CS for CS for SB 2226                            First Engrossed
       
       
       
       
       
       
       
       
       20092226e1
       
    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, and 494.0077, F.S.; conforming terms and
  152         cross-references; amending s. 501.1377, F.S.; revising
  153         definitions and conforming terms; exempting certain
  154         attorneys from the definition of “foreclosure-rescue
  155         consultant”; amending ss. 201.23, 420.507, 520.52,
  156         520.63, 607.0505, and 687.12, F.S.; conforming cross
  157         references; providing for the termination of mortgage
  158         business school licenses; providing for the expiration
  159         of mortgage brokerage business licenses, mortgage
  160         broker licenses, and correspondent mortgage lender
  161         licenses; providing requirements for applying for a
  162         loan originator, mortgage broker and mortgage lender
  163         license by a certain date; providing effective dates.
  164  
  165  Be It Enacted by the Legislature of the State of Florida:
  166  
  167         Section 1. Effective January 1, 2010, subsection (3) of
  168  section 494.001, Florida Statutes, is amended to read:
  169         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  170  term:
  171         (3) “Act as a mortgage broker” means, for compensation or
  172  gain, or in the expectation of compensation or gain, either
  173  directly or indirectly, accepting or offering to accept an
  174  application for a mortgage loan, soliciting or offering to
  175  solicit a mortgage loan on behalf of a borrower, negotiating or
  176  offering to negotiate the terms or conditions of a new or
  177  existing mortgage loan on behalf of a borrower or lender, or
  178  negotiating or offering to negotiate the sale of an existing
  179  mortgage loan to a noninstitutional investor. An employee whose
  180  activities are ministerial and clerical, which may include
  181  quoting available interest rates or loan terms and conditions,
  182  is not acting as a mortgage broker.
  183         Section 2. Section 494.001, Florida Statutes, as amended by
  184  this act, is amended to read:
  185         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  186  term:
  187         (1) “Act as a correspondent mortgage lender” means to make
  188  a mortgage loan.
  189         (2) “Act as a loan originator” means being employed by a
  190  mortgage lender or correspondent mortgage lender, for
  191  compensation or gain or in the expectation of compensation or
  192  gain, to negotiate, offer to negotiate, or assist any licensed
  193  or exempt entity in negotiating the making of a mortgage loan,
  194  including, but not limited to, working with a licensed or exempt
  195  entity to structure a loan or discussing terms and conditions
  196  necessary for the delivery of a loan product. A natural person
  197  whose activities are ministerial and clerical, which may include
  198  quoting available interest rates, is not acting as a loan
  199  originator.
  200         (3) “Act as a mortgage broker” means, for compensation or
  201  gain, or in the expectation of compensation or gain, directly or
  202  indirectly, accepting or offering to accept an application for a
  203  mortgage loan, soliciting or offering to solicit a mortgage loan
  204  on behalf of a borrower, negotiating or offering to negotiate
  205  the terms or conditions of a new or existing mortgage loan on
  206  behalf of a borrower or lender, or negotiating or offering to
  207  negotiate the sale of an existing mortgage loan to a
  208  noninstitutional investor. An employee whose activities are
  209  ministerial and clerical, which may include quoting available
  210  interest rates or loan terms and conditions, is not acting as a
  211  mortgage broker.
  212         (4) “Act as a mortgage lender” means to make a mortgage
  213  loan or to service a mortgage loan for others or, for
  214  compensation or gain, or in the expectation of compensation or
  215  gain, either directly or indirectly, to sell or offer to sell a
  216  mortgage loan to a noninstitutional investor.
  217         (5) “Associate” means a person required to be licensed as a
  218  mortgage broker under this chapter who is employed by or acting
  219  as an independent contractor for a mortgage brokerage business
  220  or a person acting as an independent contractor for a mortgage
  221  lender or correspondent mortgage lender. The use of the term
  222  associate, in contexts other than in the administration of ss.
  223  494.003-494.0077, shall not be construed to impose or effect the
  224  common-law or statutory liability of the employer.
  225         (1)“Borrower” means a person obligated to repay a mortgage
  226  loan and includes, but is not limited to, a coborrower,
  227  cosignor, or guarantor.
  228         (2)(6) “Branch manager broker” means the licensed loan
  229  originator licensee in charge of, and responsible for, the
  230  operation of the a branch office of a mortgage broker or
  231  mortgage lender brokerage business.
  232         (3)(7) “Branch office” means a location, other than a
  233  mortgage broker’s or mortgage lender’s licensee’s principal
  234  place of business:
  235         (a) The address of which appears on business cards,
  236  stationery, or advertising used by the licensee in connection
  237  with business conducted under this chapter;
  238         (b) At which the licensee’s name, advertising or
  239  promotional materials, or signage suggests suggest that mortgage
  240  loans are originated, negotiated, funded, or serviced; or
  241         (c) At which, due to the actions of any employee or
  242  associate of the licensee, may be construed by the public as a
  243  branch office of the licensee where mortgage loans are
  244  originated, negotiated, funded, or serviced by a licensee.
  245         (4)(8) “Commission” means the Financial Services
  246  Commission.
  247         (5)(9) “Control person” means an individual, partnership,
  248  corporation, trust, or other organization that possesses the
  249  power, directly or indirectly, to direct the management or
  250  policies of a company, whether through ownership of securities,
  251  by contract, or otherwise. The term includes, but is not limited
  252  to A person is presumed to control a company if, with respect to
  253  a particular company, that person:
  254         (a) A company’s executive officers, including the
  255  president, chief executive officer, chief financial officer,
  256  chief operations officer, chief legal officer, chief compliance
  257  officer, director, and other individuals having similar status
  258  or functions.
  259         (b) For a corporation, each shareholder that, directly or
  260  indirectly, owns 10 percent or more or that has the power to
  261  vote 10 percent or more, of a class of voting securities unless
  262  the applicant is a publicly traded company.
  263         (c)For a partnership, all general partners and limited or
  264  special partners that have contributed 10 percent or more or
  265  that have the right to receive, upon dissolution, 10 percent or
  266  more of the partnership’s capital.
  267         (d)For a trust, each trustee.
  268         (e)For a limited liability company, all elected managers
  269  and those members that have contributed 10 percent or more or
  270  that have the right to receive, upon dissolution, 10 percent or
  271  more of the partnership’s capital.
  272         (f)Principal loan originators.
  273         (6)“Credit report” means any written, oral, or other
  274  information obtained from a consumer reporting agency as
  275  described in the federal Fair Credit Reporting Act, which bears
  276  on an individual’s credit worthiness, credit standing, or credit
  277  capacity. A credit score alone, as calculated by the reporting
  278  agency, is not considered a credit report.
