Florida Senate - 2009                      CS for CS for SB 2226
       
       
       
       By the Committees on Judiciary; Banking and Insurance; and
       Banking and Insurance; and Senator Fasano
       
       
       
       590-05330-09                                          20092226c2
    1                        A bill to be entitled                      
    2         An act relating to mortgage brokering and mortgage
    3         lending; amending s. 494.001, F.S.; redefining terms,
    4         defining new terms, and deleting terms; amending s.
    5         494.0011, F.S.; authorizing the Financial Services
    6         Commission to adopt rules relating to compliance with
    7         the S.A.F.E. Mortgage Licensing Act of 2008; requiring
    8         the commission to adopt rules establishing time
    9         periods for barring licensure for certain misdemeanors
   10         and felonies; authorizing the Office of Financial
   11         Regulation to participate in the Nationwide Mortgage
   12         Licensing System and Registry; creating s. 494.00115,
   13         F.S.; providing exemptions from part I, II, and III of
   14         ch. 494, F.S., relating to the licensing and
   15         regulation of loan originators, mortgage brokers, and
   16         mortgage lenders; creating s. 494.00135, F.S.;
   17         providing for the issuance of subpoenas; amending s.
   18         494.0014, F.S.; revising provisions relating to the
   19         refund of fees; deleting an obsolete provision;
   20         amending s. 494.00165, F.S.; prohibiting unfair and
   21         deceptive advertising relating to mortgage brokering
   22         and lending; repealing s. 494.0017, F.S., relating to
   23         claims paid from the Regulatory Trust Fund; creating
   24         s. 494.00172, F.S.; providing for a $20 fee to be
   25         assessed against loan originators and a $100 fee to be
   26         assessed against mortgage brokers and lenders at the
   27         time of license application or renewal; providing that
   28         such fees shall be deposited into the Mortgage
   29         Guaranty Trust Fund and used to pay claims against
   30         licensees; providing for a cap on the amount collected
   31         and deposited; providing requirements for seeking
   32         recovery from the trust fund; providing limitations on
   33         the amount paid; providing for the assignment of
   34         certain rights to the office; providing that payment
   35         for a claim is prima facie grounds for the revocation
   36         of a license; amending s. 494.0018, F.S.; conforming
   37         cross-references; amending ss. 494.0019 and 494.002,
   38         F.S.; conforming terms; amending s. 494.0023, F.S.;
   39         deleting the statutory disclosure form and revising
   40         the disclosure that must be provided to a borrower in
   41         writing; providing that there is a conflicting
   42         interest if a licensee or the licensee’s relatives
   43         have a 1 percent or more interest in the person
   44         providing additional products or services; authorizing
   45         the commission to adopt rules; amending s. 494.0025,
   46         F.S.; prohibiting the alteration, withholding,
   47         concealment, or destruction of records relevant to
   48         regulated activities; creating s. 494.255, F.S.;
   49         providing for license violations and administrative
   50         penalties; authorizing a fine of $1,000 for each day
   51         of unlicensed activity up to $25,000; amending s.
   52         494.0026, F.S.; conforming cross-references; amending
   53         s. 494.0028, F.S.; conforming terms; repealing ss.
   54         494.0029 and 494.00295, F.S., relating to mortgage
   55         business schools and continuing education
   56         requirements; creating s. 494.00296, F.S.; providing
   57         for loan modification services; prohibiting certain
   58         related acts by a mortgage broker, mortgage brokerage
   59         business, correspondent mortgage lender, or mortgage
   60         lender; providing for a loan modification agreement
   61         and for the inclusion of a borrower’s right of
   62         cancellation statement; providing remedies; amending
   63         s. 494.00295, F.S.; deleting references to a mortgage
   64         brokerage business and a correspondent mortgage
   65         lender, and adding reference to a loan originator;
   66         providing a directive to the Division of Statutory
   67         Revision; repealing s. 494.003, F.S., relating to
   68         exemptions from mortgage broker licensing and
   69         regulation; repealing s. 494.0031, F.S., relating to
   70         licensure as a mortgage brokerage business; creating
   71         s. 494.00312, F.S.; providing for the licensure of
   72         loan originators; providing license application
   73         requirements; providing grounds for license denial
   74         based on a failure to demonstrate character, general
   75         fitness, or financial responsibility sufficient to
   76         command community confidence; requiring the denial of
   77         a license under certain circumstances; requiring
   78         licenses to be renewed annually by a certain date;
   79         creating s. 494.00313, F.S.; providing for the renewal
   80         of a loan originator license; repealing s. 494.0032,
   81         F.S., relating to renewal of a mortgage brokerage
   82         business license or branch office license; creating s.
   83         494.00321, F.S.; providing for the licensure of
   84         mortgage brokers; providing license application
   85         requirements; providing grounds for license denial
   86         based on a failure to demonstrate character, general
   87         fitness, or financial responsibility sufficient to
   88         command community confidence; requiring the denial of
   89         a license under certain circumstances; requiring
   90         licenses to be renewed by a certain date; creating s.
   91         494.00322, F.S.; providing for the annual renewal of a
   92         mortgage broker license; providing license renewal
   93         requirements; repealing s. 494.0033, F.S., relating to
   94         a mortgage broker license; amending s. 494.00331,
   95         F.S.; requiring a loan originator to be an employee or
   96         independent contractor for a mortgage broker or
   97         mortgage lender; repealing s. 494.0034, F.S., relating
   98         to renewal of mortgage broker license; amending s.
   99         494.0035, F.S.; providing for the management of a
  100         mortgage broker by a principal loan originator and a
  101         branch office by a loan originator; providing minimum
  102         requirements; amending s. 494.0036, F.S.; revising
  103         provisions relating to the licensure of a mortgage
  104         broker’s branch office; amending s. 494.0038, F.S.;
  105         revising provisions relating to loan origination and
  106         mortgage broker fees; amending s. 494.0039, F.S.;
  107         conforming terms; amending s. 494.004, F.S.; revising
  108         provisions relating to licensees; providing for
  109         registry requirements; deleting obsolete provisions;
  110         repealing s. 494.0041, F.S., relating to license
  111         violations and administrative penalties; providing
  112         additional grounds for assessing fines and penalties;
  113         amending s. 494.0042, F.S.; providing for loan
  114         origination fees; conforming terms; amending ss.
  115         494.00421 and 494.0043, F.S.; conforming terms;
  116         repealing s. 494.006, F.S., relating to mortgage
  117         lender licensing and regulation; repealing s.
  118         494.0061, F.S., relating to mortgage lender license
  119         requirements; creating s. 494.00611, F.S.; providing
  120         for the licensure of mortgage lenders; providing
  121         license application requirements; providing grounds
  122         for license denial based on a failure to demonstrate
  123         character, general fitness, or financial
  124         responsibility sufficient to command community
  125         confidence; requiring the denial of a license under
  126         certain circumstances; requiring licenses to be
  127         renewed annually by a certain date; creating s.
  128         494.00612, F.S.; providing for the renewal of a
  129         mortgage lender license; repealing s. 494.0062, F.S.,
  130         relating to correspondent mortgage lender license
  131         requirements; amending s. 494.0063, F.S.; requiring a
  132         mortgage lender to obtain an annual financial audit
  133         report and submit a copy to the office within certain
  134         time periods; repealing s. 494.0064, F.S., relating to
  135         renewal of mortgage lender license; repealing s.
  136         494.0065, F.S., relating to certain licenses and
  137         registrations that were converted into mortgage lender
  138         licenses; amending s. 494.0066, F.S.; revising
  139         provisions relating to a mortgage lender branch office
  140         license; creating s. 494.00665, F.S.; providing for a
  141         principal loan originator and branch manager for a
  142         mortgage lender; providing requirements and
  143         limitations; amending s. 494.0067, F.S.; revising
  144         requirements of mortgage lenders; providing for
  145         registry requirements; deleting obsolete provisions;
  146         providing for servicing agreements; amending ss.
  147         494.0068, 494.0069, 494.007, and 494.0071, F.S.;
  148         conforming terms; repealing s. 494.0072, F.S.,
  149         relating to license violations and administrative
  150         penalties; amending ss. 494.00721, 494.0073, 494.0075,
  151         494.0076, 494.0077, and 501.1377 F.S.; redefining
  152         terms and conforming cross-references; amending ss.
  153         201.23, 420.507, 520.52, 520.63, 607.0505, and 687.12,
  154         F.S.; conforming cross-references; providing for the
  155         termination of mortgage business school licenses;
  156         providing for the expiration of mortgage brokerage
  157         business licenses, mortgage broker licenses, and
  158         correspondent mortgage lender licenses; providing
  159         requirements for applying for a loan originator,
  160         mortgage broker and mortgage lender license by a
  161         certain date; providing effective dates.
  162  
  163  
  164  Be It Enacted by the Legislature of the State of Florida:
  165  
  166         Section 1. Section 494.001, Florida Statutes, is amended to
  167  read:
  168         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  169  term:
  170         (1) “Act as a correspondent mortgage lender” means to make
  171  a mortgage loan.
  172         (2) “Act as a loan originator” means being employed by a
  173  mortgage lender or correspondent mortgage lender, for
  174  compensation or gain or in the expectation of compensation or
  175  gain, to negotiate, offer to negotiate, or assist any licensed
  176  or exempt entity in negotiating the making of a mortgage loan,
  177  including, but not limited to, working with a licensed or exempt
  178  entity to structure a loan or discussing terms and conditions
  179  necessary for the delivery of a loan product. A natural person
  180  whose activities are ministerial and clerical, which may include
  181  quoting available interest rates, is not acting as a loan
  182  originator.
  183         (3) “Act as a mortgage broker” means, for compensation or
  184  gain, or in the expectation of compensation or gain, either
  185  directly or indirectly, accepting or offering to accept an
  186  application for a mortgage loan, soliciting or offering to
  187  solicit a mortgage loan on behalf of a borrower, negotiating or
  188  offering to negotiate the terms or conditions of a mortgage loan
  189  on behalf of a lender, or negotiating or offering to negotiate
  190  the sale of an existing mortgage loan to a noninstitutional
  191  investor. An employee whose activities are ministerial and
  192  clerical, which may include quoting available interest rates or
  193  loan terms and conditions, is not acting as a mortgage broker.
  194         (4) “Act as a mortgage lender” means to make a mortgage
  195  loan or to service a mortgage loan for others or, for
  196  compensation or gain, or in the expectation of compensation or
  197  gain, either directly or indirectly, to sell or offer to sell a
  198  mortgage loan to a noninstitutional investor.
  199         (5) “Associate” means a person required to be licensed as a
  200  mortgage broker under this chapter who is employed by or acting
  201  as an independent contractor for a mortgage brokerage business
  202  or a person acting as an independent contractor for a mortgage
  203  lender or correspondent mortgage lender. The use of the term
  204  associate, in contexts other than in the administration of ss.
  205  494.003-494.0077, shall not be construed to impose or effect the
  206  common-law or statutory liability of the employer.
  207         (1)“Borrower” means a person obligated to repay a mortgage
  208  loan and includes, but is not limited to, a coborrower,
  209  cosignor, or guarantor.
  210         (2)(6) “Branch manager broker” means the licensed loan
  211  originator licensee in charge of, and responsible for, the
  212  operation of the a branch office of a mortgage broker or
  213  mortgage lender brokerage business.
  214         (3)(7) “Branch office” means a location, other than a
  215  mortgage broker’s or mortgage lender’s licensee’s principal
  216  place of business:
  217         (a) The address of which appears on business cards,
  218  stationery, or advertising used by the licensee in connection
  219  with business conducted under this chapter;
  220         (b) At which the licensee’s name, advertising or
  221  promotional materials, or signage suggests suggest that mortgage
  222  loans are originated, negotiated, funded, or serviced; or
  223         (c) At which, due to the actions of any employee or
  224  associate of the licensee, may be construed by the public as a
  225  branch office of the licensee where mortgage loans are
  226  originated, negotiated, funded, or serviced by a licensee.
  227         (4)(8) “Commission” means the Financial Services
  228  Commission.
  229         (5)(9) “Control person” means an individual, partnership,
  230  corporation, trust, or other organization that possesses the
  231  power, directly or indirectly, to direct the management or
  232  policies of a company, whether through ownership of securities,
  233  by contract, or otherwise. The term includes, but is not limited
  234  to A person is presumed to control a company if, with respect to
  235  a particular company, that person:
  236         (a) A company’s executive officers, including the
  237  president, chief executive officer, chief financial officer,
  238  chief operations officer, chief legal officer, chief compliance
  239  officer, director, and other individuals having similar status
  240  or functions.
  241         (b) For a corporation, each shareholder that, directly or
  242  indirectly, owns 10 percent or more or that has the power to
  243  vote 10 percent or more, of a class of voting securities unless
  244  the applicant is a publicly traded company.
  245         (c)For a partnership, all general partners and limited or
  246  special partners that have contributed 10 percent or more or
  247  that have the right to receive, upon dissolution, 10 percent or
  248  more of the partnership’s capital.
  249         (d)For a trust, each trustee.
  250         (e)For a limited liability company, all elected managers
  251  and those members that have contributed 10 percent or more or
  252  that have the right to receive, upon dissolution, 10 percent or
  253  more of the partnership’s capital.
  254         (f)Principal loan originators.
  255         (6)“Credit report” means any written, oral, or other
  256  information obtained from a consumer reporting agency as
  257  described in the federal Fair Credit Reporting Act, which bears
  258  on an individual’s credit worthiness, credit standing, or credit
  259  capacity. A credit score alone, as calculated by the reporting
  260  agency, is not considered a credit report.
  261         (7)“Credit score” means a score, grade, or value that is
  262  derived by using data from a credit report in any type of model,
  263  method, or program, whether electronically, in an algorithm, in
  264  a computer software or program, or by any other process for the
  265  purpose of grading or ranking credit report data.
  266         (8)“Depository institution” has the same meaning as in s.
  267  (3)(c) of the Federal Deposit Insurance Act, and includes any
  268  credit union.
  269         (a) Is a director, general partner, or officer exercising
  270  executive responsibility or having similar status or functions;
  271         (b) Directly or indirectly may vote 10 percent or more of a
  272  class of voting securities or sell or direct the sale of 10
  273  percent or more of a class of voting securities; or
  274         (c) In the case of a partnership, may receive upon
  275  dissolution or has contributed 10 percent or more of the
  276  capital.
  277         (10) “Office” means the Office of Financial Regulation of
  278  the commission.
  279         (11) “Employed” means engaged in the service of another for
  280  salary or wages subject to withholding, FICA, or other lawful
  281  deductions by the employer as a condition of employment.
  282         (12) “Employee” means a natural person who is employed and
  283  who is subject to the right of the employer to direct and
  284  control the actions of the employee.
  285         (13) “Good standing” means that the registrant or licensee,
  286  or a subsidiary or affiliate thereof, is not, at the time of
  287  application, being penalized for one or more of the following
  288  disciplinary actions by a licensing authority of any state,
  289  territory, or country:
  290         (a) Revocation of a license or registration.
  291         (b) Suspension of a license or registration.
  292         (c) Probation of a license or registration for an offense
  293  involving fraud, dishonest dealing, or an act of moral
  294  turpitude.
  295         (9)“Financial audit report” means a report prepared in
  296  connection with a financial audit that is conducted in
  297  accordance with generally accepted auditing standards prescribed
  298  by the American Institute of Certified Public Accountants by a
  299  certified public accountant licensed to do business in the
  300  United States, and which must include:
  301         (a)Financial statements, including notes related to the
  302  financial statements and required supplementary information,
  303  prepared in conformity with United States generally accepted
  304  accounting principles.
  305         (b)An expression of opinion regarding whether the
  306  financial statements are presented in conformity with United
  307  States generally accepted accounting principles, or an assertion
  308  to the effect that such an opinion cannot be expressed and the
  309  reasons.
  310         (10)(14) “Institutional investor” means a depository
  311  institution state or national bank, state or federal savings and
  312  loan association or savings bank, real estate investment trust,
  313  insurance company, real estate company, accredited investor as
  314  defined in 17 C.F.R. ss. 230.501 et seq., mortgage broker or
  315  mortgage lender business licensed under this chapter ss.
  316  494.001-494.0077, or other business entity that invests in
  317  mortgage loans, including a secondary mortgage market
  318  institution including, without limitation, the Federal National
  319  Mortgage Association, the Federal Home Loan Mortgage
  320  Corporation, and the Government National Mortgage Association,
  321  conduits, investment bankers, and any subsidiary of such
  322  entities.
  323         (11)(15) “Loan commitment” or “commitment” means a
  324  statement by the lender setting forth the terms and conditions
  325  upon which the lender is willing to make a particular mortgage
  326  loan to a particular borrower.
  327         (12)“Loan modification” means a modification to an
  328  existing loan. The term does not include a refinancing
  329  transaction.
  330         (13)“Loan origination fee” means the total compensation
  331  from any source received by a mortgage broker acting as a loan
  332  originator. Any payment for processing mortgage loan
  333  applications must be included in the fee and must be paid to the
  334  mortgage broker.
  335         (14)“Loan originator” means an individual who, directly or
  336  indirectly, solicits or offers to solicit a mortgage loan,
  337  accepts or offers to accept an application for a mortgage loan,
  338  negotiates or offers to negotiate the terms or conditions of a
  339  new or existing mortgage loan on behalf of a borrower or lender,
  340  processes a mortgage loan application, or negotiates or offers
  341  to negotiate the sale of an existing mortgage loan to a
  342  noninstitutional investor for compensation or gain. The term
  343  includes the activities of a loan originator as that term is
  344  defined in the S.A.F.E. Mortgage Licensing Act of 2008, and an
  345  individual acting as a loan originator pursuant to that
  346  definition is acting as a loan originator for purposes of this
  347  definition. The term does not include an employee of a mortgage
  348  broker or mortgage lender who performs only administrative or
  349  clerical tasks, including quoting available interest rates,
  350  physically handling a completed application form, or
  351  transmitting a completed form to a lender on behalf of a
  352  prospective borrower.
  353         (15)(16) “Lock-in agreement” means an agreement whereby the
  354  lender guarantees for a specified number of days or until a
  355  specified date the availability of a specified rate of interest
  356  or specified formula by which the rate of interest will be
  357  determined or and/or specific number of discount points will be
  358  given, if the loan is approved and closed within the stated
  359  period of time.
  360         (16)(17) “Making Make a mortgage loan” means closing to
  361  close a mortgage loan in a person’s name, advancing or to
  362  advance funds, offering offer to advance funds, or making make a
  363  commitment to advance funds to an applicant for a mortgage loan.
  364         (17)“Material change” means a change that would be
  365  important to a reasonable borrower in making a borrowing
  366  decision, and includes a change in the interest rate previously
  367  offered a borrower, a change in the type of loan offered to a
  368  borrower, or a change in fees to be charged to a borrower
  369  resulting in total fees greater than $100.
  370         (18)“Mortgage broker” means a person conducting loan
  371  originator activities through one or more licensed loan
  372  originators employed by the mortgage broker or as independent
  373  contractors to the mortgage broker.
  374         (18) “Mortgage brokerage fee” means a fee received for
  375  acting as a mortgage broker.
  376         (19) “Mortgage brokerage business” means a person acting as
  377  a mortgage broker.
  378         (19)“Mortgage lender” means a person making a mortgage
  379  loan or servicing a mortgage loan for others, or, for
  380  compensation or gain, directly or indirectly, selling or
  381  offering to sell a mortgage loan to a noninstitutional investor.
  382         (20)(20) “Mortgage loan” means any:
  383         (a) Residential mortgage loan primarily for personal,
  384  family, or household use which is secured by a mortgage, deed of
  385  trust, or other equivalent consensual security interest on a
  386  dwelling, as defined in s. 103(v) of the federal Truth in
  387  Lending Act, or for the purchase of residential real estate upon
  388  which a dwelling is to be constructed;
  389         (b) Loan on commercial real property if the borrower is an
  390  individual a natural person or the lender is a noninstitutional
  391  investor; or
  392         (c) Loan on improved real property consisting of five or
  393  more dwelling units if the borrower is an individual a natural
  394  person or the lender is a noninstitutional investor.
  395         (21)“Mortgage loan application” means the submission of a
  396  borrower’s financial information in anticipation of a credit
  397  decision, which includes the borrower’s name, the borrower’s
  398  monthly income, the borrower’s social security number to obtain
  399  a credit report, the property address, an estimate of the value
  400  of the property, the mortgage loan amount sought, and any other
  401  information deemed necessary by the loan originator. An
  402  application may be in writing or electronically submitted,
  403  including a written record of an oral application.
  404         (22)(21) “Net worth” means total assets minus total
  405  liabilities pursuant to United States generally accepted
  406  accounting principles.
  407         (23)(22) “Noninstitutional investor” means an investor
  408  other than an institutional investor.
  409         (23) “Nonresidential mortgage loan” means a mortgage loan
  410  other than a residential mortgage loan.
  411         (24) “Office” means the Office of Financial Regulation.
  412         (25)(24) “Person” has the same meaning as in s. 1.01 means
  413  an individual, partnership, corporation, association, or other
  414  group, however organized.
  415         (25) “Principal broker” means a licensee in charge of, and
  416  responsible for, the operation of the principal place of
  417  business and all branch brokers.
  418         (26) “Principal loan originator” means the licensed loan
  419  originator in charge of, and responsible for, the operation of a
  420  mortgage lender or mortgage broker, including all of the
  421  activities of the mortgage lender’s or mortgage broker’s loan
  422  originators and branch managers, whether employees or
  423  independent contractors.
  424         (27)(26) “Principal place of business” means a mortgage
  425  broker’s or mortgage lender’s licensee’s primary business
  426  office, the street address, or physical location that of which
  427  is designated on the application for licensure or any amendment
  428  to such application.
  429         (28)“Registered loan originator” means a loan originator
  430  who is employed by a depository institution, by a subsidiary
  431  that is owned and controlled by a depository institution and
  432  regulated by a federal banking agency, or by an institution
  433  regulated by the Farm Credit Administration, and who is
  434  registered with and maintains a unique identifier through the
  435  registry.
  436         (29)“Registry” means the Nationwide Mortgage Licensing
  437  System and Registry, which is the mortgage licensing system
  438  developed and maintained by the Conference of State Bank
  439  Supervisors and the American Association of Residential Mortgage
  440  Regulators for the licensing and registration of loan
  441  originators.
  442         (30)“Relative” means any of the following, whether by the
  443  full or half blood or by adoption:
  444         (a)A person’s spouse, father, mother, children, brothers,
  445  and sisters.
  446         (b)The father, mother, brothers, and sisters of the
  447  person’s spouse.
  448         (c)The spouses of the person’s children, brothers, or
  449  sisters.
  450         (27) “Residential mortgage loan” means any mortgage or
  451  other security instrument secured by improved real property
  452  consisting of no more than four dwelling units.
  453         (31)“Servicing endorsement” means authorizing a mortgage
  454  lender to service a loan for more than 4 months.
