 3445 |      (2)  Each application for renewal of registration must be  | 
| 3446 | accompanied by The office shall renew registration upon receipt  | 
| 3447 | of a completed renewal form and payment of a nonrefundable  | 
| 3448 | renewal fee not to exceed $500. A registration expires on  | 
| 3449 | December 31 of the year in which the existing registration  | 
| 3450 | expires, unless the registrant has renewed his or her  | 
| 3451 | registration on or before that date The completed renewal form  | 
| 3452 | and payment of the renewal fee shall occur on or after June 1 of  | 
| 3453 | the year in which the existing registration expires. | 
| 3454 |      (3)  In addition to the renewal fee required by subsection  | 
| 3455 | (2), each registrant must pay a 2-year nonrefundable  | 
| 3456 | registration renewal fee of $50 for each authorized vendor or  | 
| 3457 | location operating within this state or, at the option of the  | 
| 3458 | registrant, a total 2-year nonrefundable renewal fee of $20,000  | 
| 3459 | may be paid to renew the registration of all such locations  | 
| 3460 | currently registered at the time of renewal. | 
| 3461 |      (4)  Registration that is not renewed on or before the  | 
| 3462 | expiration date of the registration period automatically  | 
| 3463 | expires. A renewal application and fee, and a nonrefundable late  | 
| 3464 | fee of $250, must be filed within 60 calendar days after the  | 
| 3465 | expiration of an existing registration in order for the  | 
| 3466 | registration to be reinstated. The office shall grant a  | 
| 3467 | reinstatement of registration if application is filed during the  | 
| 3468 | 60-day period, and the reinstatement is effective upon receipt  | 
| 3469 | of the required fees and any information that the commission  | 
| 3470 | requires by rule. If the registrant has not filed an a renewal  | 
| 3471 | application within 60 calendar days after the expiration date of  | 
| 3472 | an existing registration, the registration expires and a new  | 
| 3473 | application must be filed with the office pursuant to s.  | 
| 3474 | 560.307. | 
| 3475 |      Section 65.  Subsection (2) of section 560.310, Florida  | 
| 3476 | Statutes, is amended to read: | 
| 3477 |      560.310  Records of check cashers and foreign currency  | 
| 3478 | exchangers.-- | 
| 3479 |      (2)  The records required to be maintained by the code may  | 
| 3480 | be maintained by the registrant at any location if, provided  | 
| 3481 | that the registrant notifies the office, in writing, of the  | 
| 3482 | location of the records in its application or otherwise by  | 
| 3483 | amendment as prescribed by commission rule. The registrant shall  | 
| 3484 | make such records available to the office for examination and  | 
| 3485 | investigation in this state, as permitted by the code, within 7  | 
| 3486 | days after receipt of a written request. | 
| 3487 |      Section 66.  Subsections (2) and (4) of section 560.403,  | 
| 3488 | Florida Statutes, are amended to read: | 
| 3489 |      560.403  Requirements of registration; declaration of  | 
| 3490 | intent.-- | 
| 3491 |      (2)  A registrant under this part shall renew his or her  | 
| 3492 | intent to engage in the business of deferred presentment  | 
| 3493 | transactions or to act as a deferred presentment provider upon  | 
| 3494 | renewing his or her registration under part II or part III and  | 
| 3495 | shall do so by indicating his or her intent on the renewal form  | 
| 3496 | and by submitting a nonrefundable deferred presentment provider  | 
| 3497 | renewal fee of $1,000, in addition to any fees required for  | 
| 3498 | renewal of registration under part II or part III. | 
| 3499 |      (4)  The notice of intent of a registrant under this part  | 
| 3500 | who fails to timely renew his or her intent to engage in the  | 
| 3501 | business of deferred presentment transactions or to act as a  | 
| 3502 | deferred presentment provider on or before the expiration date  | 
| 3503 | of the registration period automatically expires. A renewal  | 
| 3504 | declaration of intent and fee, and a nonrefundable late fee of  | 
| 3505 | $500, must be filed within 60 calendar days after the expiration  | 