  279         (7)“Credit score” means a score, grade, or value that is
  280  derived by using data from a credit report in any type of model,
  281  method, or program, whether electronically, in an algorithm, in
  282  a computer software or program, or by any other process for the
  283  purpose of grading or ranking credit report data.
  284         (8)“Depository institution” has the same meaning as in s.
  285  (3)(c) of the Federal Deposit Insurance Act, and includes any
  286  credit union.
  287         (a) Is a director, general partner, or officer exercising
  288  executive responsibility or having similar status or functions;
  289         (b) Directly or indirectly may vote 10 percent or more of a
  290  class of voting securities or sell or direct the sale of 10
  291  percent or more of a class of voting securities; or
  292         (c) In the case of a partnership, may receive upon
  293  dissolution or has contributed 10 percent or more of the
  294  capital.
  295         (10) “Office” means the Office of Financial Regulation of
  296  the commission.
  297         (11) “Employed” means engaged in the service of another for
  298  salary or wages subject to withholding, FICA, or other lawful
  299  deductions by the employer as a condition of employment.
  300         (12) “Employee” means a natural person who is employed and
  301  who is subject to the right of the employer to direct and
  302  control the actions of the employee.
  303         (13) “Good standing” means that the registrant or licensee,
  304  or a subsidiary or affiliate thereof, is not, at the time of
  305  application, being penalized for one or more of the following
  306  disciplinary actions by a licensing authority of any state,
  307  territory, or country:
  308         (a) Revocation of a license or registration.
  309         (b) Suspension of a license or registration.
  310         (c) Probation of a license or registration for an offense
  311  involving fraud, dishonest dealing, or an act of moral
  312  turpitude.
  313         (9)“Financial audit report” means a report prepared in
  314  connection with a financial audit that is conducted in
  315  accordance with generally accepted auditing standards prescribed
  316  by the American Institute of Certified Public Accountants by a
  317  certified public accountant licensed to do business in the
  318  United States, and which must include:
  319         (a)Financial statements, including notes related to the
  320  financial statements and required supplementary information,
  321  prepared in conformity with United States generally accepted
  322  accounting principles.
  323         (b)An expression of opinion regarding whether the
  324  financial statements are presented in conformity with United
  325  States generally accepted accounting principles, or an assertion
  326  to the effect that such an opinion cannot be expressed and the
  327  reasons.
  328         (10)(14) “Institutional investor” means a depository
  329  institution state or national bank, state or federal savings and
  330  loan association or savings bank, real estate investment trust,
  331  insurance company, real estate company, accredited investor as
  332  defined in 17 C.F.R. ss. 230.501 et seq., mortgage broker or
  333  mortgage lender business licensed under this chapter ss.
  334  494.001-494.0077, or other business entity that invests in
  335  mortgage loans, including a secondary mortgage market
  336  institution including, without limitation, the Federal National
  337  Mortgage Association, the Federal Home Loan Mortgage
  338  Corporation, and the Government National Mortgage Association,
  339  conduits, investment bankers, and any subsidiary of such
  340  entities.
  341         (11)(15) “Loan commitment” or “commitment” means a
  342  statement by the lender setting forth the terms and conditions
  343  upon which the lender is willing to make a particular mortgage
  344  loan to a particular borrower.
  345         (12)“Loan modification” means a modification to an
  346  existing loan. The term does not include a refinancing
  347  transaction.
  348         (13)“Loan origination fee” means the total compensation
  349  from any source received by a mortgage broker acting as a loan
  350  originator. Any payment for processing mortgage loan
  351  applications must be included in the fee and must be paid to the
  352  mortgage broker.
  353         (14)“Loan originator” means an individual who, directly or
  354  indirectly, solicits or offers to solicit a mortgage loan,
  355  accepts or offers to accept an application for a mortgage loan,
  356  negotiates or offers to negotiate the terms or conditions of a
  357  new or existing mortgage loan on behalf of a borrower or lender,
  358  processes a mortgage loan application, or negotiates or offers
  359  to negotiate the sale of an existing mortgage loan to a
  360  noninstitutional investor for compensation or gain. The term
  361  includes the activities of a loan originator as that term is
  362  defined in the S.A.F.E. Mortgage Licensing Act of 2008, and an
  363  individual acting as a loan originator pursuant to that
  364  definition is acting as a loan originator for purposes of this
  365  definition. The term does not include an employee of a mortgage
  366  broker or mortgage lender who performs only administrative or
  367  clerical tasks, including quoting available interest rates,
  368  physically handling a completed application form, or
  369  transmitting a completed form to a lender on behalf of a
  370  prospective borrower.
  371         (15)(16) “Lock-in agreement” means an agreement whereby the
  372  lender guarantees for a specified number of days or until a
  373  specified date the availability of a specified rate of interest
  374  or specified formula by which the rate of interest will be
  375  determined or and/or specific number of discount points will be
  376  given, if the loan is approved and closed within the stated
  377  period of time.
  378         (16)(17) “Making Make a mortgage loan” means closing to
  379  close a mortgage loan in a person’s name, advancing or to
  380  advance funds, offering offer to advance funds, or making make a
  381  commitment to advance funds to an applicant for a mortgage loan.
  382         (17)“Material change” means a change that would be
  383  important to a reasonable borrower in making a borrowing
  384  decision, and includes a change in the interest rate previously
  385  offered a borrower, a change in the type of loan offered to a
  386  borrower, or a change in fees to be charged to a borrower
  387  resulting in total fees greater than $100.
  388         (18)“Mortgage broker” means a person conducting loan
  389  originator activities through one or more licensed loan
  390  originators employed by the mortgage broker or as independent
  391  contractors to the mortgage broker.
  392         (18) “Mortgage brokerage fee” means a fee received for
  393  acting as a mortgage broker.
  394         (19) “Mortgage brokerage business” means a person acting as
  395  a mortgage broker.
  396         (19)“Mortgage lender” means a person making a mortgage
  397  loan or servicing a mortgage loan for others, or, for
  398  compensation or gain, directly or indirectly, selling or
  399  offering to sell a mortgage loan to a noninstitutional investor.
