Florida Senate - 2009                             CS for SB 2226
       
       
       
       By the Committees on Banking and Insurance; and Banking and
       Insurance; and Senator Fasano
       
       
       
       597-03482A-09                                         20092226c1
    1                        A bill to be entitled                      
    2         An act relating to mortgage brokering and lending;
    3         amending s. 494.001, F.S.; redefining terms, defining
    4         new terms, and deleting terms; amending s. 494.0011,
    5         F.S.; authorizing the Financial Services Commission to
    6         adopt rules relating to compliance with the S.A.F.E.
    7         Mortgage Licensing Act of 2008; requiring the
    8         commission to adopt rules establishing time periods
    9         for barring licensure for certain misdemeanors and
   10         felonies; authorizing the Office of Financial
   11         Regulation to participate in the Nationwide Mortgage
   12         Licensing System and Registry; creating s. 494.00121,
   13         F.S.; providing for the issuance of subpoenas;
   14         amending s. 494.0014, F.S.; revising provisions
   15         relating to the refund of fees; deleting an obsolete
   16         provision; amending s. 494.00165, F.S.; prohibiting
   17         unfair and deceptive advertising relating to mortgage
   18         brokering and lending; repealing s. 494.0017, F.S.,
   19         relating to claims paid from the Regulatory Trust
   20         Fund; creating s. 494.00172, F.S.; providing for a $20
   21         fee to be assessed against loan originators and a $100
   22         fee to be assessed against mortgage brokers and
   23         lenders at the time of license application or renewal;
   24         providing that such fees shall be deposited into the
   25         Mortgage Guaranty Trust Fund and used to pay claims
   26         against licensees; providing for a cap on the amount
   27         collected and deposited; providing requirements for
   28         seeking recovery from the trust fund; providing
   29         limitations on the amount paid; providing for the
   30         assignment of certain rights to the office; providing
   31         that payment for a claim is prima facie grounds for
   32         the revocation of a license; amending s. 494.0018,
   33         F.S.; conforming cross-references; amending ss.
   34         494.0019 and 494.002, F.S.; conforming terms; amending
   35         s. 494.0023, F.S.; deleting the statutory disclosure
   36         form and revising the disclosure that must be provided
   37         to a borrower in writing; providing that there is a
   38         conflicting interest if a licensee or the licensee’s
   39         relatives have a 1 percent or more interest in the
   40         person providing additional products or services;
   41         authorizing the commission to adopt rules; amending s.
   42         494.0025, F.S.; prohibiting the alteration,
   43         withholding, concealment, or destruction of records
   44         relevant to regulated activities; creating s. 494.255,
   45         F.S.; providing for license violations and
   46         administrative penalties; authorizing a fine of $1,000
   47         for each day of unlicensed activity up to $25,000;
   48         amending s. 494.0028, F.S.; conforming terms;
   49         repealing ss. 494.0029 and 494.00295, F.S., relating
   50         to mortgage business schools and continuing education
   51         requirements; creating s. 494.00296, F.S.; providing
   52         for loan modification services; prohibiting certain
   53         related acts; providing for a loan modification
   54         agreement and for the inclusion of a borrower’s right
   55         of cancellation statement; providing remedies;
   56         providing a directive to the Division of Statutory
   57         Revision; amending s. 494.003, F.S.; revising
   58         provisions relating to who is exempt from loan
   59         originator or mortgage broker licensing and
   60         regulation; repealing s. 494.0031, F.S., relating to
   61         licensure as a mortgage brokerage business; creating
   62         s. 494.00312, F.S.; providing for the licensure of
   63         loan originators; providing license application
   64         requirements; providing grounds for license denial;
   65         requiring the denial of a license under certain
   66         circumstances; requiring licenses to be renewed
   67         annually by a certain date; creating s. 494.00313,
   68         F.S.; providing for the renewal of a loan originator
   69         license; repealing s. 494.0032, F.S., relating to
   70         renewal of a mortgage brokerage business license or
   71         branch office license; creating s. 494.00321, F.S.;
   72         providing for the licensure of mortgage brokers;
   73         providing license application requirements; providing
   74         grounds for license denial; requiring the denial of a
   75         license under certain circumstances; requiring
   76         licenses to be renewed by a certain date; creating s.
   77         494.00322, F.S.; providing for the annual renewal of a
   78         mortgage broker license; providing license renewal
   79         requirements; repealing s. 494.0033, F.S., relating to
   80         a mortgage broker license; amending s. 494.00331,
   81         F.S.; requiring a loan originator to be an employee or
   82         independent contractor for a mortgage broker or
   83         mortgage lender; repealing s. 494.0034, F.S., relating
   84         to renewal of mortgage broker license; amending s.
   85         494.0035, F.S.; providing for the management of a
   86         mortgage broker by a principal loan originator and a
   87         branch office by a loan originator; providing minimum
   88         requirements; amending s. 494.0036, F.S.; revising
   89         provisions relating to the licensure of a mortgage
   90         broker’s branch office; amending s. 494.0038, F.S.;
   91         revising provisions relating to loan origination and
   92         mortgage broker fees; amending s. 494.0039, F.S.;
   93         conforming terms; amending s. 494.004, F.S.; revising
   94         provisions relating to licensees; providing for
   95         registry requirements; deleting obsolete provisions;
   96         repealing s. 494.0041, F.S., relating to license
   97         violations and administrative penalties; providing
   98         additional grounds for assessing fines and penalties;
   99         amending s. 494.0042, F.S.; providing for loan
  100         originator fees; conforming terms; amending ss.
  101         494.00421 and 494.0043, F.S.; conforming terms;
  102         amending s. 494.006, F.S.; revising provisions
  103         relating to who is exempt from licensure and
  104         regulation as a mortgage lender; repealing s.
  105         494.0061, F.S., relating to mortgage lender license
  106         requirements; creating s. 494.00611, F.S.; providing
  107         for the licensure of mortgage lenders; providing
  108         license application requirements; providing grounds
  109         for license denial; requiring the denial of a license
  110         under certain circumstances; requiring licenses to be
  111         renewed annually by a certain date; creating s.
  112         494.00612, F.S.; providing for the renewal of a
  113         mortgage lender license; repealing s. 494.0062, F.S.,
  114         relating to correspondent mortgage lender license
  115         requirements; amending s. 494.0063, F.S.; requiring a
  116         mortgage lender to obtain an annual financial audit
  117         report and submit a copy to the office within certain
  118         time periods; repealing s. 494.0064, F.S., relating to
  119         renewal of mortgage lender license; repealing s.
  120         494.0065, F.S., relating to certain licenses and
  121         registrations that were converted into mortgage lender
  122         licenses; amending s. 494.0066, F.S.; revising
  123         provisions relating to a mortgage lender branch office
  124         license; creating s. 494.00665, F.S.; providing for a
  125         principal loan originator and branch manager for a
  126         mortgage lender; providing requirements and
  127         limitations; amending s. 494.0067, F.S.; revising
  128         requirements of mortgage lenders; providing for
  129         registry requirements; deleting obsolete provisions;
  130         providing for servicing agreements; amending ss.
  131         494.0068, 494.0069, 494.007, and 494.0071, F.S.;
  132         conforming terms; repealing s. 494.0072, F.S.,
  133         relating to license violations and administrative
  134         penalties; amending ss. 494.00721, 494.0073, 494.0075,
  135         494.0077, and 501.1377 F.S.; deleting provisions
  136         relating to foreclosure rescue consultants and
  137         foreclosure related rescue service agreements;
  138         providing for the termination of mortgage business
  139         school licenses; providing for the expiration of
  140         mortgage brokerage business licenses, mortgage broker
  141         licenses, and correspondent mortgage lender licenses;
  142         providing requirements for applying for a loan
  143         originator, mortgage broker and mortgage lender
  144         license by a certain date; providing effective dates.
  145  
  146  Be It Enacted by the Legislature of the State of Florida:
  147  
  148         Section 1. Section 494.001, Florida Statutes, is amended to
  149  read:
  150         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  151  term:
  152         (1)“Act as a correspondent mortgage lender” means to make
  153  a mortgage loan.
  154         (2)“Act as a loan originator” means being employed by a
  155  mortgage lender or correspondent mortgage lender, for
  156  compensation or gain or in the expectation of compensation or
  157  gain, to negotiate, offer to negotiate, or assist any licensed
  158  or exempt entity in negotiating the making of a mortgage loan,
  159  including, but not limited to, working with a licensed or exempt
  160  entity to structure a loan or discussing terms and conditions
  161  necessary for the delivery of a loan product. A natural person
  162  whose activities are ministerial and clerical, which may include
  163  quoting available interest rates, is not acting as a loan
  164  originator.
  165         (3)“Act as a mortgage broker” means, for compensation or
  166  gain, or in the expectation of compensation or gain, either
  167  directly or indirectly, accepting or offering to accept an
  168  application for a mortgage loan, soliciting or offering to
  169  solicit a mortgage loan on behalf of a borrower, negotiating or
  170  offering to negotiate the terms or conditions of a mortgage loan
  171  on behalf of a lender, or negotiating or offering to negotiate
  172  the sale of an existing mortgage loan to a noninstitutional
  173  investor. An employee whose activities are ministerial and
  174  clerical, which may include quoting available interest rates or
  175  loan terms and conditions, is not acting as a mortgage broker.
  176         (4)“Act as a mortgage lender” means to make a mortgage
  177  loan or to service a mortgage loan for others or, for
  178  compensation or gain, or in the expectation of compensation or
  179  gain, either directly or indirectly, to sell or offer to sell a
  180  mortgage loan to a noninstitutional investor.
  181         (5)“Associate” means a person required to be licensed as a
  182  mortgage broker under this chapter who is employed by or acting
  183  as an independent contractor for a mortgage brokerage business
  184  or a person acting as an independent contractor for a mortgage
  185  lender or correspondent mortgage lender. The use of the term
  186  associate, in contexts other than in the administration of ss.
  187  494.003-494.0077, shall not be construed to impose or effect the
  188  common-law or statutory liability of the employer.
  189         (1)“Borrower” means a natural person obligated to repay a
  190  mortgage loan and includes, but is not limited to, a coborrower,
  191  cosignor, or guarantor.
  192         (2)(6) “Branch manager broker” means the licensed loan
  193  originator licensee in charge of, and responsible for, the
  194  operation of the a branch office of a mortgage broker or
  195  mortgage lender brokerage business.
  196         (3)(7) “Branch office” means a location, other than a
  197  mortgage broker’s or mortgage lender’s licensee’s principal
  198  place of business:
  199         (a) The address of which appears on business cards,
  200  stationery, or advertising used by the licensee in connection
  201  with business conducted under this chapter;
  202         (b) At which the licensee’s name, advertising or
  203  promotional materials, or signage suggest that mortgage loans
  204  are originated, negotiated, funded, or serviced; or
  205         (c) At which, due to the actions of any employee or
  206  associate of the licensee, may be construed by the public as a
  207  branch office of the licensee where mortgage loans are
  208  originated, negotiated, funded, or serviced by a licensee.
  209         (4)(8) “Commission” means the Financial Services
  210  Commission.
  211         (5)(9) “Control person” means an individual, partnership,
  212  corporation, trust, or other organization that possesses the
  213  power, directly or indirectly, to direct the management or
  214  policies of a company, whether through ownership of securities,
  215  by contract, or otherwise. Control person includes, but is not
  216  limited to A person is presumed to control a company if, with
  217  respect to a particular company, that person:
  218         (a) A company’s executive officers, including the
  219  president, chief executive officer, chief financial officer,
  220  chief operations officer, chief legal officer, chief compliance
  221  officer, director, and other individuals having similar status
  222  or functions.
  223         (b) For a corporation, each shareholder that, directly or
  224  indirectly, owns 10 percent or more or that has the power to
  225  vote 10 percent or more, of a class of voting securities unless
  226  the applicant is a publicly traded company.
  227         (c)For a partnership, all general partners and limited or
  228  special partners that have contributed 10 percent or more or
  229  that have the right to receive, upon dissolution, 10 percent or
  230  more of the partnership’s capital.
  231         (d)For a trust, each trustee.
  232         (e)For a limited liability company, all elected managers
  233  and those members that have contributed 10 percent or more or
  234  that have the right to receive, upon dissolution, 10 percent or
  235  more of the partnership’s capital.
  236         (f)Principal loan originators.
  237         (6)“Credit report” means any written, oral, or other
  238  information obtained from a consumer reporting agency as
  239  described in the federal Fair Credit Reporting Act, which bears
  240  on an individuals credit worthiness, credit standing, or credit
  241  capacity. A credit score alone, as calculated by the reporting
  242  agency, is not considered a credit report.
  243         (7)“Credit score” means a score, grade, or value that is
  244  derived by using data from a credit report in any type of model,
  245  method, or program, whether electronically, in an algorithm,
  246  computer software or program, or any other process, for the
  247  purpose of grading or ranking credit report data.
  248         (8)“Depository institution” has the same meaning as in s.
  249  (3)(c) of the Federal Deposit Insurance Act, and includes any
  250  credit union.
  251         (a)Is a director, general partner, or officer exercising
  252  executive responsibility or having similar status or functions;
  253         (b)Directly or indirectly may vote 10 percent or more of a
  254  class of voting securities or sell or direct the sale of 10
  255  percent or more of a class of voting securities; or
  256         (c)In the case of a partnership, may receive upon
  257  dissolution or has contributed 10 percent or more of the
  258  capital.
  259         (10)“Office” means the Office of Financial Regulation of
  260  the commission.
  261         (11)“Employed” means engaged in the service of another for
  262  salary or wages subject to withholding, FICA, or other lawful
  263  deductions by the employer as a condition of employment.
  264         (12)“Employee” means a natural person who is employed and
  265  who is subject to the right of the employer to direct and
  266  control the actions of the employee.
  267         (13)“Good standing” means that the registrant or licensee,
  268  or a subsidiary or affiliate thereof, is not, at the time of
  269  application, being penalized for one or more of the following
  270  disciplinary actions by a licensing authority of any state,
  271  territory, or country:
  272         (a)Revocation of a license or registration.
  273         (b)Suspension of a license or registration.
  274         (c)Probation of a license or registration for an offense
  275  involving fraud, dishonest dealing, or an act of moral
  276  turpitude.
  277         (9)“Financial audit report” means a report prepared in
  278  connection with a financial audit that is conducted in
  279  accordance with generally accepted auditing standards prescribed
  280  by the American Institute of Certified Public Accountants by a
  281  certified public accountant licensed to do business in the
  282  United States, and which must include:
  283         (a)Financial statements, including notes related to the
  284  financial statements and required supplementary information,
  285  prepared in conformity with United States generally accepted
  286  accounting principles.
  287         (b)An expression of opinion regarding whether the
  288  financial statements are presented in conformity with accounting
  289  principles generally accepted in the United States, or an
  290  assertion to the effect that such an opinion cannot be expressed
  291  and the reasons.
  292         (10)(14) “Institutional investor” means a depository
  293  institution state or national bank, state or federal savings and
  294  loan association or savings bank, real estate investment trust,
  295  insurance company, real estate company, accredited investor as
  296  defined in 17 C.F.R. ss. 230.501 et seq., mortgage broker or
  297  mortgage lender business licensed under this chapter ss.
  298  494.001-494.0077, or other business entity that invests in
  299  mortgage loans, including a secondary mortgage market
  300  institution including, without limitation, the Federal National
  301  Mortgage Association, the Federal Home Loan Mortgage
  302  Corporation, and the Government National Mortgage Association,
  303  conduits, investment bankers, and any subsidiary of such
  304  entities.
  305         (11)(15) “Loan commitment” or “commitment” means a
  306  statement by the lender setting forth the terms and conditions
  307  upon which the lender is willing to make a particular mortgage
  308  loan to a particular borrower.
  309         (12)“Loan modification” means a modification to an
  310  existing loan. The term does not include a refinancing
  311  transaction.
  312         (13)“Loan origination fee” means the total compensation
  313  from any source received by a mortgage broker acting as a loan
  314  originator. Any payment for processing mortgage loan
  315  applications must be included in the fee and must be paid to the
  316  mortgage broker.
  317         (14)“Loan originator” means an individual who, directly or
  318  indirectly, solicits or offers to solicit a mortgage loan,
  319  accepts or offers to accept an application for a mortgage loan,
  320  negotiates or offers to negotiate the terms or conditions of a
  321  new or existing mortgage loan on behalf of a borrower or lender,
  322  processes a mortgage loan application, or negotiates or offers
  323  to negotiate the sale of an existing mortgage loan to a
  324  noninstitutional investor for compensation or gain. The term
  325  includes the activities of a loan originator as that term is
  326  defined in the S.A.F.E. Mortgage Licensing Act of 2008, and an
  327  individual acting as a loan originator pursuant to that
  328  definition is acting as a loan originator for purposes of this
  329  definition. The term does not include an employee of a mortgage
  330  broker or mortgage lender who performs only administrative or
  331  clerical tasks, including quoting available interest rates,
  332  physically handling a completed application form, or
  333  transmitting a completed form to a lender on behalf of a
  334  prospective borrower
  335         (15)(16) “Lock-in agreement” means an agreement whereby the
  336  lender guarantees for a specified number of days or until a
  337  specified date the availability of a specified rate of interest
  338  or specified formula by which the rate of interest will be
  339  determined or and/or specific number of discount points will be
  340  given, if the loan is approved and closed within the stated
  341  period of time.
  342         (16)(17) “Making Make a mortgage loan” means to close a
  343  mortgage loan in a person’s name, or to advance funds, offer to
  344  advance funds, or make a commitment to advance funds to an
  345  applicant for a mortgage loan.
  346         (17)“Mortgage broker” means a person conducting loan
  347  originator activities through one or more licensed loan
  348  originators employed by the mortgage broker or as independent
  349  contractors to the mortgage broker.
  350         (18)“Mortgage brokerage fee” means a fee received for
  351  acting as a mortgage broker.
  352         (19)“Mortgage brokerage business” means a person acting as
  353  a mortgage broker.
  354         (18)“Mortgage lender” means a person making a mortgage
  355  loan or servicing a mortgage loan for others, or, for
  356  compensation or gain, directly or indirectly, selling or
  357  offering to sell a mortgage loan to a noninstitutional investor.
  358         (19)(20) “Mortgage loan” means any:
  359         (a) Residential mortgage loan primarily for personal,
  360  family, or household use which is secured by a mortgage, deed of
  361  trust, or other equivalent consensual security interest on a
  362  dwelling, as defined in s. 103(v) of the federal Truth in
  363  Lending Act, or for the purchase of residential real estate upon
  364  which a dwelling is to be constructed;
  365         (b) Loan on commercial real property if the borrower is a
  366  natural person or the lender is a noninstitutional investor; or
  367         (c) Loan on improved real property consisting of five or
  368  more dwelling units if the borrower is a natural person or the
  369  lender is a noninstitutional investor.
  370         (20)“Mortgage loan application” means the submission of a
  371  borrower’s financial information in anticipation of a credit
  372  decision, which includes the borrowers name, the borrowers
  373  monthly income, the borrowers social security number to obtain
  374  a credit report, the property address, an estimate of the value
  375  of the property, the mortgage loan amount sought, and any other
  376  information deemed necessary by the loan originator. An
  377  application may be in writing or electronically submitted,
  378  including a written record of an oral application.
  379         (21) “Net worth” means total assets minus total liabilities
  380  pursuant to United States generally accepted accounting
  381  principles.
  382         (22) “Noninstitutional investor” means an investor other
  383  than an institutional investor.
  384         (23)“Nonresidential mortgage loan” means a mortgage loan
  385  other than a residential mortgage loan.
  386         (23) “Office” means the Office of Financial Regulation.
  387         (24) “Person” has the same meaning as in s. 1.01 means an
  388  individual, partnership, corporation, association, or other
  389  group, however organized.
  390         (25)“Principal broker” means a licensee in charge of, and
  391  responsible for, the operation of the principal place of
  392  business and all branch brokers.
  393         (25) “Principal loan originator” means the licensed loan
  394  originator in charge of, and responsible for, the operation of a
  395  mortgage lender or mortgage broker, including all of the
  396  activities of the mortgage lender’s or mortgage broker’s loan
  397  originators and branch managers, whether employees or
  398  independent contractors.
  399         (26) “Principal place of business” means a mortgage
  400  broker’s or mortgage lender’s licensees primary business
  401  office, the street address, or physical location that of which
  402  is designated on the application for licensure or any amendment
  403  to such application.
  404         (27)“Registered loan originator” means a loan originator
  405  who is employed by a depository institution, by a subsidiary
  406  that is owned and controlled by a depository institution and
  407  regulated by a federal banking agency, or by an institution
  408  regulated by the Farm Credit Administration, and who is
  409  registered with and maintains a unique identifier through the
  410  registry.
  411         (28)“Registry” means the Nationwide Mortgage Licensing
  412  System and Registry, which is the mortgage licensing system
  413  developed and maintained by the Conference of State Bank
  414  Supervisors and the American Association of Residential Mortgage
  415  Regulators for the licensing and registration of loan
  416  originators.
  417         (29)“Relative” means any of the following, whether by the
  418  full or half blood or by adoption:
  419         (a)A persons spouse, father, mother, children, brothers,
  420  and sisters.
  421         (b)The father, mother, brothers, and sisters of the
  422  persons spouse.
  423         (c)The spouses of the persons children, brothers, or
  424  sisters.
  425         (27)“Residential mortgage loan” means any mortgage or
  426  other security instrument secured by improved real property
  427  consisting of no more than four dwelling units.
  428         (30)“Servicing endorsement” means authorizing a mortgage
  429  lender to service a loan for more than 4 months.
  430         (31)(28) “Servicing Service a mortgage loan” means to
  431  receive, or cause to be received, or transferred for another,
  432  installment payments of principal, interest, or other payments
  433  pursuant to a mortgage loan.
  434         (32)(29) “Substantial fault of the borrower” means that the
  435  borrower:
  436         (a) Failed to provide information or documentation required
  437  by the lender or broker in a timely manner;
  438         (b) Provided information, in the application or
  439  subsequently, which upon verification proved to be significantly
  440  inaccurate, causing the need for review or further investigation
  441  by the lender or broker;
  442         (c) Failed to produce by no later than the date specified
  443  by the lender all documentation specified in the commitment or
  444  closing instructions as being required for closing; or
  445         (d) Failed to be ready, willing, or able to close the loan
  446  by no later than the date specified by the lender or broker.