| 3506 | of an existing registration in order for the declaration of  | 
| 3507 | intent to be reinstated. The office shall grant a reinstatement  | 
| 3508 | of registration if application is filed during the 60-day  | 
| 3509 | period, and the reinstatement is effective upon receipt of the  | 
| 3510 | required fees and any information that the commission requires  | 
| 3511 | by rule. If the registrant has not filed a reinstatement of a  | 
| 3512 | renewal declaration of intent within 60 calendar days after the  | 
| 3513 | expiration date of an existing registration, the notice of  | 
| 3514 | intent expires and a new declaration of intent must be filed  | 
| 3515 | with the office. | 
| 3516 |      Section 67.  Section 655.851, Florida Statutes, is created  | 
| 3517 | to read: | 
| 3518 |      655.851  Unclaimed credit balances.--Credit balances of  | 
| 3519 | suspense accounts and credit balances only and exactly held by a  | 
| 3520 | financial institution, credit union, or participant as defined  | 
| 3521 | by 12 U.S.C. s. 4001(19), which result from the performance of  | 
| 3522 | or participation in check-clearing functions, whether pursuant  | 
| 3523 | to a contractual relationship between financial institutions,  | 
| 3524 | credit unions, or participants, through a clearinghouse as  | 
| 3525 | defined by s. 674.104, or through a clearinghouse association as  | 
| 3526 | defined by 12 U.S.C. s. 4001(8), are not subject to s. 717.117.  | 
| 3527 | This section is intended to be remedial in nature, is intended  | 
| 3528 | to clarify existing law, and shall apply to credit balances held  | 
| 3529 | before, on, or after July 1, 2006. | 
| 3530 |      Section 68.  Section 655.935, Florida Statutes, is amended  | 
| 3531 | to read: | 
| 3532 |      655.935  Search procedure on death of lessee.--If  | 
| 3533 | satisfactory proof of the death of the lessee is presented, a  | 
| 3534 | lessor shall permit the person named in a court order for the  | 
| 3535 | purpose, or if no order has been served upon the lessor, the  | 
| 3536 | spouse, a parent, an adult descendant, or a person named as a  | 
| 3537 | personal representative in a copy of a purported will produced  | 
| 3538 | by such person, to open and examine the contents of a safe- | 
| 3539 | deposit box leased or co-leased by a decedent, or any documents  | 
| 3540 | delivered by a decedent for safekeeping, in the presence of an  | 
| 3541 | officer of the lessor; and the lessor, if so requested by such  | 
| 3542 | person, shall deliver: | 
| 3543 |      (1)  Any writing purporting to be a will of the decedent,  | 
| 3544 | to the court having probate jurisdiction in the county in which  | 
| 3545 | the financial institution is located; | 
| 3546 |      (2)  Any writing purporting to be a deed to a burial plot  | 
| 3547 | or to give burial instructions, to the person making the request  | 
| 3548 | for a search; and | 
| 3549 |      (3)  Any document purporting to be an insurance policy on  | 
| 3550 | the life of the decedent, to the beneficiary named therein. | 
| 3551 | 
  | 
| 3552 | No other contents may be removed pursuant to this section and  | 
| 3553 | access granted pursuant to this section shall not be considered  | 
| 3554 | the initial opening of the safe-deposit box pursuant to s.  | 
| 3555 | 733.6065 by a personal representative appointed by a court in  | 
| 3556 | this state. | 
| 3557 |      Section 69.  Subsections (1) and (2) of section 655.936,  | 
| 3558 | Florida Statutes, are amended to read: | 
| 3559 |      655.936  Delivery of safe-deposit box contents or property  | 
| 3560 | held in safekeeping to personal representative.-- | 
| 3561 |      (1)  Subject to the provisions of subsection (3), the  | 
| 3562 | lessor shall immediately deliver to a resident personal  | 
| 3563 | representative appointed by a court in this state, upon  | 
| 3564 | presentation of a certified copy of his or her letters of  | 
| 3565 | authority, all property deposited with it by the decedent for  | 
| 3566 | safekeeping, and shall grant the resident personal  | 
| 3567 | representative access to any safe-deposit box in the decedent's  | 