  400         (20)(20) “Mortgage loan” means any:
  401         (a) Residential mortgage loan primarily for personal,
  402  family, or household use which is secured by a mortgage, deed of
  403  trust, or other equivalent consensual security interest on a
  404  dwelling, as defined in s. 103(v) of the federal Truth in
  405  Lending Act, or for the purchase of residential real estate upon
  406  which a dwelling is to be constructed;
  407         (b) Loan on commercial real property if the borrower is an
  408  individual a natural person or the lender is a noninstitutional
  409  investor; or
  410         (c) Loan on improved real property consisting of five or
  411  more dwelling units if the borrower is an individual a natural
  412  person or the lender is a noninstitutional investor.
  413         (21)“Mortgage loan application” means the submission of a
  414  borrower’s financial information in anticipation of a credit
  415  decision, which includes the borrower’s name, the borrower’s
  416  monthly income, the borrower’s social security number to obtain
  417  a credit report, the property address, an estimate of the value
  418  of the property, the mortgage loan amount sought, and any other
  419  information deemed necessary by the loan originator. An
  420  application may be in writing or electronically submitted,
  421  including a written record of an oral application.
  422         (22)(21) “Net worth” means total assets minus total
  423  liabilities pursuant to United States generally accepted
  424  accounting principles.
  425         (23)(22) “Noninstitutional investor” means an investor
  426  other than an institutional investor.
  427         (23) “Nonresidential mortgage loan” means a mortgage loan
  428  other than a residential mortgage loan.
  429         (24) “Office” means the Office of Financial Regulation.
  430         (25)(24) “Person” has the same meaning as in s. 1.01 means
  431  an individual, partnership, corporation, association, or other
  432  group, however organized.
  433         (25) “Principal broker” means a licensee in charge of, and
  434  responsible for, the operation of the principal place of
  435  business and all branch brokers.
  436         (26) “Principal loan originator” means the licensed loan
  437  originator in charge of, and responsible for, the operation of a
  438  mortgage lender or mortgage broker, including all of the
  439  activities of the mortgage lender’s or mortgage broker’s loan
  440  originators and branch managers, whether employees or
  441  independent contractors.
  442         (27)(26) “Principal place of business” means a mortgage
  443  broker’s or mortgage lender’s licensee’s primary business
  444  office, the street address, or physical location that of which
  445  is designated on the application for licensure or any amendment
  446  to such application.
  447         (28)“Registered loan originator” means a loan originator
  448  who is employed by a depository institution, by a subsidiary
  449  that is owned and controlled by a depository institution and
  450  regulated by a federal banking agency, or by an institution
  451  regulated by the Farm Credit Administration, and who is
  452  registered with and maintains a unique identifier through the
  453  registry.
  454         (29)“Registry” means the Nationwide Mortgage Licensing
  455  System and Registry, which is the mortgage licensing system
  456  developed and maintained by the Conference of State Bank
  457  Supervisors and the American Association of Residential Mortgage
  458  Regulators for the licensing and registration of loan
  459  originators.
  460         (30)“Relative” means any of the following, whether by the
  461  full or half blood or by adoption:
  462         (a)A person’s spouse, father, mother, children, brothers,
  463  and sisters.
  464         (b)The father, mother, brothers, and sisters of the
  465  person’s spouse.
  466         (c)The spouses of the person’s children, brothers, or
  467  sisters.
  468         (27) “Residential mortgage loan” means any mortgage or
  469  other security instrument secured by improved real property
  470  consisting of no more than four dwelling units.
  471         (31)“Servicing endorsement” means authorizing a mortgage
  472  lender to service a loan for more than 4 months.
  473         (32)(28) “Servicing Service a mortgage loan” means to
  474  receive, or cause to be received, or transferred for another,
  475  installment payments of principal, interest, or other payments
  476  pursuant to a mortgage loan.
  477         (33)(29) “Substantial fault of the borrower” means that the
  478  borrower:
  479         (a) Failed to provide information or documentation required
  480  by the lender or broker in a timely manner;
  481         (b) Provided information, in the application or
  482  subsequently, which upon verification proved to be significantly
  483  inaccurate, causing the need for review or further investigation
  484  by the lender or broker;
  485         (c) Failed to produce by no later than the date specified
  486  by the lender all documentation specified in the commitment or
  487  closing instructions as being required for closing; or
  488         (d) Failed to be ready, willing, or able to close the loan
  489  by no later than the date specified by the lender or broker.
  490  
  491  For purposes of this definition, a borrower is considered to
  492  have provided information or documentation in a timely manner if
  493  such information and documentation was received by the lender
  494  within 7 days after the borrower received a request for same,
  495  and information is considered significantly inaccurate if the
  496  correct information materially affects the eligibility of the
  497  borrower for the loan for which application is made.
  498         (34)(30) “Ultimate equitable owner” means an individual a
  499  natural person who, directly or indirectly, owns or controls an
  500  ownership interest in a corporation, a foreign corporation, an
  501  alien business organization, or any other form of business
  502  organization, regardless of whether the individual such natural
  503  person owns or controls such ownership interest through one or
  504  more individuals natural persons or one or more proxies, powers
  505  of attorney, nominees, corporations, associations, partnerships,
  506  trusts, joint stock companies, or other entities or devices, or
  507  any combination thereof.
  508         (31) “Principal representative” means an individual who
  509  operates the business operations of a licensee under part III.
  510         (32) “Mortgage loan application” means a submission of a
  511  borrower’s financial information in anticipation of a credit
  512  decision, whether written or computer-generated, relating to a
  513  mortgage loan. If the submission does not state or identify a
  514  specific property, the submission is an application for a
  515  prequalification and not an application for a mortgage loan
  516  under this part. The subsequent addition of an identified
  517  property to the submission converts the submission to an
  518  application for a mortgage loan.
  519         (33) “Mortgage brokerage fee” means the total compensation
  520  to be received by a mortgage brokerage business for acting as a
  521  mortgage broker.
  522         (34) “Business day” means any calendar day except Sunday or
  523  a legal holiday.
  524         Section 3. Section 494.0011, Florida Statutes, is amended
  525  to read:
  526         494.0011 Powers and duties of the commission and office.—
  527         (1) The office shall be responsible for the administration
  528  and enforcement of ss. 494.001-494.0077.
  529         (2) The commission may adopt rules pursuant to ss.
  530  120.536(1) and 120.54 To administer implement ss. 494.001
  531  494.0077,. the commission may adopt rules:
  532         (a) Requiring electronic submission of any forms,
  533  documents, or fees required by this act if such rules reasonably
  534  accommodate technological or financial hardship.
  535         (b)Relating to compliance with the S.A.F.E. Mortgage
  536  Licensing Act of 2008, including rules to:
  537         1.Require loan originators, mortgage brokers, mortgage
  538  lenders, and branch offices to register through the registry.