  455         (32)(28) “Servicing Service a mortgage loan” means to
  456  receive, or cause to be received, or transferred for another,
  457  installment payments of principal, interest, or other payments
  458  pursuant to a mortgage loan.
  459         (33)(29) “Substantial fault of the borrower” means that the
  460  borrower:
  461         (a) Failed to provide information or documentation required
  462  by the lender or broker in a timely manner;
  463         (b) Provided information, in the application or
  464  subsequently, which upon verification proved to be significantly
  465  inaccurate, causing the need for review or further investigation
  466  by the lender or broker;
  467         (c) Failed to produce by no later than the date specified
  468  by the lender all documentation specified in the commitment or
  469  closing instructions as being required for closing; or
  470         (d) Failed to be ready, willing, or able to close the loan
  471  by no later than the date specified by the lender or broker.
  472  
  473  For purposes of this definition, a borrower is considered to
  474  have provided information or documentation in a timely manner if
  475  such information and documentation was received by the lender
  476  within 7 days after the borrower received a request for same,
  477  and information is considered significantly inaccurate if the
  478  correct information materially affects the eligibility of the
  479  borrower for the loan for which application is made.
  480         (34)(30) “Ultimate equitable owner” means an individual a
  481  natural person who, directly or indirectly, owns or controls an
  482  ownership interest in a corporation, a foreign corporation, an
  483  alien business organization, or any other form of business
  484  organization, regardless of whether the individual such natural
  485  person owns or controls such ownership interest through one or
  486  more individuals natural persons or one or more proxies, powers
  487  of attorney, nominees, corporations, associations, partnerships,
  488  trusts, joint stock companies, or other entities or devices, or
  489  any combination thereof.
  490         (31) “Principal representative” means an individual who
  491  operates the business operations of a licensee under part III.
  492         (32) “Mortgage loan application” means a submission of a
  493  borrower’s financial information in anticipation of a credit
  494  decision, whether written or computer-generated, relating to a
  495  mortgage loan. If the submission does not state or identify a
  496  specific property, the submission is an application for a
  497  prequalification and not an application for a mortgage loan
  498  under this part. The subsequent addition of an identified
  499  property to the submission converts the submission to an
  500  application for a mortgage loan.
  501         (33) “Mortgage brokerage fee” means the total compensation
  502  to be received by a mortgage brokerage business for acting as a
  503  mortgage broker.
  504         (34) “Business day” means any calendar day except Sunday or
  505  a legal holiday.
  506         Section 2. Section 494.0011, Florida Statutes, is amended
  507  to read:
  508         494.0011 Powers and duties of the commission and office.—
  509         (1) The office shall be responsible for the administration
  510  and enforcement of ss. 494.001-494.0077.
  511         (2) The commission may adopt rules pursuant to ss.
  512  120.536(1) and 120.54 To administer implement ss. 494.001
  513  494.0077,. the commission may adopt rules:
  514         (a) Requiring electronic submission of any forms,
  515  documents, or fees required by this act if such rules reasonably
  516  accommodate technological or financial hardship.
  517         (b)Relating to compliance with the S.A.F.E. Mortgage
  518  Licensing Act of 2008, including rules to:
  519         1.Require loan originators, mortgage brokers, mortgage
  520  lenders, and branch offices to register through the registry.
  521         2.Require the use of uniform forms that have been approved
  522  by the registry, and any subsequent amendments to such forms if
  523  the forms are substantially in compliance with the provisions of
  524  this chapter. Uniform forms that the commission may adopt
  525  include, but are not limited to:
  526         a.Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  527         b.Uniform Mortgage Biographical Statement & Consent Form,
  528  MU2.
  529         c.Uniform Mortgage Branch Office Form, MU3.
  530         d.Uniform Individual Mortgage License/Registration &
  531  Consent Form, MU4.
  532         3.Require the filing of forms, documents, and fees in
  533  accordance with the requirements of the registry.
  534         4.Prescribe requirements for amending or surrendering a
  535  license or other activities as the commission deems necessary
  536  for the office’s participation in the registry.
  537         5.Prescribe procedures that allow a licensee to challenge
  538  information contained in the registry.
  539         6.Prescribe procedures for reporting violations of this
  540  chapter and disciplinary actions on licensees to the registry.
  541  The commission may prescribe by rule requirements and procedures
  542  for obtaining an exemption due to a technological or financial
  543  hardship. The commission may also adopt rules to accept
  544  certification of compliance with requirements of this act in
  545  lieu of requiring submission of documents.
  546         (c)Establishing time periods during which a loan
  547  originator, mortgage broker, or mortgage lender license
  548  applicant under part II or part III is barred from licensure due
  549  to prior criminal convictions of, or guilty or nolo contendre
  550  pleas by, any of the applicant’s control persons, regardless of
  551  adjudication.
  552         1.The rules must provide:
  553         a.Permanent bars for felonies involving fraud, dishonesty,
  554  breach of trust, or money laundering;
  555         b.A 15-year disqualifying period for felonies involving
  556  moral turpitude;
  557         c.A 7-year disqualifying period for all other felonies;
  558  and
  559         d.A 5-year disqualifying period for misdemeanors involving
  560  fraud, dishonesty, or any other act of moral turpitude.
  561         2.The rules may provide for an additional waiting period
  562  due to dates of imprisonment or community supervision, the
  563  commitment of multiple crimes, and other factors reasonably
  564  related to the applicant’s criminal history.
  565         3.The rules may provide for mitigating factors for crimes
  566  identified in sub-subparagraph 1.b. However, the mitigation may
  567  not result in a period of disqualification less than 7 years.
  568  The rule may not mitigate the disqualifying periods in sub
  569  subparagraphs 1.a., 1.c., and 1.d.
  570         4. An applicant is not eligible for licensure until the
  571  expiration of the disqualifying period set by rule.
  572         5.Section 112.011 is not applicable to eligibility for
  573  licensure under this part.
  574         (3) Except as provided in s. 494.00172, all fees, charges,
  575  and fines collected pursuant to ss. 494.001-494.0077 shall be
  576  deposited in the State Treasury to the credit of the Regulatory
  577  Trust Fund of under the office.
  578         (4)The office shall participate in the registry and shall
  579  regularly report to the registry violations of this chapter,
  580  disciplinary actions, and other information deemed relevant by
  581  the office under this chapter.
  582         (4)(a) The office has the power to issue and to serve
  583  subpoenas and subpoenas duces tecum to compel the attendance of
  584  witnesses and the production of all books, accounts, records,
  585  and other documents and materials relevant to an examination or
  586  investigation. The office, or its duly authorized
  587  representative, has the power to administer oaths and
  588  affirmations to any person.
  589         (b) The office may, in its discretion, seek subpoenas or
  590  subpoenas duces tecum from any court of competent jurisdiction
  591  commanding the appearance of witnesses and the production of
  592  books, accounts, records, and other documents or materials at a
  593  time and place named in the subpoenas; and any authorized
  594  representative of the office may serve any subpoena.
  595         (5)(a) In the event of substantial noncompliance with a
  596  subpoena or subpoena duces tecum issued or caused to be issued
  597  by the office, the office may petition the circuit court or any
  598  other court of competent jurisdiction of the county in which the
  599  person subpoenaed resides or has its principal place of business
  600  for an order requiring the subpoenaed person to appear and
  601  testify and to produce such books, accounts, records, and other
  602  documents as are specified in the subpoena duces tecum. The
  603  court may grant injunctive relief restraining the person from
  604  advertising, promoting, soliciting, entering into, offering to
  605  enter into, continuing, or completing any mortgage loan
  606  transaction or mortgage loan servicing transaction. The court
  607  may grant such other relief, including, but not limited to, the
  608  restraint, by injunction or appointment of a receiver, of any
  609  transfer, pledge, assignment, or other disposition of the
  610  person’s assets or any concealment, alteration, destruction, or
  611  other disposition of books, accounts, records, or other
  612  documents and materials as the court deems appropriate, until
  613  the person has fully complied with the subpoena duces tecum and
  614  the office has completed its investigation or examination. In
  615  addition, the court may order the refund of any fees collected
  616  in a mortgage loan transaction whenever books and documents
  617  substantiating the transaction are not produced or cannot be
  618  produced. The office is entitled to the summary procedure
  619  provided in s. 51.011, and the court shall advance such cause on
  620  its calendar. Attorney’s fees and any other costs incurred by
  621  the office to obtain an order granting, in whole or part, a
  622  petition for enforcement of a subpoena or subpoena duces tecum
  623  shall be taxed against the subpoenaed person, and failure to
  624  comply with such order is a contempt of court.
  625         (b) When it appears to the office that the compliance with
  626  a subpoena or subpoena duces tecum issued or caused to be issued
  627  by the office pursuant to this section is essential and
  628  otherwise unavailable to an investigation or examination, the
  629  office, in addition to the other remedies provided for in this
  630  section, may apply to the circuit court or any other court of
  631  competent jurisdiction of the county in which the subpoenaed
  632  person resides or has its principal place of business for a writ
  633  of ne exeat. The court shall thereupon direct the issuance of
  634  the writ against the subpoenaed person requiring sufficient bond
  635  conditioned on compliance with the subpoena or subpoena duces
  636  tecum. The court shall cause to be endorsed on the writ a
  637  suitable amount of bond upon the payment of which the person
  638  named in the writ shall be freed, having a due regard to the
  639  nature of the case.
  640         (c) Alternatively, the office may seek a writ of attachment
  641  from the court having jurisdiction over the person who has
  642  refused to obey a subpoena, who has refused to give testimony,
  643  or who has refused to produce the matters described in the
  644  subpoena duces tecum.
  645         (6) The grant or denial of any license under this chapter
  646  must be in accordance with s. 120.60.
  647         Section 3. Effective January 1, 2010, section 494.00115,
  648  Florida Statutes, is created to read:
  649         494.00115Exemptions.—
  650         (1)The following are exempt from regulation under part I,
  651  part II, or part III of this chapter:
  652         (a)Any person operating exclusively as a registered loan
  653  originator in accordance with the S.A.F.E. Mortgage Licensing
  654  Act of 2008.
  655         (b)A depository institution; subsidiaries that are owned
  656  and controlled by a depository institution and regulated by the
  657  Board of Governors of the Federal Reserve System, the
  658  Comptroller of the Currency, the Director of the Office of
  659  Thrift Supervision, the National Credit Union Administration, or
  660  the Federal Deposit Insurance Corporation; or institutions
  661  regulated by the Farm Credit Administration.
  662         (c)The Federal National Mortgage Association; the Federal
  663  Home Loan Mortgage Corporation; any agency of the Federal
  664  Government; any state, county, or municipal government; or any
  665  quasi-governmental agency that acts in such capacity under the
  666  specific authority of the laws of any state or the United
  667  States.
  668         (d)An attorney licensed in this state who negotiates the
  669  terms of a mortgage loan on behalf of a client as an ancillary
  670  matter to the attorney’s representation of the client.
  671         (e)A person involved solely in the extension of credit
  672  relating to the purchase of a timeshare plan, as that term is
  673  defined in 11 U.S.C. s. 101(53D)
  674         (2)The following persons are exempt from regulation under
  675  part III of this chapter:
  676         (a)A person acting in a fiduciary capacity conferred by
  677  the authority of a court.
  678         (b)A person who, as a seller of his or her own real
  679  property, receives one or more mortgages in a purchase money
  680  transaction.
  681         (c)A person who acts solely under contract and as an agent
  682  for federal, state, or municipal agencies for the purpose of
  683  servicing mortgage loans.
  684         (d)A person who makes only nonresidential mortgage loans
  685  and sells loans only to institutional investors.
  686         (e)An individual making or acquiring a mortgage loan using
  687  his or her own funds for his or her own investment, and who does
  688  not hold himself or herself out to the public as being in the
  689  mortgage lending business.
  690         (f)An individual selling a mortgage that was made or
  691  purchased with that individual’s funds for his or her own
  692  investment, and who does not hold himself or herself out to the
  693  public as being in the mortgage lending business.
  694         (3)It is not necessary to negate any of the exemptions
  695  provided in this section in any complaint, information,
  696  indictment, or other writ or proceeding brought under ss.
  697  494.001-494.0077. The burden of establishing the right to an
  698  exemption is on the party claiming the benefit of the exemption.
  699         Section 4. Section 494.00135, Florida Statutes, is created
  700  to read:
  701         494.00135Subpoenas.—
  702         (1)The office may:
  703         (a)Issue and serve subpoenas and subpoenas duces tecum to
  704  compel the attendance of witnesses and the production of all
  705  books, accounts, records, and other documents and materials
  706  relevant to an examination or investigation conducted by the
  707  office. The office, or its authorized representative, may
  708  administer oaths and affirmations to any person.
  709         (b) Seek subpoenas or subpoenas duces tecum from any court
  710  to command the appearance of witnesses and the production of
  711  books, accounts, records, and other documents or materials at a
  712  time and place named in the subpoenas, and an authorized
  713  representative of the office may serve such subpoena.
  714         (2) If there is substantial noncompliance with a subpoena
  715  or subpoena duces tecum issued by the office, the office may
  716  petition the court in the county where the person subpoenaed
  717  resides or has his or her principal place of business for an
  718  order requiring the person to appear, testify, or produce such
  719  books, accounts, records, and other documents as are specified
  720  in the subpoena or subpoena duces tecum.
  721         (a)The court may grant injunctive relief restraining the
  722  person from advertising, promoting, soliciting, entering into,
  723  offering to enter into, continuing, or completing a mortgage
  724  loan or servicing a mortgage loan.
  725         (b)The court may grant such other relief, including, but
  726  not limited to, the restraint, by injunction or appointment of a
  727  receiver, of any transfer, pledge, assignment, or other
  728  disposition of the person’s assets or any concealment,
  729  alteration, destruction, or other disposition of books,
  730  accounts, records, or other documents and materials as the court
  731  deems appropriate, until the person has fully complied with the
  732  subpoena duces tecum and the office has completed its
  733  investigation or examination.
  734         (c)The court may order the refund of any fees collected in
  735  a mortgage loan transaction if books and documents
  736  substantiating the transaction are not produced or cannot be
  737  produced.
  738         (d) If it appears to the office that compliance with a
  739  subpoena or subpoena duces tecum issued is essential and
  740  otherwise unavailable to an investigation or examination, the
  741  office may apply to the court for a writ of ne exeat pursuant to
  742  s. 68.02.
  743         (e)The office may seek a writ of attachment to obtain all
  744  books, accounts, records, and other documents and materials
  745  relevant to an examination or investigation.
  746         (3)The office is entitled to the summary procedure
  747  provided in s. 51.011, and the court shall advance such cause on
  748  its calendar. Attorney’s fees and any other costs incurred by
  749  the office to obtain an order granting, in whole or in part, a
  750  petition for enforcement of a subpoena or subpoena duces tecum
  751  shall be taxed against the subpoenaed person, and failure to
  752  comply with such order is a contempt of court.
  753         Section 5. Section 494.0014, Florida Statutes, is amended
  754  to read:
  755         494.0014 Cease and desist orders; administrative fines;
  756  refund orders.—
  757         (1) The office may has the power to issue and serve upon
  758  any person an order to cease and desist and to take corrective
  759  action if whenever it has reason to believe the person is
  760  violating, has violated, or is about to violate any provision of
  761  ss. 494.001-494.0077, any rule or order issued under ss.
  762  494.001-494.0077, or any written agreement between the person
  763  and the office. All procedural matters relating to issuance and
  764  enforcement of such a cease and desist order are governed by the
  765  Administrative Procedure Act.
  766         (2) The office may has the power to order the refund of any
  767  fee directly or indirectly assessed and charged on a mortgage
  768  loan transaction which is unauthorized or exceeds the maximum
  769  fee specifically authorized in ss. 494.001-494.0077, or any
  770  amount collected for the payment of third-party fees which
  771  exceeds the cost of the service provided.
  772         (3) The office may prohibit the association by a mortgage
  773  broker business, or the employment by a mortgage lender or
  774  correspondent mortgage lender, of any person who has engaged in
  775  a pattern of misconduct while an associate of a mortgage
  776  brokerage business or an employee of a mortgage lender or
  777  correspondent mortgage lender. For the purpose of this
  778  subsection, the term “pattern of misconduct” means the
  779  commission of three or more violations of ss. 494.001-494.0077
  780  or the provisions of chapter 494 in effect prior to October 1,
  781  1991, during any 1-year period or any criminal conviction for
  782  violating ss. 494.001-494.0077 or the provisions of chapter 494
  783  in effect prior to October 1, 1991.
  784         (4) The office may impose upon any person who makes or
  785  brokers a loan, or any mortgage business school, a fine for
  786  violations of any provision of ss. 494.001-494.00295 or any rule
  787  or order issued under ss. 494.001-494.00295 in an amount not
  788  exceeding $5,000 for each separate count or offense.
  789         Section 6. Effective July 1, 2009, section 494.00165,
  790  Florida Statutes, is amended to read:
  791         494.00165 Prohibited advertising; record requirements.—
  792         (1) It is a violation of this chapter for any person to:
  793         (a) Advertise that an applicant shall will have unqualified
  794  access to credit without disclosing the what material
  795  limitations on the availability of such credit exist. Such
  796  Material limitations include, but are not limited to, the
  797  percentage of down payment required, that a higher rate or
  798  points could be required, or that restrictions on as to the
  799  maximum principal amount of the loan offered could apply.
  800         (b) Advertise a mortgage loan at an expressed interest rate
  801  unless the advertisement specifically states that the expressed
  802  rate could change or not be available at commitment or closing.
  803         (c) Advertise mortgage loans, including rates, margins,
  804  discounts, points, fees, commissions, or other material
  805  information, including material limitations on such loans,
  806  unless the such person is able to make such mortgage loans
  807  available to a reasonable number of qualified applicants.
  808         (d) Falsely advertise or misuse names indicating a federal
  809  agency pursuant to 18 U.S.C. s. 709.
  810         (e)Engage in unfair, deceptive, or misleading advertising
  811  regarding mortgage loans, brokering services, or lending
  812  services.
  813         (2) Each person required to be licensed under this chapter
  814  must shall maintain a record of samples of each of its
  815  advertisements, including commercial scripts of each radio or
  816  television broadcast, for examination by the office for a period
  817  of 2 years after the date of publication or broadcast.
  818         Section 7. Section 494.0017, Florida Statutes, is repealed.
  819         Section 8. Section 494.00172, Florida Statutes, is created
  820  to read:
  821         494.00172Mortgage Guaranty Trust Fund; payment of fees and
  822  claims.—A nonrefundable fee is imposed on each application for a
  823  mortgage broker, mortgage lender, or loan originator license and
  824  on each annual application for a renewal of such license. For a
  825  loan originator, the initial and renewal fee is $20. For
  826  mortgage brokers and lenders, the initial and renewal fee is
  827  $100. This fee is in addition to the regular application or
  828  renewal fee assessed and shall be deposited into the Mortgage
  829  Guaranty Trust Fund of the office for the payment of claims in
  830  accordance with this section.
  831         (1)If the amount in the trust fund exceeds $5 million, the
  832  additional fee shall be discontinued and may not be reimposed
  833  until the fund is reduced to below $1 million pursuant to
  834  disbursements made in accordance with this section.
  835         (2)A borrower in a mortgage loan transaction is eligible
  836  to seek recovery from the trust fund if all of the following
  837  conditions are met:
  838         (a)The borrower has recorded a final judgment issued by a
  839  state court wherein the cause of action against a licensee under
  840  this chapter was based on a violation of this chapter and the
  841  damages were the result of that violation.
  842         (b)The borrower has caused a writ of execution to be
  843  issued upon such judgment, and the officer executing the
  844  judgment has made a return showing that no personal or real
  845  property of the judgment debtor liable to be levied upon in
  846  satisfaction of the judgment can be found or that the amount
  847  realized on the sale of the judgment debtor’s property pursuant
  848  to such execution is insufficient to satisfy the judgment.
  849         (c)The borrower has made all reasonable searches and
  850  inquiries to ascertain whether the judgment debtor possesses
  851  real or personal property or other assets subject to being sold
  852  or applied in satisfaction of the judgment, and has discovered
  853  no such property or assets; or he or she has discovered property
  854  and assets and has taken all necessary action and proceedings
  855  for the application thereof to the judgment, but the amount
  856  realized is insufficient to satisfy the judgment.
  857         (d)The borrower has applied any amounts recovered from the
  858  judgment debtor, or from any other source, to the damages
  859  awarded by the court.
  860         (e)The borrower, at the time the action was instituted,
  861  gave notice and provided a copy of the complaint to the office
  862  by certified mail. The requirement of a timely giving of notice
  863  may be waived by the office upon a showing of good cause.
  864         (f)The act for which recovery is sought occurred on or
  865  after January 1, 2011.
  866         (3)The requirements of subsection (2) are not applicable
  867  if the licensee upon which the claim is sought has filed for
  868  bankruptcy or has been adjudicated bankrupt. However, the
  869  claimant must file a proof of claim in the bankruptcy
  870  proceedings and must notify the office by certified mail of the
  871  claim by enclosing a copy of the proof of claim and all
  872  supporting documents.
  873         (4)Any person who meets all of the conditions in
  874  subsection (2) may apply to the office for payment from the
  875  trust fund equal to the unsatisfied portion of that person’s
  876  judgment or $50,000, whichever is less, but only to the extent
  877  that the amount reflected in the judgment is for actual or
  878  compensatory damages, plus any attorney’s fees and costs awarded
  879  by the trial court which have been determined by the court, and
  880  the documented costs associated with attempting to collect the
  881  judgment. Actual or compensatory damages may not include
  882  postjudgment interest. Attorney’s fees may not exceed $5,000 or
  883  20 percent of the actual or compensatory damages, whichever is
  884  less. If actual or compensatory damages, plus attorney’s fees
  885  and costs, exceed $50,000, actual or compensatory damages must
  886  be paid first. The cumulative payment for actual or compensatory
  887  damages, plus attorney’s fees and costs, may not exceed $50,000
  888  as described in this section.
  889         (a)A borrower may not collect more than $50,000 from the
  890  trust fund for any claim regardless of the number of licensees
  891  liable for the borrower’s damages.
  892         (b)Payments for claims are limited in the aggregate to
  893  $250,000 against any one licensee under this chapter. If the
  894  total claims exceed the aggregate limit of $250,000, the office
  895  shall prorate payments based on the ratio that a claim bears to
  896  the total claims filed.
  897         (c)Payments shall be made to all persons meeting the
  898  requirements of subsection (2) 2 years after the date the first
  899  complete and valid notice is received by the office. Persons who
  900  give notice after 2 years and who otherwise comply with the
  901  conditions precedent to recovery may recover from any remaining
  902  portion of the $250,000 aggregate as provided in this
  903  subsection, with claims being paid in the order notice was
  904  received until the $250,000 aggregate has been disbursed.