| 3568 | name and permit him or her to remove from such box any part or  | 
| 3569 | all of the contents thereof. | 
| 3570 |      (2)  If a foreign personal representative of a deceased  | 
| 3571 | lessee has been appointed by a court of any other state, a  | 
| 3572 | lessor may, at its discretion, after 3 months from the issuance  | 
| 3573 | to such foreign personal representative of his or her letters of  | 
| 3574 | authority, deliver to such foreign personal representative all  | 
| 3575 | properties deposited with it for safekeeping and the contents of  | 
| 3576 | any safe-deposit box in the name of the decedent if at such time  | 
| 3577 | the lessor has not received written notice of the appointment of  | 
| 3578 | a personal representative in this state, and such delivery is a  | 
| 3579 | valid discharge of the lessor for all property or contents so  | 
| 3580 | delivered. A Such foreign personal representative appointed by a  | 
| 3581 | court of any other state shall furnish the lessor with an  | 
| 3582 | affidavit setting forth facts showing the domicile of the  | 
| 3583 | deceased lessee to be other than this state and stating that  | 
| 3584 | there are no unpaid creditors of the deceased lessee in this  | 
| 3585 | state, together with a certified copy of his or her letters of  | 
| 3586 | authority. A lessor making delivery pursuant to this subsection  | 
| 3587 | shall maintain in its files a receipt executed by such foreign  | 
| 3588 | personal representative which itemizes in detail all property so  | 
| 3589 | delivered. | 
| 3590 |      Section 70.  Section 655.937, Florida Statutes, is amended  | 
| 3591 | to read: | 
| 3592 |      655.937  Access to safe-deposit boxes leased in two or more  | 
| 3593 | names.-- | 
| 3594 |      (1)  Unless When specifically provided in the lease or  | 
| 3595 | rental agreement to the contrary, if covering a safe-deposit box  | 
| 3596 | is heretofore or hereafter rented or leased in the names of two  | 
| 3597 | or more lessees, that access to the safe-deposit box will be  | 
| 3598 | granted to either lessee, or to either or the survivor, access  | 
| 3599 | to the safe-deposit box shall be granted to: | 
| 3600 |      (a)  Either or any of such lessees, regardless of whether  | 
| 3601 | or not the other lessee or lessees or any of them are living or  | 
| 3602 | competent.; or | 
| 3603 |      (b)  Subject to s. 655.933, those persons named in s.  | 
| 3604 | 655.933. | 
| 3605 |      (c)  Subject to s. 655.935, those persons named in s.  | 
| 3606 | 655.935. | 
| 3607 |      (d)(b)  Subject to s. 773.6065, the personal representative  | 
| 3608 | of the estate of either or any of such lessees who is deceased,  | 
| 3609 | or the guardian of the property of either or any of such lessees  | 
| 3610 | who is incapacitated. | 
| 3611 |      (2)  In all cases described in subsection (1),; and, in  | 
| 3612 | either such case, the provisions of s. 655.933 apply, and the  | 
| 3613 | signature on the safe-deposit entry or access record,(or the  | 
| 3614 | receipt or acquittance, in the case of property or documents  | 
| 3615 | otherwise held for safekeeping,) is a valid and sufficient  | 
| 3616 | release and discharge to the lessor for granting access to such  | 
| 3617 | safe-deposit box or for the delivery of such property or  | 
| 3618 | documents otherwise held for safekeeping. | 
| 3619 |      (3)(2)  A lessor may not be held liable for damages or  | 
| 3620 | penalty by reason of any access granted or delivery made  | 
| 3621 | pursuant to this section. | 
| 3622 |      (4)  The right of access by a co-lessee is separate from  | 
| 3623 | the rights and responsibilities of other persons who may be  | 
| 3624 | granted access to a safe-deposit box after the death or  | 
| 3625 | incapacity of another co-lessee and such right of access is not  | 
| 3626 | subject to the provisions of s. 655.935 or s. 733.6065 or other  | 
| 3627 | requirements imposed upon personal representatives, guardians,  | 
| 3628 | or other fiduciaries. | 
| 3629 |      (5)  After the death of a co-lessee, the surviving co- | 
| 3630 | lessee or any other person who is granted access to the safe- | 