  539         2.Require the use of uniform forms that have been approved
  540  by the registry, and any subsequent amendments to such forms if
  541  the forms are substantially in compliance with the provisions of
  542  this chapter. Uniform forms that the commission may adopt
  543  include, but are not limited to:
  544         a.Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  545         b.Uniform Mortgage Biographical Statement & Consent Form,
  546  MU2.
  547         c.Uniform Mortgage Branch Office Form, MU3.
  548         d.Uniform Individual Mortgage License/Registration &
  549  Consent Form, MU4.
  550         3.Require the filing of forms, documents, and fees in
  551  accordance with the requirements of the registry.
  552         4.Prescribe requirements for amending or surrendering a
  553  license or other activities as the commission deems necessary
  554  for the office’s participation in the registry.
  555         5.Prescribe procedures that allow a licensee to challenge
  556  information contained in the registry.
  557         6.Prescribe procedures for reporting violations of this
  558  chapter and disciplinary actions on licensees to the registry.
  559  The commission may prescribe by rule requirements and procedures
  560  for obtaining an exemption due to a technological or financial
  561  hardship. The commission may also adopt rules to accept
  562  certification of compliance with requirements of this act in
  563  lieu of requiring submission of documents.
  564         (c)Establishing time periods during which a loan
  565  originator, mortgage broker, or mortgage lender license
  566  applicant under part II or part III is barred from licensure due
  567  to prior criminal convictions of, or guilty or nolo contendre
  568  pleas by, any of the applicant’s control persons, regardless of
  569  adjudication.
  570         1.The rules must provide:
  571         a.Permanent bars for felonies involving fraud, dishonesty,
  572  breach of trust, or money laundering;
  573         b.A 15-year disqualifying period for felonies involving
  574  moral turpitude;
  575         c.A 7-year disqualifying period for all other felonies;
  576  and
  577         d.A 5-year disqualifying period for misdemeanors involving
  578  fraud, dishonesty, or any other act of moral turpitude.
  579         2.The rules may provide for an additional waiting period
  580  due to dates of imprisonment or community supervision, the
  581  commitment of multiple crimes, and other factors reasonably
  582  related to the applicant’s criminal history.
  583         3.The rules may provide for mitigating factors for crimes
  584  identified in sub-subparagraph 1.b. However, the mitigation may
  585  not result in a period of disqualification less than 7 years.
  586  The rule may not mitigate the disqualifying periods in sub
  587  subparagraphs 1.a., 1.c., and 1.d.
  588         4. An applicant is not eligible for licensure until the
  589  expiration of the disqualifying period set by rule.
  590         5.Section 112.011 is not applicable to eligibility for
  591  licensure under this part.
  592         (3) Except as provided in s. 494.00172, all fees, charges,
  593  and fines collected pursuant to ss. 494.001-494.0077 shall be
  594  deposited in the State Treasury to the credit of the Regulatory
  595  Trust Fund of under the office.
  596         (4)The office shall participate in the registry and shall
  597  regularly report to the registry violations of this chapter,
  598  disciplinary actions, and other information deemed relevant by
  599  the office under this chapter.
  600         (4)(a) The office has the power to issue and to serve
  601  subpoenas and subpoenas duces tecum to compel the attendance of
  602  witnesses and the production of all books, accounts, records,
  603  and other documents and materials relevant to an examination or
  604  investigation. The office, or its duly authorized
  605  representative, has the power to administer oaths and
  606  affirmations to any person.
  607         (b) The office may, in its discretion, seek subpoenas or
  608  subpoenas duces tecum from any court of competent jurisdiction
  609  commanding the appearance of witnesses and the production of
  610  books, accounts, records, and other documents or materials at a
  611  time and place named in the subpoenas; and any authorized
  612  representative of the office may serve any subpoena.
  613         (5)(a) In the event of substantial noncompliance with a
  614  subpoena or subpoena duces tecum issued or caused to be issued
  615  by the office, the office may petition the circuit court or any
  616  other court of competent jurisdiction of the county in which the
  617  person subpoenaed resides or has its principal place of business
  618  for an order requiring the subpoenaed person to appear and
  619  testify and to produce such books, accounts, records, and other
  620  documents as are specified in the subpoena duces tecum. The
  621  court may grant injunctive relief restraining the person from
  622  advertising, promoting, soliciting, entering into, offering to
  623  enter into, continuing, or completing any mortgage loan
  624  transaction or mortgage loan servicing transaction. The court
  625  may grant such other relief, including, but not limited to, the
  626  restraint, by injunction or appointment of a receiver, of any
  627  transfer, pledge, assignment, or other disposition of the
  628  person’s assets or any concealment, alteration, destruction, or
  629  other disposition of books, accounts, records, or other
  630  documents and materials as the court deems appropriate, until
  631  the person has fully complied with the subpoena duces tecum and
  632  the office has completed its investigation or examination. In
  633  addition, the court may order the refund of any fees collected
  634  in a mortgage loan transaction whenever books and documents
  635  substantiating the transaction are not produced or cannot be
  636  produced. The office is entitled to the summary procedure
  637  provided in s. 51.011, and the court shall advance such cause on
  638  its calendar. Attorney’s fees and any other costs incurred by
  639  the office to obtain an order granting, in whole or part, a
  640  petition for enforcement of a subpoena or subpoena duces tecum
  641  shall be taxed against the subpoenaed person, and failure to
  642  comply with such order is a contempt of court.
  643         (b) When it appears to the office that the compliance with
  644  a subpoena or subpoena duces tecum issued or caused to be issued
  645  by the office pursuant to this section is essential and
  646  otherwise unavailable to an investigation or examination, the
  647  office, in addition to the other remedies provided for in this
  648  section, may apply to the circuit court or any other court of
  649  competent jurisdiction of the county in which the subpoenaed
  650  person resides or has its principal place of business for a writ
  651  of ne exeat. The court shall thereupon direct the issuance of
  652  the writ against the subpoenaed person requiring sufficient bond
  653  conditioned on compliance with the subpoena or subpoena duces
  654  tecum. The court shall cause to be endorsed on the writ a
  655  suitable amount of bond upon the payment of which the person
  656  named in the writ shall be freed, having a due regard to the
  657  nature of the case.
  658         (c) Alternatively, the office may seek a writ of attachment
  659  from the court having jurisdiction over the person who has
  660  refused to obey a subpoena, who has refused to give testimony,
  661  or who has refused to produce the matters described in the
  662  subpoena duces tecum.