  905         (d)The claimant shall assign his or her right, title, and
  906  interest in the judgment, to the extent of his or her recovery
  907  from the fund, to the office and shall record, at his or her own
  908  expense, the assignment of judgment in every county where the
  909  judgment is recorded.
  910         (e)If the money in the fund is insufficient to satisfy any
  911  valid claim or portion thereof, the office shall satisfy such
  912  unpaid claim or portion as soon as a sufficient amount of money
  913  has been deposited in the trust fund. If there is more than one
  914  unsatisfied claim outstanding, such claims shall be paid in the
  915  order in which the claims were filed with the office.
  916         (f)The payment of any amount from the fund in settlement
  917  of a claim or in satisfaction of a judgment against a licensee
  918  constitutes prima facie grounds for the revocation of the
  919  license.
  920         Section 9. Section 494.0018, Florida Statutes, is amended
  921  to read:
  922         494.0018 Penalties.—
  923         (1) Whoever knowingly violates any provision of s.
  924  494.00255(1)(a), (b), or (c) s. 494.0041(2)(e), (f), or (g); s.
  925  494.0072(2)(e), (f), or (g); or s. 494.0025(1), (2), (3), (4),
  926  or (5), except as provided in subsection (2) of this section,
  927  commits is guilty of a felony of the third degree, punishable as
  928  provided in s. 775.082, s. 775.083, or s. 775.084. Each such
  929  violation constitutes a separate offense.
  930         (2) Any person who violates convicted of a violation of any
  931  provision of ss. 494.001-494.0077, in which violation the total
  932  value of money and property unlawfully obtained exceeds exceeded
  933  $50,000 and there are were five or more victims, commits is
  934  guilty of a felony of the first degree, punishable as provided
  935  in s. 775.082, s. 775.083, or s. 775.084.
  936         Section 10. Effective July 1, 2009, section 494.0019,
  937  Florida Statutes, is amended to read:
  938         494.0019 Liability in case of unlawful transaction.—
  939         (1) If a mortgage loan transaction is made in violation of
  940  any provision of ss. 494.001-494.0077, the person making the
  941  transaction and every licensee, director, or officer who
  942  participated in making the transaction are jointly and severally
  943  liable to every party to the transaction in an action for
  944  damages incurred by the party or parties.
  945         (2) A person is not liable under this section upon a
  946  showing that such person’s licensees, officers, and directors
  947  who participated in making the mortgage loan transaction, if
  948  any, acted in good faith and without knowledge and, with the
  949  exercise of due diligence, could not have known of the act
  950  committed in violation of ss. 494.001-494.0077.
  951         Section 11. Effective July 1, 2009, section 494.002,
  952  Florida Statutes, is amended to read:
  953         494.002 Statutory or common-law remedies.—Sections Nothing
  954  in ss. 494.001-494.0077 do not limit limits any statutory or
  955  common-law right of any person to bring any action in any court
  956  for any act involved in the mortgage loan business or the right
  957  of the state to punish any person for any violation of any law.
  958         Section 12. Section 494.0023, Florida Statutes, is amended
  959  to read:
  960         494.0023 Conflicting interest.—
  961         (1) If, in a mortgage transaction, a licensee has a
  962  conflicting interest as specified in subsection (2), the
  963  licensee shall, at a minimum, provide the following disclosures
  964  to the borrower in writing:
  965         (a) The nature of the relationship, ownership, or financial
  966  interest between the provider of products or services, or
  967  business incident thereto, and the licensee making the referral;
  968  The type of conflicting interest shall be fully and fairly
  969  disclosed.
  970         (b) An estimated charge or range of charges generally made
  971  by such a provider; The licensee shall inform the borrower in
  972  writing
  973         (c) That a financial benefit may be received by the
  974  licensee as a result of the conflicting interest; and.
  975         (d)(c)The borrower shall be informed That alternative
  976  sources may be chosen by the borrower to provide the any
  977  required products or services. The following language must be
  978  contained in 12-point type in any agreement between a mortgage
  979  broker, mortgage lender, or correspondent mortgage lender and a
  980  borrower in substantially this form:
  981  
  982  You are not required to purchase additional products or services
  983  from any person or entity suggested or recommended by
  984  (Broker/Lender/Correspondent Lender). However, the
  985  (Broker/Lender/Correspondent Lender) hereby reserves the right
  986  to approve the entity selected by the borrower, which approval
  987  may not be unreasonably withheld.
  988         (2) A licensee has a conflicting interest if:
  989         (a) The licensee or the licensee’s relative provides the
  990  borrower with additional products or services;
  991         (b) The licensee or licensee’s relative, either directly or
  992  indirectly, owns, controls, or holds with power to vote, or
  993  holds proxies representing, 1 10 percent or more of any class of
  994  equity securities or other beneficial interest in the such
  995  person providing the additional products or services;
  996         (c) The person providing the additional products or
  997  services, either directly or indirectly, owns, controls, or
  998  holds the power to vote, or holds proxies representing, 1 10
  999  percent or more of any class of equity securities or other
 1000  beneficial interest in the licensee;
 1001         (d) A holding company, either directly or indirectly, owns,
 1002  controls, or holds with power to vote, or holds proxies
 1003  representing, 1 10 percent or more of any class of equity
 1004  securities or other beneficial interest in both the licensee and
 1005  the person providing the additional products or services;
 1006         (e) One or more persons, or such person’s relative, sits as
 1007  an officer or director, or performs similar functions as an
 1008  officer or director, for both the licensee and the person
 1009  providing the additional products or services; or
 1010         (f) The licensee or the licensee’s relative sits as an
 1011  officer or director, or performs similar functions as an officer
 1012  or director, of the person providing the additional products or
 1013  services.
 1014         (3)The commission may adopt rules to administer the
 1015  disclosure requirements of this section. The rules must consider
 1016  the disclosure requirements of the federal Real Estate
 1017  Settlement Procedures Act, 12 U.S.C. ss. 2601 et seq.; the
 1018  federal Truth in Lending Act, 15 U.S.C. et seq.; and related
 1019  federal regulations.
 1020         (3) As used in this section, the term “relative” of any
 1021  natural person means any of the following persons, whether by
 1022  the full or half blood or by adoption:
 1023         (a) Such person’s spouse, father, mother, children,
 1024  brothers, and sisters.
 1025         (b) The father, mother, brothers, and sisters of such
 1026  person’s spouse.
 1027         (c) The spouses of children, brothers, or sisters of such
 1028  person.
 1029         Section 13. Section 494.0025, Florida Statutes, is amended
 1030  to read:
 1031         494.0025 Prohibited practices.—It is unlawful for any
 1032  person:
 1033         (1) To act as a mortgage lender in this state without a
 1034  current, active license issued by the office pursuant to ss.
 1035  494.006-494.0077.
 1036         (1)(2) To act as a loan originator correspondent mortgage
 1037  lender in this state without a current, active license issued by
 1038  the office pursuant to part II of this chapter ss. 494.006
 1039  494.0077.
 1040         (2)(3) To act as a mortgage broker in this state without a
 1041  current, active license issued by the office pursuant to part II
 1042  of this chapter ss. 494.003-494.0043.
 1043         (3)To act as a mortgage lender in this state without a
 1044  current, active license issued by the office pursuant to part
 1045  III of this chapter.
 1046         (4) In any practice or transaction or course of business
 1047  relating to the sale, purchase, negotiation, promotion,
 1048  advertisement, or hypothecation of mortgage loan transactions,
 1049  directly or indirectly:
 1050         (a) To knowingly or willingly employ any device, scheme, or
 1051  artifice to defraud;
 1052         (b) To engage in any transaction, practice, or course of
 1053  business which operates as a fraud upon any person in connection
 1054  with the purchase or sale of any mortgage loan; or
 1055         (c) To obtain property by fraud, willful misrepresentation
 1056  of a future act, or false promise.
 1057         (5) In any matter within the jurisdiction of the office, to
 1058  knowingly and willfully falsify, conceal, or cover up by a
 1059  trick, scheme, or device a material fact, make any false or
 1060  fraudulent statement or representation, or make or use any false
 1061  writing or document, knowing the same to contain any false or
 1062  fraudulent statement or entry.
 1063         (6) To violate s. 655.922(2), subject to ss. 494.001
 1064  494.0077.
 1065         (7) Who is required to be licensed under ss. 494.006
 1066  494.0077, to fail to report to the office the failure to meet
 1067  the net worth requirements of s. 494.0061, s. 494.0062, or s.
 1068  494.0065 within 48 hours after the person’s knowledge of such
 1069  failure or within 48 hours after the person should have known of
 1070  such failure.
 1071         (7)(8) To pay a fee or commission in any mortgage loan
 1072  transaction to any person or entity other than a licensed
 1073  mortgage broker brokerage business, mortgage lender, or
 1074  correspondent mortgage lender, operating under an active
 1075  license, or a person exempt from licensure under this chapter.
 1076         (8)(9) To record a mortgage broker brokerage agreement or
 1077  any other document, not rendered by a court of competent
 1078  jurisdiction, which purports to enforce the terms of the
 1079  mortgage brokerage agreement.
 1080         (9)(10) To use the name or logo of a financial institution,
 1081  as defined in s. 655.005(1), or its affiliates or subsidiaries
 1082  when marketing or soliciting existing or prospective customers
 1083  if such marketing materials are used without the written consent
 1084  of the financial institution and in a manner that would lead a
 1085  reasonable person to believe that the material or solicitation
 1086  originated from, was endorsed by, or is related to or the
 1087  responsibility of the financial institution or its affiliates or
 1088  subsidiaries.
 1089         (10)Subject to investigation or examination under this
 1090  chapter, to knowingly alter, withhold, conceal, or destroy any
 1091  books, records, computer records, or other information relating
 1092  to a person’s activities which subject the person to the
 1093  jurisdiction of this chapter.
 1094         Section 14. Section 494.00255, Florida Statutes, is created
 1095  to read:
 1096         494.00255Administrative penalties and fines; license
 1097  violations.—
 1098         (1)Each of the following acts constitutes a ground for
 1099  which the disciplinary actions specified in subsection (2) may
 1100  be taken against a person licensed or required to be licensed
 1101  under part II or part III of this chapter:
 1102         (a)Failure to immediately place upon receipt, and maintain
 1103  until authorized to disburse, any money entrusted to the
 1104  licensee as a licensee in a segregated account of a federally
 1105  insured financial institution in this state.
 1106         (b)Failure to account or deliver to any person any
 1107  property that is not the licensee’s, or that the licensee is not
 1108  entitled to retain, under the circumstances and at the time that
 1109  has been agreed upon or as required by law or, in the absence of
 1110  a fixed time, upon demand of the person entitled to such
 1111  accounting and delivery.
 1112         (c)Failure to disburse funds in accordance with
 1113  agreements.
 1114         (d)Any misuse, misapplication, or misappropriation of
 1115  personal property entrusted to the licensee’s care to which the
 1116  licensee had no current property right at the time of
 1117  entrustment.
 1118         (e)Fraud, misrepresentation, deceit, negligence, or
 1119  incompetence in any mortgage financing transaction.
 1120         (f)Requesting a specific valuation, orally or in writing,
 1121  from an appraiser for a particular property, implying to an
 1122  appraiser that a specific valuation is needed for a particular
 1123  property, or in any manner conditioning the order for an
 1124  appraisal on the appraisal meeting a specific valuation. The
 1125  numeric value of the specific valuation sought need not be
 1126  stated, but rather the mere statement that a specific valuation
 1127  is sought, violates this section.
 1128         (g)Consistently and materially underestimating maximum
 1129  closing costs.
 1130         (h)Disbursement, or an act which has caused or will cause
 1131  disbursement, to any person in any amount from the Mortgage
 1132  Guaranty Trust Fund, the Securities Guaranty Fund, or the
 1133  Florida Real Estate Recovery Fund, regardless of any repayment
 1134  or restitution to the disbursed fund by the licensee or any
 1135  person acting on behalf of the licensee.
 1136         (i)Commission of fraud, misrepresentation, concealment, or
 1137  dishonest dealing by trick, scheme, or device; culpable
 1138  negligence; breach of trust in any business transaction in any
 1139  state, nation, or territory; or aiding, assisting, or conspiring
 1140  with any other person engaged in any such misconduct and in
 1141  furtherance thereof.
 1142         (j)Being convicted of, or entering a plea of guilty or
 1143  nolo contendere to, regardless of adjudication, any felony or
 1144  any crime involving fraud, dishonesty, breach of trust, money
 1145  laundering, or act of moral turpitude.
 1146         (k)Having a final judgment entered against the licensee in
 1147  a civil action upon grounds of fraud, embezzlement,
 1148  misrepresentation, or deceit.
 1149         (l)Having been the subject of any:
 1150         1.Decision, finding, injunction, suspension, prohibition,
 1151  revocation, denial, judgment, or administrative order by any
 1152  court, administrative law judge, state or federal agency,
 1153  national securities exchange, national commodities exchange,
 1154  national option exchange, national securities association,
 1155  national commodities association, or national option association
 1156  involving a violation of any federal or state securities or
 1157  commodities law or rule or regulation adopted under such law or
 1158  involving a violation of any rule or regulation of any national
 1159  securities, commodities, or options exchange or association.
 1160         2.Injunction or adverse administrative order by a state or
 1161  federal agency regulating banking, insurance, finance or small
 1162  loan companies, real estate, mortgage brokers or lenders, money
 1163  transmitters, or other related or similar industries.
 1164         (m)In any mortgage transaction, violating any provision of
 1165  the federal Real Estate Settlement Procedure Act, as amended, 12
 1166  U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
 1167  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
 1168  under such acts.
 1169         (n)Having a loan originator, mortgage broker, or mortgage
 1170  lender license, or the equivalent of such license, revoked in
 1171  any jurisdiction.
 1172         (o)Having a license, or the equivalent of such license, to
 1173  practice any profession or occupation revoked, suspended, or
 1174  otherwise acted against, including the denial of licensure by a
 1175  licensing authority of this state or another state, territory,
 1176  or country.
 1177         (p)Acting as a loan originator, mortgage broker, or
 1178  mortgage lender without a current license issued under part II
 1179  or part III of this chapter.
 1180         (q)Operating a mortgage broker or mortgage lender branch
 1181  office without a current license issued under part II or part
 1182  III of this chapter.
 1183         (r)Conducting any mortgage brokering or mortgage lending
 1184  activities in the absence of a properly designated principal
 1185  loan originator or mortgage brokering or mortgage lending
 1186  activities at any particular branch office without a properly
 1187  designated branch manager.
 1188         (s)A material misstatement or omission of fact on an
 1189  initial or renewal license application.
 1190         (t)Payment to the office for a license or permit with a
 1191  check or electronic transmission of funds which is dishonored by
 1192  the applicant’s or licensee’s financial institution.
 1193         (u)Failure to comply with, or violations of, any provision
 1194  of ss. 494.001-494.0077, or any rule or order made or issued
 1195  under ss. 494.001-494.0077.
 1196         (v)Failure to maintain, preserve, and keep available for
 1197  examination all books, accounts, or other documents required by
 1198  ss. 494.001-494.0077 and the rules of the commission.
 1199         (w)Refusal to permit an investigation or examination of
 1200  books and records, or refusal to comply with an office subpoena
 1201  or subpoena duces tecum.
 1202         (x)Failure to timely pay any fee, charge, or fine imposed
 1203  or assessed pursuant to ss. 494.001-494.0077 or related rules.
 1204         (2)If the office finds a person in violation of any act
 1205  specified in this section, it may enter an order imposing one or
 1206  more of the following penalties:
 1207         (a)Issuance of a reprimand.
 1208         (b)Suspension of a license, subject to reinstatement upon
 1209  satisfying all reasonable conditions imposed by the office.
 1210         (c)Revocation of a license.
 1211         (d)Denial of a license.
 1212         (e)Imposition of a fine in an amount up to $25,000 for
 1213  each count or separate offense.
 1214         (f)An administrative fine of up to $1,000 per day, but not
 1215  to exceed $25,000 cumulatively, for each day that
 1216         1.A mortgage broker or mortgage lender conducts business
 1217  at an unlicensed branch office.
 1218         2.An unlicensed person acts as a loan originator, a
 1219  mortgage broker, or a mortgage lender.
 1220         (3)A mortgage broker or mortgage lender, as applicable, is
 1221  subject to the disciplinary actions specified in subsection (2)
 1222  for a violation of subsection (1) by:
 1223         (a)A control person of the mortgage broker or mortgage
 1224  lender; or
 1225         (b)A loan originator employed by or contracting with the
 1226  mortgage broker or mortgage lender.
 1227         (4)A principal loan originator of a mortgage broker is
 1228  subject to the disciplinary actions specified in subsection (2)
 1229  for violations of subsection (1) by a loan originator in the
 1230  course of an association with the mortgage broker if there is a
 1231  pattern of repeated violations by the loan originator or if the
 1232  principal loan originator has knowledge of the violations.
 1233         (5)A principal loan originator of a mortgage lender is
 1234  subject to the disciplinary actions specified in subsection (2)
 1235  for violations of subsection (1) by an associate of a mortgage
 1236  lender if there is a pattern of repeated violations by the
 1237  associate or if the principal loan originator has knowledge of
 1238  the violations.
 1239         (6)A branch manager is subject to the disciplinary actions
 1240  specified in subsection (2) for violations of subsection (1) by
 1241  a loan originator in the course of an association with the
 1242  mortgage broker or mortgage lender if there is a pattern of
 1243  repeated violations by the loan originator or if the branch
 1244  manager has knowledge of the violations.
 1245         (7)An individual who is associated with a mortgage broker
 1246  is subject to the disciplinary actions specified in subsection
 1247  (2) for a violation of subsection (1) with respect to an action
 1248  in which such person was involved.
 1249         (8)Pursuant to s. 120.60(6), the office may summarily
 1250  suspend the license of a loan originator, mortgage broker, or
 1251  mortgage lender if the office has reason to believe that a
 1252  licensee poses an immediate, serious danger to the public’s
 1253  health, safety, or welfare. The arrest of the licensee, or the
 1254  mortgage broker or the mortgage lender’s control person, for any
 1255  felony or any crime involving fraud, dishonesty, breach of
 1256  trust, money laundering, or any other act of moral turpitude is
 1257  deemed sufficient to constitute an immediate danger to the
 1258  public’s health, safety, or welfare. Any proceeding for the
 1259  summary suspension of a license must be conducted by the
 1260  commissioner of the office, or designee, who shall issue the
 1261  final summary order.
 1262         (9)The office may deny any request to terminate or
 1263  withdraw any license application or license if the office
 1264  believes that an act that would be a ground for license denial,
 1265  suspension, restriction, or revocation under this chapter has
 1266  been committed.
 1267         Section 15. Effective July 1, 2009, section 494.0026,
 1268  Florida Statutes, is amended to read:
 1269         494.0026 Disposition of insurance proceeds.—The following
 1270  provisions apply to mortgage loans held by a mortgagee or
 1271  assignee that is subject to part II or part III of this chapter
 1272  ss. 494.003-494.0077.
 1273         (1) The mortgagee or assignee must promptly endorse a
 1274  check, draft, or other negotiable instrument payable jointly to
 1275  the mortgagee or assignee and the insured by the insurance
 1276  company. However, the mortgagee or assignee is not required to
 1277  endorse such instrument if the insured or a payee who is not
 1278  subject to part II or part III of this chapter ss. 494.003
 1279  494.0077 refuses to endorse the instrument.
 1280         (2) Insurance proceeds received by a mortgagee or assignee
 1281  that relate to compensation for damage to property or contents
 1282  insurance coverage in which the mortgagee or assignee has a
 1283  security interest must be promptly deposited by the mortgagee or
 1284  assignee into a segregated account of a federally insured
 1285  financial institution.
 1286         (3) Insurance proceeds received by a mortgagee or assignee
 1287  that relate to contents insurance coverage in which the
 1288  mortgagee or assignee does not have a security interest in the
 1289  contents must be promptly distributed to the insured by the
 1290  mortgagee or assignee.
 1291         (4) Insurance proceeds received by a mortgagee or assignee
 1292  that relate to additional living expenses must be promptly
 1293  distributed to the insured by the mortgagee or assignee.
 1294         (5) The mortgagee or assignee is not required to remit the
 1295  portion of the proceeds relating to additional living expenses
 1296  and contents insurance if the mortgagee or assignee is not able
 1297  to determine which part of the proceeds relates to additional
 1298  living expenses and contents insurance.
 1299  
 1300  Nothing in This section may not shall be construed to prevent an
 1301  insurance company from paying the insured directly for
 1302  additional living expenses or paying the insured directly for
 1303  contents insurance coverage if the mortgagee or assignee does
 1304  not have a security interest in the contents.
 1305         Section 16. Section 494.0028, Florida Statutes, is amended
 1306  to read:
 1307         494.0028 Arbitration.—
 1308         (1) This section applies to any mortgage broker brokerage
 1309  agreement, servicing agreement, loan application, or purchase
 1310  agreement that which provides for arbitration between:
 1311         (a) A noninstitutional investor and a mortgage lender
 1312  servicing or correspondent mortgage lender to service a mortgage
 1313  loan.
 1314         (b) A borrower and a mortgage broker brokerage business,
 1315  mortgage lender, or correspondent mortgage lender to obtain a
 1316  mortgage loan.
 1317         (c) A noninstitutional investor and a mortgage broker
 1318  brokerage business, mortgage lender, or correspondent mortgage
 1319  lender to fund or purchase a mortgage loan.
 1320         (2) All agreements subject to this section must shall
 1321  provide that, at the voluntary election of the noninstitutional
 1322  investor or borrower, disputes shall be handled by either a
 1323  court of competent jurisdiction or by binding arbitration.
 1324         (3) All agreements subject to this section must shall
 1325  provide the noninstitutional investor or borrower with the
 1326  option to elect arbitration before the American Arbitration
 1327  Association or other independent nonindustry arbitration forum.
 1328  Any other nonindustry arbitration forum may apply to the office
 1329  to allow such forum to provide arbitration services. The office
 1330  shall grant the application if the applicant’s fees, practices,
 1331  and procedures do not materially differ from those of the
 1332  American Arbitration Association.
 1333         (4) At the election of the noninstitutional investor or
 1334  borrower, venue shall be in the county in which the
 1335  noninstitutional investor or borrower entered into the agreement
 1336  or at a business location of the mortgage broker or brokerage
 1337  business, mortgage lender, or correspondent lender.
 1338         (5) Any fees or charges must be in accordance with shall be
 1339  made as provided in the rules of the American Arbitration
 1340  Association or other approved nonindustry arbitration forum and
 1341  may shall not be set in the agreement.
 1342         (6) Any election made under this section is shall be
 1343  irrevocable.
 1344         (7) This section does shall not be construed to require an
 1345  agreement that which is subject to this section to contain an
 1346  arbitration clause.