| 3631 | deposit box pursuant to this section may make a written  | 
| 3632 | inventory of the box, which must be conducted by the person  | 
| 3633 | making the request in the presence of one other person as  | 
| 3634 | specified in this section. Each person present shall verify the  | 
| 3635 | contents of the box by signing a copy of the inventory under  | 
| 3636 | penalty of perjury. | 
| 3637 |      (a)  If the person making the written inventory is the  | 
| 3638 | surviving co-lessee, the other person may be any other person  | 
| 3639 | granted access pursuant to this section, an employee of the  | 
| 3640 | institution where the box is located, or an attorney licensed in  | 
| 3641 | this state. | 
| 3642 |      (b)  If the person making the written inventory is not a  | 
| 3643 | surviving co-lessee, the other person may be a surviving co- | 
| 3644 | lessee, an employee of the institution where the box is located,  | 
| 3645 | or an attorney licensed in this state. | 
| 3646 |      Section 71.  Effective upon this act becoming a law,  | 
| 3647 | subsection (3) of section 679.705, Florida Statutes, is amended  | 
| 3648 | to read: | 
| 3649 |      679.705  Effectiveness of action taken before effective  | 
| 3650 | date.-- | 
| 3651 |      (3)  This act does not render ineffective an effective  | 
| 3652 | financing statement that, before this act takes effect, is filed  | 
| 3653 | and satisfies the applicable requirements for perfection under  | 
| 3654 | the law of the jurisdiction governing perfection as provided in  | 
| 3655 | s. 679.103, Florida Statutes 2000. However, except as otherwise  | 
| 3656 | provided in subsections (4) and (5) and s. 679.706, the  | 
| 3657 | financing statement ceases to be effective at the earlier of: | 
| 3658 |      (a)  The time the financing statement would have ceased to  | 
| 3659 | be effective under the law of the jurisdiction in which it is  | 
| 3660 | filed; or | 
| 3661 |      (b)  December 31 June 30, 2006. | 
| 3662 |      Section 72.  Section 733.6065, Florida Statutes, is amended  | 
| 3663 | to read: | 
| 3664 |      733.6065  Opening safe-deposit box.-- | 
| 3665 |      (1)  Subject to the provisions of s. 655.936(2), the  | 
| 3666 | initial opening of a the decedent's safe-deposit box that is  | 
| 3667 | leased or co-leased by the decedent shall be conducted in the  | 
| 3668 | presence of any two of the following persons: an employee of the  | 
| 3669 | institution where the box is located, the personal  | 
| 3670 | representative, or the personal representative's attorney of  | 
| 3671 | record. Each person who is present must verify the contents of  | 
| 3672 | the box by signing a copy of the inventory under penalties of  | 
| 3673 | perjury. The personal representative shall file the safe-deposit  | 
| 3674 | box inventory, together with a copy of the box entry record from  | 
| 3675 | a date which is 6 months prior to the date of death to the date  | 
| 3676 | of inventory, with the court within 10 days after the box is  | 
| 3677 | opened. Unless otherwise ordered by the court, this inventory  | 
| 3678 | and the attached box entry record is subject to inspection only  | 
| 3679 | by persons entitled to inspect an inventory under s. 733.604(1).  | 
| 3680 | The personal representative may remove the contents of the box. | 
| 3681 |      (2)  The right to open and examine the contents of a safe- | 
| 3682 | deposit box leased by a decedent, or any documents delivered by  | 
| 3683 | a decedent for safekeeping, and to receive items as provided for  | 
| 3684 | in s. 655.935 are separate from in addition to the rights  | 
| 3685 | provided for in subsection (1). | 
| 3686 |      Section 73.  For the 2006-2007 fiscal year, the recurring  | 
| 3687 | sum of $700,515 is appropriated from the Regulatory Trust Fund  | 
| 3688 | to the Office of Financial Regulation for the purpose of  | 
| 3689 | implementing the provisions of s. 494.0033(2)(b), Florida  | 
| 3690 | Statutes, for third-party administration of the mortgage broker  | 
| 3691 | test. | 
| 3692 |      Section 74.  Except as otherwise expressly provided in this  | 
| 3693 | act, this act shall take effect October 1, 2006. |