  447  
  448  For purposes of this definition, a borrower is considered to
  449  have provided information or documentation in a timely manner if
  450  such information and documentation was received by the lender
  451  within 7 days after the borrower received a request for same,
  452  and information is considered significantly inaccurate if the
  453  correct information materially affects the eligibility of the
  454  borrower for the loan for which application is made.
  455         (33)(30) “Ultimate equitable owner” means a natural person
  456  who, directly or indirectly, owns or controls an ownership
  457  interest in a corporation, a foreign corporation, an alien
  458  business organization, or any other form of business
  459  organization, regardless of whether such natural person owns or
  460  controls such ownership interest through one or more natural
  461  persons or one or more proxies, powers of attorney, nominees,
  462  corporations, associations, partnerships, trusts, joint stock
  463  companies, or other entities or devices, or any combination
  464  thereof.
  465         (31)“Principal representative” means an individual who
  466  operates the business operations of a licensee under part III.
  467         (32)“Mortgage loan application” means a submission of a
  468  borrower’s financial information in anticipation of a credit
  469  decision, whether written or computer-generated, relating to a
  470  mortgage loan. If the submission does not state or identify a
  471  specific property, the submission is an application for a
  472  prequalification and not an application for a mortgage loan
  473  under this part. The subsequent addition of an identified
  474  property to the submission converts the submission to an
  475  application for a mortgage loan.
  476         (33)“Mortgage brokerage fee” means the total compensation
  477  to be received by a mortgage brokerage business for acting as a
  478  mortgage broker.
  479         (34)“Business day” means any calendar day except Sunday or
  480  a legal holiday.
  481         Section 2. Section 494.0011, Florida Statutes, is amended
  482  to read:
  483         494.0011 Powers and duties of the commission and office.—
  484         (1) The office shall be responsible for the administration
  485  and enforcement of ss. 494.001-494.0077.
  486         (2) The commission may adopt rules pursuant to ss.
  487  120.536(1) and 120.54 To administer implement ss. 494.001
  488  494.0077,. the commission may adopt rules:
  489         (a) Requiring electronic submission of any forms,
  490  documents, or fees required by this act if such rules reasonably
  491  accommodate technological or financial hardship.
  492         (b)Relating to compliance with the S.A.F.E. Mortgage
  493  Licensing Act of 2008, including rules to:
  494         1.Require loan originators, mortgage brokers, mortgage
  495  lenders, and branch offices to register through the registry.
  496         2.Require the use of uniform forms that have been approved
  497  by the registry, and any subsequent amendments to such forms if
  498  the forms are substantially in compliance with the provisions of
  499  this chapter. Uniform forms that the commission may adopt
  500  include, but are not limited to:
  501         a.Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  502         b.Uniform Mortgage Biographical Statement & Consent Form,
  503  MU2.
  504         c.Uniform Mortgage Branch Office Form, MU3.
  505         d.Uniform Individual Mortgage License/Registration &
  506  Consent Form, MU4.
  507         3.Require the filing of forms, documents, and fees in
  508  accordance with the requirements of the registry.
  509         4.Prescribe requirements for amending or surrendering a
  510  license or other activities as the commission deems necessary
  511  for the office’s participation in the registry.
  512         5.Prescribe procedures that allow a licensee to challenge
  513  information contained in the registry.
  514         6.Prescribe procedures for reporting violations of this
  515  chapter and disciplinary actions on licensees to the registry.
  516  The commission may prescribe by rule requirements and procedures
  517  for obtaining an exemption due to a technological or financial
  518  hardship. The commission may also adopt rules to accept
  519  certification of compliance with requirements of this act in
  520  lieu of requiring submission of documents.
  521         (c)Establishing time periods during which a loan
  522  originator, mortgage broker, or mortgage lender license
  523  applicant under part II or part III is barred from licensure due
  524  to prior criminal convictions of, or guilty or nolo contendre
  525  pleas by, any of the applicant’s control persons, regardless of
  526  adjudication.
  527         1.The rules must provide:
  528         a.Permanent bars for felonies involving fraud, dishonesty,
  529  breach of trust, or money laundering;
  530         b.A 15-year disqualifying period for felonies involving
  531  moral turpitude;
  532         c.A 7-year period for all other felonies; and
  533         d.A 5-year period for misdemeanors involving fraud,
  534  dishonesty, or any other act of moral turpitude.
  535         2.The rule may provide for an additional waiting period
  536  due to dates of imprisonment or community supervision, the
  537  commitment of multiple crimes, and other factors reasonably
  538  related to the applicant’s criminal history.
  539         3.The rule may provide for mitigating factors for crimes
  540  identified in sub-subparagraph 1.b. However, the mitigation may
  541  not result in a period of disqualification less than 7 years.
  542  The rule may not mitigate the disqualifying periods in sub
  543  subparagraphs 1.a., 1.c., and 1.d.
  544         4.  An applicant is not eligible for licensure until the
  545  expiration of the disqualifying period set by rule.
  546         5.Section 112.011 is not applicable to eligibility for
  547  licensure under this part.
  548         (3) Except as provided in s. 494.00172, all fees, charges,
  549  and fines collected pursuant to ss. 494.001-494.0077 shall be
  550  deposited in the State Treasury to the credit of the Regulatory
  551  Trust Fund of under the office.
  552         (4)The office shall participate in the registry and shall
  553  regularly report to the registry violations of this chapter,
  554  disciplinary actions, and other information deemed relevant by
  555  the office under this chapter.
  556         (4)(a)The office has the power to issue and to serve
  557  subpoenas and subpoenas duces tecum to compel the attendance of
  558  witnesses and the production of all books, accounts, records,
  559  and other documents and materials relevant to an examination or
  560  investigation. The office, or its duly authorized
  561  representative, has the power to administer oaths and
  562  affirmations to any person.
  563         (b)The office may, in its discretion, seek subpoenas or
  564  subpoenas duces tecum from any court of competent jurisdiction
  565  commanding the appearance of witnesses and the production of
  566  books, accounts, records, and other documents or materials at a
  567  time and place named in the subpoenas; and any authorized
  568  representative of the office may serve any subpoena.
  569         (5)(a)In the event of substantial noncompliance with a
  570  subpoena or subpoena duces tecum issued or caused to be issued
  571  by the office, the office may petition the circuit court or any
  572  other court of competent jurisdiction of the county in which the
  573  person subpoenaed resides or has its principal place of business
  574  for an order requiring the subpoenaed person to appear and
  575  testify and to produce such books, accounts, records, and other
  576  documents as are specified in the subpoena duces tecum. The
  577  court may grant injunctive relief restraining the person from
  578  advertising, promoting, soliciting, entering into, offering to
  579  enter into, continuing, or completing any mortgage loan
  580  transaction or mortgage loan servicing transaction. The court
  581  may grant such other relief, including, but not limited to, the
  582  restraint, by injunction or appointment of a receiver, of any
  583  transfer, pledge, assignment, or other disposition of the
  584  person’s assets or any concealment, alteration, destruction, or
  585  other disposition of books, accounts, records, or other
  586  documents and materials as the court deems appropriate, until
  587  the person has fully complied with the subpoena duces tecum and
  588  the office has completed its investigation or examination. In
  589  addition, the court may order the refund of any fees collected
  590  in a mortgage loan transaction whenever books and documents
  591  substantiating the transaction are not produced or cannot be
  592  produced. The office is entitled to the summary procedure
  593  provided in s. 51.011, and the court shall advance such cause on
  594  its calendar. Attorney’s fees and any other costs incurred by
  595  the office to obtain an order granting, in whole or part, a
  596  petition for enforcement of a subpoena or subpoena duces tecum
  597  shall be taxed against the subpoenaed person, and failure to
  598  comply with such order is a contempt of court.
  599         (b)When it appears to the office that the compliance with
  600  a subpoena or subpoena duces tecum issued or caused to be issued
  601  by the office pursuant to this section is essential and
  602  otherwise unavailable to an investigation or examination, the
  603  office, in addition to the other remedies provided for in this
  604  section, may apply to the circuit court or any other court of
  605  competent jurisdiction of the county in which the subpoenaed
  606  person resides or has its principal place of business for a writ
  607  of ne exeat. The court shall thereupon direct the issuance of
  608  the writ against the subpoenaed person requiring sufficient bond
  609  conditioned on compliance with the subpoena or subpoena duces
  610  tecum. The court shall cause to be endorsed on the writ a
  611  suitable amount of bond upon the payment of which the person
  612  named in the writ shall be freed, having a due regard to the
  613  nature of the case.
  614         (c)Alternatively, the office may seek a writ of attachment
  615  from the court having jurisdiction over the person who has
  616  refused to obey a subpoena, who has refused to give testimony,
  617  or who has refused to produce the matters described in the
  618  subpoena duces tecum.
  619         (6)The grant or denial of any license under this chapter
  620  must be in accordance with s. 120.60.
  621         Section 3. Section 494.00121, Florida Statutes, is created
  622  to read:
  623         494.00121Subpoenas.—
  624         (1)The office may:
  625         (a)Issue and serve subpoenas and subpoenas duces tecum to
  626  compel the attendance of witnesses and the production of all
  627  books, accounts, records, and other documents and materials
  628  relevant to an examination or investigation conducted by the
  629  office. The office, or its authorized representative, may
  630  administer oaths and affirmations to any person.
  631         (b) Seek subpoenas or subpoenas duces tecum from any court
  632  to command the appearance of witnesses and the production of
  633  books, accounts, records, and other documents or materials at a
  634  time and place named in the subpoenas, and an authorized
  635  representative of the office may serve such subpoena.
  636         (2) If there is substantial noncompliance with a subpoena
  637  or subpoena duces tecum issued by the office, the office may
  638  petition the court in the county where the person subpoenaed
  639  resides or has his or her principal place of business for an
  640  order requiring the person to appear, testify, or produce such
  641  books, accounts, records, and other documents as are specified
  642  in the subpoena or subpoena duces tecum.
  643         (a)The court may grant injunctive relief restraining the
  644  person from advertising, promoting, soliciting, entering into,
  645  offering to enter into, continuing, or completing a mortgage
  646  loan or servicing a mortgage loan.
  647         (b)The court may grant such other relief, including, but
  648  not limited to, the restraint, by injunction or appointment of a
  649  receiver, of any transfer, pledge, assignment, or other
  650  disposition of the person’s assets or any concealment,
  651  alteration, destruction, or other disposition of books,
  652  accounts, records, or other documents and materials as the court
  653  deems appropriate, until the person has fully complied with the
  654  subpoena duces tecum and the office has completed its
  655  investigation or examination.
  656         (c)The court may order the refund of any fees collected in
  657  a mortgage loan transaction if books and documents
  658  substantiating the transaction are not produced or cannot be
  659  produced.
  660         (d) If it appears to the office that compliance with a
  661  subpoena or subpoena duces tecum issued is essential and
  662  otherwise unavailable to an investigation or examination, the
  663  office may apply to the court for a writ of ne exeat pursuant to
  664  s. 68.02.
  665         (e)The office may seek a writ of attachment to obtain all
  666  books, accounts, records, and other documents and materials
  667  relevant to an examination or investigation.
  668         (3)The office is entitled to the summary procedure
  669  provided in s. 51.011, and the court shall advance such cause on
  670  its calendar. Attorney’s fees and any other costs incurred by
  671  the office to obtain an order granting, in whole or in part, a
  672  petition for enforcement of a subpoena or subpoena duces tecum
  673  shall be taxed against the subpoenaed person, and failure to
  674  comply with such order is a contempt of court.
  675         Section 4. Section 494.0014, Florida Statutes, is amended
  676  to read:
  677         494.0014 Cease and desist orders; administrative fines;
  678  refund orders.—
  679         (1) The office may has the power to issue and serve upon
  680  any person an order to cease and desist and to take corrective
  681  action if whenever it has reason to believe the person is
  682  violating, has violated, or is about to violate any provision of
  683  ss. 494.001-494.0077, any rule or order issued under ss.
  684  494.001-494.0077, or any written agreement between the person
  685  and the office. All procedural matters relating to issuance and
  686  enforcement of such a cease and desist order are governed by the
  687  Administrative Procedure Act.
  688         (2) The office may has the power to order the refund of any
  689  fee directly or indirectly assessed and charged on a mortgage
  690  loan transaction which is unauthorized or exceeds the maximum
  691  fee specifically authorized in ss. 494.001-494.0077, or any
  692  amount collected for the payment of third-party fees which
  693  exceeds the cost of the service provided.
  694         (3)The office may prohibit the association by a mortgage
  695  broker business, or the employment by a mortgage lender or
  696  correspondent mortgage lender, of any person who has engaged in
  697  a pattern of misconduct while an associate of a mortgage
  698  brokerage business or an employee of a mortgage lender or
  699  correspondent mortgage lender. For the purpose of this
  700  subsection, the term “pattern of misconduct” means the
  701  commission of three or more violations of ss. 494.001-494.0077
  702  or the provisions of chapter 494 in effect prior to October 1,
  703  1991, during any 1-year period or any criminal conviction for
  704  violating ss. 494.001-494.0077 or the provisions of chapter 494
  705  in effect prior to October 1, 1991.
  706         (4)The office may impose upon any person who makes or
  707  brokers a loan, or any mortgage business school, a fine for
  708  violations of any provision of ss. 494.001-494.00295 or any rule
  709  or order issued under ss. 494.001-494.00295 in an amount not
  710  exceeding $5,000 for each separate count or offense.
  711         Section 5. Section 494.00165, Florida Statutes, is amended
  712  to read:
  713         494.00165 Prohibited advertising; record requirements.—
  714         (1) It is a violation of this chapter for any person to:
  715         (a) Advertise that an applicant shall will have unqualified
  716  access to credit without disclosing the what material
  717  limitations on the availability of such credit exist. Such
  718  Material limitations include, but are not limited to, the
  719  percentage of down payment required, that a higher rate or
  720  points could be required, or that restrictions on as to the
  721  maximum principal amount of the loan offered could apply.
  722         (b) Advertise a mortgage loan at an expressed interest rate
  723  unless the advertisement specifically states that the expressed
  724  rate could change or not be available at commitment or closing.
  725         (c) Advertise mortgage loans, including rates, margins,
  726  discounts, points, fees, commissions, or other material
  727  information, including material limitations on such loans,
  728  unless the such person is able to make such mortgage loans
  729  available to a reasonable number of qualified applicants.
  730         (d) Falsely advertise or misuse names indicating a federal
  731  agency pursuant to 18 U.S.C. s. 709.
  732         (e)Engage in unfair, deceptive, or misleading advertising
  733  regarding mortgage loans, brokering services, or lending
  734  services.
  735         (2) Each person required to be licensed under this chapter
  736  must shall maintain a record of samples of each of its
  737  advertisements, including commercial scripts of each radio or
  738  television broadcast, for examination by the office for a period
  739  of 2 years after the date of publication or broadcast.
  740         Section 6. Section 494.0017, Florida Statutes, is repealed.
  741         Section 7. Effective October 1, 2010, section 494.00172,
  742  Florida Statutes, is created to read:
  743         494.00172Mortgage Guaranty Trust Fund; payment of fees and
  744  claims.—A nonrefundable fee is imposed on each application for a
  745  mortgage broker, mortgage lender, or loan originator license and
  746  on each annual application for a renewal of such license. For a
  747  loan originator, the initial and renewal fee is $20. For
  748  mortgage brokers and lenders, the initial and renewal fee is
  749  $100. This fee is in addition to the regular application or
  750  renewal fee assessed and shall be deposited into the Mortgage
  751  Guaranty Trust Fund of the office for the payment of claims in
  752  accordance with this section.
  753         (1)If the amount in the trust fund exceeds $5 million, the
  754  additional fee shall be discontinued and may not be reimposed
  755  until the fund is reduced to below $1 million pursuant to
  756  disbursements made in accordance with this section.
  757         (2)A borrower in a mortgage loan transaction is eligible
  758  to seek recovery from the trust fund if all of the following
  759  conditions are met:
  760         (a)The borrower has recorded a final judgment issued by a
  761  state court wherein the cause of action against a licensee under
  762  this chapter was based on a violation of this chapter and the
  763  damages were the result of that violation.
  764         (b)The borrower has caused a writ of execution to be
  765  issued upon such judgment, and the officer executing the
  766  judgment has made a return showing that no personal or real
  767  property of the judgment debtor liable to be levied upon in
  768  satisfaction of the judgment can be found or that the amount
  769  realized on the sale of the judgment debtor’s property pursuant
  770  to such execution is insufficient to satisfy the judgment.
  771         (c)The borrower has made all reasonable searches and
  772  inquiries to ascertain whether the judgment debtor possesses
  773  real or personal property or other assets subject to being sold
  774  or applied in satisfaction of the judgment, and has discovered
  775  no such property or assets; or he or she has discovered property
  776  and assets and has taken all necessary action and proceedings
  777  for the application thereof to the judgment, but the amount
  778  realized is insufficient to satisfy the judgment.
  779         (d)The borrower has applied any amounts recovered from the
  780  judgment debtor, or from any other source, to the damages
  781  awarded by the court.
  782         (e)The borrower, at the time the action was instituted,
  783  gave notice and provided a copy of the complaint to the office
  784  by certified mail. The requirement of a timely giving of notice
  785  may be waived by the office upon a showing of good cause.
  786         (f)The act for which recovery is sought occurred on or
  787  after January 1, 2011.
  788         (3)The requirements of subsection (2) are not applicable
  789  if the licensee upon which the claim is sought has filed for
  790  bankruptcy or has been adjudicated bankrupt. However, the
  791  claimant must file a proof of claim in the bankruptcy
  792  proceedings and must notify the office by certified mail of the
  793  claim by enclosing a copy of the proof of claim and all
  794  supporting documents.
  795         (4)Any person who meets all of the conditions in
  796  subsection (2) may apply to the office for payment from the
  797  trust fund equal to the unsatisfied portion of that person’s
  798  judgment or $50,000, whichever is less, but only to the extent
  799  that the amount reflected in the judgment is for actual or
  800  compensatory damages, plus any attorney’s fees and costs awarded
  801  by the trial court which have been determined by the court, and
  802  the documented costs associated with attempting to collect the
  803  judgment. Actual or compensatory damages may not include
  804  postjudgment interest. Attorney’s fees may not exceed $5,000 or
  805  20 percent of the actual or compensatory damages, whichever is
  806  less. If actual or compensatory damages, plus attorney’s fees
  807  and costs, exceeds $50,000, actual or compensatory damages must
  808  be paid first. The cumulative payment for actual or compensatory
  809  damages, plus attorney’s fees and costs, may not exceed $50,000
  810  as described in this section.
  811         (a)A borrower may not collect more than $50,000 from the
  812  trust fund for any claim regardless of the number of licensees
  813  liable for the borrower’s damages.
  814         (b)Payments for claims are limited in the aggregate to
  815  $250,000 against any one licensee under this chapter. If the
  816  total claims exceed the aggregate limit of $250,000, the office
  817  shall prorate payments based on the ratio that a claim bears to
  818  the total claims filed.
  819         (c)Payments shall be made to all persons meeting the
  820  requirements of subsection (2) 2 years after the date the first
  821  complete and valid notice is received by the office. Persons who
  822  give notice after 2 years and who otherwise comply with the
  823  conditions precedent to recovery may recover from any remaining
  824  portion of the $250,000 aggregate as provided in this
  825  subsection, with claims being paid in the order notice was
  826  received until the $250,000 aggregate has been disbursed.
  827         (d)The claimant shall assign his right, title, and
  828  interest in the judgment, to the extent of his recovery from the
  829  fund, to the office and shall record, at his own expense, the
  830  assignment of judgment in every county where the judgment is
  831  recorded.
  832         (e)If the money in the fund is insufficient to satisfy any
  833  valid claim or portion thereof, the office shall satisfy such
  834  unpaid claim or portion as soon as a sufficient amount of money
  835  has been deposited in the trust fund. If there is more than one
  836  unsatisfied claim outstanding, such claims shall be paid in the
  837  order in which the claims were filed with the office.
  838         (f)The payment of any amount from the fund in settlement
  839  of a claim or in satisfaction of a judgment against a licensee
  840  constitutes prima facie grounds for the revocation of the
  841  license.
  842         Section 8. Section 494.0018, Florida Statutes, is amended
  843  to read:
  844         494.0018 Penalties.—
  845         (1) Whoever knowingly violates any provision of s.
  846  494.00255(1)(a), (b), or (c) s. 494.0041(2)(e), (f), or (g); s.
  847  494.0072(2)(e), (f), or (g); or s. 494.0025(1), (2), (3), (4),
  848  or (5), except as provided in subsection (2) of this section,
  849  commits is guilty of a felony of the third degree, punishable as
  850  provided in s. 775.082, s. 775.083, or s. 775.084. Each such
  851  violation constitutes a separate offense.
  852         (2) Any person convicted of a violation of any provision of
  853  ss. 494.001-494.0077, in which violation the total value of
  854  money and property unlawfully obtained exceeds exceeded $50,000
  855  and there were five or more victims, commits is guilty of a
  856  felony of the first degree, punishable as provided in s.
  857  775.082, s. 775.083, or s. 775.084.
  858         Section 9. Section 494.0019, Florida Statutes, is amended
  859  to read:
  860         494.0019 Liability in case of unlawful transaction.—
  861         (1) If a mortgage loan transaction is made in violation of
  862  any provision of ss. 494.001-494.0077, the person making the
  863  transaction and every licensee, director, or officer who
  864  participated in making the transaction are jointly and severally
  865  liable to every party to the transaction in an action for
  866  damages incurred by the party or parties.
  867         (2) A person is not liable under this section upon a
  868  showing that such person’s licensees, officers, and directors
  869  who participated in making the mortgage loan transaction, if
  870  any, acted in good faith and without knowledge and, with the
  871  exercise of due diligence, could not have known of the act
  872  committed in violation of ss. 494.001-494.0077.
  873         Section 10. Section 494.002, Florida Statutes, is amended
  874  to read:
  875         494.002 Statutory or common-law remedies.—Sections Nothing
  876  in ss. 494.001-494.0077 do not limit limits any statutory or
  877  common-law right of any person to bring any action in any court
  878  for any act involved in the mortgage loan business or the right
  879  of the state to punish any person for any violation of any law.