 1347         Section 17. Sections 494.0029 and 494.00295, Florida
 1348  Statutes, are repealed.
 1349         Section 18. Effective January 1, 2010, section 494.00296,
 1350  Florida Statutes, is created to read:
 1351         494.00296Loan modification.—
 1352         (1)PROHIBITED ACTS.—When offering or providing loan
 1353  modification services, a mortgage broker, mortgage brokerage
 1354  business, mortgage lender, or correspondent mortgage lender
 1355  licensed, or required to be licensed, under ss. 494.001-494.0077
 1356  may not:
 1357         (a)Engage in or initiate loan modification services
 1358  without first executing a written agreement for loan
 1359  modification services with the borrower;
 1360         (b)Execute a loan modification without the consent of the
 1361  borrower after the borrower is made aware of each modified term;
 1362  or
 1363         (c)Solicit, charge, receive, or attempt to collect or
 1364  secure payment, directly or indirectly, for loan modification
 1365  services before completing or performing all services included
 1366  in the agreement for loan modification services. A fee may be
 1367  charged only if the loan modification results in a material
 1368  benefit to the borrower. The commission may adopt rules to
 1369  provide guidance on what constitutes a material benefit to the
 1370  borrower.
 1371         (2)LOAN MODIFICATION AGREEMENT.—
 1372         (a)The written agreement for loan modification services
 1373  must be printed in at least 12-point uppercase type and signed
 1374  by both parties. The agreement must include the name and address
 1375  of the person providing loan modification services, the exact
 1376  nature and specific detail of each service to be provided, the
 1377  total amount and terms of charges to be paid by the borrower for
 1378  the services, and the date of the agreement. The date of the
 1379  agreement may not be earlier than the date the borrower signed
 1380  the agreement. The mortgage brokerage business, mortgage lender,
 1381  or correspondent mortgage lender must give the borrower a copy
 1382  of the agreement to review at least 1 business day before the
 1383  borrower is to sign the agreement.
 1384         (b) The borrower has the right to cancel the written
 1385  agreement without any penalty or obligation if the borrower
 1386  cancels the agreement within 3 business days after signing the
 1387  agreement. The right to cancel may not be waived by the borrower
 1388  or limited in any manner by the mortgage broker, mortgage
 1389  brokerage business, mortgage lender, or correspondent mortgage
 1390  lender. If the borrower cancels the agreement, any payments made
 1391  must be returned to the borrower within 10 business days after
 1392  receipt of the notice of cancellation.
 1393         (c)An agreement for loan modification services must
 1394  contain, immediately above the signature line, a statement in at
 1395  least 12-point uppercase type which substantially complies with
 1396  the following:
 1397                  BORROWER’S RIGHT OF CANCELLATION                 
 1398  
 1399         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
 1400  SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS
 1401  DAYS AFER THE DATE THIS AGREEMENT IS SIGNED BY YOU.
 1402         THE MORTGAGE BROKER, MORTGAGE BROKERAGE BUSINESS, MORTGAGE
 1403  LENDER, OR CORRESPONDENT MORTGAGE LENDER IS PROHIBITED BY LAW
 1404  FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT
 1405  FROM YOU UNTIL ALL PROMISED SERVICES HAVE BEEN COMPLETED. IF FOR
 1406  ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION,
 1407  YOUR PAYMENT MUST BE RETURNED TO YOU WITHIN 10 BUSINESS DAYS
 1408  AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.
 1409         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1410  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1411  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
 1412  LATER THAN MIDNIGHT OF ...(DATE)....
 1413         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR MORTAGE
 1414  LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR
 1415  LENDER OR SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR
 1416  A RESTRUCTURING WITH YOU FREE OF CHARGE.
 1417  
 1418         (d)The inclusion of the statement does not prohibit a
 1419  mortgage broker, mortgage brokerage business, mortgage lender,
 1420  or correspondent mortgage lender from giving the homeowner more
 1421  time to cancel the agreement than is set forth in the statement
 1422  if all other requirements of this subsection are met.
 1423         (e)The person offering or providing the loan modification
 1424  services must give the borrower a copy of the signed agreement
 1425  within 3 hours after the borrower signs the agreement.
 1426         (3)REMEDIES.—
 1427         (a)Without regard to any other remedy or relief to which a
 1428  person is entitled, anyone aggrieved by a violation of this
 1429  section may bring an action to obtain a declaratory judgment
 1430  that an act or practice violates this section and to enjoin a
 1431  person who has violated, is violating, or is otherwise likely to
 1432  violate this section.
 1433         (b)In any action brought by a person who has suffered a
 1434  loss as a result of a violation of this section, such person may
 1435  recover actual damages, plus attorney’s fees and court costs, as
 1436  follows:
 1437         1.In any action brought under this section, upon motion of
 1438  the party against whom such action is filed alleging that the
 1439  action is frivolous, without legal or factual merit, or brought
 1440  for the purpose of harassment, the court may, after hearing
 1441  evidence as to the necessity therefore, require the party
 1442  instituting the action to post a bond in the amount that the
 1443  court finds reasonable to indemnify the defendant for any
 1444  damages incurred, including reasonable attorney’s fees.
 1445         2.In any civil litigation resulting from an act or
 1446  practice involving a violation of this section, the prevailing
 1447  party, after judgment in the trial court and exhaustion of all
 1448  appeals, if any, may receive reasonable attorney’s fees and
 1449  costs from the nonprevailing party.
 1450         3.The attorney for the prevailing party shall submit a
 1451  sworn affidavit of time spent on the case and costs incurred for
 1452  all the motions, hearings, and appeals to the trial judge who
 1453  presided over the civil case.
 1454         4.The trial judge may award the prevailing party the sum
 1455  of reasonable costs incurred in the action plus a reasonable
 1456  legal fee for the hours actually spent on the case as sworn to
 1457  in an affidavit.
 1458         5.Any award of attorney’s fees or costs becomes part of
 1459  the judgment and is subject to execution as the law allows.
 1460         (c)The provisions of this subsection do not apply to any
 1461  action initiated by the enforcing authority.
 1462         (4)DEFINITIONS.—Notwithstanding s. 494.001, as used in
 1463  this section, the term:
 1464         (a)“Borrower” means a person who is obligated to repay a
 1465  mortgage loan and includes, but is not limited to, a coborrower,
 1466  cosignor, or guarantor.
 1467         (b)“Loan modification” means a modification to an existing
 1468  loan. The term does not include a refinancing transaction.
 1469         (c)“Mortgage broker” means a person who, for compensation
 1470  or gain, directly or indirectly, accepts or offers to accept an
 1471  application for a mortgage loan, solicits or offers to solicit a
 1472  mortgage loan on behalf of a borrower, negotiates or offers to
 1473  negotiate the terms or conditions of a new or existing mortgage
 1474  loan on behalf of a borrower or lender, or negotiates or offers
 1475  to negotiate the sale of an existing mortgage loan to a
 1476  noninstitutional investor. An employee whose activities are
 1477  ministerial and clerical, which may include quoting available
 1478  interest rates or loan terms and conditions, is not acting as a
 1479  mortgage broker.
 1480         Section 19. Subsection (1), (2), and (4) of section
 1481  494.00296, Florida Statutes, as created by this act, are amended
 1482  to read:
 1483         494.00296 Loan modification.—
 1484         (1) PROHIBITED ACTS.—When offering or providing loan
 1485  modification services, a loan originator, mortgage broker,
 1486  mortgage brokerage business, mortgage lender, or correspondent
 1487  mortgage lender licensed or required to be licensed under ss.
 1488  494.001-494.0077 may not:
 1489         (a) Engage in or initiate loan modification services
 1490  without first executing a written agreement for loan
 1491  modification services with the borrower;
 1492         (b) Execute a loan modification without the consent of the
 1493  borrower after the borrower is made aware of each modified term;
 1494  or
 1495         (c) Solicit, charge, receive, or attempt to collect or
 1496  secure payment, directly or indirectly, for loan modification
 1497  services before completing or performing all services included
 1498  in the agreement for loan modification services. A fee may be
 1499  charged only if the loan modification results in a material
 1500  benefit to the borrower. The commission may adopt rules to
 1501  provide guidance on what constitutes a material benefit to the
 1502  borrower
 1503         (2) LOAN MODIFICATION AGREEMENT.—
 1504         (a) The written agreement for loan modification services
 1505  must be printed in at least 12-point uppercase type and signed
 1506  by both parties. The agreement must include the name and address
 1507  of the person providing loan modification services, the exact
 1508  nature and specific detail of each service to be provided, the
 1509  total amount and terms of charges to be paid by the borrower for
 1510  the services, and the date of the agreement. The date of the
 1511  agreement may not be earlier than the date the borrower signed
 1512  the agreement. The mortgage broker or brokerage business,
 1513  mortgage lender, or correspondent mortgage lender must give the
 1514  borrower a copy of the agreement to review at least 1 business
 1515  day before the borrower is to sign the agreement.
 1516         (b) The borrower has the right to cancel the written
 1517  agreement without any penalty or obligation if the borrower
 1518  cancels the agreement within 3 business days after signing the
 1519  agreement. The right to cancel may not be waived by the borrower
 1520  or limited in any manner by the loan originator, mortgage
 1521  broker, mortgage brokerage business, mortgage lender, or
 1522  correspondent mortgage lender. If the borrower cancels the
 1523  agreement, any payments made must be returned to the borrower
 1524  within 10 business days after receipt of the notice of
 1525  cancellation.
 1526         (c) An agreement for loan modification services must
 1527  contain, immediately above the signature line, a statement in at
 1528  least 12-point uppercase type which substantially complies with
 1529  the following:
 1530                  BORROWER’S RIGHT OF CANCELLATION                 
 1531  
 1532         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
 1533  SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS
 1534  DAYS AFTER THE DATE THIS AGREEMENT IS SIGNED BY YOU.
 1535         THE LOAN ORIGINATOR, MORTGAGE BROKER, MORTGAGE BROKERAGE
 1536  BUSINESS, MORTGAGE LENDER, OR CORRESPONDENT MORTGAGE LENDER IS
 1537  PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER
 1538  FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES HAVE BEEN
 1539  COMPLETED. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE
 1540  CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU WITHIN 10
 1541  BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION
 1542  NOTICE.
 1543         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1544  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1545  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
 1546  LATER THAN MIDNIGHT OF ...(DATE)....
 1547         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR MORTGAGE
 1548  LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR
 1549  LENDER OR SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR
 1550  A RESTRUCTURING WITH YOU FREE OF CHARGE.
 1551  
 1552         (d) The inclusion of the statement does not prohibit a loan
 1553  originator, mortgage broker, mortgage brokerage business,
 1554  mortgage lender, or correspondent mortgage lender from giving
 1555  the homeowner more time to cancel the agreement than is set
 1556  forth in the statement if all other requirements of this
 1557  subsection are met.
 1558         (e) The person offering or providing the loan modification
 1559  services must give the borrower a copy of the signed agreement
 1560  within 3 hours after the borrower signs the agreement.
 1561         (4) DEFINITIONS.—Notwithstanding s. 494.001, as used in
 1562  this section, the term:
 1563         (a) “Borrower” means a person obligated to repay a mortgage
 1564  loan and includes, but is not limited to, a coborrower,
 1565  cosignor, or guarantor.
 1566         (b) “Loan modification” means a modification to an existing
 1567  loan. The term does not include a refinancing transaction.
 1568         (c) “Mortgage broker” means for compensation or gain,
 1569  directly or indirectly, accepting or offering to accept an
 1570  application for a mortgage loan, soliciting or offering to
 1571  solicit a mortgage loan on behalf of a borrower, negotiating or
 1572  offering to negotiate the terms or conditions of a new or
 1573  existing mortgage loan on behalf of a borrower or lender, or
 1574  negotiating or offering to negotiate the sale of an existing
 1575  mortgage loan to a noninstitutional investor. An employee whose
 1576  activities are ministerial and clerical, which may include
 1577  quoting available interest rates or loan terms and conditions,
 1578  is not acting as a mortgage broker.
 1579         Section 20. The Division of Statutory Revision is requested
 1580  to rename part II of chapter 494, Florida Statutes, consisting
 1581  of ss. 494.00312-491.0043, Florida Statutes, as “Loan
 1582  Originators and Mortgage Brokers.”
 1583         Section 21. Effective January 1, 2010, section 494.003,
 1584  Florida Statutes, is repealed.
 1585         Section 22. Section 494.0031, Florida Statutes, is
 1586  repealed.
 1587         Section 23. Section 494.00312, Florida Statutes, is created
 1588  to read:
 1589         494.00312Loan originator license.—
 1590         (1)An individual who acts as a loan originator must be
 1591  licensed under this section.
 1592         (2)In order to apply for loan originator license, an
 1593  applicant must:
 1594         (a)Be at least 18 years of age and have a high school
 1595  diploma or its equivalent.
 1596         (b)Complete a 20-hour prelicensing class approved by the
 1597  registry.
 1598         (c)Pass a written test developed by the registry and
 1599  administered by a provider approved by the registry.
 1600         (d)Submit a completed license application form as
 1601  prescribed by commission rule.
 1602         (e)Submit a nonrefundable application fee of $195, and the
 1603  $20 nonrefundable fee if required by s. 494.00172. Application
 1604  fees may not be prorated for partial years of licensure.
 1605         (f)Submit fingerprints in accordance with rules adopted by
 1606  the commission:
 1607         1.The fingerprints may be submitted to the registry, the
 1608  office, or a vendor acting on behalf of the registry or the
 1609  office.
 1610         2.The office may contract with a third-party vendor to
 1611  provide live-scan fingerprinting in lieu of a paper fingerprint
 1612  card.
 1613         3.A state criminal history background check must be
 1614  conducted through the Department of Law Enforcement and a
 1615  federal criminal history background check must be conducted
 1616  through the Federal Bureau of Investigation.
 1617         4.All fingerprints submitted to the Department of Law
 1618  Enforcement must be submitted electronically and entered into
 1619  the statewide automated fingerprint identification system
 1620  established in s. 943.05(2)(b) and available for use in
 1621  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1622  annual fee to the department to participate in the system and
 1623  inform the department of any person whose fingerprints are no
 1624  longer required to be retained.
 1625         5.The costs of fingerprint processing, including the cost
 1626  of retaining the fingerprints, shall be borne by the person
 1627  subject to the background check.
 1628         6.The office is responsible for reviewing the results of
 1629  the state and federal criminal history checks and determining
 1630  whether the applicant meets licensure requirements.
 1631         (g)Authorize the registry to obtain an independent credit
 1632  report on the applicant from a consumer reporting agency, and
 1633  transmit or provide access to the report to the office. The cost
 1634  of the credit report shall be borne by the applicant.
 1635         (h)Submit additional information or documentation
 1636  requested by the office and required by rule concerning the
 1637  applicant. Additional information may include documentation of
 1638  pending and prior disciplinary and criminal history events,
 1639  including arrest reports and certified copies of charging
 1640  documents, plea agreements, judgments and sentencing documents,
 1641  documents relating to pretrial intervention, orders terminating
 1642  probation or supervised release, final administrative agency
 1643  orders, or other comparable documents that may provide the
 1644  office with the appropriate information to determine eligibility
 1645  for licensure.
 1646         (i)Submit any other information required by the registry
 1647  for the processing of the application.
 1648         (3)An application is considered received for the purposes
 1649  of s. 120.60 upon the office’s receipt of all documentation from
 1650  the registry, including the completed application form,
 1651  documentation of completion of the prelicensure class, test
 1652  results, criminal history information, and independent credit
 1653  report, as well as the license application fee, the fee required
 1654  by s. 494.00172, and all applicable fingerprinting processing
 1655  fees.
 1656         (4)The office shall issue a loan originator license to
 1657  each person who is not otherwise ineligible and who meets the
 1658  requirements of this section. However, it is a ground for denial
 1659  of licensure if the applicant:
 1660         (a)Has committed any violation specified in ss. 494.001
 1661  494.0077, or is the subject of a pending felony criminal
 1662  prosecution or a prosecution or an administrative enforcement
 1663  action, in any jurisdiction, which involves fraud, dishonesty,
 1664  breach of trust, money laundering, or any other act of moral
 1665  turpitude.
 1666         (b)Has failed to demonstrate the character, general
 1667  fitness, and financial responsibility necessary to command the
 1668  confidence of the community and warrant a determination that the
 1669  applicant will operate honestly, fairly, and efficiently. 
 1670         1. If the office has information that could form the basis
 1671  for license denial under this paragraph, before denying the
 1672  license, the office must notify the applicant in writing of the
 1673  specific items of concern and provide the applicant with an
 1674  opportunity to explain the circumstances surrounding the
 1675  specific items and provide any information that the applicant
 1676  believes is relevant to the office’s determination.
 1677         2. For purposes of evaluating adverse information found in
 1678  an applicant’s credit report, the information must be considered
 1679  within the totality of the circumstances. Information provided
 1680  by the applicant under subparagraph 1., or information obtained
 1681  by the office by other means, may be used to provide a context
 1682  for the adverse items. For example, the adverse items may have
 1683  resulted from factors that do not necessarily reflect negatively
 1684  upon the applicant’s character, general fitness, or financial
 1685  responsibility. 
 1686         3. The office may not use a credit score or the absence or
 1687  insufficiency of credit history information to determine
 1688  character, general fitness, or financial responsibility.
 1689         4. If information contained in a credit report is used as
 1690  the basis for denying a license, the office shall, in accordance
 1691  with s. 120.60(3), provide with particularity the grounds or
 1692  basis for denial. The use of the terms “poor credit history,”
 1693  “poor credit rating,” or similar language do not meet the
 1694  requirements of this paragraph.
 1695         (5)The office may not issue a license to an applicant who
 1696  has had a loan originator license or its equivalent revoked in
 1697  any jurisdiction.
 1698         (6)A loan originator license shall be annulled pursuant to
 1699  s. 120.60 if it was issued by the office by mistake. A license
 1700  must be reinstated if the applicant demonstrates that the
 1701  requirements for obtaining the license under this chapter have
 1702  been satisfied.
 1703         (7)All loan originator licenses must be renewed annually
 1704  by December 31 pursuant to s. 494.00313. If a person holding an
 1705  active loan originator license has not applied to renew the
 1706  license on or before December 31, the loan originator license
 1707  expires on December 31. If a person holding an active loan
 1708  originator license has applied to renew the license on or before
 1709  December 31, the loan originator license remains active until
 1710  the renewal application is approved or denied. A loan originator
 1711  is not precluded from reapplying for licensure upon expiration
 1712  of a previous license.
 1713         Section 24. Section 494.00313, Florida Statutes, is created
 1714  to read:
 1715         494.00313Loan originator license renewal.—
 1716         (1)In order to renew a loan originator license, a loan
 1717  originator must:
 1718         (a)Submit a completed license renewal form as prescribed
 1719  by commission rule.
 1720         (b)Submit a nonrefundable renewal fee of $150, the $20
 1721  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1722  fees to cover the cost of further fingerprint processing and
 1723  retention as set forth in commission rule.
 1724         (c)Provide documentation of completion of at least 8 hours
 1725  of continuing education in courses reviewed and approved by the
 1726  registry.
 1727         (d)Authorize the registry to obtain an independent credit
 1728  report on the licensee from a consumer reporting agency, and
 1729  transmit or provide access to the report to the office. The cost
 1730  of the credit report shall be borne by the licensee.
 1731         (e)Submit any additional information or documentation
 1732  requested by the office and required by rule concerning the
 1733  licensee. Additional information may include documentation of
 1734  pending and prior disciplinary and criminal history events,
 1735  including arrest reports and certified copies of charging
 1736  documents, plea agreements, judgments and sentencing documents,
 1737  documents relating to pretrial intervention, orders terminating
 1738  probation or supervised release, final administrative agency
 1739  orders, or other comparable documents that may provide the
 1740  office with the appropriate information to determine eligibility
 1741  for renewal of licensure.
 1742         (2)The office may not renew a loan originator license
 1743  unless the loan originator continues to meet the minimum
 1744  requirements for initial licensure pursuant to s. 494.00312 and
 1745  adopted rule.
 1746         Section 25. Section 494.0032, Florida Statutes, is
 1747  repealed.
 1748         Section 26. Section 494.00321, Florida Statutes, is created
 1749  to read:
 1750         494.00321Mortgage broker license.—
 1751         (1)Each person who acts as a mortgage broker must be
 1752  licensed in accordance with this section.
 1753         (2)In order to apply for a mortgage broker license an
 1754  applicant must:
 1755         (a)Submit a completed license application form as
 1756  prescribed by commission rule.
 1757         (b)Designate a qualified principal loan originator on the
 1758  application form who meets the requirements of s. 494.0035.
 1759         (c)Submit a nonrefundable application fee of $425, and the
 1760  $100 nonrefundable fee if required by s. 494.00172. Application
 1761  fees may not be prorated for partial years of licensure.
 1762         (d)Submit fingerprints for each of the applicant’s control
 1763  persons in accordance with rules adopted by the commission:
 1764         1.The fingerprints may be submitted to the registry, the
 1765  office, or a vendor acting on behalf of the registry or the
 1766  office.
 1767         2.The office may contract with a third-party vendor to
 1768  provide live-scan fingerprinting in lieu of a paper fingerprint
 1769  card.
 1770         3.A state criminal history background check must be
 1771  conducted through the Department of Law Enforcement and a
 1772  federal criminal history background check must be conducted
 1773  through the Federal Bureau of Investigation.
 1774         4.All fingerprints submitted to the Department of Law
 1775  Enforcement must be submitted electronically and entered into
 1776  the statewide automated fingerprint identification system
 1777  established in s. 943.05(2)(b) and available for use in
 1778  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1779  annual fee to the department to participate in the system and
 1780  inform the department of any person whose fingerprints are no
 1781  longer required to be retained.
 1782         5.The costs of fingerprint processing, including the cost
 1783  of retaining the fingerprints, shall be borne by the person
 1784  subject to the background check.
 1785         6.The office is responsible for reviewing the results of
 1786  the state and federal criminal history checks and determining
 1787  whether the applicant meets licensure requirements.
 1788         (e)Authorize the registry to obtain an independent credit
 1789  report on each of the applicant’s control persons from a
 1790  consumer reporting agency, and transmit or provide access to the
 1791  report to the office. The cost of the credit report shall be
 1792  borne by the applicant.
 1793         (f)Submit additional information or documentation
 1794  requested by the office and required by rule concerning the
 1795  applicant or a control person of the applicant. Additional
 1796  information may include documentation of pending and prior
 1797  disciplinary and criminal history events, including arrest
 1798  reports and certified copies of charging documents, plea
 1799  agreements, judgments and sentencing documents, documents
 1800  relating to pretrial intervention, orders terminating probation
 1801  or supervised release, final administrative agency orders, or
 1802  other comparable documents that may provide the office with the
 1803  appropriate information to determine eligibility for licensure.
 1804         (g)Submit any other information required by the registry
 1805  for the processing of the application.