  663         (6) The grant or denial of any license under this chapter
  664  must be in accordance with s. 120.60.
  665         Section 4. Effective January 1, 2010, section 494.00115,
  666  Florida Statutes, is created to read:
  667         494.00115Exemptions.—
  668         (1)The following are exempt from regulation under parts I,
  669  II, and III of this chapter.
  670         (a)Any person operating exclusively as a registered loan
  671  originator in accordance with the S.A.F.E. Mortgage Licensing
  672  Act of 2008.
  673         (b)A depository institution; subsidiaries that are owned
  674  and controlled by a depository institution and regulated by the
  675  Board of Governors of the Federal Reserve System, the
  676  Comptroller of the Currency, the Director of the Office of
  677  Thrift Supervision, the National Credit Union Administration, or
  678  the Federal Deposit Insurance Corporation; or institutions
  679  regulated by the Farm Credit Administration.
  680         (c)The Federal National Mortgage Association; the Federal
  681  Home Loan Mortgage Corporation; any agency of the Federal
  682  Government; any state, county, or municipal government; or any
  683  quasi-governmental agency that acts in such capacity under the
  684  specific authority of the laws of any state or the United
  685  States.
  686         (d)An attorney licensed in this state who negotiates the
  687  terms of a mortgage loan on behalf of a client as an ancillary
  688  matter to the attorney’s representation of the client.
  689         (e)A person involved solely in the extension of credit
  690  relating to the purchase of a timeshare plan, as that term is
  691  defined in 11 U.S.C. s. 101(53D)
  692         (2)The following persons are exempt from regulation under
  693  part III of this chapter:
  694         (a)A person acting in a fiduciary capacity conferred by
  695  the authority of a court.
  696         (b)A person who, as a seller of his or her own real
  697  property, receives one or more mortgages in a purchase money
  698  transaction.
  699         (c)A person who acts solely under contract and as an agent
  700  for federal, state, or municipal agencies for the purpose of
  701  servicing mortgage loans.
  702         (d)A person who makes only nonresidential mortgage loans
  703  and sells loans only to institutional investors.
  704         (e)An individual making or acquiring a mortgage loan using
  705  his or her own funds for his or her own investment, and who does
  706  not hold himself or herself out to the public as being in the
  707  mortgage lending business.
  708         (f)An individual selling a mortgage that was made or
  709  purchased with that individual’s funds for his or her own
  710  investment, and who does not hold himself or herself out to the
  711  public as being in the mortgage lending business.
  712         (3)It is not necessary to negate any of the exemptions
  713  provided in this section in any complaint, information,
  714  indictment, or other writ or proceeding brought under ss.
  715  494.001-494.0077. The burden of establishing the right to an
  716  exemption is on the party claiming the benefit of the exemption.
  717         Section 5. Section 494.00135, Florida Statutes, is created
  718  to read:
  719         494.00135Subpoenas.—
  720         (1)The office may:
  721         (a)Issue and serve subpoenas and subpoenas duces tecum to
  722  compel the attendance of witnesses and the production of all
  723  books, accounts, records, and other documents and materials
  724  relevant to an examination or investigation conducted by the
  725  office. The office, or its authorized representative, may
  726  administer oaths and affirmations to any person.
  727         (b) Seek subpoenas or subpoenas duces tecum from any court
  728  to command the appearance of witnesses and the production of
  729  books, accounts, records, and other documents or materials at a
  730  time and place named in the subpoenas, and an authorized
  731  representative of the office may serve such subpoena.
  732         (2) If there is substantial noncompliance with a subpoena
  733  or subpoena duces tecum issued by the office, the office may
  734  petition the court in the county where the person subpoenaed
  735  resides or has his or her principal place of business for an
  736  order requiring the person to appear, testify, or produce such
  737  books, accounts, records, and other documents as are specified
  738  in the subpoena or subpoena duces tecum.
  739         (a)The court may grant injunctive relief restraining the
  740  person from advertising, promoting, soliciting, entering into,
  741  offering to enter into, continuing, or completing a mortgage
  742  loan or servicing a mortgage loan.
  743         (b)The court may grant such other relief, including, but
  744  not limited to, the restraint, by injunction or appointment of a
  745  receiver, of any transfer, pledge, assignment, or other
  746  disposition of the person’s assets or any concealment,
  747  alteration, destruction, or other disposition of books,
  748  accounts, records, or other documents and materials as the court
  749  deems appropriate, until the person has fully complied with the
  750  subpoena duces tecum and the office has completed its
  751  investigation or examination.
  752         (c)The court may order the refund of any fees collected in
  753  a mortgage loan transaction if books and documents
  754  substantiating the transaction are not produced or cannot be
  755  produced.
  756         (d) If it appears to the office that compliance with a
  757  subpoena or subpoena duces tecum issued is essential and
  758  otherwise unavailable to an investigation or examination, the
  759  office may apply to the court for a writ of ne exeat pursuant to
  760  s. 68.02.
  761         (e)The office may seek a writ of attachment to obtain all
  762  books, accounts, records, and other documents and materials
  763  relevant to an examination or investigation.
  764         (3)The office is entitled to the summary procedure
  765  provided in s. 51.011, and the court shall advance such cause on
  766  its calendar. Attorney’s fees and any other costs incurred by
  767  the office to obtain an order granting, in whole or in part, a
  768  petition for enforcement of a subpoena or subpoena duces tecum
  769  shall be taxed against the subpoenaed person, and failure to
  770  comply with such order is a contempt of court.
  771         Section 6. Section 494.0014, Florida Statutes, is amended
  772  to read:
  773         494.0014 Cease and desist orders; administrative fines;
  774  refund orders.—
  775         (1) The office may has the power to issue and serve upon
  776  any person an order to cease and desist and to take corrective
  777  action if whenever it has reason to believe the person is
  778  violating, has violated, or is about to violate any provision of
  779  ss. 494.001-494.0077, any rule or order issued under ss.
  780  494.001-494.0077, or any written agreement between the person
  781  and the office. All procedural matters relating to issuance and
  782  enforcement of such a cease and desist order are governed by the
  783  Administrative Procedure Act.
  784         (2) The office may has the power to order the refund of any
  785  fee directly or indirectly assessed and charged on a mortgage
  786  loan transaction which is unauthorized or exceeds the maximum
  787  fee specifically authorized in ss. 494.001-494.0077, or any
  788  amount collected for the payment of third-party fees which
  789  exceeds the cost of the service provided.