  880         Section 11. Section 494.0023, Florida Statutes, is amended
  881  to read:
  882         494.0023 Conflicting interest.—
  883         (1) If, in a mortgage transaction, a licensee has a
  884  conflicting interest as specified in subsection (2), the
  885  licensee shall, at a minimum, provide the following disclosures
  886  to the borrower in writing:
  887         (a) The nature of the relationship, ownership, or financial
  888  interest between the provider of products or services, or
  889  business incident thereto, and the licensee making the referral;
  890  The type of conflicting interest shall be fully and fairly
  891  disclosed.
  892         (b) An estimated charge or range of charges generally made
  893  by such a provider; The licensee shall inform the borrower in
  894  writing
  895         (c) That a financial benefit may be received by the
  896  licensee as a result of the conflicting interest; and.
  897         (d)(c)The borrower shall be informed That alternative
  898  sources may be chosen by the borrower to provide the any
  899  required products or services. The following language must be
  900  contained in 12-point type in any agreement between a mortgage
  901  broker, mortgage lender, or correspondent mortgage lender and a
  902  borrower in substantially this form:
  903  
  904  You are not required to purchase additional products or services
  905  from any person or entity suggested or recommended by
  906  (Broker/Lender/Correspondent Lender). However, the
  907  (Broker/Lender/Correspondent Lender) hereby reserves the right
  908  to approve the entity selected by the borrower, which approval
  909  may not be unreasonably withheld.
  910         (2) A licensee has a conflicting interest if:
  911         (a) The licensee or the licensee’s relative provides the
  912  borrower with additional products or services;
  913         (b) The licensee or licensee’s relative, either directly or
  914  indirectly, owns, controls, or holds with power to vote, or
  915  holds proxies representing, 1 10 percent or more of any class of
  916  equity securities or other beneficial interest in the such
  917  person providing the additional products or services;
  918         (c) The person providing the additional products or
  919  services, either directly or indirectly, owns, controls, or
  920  holds the power to vote, or holds proxies representing, 1 10
  921  percent or more of any class of equity securities or other
  922  beneficial interest in the licensee;
  923         (d) A holding company, either directly or indirectly, owns,
  924  controls, or holds with power to vote, or holds proxies
  925  representing, 1 10 percent or more of any class of equity
  926  securities or other beneficial interest in both the licensee and
  927  the person providing the additional products or services;
  928         (e) One or more persons, or such person’s relative, sits as
  929  an officer or director, or performs similar functions as an
  930  officer or director, for both the licensee and the person
  931  providing the additional products or services; or
  932         (f) The licensee or the licensee’s relative sits as an
  933  officer or director, or performs similar functions as an officer
  934  or director, of the person providing the additional products or
  935  services.
  936         (3)The commission may adopt rules to administer the
  937  disclosure requirements of this section. The rules must consider
  938  the disclosure requirements of the federal Real Estate
  939  Settlement Procedures Act, 12 U.S.C. ss. 2601 et seq.; the
  940  federal Truth in Lending Act, 15 U.S.C. et seq.; and related
  941  federal regulations.
  942         (3)As used in this section, the term “relative” of any
  943  natural person means any of the following persons, whether by
  944  the full or half blood or by adoption:
  945         (a)Such persons spouse, father, mother, children,
  946  brothers, and sisters.
  947         (b)The father, mother, brothers, and sisters of such
  948  persons spouse.
  949         (c)The spouses of children, brothers, or sisters of such
  950  person.
  951         Section 12. Section 494.0025, Florida Statutes, is amended
  952  to read:
  953         494.0025 Prohibited practices.—It is unlawful for any
  954  person:
  955         (1)To act as a mortgage lender in this state without a
  956  current, active license issued by the office pursuant to ss.
  957  494.006-494.0077.
  958         (1)(2) To act as a loan originator correspondent mortgage
  959  lender in this state without a current, active license issued by
  960  the office pursuant to part II of this chapter ss. 494.006
  961  494.0077.
  962         (2)(3) To act as a mortgage broker in this state without a
  963  current, active license issued by the office pursuant to part II
  964  of this chapter ss. 494.003-494.0043.
  965         (3)To act as a mortgage lender in this state without a
  966  current, active license issued by the office pursuant to part
  967  III of this chapter.
  968         (4) In any practice or transaction or course of business
  969  relating to the sale, purchase, negotiation, promotion,
  970  advertisement, or hypothecation of mortgage loan transactions,
  971  directly or indirectly:
  972         (a) To knowingly or willingly employ any device, scheme, or
  973  artifice to defraud;
  974         (b) To engage in any transaction, practice, or course of
  975  business which operates as a fraud upon any person in connection
  976  with the purchase or sale of any mortgage loan; or
  977         (c) To obtain property by fraud, willful misrepresentation
  978  of a future act, or false promise.
  979         (5) In any matter within the jurisdiction of the office, to
  980  knowingly and willfully falsify, conceal, or cover up by a
  981  trick, scheme, or device a material fact, make any false or
  982  fraudulent statement or representation, or make or use any false
  983  writing or document, knowing the same to contain any false or
  984  fraudulent statement or entry.
  985         (6) To violate s. 655.922(2), subject to ss. 494.001
  986  494.0077.
  987         (7)Who is required to be licensed under ss. 494.006
  988  494.0077, to fail to report to the office the failure to meet
  989  the net worth requirements of s. 494.0061, s. 494.0062, or s.
  990  494.0065 within 48 hours after the person’s knowledge of such
  991  failure or within 48 hours after the person should have known of
  992  such failure.
  993         (7)(8) To pay a fee or commission in any mortgage loan
  994  transaction to any person or entity other than a licensed
  995  mortgage broker brokerage business, mortgage lender, or
  996  correspondent mortgage lender, operating under an active
  997  license, or a person exempt from licensure under this chapter.
  998         (8)(9) To record a mortgage broker brokerage agreement or
  999  any other document, not rendered by a court of competent
 1000  jurisdiction, which purports to enforce the terms of the
 1001  mortgage brokerage agreement.
 1002         (9)(10) To use the name or logo of a financial institution,
 1003  as defined in s. 655.005(1), or its affiliates or subsidiaries
 1004  when marketing or soliciting existing or prospective customers
 1005  if such marketing materials are used without the written consent
 1006  of the financial institution and in a manner that would lead a
 1007  reasonable person to believe that the material or solicitation
 1008  originated from, was endorsed by, or is related to or the
 1009  responsibility of the financial institution or its affiliates or
 1010  subsidiaries.
 1011         (10)Subject to investigation or examination under this
 1012  chapter, to knowingly alter, withhold, conceal, or destroy any
 1013  books, records, computer records, or other information relating
 1014  to a person’s activities which subject the person to the
 1015  jurisdiction of this chapter.
 1016         Section 13. Section 494.00255, Florida Statutes, is created
 1017  to read:
 1018         494.00255Administrative penalties and fines; license
 1019  violations.—
 1020         (1)Each of the following acts constitutes a ground for
 1021  which the disciplinary actions specified in subsection (2) may
 1022  be taken against a person licensed or required to be licensed
 1023  under part II or part III of chapter:
 1024         (a)Failure to immediately place upon receipt, and maintain
 1025  until authorized to disburse, any money entrusted to the
 1026  licensee as a licensee in a segregated account of a federally
 1027  insured financial institution in this state.
 1028         (b)Failure to account or deliver to any person any
 1029  property that is not the licensees, or that the licensee is not
 1030  entitled to retain, under the circumstances and at the time that
 1031  has been agreed upon or as required by law or, in the absence of
 1032  a fixed time, upon demand of the person entitled to such
 1033  accounting and delivery.
 1034         (c)Failure to disburse funds in accordance with
 1035  agreements.
 1036         (d)Any misuse, misapplication, or misappropriation of
 1037  personal property entrusted to the licensees care to which the
 1038  licensee had no current property right at the time of
 1039  entrustment.
 1040         (e)Fraud, misrepresentation, deceit, negligence, or
 1041  incompetence in any mortgage financing transaction.
 1042         (f)Requesting a specific valuation, orally or in writing,
 1043  from an appraiser for a particular property, implying to an
 1044  appraiser that a specific valuation is needed for a particular
 1045  property, or in any manner conditioning the order for an
 1046  appraisal on the appraisal meeting a specific valuation. The
 1047  numeric value of the specific valuation sought need not be
 1048  stated, but rather the mere statement that a specific valuation
 1049  is sought, violates this section.
 1050         (g)Consistently and materially underestimating maximum
 1051  closing costs.
 1052         (h)Disbursement, or an act which has caused or will cause
 1053  disbursement, to any person in any amount from the Mortgage
 1054  Guaranty Trust Fund, the Securities Guaranty Fund, or the
 1055  Florida Real Estate Recovery Fund, regardless of any repayment
 1056  or restitution to the disbursed fund by the licensee or any
 1057  person acting on behalf of the licensee.
 1058         (i)Commission of fraud, misrepresentation, concealment, or
 1059  dishonest dealing by trick, scheme, or device; culpable
 1060  negligence; breach of trust in any business transaction in any
 1061  state, nation, or territory; or aiding, assisting, or conspiring
 1062  with any other person engaged in any such misconduct and in
 1063  furtherance thereof.
 1064         (j)Being convicted of, or entering a plea of guilty or
 1065  nolo contendere to, regardless of adjudication, any felony or
 1066  any crime involving fraud, dishonesty, breach of trust, money
 1067  laundering, or act of moral turpitude.
 1068         (k)Having a final judgment entered against the licensee in
 1069  a civil action upon grounds of fraud, embezzlement,
 1070  misrepresentation, or deceit.
 1071         (l)Having been the subject of any:
 1072         1.Decision, finding, injunction, suspension, prohibition,
 1073  revocation, denial, judgment, or administrative order by any
 1074  court, administrative law judge, state or federal agency,
 1075  national securities exchange, national commodities exchange,
 1076  national option exchange, national securities association,
 1077  national commodities association, or national option association
 1078  involving a violation of any federal or state securities or
 1079  commodities law or rule or regulation adopted under such law or
 1080  involving a violation of any rule or regulation of any national
 1081  securities, commodities, or options exchange or association.
 1082         2.Injunction or adverse administrative order by a state or
 1083  federal agency regulating banking, insurance, finance or small
 1084  loan companies, real estate, mortgage brokers or lenders, money
 1085  transmitters, or other related or similar industries.
 1086         (m)In any mortgage transaction, violating any provision of
 1087  the federal Real Estate Settlement Procedure Act, as amended, 12
 1088  U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
 1089  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
 1090  under such acts.
 1091         (n)Having a loan originator, mortgage broker, or mortgage
 1092  lender license, or the equivalent thereof, revoked in any
 1093  jurisdiction.
 1094         (o)Having a license, or the equivalent, to practice any
 1095  profession or occupation revoked, suspended, or otherwise acted
 1096  against, including the denial of licensure by a licensing
 1097  authority of this state or another state, territory, or country.
 1098         (p)Acting as a loan originator, mortgage broker, or
 1099  mortgage lender without a current license issued under part II
 1100  or part III of this chapter.
 1101         (q)Operating a mortgage broker or mortgage lender branch
 1102  office without a current license issued under part II or part
 1103  III of this chapter.
 1104         (r)Conducting any brokering or lending activities in the
 1105  absence of a properly designated principal loan originator or
 1106  brokering or lending activities at any particular branch office
 1107  without a properly designated branch manager.
 1108         (s)A material misstatement or omission of fact on an
 1109  initial or renewal license application.
 1110         (t)Payment to the office for a license or permit with a
 1111  check or electronic transmission of funds which is dishonored by
 1112  the applicants or licensees financial institution.
 1113         (u)Failure to comply with, or violations of, any provision
 1114  of ss. 494.001-494.0077, or any rule or order made or issued
 1115  under ss. 494.001-494.0077.
 1116         (v)Failure to maintain, preserve, and keep available for
 1117  examination all books, accounts, or other documents required by
 1118  ss. 494.001-494.0077 and the rules of the commission.
 1119         (w)Refusal to permit an investigation or examination of
 1120  books and records, or refusal to comply with an office subpoena
 1121  or subpoena duces tecum.
 1122         (x)Failure to timely pay any fee, charge, or fine imposed
 1123  or assessed pursuant to ss. 494.001-494.0077 or related rules.
 1124         (2)If the office finds a person in violation of any act
 1125  specified in this section, it may enter an order imposing one or
 1126  more of the following penalties:
 1127         (a)Issuance of a reprimand.
 1128         (b)Suspension of a license or registration, subject to
 1129  reinstatement upon satisfying all reasonable conditions imposed
 1130  by the office.
 1131         (c)Revocation of a license or registration.
 1132         (d)Denial of a license or registration.
 1133         (e)Imposition of a fine in an amount up to $25,000 for
 1134  each count or separate offense.
 1135         (f)An administrative fine of up to $1,000 per day, but not
 1136  to exceed $25,000 cumulatively, for each day that
 1137         1.A mortgage broker or mortgage lender conducts business
 1138  at an unlicensed branch office.
 1139         2.An unlicensed person acts as a loan originator, a
 1140  mortgage broker, or a mortgage lender.
 1141         (3)A mortgage broker or mortgage lender, as applicable, is
 1142  subject to the disciplinary actions specified in subsection (2)
 1143  for a violation of subsection (1) by:
 1144         (a)A control person of the mortgage broker or mortgage
 1145  lender;
 1146         (b)A loan originator employed by or contracting with the
 1147  mortgage broker; or
 1148         (c)An associate of the mortgage lender.
 1149         (4)A principal loan originator of a mortgage broker is
 1150  subject to the disciplinary actions specified in subsection (2)
 1151  for violations of subsection (1) by a loan originator in the
 1152  course of an association with the mortgage broker if there is a
 1153  pattern of repeated violations by the loan originator or if the
 1154  principal loan originator has knowledge of the violations.
 1155         (5)A principal loan originator of a mortgage lender is
 1156  subject to the disciplinary actions specified in subsection (2)
 1157  for violations of subsection (1) by an associate of a mortgage
 1158  lender if there is a pattern of repeated violations by the
 1159  associate or if the principal loan originator has knowledge of
 1160  the violations.
 1161         (6)A branch manager is subject to the disciplinary actions
 1162  specified in subsection (2) for violations of subsection (1) by
 1163  a loan originator in the course of an association with the
 1164  mortgage broker if there is a pattern of repeated violations by
 1165  the loan originator or if the branch manager has knowledge of
 1166  the violations.
 1167         (7)A natural person who is associated with a mortgage
 1168  broker is subject to the disciplinary actions specified in
 1169  subsection(2) for a violation of subsection (1) with respect to
 1170  an action in which such person was involved.
 1171         (8)Pursuant to s. 120.60(6), the office may summarily
 1172  suspend the license of a loan originator, mortgage broker, or
 1173  mortgage lender if the office has reason to believe that a
 1174  licensee poses an immediate, serious danger to the public’s
 1175  health, safety, or welfare. The arrest of the licensee, or the
 1176  mortgage broker or the mortgage lender’s control person, for any
 1177  felony or any crime involving fraud, dishonesty, breach of
 1178  trust, money laundering, or any other act of moral turpitude is
 1179  deemed sufficient to constitute an immediate danger to the
 1180  public’s health, safety, or welfare. Any proceeding for the
 1181  summary suspension of a license must be conducted by the
 1182  commissioner of the office, or designee, who shall issue the
 1183  final summary order.
 1184         (9)The office may deny any request to terminate or
 1185  withdraw any license application or license if the office
 1186  believes that an act that would be a ground for license denial,
 1187  suspension, restriction, or revocation under this chapter has
 1188  been committed.
 1189         Section 14. Section 494.0028, Florida Statutes, is amended
 1190  to read:
 1191         494.0028 Arbitration.—
 1192         (1) This section applies to any mortgage broker brokerage
 1193  agreement, servicing agreement, loan application, or purchase
 1194  agreement that which provides for arbitration between:
 1195         (a) A noninstitutional investor and a mortgage lender
 1196  servicing or correspondent mortgage lender to service a mortgage
 1197  loan.
 1198         (b) A borrower and a mortgage broker brokerage business,
 1199  mortgage lender, or correspondent mortgage lender to obtain a
 1200  mortgage loan.
 1201         (c) A noninstitutional investor and a mortgage broker
 1202  brokerage business, mortgage lender, or correspondent mortgage
 1203  lender to fund or purchase a mortgage loan.
 1204         (2) All agreements subject to this section must shall
 1205  provide that, at the voluntary election of the noninstitutional
 1206  investor or borrower, disputes shall be handled by either a
 1207  court of competent jurisdiction or by binding arbitration.
 1208         (3) All agreements subject to this section must shall
 1209  provide the noninstitutional investor or borrower with the
 1210  option to elect arbitration before the American Arbitration
 1211  Association or other independent nonindustry arbitration forum.
 1212  Any other nonindustry arbitration forum may apply to the office
 1213  to allow such forum to provide arbitration services. The office
 1214  shall grant the application if the applicant’s fees, practices,
 1215  and procedures do not materially differ from those of the
 1216  American Arbitration Association.
 1217         (4) At the election of the noninstitutional investor or
 1218  borrower, venue shall be in the county in which the
 1219  noninstitutional investor or borrower entered into the agreement
 1220  or at a business location of the mortgage broker or brokerage
 1221  business, mortgage lender, or correspondent lender.
 1222         (5) Any fees or charges must be in accordance with shall be
 1223  made as provided in the rules of the American Arbitration
 1224  Association or other approved nonindustry arbitration forum and
 1225  may shall not be set in the agreement.
 1226         (6) Any election made under this section is shall be
 1227  irrevocable.
 1228         (7) This section does shall not be construed to require an
 1229  agreement that which is subject to this section to contain an
 1230  arbitration clause.
 1231         Section 15. Effective October 1, 2010, sections 494.0029
 1232  and 494.00295, Florida Statutes, are repealed.
 1233         Section 16. Section 494.00296, Florida Statutes, is created
 1234  to read:
 1235         494.00296Loan modification.—
 1236         (1)PROHIBITED ACTS.—When offering or providing loan
 1237  modifications services, a loan originator, mortgage broker, or
 1238  mortgage lender may not:
 1239         (a)Engage in or initiate loan modification services
 1240  without first executing a written agreement for loan
 1241  modification services with the borrower;
 1242         (b)Execute a loan modification without the consent of the
 1243  borrower after the borrower is made aware of each modified term;
 1244  or
 1245         (c)Solicit, charge, receive, or attempt to collect or
 1246  secure payment, directly or indirectly, for loan modification
 1247  services before completing or performing all services included
 1248  in the agreement for loan modification services. A fee may be
 1249  charged only if the loan modification results in a material
 1250  benefit to the borrower. The commission may adopt rules to
 1251  provide guidance on what constitutes a material benefit to the
 1252  borrower
 1253         (2)LOAN MODIFICATION AGREEMENT.—
 1254         (a)The written agreement for loan modification services
 1255  must be printed in at least 12-point uppercase type and signed
 1256  by both parties. The agreement must include the name and address
 1257  of the person providing loan modification services, the exact
 1258  nature and specific detail of each service to be provided, the
 1259  total amount and terms of charges to be paid by the borrower for
 1260  the services, and the date of the agreement. The date of the
 1261  agreement may not be earlier than the date the borrower signed
 1262  the agreement. The mortgage broker or mortgage lender must give
 1263  the borrower a copy of the agreement to review at least 1
 1264  business day before the borrower is to sign the agreement.
 1265         (b) The borrower has the right to cancel the written
 1266  agreement without any penalty or obligation if the borrower
 1267  cancels the agreement within 3 business days after signing the
 1268  agreement. The right to cancel may not be waived by the borrower
 1269  or limited in any manner by the loan originator, mortgage
 1270  broker, or mortgage lender. If the borrower cancels the
 1271  agreement, any payments to the loan originator, mortgage broker,
 1272  or mortgage lender must be returned to the homeowner within 10
 1273  business days after receipt of the notice of cancellation.
 1274         (c)An agreement for loan modification services must
 1275  contain, immediately above the signature line, a statement in at
 1276  least 12-point uppercase type which substantially complies with
 1277  the following:
 1278                  BORROWERS RIGHT OF CANCELLATION                 
 1279  
 1280         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
 1281         SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3
 1282         BUSINESS DAYS AFER THE DATE THIS AGREEMENT IS SIGNED
 1283         BY YOU.
 1284         THE LOAN ORIGNATOR, MORTGAGE BROKER, OR MORTGAGE
 1285         LENDER IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY,
 1286         PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL
 1287         PROMISED SERVICES HAVE BEEN COMPLETED. IF FOR ANY
 1288         REASON YOU HAVE PAID THE CONSULTANT BEFORE
 1289         CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU
 1290         WITHIN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES
 1291         YOUR CANCELLATION NOTICE.
 1292         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1293         STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD
 1294         BE MAILED (POSTMARKED) OR DELIVERED TO ...(NAME)... AT
 1295         ...(ADDRESS)... NO LATER THAN MIDNIGHT OF
 1296         ...(DATE)....
 1297         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR
 1298         MORTAGE LENDER OR MORTGAGE SERVICER BEFORE SIGNING
 1299         THIS AGREEMENT. YOUR LENDER OR SERVICER MAY BE WILLING
 1300         TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH
 1301         YOU FREE OF CHARGE.
 1302  
 1303         (d)The inclusion of the statement does not prohibit a loan
 1304  originator, mortgage broker, or mortgage lender from giving the
 1305  homeowner more time to cancel the agreement than is set forth in
 1306  the statement if all other requirements of this subsection are
 1307  met.
 1308         (e)The person offering or providing the loan modification
 1309  services must give the borrower a copy of the signed agreement
 1310  within 3 hours after the borrower signs the agreement.
 1311         (3)REMEDIES.—
 1312         (a)Without regard to any other remedy or relief to which a
 1313  person is entitled, anyone aggrieved by a violation of this
 1314  section may bring an action to obtain a declaratory judgment
 1315  that an act or practice violates this section and to enjoin a
 1316  person who has violated, is violating, or is otherwise likely to
 1317  violate this section.
 1318         (b)In any action brought by a person who has suffered a
 1319  loss as a result of a violation of this section, such person may
 1320  recover actual damages, plus attorney’s fees and court costs, as
 1321  follows:
 1322         1.In any action brought under this section, upon motion of
 1323  the party against whom such action is filed alleging that the
 1324  action is frivolous, without legal or factual merit, or brought
 1325  for the purpose of harassment, the court may, after hearing
 1326  evidence as to the necessity therefore, require the party
 1327  instituting the action to post a bond in the amount that the
 1328  court finds reasonable to indemnify the defendant for any
 1329  damages incurred, including reasonable attorney’s fees.