 1806         (3)An application is considered received for the purposes
 1807  of s. 120.60 upon the office’s receipt of all documentation from
 1808  the registry, including the completed application form, criminal
 1809  history information, and independent credit report, as well as
 1810  the license application fee, the fee required by s. 492.00172,
 1811  and all applicable fingerprinting processing fees.
 1812         (4)The office shall issue a mortgage broker license to
 1813  each person who is not otherwise ineligible and who meets the
 1814  requirements of this section. However, it is a ground for denial
 1815  of licensure if the applicant or one of the applicant’s control
 1816  persons:
 1817         (a)Has committed any violation specified in ss. 494.001
 1818  494.0077, or is the subject of a pending felony criminal
 1819  prosecution or a prosecution or an administrative enforcement
 1820  action, in any jurisdiction, which involves fraud, dishonesty,
 1821  breach of trust, money laundering, or any other act of moral
 1822  turpitude.
 1823         (b)Has failed to demonstrate the character, general
 1824  fitness, and financial responsibility necessary to command the
 1825  confidence of the community and warrant a determination that the
 1826  applicant will operate honestly, fairly, and efficiently. 
 1827         1. If the office has information that could form the basis
 1828  for license denial under this paragraph, before denying the
 1829  license, the office must notify the applicant in writing of the
 1830  specific items of concern and provide the applicant with an
 1831  opportunity to explain the circumstances surrounding the
 1832  specific items and provide any information that the applicant
 1833  believes is relevant to the office’s determination.
 1834         2. For purposes of evaluating adverse information found in
 1835  an applicant’s credit report, the information must be considered
 1836  within the totality of the circumstances. Information provided
 1837  by the applicant under subparagraph 1., or information obtained
 1838  by the office by other means, may be used to provide a context
 1839  for the adverse items. For example, the adverse items may have
 1840  resulted from factors that do not necessarily reflect negatively
 1841  upon the applicant’s character, general fitness, or financial
 1842  responsibility. 
 1843         3. The office may not use a credit score or the absence or
 1844  insufficiency of credit history information to determine
 1845  character, general fitness, or financial responsibility.
 1846         4. If information contained in a credit report is used as
 1847  the basis for denying a license, the office shall, in accordance
 1848  with s. 120.60(3), provide with particularity the grounds or
 1849  basis for denial. The use of the terms “poor credit history,”
 1850  “poor credit rating,” or similar language do not meet the
 1851  requirements of this paragraph.
 1852         (5)The office shall deny a license if the applicant has
 1853  had a mortgage broker license, or its equivalent, revoked in any
 1854  jurisdiction, or if any of the applicant’s control persons has
 1855  had a loan originator license, or its equivalent, revoked in any
 1856  jurisdiction.
 1857         (6)A mortgage broker license shall be annulled pursuant to
 1858  s. 120.60 if it was issued by the office by mistake. A license
 1859  must be reinstated if the applicant demonstrates that the
 1860  requirements for obtaining the license under this chapter have
 1861  been satisfied.
 1862         (7)All mortgage broker licenses must be renewed annually
 1863  by December 31 pursuant to s. 494.00322. If a person holding an
 1864  active mortgage broker license has not applied to renew the
 1865  license on or before December 31, the mortgage broker license
 1866  expires on December 31. If a person holding an active mortgage
 1867  broker license has applied to renew the license on or before
 1868  December 31, the mortgage broker license remains active until
 1869  the renewal application is approved or denied. A mortgage broker
 1870  is not precluded from reapplying for licensure upon expiration
 1871  of a previous license.
 1872         Section 27. Section 494.00322, Florida Statutes, is created
 1873  to read:
 1874         494.00322Mortgage broker license renewal.—
 1875         (1) In order to renew a mortgage broker license, a mortgage
 1876  broker must:
 1877         (a)Submit a completed license renewal form as prescribed
 1878  by commission rule.
 1879         (b)Submit a nonrefundable renewal fee of $375, the $100
 1880  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1881  fees to cover the cost of further fingerprint processing and
 1882  retention as set forth in commission rule.
 1883         (c)Submit fingerprints in accordance with s.
 1884  494.00321(2)(d) for any new control persons who have not been
 1885  screened.
 1886         (d)Authorize the registry to obtain an independent credit
 1887  report on each of the licensee’s control persons from a consumer
 1888  reporting agency, and transmit or provide access to the report
 1889  to the office. The cost of the credit report shall be borne by
 1890  the licensee.
 1891         (e)Submit any additional information or documentation
 1892  requested by the office and required by rule concerning the
 1893  licensee or a control person of the licensee. Additional
 1894  information may include documentation of pending and prior
 1895  disciplinary and criminal history events, including arrest
 1896  reports and certified copies of charging documents, plea
 1897  agreements, judgments and sentencing documents, documents
 1898  relating to pretrial intervention, orders terminating probation
 1899  or supervised release, final administrative agency orders, or
 1900  other comparable documents that may provide the office with the
 1901  appropriate information to determine eligibility for renewal of
 1902  licensure.
 1903         (2)The office may not renew a mortgage broker license
 1904  unless the licensee continues to meet the minimum requirements
 1905  for initial licensure pursuant to s. 494.00321 and adopted rule.
 1906         Section 28. Section 494.0033, Florida Statutes, is
 1907  repealed.
 1908         Section 29. Section 494.00331, Florida Statutes, is amended
 1909  to read:
 1910         494.00331 Loan originator employment Mortgage broker
 1911  association.—An individual may not act as a loan originator
 1912  unless he or she is an employee of, or an independent contractor
 1913  for, a mortgage broker or a mortgage lender, and may not be
 1914  employed by or contract with more than one mortgage broker or
 1915  mortgage lender, or either simultaneously. No person required to
 1916  be licensed as a mortgage broker under this chapter shall be
 1917  simultaneously an associate of more than one licensed mortgage
 1918  brokerage business, licensed mortgage lender, or licensed
 1919  correspondent mortgage lender.
 1920         Section 30. Section 494.0034, Florida Statutes, is
 1921  repealed.
 1922         Section 31. Section 494.0035, Florida Statutes, is amended
 1923  to read:
 1924         494.0035 Principal loan originator broker and branch
 1925  manager for mortgage broker requirements.—
 1926         (1) Each mortgage broker brokerage business must be
 1927  operated by a principal loan originator who shall have a
 1928  principal broker who shall operate the business under such
 1929  broker’s full charge, control, and supervision of the mortgage
 1930  broker business. The principal loan originator must have been
 1931  licensed as a loan originator broker must have been a licensed
 1932  mortgage broker pursuant to s. 494.0033 for at least 1 year
 1933  before prior to being designated as the a principal loan
 1934  originator broker, or must shall demonstrate to the satisfaction
 1935  of the office that he or she such principal broker has been
 1936  actively engaged in a mortgage broker-related mortgage-related
 1937  business for at least 1 year before prior to being designated as
 1938  a principal loan originator broker. Each mortgage broker must
 1939  keep the office informed of the person designated as the
 1940  principal loan originator as prescribed by commission rule
 1941  brokerage business shall maintain a form as prescribed by the
 1942  commission indicating the business’s designation of principal
 1943  broker and the individual’s acceptance of such responsibility.
 1944  If the designation is inaccurate, the business shall be deemed
 1945  to be operated under form is unavailable, inaccurate, or
 1946  incomplete, it is deemed that the business was operated in the
 1947  full charge, control, and supervision of by each officer,
 1948  director, or ultimate equitable owner of a 10-percent or greater
 1949  interest in the mortgage broker brokerage business, or any other
 1950  person in a similar capacity. A loan originator may not be a
 1951  principal loan originator for more than one mortgage broker at
 1952  any given time.
 1953         (2) Each branch office of a mortgage broker brokerage
 1954  business must be operated by a have a designated branch manager
 1955  broker who shall have operate the business under such broker’s
 1956  full charge, control, and supervision of the branch office. The
 1957  designated branch manager broker must be a licensed loan
 1958  originator mortgage broker pursuant to s. 494.00312 s. 494.0033.
 1959  Each branch office must keep the office informed of the person
 1960  designated as the branch manager as prescribed by commission
 1961  rule, which includes documentation of shall maintain a form as
 1962  prescribed by the commission logging the branch’s designation of
 1963  a branch broker and the individual’s acceptance of such
 1964  responsibility. If the designation is inaccurate, the branch
 1965  office shall be deemed to be operated under form is unavailable,
 1966  inaccurate, or incomplete, it is deemed that the branch was
 1967  operated in the full charge, control, and supervision of by each
 1968  officer, director, or ultimate equitable owner of a 10-percent
 1969  or greater interest in the mortgage broker brokerage business,
 1970  or any other person in a similar capacity.
 1971         Section 32. Section 494.0036, Florida Statutes, is amended
 1972  to read:
 1973         494.0036 Mortgage broker branch office license brokerage
 1974  business branch offices.—
 1975         (1) Each branch office of a mortgage broker must be
 1976  licensed under this section. A mortgage brokerage business
 1977  branch office license is required for each branch office
 1978  maintained by a mortgage brokerage business.
 1979         (2) The office shall issue a mortgage broker brokerage
 1980  business branch office license to a mortgage broker brokerage
 1981  business licensee after the office determines that the licensee
 1982  has submitted a completed application for a branch office in a
 1983  form as prescribed by commission rule and payment of an initial
 1984  nonrefundable branch office license fee of $225 per branch
 1985  office. Application fees may not be prorated for partial years
 1986  of licensure. The branch office license shall be issued in the
 1987  name of the mortgage broker brokerage business that maintains
 1988  the branch office. An application is considered received for
 1989  purposes of s. 120.60 upon receipt of a completed application
 1990  form as prescribed by commission rule, and the required fees a
 1991  nonrefundable application fee of $225, and any other fee
 1992  prescribed by law.
 1993         (3)A branch office license must be renewed annually at the
 1994  time of renewing the mortgage broker license under s. 494.00322.
 1995  A nonrefundable branch renewal fee of $225 per branch office
 1996  must be submitted at the time of renewal.
 1997         Section 33. Section 494.0038, Florida Statutes, is amended
 1998  to read:
 1999         494.0038 Loan origination and mortgage broker fees and
 2000  Mortgage broker disclosures.—
 2001         (1)(a)1. A loan origination fee may not be paid person may
 2002  not receive a mortgage brokerage fee except pursuant to a
 2003  written mortgage broker brokerage agreement between the mortgage
 2004  broker brokerage business and the borrower which is signed and
 2005  dated by the principal loan originator or branch manager, the
 2006  business and the borrower. The unique registry identifier of
 2007  each loan originator responsible for providing loan originator
 2008  services must be printed on the mortgage broker agreement.
 2009         (a)2. The written mortgage broker brokerage agreement must
 2010  describe the services to be provided by the mortgage broker
 2011  brokerage business and specify the amount and terms of the loan
 2012  origination mortgage brokerage fee that the mortgage broker
 2013  brokerage business is to receive.
 2014         1.Except for application and third-party fees, all fees
 2015  received by a mortgage broker from a borrower must be identified
 2016  as a loan origination fee.
 2017         2.All fees on the mortgage broker agreement must be
 2018  disclosed in dollar amounts.
 2019         3.All loan origination fees must be paid to a mortgage
 2020  broker.
 2021         (b) The written mortgage brokerage agreement must be
 2022  executed within 3 business days after a mortgage loan
 2023  application is accepted if the borrower is present when the
 2024  mortgage loan application is accepted. If the borrower is not
 2025  present when such an application is accepted, the licensee shall
 2026  forward the written mortgage brokerage agreement to the borrower
 2027  within 3 business days after the licensee’s acceptance of the
 2028  application and the licensee bears the burden of proving that
 2029  the borrower received and approved the written mortgage
 2030  brokerage agreement.
 2031         (2)(b)1. If the mortgage broker brokerage business is to
 2032  receive any payment of any kind from the mortgage lender, the
 2033  maximum total dollar amount of the payment must be disclosed to
 2034  the borrower in the written mortgage broker brokerage agreement
 2035  as described in paragraph (1)(a). The commission may prescribe
 2036  by rule an acceptable form for disclosure of brokerage fees
 2037  received from the lender. The mortgage brokerage agreement must
 2038  state the nature of the relationship with the lender, describe
 2039  how compensation is paid by the lender, and describe how the
 2040  mortgage interest rate affects the compensation paid to the
 2041  mortgage broker brokerage business.
 2042         (a)2. The exact amount of any payment of any kind by the
 2043  lender to the mortgage broker brokerage business must be
 2044  disclosed in writing to the borrower within 3 business days
 2045  after the mortgage broker brokerage business is made aware of
 2046  the exact amount of the payment from the lender but not less
 2047  than 3 business days before the execution of the closing or
 2048  settlement statement. The licensee bears the burden of proving
 2049  such notification was provided to the borrower. Notification is
 2050  waived if the exact amount of the payment is accurately
 2051  disclosed in the written mortgage broker agreement.
 2052         (b)(c) The commission may prescribe by rule the form of
 2053  disclosure of brokerage fees.
 2054         (3)(2) At the time a written mortgage broker brokerage
 2055  agreement is signed executed by the borrower or forwarded to the
 2056  borrower for signature execution, or at the time the mortgage
 2057  broker brokerage business accepts an application fee, credit
 2058  report fee, property appraisal fee, or any other third-party
 2059  fee, but at least not less than 3 business days before execution
 2060  of the closing or settlement statement, the mortgage broker
 2061  brokerage business shall disclose in writing to any applicant
 2062  for a mortgage loan the following information:
 2063         (a) That the such mortgage broker brokerage business may
 2064  not make mortgage loans or commitments. The mortgage broker
 2065  brokerage business may make a commitment and may furnish a lock
 2066  in of the rate and program on behalf of the lender if when the
 2067  mortgage broker brokerage business has obtained a written
 2068  commitment or lock-in for the loan from the lender on behalf of
 2069  the borrower for the loan. The commitment must be in the same
 2070  form and substance as issued by the lender.
 2071         (b) That the such mortgage broker brokerage business cannot
 2072  guarantee acceptance into any particular loan program or promise
 2073  any specific loan terms or conditions.
 2074         (c) A good faith estimate, signed and dated by the
 2075  borrower, which discloses the total amount of each of the fees
 2076  which the borrower may reasonably expect to pay if the loan is
 2077  closed, including, but not limited to, fees earned by the
 2078  mortgage broker brokerage business, lender fees, third-party
 2079  fees, and official fees, together with the terms and conditions
 2080  for obtaining a refund of such fees, if any. Any amount
 2081  collected in excess of the actual cost shall be returned within
 2082  60 days after rejection, withdrawal, or closing. The good faith
 2083  estimate must identify the recipient of all payments charged the
 2084  borrower and, except for all fees to be received by the mortgage
 2085  broker brokerage business, may be disclosed in generic terms,
 2086  such as, but not limited to, paid to lender, appraiser,
 2087  officials, title company, or any other third-party service
 2088  provider. This requirement does not supplant or is not a
 2089  substitute for the written mortgage broker brokerage agreement
 2090  described in subsection (1).
 2091         (4)(3) The disclosures required by this subsection must be
 2092  furnished in writing at the time an adjustable rate mortgage
 2093  loan is offered to the borrower and whenever the terms of the
 2094  adjustable rate mortgage loan offered materially change prior to
 2095  closing. The mortgage broker shall furnish the disclosures
 2096  relating to adjustable rate mortgages in a format prescribed by
 2097  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2098  of the Federal Reserve System, as amended; its commentary, as
 2099  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2100  1601 et seq., as amended; together with the Consumer Handbook on
 2101  Adjustable Rate Mortgages, as amended; published by the Federal
 2102  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2103  bears the burden of proving such disclosures were provided to
 2104  the borrower.
 2105         (5)(4) If the mortgage broker brokerage agreement includes
 2106  a nonrefundable application fee, the following requirements are
 2107  applicable:
 2108         (a) The amount of the application fee, which must be
 2109  clearly denominated as such, must shall be clearly disclosed.
 2110         (b) The specific services that will be performed in
 2111  consideration for the application fee must shall be disclosed.
 2112         (c) The application fee must be reasonably related to the
 2113  services to be performed and may not be based upon a percentage
 2114  of the principal amount of the loan or the amount financed.
 2115         (6)(5) A mortgage broker brokerage business may not accept
 2116  any fee in connection with a mortgage loan other than an
 2117  application fee, credit report fee, property appraisal fee, or
 2118  other third-party fee before prior to obtaining a written
 2119  commitment from a qualified lender.
 2120         (7)(6) Any third-party fee entrusted to a mortgage broker
 2121  must brokerage business shall immediately, upon receipt, be
 2122  placed into a segregated account with a financial institution
 2123  located in the state the accounts of which are insured by the
 2124  Federal Government. Such funds shall be held in trust for the
 2125  payor and shall be kept in the account until disbursement. Such
 2126  funds may be placed in one account if adequate accounting
 2127  measures are taken to identify the source of the funds.
 2128         (7) All mortgage brokerage fees shall be paid to a mortgage
 2129  brokerage business licensee.
 2130         (8)A mortgage broker may not pay a commission to any
 2131  person not licensed pursuant to this chapter.
 2132         (9)(8) This section does not prohibit a mortgage broker
 2133  brokerage business from offering products and services, in
 2134  addition to those offered in conjunction with the loan
 2135  origination process, for a fee or commission.
 2136         Section 34. Section 494.0039, Florida Statutes, is amended
 2137  to read:
 2138         494.0039 Principal place of business requirements.—Each
 2139  mortgage broker brokerage business licensee shall maintain and
 2140  transact business from a principal place of business.
 2141         Section 35. Section 494.004, Florida Statutes, is amended
 2142  to read:
 2143         494.004 Requirements of licensees.—
 2144         (1) Each licensee under this part ss. 494.003-494.0043
 2145  shall report to the office:,
 2146         (a) In writing, any conviction of, or plea of nolo
 2147  contendere to, regardless of adjudication, any felony or any
 2148  crime or administrative violation that involves fraud,
 2149  dishonesty, breach of trust, money laundering dishonest dealing,
 2150  or any other act of moral turpitude, in any jurisdiction, by the
 2151  licensee or any control natural person within named in s.
 2152  494.0031(2)(d), not later than 30 days after the date of
 2153  conviction, entry of a plea of nolo contendere, or final
 2154  administrative action.
 2155         (b)(2)Each licensee under ss. 494.003-494.0043 shall
 2156  report, In a form prescribed by rule of the commission, any
 2157  conviction of, or plea of nolo contendere to, regardless of
 2158  whether adjudication is withheld, any felony committed by the
 2159  licensee or any control natural person within named in s.
 2160  494.0031(2)(d), not later than 30 days after the date of
 2161  conviction or the date the plea of nolo contendere is entered.
 2162         (c)(3)Each licensee under ss. 494.003-494.0043 shall
 2163  report Any action in bankruptcy, voluntary or involuntary,
 2164  within 30 to the office not later than 7 business days after the
 2165  action is instituted.
 2166         (d)(4)Each licensee under ss. 494.003-494.0043 shall
 2167  report On a form prescribed by rule of the commission, any
 2168  change to the information contained in any initial application
 2169  form or any amendment to the application within not later than
 2170  30 days after the change is effective.
 2171         (5) A license issued under ss. 494.003-494.0043 is not
 2172  transferable or assignable.
 2173         (e)(6)Each licensee under ss. 494.003-494.0043 shall
 2174  report Any change in the principal loan originator broker, any
 2175  addition or subtraction of a control person partners, officers,
 2176  members, joint venturers, directors, control persons of any
 2177  licensee, or any individual who is the ultimate equitable owner
 2178  of a 10-percent or greater interest in the licensee, or any
 2179  change in the form of business organization, by written
 2180  amendment in the form and at the time the commission specifies
 2181  by rule.
 2182         (a) In any case in which a person or a group of persons,
 2183  directly or indirectly or acting by or through one or more
 2184  persons, proposes to purchase or acquire a controlling interest
 2185  in a licensee, such person or group shall submit an initial
 2186  application for licensure as a mortgage brokerage business
 2187  before such purchase or acquisition and at the time and in the
 2188  form the commission prescribes by rule.
 2189         (b) As used in this subsection, the term “controlling
 2190  interest” means possession of the power to direct or cause the
 2191  direction of the management or policies of a company whether
 2192  through ownership of securities, by contract, or otherwise. Any
 2193  person who directly or indirectly has the right to vote 25
 2194  percent or more of the voting securities of a company or is
 2195  entitled to 25 percent or more of the company’s profits is
 2196  presumed to possess a controlling interest.
 2197         (f)(c) Any addition of a partner, officer, member, joint
 2198  venturer, director, control person, or ultimate equitable owner
 2199  of the applicant who does not have a controlling interest and
 2200  who has not previously filed a Uniform Mortgage Biographical
 2201  Statement & Consent Form, MU2, or has not previously complied
 2202  with the fingerprinting and credit report requirements
 2203  provisions of ss. 494.00321 and 494.00322, s. 494.0031(2)(c) and
 2204  (d) is subject to the such provisions of these sections unless
 2205  required to file an initial application in accordance with
 2206  paragraph (a). If, after the addition of a control person, the
 2207  office finds that the licensee does not continue to meet
 2208  licensure requirements, the office may bring an administrative
 2209  action in accordance with s. 494.00255 s. 494.0041 to enforce
 2210  the provisions of this chapter.
 2211         (d) The commission shall adopt rules pursuant to ss.
 2212  120.536(1) and 120.54 providing for the waiver of the
 2213  application required by this subsection if the person or group
 2214  of persons proposing to purchase or acquire a controlling
 2215  interest in a licensee has previously complied with the
 2216  provisions of s. 494.0031(2)(c) and (d) with respect to the same
 2217  legal entity or is currently licensed by the office under this
 2218  chapter.
 2219         (7) On or before April 30, 2000, each mortgage brokerage
 2220  business shall file an initial report stating the name, social
 2221  security number, date of birth, mortgage broker license number,
 2222  date of hire and, if applicable, date of termination for each
 2223  person who was an associate of the mortgage brokerage business
 2224  during the immediate preceding quarter. Thereafter, A mortgage
 2225  brokerage business shall file a quarterly report only if a
 2226  person became an associate or ceased to be an associate of the
 2227  mortgage brokerage business during the immediate preceding
 2228  quarter. Such report shall be filed within 30 days after the
 2229  last day of each calendar quarter and shall contain the name,
 2230  social security number, date of birth, mortgage broker license
 2231  number, date of hire and, if applicable, the date of termination
 2232  of each person who became or ceased to be an associate of the
 2233  mortgage brokerage business during the immediate preceding
 2234  quarter. The commission shall prescribe, by rule, the procedures
 2235  for filing reports required by this subsection.
 2236         (2)(8)(a) In every mortgage loan transaction, each licensee
 2237  under this part must ss. 494.003-494.0043 shall notify a
 2238  borrower of any material changes in the terms of a mortgage loan
 2239  previously offered to the borrower within 3 business days after
 2240  being made aware of such changes by the mortgage lender but at
 2241  least not less than 3 business days before the signing of the
 2242  settlement or closing statement. The licensee bears the burden
 2243  of proving such notification was provided and accepted by the
 2244  borrower.