  790         (3) The office may prohibit the association by a mortgage
  791  broker business, or the employment by a mortgage lender or
  792  correspondent mortgage lender, of any person who has engaged in
  793  a pattern of misconduct while an associate of a mortgage
  794  brokerage business or an employee of a mortgage lender or
  795  correspondent mortgage lender. For the purpose of this
  796  subsection, the term “pattern of misconduct” means the
  797  commission of three or more violations of ss. 494.001-494.0077
  798  or the provisions of chapter 494 in effect prior to October 1,
  799  1991, during any 1-year period or any criminal conviction for
  800  violating ss. 494.001-494.0077 or the provisions of chapter 494
  801  in effect prior to October 1, 1991.
  802         (4) The office may impose upon any person who makes or
  803  brokers a loan, or any mortgage business school, a fine for
  804  violations of any provision of ss. 494.001-494.00295 or any rule
  805  or order issued under ss. 494.001-494.00295 in an amount not
  806  exceeding $5,000 for each separate count or offense.
  807         Section 7. Effective July 1, 2009, section 494.00165,
  808  Florida Statutes, is amended to read:
  809         494.00165 Prohibited advertising; record requirements.—
  810         (1) It is a violation of this chapter for any person to:
  811         (a) Advertise that an applicant shall will have unqualified
  812  access to credit without disclosing the what material
  813  limitations on the availability of such credit exist. Such
  814  Material limitations include, but are not limited to, the
  815  percentage of down payment required, that a higher rate or
  816  points could be required, or that restrictions on as to the
  817  maximum principal amount of the loan offered could apply.
  818         (b) Advertise a mortgage loan at an expressed interest rate
  819  unless the advertisement specifically states that the expressed
  820  rate could change or not be available at commitment or closing.
  821         (c) Advertise mortgage loans, including rates, margins,
  822  discounts, points, fees, commissions, or other material
  823  information, including material limitations on such loans,
  824  unless the such person is able to make such mortgage loans
  825  available to a reasonable number of qualified applicants.
  826         (d) Falsely advertise or misuse names indicating a federal
  827  agency pursuant to 18 U.S.C. s. 709.
  828         (e)Engage in unfair, deceptive, or misleading advertising
  829  regarding mortgage loans, brokering services, or lending
  830  services.
  831         (2) Each person required to be licensed under this chapter
  832  must shall maintain a record of samples of each of its
  833  advertisements, including commercial scripts of each radio or
  834  television broadcast, for examination by the office for a period
  835  of 2 years after the date of publication or broadcast.
  836         Section 8. Section 494.0017, Florida Statutes, is repealed.
  837         Section 9. Section 494.00172, Florida Statutes, is created
  838  to read:
  839         494.00172Mortgage Guaranty Trust Fund; payment of fees and
  840  claims.—A nonrefundable fee is imposed on each application for a
  841  mortgage broker, mortgage lender, or loan originator license and
  842  on each annual application for a renewal of such license. For a
  843  loan originator, the initial and renewal fee is $20. For
  844  mortgage brokers and lenders, the initial and renewal fee is
  845  $100. This fee is in addition to the regular application or
  846  renewal fee assessed and shall be deposited into the Mortgage
  847  Guaranty Trust Fund of the office for the payment of claims in
  848  accordance with this section.
  849         (1)If the amount in the trust fund exceeds $5 million, the
  850  additional fee shall be discontinued and may not be reimposed
  851  until the fund is reduced to below $1 million pursuant to
  852  disbursements made in accordance with this section.
  853         (2)A borrower in a mortgage loan transaction is eligible
  854  to seek recovery from the trust fund if all of the following
  855  conditions are met:
  856         (a)The borrower has recorded a final judgment issued by a
  857  state court wherein the cause of action against a licensee under
  858  this chapter was based on a violation of this chapter and the
  859  damages were the result of that violation.
  860         (b)The borrower has caused a writ of execution to be
  861  issued upon such judgment, and the officer executing the
  862  judgment has made a return showing that no personal or real
  863  property of the judgment debtor liable to be levied upon in
  864  satisfaction of the judgment can be found or that the amount
  865  realized on the sale of the judgment debtor’s property pursuant
  866  to such execution is insufficient to satisfy the judgment.
  867         (c)The borrower has made all reasonable searches and
  868  inquiries to ascertain whether the judgment debtor possesses
  869  real or personal property or other assets subject to being sold
  870  or applied in satisfaction of the judgment, and has discovered
  871  no such property or assets; or he or she has discovered property
  872  and assets and has taken all necessary action and proceedings
  873  for the application thereof to the judgment, but the amount
  874  realized is insufficient to satisfy the judgment.
  875         (d)The borrower has applied any amounts recovered from the
  876  judgment debtor, or from any other source, to the damages
  877  awarded by the court.
  878         (e)The borrower, at the time the action was instituted,
  879  gave notice and provided a copy of the complaint to the office
  880  by certified mail. The requirement of a timely giving of notice
  881  may be waived by the office upon a showing of good cause.
  882         (f)The act for which recovery is sought occurred on or
  883  after January 1, 2011.
  884         (3)The requirements of subsection (2) are not applicable
  885  if the licensee upon which the claim is sought has filed for
  886  bankruptcy or has been adjudicated bankrupt. However, the
  887  claimant must file a proof of claim in the bankruptcy
  888  proceedings and must notify the office by certified mail of the
  889  claim by enclosing a copy of the proof of claim and all
  890  supporting documents.
  891         (4)Any person who meets all of the conditions in
  892  subsection (2) may apply to the office for payment from the
  893  trust fund equal to the unsatisfied portion of that person’s
  894  judgment or $50,000, whichever is less, but only to the extent
  895  that the amount reflected in the judgment is for actual or
  896  compensatory damages, plus any attorney’s fees and costs awarded
  897  by the trial court which have been determined by the court, and
  898  the documented costs associated with attempting to collect the
  899  judgment. Actual or compensatory damages may not include
  900  postjudgment interest. Attorney’s fees may not exceed $5,000 or
  901  20 percent of the actual or compensatory damages, whichever is
  902  less. If actual or compensatory damages, plus attorney’s fees
  903  and costs, exceed $50,000, actual or compensatory damages must
  904  be paid first. The cumulative payment for actual or compensatory
  905  damages, plus attorney’s fees and costs, may not exceed $50,000
  906  as described in this section.
  907         (a)A borrower may not collect more than $50,000 from the
  908  trust fund for any claim regardless of the number of licensees
  909  liable for the borrower’s damages.