 1330         2.In any civil litigation resulting from an act or
 1331  practice involving a violation of this section, the prevailing
 1332  party, after judgment in the trial court and exhaustion of all
 1333  appeals, if any, may receive reasonable attorney’s fees and
 1334  costs from the nonprevailing party.
 1335         3.The attorney for the prevailing party shall submit a
 1336  sworn affidavit of time spent on the case and costs incurred for
 1337  all the motions, hearings, and appeals to the trial judge who
 1338  presided over the civil case.
 1339         4.The trial judge may award the prevailing party the sum
 1340  of reasonable costs incurred in the action plus a reasonable
 1341  legal fee for the hours actually spent on the case as sworn to
 1342  in an affidavit.
 1343         5.Any award of attorney’s fees or costs become part of the
 1344  judgment and subject to execution as the law allows.
 1345         (c)The provisions of this subsection do not apply to any
 1346  action initiated by the enforcing authority.
 1347         Section 17. The Division of Statutory Revision is requested
 1348  to rename part II of chapter 494, Florida Statutes, consisting
 1349  of ss. 494.003-491.0043, Florida Statutes, as “Loan Originators
 1350  and Mortgage Brokers.”
 1351         Section 18. Section 494.003, Florida Statutes, is amended
 1352  to read:
 1353         494.003 Exemptions.—
 1354         (1) None of The following persons are not is subject to the
 1355  requirements of this part ss. 494.003-494.0043:
 1356         (a) Any person operating exclusively as a registered loan
 1357  originator in accordance with the S.A.F.E. Mortgage Licensing
 1358  Act of 2008 licensed under ss. 494.006-494.0077, except as
 1359  provided in s. 494.0073.
 1360         (b) A depository institution; subsidiaries that are owned
 1361  and controlled by a depository institution and regulated by the
 1362  Board of Governors of the Federal Reserve System, the
 1363  Comptroller of the Currency, the Director of the Office of
 1364  Thrift Supervision, the National Credit Union Administration, or
 1365  the Federal Deposit Insurance Corporation; or institutions
 1366  regulated by the Farm Credit Administration state or federal
 1367  chartered bank, trust company, savings and loan association,
 1368  savings bank or credit union, bank holding company regulated
 1369  under the laws of any state or the United States, or consumer
 1370  finance company licensed pursuant to chapter 516.
 1371         (c)A wholly owned bank holding company subsidiary or a
 1372  wholly owned savings and loan association holding company
 1373  subsidiary formed and regulated under the laws of any state or
 1374  the United States that is approved or certified by the
 1375  Department of Housing and Urban Development, the Veterans
 1376  Administration, the Government National Mortgage Association,
 1377  the Federal National Mortgage Association, or the Federal Home
 1378  Loan Mortgage Corporation.
 1379         (c)(d) The Federal National Mortgage Association;, the
 1380  Federal Home Loan Mortgage Corporation; any agency of the
 1381  Federal Government; any state, county, or municipal government;
 1382  or any quasi-governmental agency that acts in such capacity
 1383  under the specific authority of the laws of any state or the
 1384  United States.
 1385         (d)A licensed attorney who negotiates the terms of a
 1386  mortgage loan on behalf of a client as an ancillary matter to
 1387  the attorney’s representation of the client, unless the attorney
 1388  is compensated by a mortgage lender, a mortgage broker, or a
 1389  loan originator or by the agent of such lender, broker, or
 1390  originator.
 1391         (e)Any person licensed to practice law in this state, not
 1392  actively and principally engaged in the business of negotiating
 1393  loans secured by real property, when such person renders
 1394  services in the course of her or his practice as an attorney at
 1395  law.
 1396         (2)None of the following persons is required to be
 1397  licensed under ss. 494.003-494.0043:
 1398         (a)An insurance company duly licensed in this state when
 1399  dealing with its clients in the normal course of its insurance
 1400  business.
 1401         (b)A federally licensed small business investment company.
 1402         (c)A securities dealer registered under the provisions of
 1403  s. 517.12, when dealing with its corporate or individual clients
 1404  in the normal course of its securities business.
 1405         (d)Any person acting in a fiduciary capacity conferred by
 1406  authority of any court.
 1407         (e)A wholly owned subsidiary of a state or federal
 1408  chartered bank or savings and loan association the sole activity
 1409  of which is to distribute the lending programs of such state or
 1410  federal chartered bank or savings and loan association to
 1411  persons who arrange loans for, or make loans to, borrowers.
 1412         (2)(3) It is not necessary to negate any of the exemptions
 1413  provided in this section in any complaint, information,
 1414  indictment, or other writ or proceeding brought under ss.
 1415  494.001-494.0077. The burden of establishing the right to an any
 1416  such exemption is upon the party claiming the benefit of the
 1417  exemption.
 1418         Section 19. Effective October 1, 2010, section 494.0031,
 1419  Florida Statutes, is repealed.
 1420         Section 20. Effective October 1, 2010, section 494.00312,
 1421  Florida Statutes, is created to read:
 1422         494.00312Loan originator license.—
 1423         (1)An individual who acts as a loan originator must be
 1424  licensed under this section.
 1425         (2)In order to apply for loan originator license, an
 1426  applicant must:
 1427         (a)Be at least 18 years of age and have a high school
 1428  diploma or its equivalent.
 1429         (b)Complete a 20-hour prelicensing class approved by the
 1430  registry.
 1431         (c)Pass a written test developed by the registry and
 1432  administered by a provider approved by the registry.
 1433         (d)Submit a completed license application form as
 1434  prescribed by commission rule.
 1435         (e)Submit a nonrefundable application fee of $195, and the
 1436  $20 nonrefundable fee if required by s. 494.00172. Application
 1437  fees may not be prorated for partial years of licensure.
 1438         (f)Submit fingerprints in accordance with rules adopted by
 1439  the commission:
 1440         1.The fingerprints may be submitted to the registry, the
 1441  office, or a vendor acting on behalf of the registry or the
 1442  office.
 1443         2.The office may contract with a third-party vendor to
 1444  provide live-scan fingerprinting in lieu of a paper fingerprint
 1445  card.
 1446         3.A state criminal history background check must be
 1447  conducted through the Department of Law Enforcement and a
 1448  federal criminal history background check must be conducted
 1449  through the Federal Bureau of Investigation.
 1450         4.All fingerprints submitted to the Department of Law
 1451  Enforcement must be submitted electronically and entered into
 1452  the statewide automated fingerprint identification system
 1453  established in s. 943.05(2)(b) and available for use in
 1454  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1455  annual fee to the department to participate in the system and
 1456  inform the department of any person whose fingerprints are no
 1457  longer required to be retained.
 1458         5.The costs of fingerprint processing, including the cost
 1459  of retaining the fingerprints, shall be borne by the person
 1460  subject to the background check.
 1461         6.The office is responsible for reviewing the results of
 1462  the state and federal criminal history checks and determining
 1463  whether the applicant meets licensure requirements.
 1464         (g)Authorize the registry to obtain an independent credit
 1465  report on the applicant from a consumer reporting agency, and
 1466  transmit or provide access to the report to the office. The cost
 1467  of the credit report shall be borne by the applicant.
 1468         (h)Submit additional information or documentation
 1469  requested by the office and required by rule concerning the
 1470  applicant. Additional information may include documentation of
 1471  pending and prior disciplinary and criminal history events,
 1472  including arrest reports and certified copies of charging
 1473  documents, plea agreements, judgments and sentencing documents,
 1474  documents relating to pretrial intervention, orders terminating
 1475  probation or supervised release, final administrative agency
 1476  orders, or other comparable documents that may provide the
 1477  office with the appropriate information to determine eligibility
 1478  for licensure.
 1479         (i)Submit any other information required by the registry
 1480  for the processing of the application.
 1481         (3)An application is considered received for the purposes
 1482  of s. 120.60 upon the office’s receipt of all documentation from
 1483  the registry, including the completed application form,
 1484  documentation of completion of the prelicensure class, test
 1485  results, criminal history information, and independent credit
 1486  report, as well as the license application fee, the fee required
 1487  by s. 494.00172, and all applicable fingerprinting processing
 1488  fees.
 1489         (4)The office shall issue a loan originator license to
 1490  each person who is not otherwise ineligible and who meets the
 1491  requirements of this section. However, it is a ground for denial
 1492  of licensure if the applicant:
 1493         (a)Has committed any violation specified in ss. 494.001
 1494  494.0077, or is the subject of a pending felony criminal
 1495  prosecution or a prosecution or an administrative enforcement
 1496  action, in any jurisdiction, which involves fraud, dishonesty,
 1497  breach of trust, money laundering, or any other act of moral
 1498  turpitude.
 1499         (b)Demonstrates a lack of financial responsibility,
 1500  character, and general fitness which would fail to command the
 1501  confidence of the community and to warrant a determination that
 1502  the loan originator will operate honestly, fairly, and
 1503  efficiently.
 1504         1.For purposes of this paragraph, a person has shown that
 1505  he or she is not financially responsible if he or she has shown
 1506  a disregard in the management of his or her own financial
 1507  condition, which may include, but is not limited to:
 1508         a.Current outstanding judgments, except judgments
 1509  resulting solely from medical expenses;
 1510         b.Current outstanding tax liens or other government liens
 1511  and filings;
 1512         c.Foreclosures within the past 3 years; or
 1513         d.A pattern of seriously delinquent accounts within the
 1514  past 7 years.
 1515         2.If an applicants credit report would serve, in whole or
 1516  in part, as the basis for denial of a license, before denying
 1517  the license, the office must notify the applicant in writing of
 1518  the specific items of concern found in the credit report. The
 1519  applicant shall be provided an opportunity to submit any
 1520  mitigating information with regard to the items identified by
 1521  the office. The use of the terms “poor credit history,” “poor
 1522  credit rating,” or similar language do not meet the requirements
 1523  of this subsection. The office may not use an applicants credit
 1524  score as a basis for denying licensure.
 1525         (5)The office may not issue a license to an applicant who
 1526  has had a loan originator license or its equivalent revoked in
 1527  any jurisdiction.
 1528         (6)A loan originator license may be withdrawn pursuant to
 1529  s. 120.60 if it was issued through mistake or inadvertence of
 1530  the office. A license must be reinstated if the applicant
 1531  demonstrates that the requirements for obtaining the license
 1532  under this chapter have been satisfied.
 1533         (7)All loan originator licenses must be renewed annually
 1534  by December 31 pursuant to s. 494.00313. If a person holding a
 1535  loan originator license has not applied to renew the license on
 1536  or before December 31, the loan originator license expires on
 1537  December 31. If a person holding an active loan originator
 1538  license has applied to renew the license on or before December
 1539  31, the loan originator license remains active until the renewal
 1540  application is approved or denied. A loan originator is not
 1541  precluded from reapplying for licensure upon expiration of a
 1542  previous license.
 1543         Section 21. Effective October 1, 2010, section 494.00313,
 1544  Florida Statutes, is created to read:
 1545         494.00313Loan originator license renewal.—
 1546         (1)In order to renew a loan originator license, a loan
 1547  originator must:
 1548         (a)Submit a completed license renewal form as prescribed
 1549  by commission rule.
 1550         (b)Submit a nonrefundable renewal fee of $150, and the $20
 1551  nonrefundable fee if required by s. 494.00172.
 1552         (c)Provide documentation of completion of at least 8 hours
 1553  of continuing education in courses reviewed and approved by the
 1554  registry.
 1555         (d)Authorize the registry to obtain an independent credit
 1556  report on the applicant from a consumer reporting agency, and
 1557  transmit or provide access to the report to the office. The cost
 1558  of the credit report shall be borne by the applicant.
 1559         (e)Submit any additional information or documentation
 1560  requested by the office and required by rule concerning the
 1561  licensee. Additional information may include documentation of
 1562  pending and prior disciplinary and criminal history events,
 1563  including arrest reports and certified copies of charging
 1564  documents, plea agreements, judgments and sentencing documents,
 1565  documents relating to pretrial intervention, orders terminating
 1566  probation or supervised release, final administrative agency
 1567  orders, or other comparable documents that may provide the
 1568  office with the appropriate information to determine eligibility
 1569  for licensure.
 1570         (2)The office may not renew a loan originator license
 1571  unless the loan originator continues to meet the minimum
 1572  standards for initial license issuance pursuant to s. 494.00312
 1573  and adopted rule.
 1574         Section 22. Effective October 1, 2010, section 494.0032,
 1575  Florida Statutes, is repealed.
 1576         Section 23. Effective October 1, 2010, section 494.00321,
 1577  Florida Statutes, is created to read:
 1578         494.00321Mortgage broker license.—
 1579         (1)Each person who acts as a mortgage broker must be
 1580  licensed in accordance with this section.
 1581         (2)In order to apply for a mortgage broker license the
 1582  applicant must:
 1583         (a)Submit a completed license application form as
 1584  prescribed by commission rule.
 1585         (b)Designate a qualified principal loan originator on the
 1586  application form who meets the requirements of s. 494.0035.
 1587         (c)Submit a nonrefundable application fee of $425, and the
 1588  $100 nonrefundable fee if required by s. 494.00172. Application
 1589  fees may not be prorated for partial years of licensure.
 1590         (d)Submit fingerprints for each of the applicant’s control
 1591  persons in accordance with rules adopted by the commission:
 1592         1.The fingerprints may be submitted to the registry, the
 1593  office, or a vendor acting on behalf of the registry or the
 1594  office.
 1595         2.The office may contract with a third-party vendor to
 1596  provide live-scan fingerprinting in lieu of a paper fingerprint
 1597  card.
 1598         3.A state criminal history background check must be
 1599  conducted through the Department of Law Enforcement and a
 1600  federal criminal history background check must be conducted
 1601  through the Federal Bureau of Investigation.
 1602         4.All fingerprints submitted to the Department of Law
 1603  Enforcement must be submitted electronically and entered into
 1604  the statewide automated fingerprint identification system
 1605  established in s. 943.05(2)(b) and available for use in
 1606  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1607  annual fee to the department to participate in the system and
 1608  inform the department of any person whose fingerprints are no
 1609  longer required to be retained.
 1610         5.The costs of fingerprint processing, including the cost
 1611  of retaining the fingerprints, shall be borne by the person
 1612  subject to the background check.
 1613         6.The office is responsible for reviewing the results of
 1614  the state and federal criminal history checks and determining
 1615  whether the applicant meets licensure requirements.
 1616         (e)Authorize the registry to obtain an independent credit
 1617  report on each of the applicant’s control persons from a
 1618  consumer reporting agency, and transmit or provide access to the
 1619  report to the office. The cost of the credit report shall be
 1620  borne by the applicant.
 1621         (f)Submit additional information or documentation
 1622  requested by the office and required by rule concerning the
 1623  applicant or a control person of the applicant. Additional
 1624  information may include documentation of pending and prior
 1625  disciplinary and criminal history events, including arrest
 1626  reports and certified copies of charging documents, plea
 1627  agreements, judgments and sentencing documents, documents
 1628  relating to pretrial intervention, orders terminating probation
 1629  or supervised release, final administrative agency orders, or
 1630  other comparable documents that may provide the office with the
 1631  appropriate information to determine eligibility for licensure.
 1632         (g)Submit any other information required by the registry
 1633  for the processing of the application.
 1634         (3)An application is considered received for the purposes
 1635  of s. 120.60 upon the office’s receipt of all documentation from
 1636  the registry, including the completed application form, criminal
 1637  history information, and independent credit report, as well as
 1638  the licensed application fee, the fee required by s. 492.00172,
 1639  and all applicable fingerprinting processing fees.
 1640         (4)The office shall issue a mortgage broker license to
 1641  each person who is not otherwise ineligible and who meets the
 1642  requirements of this section. However, it is a ground for denial
 1643  of licensure if the applicant or one of the applicant’s control
 1644  persons:
 1645         (a)Has committed any violation specified in ss. 494.001
 1646  494.0077, or is the subject of a pending felony criminal
 1647  prosecution or a prosecution or an administrative enforcement
 1648  action, in any jurisdiction, which involves fraud, dishonesty,
 1649  breach of trust, money laundering, or any other act of moral
 1650  turpitude.
 1651         (b)Demonstrates a lack of financial responsibility,
 1652  character, and general fitness which would fail to command the
 1653  confidence of the community and to warrant a determination that
 1654  the loan originator will operate honestly, fairly, and
 1655  efficiently.
 1656         1.For purposes of this paragraph, a person has shown that
 1657  he or she is not financially responsible if he or she has shown
 1658  a disregard in the management of his or her own financial
 1659  condition, which may include, but is not limited to:
 1660         a.Current outstanding judgments, except judgments
 1661  resulting solely from medical expenses;
 1662         b.Current outstanding tax liens or other government liens
 1663  and filings;
 1664         c.Foreclosures within the past 3 years; or
 1665         d.A pattern of seriously delinquent accounts within the
 1666  past 7 years.
 1667         2.If an applicants credit report would serve, in whole or
 1668  in part, as the basis for denial of a license, before denying
 1669  the license, the office must notify the applicant in writing of
 1670  the specific items of concern found in the credit report. The
 1671  applicant shall be provided an opportunity to submit any
 1672  mitigating information with regard to the items identified by
 1673  the office. The use of the terms “poor credit history,” “poor
 1674  credit rating,” or similar language do not meet the requirements
 1675  of this subsection. The office may not use an applicants credit
 1676  score as a basis for denying licensure.
 1677         (5)The office shall deny a license if the applicant has
 1678  had a mortgage broker license, or its equivalent, revoked in any
 1679  jurisdiction, or any of the applicant’s control persons has had
 1680  a loan originator license, or its equivalent, revoked in any
 1681  jurisdiction.
 1682         (6)A mortgage broker license may be withdrawn pursuant to
 1683  s. 120.60 if it was issued through mistake or inadvertence of
 1684  the office. A license must be reinstated if the applicant
 1685  demonstrates that the requirements for obtaining the license
 1686  under this chapter have been satisfied.
 1687         (7)All mortgage broker licenses must be renewed annually
 1688  by December 31 pursuant to s. 494.00322. If a person holding an
 1689  active mortgage broker license has not applied to renew the
 1690  license annually on or before December 31, the mortgage broker
 1691  license expires on December 31. If a person holding an active
 1692  mortgage broker license has applied to renew the license on or
 1693  before December 31, the mortgage broker license remains active
 1694  until the renewal application is approved or denied. A mortgage
 1695  broker is not precluded from reapplying for licensure upon
 1696  expiration of a previous license.
 1697         Section 24. Effective October 1, 2010, section 494.00322,
 1698  Florida Statutes, is created to read:
 1699         494.00322Mortgage broker license renewal.—
 1700         (1) In order to renew a mortgage broker license, a mortgage
 1701  broker must:
 1702         (a)Submit a completed license renewal form as prescribed
 1703  by commission rule.
 1704         (b)Submit a nonrefundable renewal fee of $375, and the
 1705  $100 nonrefundable fee if required by s. 494.00172.
 1706         (c)Submit fingerprints in accordance with s.
 1707  494.00321(2)(d) for any new control persons who have not been
 1708  screened.
 1709         (d)Authorize the registry to obtain an independent credit
 1710  report on each of the applicant’s control persons from a
 1711  consumer reporting agency, and transmit or provide access to the
 1712  report to the office. The cost of the credit report shall be
 1713  borne by the applicant.
 1714         (e)Submit any additional information or documentation
 1715  requested by the office and required by rule concerning the
 1716  applicant or a control person of the applicant. Additional
 1717  information may include documentation of pending and prior
 1718  disciplinary and criminal history events, including arrest
 1719  reports and certified copies of charging documents, plea
 1720  agreements, judgments and sentencing documents, documents
 1721  relating to pretrial intervention, orders terminating probation
 1722  or supervised release, final administrative agency orders, or
 1723  other comparable documents that may provide the office with the
 1724  appropriate information to determine eligibility for licensure.
 1725         (2)The office may not renew a mortgage broker license
 1726  unless the licensee continues to meet the minimum requirements
 1727  for initial licensure pursuant to s. 494.00321 and adopted rule.
 1728         Section 25. Effective October 1, 2010, section 494.0033,
 1729  Florida Statutes, is repealed.
 1730         Section 26. Section 494.00331, Florida Statutes, is amended
 1731  to read:
 1732         494.00331 Loan originator employment Mortgage broker
 1733  association.—An individual may not act as a loan originator
 1734  unless he or she is an employee of, or an independent contractor
 1735  for, a mortgage broker or a mortgage lender, and may not be
 1736  employed by or contract with more than one mortgage broker or
 1737  mortgage lender, or either simultaneously. No person required to
 1738  be licensed as a mortgage broker under this chapter shall be
 1739  simultaneously an associate of more than one licensed mortgage
 1740  brokerage business, licensed mortgage lender, or licensed
 1741  correspondent mortgage lender.
 1742         Section 27. Effective October 1, 2010, section 494.0034,
 1743  Florida Statutes, is repealed.
 1744         Section 28. Section 494.0035, Florida Statutes, is amended
 1745  to read:
 1746         494.0035 Principal loan originator broker and branch
 1747  manager for mortgage broker requirements.—
 1748         (1) Each mortgage broker brokerage business must be
 1749  operated by a principal loan originator who shall have a
 1750  principal broker who shall operate the business under such
 1751  broker’s full charge, control, and supervision of the mortgage
 1752  broker business. The principal loan originator must have been
 1753  licensed as a loan originator broker must have been a licensed
 1754  mortgage broker pursuant to s. 494.0033 for at least 1 year
 1755  before prior to being designated as the a principal loan
 1756  originator broker, or must shall demonstrate to the satisfaction
 1757  of the office that he or she such principal broker has been
 1758  actively engaged in a mortgage broker-related mortgage-related
 1759  business for at least 1 year before prior to being designated as
 1760  a principal loan originator broker. Each mortgage broker must
 1761  keep the office informed of the person designated as the
 1762  principal loan originator as prescribed by commission rule
 1763  brokerage business shall maintain a form as prescribed by the
 1764  commission indicating the business’s designation of principal
 1765  broker and the individual’s acceptance of such responsibility.