 2245         (b) A borrower may waive the right to receive notice of a
 2246  material change that is granted under paragraph (a) if the
 2247  borrower determines that the extension of credit is needed to
 2248  meet a bona fide personal financial emergency and the right to
 2249  receive notice would delay the closing of the mortgage loan. The
 2250  imminent sale of the borrower’s home at foreclosure during the
 2251  3-day period before the signing of the settlement or closing
 2252  statement is constitutes an example of a bona fide personal
 2253  financial emergency. In order to waive the borrower’s right to
 2254  receive notice not less than 3 business days before the signing
 2255  of the settlement or closing statement of any such material
 2256  change, the borrower must provide the licensee with a dated
 2257  written statement that describes the personal financial
 2258  emergency, waives the right to receive the notice, bears the
 2259  borrower’s signature, and is not on a printed form prepared by
 2260  the licensee for the purpose of such a waiver.
 2261         (3)Each mortgage broker shall submit to the registry
 2262  reports of condition, which must be in such form and shall
 2263  contain such information as the registry may require.
 2264         (4)A license issued under this part is not transferable or
 2265  assignable.
 2266         Section 36. Section 494.0041, Florida Statutes, is
 2267  repealed.
 2268         Section 37. Section 494.0042, Florida Statutes, is amended
 2269  to read:
 2270         494.0042 Loan origination Brokerage fees.—
 2271         (1) A loan origination mortgage brokerage fee earned by a
 2272  licensee, pursuant to this part ss. 494.003-494.0043, is not
 2273  considered interest or a finance charge under chapter 687.
 2274         (2) A person may not charge or exact, directly or
 2275  indirectly, from the borrower mortgagor a fee or commission in
 2276  excess of the maximum fee or commission specified in this
 2277  section. The maximum fees or commissions that may be charged for
 2278  mortgage loans are as follows:
 2279         (a) On a mortgage loan of $1,000 or less: $250.
 2280         (b) On a mortgage loan exceeding $1,000 and not exceeding
 2281  $2,000: $250 for the first $1,000 of the mortgage loan, plus $10
 2282  for each additional $100 of the mortgage loan.
 2283         (c) On a mortgage loan exceeding $2,000 and not exceeding
 2284  $5,000: $350 for the first $2,000 of the mortgage loan, plus $10
 2285  for each additional $100 of the mortgage loan.
 2286         (d) On a mortgage loan exceeding $5,000: $250 plus 10
 2287  percent of the entire mortgage loan.
 2288  
 2289  For the purpose of determining the maximum fee, the amount of
 2290  the mortgage loan is based on the amount of mortgage loan
 2291  actually funded exclusive of the authorized maximum fees or
 2292  commissions.
 2293         (3) At the time of accepting a mortgage loan application, a
 2294  mortgage broker brokerage business may receive from the borrower
 2295  a nonrefundable application fee. If the mortgage loan is funded,
 2296  the nonrefundable application fee shall be credited against the
 2297  amount owed as a result of the loan being funded. A person may
 2298  not receive any form of compensation for acting as a loan
 2299  originator mortgage broker other than a nonrefundable
 2300  application fee, a fee based on the mortgage amount being
 2301  funded, or a fee which complies with s. 494.00421.
 2302         Section 38. Section 494.00421, Florida Statutes, is amended
 2303  to read:
 2304         494.00421 Fees earned upon obtaining a bona fide
 2305  commitment.—Notwithstanding the provisions of ss. 494.001
 2306  494.0077, any mortgage broker brokerage business which contracts
 2307  to receive from a borrower a loan origination mortgage brokerage
 2308  fee from a borrower upon obtaining a bona fide commitment shall
 2309  accurately disclose in the mortgage broker brokerage agreement:
 2310         (1) The gross loan amount.
 2311         (2) In the case of a fixed-rate mortgage, the note rate.
 2312         (3) In the case of an adjustable rate mortgage:
 2313         (a) The initial note rate.
 2314         (b) The length of time for which the initial note rate is
 2315  effective.
 2316         (c) The frequency of changes.
 2317         (d) The limitation upon such changes including adjustment
 2318  to adjustment cap and life cap.
 2319         (e) Whether the loan has any potential for negative
 2320  amortization.
 2321         (f) Identification of the margin-interest rate
 2322  differential.
 2323         (g) Identification of a nationally recognized index which
 2324  index must be free from control of the mortgage broker, mortgage
 2325  brokerage business, mortgage lender, or correspondent mortgage
 2326  lender.
 2327         (4) The estimated net proceeds to be paid directly to the
 2328  borrower. “Estimated net proceeds” means the cash to be received
 2329  by the borrower after payment of any fees, charges, debts,
 2330  liens, or encumbrances to perfect the lien of the new mortgage
 2331  and establish the agreed-upon priority of the new mortgage.
 2332         (5) The lien priority of the new proposed mortgage.
 2333         (6) The number of calendar days, which are mutually agreed
 2334  upon, within which the mortgage broker brokerage business shall
 2335  obtain a bona fide mortgage commitment.
 2336         (7)(a) The following statement, in at least no less than
 2337  12-point boldface type immediately above the signature lines for
 2338  the borrowers:
 2339  
 2340         “You are entering into a contract with a mortgage broker
 2341  brokerage business to obtain a bona fide mortgage loan
 2342  commitment under the same terms and conditions as stated
 2343  hereinabove or in a separate executed good faith estimate form.
 2344  If the mortgage broker brokerage business obtains a bona fide
 2345  commitment under the same terms and conditions, you will be
 2346  obligated to pay the loan origination mortgage brokerage
 2347  business fees, including, but not limited to, a mortgage
 2348  brokerage fee, even if you choose not to complete the loan
 2349  transaction. If the provisions of s. 494.00421, Florida
 2350  Statutes, are not met, the loan origination mortgage brokerage
 2351  fee can only be earned upon the funding of the mortgage loan.
 2352  The borrower may contact the Department of Financial Services,
 2353  Tallahassee, Florida, regarding any complaints that the borrower
 2354  may have against the loan originator mortgage broker or the
 2355  mortgage brokerage business. The telephone number of the
 2356  department is: ...([insert telephone number])....”
 2357         (b) Paragraph (a) does not apply to nonresidential mortgage
 2358  loan commitments in excess of $1 million.
 2359         (8) Any other disclosure required pursuant to s. 494.0038.
 2360         Section 39. Section 494.0043, Florida Statutes, is amended
 2361  to read:
 2362         494.0043 Requirements for brokering loans to
 2363  noninstitutional investors.—
 2364         (1) A loan originator mortgage broker, when arranging a
 2365  mortgage loan for a noninstitutional investor, shall:
 2366         (a) Before any payment of money by the a noninstitutional
 2367  investor, provide an opinion of value from an appraiser stating
 2368  the value of the security property unless the opinion is waived
 2369  in writing. The opinion must state the value of the property as
 2370  it exists on the date of the opinion. If any relationship exists
 2371  between the loan originator or mortgage broker and the
 2372  appraiser, that relationship shall be disclosed to the investor.
 2373         (b) Provide to the noninstitutional investor a mortgagee’s
 2374  title insurance policy or an opinion of title by an attorney
 2375  licensed to practice law in the state, or a copy thereof.
 2376         1. If a title insurance policy is issued, it must insure
 2377  the noninstitutional investor against the unmarketability of the
 2378  mortgagee’s interest in such title. It must shall also specify
 2379  any superior liens that exist against the property. If an
 2380  opinion of title is issued by an attorney licensed to practice
 2381  law in the state, the opinion must include a statement as to the
 2382  marketability of the title to the property described in the
 2383  mortgage and specify the priority of the mortgage being closed.
 2384         2. If the title insurance policy or opinion of title is not
 2385  available at the time of purchase, the licensee shall provide a
 2386  binder of the title insurance or conditional opinion of title.
 2387  This binder or opinion must include any conditions or
 2388  requirements that need needed to be corrected before prior to
 2389  the issuance of the final title policy or opinion of title. The
 2390  binder or opinion must also include information concerning the
 2391  requirements specified in subparagraph 1. Any conditions must be
 2392  eliminated or waived in writing by the investor before prior to
 2393  delivery to the noninstitutional investor. The policy or
 2394  opinion, or a copy thereof, shall be delivered to the investor
 2395  within a reasonable period of time, not exceeding 6 months,
 2396  after closing.
 2397         3. The requirements of this paragraph may be waived in
 2398  writing. If the requirements are waived by the noninstitutional
 2399  investor, the waiver must include the following statement
 2400  wording: “The noninstitutional investor acknowledges that the
 2401  mortgage broker or mortgage lender brokering this mortgage loan
 2402  is not providing a title insurance policy or opinion of title
 2403  issued by an attorney who is licensed to practice law in the
 2404  State of Florida. Any requirement for title insurance or for a
 2405  legal opinion of title is the sole responsibility of the
 2406  noninstitutional mortgage investor.”
 2407         (c) Provide, if the loan is other than a first mortgage, a
 2408  statement showing the balance owed by the mortgagor on any
 2409  existing mortgages prior to this investment and the status of
 2410  such existing mortgages.
 2411         (d) Provide a disclosure if the licensee is directly or
 2412  indirectly acting as a borrower or principal in the transaction.
 2413         (2) Each original or certified copy of the mortgage, or
 2414  other instrument securing a note or assignment thereof, must
 2415  shall be recorded before being delivered to the noninstitutional
 2416  investor. A mortgage broker shall cause the properly endorsed
 2417  original note to be delivered to the noninstitutional investor.
 2418         (3) Each mortgage and assignment must shall be recorded as
 2419  soon as practical, but no later than 30 business days after the
 2420  date of closing.
 2421         (4) Any money from a noninstitutional investor for
 2422  disbursement at a mortgage loan closing must shall be deposited
 2423  with and disbursed by an attorney duly licensed in this state or
 2424  by a title company duly licensed in this state. A person acting
 2425  as a loan originator mortgage broker may not have control of any
 2426  money from a noninstitutional investor. This subsection does not
 2427  prohibit a licensee under this part ss. 494.003-494.0043 from
 2428  receiving a loan origination mortgage brokerage fee upon the
 2429  closing of the mortgage loan funded by the noninstitutional
 2430  investor.
 2431         Section 40. Effective January 1, 2010, section 494.006,
 2432  Florida Statutes, is repealed.
 2433         Section 41. Section 494.0061, Florida Statutes, is
 2434  repealed.
 2435         Section 42. Section 494.00611, Florida Statutes, is created
 2436  to read:
 2437         494.00611Mortgage lender license.—
 2438         (1)Each person who acts as a mortgage lender must be
 2439  licensed under this section.
 2440         (2)In order to apply for a mortgage lender license an
 2441  applicant must:
 2442         (a)Submit a completed application form as prescribed by
 2443  the commission by rule.
 2444         (b)Designate a qualified principal loan originator who
 2445  meets the requirements of s. 494.0035 on the application form.
 2446         (c)Submit a nonrefundable application fee of $500, and the
 2447  $100 nonrefundable fee if required by s. 494.00172. Application
 2448  fees may not be prorated for partial years of licensure.
 2449         (d)Submit fingerprints for each of the applicant’s control
 2450  persons in accordance with rules adopted by the commission:
 2451         1.The fingerprints may be submitted to the registry, the
 2452  office, or a vendor acting on behalf of the registry or the
 2453  office.
 2454         2.The office may contract with a third-party vendor to
 2455  provide live-scan fingerprinting in lieu of a paper fingerprint
 2456  card.
 2457         3.A state criminal history background check must be
 2458  conducted through the Department of Law Enforcement and a
 2459  federal criminal history background check must be conducted
 2460  through the Federal Bureau of Investigation.
 2461         4.All fingerprints submitted to the Department of Law
 2462  Enforcement must be submitted electronically and entered into
 2463  the statewide automated fingerprint identification system
 2464  established in s. 943.05(2)(b) and available for use in
 2465  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 2466  annual fee to the department to participate in the system and
 2467  inform the department of any person whose fingerprints are no
 2468  longer required to be retained.
 2469         5.The costs of fingerprint processing, including the cost
 2470  of retaining the fingerprints, shall be borne by the person
 2471  subject to the background check.
 2472         6.The office is responsible for reviewing the results of
 2473  the state and federal criminal history checks and determining
 2474  whether the applicant meets licensure requirements.
 2475         (e)Indicate whether the applicant will be seeking a
 2476  servicing endorsement on the application form.
 2477         (f)Submit a copy of the applicant’s financial audit report
 2478  for the most recent fiscal year which, pursuant to United States
 2479  generally accepted accounting principles. If the applicant is a
 2480  wholly owned subsidiary of another corporation, the financial
 2481  audit report for the parent corporation satisfies this
 2482  requirement. The commission may establish by rule the form and
 2483  procedures for filing the financial audit report, including the
 2484  requirement to file the report with the registry when technology
 2485  is available. The financial audit report must document that the
 2486  applicant has a bona fide and verifiable net worth, of at least
 2487  $63,000 if the applicant is not seeking a servicing endorsement,
 2488  or at least $250,000 if the applicant is seeking a servicing
 2489  endorsement, which must be continuously maintained as a
 2490  condition of licensure. However, if the applicant held an active
 2491  license issued before October 1, 2010, pursuant to former s.
 2492  494.0065, and the applicant is seeking a servicing endorsement,
 2493  the minimum net worth requirement:
 2494         1.Until September 30, 2011, is $63,000.
 2495         2.Between October 1, 2011, and September 30, 2012, is
 2496  $125,000.
 2497         3.On or after October 1, 2012, is $250,000.
 2498         (g)Authorize the registry to obtain an independent credit
 2499  report on each of the applicant’s control persons from a
 2500  consumer reporting agency, and transmit or provide access to the
 2501  report to the office. The cost of the credit report shall be
 2502  borne by the applicant.
 2503         (h)Submit additional information or documentation
 2504  requested by the office and required by rule concerning the
 2505  applicant or a control person of the applicant. Additional
 2506  information may include documentation of pending and prior
 2507  disciplinary and criminal history events, including arrest
 2508  reports and certified copies of charging documents, plea
 2509  agreements, judgments and sentencing documents, documents
 2510  relating to pretrial intervention, orders terminating probation
 2511  or supervised release, final administrative agency orders, or
 2512  other comparable documents that may provide the office with the
 2513  appropriate information to determine eligibility for licensure.
 2514         (i)Submit any other information required by the registry
 2515  for the processing of the application.
 2516         (3)An application is considered received for the purposes
 2517  of s. 120.60 upon the office’s receipt of all documentation from
 2518  the registry, including the completed application form, criminal
 2519  history information, and independent credit report, as well as
 2520  the license application fee, the fee required under s.
 2521  494.00172, and all applicable fingerprinting processing fees.
 2522         (4)The office shall issue a mortgage lender license to
 2523  each person who is not otherwise ineligible and who meets the
 2524  requirements of this section. However, it is a ground for denial
 2525  of licensure if the applicant or one of the applicant’s control
 2526  persons:
 2527         (a)Has committed any violation specified in ss. 494.001
 2528  494.0077, or is the subject of a pending felony criminal
 2529  prosecution or a prosecution or an administrative enforcement
 2530  action, in any jurisdiction, which involves fraud, dishonesty,
 2531  breach of trust, money laundering, or any other act of moral
 2532  turpitude.
 2533         (b)Has failed to demonstrate the character, general
 2534  fitness, and financial responsibility necessary to command the
 2535  confidence of the community and warrant a determination that the
 2536  applicant will operate honestly, fairly, and efficiently. 
 2537         1. If the office has information that could form the basis
 2538  for license denial under this paragraph, before denying the
 2539  license, the office must notify the applicant in writing of the
 2540  specific items of concern and provide the applicant with an
 2541  opportunity to explain the circumstances surrounding the
 2542  specific items and provide any information that the applicant
 2543  believes is relevant to the office’s determination.
 2544         2. For purposes of evaluating adverse information found in
 2545  an applicant’s credit report, the information must be considered
 2546  within the totality of the circumstances. Information provided
 2547  by the applicant under subparagraph 1., or information obtained
 2548  by the office by other means, may be used to provide a context
 2549  for the adverse items. For example, the adverse items may have
 2550  resulted from factors that do not necessarily reflect negatively
 2551  upon the applicant’s character, general fitness, or financial
 2552  responsibility. 
 2553         3. The office may not use a credit score or the absence or
 2554  insufficiency of credit history information to determine
 2555  character, general fitness, or financial responsibility.
 2556         4. If information contained in a credit report is used as
 2557  the basis for denying a license, the office shall, in accordance
 2558  with s. 120.60(3), provide with particularity the grounds or
 2559  basis for denial. The use of the terms “poor credit history,”
 2560  “poor credit rating,” or similar language do not meet the
 2561  requirements of this paragraph.
 2562         (5)The office may not issue a license if the applicant has
 2563  had a mortgage lender license or its equivalent revoked in any
 2564  jurisdiction, or any of the applicant’s control persons has ever
 2565  had a loan originator license or its equivalent revoked in any
 2566  jurisdiction.
 2567         (6)A person required to be licensed under this part, or an
 2568  agent or employee thereof, is deemed to have consented to the
 2569  venue of courts in this state regarding any matter within the
 2570  authority of ss. 494.001-494.0077 regardless of where an act or
 2571  violation was committed.
 2572         (7)A license issued in accordance with this part is not
 2573  transferable or assignable.
 2574         (8)A mortgage lender or branch office license may be
 2575  annulled pursuant to s. 120.60 if it was issued by the office by
 2576  mistake. A license must be reinstated if the applicant
 2577  demonstrates that the requirements for obtaining the license
 2578  under this chapter have been satisfied.
 2579         (9)Each lender, regardless of the number of branches it
 2580  operates, shall designate a principal loan originator
 2581  representative who exercises control of the licensee’s business,
 2582  and a branch manager for each branch office. Each mortgage
 2583  lender must keep the office informed of the persons designated
 2584  as prescribed by commission rule, which includes documentation
 2585  of the individual’s acceptance of such responsibility. If the
 2586  designation is inaccurate, the branch shall be deemed to be
 2587  operated under the full charge, control, and supervision by each
 2588  officer, director, or ultimate equitable owner of a 10 percent
 2589  or greater interest in the mortgage lender business, or any
 2590  other person in a similar capacity during that time.
 2591         (10)All mortgage lender licenses must be renewed annually
 2592  by December 31 pursuant to s. 494.00612. If a person holding an
 2593  active mortgage lender license has not applied to renew the
 2594  license on or before December 31, the mortgage lender license
 2595  expires on December 31. If a person holding an active mortgage
 2596  lender license has applied to renew the license on or before
 2597  December 31, the mortgage lender license remains active until
 2598  the renewal application is approved or denied. A mortgage lender
 2599  is not precluded from reapplying for licensure upon expiration
 2600  of a previous license.
 2601         Section 43. Section 494.00612, Florida Statutes, is created
 2602  to read:
 2603         494.00612Mortgage lender license renewal.—
 2604         (1)In order to renew a mortgage lender license, a mortgage
 2605  lender must:
 2606         (a)Submit a completed license renewal form as prescribed
 2607  by commission rule.
 2608         (b)Submit a nonrefundable renewal fee of $475, the $100
 2609  nonrefundable fee if required by s. 494.00172, and nonrefundable
 2610  fees to cover the cost of further fingerprint processing and
 2611  retention as set forth in commission rule.
 2612         (c)Submit fingerprints in accordance with s.
 2613  494.00611(2)(d) for any new control persons who have not been
 2614  screened.
 2615         (d)Provide proof that the mortgage lender continues to
 2616  meet the applicable net worth requirement in a form prescribed
 2617  by commission rule.
 2618         (e)Authorize the registry to obtain an independent credit
 2619  report on the mortgage lender from a consumer reporting agency,
 2620  and transmit or provide access to the report to the office. The
 2621  cost of the credit report shall be borne by the licensee.
 2622         (f)Submit any additional information or documentation
 2623  requested by the office and required by rule concerning the
 2624  licensee. Additional information may include documentation of
 2625  pending and prior disciplinary and criminal history events,
 2626  including arrest reports and certified copies of charging
 2627  documents, plea agreements, judgments and sentencing documents,
 2628  documents relating to pretrial intervention, orders terminating
 2629  probation or supervised release, final administrative agency
 2630  orders, or other comparable documents that may provide the
 2631  office with the appropriate information to determine eligibility
 2632  for renewal of licensure.
 2633         (2)The office may not renew a mortgage lender license
 2634  unless the mortgage lender continues to meet the minimum
 2635  requirements for initial licensure pursuant to s. 494.00611 and
 2636  adopted rule.
 2637         Section 44. Section 494.0062, Florida Statutes, is
 2638  repealed.
 2639         Section 45. Section 494.0063, Florida Statutes, is amended
 2640  to read:
 2641         494.0063 Audited financial statements.—All audited
 2642  financial statements required by ss. 494.001-494.0077 must be
 2643  prepared by an independent licensed certified public accountant.
 2644  A mortgage lender must obtain an annual financial audit report
 2645  as of the date of the licensee’s fiscal year end, as disclosed
 2646  to the office on the application or a subsequent amendment to
 2647  the application. The mortgage lender shall submit a copy of the
 2648  report to the office within 120 days after the end of the
 2649  licensee’s fiscal year. If the licensee is a wholly owned
 2650  subsidiary of another corporation, the financial audit report of
 2651  the parent corporation’s satisfies this requirement. If the
 2652  licensee changes its fiscal year, the licensee must file a
 2653  report within 18 months after the previously submitted report.
 2654  The commission may establish by rule the procedures and form for
 2655  filing a financial audit report, including the requirement to
 2656  file the report with the registry when technology is available.
 2657         Section 46. Section 494.0064, Florida Statutes, is
 2658  repealed.
 2659         Section 47. Section 494.0065, Florida Statutes, is
 2660  repealed.
 2661         Section 48. Section 494.0066, Florida Statutes, is amended
 2662  to read:
 2663         494.0066 Branch offices.—
 2664         (1) Each branch office of a mortgage lender must be
 2665  licensed under this section A branch office license is required
 2666  for each branch office maintained by a licensee under ss.
 2667  494.006-494.0077.
 2668         (2) The office shall issue a branch office license to a
 2669  mortgage lender licensee licensed under ss. 494.006-494.0077
 2670  after the office determines that the mortgage lender licensee
 2671  has submitted a completed branch office application form as
 2672  prescribed by rule by the commission, and an initial
 2673  nonrefundable branch office license fee of $225 per branch
 2674  office $325. Application fees may not be prorated for partial
 2675  years of licensure. The branch office application must include
 2676  the name and license number of the mortgage lender licensee
 2677  under this part ss. 494.006-494.0077, the name of the branch
 2678  manager licensee’s employee in charge of the branch office, and
 2679  the address of the branch office. The branch office license
 2680  shall be issued in the name of the mortgage lender licensee
 2681  under ss. 494.006-494.0077 and must be renewed in conjunction
 2682  with the license renewal. An application is considered received
 2683  for purposes of s. 120.60 upon receipt of a completed branch
 2684  office renewal form, as prescribed by commission rule, and the
 2685  required fees.