  910         (b)Payments for claims are limited in the aggregate to
  911  $250,000 against any one licensee under this chapter. If the
  912  total claims exceed the aggregate limit of $250,000, the office
  913  shall prorate payments based on the ratio that a claim bears to
  914  the total claims filed.
  915         (c)Payments shall be made to all persons meeting the
  916  requirements of subsection (2) 2 years after the date the first
  917  complete and valid notice is received by the office. Persons who
  918  give notice after 2 years and who otherwise comply with the
  919  conditions precedent to recovery may recover from any remaining
  920  portion of the $250,000 aggregate as provided in this
  921  subsection, with claims being paid in the order notice was
  922  received until the $250,000 aggregate has been disbursed.
  923         (d)The claimant shall assign his or her right, title, and
  924  interest in the judgment, to the extent of his or her recovery
  925  from the fund, to the office and shall record, at his or her own
  926  expense, the assignment of judgment in every county where the
  927  judgment is recorded.
  928         (e)If the money in the fund is insufficient to satisfy any
  929  valid claim or portion thereof, the office shall satisfy such
  930  unpaid claim or portion as soon as a sufficient amount of money
  931  has been deposited in the trust fund. If there is more than one
  932  unsatisfied claim outstanding, such claims shall be paid in the
  933  order in which the claims were filed with the office.
  934         (f)The payment of any amount from the fund in settlement
  935  of a claim or in satisfaction of a judgment against a licensee
  936  constitutes prima facie grounds for the revocation of the
  937  license.
  938         Section 10. Section 494.0018, Florida Statutes, is amended
  939  to read:
  940         494.0018 Penalties.—
  941         (1) Whoever knowingly violates any provision of s.
  942  494.00255(1)(a), (b), or (c) s. 494.0041(2)(e), (f), or (g); s.
  943  494.0072(2)(e), (f), or (g); or s. 494.0025(1), (2), (3), (4),
  944  or (5), except as provided in subsection (2) of this section,
  945  commits is guilty of a felony of the third degree, punishable as
  946  provided in s. 775.082, s. 775.083, or s. 775.084. Each such
  947  violation constitutes a separate offense.
  948         (2) Any person who violates convicted of a violation of any
  949  provision of ss. 494.001-494.0077, in which violation the total
  950  value of money and property unlawfully obtained exceeds exceeded
  951  $50,000 and there are were five or more victims, commits is
  952  guilty of a felony of the first degree, punishable as provided
  953  in s. 775.082, s. 775.083, or s. 775.084.
  954         Section 11. Effective July 1, 2009, section 494.0019,
  955  Florida Statutes, is amended to read:
  956         494.0019 Liability in case of unlawful transaction.—
  957         (1) If a mortgage loan transaction is made in violation of
  958  any provision of ss. 494.001-494.0077, the person making the
  959  transaction and every licensee, director, or officer who
  960  participated in making the transaction are jointly and severally
  961  liable to every party to the transaction in an action for
  962  damages incurred by the party or parties.
  963         (2) A person is not liable under this section upon a
  964  showing that such person’s licensees, officers, and directors
  965  who participated in making the mortgage loan transaction, if
  966  any, acted in good faith and without knowledge and, with the
  967  exercise of due diligence, could not have known of the act
  968  committed in violation of ss. 494.001-494.0077.
  969         Section 12. Effective July 1, 2009, section 494.002,
  970  Florida Statutes, is amended to read:
  971         494.002 Statutory or common-law remedies.—Sections Nothing
  972  in ss. 494.001-494.0077 do not limit limits any statutory or
  973  common-law right of any person to bring any action in any court
  974  for any act involved in the mortgage loan business or the right
  975  of the state to punish any person for any violation of any law.
  976         Section 13. Section 494.0023, Florida Statutes, is amended
  977  to read:
  978         494.0023 Conflicting interest.—
  979         (1) If, in a mortgage transaction, a licensee has a
  980  conflicting interest as specified in subsection (2), the
  981  licensee shall, at a minimum, provide the following disclosures
  982  to the borrower in writing:
  983         (a) The nature of the relationship, ownership, or financial
  984  interest between the provider of products or services, or
  985  business incident thereto, and the licensee making the referral;
  986  The type of conflicting interest shall be fully and fairly
  987  disclosed.
  988         (b) An estimated charge or range of charges generally made
  989  by such a provider; The licensee shall inform the borrower in
  990  writing
  991         (c) That a financial benefit may be received by the
  992  licensee as a result of the conflicting interest; and.
  993         (d)(c)The borrower shall be informed That alternative
  994  sources may be chosen by the borrower to provide the any
  995  required products or services. The following language must be
  996  contained in 12-point type in any agreement between a mortgage
  997  broker, mortgage lender, or correspondent mortgage lender and a
  998  borrower in substantially this form:
  999  
 1000  You are not required to purchase additional products or services
 1001  from any person or entity suggested or recommended by
 1002  (Broker/Lender/Correspondent Lender). However, the
 1003  (Broker/Lender/Correspondent Lender) hereby reserves the right
 1004  to approve the entity selected by the borrower, which approval
 1005  may not be unreasonably withheld.
 1006         (2) A licensee has a conflicting interest if:
 1007         (a) The licensee or the licensee’s relative provides the
 1008  borrower with additional products or services;
 1009         (b) The licensee or licensee’s relative, either directly or
 1010  indirectly, owns, controls, or holds with power to vote, or
 1011  holds proxies representing, 1 10 percent or more of any class of
 1012  equity securities or other beneficial interest in the such
 1013  person providing the additional products or services;
 1014         (c) The person providing the additional products or
 1015  services, either directly or indirectly, owns, controls, or
 1016  holds the power to vote, or holds proxies representing, 1 10
 1017  percent or more of any class of equity securities or other
 1018  beneficial interest in the licensee;
 1019         (d) A holding company, either directly or indirectly, owns,
 1020  controls, or holds with power to vote, or holds proxies
 1021  representing, 1 10 percent or more of any class of equity
 1022  securities or other beneficial interest in both the licensee and
 1023  the person providing the additional products or services;
 1024         (e) One or more persons, or such person’s relative, sits as
 1025  an officer or director, or performs similar functions as an
 1026  officer or director, for both the licensee and the person
 1027  providing the additional products or services; or
 1028         (f) The licensee or the licensee’s relative sits as an
 1029  officer or director, or performs similar functions as an officer
 1030  or director, of the person providing the additional products or
 1031  services.
 1032         (3)The commission may adopt rules to administer the
 1033  disclosure requirements of this section. The rules must consider
 1034  the disclosure requirements of the federal Real Estate
 1035  Settlement Procedures Act, 12 U.S.C. ss. 2601 et seq.; the
 1036  federal Truth in Lending Act, 15 U.S.C. et seq.; and related
 1037  federal regulations.