 1766  If the designation is inaccurate, the business shall be deemed
 1767  to be operated under form is unavailable, inaccurate, or
 1768  incomplete, it is deemed that the business was operated in the
 1769  full charge, control, and supervision of by each officer,
 1770  director, or ultimate equitable owner of a 10-percent or greater
 1771  interest in the mortgage broker brokerage business, or any other
 1772  person in a similar capacity. A loan originator may not be a
 1773  principal loan originator for more than one mortgage broker at
 1774  any given time.
 1775         (2) Each branch office of a mortgage broker brokerage
 1776  business must be operated by a have a designated branch manager
 1777  broker who shall have operate the business under such broker’s
 1778  full charge, control, and supervision of the branch office. The
 1779  designated branch manager broker must be a licensed loan
 1780  originator mortgage broker pursuant to s. 494.00312 s. 494.0033.
 1781  Each branch office must keep the office informed of the person
 1782  designated as the branch manager as prescribed by commission
 1783  rule, which includes documentation of shall maintain a form as
 1784  prescribed by the commission logging the branch’s designation of
 1785  a branch broker and the individual’s acceptance of such
 1786  responsibility. If the designation is inaccurate, the branch
 1787  office shall be deemed to be operated under form is unavailable,
 1788  inaccurate, or incomplete, it is deemed that the branch was
 1789  operated in the full charge, control, and supervision of by each
 1790  officer, director, or ultimate equitable owner of a 10-percent
 1791  or greater interest in the mortgage broker brokerage business,
 1792  or any other person in a similar capacity.
 1793         Section 29. Section 494.0036, Florida Statutes, is amended
 1794  to read:
 1795         494.0036 Mortgage broker branch office license brokerage
 1796  business branch offices.—
 1797         (1) Each branch office of a mortgage broker must be
 1798  licensed under this section. A mortgage brokerage business
 1799  branch office license is required for each branch office
 1800  maintained by a mortgage brokerage business.
 1801         (2) The office shall issue a mortgage broker brokerage
 1802  business branch office license to a mortgage broker brokerage
 1803  business licensee after the office determines that the licensee
 1804  has submitted a completed application for a branch office in a
 1805  form as prescribed by commission rule and payment of an initial
 1806  nonrefundable branch office license fee of $225 per branch
 1807  office. Application fees may not be prorated for partial years
 1808  of licensure. The branch office license shall be issued in the
 1809  name of the mortgage broker brokerage business that maintains
 1810  the branch office. An application is considered received for
 1811  purposes of s. 120.60 upon receipt of a completed application
 1812  form as prescribed by commission rule, and the required fees a
 1813  nonrefundable application fee of $225, and any other fee
 1814  prescribed by law.
 1815         (3)A branch office license must be renewed annually at the
 1816  time of renewing the mortgage broker license under s. 494.00322.
 1817  A nonrefundable branch renewal fee of $225 per branch office
 1818  must be submitted at the time of renewal.
 1819         Section 30. Section 494.0038, Florida Statutes, is amended
 1820  to read:
 1821         494.0038 Loan origination and mortgage broker fees and
 1822  Mortgage broker disclosures.—
 1823         (1)(a)1. A loan origination fee may not be paid person may
 1824  not receive a mortgage brokerage fee except pursuant to a
 1825  written mortgage broker brokerage agreement between the mortgage
 1826  broker brokerage business and the borrower which is signed and
 1827  dated by the principal loan originator or branch manager, the
 1828  business and the borrower. The unique registry identifier of
 1829  each loan originator responsible for providing loan originator
 1830  services must be printed on the mortgage broker agreement.
 1831         (a)2. The written mortgage broker brokerage agreement must
 1832  describe the services to be provided by the mortgage broker
 1833  brokerage business and specify the amount and terms of the loan
 1834  origination mortgage brokerage fee that the mortgage broker
 1835  brokerage business is to receive.
 1836         1.Except for application and third-party fees, all fees
 1837  received by a mortgage broker from a borrower must be identified
 1838  as a loan origination fee.
 1839         2.All fees on the mortgage broker agreement must be
 1840  disclosed in dollar amounts.
 1841         3.All loan origination fees must be paid to a mortgage
 1842  broker.
 1843         (b) The written mortgage brokerage agreement must be
 1844  executed within 3 business days after a mortgage loan
 1845  application is accepted if the borrower is present when the
 1846  mortgage loan application is accepted. If the borrower is not
 1847  present when such an application is accepted, the licensee shall
 1848  forward the written mortgage brokerage agreement to the borrower
 1849  within 3 business days after the licensee’s acceptance of the
 1850  application and the licensee bears the burden of proving that
 1851  the borrower received and approved the written mortgage
 1852  brokerage agreement.
 1853         (2)(b)1. If the mortgage broker brokerage business is to
 1854  receive any payment of any kind from the mortgage lender, the
 1855  maximum total dollar amount of the payment must be disclosed to
 1856  the borrower in the written mortgage broker brokerage agreement
 1857  as described in paragraph (1)(a). The commission may prescribe
 1858  by rule an acceptable form for disclosure of brokerage fees
 1859  received from the lender. The mortgage brokerage agreement must
 1860  state the nature of the relationship with the lender, describe
 1861  how compensation is paid by the lender, and describe how the
 1862  mortgage interest rate affects the compensation paid to the
 1863  mortgage broker brokerage business.
 1864         (a)2. The exact amount of any payment of any kind by the
 1865  lender to the mortgage broker brokerage business must be
 1866  disclosed in writing to the borrower within 3 business days
 1867  after the mortgage broker brokerage business is made aware of
 1868  the exact amount of the payment from the lender but not less
 1869  than 3 business days before the execution of the closing or
 1870  settlement statement. The licensee bears the burden of proving
 1871  such notification was provided to the borrower. Notification is
 1872  waived if the exact amount of the payment is accurately
 1873  disclosed in the written mortgage broker agreement.
 1874         (b)(c) The commission may prescribe by rule the form of
 1875  disclosure of brokerage fees.
 1876         (3)(2) At the time a written mortgage broker brokerage
 1877  agreement is signed executed by the borrower or forwarded to the
 1878  borrower for signature execution, or at the time the mortgage
 1879  broker brokerage business accepts an application fee, credit
 1880  report fee, property appraisal fee, or any other third-party
 1881  fee, but at least not less than 3 business days before execution
 1882  of the closing or settlement statement, the mortgage broker
 1883  brokerage business shall disclose in writing to any applicant
 1884  for a mortgage loan the following information:
 1885         (a) That the such mortgage broker brokerage business may
 1886  not make mortgage loans or commitments. The mortgage broker
 1887  brokerage business may make a commitment and may furnish a lock
 1888  in of the rate and program on behalf of the lender if when the
 1889  mortgage broker brokerage business has obtained a written
 1890  commitment or lock-in for the loan from the lender on behalf of
 1891  the borrower for the loan. The commitment must be in the same
 1892  form and substance as issued by the lender.
 1893         (b) That the such mortgage broker brokerage business cannot
 1894  guarantee acceptance into any particular loan program or promise
 1895  any specific loan terms or conditions.
 1896         (c) A good faith estimate, signed and dated by the
 1897  borrower, which discloses the total amount of each of the fees
 1898  which the borrower may reasonably expect to pay if the loan is
 1899  closed, including, but not limited to, fees earned by the
 1900  mortgage broker brokerage business, lender fees, third-party
 1901  fees, and official fees, together with the terms and conditions
 1902  for obtaining a refund of such fees, if any. Any amount
 1903  collected in excess of the actual cost shall be returned within
 1904  60 days after rejection, withdrawal, or closing. The good faith
 1905  estimate must identify the recipient of all payments charged the
 1906  borrower and, except for all fees to be received by the mortgage
 1907  broker brokerage business, may be disclosed in generic terms,
 1908  such as, but not limited to, paid to lender, appraiser,
 1909  officials, title company, or any other third-party service
 1910  provider. This requirement does not supplant or is not a
 1911  substitute for the written mortgage broker brokerage agreement
 1912  described in subsection (1).
 1913         (4)(3) The disclosures required by this subsection must be
 1914  furnished in writing at the time an adjustable rate mortgage
 1915  loan is offered to the borrower and whenever the terms of the
 1916  adjustable rate mortgage loan offered materially change prior to
 1917  closing. The mortgage broker shall furnish the disclosures
 1918  relating to adjustable rate mortgages in a format prescribed by
 1919  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 1920  of the Federal Reserve System, as amended; its commentary, as
 1921  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 1922  1601 et seq., as amended; together with the Consumer Handbook on
 1923  Adjustable Rate Mortgages, as amended; published by the Federal
 1924  Reserve Board and the Federal Home Loan Bank Board. The licensee
 1925  bears the burden of proving such disclosures were provided to
 1926  the borrower.
 1927         (5)(4) If the mortgage broker brokerage agreement includes
 1928  a nonrefundable application fee, the following requirements are
 1929  applicable:
 1930         (a) The amount of the application fee, which must be
 1931  clearly denominated as such, must shall be clearly disclosed.
 1932         (b) The specific services that will be performed in
 1933  consideration for the application fee must shall be disclosed.
 1934         (c) The application fee must be reasonably related to the
 1935  services to be performed and may not be based upon a percentage
 1936  of the principal amount of the loan or the amount financed.
 1937         (6)(5) A mortgage broker brokerage business may not accept
 1938  any fee in connection with a mortgage loan other than an
 1939  application fee, credit report fee, property appraisal fee, or
 1940  other third-party fee prior to obtaining a written commitment
 1941  from a qualified lender.
 1942         (7)(6) Any third-party fee entrusted to a mortgage broker
 1943  must brokerage business shall immediately, upon receipt, be
 1944  placed into a segregated account with a financial institution
 1945  located in the state the accounts of which are insured by the
 1946  Federal Government. Such funds shall be held in trust for the
 1947  payor and shall be kept in the account until disbursement. Such
 1948  funds may be placed in one account if adequate accounting
 1949  measures are taken to identify the source of the funds.
 1950         (7)All mortgage brokerage fees shall be paid to a mortgage
 1951  brokerage business licensee.
 1952         (8)A mortgage broker may not pay a commission to any
 1953  person not licensed pursuant to this chapter.
 1954         (9)(8) This section does not prohibit a mortgage broker
 1955  brokerage business from offering products and services, in
 1956  addition to those offered in conjunction with the loan
 1957  origination process, for a fee or commission.
 1958         Section 31. Section 494.0039, Florida Statutes, is amended
 1959  to read:
 1960         494.0039 Principal place of business requirements.—Each
 1961  mortgage broker brokerage business licensee shall maintain and
 1962  transact business from a principal place of business.
 1963         Section 32. Section 494.004, Florida Statutes, is amended
 1964  to read:
 1965         494.004 Requirements of licensees.—
 1966         (1) Each licensee under this part ss. 494.003-494.0043
 1967  shall report to the office:,
 1968         (a) In writing, any conviction of, or plea of nolo
 1969  contendere to, regardless of adjudication, any felony or any
 1970  crime or administrative violation that involves fraud,
 1971  dishonesty, breach of trust, money laundering dishonest dealing,
 1972  or any other act of moral turpitude, in any jurisdiction, by the
 1973  licensee or any control natural person within named in s.
 1974  494.0031(2)(d), not later than 30 days after the date of
 1975  conviction, entry of a plea of nolo contendere, or final
 1976  administrative action.
 1977         (b)(2)Each licensee under ss. 494.003-494.0043 shall
 1978  report, In a form prescribed by rule of the commission, any
 1979  conviction of, or plea of nolo contendere to, regardless of
 1980  whether adjudication is withheld, any felony committed by the
 1981  licensee or any control natural person within named in s.
 1982  494.0031(2)(d), not later than 30 days after the date of
 1983  conviction or the date the plea of nolo contendere is entered.
 1984         (c)(3)Each licensee under ss. 494.003-494.0043 shall
 1985  report Any action in bankruptcy, voluntary or involuntary,
 1986  within 30 to the office not later than 7 business days after the
 1987  action is instituted.
 1988         (d)(4)Each licensee under ss. 494.003-494.0043 shall
 1989  report On a form prescribed by rule of the commission, any
 1990  change to the information contained in any initial application
 1991  form or any amendment to the application within not later than
 1992  30 days after the change is effective.
 1993         (5)A license issued under ss. 494.003-494.0043 is not
 1994  transferable or assignable.
 1995         (e)(6)Each licensee under ss. 494.003-494.0043 shall
 1996  report Any change in the principal loan originator broker, any
 1997  addition or subtraction of a control person partners, officers,
 1998  members, joint venturers, directors, control persons of any
 1999  licensee, or any individual who is the ultimate equitable owner
 2000  of a 10-percent or greater interest in the licensee, or any
 2001  change in the form of business organization, by written
 2002  amendment in the form and at the time the commission specifies
 2003  by rule.
 2004         (a)In any case in which a person or a group of persons,
 2005  directly or indirectly or acting by or through one or more
 2006  persons, proposes to purchase or acquire a controlling interest
 2007  in a licensee, such person or group shall submit an initial
 2008  application for licensure as a mortgage brokerage business
 2009  before such purchase or acquisition and at the time and in the
 2010  form the commission prescribes by rule.
 2011         (b)As used in this subsection, the term “controlling
 2012  interest” means possession of the power to direct or cause the
 2013  direction of the management or policies of a company whether
 2014  through ownership of securities, by contract, or otherwise. Any
 2015  person who directly or indirectly has the right to vote 25
 2016  percent or more of the voting securities of a company or is
 2017  entitled to 25 percent or more of the company’s profits is
 2018  presumed to possess a controlling interest.
 2019         (f)(c) Any addition of a partner, officer, member, joint
 2020  venturer, director, control person, or ultimate equitable owner
 2021  of the applicant who does not have a controlling interest and
 2022  who has not previously filed a Uniform Mortgage Biographical
 2023  Statement & Consent Form, MU2, or has not previously complied
 2024  with the fingerprinting and credit report requirements
 2025  provisions of ss. 494.00321 and 494.00322, s. 494.0031(2)(c) and
 2026  (d) is subject to the such provisions of these sections unless
 2027  required to file an initial application in accordance with
 2028  paragraph (a). If, after the addition of a control person, the
 2029  office finds that the licensee does not continue to meet
 2030  licensure requirements, the office may bring an administrative
 2031  action in accordance with s. 494.00255 s. 494.0041 to enforce
 2032  the provisions of this chapter.
 2033         (d)The commission shall adopt rules pursuant to ss.
 2034  120.536(1) and 120.54 providing for the waiver of the
 2035  application required by this subsection if the person or group
 2036  of persons proposing to purchase or acquire a controlling
 2037  interest in a licensee has previously complied with the
 2038  provisions of s. 494.0031(2)(c) and (d) with respect to the same
 2039  legal entity or is currently licensed by the office under this
 2040  chapter.
 2041         (7)On or before April 30, 2000, each mortgage brokerage
 2042  business shall file an initial report stating the name, social
 2043  security number, date of birth, mortgage broker license number,
 2044  date of hire and, if applicable, date of termination for each
 2045  person who was an associate of the mortgage brokerage business
 2046  during the immediate preceding quarter. Thereafter, A mortgage
 2047  brokerage business shall file a quarterly report only if a
 2048  person became an associate or ceased to be an associate of the
 2049  mortgage brokerage business during the immediate preceding
 2050  quarter. Such report shall be filed within 30 days after the
 2051  last day of each calendar quarter and shall contain the name,
 2052  social security number, date of birth, mortgage broker license
 2053  number, date of hire and, if applicable, the date of termination
 2054  of each person who became or ceased to be an associate of the
 2055  mortgage brokerage business during the immediate preceding
 2056  quarter. The commission shall prescribe, by rule, the procedures
 2057  for filing reports required by this subsection.
 2058         (2)(8)(a) In every mortgage loan transaction, each licensee
 2059  under this part must ss. 494.003-494.0043 shall notify a
 2060  borrower of any material changes in the terms of a mortgage loan
 2061  previously offered to the borrower within 3 business days after
 2062  being made aware of such changes by the mortgage lender but at
 2063  least not less than 3 business days before the signing of the
 2064  settlement or closing statement. The licensee bears the burden
 2065  of proving such notification was provided and accepted by the
 2066  borrower.
 2067         (b) A borrower may waive the right to receive notice of a
 2068  material change that is granted under paragraph (a) if the
 2069  borrower determines that the extension of credit is needed to
 2070  meet a bona fide personal financial emergency and the right to
 2071  receive notice would delay the closing of the mortgage loan. The
 2072  imminent sale of the borrower’s home at foreclosure during the
 2073  3-day period before the signing of the settlement or closing
 2074  statement is constitutes an example of a bona fide personal
 2075  financial emergency. In order to waive the borrower’s right to
 2076  receive notice not less than 3 business days before the signing
 2077  of the settlement or closing statement of any such material
 2078  change, the borrower must provide the licensee with a dated
 2079  written statement that describes the personal financial
 2080  emergency, waives the right to receive the notice, bears the
 2081  borrower’s signature, and is not on a printed form prepared by
 2082  the licensee for the purpose of such a waiver.
 2083         (3)Each mortgage broker shall submit to the registry
 2084  reports of condition, which must be in such form and shall
 2085  contain such information as the registry may require.
 2086         (4)A license issued under this part is not transferable or
 2087  assignable.
 2088         Section 33. Section 494.0041, Florida Statutes, is
 2089  repealed.
 2090         Section 34. Section 494.0042, Florida Statutes, is amended
 2091  to read:
 2092         494.0042 Loan originator Brokerage fees.—
 2093         (1) A loan originator mortgage brokerage fee earned by a
 2094  licensee, pursuant to this part ss. 494.003-494.0043, is not
 2095  considered interest or a finance charge under chapter 687.
 2096         (2) A person may not charge or exact, directly or
 2097  indirectly, from the borrower mortgagor a fee or commission in
 2098  excess of the maximum fee or commission specified in this
 2099  section. The maximum fees or commissions that may be charged for
 2100  mortgage loans are as follows:
 2101         (a) On a mortgage loan of $1,000 or less: $250.
 2102         (b) On a mortgage loan exceeding $1,000 and not exceeding
 2103  $2,000: $250 for the first $1,000 of the mortgage loan, plus $10
 2104  for each additional $100 of the mortgage loan.
 2105         (c) On a mortgage loan exceeding $2,000 and not exceeding
 2106  $5,000: $350 for the first $2,000 of the mortgage loan, plus $10
 2107  for each additional $100 of the mortgage loan.
 2108         (d) On a mortgage loan exceeding $5,000: $250 plus 10
 2109  percent of the entire mortgage loan.
 2110  
 2111  For the purpose of determining the maximum fee, the amount of
 2112  the mortgage loan is based on the amount of mortgage loan
 2113  actually funded exclusive of the authorized maximum fees or
 2114  commissions.
 2115         (3) At the time of accepting a mortgage loan application, a
 2116  mortgage broker brokerage business may receive from the borrower
 2117  a nonrefundable application fee. If the mortgage loan is funded,
 2118  the nonrefundable application fee shall be credited against the
 2119  amount owed as a result of the loan being funded. A person may
 2120  not receive any form of compensation for acting as a loan
 2121  originator mortgage broker other than a nonrefundable
 2122  application fee, a fee based on the mortgage amount being
 2123  funded, or a fee which complies with s. 494.00421.
 2124         Section 35. Section 494.00421, Florida Statutes, is amended
 2125  to read:
 2126         494.00421 Fees earned upon obtaining a bona fide
 2127  commitment.—Notwithstanding the provisions of ss. 494.001
 2128  494.0077, any mortgage broker brokerage business which contracts
 2129  to receive from a borrower a mortgage broker brokerage fee from
 2130  a borrower upon obtaining a bona fide commitment shall
 2131  accurately disclose in the mortgage broker brokerage agreement:
 2132         (1) The gross loan amount.
 2133         (2) In the case of a fixed-rate mortgage, the note rate.
 2134         (3) In the case of an adjustable rate mortgage:
 2135         (a) The initial note rate.
 2136         (b) The length of time for which the initial note rate is
 2137  effective.
 2138         (c) The frequency of changes.
 2139         (d) The limitation upon such changes including adjustment
 2140  to adjustment cap and life cap.
 2141         (e) Whether the loan has any potential for negative
 2142  amortization.
 2143         (f) Identification of the margin-interest rate
 2144  differential.
 2145         (g) Identification of a nationally recognized index which
 2146  index must be free from control of the mortgage broker, mortgage
 2147  brokerage business, mortgage lender, or correspondent mortgage
 2148  lender.
 2149         (4) The estimated net proceeds to be paid directly to the
 2150  borrower. “Estimated net proceeds” means the cash to be received
 2151  by the borrower after payment of any fees, charges, debts,
 2152  liens, or encumbrances to perfect the lien of the new mortgage
 2153  and establish the agreed-upon priority of the new mortgage.
 2154         (5) The lien priority of the new proposed mortgage.
 2155         (6) The number of calendar days, which are mutually agreed
 2156  upon, within which the mortgage broker brokerage business shall
 2157  obtain a bona fide mortgage commitment.
 2158         (7)(a) The following statement, in at least no less than
 2159  12-point boldface type immediately above the signature lines for
 2160  the borrowers:
 2161  
 2162         “You are entering into a contract with a mortgage broker
 2163  brokerage business to obtain a bona fide mortgage loan
 2164  commitment under the same terms and conditions as stated
 2165  hereinabove or in a separate executed good faith estimate form.
 2166  If the mortgage broker brokerage business obtains a bona fide
 2167  commitment under the same terms and conditions, you will be
 2168  obligated to pay the mortgage broker brokerage business fees,
 2169  including, but not limited to, a mortgage broker brokerage fee,
 2170  even if you choose not to complete the loan transaction. If the
 2171  provisions of s. 494.00421, Florida Statutes, are not met, the
 2172  mortgage broker brokerage fee can only be earned upon the
 2173  funding of the mortgage loan. The borrower may contact the
 2174  Department of Financial Services, Tallahassee, Florida,
 2175  regarding any complaints that the borrower may have against the
 2176  mortgage broker or the mortgage brokerage business. The
 2177  telephone number of the department is: ...[insert telephone
 2178  number]....”
 2179         (b) Paragraph (a) does not apply to nonresidential mortgage
 2180  loan commitments in excess of $1 million.
 2181         (8) Any other disclosure required pursuant to s. 494.0038.