 2686         (3)A branch office license must be renewed at the time of
 2687  renewing the mortgage lender license. A nonrefundable fee of
 2688  $225 per branch office must be submitted at the time of renewal.
 2689         Section 49. Section 494.00665, Florida Statutes, is created
 2690  to read:
 2691         494.00665Principal loan originator and branch manager for
 2692  mortgage lender.—
 2693         (1)Each mortgage lender business must be operated by a
 2694  principal loan originator who shall have full charge, control,
 2695  and supervision of the mortgage lender business. The principal
 2696  loan originator must be licensed as a loan originator pursuant
 2697  to s. 494.00312. Each mortgage lender must keep the office
 2698  informed of the person designated as the principal loan
 2699  originator as prescribed by commission rule. If the designation
 2700  is inaccurate, the business shall be deemed to be operated under
 2701  the full charge, control, and supervision of each officer,
 2702  director, or ultimate equitable owner of a 10 percent or greater
 2703  interest in the mortgage lender business, or any other person in
 2704  a similar capacity during that time.
 2705         (2)Each branch office of a mortgage lender must be
 2706  operated by a branch manager who shall have full charge,
 2707  control, and supervision of the branch office. The designated
 2708  branch manager must be a licensed loan originator pursuant to s.
 2709  494.00312. Each mortgage lender must keep the office informed of
 2710  the person designated as the branch manager as prescribed by
 2711  commission rule, which includes documentation of the
 2712  individual’s acceptance of such responsibility. If the
 2713  designation is inaccurate, the branch office shall be deemed to
 2714  be operated under the full charge, control, and supervision of
 2715  each officer, director, or ultimate equitable owner of a 10
 2716  percent or greater interest in the mortgage lender business, or
 2717  any other person in a similar capacity during that time.
 2718         Section 50. Section 494.0067, Florida Statutes, is amended
 2719  to read:
 2720         494.0067 Requirements of mortgage lenders licensees under
 2721  ss. 494.006-494.0077.—
 2722         (1) A mortgage lender that Each licensee under ss. 494.006
 2723  494.0077 which makes mortgage loans on real estate in this state
 2724  shall transact business from a principal place of business. Each
 2725  principal place of business and each branch office shall be
 2726  operated under the full charge, control, and supervision of the
 2727  licensee pursuant to this part under ss. 494.006-494.0077.
 2728         (2) A license issued under this part ss. 494.006-494.0077
 2729  is not transferable or assignable.
 2730         (3) A mortgage lender Each licensee under ss. 494.006
 2731  494.0077 shall report, on a form prescribed by rule of the
 2732  commission, any change in the information contained in any
 2733  initial application form, or any amendment thereto, within not
 2734  later than 30 days after the change is effective.
 2735         (4) A mortgage lender Each licensee under ss. 494.006
 2736  494.0077 shall report any changes in the principal loan
 2737  originator, any addition or subtraction of a control person,
 2738  partners, officers, members, joint venturers, directors, or
 2739  control persons of any licensee or any change changes in the
 2740  form of business organization by written amendment in such form
 2741  and at such time that the commission specifies by rule.
 2742         (a) In any case in which a person or a group of persons,
 2743  directly or indirectly or acting by or through one or more
 2744  persons, proposes to purchase or acquire a controlling interest
 2745  in a licensee, such person or group must submit an initial
 2746  application for licensure as a mortgage lender or correspondent
 2747  mortgage lender before such purchase or acquisition and at the
 2748  time and in the form prescribed by the commission by rule.
 2749         (b) As used in this subsection, the term “controlling
 2750  interest” means possession of the power to direct or cause the
 2751  direction of the management or policies of a company whether
 2752  through ownership of securities, by contract, or otherwise. Any
 2753  person who directly or indirectly has the right to vote 25
 2754  percent or more of the voting securities of a company or who is
 2755  entitled to 25 percent or more of the company’s profits is
 2756  presumed to possess a controlling interest.
 2757         (b)(c) Any addition of a designated principal
 2758  representative, partner, officer, member, joint venturer,
 2759  director, or control person of the applicant who does not have a
 2760  controlling interest and who has not previously filed a Uniform
 2761  Mortgage Biographical Statement & Consent Form, MU2, or has not
 2762  previously complied with the fingerprinting and credit report
 2763  requirements of s. 494.00611 is the provisions of s.
 2764  494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s.
 2765  494.0065(5)(e) and (f) shall be subject to the such provisions
 2766  of this section unless required to file an initial application
 2767  in accordance with paragraph (a). If after the addition of a
 2768  control person, the office determines that the licensee does not
 2769  continue to meet licensure requirements, the office may bring
 2770  administrative action in accordance with s. 494.00255 s.
 2771  494.0072 to enforce the provisions of this section.
 2772         (d) The commission shall adopt rules pursuant to ss.
 2773  120.536(1) and 120.54 providing for the waiver of the
 2774  application required by this subsection if the person or group
 2775  of persons proposing to purchase or acquire a controlling
 2776  interest in a licensee has previously complied with the
 2777  provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and
 2778  (h), or s. 494.0065(5)(e) and (f) with the same legal entity or
 2779  is currently licensed with the office under this chapter.
 2780         (5) Each mortgage lender licensee under ss. 494.006
 2781  494.0077 shall report in a form prescribed by rule of by the
 2782  commission any indictment, information, charge, conviction, or
 2783  plea of guilty or nolo contendere, regardless of adjudication,
 2784  or plea of guilty to any felony or any crime or administrative
 2785  violation that involves fraud, dishonesty, breach of trust,
 2786  money laundering dishonest dealing, or any other act of moral
 2787  turpitude, in any jurisdiction, by the licensee under ss.
 2788  494.006-494.0077 or any principal officer, director, or ultimate
 2789  equitable owner of 10 percent or more of the licensed
 2790  corporation, within not later than 30 business days after the
 2791  indictment, information, charge, conviction, or final
 2792  administrative action.
 2793         (6) Each mortgage lender licensee under ss. 494.006
 2794  494.0077 shall report any action in bankruptcy, voluntary or
 2795  involuntary, to the office, within 30 not later than 7 business
 2796  days after the action is instituted.
 2797         (7) Each mortgage lender licensee under ss. 494.006
 2798  494.0077 shall designate a registered agent in this state for
 2799  service of process.
 2800         (8) Each mortgage lender licensee under ss. 494.006
 2801  494.0077 shall provide an applicant for a mortgage loan a good
 2802  faith estimate of the costs the applicant can reasonably expect
 2803  to pay in obtaining a mortgage loan. The good faith estimate of
 2804  costs must shall be mailed or delivered to the applicant within
 2805  3 business days a reasonable time after the licensee receives a
 2806  written loan application from the applicant. The estimate of
 2807  costs may be provided to the applicant by a person other than
 2808  the licensee making the loan. The good faith estimate must
 2809  identify the recipient of all payments charged to the borrower
 2810  and, except for all fees to be received by the mortgage broker
 2811  brokerage business and the mortgage lender or correspondent
 2812  mortgage lender, may be disclosed in generic terms, such as, but
 2813  not limited to, paid to appraiser, officials, title company, or
 2814  any other third-party service provider. The licensee bears the
 2815  burden of proving such disclosures were provided to the
 2816  borrower. The commission may adopt rules that set forth the
 2817  disclosure requirements of this section.
 2818         (9) On or before April 30, 2000, each mortgage lender or
 2819  correspondent mortgage lender shall file an initial report
 2820  stating the full legal name, residential address, social
 2821  security number, date of birth, mortgage broker license number,
 2822  date of hire, and, if applicable, date of termination for each
 2823  person who acted as a loan originator or an associate of the
 2824  mortgage lender or correspondent mortgage lender during the
 2825  immediate preceding quarter. Thereafter, a mortgage lender or
 2826  correspondent mortgage lender shall file a report only if a
 2827  person became or ceased to be a loan originator or an associate
 2828  of the mortgage lender or correspondent mortgage lender during
 2829  the immediate preceding quarter. Such report shall be filed
 2830  within 30 days after the last day of each calendar quarter and
 2831  shall contain the full legal name, residential address, social
 2832  security number, date of birth, date of hire and, if applicable,
 2833  the mortgage broker license number and date of termination of
 2834  each person who became or ceased to be a loan originator or an
 2835  associate of the mortgage lender or correspondent mortgage
 2836  lender during the immediate preceding quarter. The commission
 2837  shall prescribe, by rule, the procedures for filing reports
 2838  required by this subsection.
 2839         (10)(a) Each mortgage lender or correspondent mortgage
 2840  lender licensee shall require the principal representative and
 2841  all loan originators, not currently licensed as mortgage brokers
 2842  pursuant to s. 494.0033, who perform services for the licensee
 2843  to complete 14 hours of professional continuing education during
 2844  each biennial license period. The education shall cover primary
 2845  and subordinate mortgage financing transactions and the
 2846  provisions of this chapter and the rules adopted under this
 2847  chapter.
 2848         (b) The licensee shall maintain records of such training
 2849  for a period of 4 years, including records of the content of and
 2850  hours designated for each program and the date and location of
 2851  the program.
 2852         (c) Evidence of completion of such programs shall be
 2853  included with the licensee’s renewal application.
 2854         (9)(11) The disclosures in this subsection must be
 2855  furnished in writing at the time an adjustable rate mortgage
 2856  loan is offered to the borrower and whenever the terms of the
 2857  adjustable rate mortgage loan offered have a material change
 2858  prior to closing. The lender shall furnish the disclosures
 2859  relating to adjustable rate mortgages in a format prescribed by
 2860  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2861  of the Federal Reserve System, as amended; its commentary, as
 2862  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2863  1601 et seq., as amended; together with the Consumer Handbook on
 2864  Adjustable Rate Mortgages, as amended; published by the Federal
 2865  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2866  bears the burden of proving such disclosures were provided to
 2867  the borrower.
 2868         (10)(12)(a) In every mortgage loan transaction, each
 2869  mortgage lender licensee under ss. 494.006-494.0077 shall notify
 2870  a borrower of any material changes in the terms of a mortgage
 2871  loan previously offered to the borrower within 3 business days
 2872  after being made aware of such changes by the lender but at
 2873  least not less than 3 business days before the signing of the
 2874  settlement or closing statement. The licensee bears the burden
 2875  of proving such notification was provided and accepted by the
 2876  borrower.
 2877         (b) A borrower may waive the right to receive notice of a
 2878  material change that is granted under paragraph (a) if the
 2879  borrower determines that the extension of credit is needed to
 2880  meet a bona fide personal financial emergency and the right to
 2881  receive notice would delay the closing of the mortgage loan. The
 2882  imminent sale of the borrower’s home at foreclosure during the
 2883  3-day period before the signing of the settlement or closing
 2884  statement constitutes an example of a bona fide personal
 2885  financial emergency. In order to waive the borrower’s right to
 2886  receive notice not less than 3 business days before the signing
 2887  of the settlement or closing statement of any such material
 2888  change, the borrower must provide the licensee with a dated
 2889  written statement that describes the personal financial
 2890  emergency, waives the right to receive the notice, bears the
 2891  borrower’s signature, and is not on a printed form prepared by
 2892  the licensee for the purpose of such a waiver.
 2893         (11)A mortgage lender may close loans in its own name but
 2894  may not service the loan for more than 4 months unless the
 2895  lender has a servicing endorsement. Only a mortgage lender who
 2896  continuously maintains a net worth of at least $250,000 may
 2897  obtain a servicing endorsement.
 2898         (12)A mortgage lender must report to the office the
 2899  failure to meet the applicable net worth requirements of s.
 2900  494.00611 within 2 days after the mortgage lender’s knowledge of
 2901  such failure or after the mortgage lender should have known of
 2902  such failure.
 2903         Section 51. Section 494.0068, Florida Statutes, is amended
 2904  to read:
 2905         494.0068 Loan application process.—
 2906         (1) In addition to the requirements set forth in s.
 2907  494.0067(8), before accepting an application fee in whole or in
 2908  part, a credit report fee, an appraisal fee, or a fee charged as
 2909  reimbursement for third-party charges, a mortgage lender shall
 2910  make a written disclosure to the borrower, which disclosure may
 2911  be contained in the application, setting forth:
 2912         (a) Whether all or any part of such fees or charges is
 2913  refundable.
 2914         (b) The terms and conditions for the refund, if all or any
 2915  part of the fees or charges is refundable.
 2916         (c) A realistic estimate of the number of days required to
 2917  issue a commitment following receipt of the application by the
 2918  lender.
 2919         (d) The name or title of a person within the lender’s
 2920  organization to whom the borrower may address written questions,
 2921  comments, or complaints and who is required to promptly respond
 2922  to such inquiries.
 2923         (2) The disclosures required in subsection (1) must shall
 2924  be acknowledged in writing by the borrower and maintained by the
 2925  mortgage lender, and a copy of such acknowledgment shall be
 2926  given to the borrower.
 2927         (3) The borrower may, without penalty or responsibility for
 2928  paying additional fees and charges, withdraw an application at
 2929  any time prior to acceptance of commitment. Upon such
 2930  withdrawal, the mortgage lender is responsible for refunding to
 2931  the borrower only those fees and charges to which the borrower
 2932  may be entitled pursuant to the terms set forth in the written
 2933  disclosure required by subsection (1), except that:
 2934         (a) If the lender failed to provide the borrower with the
 2935  written disclosure required by subsection (1), the lender shall
 2936  promptly refund to the borrower all funds paid to the lender; or
 2937         (b) If the lender failed to make a good faith effort to
 2938  approve the loan, the lender shall promptly refund to the
 2939  borrower all funds paid to the lender.
 2940         (4) The application fee must be reasonably related to the
 2941  services to be performed and may not be based upon a percentage
 2942  of the principal amount of the loan or the amount financed.
 2943         (5) For the purposes of this section, the term “application
 2944  fee” means any moneys advanced by the borrower upon filing an
 2945  application with a mortgage lender to offset the lender’s
 2946  expenses for determining whether the borrower is qualified for
 2947  the mortgage loan or whether the mortgage loan should be funded.
 2948         Section 52. Section 494.0069, Florida Statutes, is amended
 2949  to read:
 2950         494.0069 Lock-in agreement.—
 2951         (1) Each lock-in agreement must be in writing and must
 2952  contain:
 2953         (a) The expiration date of the lock-in, if any;
 2954         (b) The interest rate locked in, if any;
 2955         (c) The discount points locked in, if any;
 2956         (d) The commitment fee locked in, if any;
 2957         (e) The lock-in fee, if any; and
 2958         (f) A statement advising of the provisions of this part ss.
 2959  494.006-494.0077 regarding lock-in agreements.
 2960         (2) The mortgage lender or correspondent mortgage lender
 2961  shall make a good faith effort to process the mortgage loan
 2962  application and stand ready to fulfill the terms of its
 2963  commitment before the expiration date of the lock-in agreement
 2964  or any extension thereof.
 2965         (3) Any lock-in agreement received by a mortgage lender or
 2966  correspondent mortgage lender by mail or through a mortgage
 2967  broker must be signed by the mortgage lender or correspondent
 2968  mortgage lender in order to become effective. The borrower may
 2969  rescind any lock-in agreement until a written confirmation of
 2970  the agreement has been signed by the lender and mailed to the
 2971  borrower or to the mortgage broker brokerage business pursuant
 2972  to its contractual relationship with the borrower. If a borrower
 2973  elects to so rescind, the mortgage lender or correspondent
 2974  mortgage lender shall promptly refund any lock-in fee paid.
 2975         (4)(a)Before Any correspondent mortgage lender or mortgage
 2976  lender prior to issuing a mortgage loan rate lock-in agreement,
 2977  a mortgage lender must have the ability to timely advance funds
 2978  on all mortgage loans for which rate lock-in agreements have
 2979  been issued. As used in this section, “ability to timely advance
 2980  funds” means having sufficient liquid assets or a line of credit
 2981  necessary to cover all rate lock-in agreements issued with
 2982  respect to which a lock-in fee is collected.
 2983         (a)(b) A correspondent mortgage lender or mortgage lender
 2984  that does not comply with this subsection paragraph (a) may
 2985  issue mortgage rate lock-in agreements only if, prior to the
 2986  issuance, the correspondent mortgage lender or mortgage lender:
 2987         1. Has received a written rate lock-in agreement from a
 2988  correspondent mortgage lender or mortgage lender that complies
 2989  with this subsection paragraph (a); or
 2990         2. Has received a written rate lock-in agreement from an
 2991  institutional investor or an agency of the Federal Government or
 2992  the state or local government that will be funding, making, or
 2993  purchasing the mortgage loan.
 2994         (b)(c) All rate lock-in fees collected by a mortgage lender
 2995  or correspondent mortgage lender who is not in compliance with
 2996  paragraph (a) must be deposited into an escrow account in a
 2997  federally insured financial institution, and such fees may shall
 2998  not be removed from such escrow account until:
 2999         1. The mortgage loan closes and is funded;
 3000         2. The applicant cancels the loan application or the loan
 3001  application is rejected; or
 3002         3. The mortgage lender or correspondent mortgage lender is
 3003  required to forward a portion of the lock-in fee to another
 3004  correspondent mortgage lender, mortgage lender, institutional
 3005  investor, or agency that will be funding, making, or purchasing
 3006  the loan. The mortgage lender or correspondent mortgage lender
 3007  may remove only the amount of the lock-in fee actually paid to
 3008  another mortgage lender, correspondent mortgage lender,
 3009  institutional investor, or agency.
 3010         (5) For purposes of this section, the term “lock-in fee”
 3011  means any moneys advanced by the borrower to lock in for a
 3012  specified period of time a specified interest rate or discount
 3013  points.
 3014         (6) The commission may adopt by rule a form for required
 3015  lock-in agreement disclosures.
 3016         Section 53. Effective July 1, 2009, section 494.007,
 3017  Florida Statutes, is amended to read:
 3018         494.007 Commitment process.—
 3019         (1) If a commitment is issued, the mortgage lender shall
 3020  disclose in writing:
 3021         (a) The expiration date of the commitment;
 3022         (b) The mortgage amount, meaning the face amount of credit
 3023  provided to the borrower or in the borrower’s behalf;
 3024         (c) If the interest rate or other terms are subject to
 3025  change before expiration of the commitment:
 3026         1. The basis, index, or method, if any, which will be used
 3027  to determine the rate at closing. Such basis, index, or method
 3028  shall be established and disclosed with direct reference to the
 3029  movement of an interest rate index or of a national or regional
 3030  index that is available to and verifiable by the borrower and
 3031  beyond the control of the lender; or
 3032         2. The following statement, in at least 10-point bold type:
 3033  “The interest rate will be the rate established by the lender in
 3034  its discretion as its prevailing rate . . . days before
 3035  closing.”;
 3036         (d) The amount of the commitment fee, if any, and whether
 3037  and under what circumstances the commitment fee is refundable;
 3038  and
 3039         (e) The time, if any, within which the commitment must be
 3040  accepted by the borrower.
 3041         (2) The provisions of a commitment cannot be changed prior
 3042  to expiration of the specified period within which the borrower
 3043  must accept it. If any information necessary for an accurate
 3044  disclosure required by subsection (1) is unknown to the mortgage
 3045  lender at the time disclosure is required, the lender shall make
 3046  the disclosure based upon the best information reasonably
 3047  available to it and shall state that the disclosure is an
 3048  estimate.
 3049         (3) A commitment fee is refundable if:
 3050         (a) The commitment is contingent upon approval by parties
 3051  to whom the mortgage lender seeks to sell the loan.
 3052         (b) The loan purchaser’s requirements are not met due to
 3053  circumstances beyond the borrower’s control.
 3054         (c) The borrower is willing but unable to comply with the
 3055  loan purchaser’s requirements.
 3056         Section 54. Section 494.0071, Florida Statutes, is amended
 3057  to read:
 3058         494.0071 Expiration of lock-in agreement or commitment.—If
 3059  a lock-in agreement has been executed and the loan does not
 3060  close before the expiration date of either the lock-in agreement
 3061  or any commitment issued consistent therewith through no
 3062  substantial fault of the borrower, the borrower may withdraw the
 3063  application or reject or terminate any commitment, whereupon the
 3064  mortgage lender or correspondent mortgage lender shall promptly
 3065  refund to the borrower any lock-in fee and any commitment fee
 3066  paid by the borrower.
 3067         Section 55. Section 494.0072, Florida Statutes, is
 3068  repealed.
 3069         Section 56. Section 494.00721, Florida Statutes, is amended
 3070  to read:
 3071         494.00721 Net worth.—
 3072         (1) The net worth requirements required in s. 494.00611 ss.
 3073  494.0061, 494.0062, and 494.0065 shall be continually maintained
 3074  as a condition of licensure.
 3075         (2) If a mortgage lender or correspondent mortgage lender
 3076  fails to satisfy the net worth requirements, the mortgage lender
 3077  or correspondent mortgage lender shall immediately cease taking
 3078  any new mortgage loan applications. Thereafter, the mortgage
 3079  lender or correspondent mortgage lender shall have up to 60 days
 3080  within which to satisfy the net worth requirements. If the
 3081  licensee makes the office aware, prior to an examination, that
 3082  the licensee no longer meets the net worth requirements, the
 3083  mortgage lender or correspondent mortgage lender shall have 120
 3084  days within which to satisfy the net worth requirements. A
 3085  mortgage lender may or correspondent mortgage lender shall not
 3086  resume acting as a mortgage lender or correspondent mortgage
 3087  lender without written authorization from the office, which
 3088  authorization shall be granted if the mortgage lender or
 3089  correspondent mortgage lender provides the office with
 3090  documentation which satisfies the requirements of s. 494.00611
 3091  s. 494.0061(2)(c), s. 494.0062(2)(c), or s. 494.0065(2),
 3092  whichever is applicable.
 3093         (3) If the mortgage lender or correspondent mortgage lender
 3094  does not satisfy the net worth requirements within 120 days the
 3095  120-day period, the license of the mortgage lender or
 3096  correspondent mortgage lender shall be deemed to be relinquished
 3097  and canceled and all servicing contracts shall be disposed of in
 3098  a timely manner by the mortgage lender or correspondent mortgage
 3099  lender.
 3100         Section 57. Section 494.0073, Florida Statutes, is amended
 3101  to read:
 3102         494.0073 Mortgage lender or correspondent mortgage lender
 3103  when acting as a mortgage broker brokerage business.—The
 3104  provisions of this part Sections 494.006-494.0077 do not
 3105  prohibit a mortgage lender or correspondent mortgage lender from
 3106  acting as a mortgage broker brokerage business. However, in
 3107  mortgage transactions in which a mortgage lender or
 3108  correspondent mortgage lender acts as a mortgage broker
 3109  brokerage business, the provisions of ss. 494.0038, 494.004(2)
 3110  494.004(8), 494.0042, and 494.0043(1), (2), and (3) apply.