 2182         Section 36. Section 494.0043, Florida Statutes, is amended
 2183  to read:
 2184         494.0043 Requirements for brokering loans to
 2185  noninstitutional investors.—
 2186         (1) A loan originator mortgage broker, when arranging a
 2187  mortgage loan for a noninstitutional investor, shall:
 2188         (a) Before any payment of money by the a noninstitutional
 2189  investor, provide an opinion of value from an appraiser stating
 2190  the value of the security property unless the opinion is waived
 2191  in writing. The opinion must state the value of the property as
 2192  it exists on the date of the opinion. If any relationship exists
 2193  between the mortgage broker and the appraiser, that relationship
 2194  shall be disclosed to the investor.
 2195         (b) Provide to the noninstitutional investor a mortgagee’s
 2196  title insurance policy or an opinion of title by an attorney
 2197  licensed to practice law in the state, or a copy thereof.
 2198         1. If a title insurance policy is issued, it must insure
 2199  the noninstitutional investor against the unmarketability of the
 2200  mortgagee’s interest in such title. It must shall also specify
 2201  any superior liens that exist against the property. If an
 2202  opinion of title is issued by an attorney licensed to practice
 2203  law in the state, the opinion must include a statement as to the
 2204  marketability of the title to the property described in the
 2205  mortgage and specify the priority of the mortgage being closed.
 2206         2. If the title insurance policy or opinion of title is not
 2207  available at the time of purchase, the licensee shall provide a
 2208  binder of the title insurance or conditional opinion of title.
 2209  This binder or opinion must include any conditions or
 2210  requirements that need needed to be corrected before prior to
 2211  the issuance of the final title policy or opinion of title. The
 2212  binder or opinion must also include information concerning the
 2213  requirements specified in subparagraph 1. Any conditions must be
 2214  eliminated or waived in writing by the investor before prior to
 2215  delivery to the noninstitutional investor. The policy or
 2216  opinion, or a copy thereof, shall be delivered to the investor
 2217  within a reasonable period of time, not exceeding 6 months,
 2218  after closing.
 2219         3. The requirements of this paragraph may be waived in
 2220  writing. If the requirements are waived by the noninstitutional
 2221  investor, the waiver must include the following statement
 2222  wording: “The noninstitutional investor acknowledges that the
 2223  mortgage broker or mortgage lender brokering this mortgage loan
 2224  is not providing a title insurance policy or opinion of title
 2225  issued by an attorney who is licensed to practice law in the
 2226  State of Florida. Any requirement for title insurance or for a
 2227  legal opinion of title is the sole responsibility of the
 2228  noninstitutional mortgage investor.”
 2229         (c) Provide, if the loan is other than a first mortgage, a
 2230  statement showing the balance owed by the mortgagor on any
 2231  existing mortgages prior to this investment and the status of
 2232  such existing mortgages.
 2233         (d) Provide a disclosure if the licensee is directly or
 2234  indirectly acting as a borrower or principal in the transaction.
 2235         (2) Each original or certified copy of the mortgage, or
 2236  other instrument securing a note or assignment thereof, must
 2237  shall be recorded before being delivered to the noninstitutional
 2238  investor. A loan originator mortgage broker shall cause the
 2239  properly endorsed original note to be delivered to the
 2240  noninstitutional investor.
 2241         (3) Each mortgage and assignment must shall be recorded as
 2242  soon as practical, but no later than 30 business days after the
 2243  date of closing.
 2244         (4) Any money from a noninstitutional investor for
 2245  disbursement at a mortgage loan closing must shall be deposited
 2246  with and disbursed by an attorney duly licensed in this state or
 2247  by a title company duly licensed in this state. A person acting
 2248  as a loan originator mortgage broker may not have control of any
 2249  money from a noninstitutional investor. This subsection does not
 2250  prohibit a licensee under this part ss. 494.003-494.0043 from
 2251  receiving a loan originator mortgage brokerage fee upon the
 2252  closing of the mortgage loan funded by the noninstitutional
 2253  investor.
 2254         Section 37. Section 494.006, Florida Statutes, is amended
 2255  to read:
 2256         494.006 Exemptions.—
 2257         (1) None of the following persons are subject to the
 2258  requirements of this part ss. 494.006-494.0077 in order to act
 2259  as a mortgage lender or correspondent mortgage lender:
 2260         (a)Any person operating exclusively as a registered loan
 2261  originator in accordance with the S.A.F.E. Mortgage Licensing
 2262  Act of 2008.
 2263         (b)A depository institution; subsidiaries that are owned
 2264  and controlled by a depository institution and regulated by the
 2265  Board of Governors of the Federal Reserve System, the
 2266  Comptroller of the Currency, the Director of the Office of
 2267  Thrift Supervision, the National Credit Union Administration, or
 2268  the Federal Deposit Insurance Corporation; or institutions
 2269  regulated by the Farm Credit Administration
 2270         (c)The Federal National Mortgage Association; the Federal
 2271  Home Loan Mortgage Corporation; an agency of the Federal
 2272  Government; any state, county, or municipal government; or any
 2273  quasi-governmental agency that acts in such capacity under the
 2274  specific authority of the laws of any state or the United
 2275  States.
 2276         (d)(b) Any person acting in a fiduciary capacity conferred
 2277  by the authority of any court.
 2278         (c)A wholly owned bank holding company subsidiary or a
 2279  wholly owned savings and loan association holding company
 2280  subsidiary that is formed and regulated under the laws of any
 2281  state or the United States and that is approved or certified by
 2282  the Department of Housing and Urban Development, the Veterans
 2283  Administration, the Government National Mortgage Association,
 2284  the Federal National Mortgage Association, or the Federal Home
 2285  Loan Mortgage Corporation.
 2286         (e)(d) Any person who, as a seller of his or her own real
 2287  property, receives one or more mortgages in a purchase money
 2288  transaction.
 2289         (e)Any person who receives a mortgage as security for an
 2290  obligation arising out of materials furnished or as services
 2291  rendered by the person in the improvement of the real property.
 2292         (f)(f) Any person who makes only nonresidential mortgage
 2293  loans and sells loans only to institutional investors.
 2294         (g)The Federal National Mortgage Association; the Federal
 2295  Home Loan Mortgage Corporation; an agency of the Federal
 2296  Government; any state, county, or municipal government; or any
 2297  quasi-governmental agency that acts in such capacity under the
 2298  specific authority of the laws of any state or the United
 2299  States.
 2300         (h)A consumer finance company licensed pursuant to chapter
 2301  516 as of October 1, 1991.
 2302         (g)(i) Any natural person making or acquiring a mortgage
 2303  loan with his or her own funds for his or her own investment,
 2304  and who does not hold himself or herself out to the public, in
 2305  any manner, as being in the mortgage lending business.
 2306         (h)(j) Any natural person selling a mortgage that was made
 2307  or purchased with that person’s funds for his or her own
 2308  investment, and who does not hold himself or herself out to the
 2309  public, in any manner, as being in the mortgage lending
 2310  business.
 2311         (i)(k) Any person who acts solely under contract and as an
 2312  agent for federal, state, or municipal agencies in the servicing
 2313  of mortgage loans.
 2314         (2)(a)A natural person employed by a mortgage lender or
 2315  correspondent mortgage lender licensed under ss. 494.001
 2316  494.0077 is exempt from the licensure requirements of ss.
 2317  494.001-494.0077 when acting within the scope of employment with
 2318  the licensee.
 2319         (b)A corporation that is in existence on October 1, 1991,
 2320  and that is a wholly owned subsidiary of a consumer finance
 2321  company licensed pursuant to chapter 516 on October 1, 1991, is
 2322  not required to be licensed under ss. 494.006-494.0077 in order
 2323  to act as a mortgage lender or a correspondent mortgage lender.
 2324         (2)(3) It is unnecessary to negate any of the exemptions
 2325  provided in this section ss. 494.001-494.0077 in any complaint,
 2326  information, indictment, or other writ or proceeding brought
 2327  under ss. 494.001-494.0077. The burden of establishing the right
 2328  to an any exemption is upon the party claiming the benefit of
 2329  the exemption.
 2330         Section 38. Effective October 1, 2010, section 494.0061,
 2331  Florida Statutes, is repealed.
 2332         Section 39. Effective October 1, 2010, section 494.00611,
 2333  Florida Statutes, is created to read:
 2334         494.00611Mortgage lender license.—
 2335         (1)Each person who acts as a mortgage lender must be
 2336  licensed under this section.
 2337         (2)In order to apply for a mortgage lender license the
 2338  applicant must:
 2339         (a)Submit a completed application form as prescribed by
 2340  the commission by rule.
 2341         (b)Designate a qualified principal loan originator who
 2342  meets the requirements of s. 494.0035 on the application form.
 2343         (c)Submit a nonrefundable application fee of $500, and the
 2344  $100 nonrefundable fee if required by s. 494.00172. Application
 2345  fees may not be prorated for partial years of licensure.
 2346         (d)Submit fingerprints for each of the applicant’s control
 2347  persons in accordance with rules adopted by the commission:
 2348         1.The fingerprints may be submitted to the registry, the
 2349  office, or a vendor acting on behalf of the registry or the
 2350  office.
 2351         2.The office may contract with a third-party vendor to
 2352  provide live-scan fingerprinting in lieu of a paper fingerprint
 2353  card.
 2354         3.A state criminal history background check must be
 2355  conducted through the Department of Law Enforcement and a
 2356  federal criminal history background check must be conducted
 2357  through the Federal Bureau of Investigation.
 2358         4.All fingerprints submitted to the Department of Law
 2359  Enforcement must be submitted electronically and entered into
 2360  the statewide automated fingerprint identification system
 2361  established in s. 943.05(2)(b) and available for use in
 2362  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 2363  annual fee to the department to participate in the system and
 2364  inform the department of any person whose fingerprints are no
 2365  longer required to be retained.
 2366         5.The costs of fingerprint processing, including the cost
 2367  of retaining the fingerprints, shall be borne by the person
 2368  subject to the background check.
 2369         6.The office is responsible for reviewing the results of
 2370  the state and federal criminal history checks and determining
 2371  whether the applicant meets licensure requirements.
 2372         (e)Indicate whether the applicant will be seeking a
 2373  servicing endorsement on the application form.
 2374         (f)Submit a copy of the applicant’s financial audit report
 2375  for the most recent fiscal year which, pursuant to United States
 2376  generally accepted accounting principles, documents that the
 2377  applicant has a bona fide and verifiable net worth, of at least
 2378  $63,000 if the applicant is not seeking a servicing endorsement,
 2379  or at least $250,000 if the applicant is seeking a servicing
 2380  endorsement, which must be continuously maintained as a
 2381  condition of licensure. If the applicant is a wholly owned
 2382  subsidiary of another corporation, the financial audit report
 2383  for the parent corporation’s satisfies this requirement. The
 2384  commission may establish by rule the form and procedures for
 2385  filing the financial audit report, including the requirement to
 2386  file the repport with the registry when technology is available.
 2387         (g)Authorize the registry to obtain an independent credit
 2388  report on each of the applicant’s control persons from a
 2389  consumer reporting agency, and transmit or provide access to the
 2390  report to the office. The cost of the credit report shall be
 2391  borne by the applicant.
 2392         (h)Submit additional information or documentation
 2393  requested by the office and required by rule concerning the
 2394  applicant or a control person of the applicant. Additional
 2395  information may include documentation of pending and prior
 2396  disciplinary and criminal history events, including arrest
 2397  reports and certified copies of charging documents, plea
 2398  agreements, judgments and sentencing documents, documents
 2399  relating to pretrial intervention, orders terminating probation
 2400  or supervised release, final administrative agency orders, or
 2401  other comparable documents that may provide the office with the
 2402  appropriate information to determine eligibility for licensure.
 2403         (i)Submit any other information required by the registry
 2404  for the processing of the application.
 2405         (3)An application is considered received for the purposes
 2406  of s. 120.60 upon the office’s receipt of all documentation from
 2407  the registry, including the completed application form, criminal
 2408  history information, and independent credit report, as well as
 2409  the license application fee, the fee required under s.
 2410  494.00172, and all applicable fingerprinting processing fees.
 2411         (4)The office shall issue a mortgage lender license to
 2412  each person who is not otherwise ineligible and who meets the
 2413  requirements of this section. However, it is a ground for denial
 2414  of licensure if the applicant or one of the applicant’s control
 2415  persons:
 2416         (a)Has committed any violation specified in ss. 494.001
 2417  494.0077, or is the subject of a pending felony criminal
 2418  prosecution or a prosecution or an administrative enforcement
 2419  action, in any jurisdiction, which involves fraud, dishonesty,
 2420  breach of trust, money laundering, or any other act of moral
 2421  turpitude.
 2422         (b)Demonstrates a lack of financial responsibility,
 2423  character, and general fitness which would fail to command the
 2424  confidence of the community and to warrant a determination that
 2425  the loan originator will operate honestly, fairly, and
 2426  efficiently.
 2427         1.For purposes of this paragraph, a person has shown that
 2428  he or she is not financially responsible if he or she has shown
 2429  a disregard in the management of his or her own financial
 2430  condition, which may include, but is not limited to:
 2431         a.Current outstanding judgments, except judgments
 2432  resulting solely from medical expenses;
 2433         b.Current outstanding tax liens or other government liens
 2434  and filings;
 2435         c.Foreclosures within the past 3 years; or
 2436         d.A pattern of seriously delinquent accounts within the
 2437  past 7 years.
 2438         2.If an applicants credit report would serve, in whole or
 2439  in part, as the basis for denial of a license, before denying
 2440  the license, the office must notify the applicant in writing of
 2441  the specific items of concern found in the credit report. The
 2442  applicant shall be provided an opportunity to submit any
 2443  mitigating information with regard to the items identified by
 2444  the office. The use of the terms “poor credit history,” “poor
 2445  credit rating,” or similar language do not meet the requirements
 2446  of this subsection. The office may not use an applicants credit
 2447  score as a basis for denying licensure.
 2448         (5)The office may not issue a license if the applicant has
 2449  had a mortgage lender license or its equivalent revoked in any
 2450  jurisdiction, or any of the applicant’s control persons has ever
 2451  had a loan originator license or its equivalent revoked in any
 2452  jurisdiction.
 2453         (6)A person required to be licensed under this part, or an
 2454  agent or employee thereof, is deemed to have consented to the
 2455  venue of courts in this state regarding any matter within the
 2456  authority of ss. 494.001-494.0077 regardless of where an act or
 2457  violation was committed.
 2458         (7)A license issued in accordance with this part is not
 2459  transferable or assignable.
 2460         (8)A mortgage lender or branch office license may be
 2461  withdrawn pursuant to s. 120.60 if it was issued through mistake
 2462  or inadvertence of the office. A license must be reinstated if
 2463  the applicant demonstrates that the requirements for obtaining
 2464  the license under this chapter have been satisfied.
 2465         (9)Each lender, regardless of the number of branches it
 2466  operates, shall designate a principal loan originator
 2467  representative who exercises control of the licensee’s business,
 2468  and a branch manager for each branch office. Each mortgage
 2469  lender must keep the office informed of the persons designated
 2470  as prescribed by commission rule, which includes documentation
 2471  of the individual’s acceptance of such responsibility. If the
 2472  designation is inaccurate, the branch shall be deemed to be
 2473  operated under the full charge, control, and supervision by each
 2474  officer, director, or ultimate equitable owner of a 10 percent
 2475  or greater interest in the mortgage lender business, or any
 2476  other person in a similar capacity during that time.
 2477         (10)All mortgage lender licenses must be renewed annually
 2478  by December 31 pursuant to s. 494.00612. If a person holding an
 2479  active mortgage broker license has not applied to renew the
 2480  license annually on or before December 31, the mortgage broker
 2481  license expires on December 31. If a person holding an active
 2482  mortgage broker license has applied to renew the license on or
 2483  before December 31, the mortgage broker license remains active
 2484  until the renewal application is approved or denied. A mortgage
 2485  broker is not precluded from reapplying for licensure upon
 2486  expiration of a previous license.
 2487         Section 40. Effective October 1, 2010, section 494.00612,
 2488  Florida Statutes, is created to read:
 2489         494.00612Mortgage lender license renewal.—
 2490         (1)In order to renew a mortgage lender license, a mortgage
 2491  lender must:
 2492         (a)Submit a completed license renewal form as prescribed
 2493  by commission rule.
 2494         (b)Submit a nonrefundable renewal fee of $475, and the
 2495  $100 nonrefundable fee if required by s. 494.00172.
 2496         (c)Submit fingerprints in accordance with s.
 2497  494.00611(2)(d) for any new control persons who have not been
 2498  screened.
 2499         (d)Provide proof that the mortgage lender continues to
 2500  meet the applicable net worth requirement in a form prescribed
 2501  by commission rule.
 2502         (e)Authorize the registry to obtain an independent credit
 2503  report on the mortgage lender from a consumer reporting agency,
 2504  and transmit or provide access to the report to the office. The
 2505  cost of the credit report shall be borne by the applicant.
 2506         (f)Submit any additional information or documentation
 2507  requested by the office and required by rule concerning the
 2508  licensee. Additional information may include documentation of
 2509  pending and prior disciplinary and criminal history events,
 2510  including arrest reports and certified copies of charging
 2511  documents, plea agreements, judgments and sentencing documents,
 2512  documents relating to pretrial intervention, orders terminating
 2513  probation or supervised release, final administrative agency
 2514  orders, or other comparable documents that may provide the
 2515  office with the appropriate information to determine eligibility
 2516  for licensure.
 2517         (2)The office may not renew a mortgage lender license
 2518  unless the mortgage lender continues to meet the minimum
 2519  standards for initial license issuance pursuant to s. 494.00611
 2520  and adopted rule.
 2521         Section 41. Effective October 1, 2010, section 494.0062,
 2522  Florida Statutes, is repealed.
 2523         Section 42. Section 494.0063, Florida Statutes, is amended
 2524  to read:
 2525         494.0063 Audited financial statements.—All audited
 2526  financial statements required by ss. 494.001-494.0077 must be
 2527  prepared by an independent licensed certified public accountant.
 2528  A mortgage lender must obtain an annual financial audit report
 2529  as of the date of the licensee’s fiscal year end, as disclosed
 2530  to the office on the application or a subsequent amendment to
 2531  the application. The mortgage lender shall submit a copy of the
 2532  report to the office within 120 days after the end of the
 2533  licensee’s fiscal year. If the applicant is a wholly owned
 2534  subsidiary of another corporation, the financial audit report of
 2535  the parent corporation’s satisfies this requirement. If the
 2536  licensee changes its fiscal year, the licensee must file report
 2537  within 18 months after the previously submitted report. The
 2538  commission may establish by rule the procedures and form for
 2539  filing a financial audit report, including the requirement to
 2540  file the report with the registry when technology is available.
 2541         Section 43. Effective October 1, 2010, section 494.0064,
 2542  Florida Statutes, is repealed.
 2543         Section 44. Effective October 1, 2010, section 494.0065,
 2544  Florida Statutes, is repealed.
 2545         Section 45. Section 494.0066, Florida Statutes, is amended
 2546  to read:
 2547         494.0066 Branch offices.—
 2548         (1) Each branch office of a mortgage lender must be
 2549  licensed under this section A branch office license is required
 2550  for each branch office maintained by a licensee under ss.
 2551  494.006-494.0077.
 2552         (2) The office shall issue a branch office license to a
 2553  mortgage lender licensee licensed under ss. 494.006-494.0077
 2554  after the office determines that the mortgage lender licensee
 2555  has submitted a completed branch office application form as
 2556  prescribed by rule by the commission, and an initial
 2557  nonrefundable branch office license fee of $225 per branch
 2558  office $325. Application fees may not be prorated for partial
 2559  years of licensure. The branch office application must include
 2560  the name and license number of the mortgage lender licensee
 2561  under this part ss. 494.006-494.0077, the name of the branch
 2562  manager licensee’s employee in charge of the branch office, and
 2563  the address of the branch office. The branch office license
 2564  shall be issued in the name of the mortgage lender licensee
 2565  under ss. 494.006-494.0077 and must be renewed in conjunction
 2566  with the license renewal. An application is considered received
 2567  for purposes of s. 120.60 upon receipt of a completed branch
 2568  office renewal form, as prescribed by commission rule, and the
 2569  required fees.
 2570         (3)A branch office license must be renewed at the time of
 2571  renewing the mortgage lender license. A nonrefundable fee of
 2572  $225 per branch office must be submitted at the time of renewal.
 2573         Section 46. Section 494.00665, Florida Statutes, is created
 2574  to read:
 2575         494.00665Principal loan originator and branch manager for
 2576  mortgage lender.—
 2577         (1)Each mortgage lender business must be operated by a
 2578  principal loan originator who shall have full charge, control,
 2579  and supervision of the mortgage lender business. The principal
 2580  loan originator must have been licensed as a loan originator
 2581  pursuant to s. 494.00312. Each mortgage lender must keep the
 2582  office informed of the person designated as the principal loan
 2583  originator as prescribed by commission rule. If the designation
 2584  is inaccurate, the business shall be deemed to be operated under
 2585  the full charge, control, and supervision of each officer,
 2586  director, or ultimate equitable owner of a 10 percent or greater
 2587  interest in the mortgage lender business, or any other person in
 2588  a similar capacity during that time.
 2589         (2)Each branch office of a mortgage lender must be
 2590  operated by a branch manager who shall have full charge,
 2591  control, and supervision of the branch office. The designated
 2592  branch manager must be a licensed loan originator pursuant to s.
 2593  494.00312. Each mortgage lender must keep the office informed of
 2594  the person designated as the branch manager as prescribed by
 2595  commission rule, which includes documentation of the
 2596  individual’s acceptance of such responsibility. If the
 2597  designation is inaccurate, the branch office shall be deemed to
 2598  be operated under the full charge, control, and supervision of
 2599  each officer, director, or ultimate equitable owner of a 10
 2600  percent or greater interest in the mortgage lender business, or
 2601  any other person in a similar capacity during that time.
 2602         Section 47. Section 494.0067, Florida Statutes, is amended
 2603  to read:
 2604         494.0067 Requirements of mortgage lenders licensees under
 2605  ss. 494.006-494.0077.—
 2606         (1) A mortgage lender that Each licensee under ss. 494.006
 2607  494.0077 which makes mortgage loans on real estate in this state
 2608  shall transact business from a principal place of business. Each
 2609  principal place of business and each branch office shall be
 2610  operated under the full charge, control, and supervision of the
 2611  licensee pursuant to this part under ss. 494.006-494.0077.
 2612         (2) A license issued under this part ss. 494.006-494.0077
 2613  is not transferable or assignable.
 2614         (3) A mortgage lender Each licensee under ss. 494.006
 2615  494.0077 shall report, on a form prescribed by rule of the
 2616  commission, any change in the information contained in any
 2617  initial application form, or any amendment thereto, within not
 2618  later than 30 days after the change is effective.
 2619         (4) A mortgage lender Each licensee under ss. 494.006
 2620  494.0077 shall report any changes in the principal loan
 2621  originator, any addition or subtraction of a control person,
 2622  partners, officers, members, joint venturers, directors, or
 2623  control persons of any licensee or any change changes in the
 2624  form of business organization by written amendment in such form
 2625  and at such time that the commission specifies by rule.
 2626         (a) In any case in which a person or a group of persons,
 2627  directly or indirectly or acting by or through one or more
 2628  persons, proposes to purchase or acquire a controlling interest
 2629  in a licensee, such person or group must submit an initial
 2630  application for licensure as a mortgage lender or correspondent
 2631  mortgage lender before such purchase or acquisition and at the
 2632  time and in the form prescribed by the commission by rule.
 2633         (b)As used in this subsection, the term “controlling
 2634  interest” means possession of the power to direct or cause the
 2635  direction of the management or policies of a company whether
 2636  through ownership of securities, by contract, or otherwise. Any
 2637  person who directly or indirectly has the right to vote 25
 2638  percent or more of the voting securities of a company or who is
 2639  entitled to 25 percent or more of the company’s profits is
 2640  presumed to possess a controlling interest.
 2641         (b)(c) Any addition of a designated principal
 2642  representative, partner, officer, member, joint venturer,
 2643  director, or control person of the applicant who does not have a
 2644  controlling interest and who has not previously filed a Uniform
 2645  Mortgage Biographical Statement & Consent Form, MU2, or has not
 2646  previously complied with fingerprinting and credit report
 2647  requirements of s. 494.00611 is the provisions of s.
 2648  494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s.
 2649  494.0065(5)(e) and (f) shall be subject to the such provisions
 2650  of this section unless required to file an initial application
 2651  in accordance with paragraph (a). If after the addition of a
 2652  control person, the office determines that the licensee does not
 2653  continue to meet licensure requirements, the office may bring
 2654  administrative action in accordance with s. 494.00255 s.
 2655  494.0072 to enforce the provisions of this section.
 2656         (d)The commission shall adopt rules pursuant to ss.
 2657  120.536(1) and 120.54 providing for the waiver of the
 2658  application required by this subsection if the person or group
 2659  of persons proposing to purchase or acquire a controlling
 2660  interest in a licensee has previously complied with the
 2661  provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and
 2662  (h), or s. 494.0065(5)(e) and (f) with the same legal entity or
 2663  is currently licensed with the office under this chapter.
 2664         (5) Each mortgage lender licensee under ss. 494.006
 2665  494.0077 shall report in a form prescribed by rule by the
 2666  commission any indictment, information, charge, conviction, plea
 2667  of guilty or nolo contendere, regardless of adjudication, or
 2668  plea of guilty to any felony or any crime or administrative
 2669  violation that involves fraud, dishonesty, breach of trust,
 2670  money laundering dishonest dealing, or any other act of moral
 2671  turpitude, in any jurisdiction, by the licensee under ss.
 2672  494.006-494.0077 or any principal officer, director, or ultimate
 2673  equitable owner of 10 percent or more of the licensed
 2674  corporation, within not later than 30 business days after the
 2675  indictment, information, charge, conviction, or final
 2676  administrative action.
 2677         (6) Each mortgage lender licensee under ss. 494.006
 2678  494.0077 shall report any action in bankruptcy, voluntary or
 2679  involuntary, to the office, within not later than 7 business
 2680  days after the action is instituted.
 2681         (7) Each mortgage lender licensee under ss. 494.006
 2682  494.0077 shall designate a registered agent in this state for
 2683  service of process.
 2684         (8) Each mortgage lender licensee under ss. 494.006
 2685  494.0077 shall provide an applicant for a mortgage loan a good
 2686  faith estimate of the costs the applicant can reasonably expect
 2687  to pay in obtaining a mortgage loan. The good faith estimate of
 2688  costs must shall be mailed or delivered to the applicant within
 2689  3 business days a reasonable time after the licensee receives a
 2690  written loan application from the applicant. The estimate of
 2691  costs may be provided to the applicant by a person other than
 2692  the licensee making the loan. The good faith estimate must
 2693  identify the recipient of all payments charged to the borrower
 2694  and, except for all fees to be received by the mortgage broker
 2695  brokerage business and the mortgage lender or correspondent
 2696  mortgage lender, may be disclosed in generic terms, such as, but
 2697  not limited to, paid to appraiser, officials, title company, or
 2698  any other third-party service provider. The licensee bears the
 2699  burden of proving such disclosures were provided to the
 2700  borrower. The commission may adopt rules that set forth the
 2701  disclosure requirements of this section.
 2702         (9)On or before April 30, 2000, each mortgage lender or
 2703  correspondent mortgage lender shall file an initial report
 2704  stating the full legal name, residential address, social
 2705  security number, date of birth, mortgage broker license number,
 2706  date of hire, and, if applicable, date of termination for each
 2707  person who acted as a loan originator or an associate of the
 2708  mortgage lender or correspondent mortgage lender during the
 2709  immediate preceding quarter. Thereafter, a mortgage lender or
 2710  correspondent mortgage lender shall file a report only if a
 2711  person became or ceased to be a loan originator or an associate
 2712  of the mortgage lender or correspondent mortgage lender during
 2713  the immediate preceding quarter. Such report shall be filed
 2714  within 30 days after the last day of each calendar quarter and
 2715  shall contain the full legal name, residential address, social
 2716  security number, date of birth, date of hire and, if applicable,
 2717  the mortgage broker license number and date of termination of
 2718  each person who became or ceased to be a loan originator or an
 2719  associate of the mortgage lender or correspondent mortgage
 2720  lender during the immediate preceding quarter. The commission
 2721  shall prescribe, by rule, the procedures for filing reports
 2722  required by this subsection.
 2723         (10)(a)Each mortgage lender or correspondent mortgage
 2724  lender licensee shall require the principal representative and
 2725  all loan originators, not currently licensed as mortgage brokers
 2726  pursuant to s. 494.0033, who perform services for the licensee
 2727  to complete 14 hours of professional continuing education during
 2728  each biennial license period. The education shall cover primary
 2729  and subordinate mortgage financing transactions and the
 2730  provisions of this chapter and the rules adopted under this
 2731  chapter.
 2732         (b)The licensee shall maintain records of such training
 2733  for a period of 4 years, including records of the content of and
 2734  hours designated for each program and the date and location of
 2735  the program.
 2736         (c)Evidence of completion of such programs shall be
 2737  included with the licensee’s renewal application.
 2738         (9)(11) The disclosures in this subsection must be
 2739  furnished in writing at the time an adjustable rate mortgage
 2740  loan is offered to the borrower and whenever the terms of the
 2741  adjustable rate mortgage loan offered have a material change
 2742  prior to closing. The lender shall furnish the disclosures
 2743  relating to adjustable rate mortgages in a format prescribed by
 2744  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2745  of the Federal Reserve System, as amended; its commentary, as
 2746  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2747  1601 et seq., as amended; together with the Consumer Handbook on
 2748  Adjustable Rate Mortgages, as amended; published by the Federal
 2749  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2750  bears the burden of proving such disclosures were provided to
 2751  the borrower.
 2752         (10)(12)(a) In every mortgage loan transaction, each
 2753  mortgage lender licensee under ss. 494.006-494.0077 shall notify
 2754  a borrower of any material changes in the terms of a mortgage
 2755  loan previously offered to the borrower within 3 business days
 2756  after being made aware of such changes by the lender but at
 2757  least not less than 3 business days before the signing of the
 2758  settlement or closing statement. The licensee bears the burden
 2759  of proving such notification was provided and accepted by the
 2760  borrower.
 2761         (b) A borrower may waive the right to receive notice of a
 2762  material change that is granted under paragraph (a) if the
 2763  borrower determines that the extension of credit is needed to
 2764  meet a bona fide personal financial emergency and the right to
 2765  receive notice would delay the closing of the mortgage loan. The
 2766  imminent sale of the borrower’s home at foreclosure during the
 2767  3-day period before the signing of the settlement or closing
 2768  statement constitutes an example of a bona fide personal
 2769  financial emergency. In order to waive the borrower’s right to
 2770  receive notice not less than 3 business days before the signing
 2771  of the settlement or closing statement of any such material
 2772  change, the borrower must provide the licensee with a dated
 2773  written statement that describes the personal financial
 2774  emergency, waives the right to receive the notice, bears the
 2775  borrower’s signature, and is not on a printed form prepared by
 2776  the licensee for the purpose of such a waiver.
 2777         (11)A mortgage lender may close loans in its own name but
 2778  may not service the loan for more than 4 months unless the
 2779  lender has a servicing endorsement. Only a mortgage lender who
 2780  continuously maintains a net worth of at least $250,000 may
 2781  obtain a servicing endorsement.
 2782         (12)A mortgage lender must report to the office the
 2783  failure to meet the applicable net worth requirements of s.
 2784  494.00611 within 2 days after the mortgage lender’s knowledge of
 2785  such failure or after the mortgage lender should have known of
 2786  such failure.
 2787         Section 48. Section 494.0068, Florida Statutes, is amended
 2788  to read:
 2789         494.0068 Loan application process.—
 2790         (1) In addition to the requirements set forth in s.
 2791  494.0067(8), before accepting an application fee in whole or in
 2792  part, a credit report fee, an appraisal fee, or a fee charged as
 2793  reimbursement for third-party charges, a mortgage lender shall
 2794  make a written disclosure to the borrower, which disclosure may
 2795  be contained in the application, setting forth:
 2796         (a) Whether all or any part of such fees or charges is
 2797  refundable.
 2798         (b) The terms and conditions for the refund, if all or any
 2799  part of the fees or charges is refundable.
 2800         (c) A realistic estimate of the number of days required to
 2801  issue a commitment following receipt of the application by the
 2802  lender.
 2803         (d) The name or title of a person within the lender’s
 2804  organization to whom the borrower may address written questions,
 2805  comments, or complaints and who is required to promptly respond
 2806  to such inquiries.
 2807         (2) The disclosures required in subsection (1) must shall
 2808  be acknowledged in writing by the borrower and maintained by the
 2809  mortgage lender, and a copy of such acknowledgment shall be
 2810  given to the borrower.
 2811         (3) The borrower may, without penalty or responsibility for
 2812  paying additional fees and charges, withdraw an application at
 2813  any time prior to acceptance of commitment. Upon such
 2814  withdrawal, the mortgage lender is responsible for refunding to
 2815  the borrower only those fees and charges to which the borrower
 2816  may be entitled pursuant to the terms set forth in the written
 2817  disclosure required by subsection (1), except that:
 2818         (a) If the lender failed to provide the borrower with the
 2819  written disclosure required by subsection (1), the lender shall
 2820  promptly refund to the borrower all funds paid to the lender; or
 2821         (b) If the lender failed to make a good faith effort to
 2822  approve the loan, the lender shall promptly refund to the
 2823  borrower all funds paid to the lender.
 2824         (4) The application fee must be reasonably related to the
 2825  services to be performed and may not be based upon a percentage
 2826  of the principal amount of the loan or the amount financed.
 2827         (5) For the purposes of this section, the term “application
 2828  fee” means any moneys advanced by the borrower upon filing an
 2829  application with a mortgage lender to offset the lender’s
 2830  expenses for determining whether the borrower is qualified for
 2831  the mortgage loan or whether the mortgage loan should be funded.
 2832         Section 49. Section 494.0069, Florida Statutes, is amended
 2833  to read:
 2834         494.0069 Lock-in agreement.—
 2835         (1) Each lock-in agreement must be in writing and must
 2836  contain:
 2837         (a) The expiration date of the lock-in, if any;
 2838         (b) The interest rate locked in, if any;
 2839         (c) The discount points locked in, if any;
 2840         (d) The commitment fee locked in, if any;
 2841         (e) The lock-in fee, if any; and
 2842         (f) A statement advising of the provisions of ss. 494.006
 2843  494.0077 regarding lock-in agreements.
 2844         (2) The mortgage lender or correspondent mortgage lender
 2845  shall make a good faith effort to process the mortgage loan
 2846  application and stand ready to fulfill the terms of its
 2847  commitment before the expiration date of the lock-in agreement
 2848  or any extension thereof.
 2849         (3) Any lock-in agreement received by a mortgage lender or
 2850  correspondent mortgage lender by mail or through a mortgage
 2851  broker must be signed by the mortgage lender or correspondent
 2852  mortgage lender in order to become effective. The borrower may
 2853  rescind any lock-in agreement until a written confirmation of
 2854  the agreement has been signed by the lender and mailed to the
 2855  borrower or to the mortgage broker brokerage business pursuant
 2856  to its contractual relationship with the borrower. If a borrower
 2857  elects to so rescind, the mortgage lender or correspondent
 2858  mortgage lender shall promptly refund any lock-in fee paid.
 2859         (4)(a)Before Any correspondent mortgage lender or mortgage
 2860  lender prior to issuing a mortgage loan rate lock-in agreement,
 2861  a mortgage lender must have the ability to timely advance funds
 2862  on all mortgage loans for which rate lock-in agreements have
 2863  been issued. As used in this section, “ability to timely advance
 2864  funds” means having sufficient liquid assets or a line of credit
 2865  necessary to cover all rate lock-in agreements issued with
 2866  respect to which a lock-in fee is collected.
 2867         (a)(b) A correspondent mortgage lender or mortgage lender
 2868  that does not comply with this subsection paragraph (a) may
 2869  issue mortgage rate lock-in agreements only if, prior to the
 2870  issuance, the correspondent mortgage lender or mortgage lender:
 2871         1. Has received a written rate lock-in agreement from a
 2872  correspondent mortgage lender or mortgage lender that complies
 2873  with this subsection paragraph (a); or
 2874         2. Has received a written rate lock-in agreement from an
 2875  institutional investor or an agency of the Federal Government or
 2876  the state or local government that will be funding, making, or
 2877  purchasing the mortgage loan.
 2878         (b)(c) All rate lock-in fees collected by a mortgage lender
 2879  or correspondent mortgage lender who is not in compliance with
 2880  paragraph (a) must be deposited into an escrow account in a
 2881  federally insured financial institution, and such fees may shall
 2882  not be removed from such escrow account until:
 2883         1. The mortgage loan closes and is funded;
 2884         2. The applicant cancels the loan application or the loan
 2885  application is rejected; or
 2886         3. The mortgage lender or correspondent mortgage lender is
 2887  required to forward a portion of the lock-in fee to another
 2888  correspondent mortgage lender, mortgage lender, institutional
 2889  investor, or agency that will be funding, making, or purchasing
 2890  the loan. The mortgage lender or correspondent mortgage lender
 2891  may remove only the amount of the lock-in fee actually paid to
 2892  another mortgage lender, correspondent mortgage lender,
 2893  institutional investor, or agency.
 2894         (5) For purposes of this section, the term “lock-in fee”
 2895  means any moneys advanced by the borrower to lock in for a
 2896  specified period of time a specified interest rate or discount
 2897  points.
 2898         (6) The commission may adopt by rule a form for required
 2899  lock-in agreement disclosures.
 2900         Section 50. Section 494.007, Florida Statutes, is amended
 2901  to read:
 2902         494.007 Commitment process.—
 2903         (1) If a commitment is issued, the mortgage lender shall
 2904  disclose in writing:
 2905         (a) The expiration date of the commitment;
 2906         (b) The mortgage amount, meaning the face amount of credit
 2907  provided to the borrower or in the borrower’s behalf;
 2908         (c) If the interest rate or other terms are subject to
 2909  change before expiration of the commitment:
 2910         1. The basis, index, or method, if any, which will be used
 2911  to determine the rate at closing. Such basis, index, or method
 2912  shall be established and disclosed with direct reference to the
 2913  movement of an interest rate index or of a national or regional
 2914  index that is available to and verifiable by the borrower and
 2915  beyond the control of the lender; or
 2916         2. The following statement, in at least 10-point bold type:
 2917  “The interest rate will be the rate established by the lender in
 2918  its discretion as its prevailing rate . . . days before
 2919  closing.”;
 2920         (d) The amount of the commitment fee, if any, and whether
 2921  and under what circumstances the commitment fee is refundable;
 2922  and
 2923         (e) The time, if any, within which the commitment must be
 2924  accepted by the borrower.
 2925         (2) The provisions of a commitment cannot be changed prior
 2926  to expiration of the specified period within which the borrower
 2927  must accept it. If any information necessary for an accurate
 2928  disclosure required by subsection (1) is unknown to the mortgage
 2929  lender at the time disclosure is required, the lender shall make
 2930  the disclosure based upon the best information reasonably
 2931  available to it and shall state that the disclosure is an
 2932  estimate.
 2933         (3) A commitment fee is refundable if:
 2934         (a) The commitment is contingent upon approval by parties
 2935  to whom the mortgage lender seeks to sell the loan.
 2936         (b) The loan purchaser’s requirements are not met due to
 2937  circumstances beyond the borrower’s control.
 2938         (c) The borrower is willing but unable to comply with the
 2939  loan purchaser’s requirements.
 2940         Section 51. Section 494.0071, Florida Statutes, is amended
 2941  to read:
 2942         494.0071 Expiration of lock-in agreement or commitment.—If
 2943  a lock-in agreement has been executed and the loan does not
 2944  close before the expiration date of either the lock-in agreement
 2945  or any commitment issued consistent therewith through no
 2946  substantial fault of the borrower, the borrower may withdraw the
 2947  application or reject or terminate any commitment, whereupon the
 2948  mortgage lender or correspondent mortgage lender shall promptly
 2949  refund to the borrower any lock-in fee and any commitment fee
 2950  paid by the borrower.
 2951         Section 52. Section 494.0072, Florida Statutes, is
 2952  repealed.
 2953         Section 53. Section 494.00721, Florida Statutes, is amended
 2954  to read:
 2955         494.00721 Net worth.—
 2956         (1) The net worth requirements required in s. 494.00611 ss.
 2957  494.0061, 494.0062, and 494.0065 shall be continually maintained
 2958  as a condition of licensure.
 2959         (2) If a mortgage lender or correspondent mortgage lender
 2960  fails to satisfy the net worth requirements, the mortgage lender
 2961  or correspondent mortgage lender shall immediately cease taking
 2962  any new mortgage loan applications. Thereafter, the mortgage
 2963  lender or correspondent mortgage lender shall have up to 60 days
 2964  within which to satisfy the net worth requirements. If the
 2965  licensee makes the office aware, prior to an examination, that
 2966  the licensee no longer meets the net worth requirements, the
 2967  mortgage lender or correspondent mortgage lender shall have 120
 2968  days within which to satisfy the net worth requirements. A
 2969  mortgage lender may or correspondent mortgage lender shall not
 2970  resume acting as a mortgage lender or correspondent mortgage
 2971  lender without written authorization from the office, which
 2972  authorization shall be granted if the mortgage lender or
 2973  correspondent mortgage lender provides the office with
 2974  documentation which satisfies the requirements of s. 494.00611
 2975  s. 494.0061(2)(c), s. 494.0062(2)(c), or s. 494.0065(2),
 2976  whichever is applicable.
 2977         (3) If the mortgage lender or correspondent mortgage lender
 2978  does not satisfy the net worth requirements within 120 days the
 2979  120-day period, the license of the mortgage lender or
 2980  correspondent mortgage lender shall be deemed to be relinquished
 2981  and canceled and all servicing contracts shall be disposed of in
 2982  a timely manner by the mortgage lender or correspondent mortgage
 2983  lender.
 2984         Section 54. Section 494.0073, Florida Statutes, is amended
 2985  to read:
 2986         494.0073 Mortgage lender or correspondent mortgage lender
 2987  when acting as a mortgage broker brokerage business.—The
 2988  provision of this part Sections 494.006-494.0077 do not prohibit
 2989  a mortgage lender or correspondent mortgage lender from acting
 2990  as a mortgage broker brokerage business. However, in mortgage
 2991  transactions in which a mortgage lender or correspondent
 2992  mortgage lender acts as a mortgage broker brokerage business,
 2993  the provisions of ss. 494.0038, 494.004(2) 494.004(8), 494.0042,
 2994  and 494.0043(1), (2), and (3) apply.
 2995         Section 55. Section 494.0075, Florida Statutes, is amended
 2996  to read:
 2997         494.0075 Requirements for selling loans to noninstitutional
 2998  investors.—
 2999         (1) A mortgage lender, when selling a mortgage loan to a
 3000  noninstitutional investor, shall:
 3001         (a) Before any payment of money by a noninstitutional
 3002  investor, provide an opinion of value from an appraiser stating
 3003  the value of the security property unless the opinion is waived
 3004  in writing. The opinion must state the value of the property as
 3005  it exists on the date of the opinion. If any relationship exists
 3006  between the lender and the appraiser, that relationship must
 3007  shall be disclosed.;
 3008         (b) Provide to the noninstitutional investor a mortgagee’s
 3009  title insurance policy or an opinion of title by an attorney
 3010  licensed to practice law in this state, or a copy thereof:
 3011         1. If a title insurance policy is issued, it must insure
 3012  the noninstitutional investor against the unmarketability of the
 3013  mortgagee’s interest in such title. It must also specify any
 3014  superior liens that exist against the property. If an opinion of
 3015  title is issued by an attorney licensed to practice law in this
 3016  state, the opinion must include a statement as to the
 3017  marketability of the title to the property described in the
 3018  mortgage and specify the priority of the mortgage being
 3019  purchased.
 3020         2. If the title insurance policy or opinion of title is not
 3021  available at the time of purchase, the licensee shall provide a
 3022  binder of the title insurance or conditional opinion of title.