 3111         Section 58. Effective July 1, 2009, section 494.0075,
 3112  Florida Statutes, is amended to read:
 3113         494.0075 Requirements for selling loans to noninstitutional
 3114  investors.—
 3115         (1) A mortgage lender, when selling a mortgage loan to a
 3116  noninstitutional investor, shall:
 3117         (a) Before any payment of money by a noninstitutional
 3118  investor, provide an opinion of value from an appraiser stating
 3119  the value of the security property unless the opinion is waived
 3120  in writing. The opinion must state the value of the property as
 3121  it exists on the date of the opinion. If any relationship exists
 3122  between the lender and the appraiser, that relationship must
 3123  shall be disclosed.;
 3124         (b) Provide to the noninstitutional investor a mortgagee’s
 3125  title insurance policy or an opinion of title by an attorney
 3126  licensed to practice law in this state, or a copy thereof:
 3127         1. If a title insurance policy is issued, it must insure
 3128  the noninstitutional investor against the unmarketability of the
 3129  mortgagee’s interest in such title. It must also specify any
 3130  superior liens that exist against the property. If an opinion of
 3131  title is issued by an attorney licensed to practice law in this
 3132  state, the opinion must  include a statement as to the
 3133  marketability of the title to the property described in the
 3134  mortgage and specify the priority of the mortgage being
 3135  purchased.
 3136         2. If the title insurance policy or opinion of title is not
 3137  available at the time of purchase, the licensee shall provide a
 3138  binder of the title insurance or conditional opinion of title.
 3139  This binder or opinion must include any conditions or
 3140  requirements needed to be corrected before prior to the issuance
 3141  of the final title policy or opinion of title. The binder or
 3142  opinion must also include information concerning the
 3143  requirements specified in subparagraph 1. Any conditions must be
 3144  eliminated or waived in writing by the investor before prior to
 3145  delivery to the noninstitutional investor. The policy or
 3146  opinion, or a copy thereof, shall be delivered to the investor
 3147  within a reasonable period of time, not exceeding 6 months,
 3148  after purchase.
 3149         3. The requirements of this paragraph may be waived in
 3150  writing. If the requirements are waived by the noninstitutional
 3151  investor, the waiver must include the following wording: “The
 3152  noninstitutional investor acknowledges that the mortgage lender
 3153  selling this mortgage loan is not providing a title insurance
 3154  policy or opinion of title issued by an attorney who is licensed
 3155  to practice law in the State of Florida. Any requirement for
 3156  title insurance or for a legal opinion of title is the sole
 3157  responsibility of the noninstitutional mortgage purchaser.”
 3158         (c) Provide, if the loan is other than a first mortgage, a
 3159  statement showing the balance owed by the mortgagor on any
 3160  existing mortgages prior to this investment and the status of
 3161  such existing mortgages.
 3162         (d) Provide a disclosure if the licensee is directly or
 3163  indirectly acting as a borrower or principal in the transaction.
 3164         (2) Each mortgage, or other instrument securing a note or
 3165  assignment thereof, must shall be recorded before being
 3166  delivered to the noninstitutional investor.
 3167         (3) Each mortgage and assignment shall be recorded as soon
 3168  as practical, but within no later than 30 business days after
 3169  the date of purchase.
 3170         (4) If the loan is to be serviced by a licensee under this
 3171  part ss. 494.006-494.0077 for a noninstitutional investor, there
 3172  shall be a written servicing agreement.
 3173         (5) The mortgage lender shall cause the original note to be
 3174  properly endorsed showing the assignment of the note to the
 3175  noninstitutional investor.
 3176         Section 59. Effective July 1, 2009, paragraph (a) of
 3177  subsection (1) of section 494.0076, Florida Statutes, is amended
 3178  to read:
 3179         494.0076 Servicing audits.—
 3180         (1)(a) Each licensee under part III of chapter who ss.
 3181  494.006-494.0077 which services mortgage loans shall:
 3182         1. Maintain a segregated set of records for accounts that
 3183  are serviced by the licensee.
 3184         2. Have a separate, segregated depository account for all
 3185  receipts relating to servicing.
 3186         Section 60. Effective July 1, 2009, section 494.0077,
 3187  Florida Statutes, is amended to read:
 3188         494.0077 Other products and services.—This part does
 3189  Sections 494.006-494.0077 do not prohibit a mortgage lender from
 3190  offering, for a fee or commission, products and services in
 3191  addition to those offered in conjunction with making a mortage
 3192  loan.
 3193         Section 61. Effective July 1, 2009, subsection (2) of
 3194  section 501.1377, Florida Statutes, is amended to read:
 3195         501.1377 Violations involving homeowners during the course
 3196  of residential foreclosure proceedings.—
 3197         (2) DEFINITIONS.—As used in this section, the term:
 3198         (a) “Equity purchaser” means a any person who acquires a
 3199  legal, equitable, or beneficial ownership interest in any
 3200  residential real property as a result of a foreclosure-rescue
 3201  transaction. The term does not apply to a person who acquires
 3202  the legal, equitable, or beneficial interest in such property:
 3203         1. By a certificate of title from a foreclosure sale
 3204  conducted under chapter 45;
 3205         2. At a sale of property authorized by statute;
 3206         3. By order or judgment of any court;
 3207         4. From a spouse, parent, grandparent, child, grandchild,
 3208  or sibling of the person or the person’s spouse; or
 3209         5. As a deed in lieu of foreclosure, a workout agreement, a
 3210  bankruptcy plan, or any other agreement between a foreclosing
 3211  lender and a homeowner.
 3212         (b) “Foreclosure-rescue consultant” means a person who
 3213  directly or indirectly makes a solicitation, representation, or
 3214  offer to a homeowner to provide or perform, in return for
 3215  payment of money or other valuable consideration, foreclosure
 3216  related rescue services. The term does not apply to:
 3217         1. A person excluded under s. 501.212.
 3218         2. A person acting under the express authority or written
 3219  approval of the United States Department of Housing and Urban
 3220  Development or other department or agency of the United States
 3221  or this state to provide foreclosure-related rescue services.
 3222         3. A charitable, not-for-profit agency or organization, as
 3223  determined by the United States Internal Revenue Service under
 3224  s. 501(c)(3) of the Internal Revenue Code, which offers
 3225  counseling or advice to an owner of residential real property in
 3226  foreclosure or loan default if the agency or organization does
 3227  not contract for foreclosure-related rescue services with a for
 3228  profit lender or person facilitating or engaging in foreclosure
 3229  rescue transactions.
 3230         4. A person who holds or is owed an obligation secured by a
 3231  lien on any residential real property in foreclosure if the
 3232  person performs foreclosure-related rescue services in
 3233  connection with this obligation or lien and the obligation or
 3234  lien was not the result of or part of a proposed foreclosure
 3235  reconveyance or foreclosure-rescue transaction.
 3236         5. A financial institution as defined in s. 655.005 and any
 3237  parent or subsidiary of the financial institution or of the
 3238  parent or subsidiary.
 3239         6. A licensed mortgage broker, mortgage lender, or
 3240  correspondent mortgage lender that provides mortgage counseling
 3241  or advice regarding residential real property in foreclosure,
 3242  which counseling or advice is within the scope of services set
 3243  forth in chapter 494 and is provided without payment of money or
 3244  other consideration other than a loan origination mortgage
 3245  brokerage fee as defined in s. 494.001.
 3246         7.A licensed attorney who negotiates the terms of a
 3247  mortgage loan on behalf of a client as an ancillary matter to
 3248  the attorney’s representation of the client.
 3249         (c) “Foreclosure-related rescue services” means any good or
 3250  service related to, or promising assistance in connection with:
 3251         1. Stopping, avoiding, or delaying foreclosure proceedings
 3252  concerning residential real property; or
 3253         2. Curing or otherwise addressing a default or failure to
 3254  timely pay with respect to a residential mortgage loan
 3255  obligation.
 3256         (d) “Foreclosure-rescue transaction” means a transaction:
 3257         1. By which residential real property in foreclosure is
 3258  conveyed to an equity purchaser and the homeowner maintains a
 3259  legal or equitable interest in the residential real property
 3260  conveyed, including, without limitation, a lease option
 3261  interest, an option to acquire the property, an interest as
 3262  beneficiary or trustee to a land trust, or other interest in the
 3263  property conveyed; and
 3264         2. That is designed or intended by the parties to stop,
 3265  avoid, or delay foreclosure proceedings against a homeowner’s
 3266  residential real property.
 3267         (e) “Homeowner” means the any record title owner of
 3268  residential real property that is the subject of foreclosure
 3269  proceedings.
 3270         (f) “Residential real property” means real property
 3271  consisting of one-family to four-family dwelling units, one of
 3272  which is occupied by the owner as his or her principal place of
 3273  residence.
 3274         (g) “Residential real property in foreclosure” means
 3275  residential real property against which there is an outstanding
 3276  notice of the pendency of foreclosure proceedings recorded
 3277  pursuant to s. 48.23.
 3278         Section 62. Paragraph (b) of subsection (2) of section
 3279  501.1377, Florida Statutes, as amended by this act, is amended
 3280  to read:
 3281         (2) DEFINITIONS.—As used in this section, the term:
 3282         (b) “Foreclosure-rescue consultant” means a person who
 3283  directly or indirectly makes a solicitation, representation, or
 3284  offer to a homeowner to provide or perform, in return for
 3285  payment of money or other valuable consideration, foreclosure
 3286  related rescue services. The term does not apply to:
 3287         1. A person excluded under s. 501.212.
 3288         2. A person acting under the express authority or written
 3289  approval of the United States Department of Housing and Urban
 3290  Development or other department or agency of the United States
 3291  or this state to provide foreclosure-related rescue services.
 3292         3. A charitable, not-for-profit agency or organization, as
 3293  determined by the United States Internal Revenue Service under
 3294  s. 501(c)(3) of the Internal Revenue Code, which offers
 3295  counseling or advice to an owner of residential real property in
 3296  foreclosure or loan default if the agency or organization does
 3297  not contract for foreclosure-related rescue services with a for
 3298  profit lender or person facilitating or engaging in foreclosure
 3299  rescue transactions.
 3300         4. A person who holds or is owed an obligation secured by a
 3301  lien on any residential real property in foreclosure if the
 3302  person performs foreclosure-related rescue services in
 3303  connection with this obligation or lien and the obligation or
 3304  lien was not the result of or part of a proposed foreclosure
 3305  reconveyance or foreclosure-rescue transaction.
 3306         5. A financial institution as defined in s. 655.005 and any
 3307  parent or subsidiary of the financial institution or of the
 3308  parent or subsidiary.
 3309         6. A licensed mortgage broker, mortgage lender, or
 3310  correspondent mortgage lender that provides mortgage counseling
 3311  or advice regarding residential real property in foreclosure,
 3312  which counseling or advice is within the scope of services set
 3313  forth in chapter 494 and is provided without payment of money or
 3314  other consideration other than a loan origination mortgage
 3315  brokerage fee as defined in s. 494.001.
 3316         7. A licensed attorney who negotiates the terms of a
 3317  mortgage loan on behalf of a client as an ancillary matter to
 3318  the attorney’s representation of the client.
 3319         Section 63. Paragraph (b) of subsection (2) of section
 3320  501.0377, Florida Statutes, as amended by this act, is amended
 3321  to read:
 3322         (2) DEFINITIONS.—As used in this section, the term:
 3323         (b) “Foreclosure-rescue consultant” means a person who
 3324  directly or indirectly makes a solicitation, representation, or
 3325  offer to a homeowner to provide or perform, in return for
 3326  payment of money or other valuable consideration, foreclosure
 3327  related rescue services. The term does not apply to:
 3328         1. A person excluded under s. 501.212.
 3329         2. A person acting under the express authority or written
 3330  approval of the United States Department of Housing and Urban
 3331  Development or other department or agency of the United States
 3332  or this state to provide foreclosure-related rescue services.
 3333         3. A charitable, not-for-profit agency or organization, as
 3334  determined by the United States Internal Revenue Service under
 3335  s. 501(c)(3) of the Internal Revenue Code, which offers
 3336  counseling or advice to an owner of residential real property in
 3337  foreclosure or loan default if the agency or organization does
 3338  not contract for foreclosure-related rescue services with a for
 3339  profit lender or person facilitating or engaging in foreclosure
 3340  rescue transactions.
 3341         4. A person who holds or is owed an obligation secured by a
 3342  lien on any residential real property in foreclosure if the
 3343  person performs foreclosure-related rescue services in
 3344  connection with this obligation or lien and the obligation or
 3345  lien was not the result of or part of a proposed foreclosure
 3346  reconveyance or foreclosure-rescue transaction.
 3347         5. A financial institution as defined in s. 655.005 and any
 3348  parent or subsidiary of the financial institution or of the
 3349  parent or subsidiary.
 3350         6. A licensed mortgage broker, mortgage lender, or
 3351  correspondent mortgage lender that provides mortgage counseling
 3352  or advice regarding residential real property in foreclosure,
 3353  which counseling or advice is within the scope of services set
 3354  forth in chapter 494 and is provided without payment of money or
 3355  other consideration other than a mortgage broker brokerage fee
 3356  as defined in s. 494.001.
 3357         7. A licensed attorney who negotiates the terms of a
 3358  mortgage loan on behalf of a client as an ancillary matter to
 3359  the attorney’s representation of the client.
 3360         Section 64. Effective July 1, 2009, paragraph (c) of
 3361  subsection (1) of section 201.23, Florida Statutes, is amended
 3362  to read:
 3363         201.23 Foreign notes and other written obligations exempt.—
 3364         (1) There shall be exempt from all excise taxes imposed by
 3365  this chapter:
 3366         (c) Any promissory note, nonnegotiable note, or other
 3367  written obligation to pay money if the said note or obligation
 3368  is executed and delivered outside this state and at the time of
 3369  its making is secured only by a mortgage, deed of trust, or
 3370  similar security agreement encumbering real estate located
 3371  outside this state and if such promissory note, nonnegotiable
 3372  note, or other written obligation for payment of money is
 3373  brought into this state for deposit as collateral security under
 3374  a wholesale warehouse mortgage agreement or for inclusion in a
 3375  pool of mortgages deposited with a custodian as security for
 3376  obligations issued by an agency of the United States Government
 3377  or for inclusion in a pool of mortgages to be serviced for the
 3378  account of a customer by a mortgage lender licensed or exempt
 3379  from licensing under part III of chapter 494 ss. 494.006
 3380  494.0077.
 3381         Section 65. Effective July 1, 2009, paragraph (a) of
 3382  subsection (21) of section 420.507, Florida Statutes, is amended
 3383  to read:
 3384         420.507 Powers of the corporation.—The corporation shall
 3385  have all the powers necessary or convenient to carry out and
 3386  effectuate the purposes and provisions of this part, including
 3387  the following powers which are in addition to all other powers
 3388  granted by other provisions of this part:
 3389         (21) Review all reverse mortgage provisions proposed to be
 3390  used by an individual lender or a consortium to determine that
 3391  such provisions are consistent with the purposes and intent of
 3392  this act. If the corporation finds that the provisions are
 3393  consistent, it shall approve those provisions. If the
 3394  corporation finds that the provisions are inconsistent, it shall
 3395  state its objections and give the parties an opportunity to
 3396  amend the provisions to overcome such objections. In approving
 3397  these provisions, the corporation must determine:
 3398         (a) That the mortgagee is either licensed pursuant to part
 3399  II of chapter 494 ss. 494.006-494.0077 or specifically exempt
 3400  from part III of chapter 494 ss. 494.006-494.0077.
 3401         Section 66. Effective July 1, 2009, subsection (1) of
 3402  section 520.52, Florida Statutes, is amended to read:
 3403         520.52 Licensees.—
 3404         (1) A person may not engage in the business of a sales
 3405  finance company or operate a branch of such business without a
 3406  license as provided in this section; however, a bank, trust
 3407  company, savings and loan association, or credit union
 3408  authorized to do business in this state is not required to
 3409  obtain a license under this part. Any person authorized as a
 3410  licensee or registrant pursuant to part III of chapter 494 ss.
 3411  494.006-494.0077 is not required to obtain a license under this
 3412  part in order to become an assignee of a home improvement
 3413  finance seller.
 3414         Section 67. Effective July 1, 2009, subsection (1) of
 3415  section 520.63, Florida Statutes, is amended to read:
 3416         520.63 Licensees.—
 3417         (1) A person may not engage in or transact any business as
 3418  a home improvement finance seller or operate a branch without
 3419  first obtaining a license from the office, except that a banking
 3420  institution, trust company, savings and loan association, credit
 3421  union authorized to do business in this state, or licensee under
 3422  part III of chapter 494 ss. 494.006-494.0077 is not required to
 3423  obtain a license to engage in home improvement financing.
 3424         Section 68. Effective July 1, 2009, paragraph (b) of
 3425  subsection (11) of section 607.0505, Florida Statutes, is
 3426  amended to read:
 3427         607.0505 Registered agent; duties.—
 3428         (11) As used in this section, the term:
 3429         (b) “Financial institution” means:
 3430         1. A bank, banking organization, or savings association, as
 3431  defined in s. 220.62;
 3432         2. An insurance company, trust company, credit union, or
 3433  industrial savings bank, any of which is licensed or regulated
 3434  by an agency of the United States or any state of the United
 3435  States; or
 3436         3. Any person licensed under part III of chapter 494 the
 3437  provisions of ss. 494.006-494.0077.
 3438         Section 69. Effective July 1, 2009, subsection (1) of
 3439  section 687.12, Florida Statutes, is amended to read:
 3440         687.12 Interest rates; parity among licensed lenders or
 3441  creditors.—
 3442         (1) Any lender or creditor licensed or chartered under the
 3443  provisions of chapter 516, chapter 520, chapter 657, chapter 658
 3444  or former chapter 659, former chapter 664 or former chapter 656,
 3445  chapter 665, or part XV of chapter 627; any lender or creditor
 3446  located in this state the State of Florida and licensed or
 3447  chartered under the laws of the United States and authorized to
 3448  conduct a lending business; or any lender or creditor lending
 3449  through a licensee under part III of chapter 494, is ss.
 3450  494.006-494.0077, shall be authorized to charge interest on
 3451  loans or extensions of credit to any person as defined in s.
 3452  1.01(3), or to any firm or corporation, at the maximum rate of
 3453  interest permitted by law to be charged on similar loans or
 3454  extensions of credit made by any lender or creditor in this
 3455  state the State of Florida, except that the statutes governing
 3456  the maximum permissible interest rate on any loan or extension
 3457  of credit, and other statutory restrictions relating thereto,
 3458  shall also govern the amount, term, permissible charges, rebate
 3459  requirements, and restrictions for a similar loan or extension
 3460  of credit made by any lender or creditor.
 3461         Section 70. Effective September 1, 2010:
 3462         (1)All mortgage business school permits issued pursuant to
 3463  s. 494.0029, Florida Statutes, expire on September 30, 2010.
 3464         (2)All mortgage brokerage business licenses issued before
 3465  October 1, 2010, pursuant to s. 494.0031 or s. 494.0032, Florida
 3466  Statutes, expire on December 31, 2010. However, if a person
 3467  holding an active mortgage brokerage business license issued
 3468  before October 1, 2010, applies for a mortgage broker license
 3469  through the Nationwide Mortgage Licensing System and Registry
 3470  between October 1, 2010, and December 31, 2010, the mortgage
 3471  brokerage business license does not expire until the Office of
 3472  Financial Regulation approves or denies the mortgage broker
 3473  license application. A mortgage broker license approved on or
 3474  after October 1, 2010, is effective until December 31, 2011.
 3475  Application fees may not be prorated for partial years of
 3476  licensure.
 3477         (3)All mortgage broker licenses issued before October 1,
 3478  2010, pursuant to s. 494.0033 or s. 494.0034, Florida Statutes,
 3479  expire on December 31, 2010. However, if a person holding an
 3480  active mortgage broker license issued before October 1, 2010,
 3481  applies for a loan originator license through the Nationwide
 3482  Mortgage Licensing System and Registry between October 1, 2010,
 3483  and December 31, 2010, the mortgage broker license does not
 3484  expire until the Office of Financial Regulation approves or
 3485  denies the loan originator license application. Notwithstanding
 3486  s. 120.60, Florida Statutes, for mortgage broker applications
 3487  submitted between July 1, 2009, and December 31, 2009, or loan
 3488  originator applications submitted between October 1, 2010, and
 3489  December 31, 2010, the office has 60 days to notify the
 3490  applicant of any apparent errors or omissions in an application
 3491  and to request any additional information that the office may
 3492  require, and the office has 180 days to approve or deny a
 3493  completed application. Application fees may not be prorated for
 3494  partial years of licensure.
 3495         (4)All mortgage lender licenses issued before October 1,
 3496  2010, pursuant to s. 494.0061 or s. 494.0064, Florida Statutes,
 3497  expire on December 31, 2010. However, if a person holding an
 3498  active mortgage lender license applies for a mortgage broker
 3499  license or mortgage lender license through the Nationwide
 3500  Mortgage Licensing System and Registry between October 1, 2010,
 3501  and December 31, 2010, the mortgage lender license does not
 3502  expire until the Office of Financial Regulation approves or
 3503  denies the mortgage broker license or mortgage lender license
 3504  application. Application fees may not be prorated for partial
 3505  years of licensure.
 3506         (5)All mortgage lender licenses issued before October 1,
 3507  2010, pursuant to s. 494.0065 or s. 494.0064, Florida Statutes,
 3508  expire on December 31, 2010. However, if a person holding such
 3509  license applies for a mortgage broker license or mortgage lender
 3510  license through the Nationwide Mortgage Licensing System and
 3511  Registry between October 1, 2010, and December 31, 2010, the
 3512  mortgage lender license does not expire until the Office of
 3513  Financial Regulation approves or denies the mortgage broker
 3514  license or mortgage lender license application. Application fees
 3515  may not be prorated for partial years of licensure.
 3516         (6)All correspondent mortgage lender licenses issued
 3517  before October 1, 2010, pursuant to s. 494.0062 or s. 494.0064,
 3518  Florida Statutes, expire on December 31, 2010. However, if a
 3519  person holding an active correspondent mortgage lender license
 3520  issued before October 1, 2010, applies for a mortgage broker or
 3521  mortgage lender license through the Nationwide Mortgage
 3522  Licensing System and Registry between October 1, 2010, and
 3523  December 31, 2010, the correspondent mortgage lender license
 3524  does not expire until the Office of Financial Regulation
 3525  approves or denies the mortgage broker or mortgage lender
 3526  license application. Application fees may not be prorated for
 3527  partial years of licensure.
 3528         Section 71. Except as otherwise expressly provided in this
 3529  act and except for this section, which shall take effect July 1,
 3530  2009, this act shall take effect October 1, 2010.