 3023  This binder or opinion must include any conditions or
 3024  requirements needed to be corrected before prior to the issuance
 3025  of the final title policy or opinion of title. The binder or
 3026  opinion must also include information concerning the
 3027  requirements specified in subparagraph 1. Any conditions must be
 3028  eliminated or waived in writing by the investor before prior to
 3029  delivery to the noninstitutional investor. The policy or
 3030  opinion, or a copy thereof, shall be delivered to the investor
 3031  within a reasonable period of time, not exceeding 6 months,
 3032  after purchase.
 3033         3. The requirements of this paragraph may be waived in
 3034  writing. If the requirements are waived by the noninstitutional
 3035  investor, the waiver must include the following wording: “The
 3036  noninstitutional investor acknowledges that the mortgage lender
 3037  selling this mortgage loan is not providing a title insurance
 3038  policy or opinion of title issued by an attorney who is licensed
 3039  to practice law in the State of Florida. Any requirement for
 3040  title insurance or for a legal opinion of title is the sole
 3041  responsibility of the noninstitutional mortgage purchaser.”
 3042         (c) Provide, if the loan is other than a first mortgage, a
 3043  statement showing the balance owed by the mortgagor on any
 3044  existing mortgages prior to this investment and the status of
 3045  such existing mortgages.
 3046         (d) Provide a disclosure if the licensee is directly or
 3047  indirectly acting as a borrower or principal in the transaction.
 3048         (2) Each mortgage, or other instrument securing a note or
 3049  assignment thereof, must shall be recorded before being
 3050  delivered to the noninstitutional investor.
 3051         (3) Each mortgage and assignment shall be recorded as soon
 3052  as practical, but within no later than 30 business days after
 3053  the date of purchase.
 3054         (4) If the loan is to be serviced by a licensee under this
 3055  part ss. 494.006-494.0077 for a noninstitutional investor, there
 3056  shall be a written servicing agreement.
 3057         (5)The mortgage lender shall cause the original note to be
 3058  properly endorsed showing the assignment of the note to the
 3059  noninstitutional investor.
 3060         Section 56. Section 494.0077, Florida Statutes, is amended
 3061  to read:
 3062         494.0077 Other products and services.—This part does
 3063  Sections 494.006-494.0077 do not prohibit a mortgage lender from
 3064  offering, for a fee or commission, products and services in
 3065  addition to those offered in conjunction with making a mortage
 3066  loan.
 3067         Section 57. Section 501.1377, Florida Statutes, is amended
 3068  to read:
 3069         501.1377 Violations involving homeowners during the course
 3070  of residential foreclosure proceedings.—
 3071         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 3072  that homeowners who are in default on their mortgages, in
 3073  foreclosure, or at risk of losing their homes due to nonpayment
 3074  of taxes may be vulnerable to fraud, deception, and unfair
 3075  dealings with foreclosure-rescue consultants or equity
 3076  purchasers. The intent of this section is to provide a homeowner
 3077  with information necessary to make an informed decision
 3078  regarding the sale or transfer of his or her home to an equity
 3079  purchaser. It is the further intent of this section to require
 3080  that foreclosure-related rescue services agreements be expressed
 3081  in writing in order to safeguard homeowners against deceit and
 3082  financial hardship; to ensure, foster, and encourage fair
 3083  dealing in the sale and purchase of homes in foreclosure or
 3084  default; to prohibit representations that tend to mislead; to
 3085  prohibit or restrict unfair contract terms; to provide a
 3086  cooling-off period for homeowners who enter into contracts for
 3087  services related to saving their homes from foreclosure or
 3088  preserving their rights to possession of their homes; to afford
 3089  homeowners a reasonable and meaningful opportunity to rescind
 3090  sales to equity purchasers; and to preserve and protect home
 3091  equity for the homeowners of this state.
 3092         (2) DEFINITIONS.—As used in this section, the term:
 3093         (a) “Equity purchaser” means any person who acquires a
 3094  legal, equitable, or beneficial ownership interest in any
 3095  residential real property as a result of a foreclosure-rescue
 3096  transaction. The term does not apply to a person who acquires
 3097  the legal, equitable, or beneficial interest in such property:
 3098         1. By a certificate of title from a foreclosure sale
 3099  conducted under chapter 45;
 3100         2. At a sale of property authorized by statute;
 3101         3. By order or judgment of any court;
 3102         4. From a spouse, parent, grandparent, child, grandchild,
 3103  or sibling of the person or the person’s spouse; or
 3104         5. As a deed in lieu of foreclosure, a workout agreement, a
 3105  bankruptcy plan, or any other agreement between a foreclosing
 3106  lender and a homeowner.
 3107         (b)“Foreclosure-rescue consultant” means a person who
 3108  directly or indirectly makes a solicitation, representation, or
 3109  offer to a homeowner to provide or perform, in return for
 3110  payment of money or other valuable consideration, foreclosure
 3111  related rescue services. The term does not apply to:
 3112         1.A person excluded under s. 501.212.
 3113         2.A person acting under the express authority or written
 3114  approval of the United States Department of Housing and Urban
 3115  Development or other department or agency of the United States
 3116  or this state to provide foreclosure-related rescue services.
 3117         3.A charitable, not-for-profit agency or organization, as
 3118  determined by the United States Internal Revenue Service under
 3119  s. 501(c)(3) of the Internal Revenue Code, which offers
 3120  counseling or advice to an owner of residential real property in
 3121  foreclosure or loan default if the agency or organization does
 3122  not contract for foreclosure-related rescue services with a for
 3123  profit lender or person facilitating or engaging in foreclosure
 3124  rescue transactions.
 3125         4.A person who holds or is owed an obligation secured by a
 3126  lien on any residential real property in foreclosure if the
 3127  person performs foreclosure-related rescue services in
 3128  connection with this obligation or lien and the obligation or
 3129  lien was not the result of or part of a proposed foreclosure
 3130  reconveyance or foreclosure-rescue transaction.
 3131         5.A financial institution as defined in s. 655.005 and any
 3132  parent or subsidiary of the financial institution or of the
 3133  parent or subsidiary.
 3134         6.A licensed mortgage broker, mortgage lender, or
 3135  correspondent mortgage lender that provides mortgage counseling
 3136  or advice regarding residential real property in foreclosure,
 3137  which counseling or advice is within the scope of services set
 3138  forth in chapter 494 and is provided without payment of money or
 3139  other consideration other than a mortgage brokerage fee as
 3140  defined in s. 494.001.
 3141         (c)“Foreclosure-related rescue services” means any good or
 3142  service related to, or promising assistance in connection with:
 3143         1.Stopping, avoiding, or delaying foreclosure proceedings
 3144  concerning residential real property; or
 3145         2.Curing or otherwise addressing a default or failure to
 3146  timely pay with respect to a residential mortgage loan
 3147  obligation.
 3148         (b)(d) “Foreclosure-rescue transaction” means a
 3149  transaction:
 3150         1. By which residential real property in foreclosure is
 3151  conveyed to an equity purchaser and the homeowner maintains a
 3152  legal or equitable interest in the residential real property
 3153  conveyed, including, without limitation, a lease option
 3154  interest, an option to acquire the property, an interest as
 3155  beneficiary or trustee to a land trust, or other interest in the
 3156  property conveyed; and
 3157         2. That is designed or intended by the parties to stop,
 3158  avoid, or delay foreclosure proceedings against a homeowner’s
 3159  residential real property.
 3160         (c)(e) “Homeowner” means any record title owner of
 3161  residential real property that is the subject of foreclosure
 3162  proceedings.
 3163         (d)(f) “Residential real property” means real property
 3164  consisting of one-family to four-family dwelling units, one of
 3165  which is occupied by the owner as his or her principal place of
 3166  residence.
 3167         (e)(g) “Residential real property in foreclosure” means
 3168  residential real property against which there is an outstanding
 3169  notice of the pendency of foreclosure proceedings recorded
 3170  pursuant to s. 48.23.
 3171         (3)PROHIBITED ACTS.—In the course of offering or providing
 3172  foreclosure-related rescue services, a foreclosure-rescue
 3173  consultant may not:
 3174         (a)Engage in or initiate foreclosure-related rescue
 3175  services without first executing a written agreement with the
 3176  homeowner for foreclosure-related rescue services; or
 3177         (b)Solicit, charge, receive, or attempt to collect or
 3178  secure payment, directly or indirectly, for foreclosure-related
 3179  rescue services before completing or performing all services
 3180  contained in the agreement for foreclosure-related rescue
 3181  services.
 3182         (4)FORECLOSURE-RELATED RESCUE SERVICES; WRITTEN
 3183  AGREEMENT.—
 3184         (a)The written agreement for foreclosure-related rescue
 3185  services must be printed in at least 12-point uppercase type and
 3186  signed by both parties. The agreement must include the name and
 3187  address of the person providing foreclosure-related rescue
 3188  services, the exact nature and specific detail of each service
 3189  to be provided, the total amount and terms of charges to be paid
 3190  by the homeowner for the services, and the date of the
 3191  agreement. The date of the agreement may not be earlier than the
 3192  date the homeowner signed the agreement. The foreclosure-rescue
 3193  consultant must give the homeowner a copy of the agreement to
 3194  review not less than 1 business day before the homeowner is to
 3195  sign the agreement.
 3196         (b)The homeowner has the right to cancel the written
 3197  agreement without any penalty or obligation if the homeowner
 3198  cancels the agreement within 3 business days after signing the
 3199  written agreement. The right to cancel may not be waived by the
 3200  homeowner or limited in any manner by the foreclosure-rescue
 3201  consultant. If the homeowner cancels the agreement, any payments
 3202  that have been given to the foreclosure-rescue consultant must
 3203  be returned to the homeowner within 10 business days after
 3204  receipt of the notice of cancellation.
 3205         (c)An agreement for foreclosure-related rescue services
 3206  must contain, immediately above the signature line, a statement
 3207  in at least 12-point uppercase type that substantially complies
 3208  with the following:
 3209                  HOMEOWNERS RIGHT OF CANCELLATION                
 3210  
 3211         YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED
 3212  RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3
 3213  BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY
 3214  YOU.
 3215         THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM
 3216  ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU
 3217  UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU
 3218  HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST
 3219  BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE
 3220  CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.
 3221         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 3222  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 3223  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
 3224  LATER THAN MIDNIGHT OF ...(DATE)....
 3225         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER
 3226  OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR LENDER
 3227  OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN
 3228  OR A RESTRUCTURING WITH YOU FREE OF CHARGE.
 3229         (d)The inclusion of the statement does not prohibit the
 3230  foreclosure-rescue consultant from giving the homeowner more
 3231  time in which to cancel the agreement than is set forth in the
 3232  statement, provided all other requirements of this subsection
 3233  are met.
 3234         (e)The foreclosure-rescue consultant must give the
 3235  homeowner a copy of the signed agreement within 3 hours after
 3236  the homeowner signs the agreement.
 3237         (3)(5) FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.—
 3238         (a)1. A foreclosure-rescue transaction must include a
 3239  written agreement prepared in at least 12-point uppercase type
 3240  that is completed, signed, and dated by the homeowner and the
 3241  equity purchaser before executing any instrument from the
 3242  homeowner to the equity purchaser quitclaiming, assigning,
 3243  transferring, conveying, or encumbering an interest in the
 3244  residential real property in foreclosure. The equity purchaser
 3245  must give the homeowner a copy of the completed agreement within
 3246  3 hours after the homeowner signs the agreement.
 3247         1. The agreement must contain the entire understanding of
 3248  the parties and must include:
 3249         a. The name, business address, and telephone number of the
 3250  equity purchaser.
 3251         b. The street address and full legal description of the
 3252  property.
 3253         c. Clear and conspicuous disclosure of any financial or
 3254  legal obligations of the homeowner which that will be assumed by
 3255  the equity purchaser.
 3256         d. The total consideration to be paid by the equity
 3257  purchaser in connection with or incident to the acquisition of
 3258  the property by the equity purchaser.
 3259         e. The terms of payment or other consideration, including,
 3260  but not limited to, any services that the equity purchaser
 3261  represents will be performed for the homeowner before or after
 3262  the sale.
 3263         f. The date and time when possession of the property is to
 3264  be transferred to the equity purchaser.
 3265         2. A foreclosure-rescue transaction agreement must contain,
 3266  above the signature line, a statement in at least 12-point
 3267  uppercase type that substantially complies with the following:
 3268  
 3269         I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY
 3270         HOME TO THE OTHER UNDERSIGNED PARTY.
 3271         3. A foreclosure-rescue transaction agreement must state
 3272  the specifications of any option or right to repurchase the
 3273  residential real property in foreclosure, including the specific
 3274  amounts of any escrow payments or deposit, down payment,
 3275  purchase price, closing costs, commissions, or other fees or
 3276  costs.
 3277         4. A foreclosure-rescue transaction agreement must comply
 3278  with all applicable provisions of 15 U.S.C. ss. 1600 et seq. and
 3279  related regulations.
 3280         (b) The homeowner may cancel the foreclosure-rescue
 3281  transaction agreement without penalty if the homeowner notifies
 3282  the equity purchaser of such cancellation no later than 5 p.m.
 3283  on the 3rd business day after signing the written agreement. Any
 3284  moneys paid by the equity purchaser to the homeowner or by the
 3285  homeowner to the equity purchaser must be returned at
 3286  cancellation. The right to cancel does not limit or otherwise
 3287  affect the homeowner’s right to cancel the transaction under any
 3288  other law. The right to cancel may not be waived by the
 3289  homeowner or limited in any way by the equity purchaser. The
 3290  equity purchaser must give the homeowner, at the time the
 3291  written agreement is signed, a notice of the homeowner’s right
 3292  to cancel the foreclosure-rescue transaction as set forth in
 3293  this subsection. The notice, which must be set forth on a
 3294  separate cover sheet to the written agreement that contains no
 3295  other written or pictorial material, must be in at least 12
 3296  point uppercase type, double-spaced, and read as follows:
 3297                   NOTICE TO THE HOMEOWNER/SELLER                  
 3298  
 3299         PLEASE READ THIS FORM COMPLETELY AND CAREFULLY. IT CONTAINS
 3300  VALUABLE INFORMATION REGARDING CANCELLATION RIGHTS.
 3301         BY THIS CONTRACT, YOU ARE AGREEING TO SELL YOUR HOME. YOU
 3302  MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE 5:00 P.M. OF THE
 3303  THIRD BUSINESS DAY FOLLOWING RECEIPT OF THIS NOTICE.
 3304         THIS CANCELLATION RIGHT MAY NOT BE WAIVED IN ANY MANNER BY
 3305  YOU OR BY THE PURCHASER.
 3306         ANY MONEY PAID DIRECTLY TO YOU BY THE PURCHASER MUST BE
 3307  RETURNED TO THE PURCHASER AT CANCELLATION. ANY MONEY PAID BY YOU
 3308  TO THE PURCHASER MUST BE RETURNED TO YOU AT CANCELLATION.
 3309         TO CANCEL, SIGN THIS FORM AND RETURN IT TO THE PURCHASER BY
 3310  5:00 P.M. ON ...(DATE)... AT ...(ADDRESS).... IT IS BEST TO MAIL
 3311  IT BY CERTIFIED MAIL OR OVERNIGHT DELIVERY, RETURN RECEIPT
 3312  REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM AND YOUR
 3313  POST OFFICE RECEIPT.
 3314         I (we) hereby cancel this transaction.
 3315  ...Seller’s Signature...
 3316  ...Printed Name of Seller...
 3317  ...Seller’s Signature...
 3318  ...Printed Name of Seller...
 3319  ...Date...
 3320         (c) In any foreclosure-rescue transaction in which the
 3321  homeowner has is provided the right to repurchase the
 3322  residential real property, the homeowner has a 30-day right to
 3323  cure any default of the terms of the contract with the equity
 3324  purchaser, and this right to cure may be exercised on up to
 3325  three separate occasions. The homeowner’s right to cure must be
 3326  included in any written agreement required by this subsection.
 3327         (d) In any foreclosure-rescue transaction, before or at the
 3328  time of conveyance, the equity purchaser must fully assume or
 3329  discharge any lien in foreclosure as well as any prior liens
 3330  that are will not be extinguished by the foreclosure.
 3331         (e) If the homeowner has the right to repurchase the
 3332  residential real property, the equity purchaser must verify and
 3333  be able to demonstrate that the homeowner has or will have a
 3334  reasonable ability to make the required payments to exercise the
 3335  option to repurchase under the written agreement. For purposes
 3336  of this subsection, there is a rebuttable presumption that the
 3337  homeowner has a reasonable ability to make the payments required
 3338  to repurchase the property if the homeowner’s monthly payments
 3339  for primary housing expenses and regular monthly principal and
 3340  interest payments on other personal debt do not exceed 60
 3341  percent of the homeowner’s monthly gross income.
 3342         (f) If the homeowner has the right to repurchase the
 3343  residential real property, the price the homeowner pays may not
 3344  be unconscionable, unfair, or commercially unreasonable. A
 3345  rebuttable presumption, solely between the equity purchaser and
 3346  the homeowner, arises that the foreclosure-rescue transaction
 3347  was unconscionable if the homeowner’s repurchase price is
 3348  greater than 17 percent per annum more than the total amount
 3349  paid by the equity purchaser to acquire, improve, maintain, and
 3350  hold the property. Unless the repurchase agreement or a
 3351  memorandum of the repurchase agreement is recorded in accordance
 3352  with s. 695.01, the presumption does arising under this
 3353  subsection shall not apply against creditors or subsequent
 3354  purchasers for a valuable consideration and without notice.
 3355         (4)(6) REBUTTABLE PRESUMPTION.—Any foreclosure-rescue
 3356  transaction involving a lease option or other repurchase
 3357  agreement creates a rebuttable presumption, solely between the
 3358  equity purchaser and the homeowner, that the transaction is a
 3359  loan transaction and the conveyance from the homeowner to the
 3360  equity purchaser is a mortgage under s. 697.01. Unless the lease
 3361  option or other repurchase agreement, or a memorandum of the
 3362  lease option or other repurchase agreement, is recorded in
 3363  accordance with s. 695.01, the presumption does created under
 3364  this subsection shall not apply against creditors or subsequent
 3365  purchasers for a valuable consideration and without notice.
 3366         (5)(7) VIOLATIONS.—A person who violates any provision of
 3367  this section commits an unfair and deceptive trade practice as
 3368  defined in part II of this chapter. Violators are subject to the
 3369  penalties and remedies provided in part II of this chapter,
 3370  including a monetary penalty not to exceed $15,000 per
 3371  violation.
 3372         Section 58. Effective October 1, 2009:
 3373         (1)All mortgage business school permits issued pursuant to
 3374  s. 494.0029, Florida Statutes, expire on September 30, 2010.
 3375         (2)All mortgage brokerage business licenses issued before
 3376  October 1, 2010, pursuant to s. 494.0031 or s. 494.0032, Florida
 3377  Statutes, expire on December 31, 2010. However, if a person
 3378  holding an active mortgage brokerage business license issued
 3379  before October 1, 2010, applies for a mortgage broker license
 3380  through the Nationwide Mortgage Licensing System and Registry
 3381  between October 1, 2010, and December 31, 2010, the mortgage
 3382  brokerage business license does not expire until the Office of
 3383  Financial Regulation approves or denies the mortgage broker
 3384  license application. A mortgage broker license approved on or
 3385  after October 1, 2010, is effective until December 31, 2011.
 3386  Application fees may not be prorated for partial years of
 3387  licensure.
 3388         (3)All mortgage broker licenses issued before October 1,
 3389  2010, pursuant to s. 494.0033 or s. 494.0034, Florida Statutes,
 3390  expire on December 31, 2010. However, if a person holding an
 3391  active mortgage broker license issued before October 1, 2010,
 3392  applies for a loan originator license through the Nationwide
 3393  Mortgage Licensing System and Registry between October 1, 2010,
 3394  and December 31, 2010, the mortgage broker license does not
 3395  expire until the Office of Financial Regulation approves or
 3396  denies the loan originator license application. Notwithstanding
 3397  s. 120.60, Florida Statutes, for mortgage broker applications
 3398  submitted between July 1, 2009, and December 31, 2009, or loan
 3399  originator applications submitted between October 1, 2010, and
 3400  December 31, 2010, the office has 60 days to notify the
 3401  applicant of any apparent errors or omissions in an application
 3402  and to request any additional information that the agency may
 3403  require, and the office has 180 days to approve or deny a
 3404  completed application. Application fees may not be prorated for
 3405  partial years of licensure.
 3406         (4)All mortgage lender licenses issued before October 1,
 3407  2010, pursuant to s. 494.0061 or 494.0064, Florida Statutes,
 3408  expire on December 31, 2010. However, if a person holding an
 3409  active mortgage lender license applies for a mortgage broker
 3410  license or mortgage lender license through the Nationwide
 3411  Mortgage Licensing System and Registry between October 1, 2010,
 3412  and December 31, 2010, the mortgage lender license does not
 3413  expire until the Office of Financial Regulation approves or
 3414  denies the mortgage broker license or mortgage lender license
 3415  application. Application fees may not be prorated for partial
 3416  years of licensure.
 3417         (5)All mortgage lender licenses issued before October 1,
 3418  2010, pursuant to s. 494.0065 or s. 494.0064, Florida Statutes,
 3419  expire on December 31, 2010. However, if a person holding such
 3420  license applies for a mortgage broker license or mortgage lender
 3421  license through the Nationwide Mortgage Licensing System and
 3422  Registry between October 1, 2010, and December 31, 2010, the
 3423  mortgage lender license does not expire until the Office of
 3424  Financial Regulation approves or denies the mortgage broker
 3425  license or mortgage lender license application. Application fees
 3426  may not be prorated for partial years of licensure.
 3427         (6)All correspondent mortgage lender licenses issued
 3428  before October 1, 2010, pursuant to s. 494.0062 or s. 494.0064,
 3429  Florida Statutes, expire on on December 31, 2010. However, if a
 3430  person holding an active correspondent mortgage lender license
 3431  issued before October 1, 2010, applies for a mortgage broker or
 3432  mortgage lender license through the Nationwide Mortgage
 3433  Licensing System and Registry between October 1, 2010, and
 3434  December 31, 2010, the correspondent mortgage lender license
 3435  does not expire until the Office of Financial Regulation
 3436  approves or denies the mortgage broker or mortgage lender
 3437  license application. Application fees may not be prorated for
 3438  partial years of licensure.
 3439         Section 59. Except as otherwise expressly provided in this
 3440  act and except for this section, which shall take effect July 1,
 3441  2009, this act shall take effect January 1, 2010.