 1038         (3) As used in this section, the term “relative” of any
 1039  natural person means any of the following persons, whether by
 1040  the full or half blood or by adoption:
 1041         (a) Such person’s spouse, father, mother, children,
 1042  brothers, and sisters.
 1043         (b) The father, mother, brothers, and sisters of such
 1044  person’s spouse.
 1045         (c) The spouses of children, brothers, or sisters of such
 1046  person.
 1047         Section 14. Section 494.0025, Florida Statutes, is amended
 1048  to read:
 1049         494.0025 Prohibited practices.—It is unlawful for any
 1050  person:
 1051         (1) To act as a mortgage lender in this state without a
 1052  current, active license issued by the office pursuant to ss.
 1053  494.006-494.0077.
 1054         (1)(2) To act as a loan originator correspondent mortgage
 1055  lender in this state without a current, active license issued by
 1056  the office pursuant to part II of this chapter ss. 494.006
 1057  494.0077.
 1058         (2)(3) To act as a mortgage broker in this state without a
 1059  current, active license issued by the office pursuant to part II
 1060  of this chapter ss. 494.003-494.0043.
 1061         (3)To act as a mortgage lender in this state without a
 1062  current, active license issued by the office pursuant to part
 1063  III of this chapter.
 1064         (4) In any practice or transaction or course of business
 1065  relating to the sale, purchase, negotiation, promotion,
 1066  advertisement, or hypothecation of mortgage loan transactions,
 1067  directly or indirectly:
 1068         (a) To knowingly or willingly employ any device, scheme, or
 1069  artifice to defraud;
 1070         (b) To engage in any transaction, practice, or course of
 1071  business which operates as a fraud upon any person in connection
 1072  with the purchase or sale of any mortgage loan; or
 1073         (c) To obtain property by fraud, willful misrepresentation
 1074  of a future act, or false promise.
 1075         (5) In any matter within the jurisdiction of the office, to
 1076  knowingly and willfully falsify, conceal, or cover up by a
 1077  trick, scheme, or device a material fact, make any false or
 1078  fraudulent statement or representation, or make or use any false
 1079  writing or document, knowing the same to contain any false or
 1080  fraudulent statement or entry.
 1081         (6) To violate s. 655.922(2), subject to ss. 494.001
 1082  494.0077.
 1083         (7) Who is required to be licensed under ss. 494.006
 1084  494.0077, to fail to report to the office the failure to meet
 1085  the net worth requirements of s. 494.0061, s. 494.0062, or s.
 1086  494.0065 within 48 hours after the person’s knowledge of such
 1087  failure or within 48 hours after the person should have known of
 1088  such failure.
 1089         (7)(8) To pay a fee or commission in any mortgage loan
 1090  transaction to any person or entity other than a licensed
 1091  mortgage broker brokerage business, mortgage lender, or
 1092  correspondent mortgage lender, operating under an active
 1093  license, or a person exempt from licensure under this chapter.
 1094         (8)(9) To record a mortgage broker brokerage agreement or
 1095  any other document, not rendered by a court of competent
 1096  jurisdiction, which purports to enforce the terms of the
 1097  mortgage brokerage agreement.
 1098         (9)(10) To use the name or logo of a financial institution,
 1099  as defined in s. 655.005(1), or its affiliates or subsidiaries
 1100  when marketing or soliciting existing or prospective customers
 1101  if such marketing materials are used without the written consent
 1102  of the financial institution and in a manner that would lead a
 1103  reasonable person to believe that the material or solicitation
 1104  originated from, was endorsed by, or is related to or the
 1105  responsibility of the financial institution or its affiliates or
 1106  subsidiaries.
 1107         (10)Subject to investigation or examination under this
 1108  chapter, to knowingly alter, withhold, conceal, or destroy any
 1109  books, records, computer records, or other information relating
 1110  to a person’s activities which subject the person to the
 1111  jurisdiction of this chapter.
 1112         Section 15. Section 494.00255, Florida Statutes, is created
 1113  to read:
 1114         494.00255Administrative penalties and fines; license
 1115  violations.—
 1116         (1)Each of the following acts constitutes a ground for
 1117  which the disciplinary actions specified in subsection (2) may
 1118  be taken against a person licensed or required to be licensed
 1119  under part II or part III of this chapter:
 1120         (a)Failure to immediately place upon receipt, and maintain
 1121  until authorized to disburse, any money entrusted to the
 1122  licensee as a licensee in a segregated account of a federally
 1123  insured financial institution in this state.
 1124         (b)Failure to account or deliver to any person any
 1125  property that is not the licensee’s, or that the licensee is not
 1126  entitled to retain, under the circumstances and at the time that
 1127  has been agreed upon or as required by law or, in the absence of
 1128  a fixed time, upon demand of the person entitled to such
 1129  accounting and delivery.
 1130         (c)Failure to disburse funds in accordance with
 1131  agreements.
 1132         (d)Any misuse, misapplication, or misappropriation of
 1133  personal property entrusted to the licensee’s care to which the
 1134  licensee had no current property right at the time of
 1135  entrustment.
 1136         (e)Fraud, misrepresentation, deceit, negligence, or
 1137  incompetence in any mortgage financing transaction.
 1138         (f)Requesting a specific valuation, orally or in writing,
 1139  from an appraiser for a particular property, implying to an
 1140  appraiser that a specific valuation is needed for a particular
 1141  property, or in any manner conditioning the order for an
 1142  appraisal on the appraisal meeting a specific valuation. The
 1143  numeric value of the specific valuation sought need not be
 1144  stated, but rather the mere statement that a specific valuation
 1145  is sought, violates this section.
 1146         (g)Consistently and materially underestimating maximum
 1147  closing costs.
 1148         (h)Disbursement, or an act which has caused or will cause
 1149  disbursement, to any person in any amount from the Mortgage
 1150  Guaranty Trust Fund, the Securities Guaranty Fund, or the
 1151  Florida Real Estate Recovery Fund, regardless of any repayment
 1152  or restitution to the disbursed fund by the licensee or any
 1153  person acting on behalf of the licensee.
 1154         (i)Commission of fraud, misrepresentation, concealment, or
 1155  dishonest dealing by trick, scheme, or device; culpable
 1156  negligence; breach of trust in any business transaction in any
 1157  state, nation, or territory; or aiding, assisting, or conspiring
 1158  with any other person engaged in any such misconduct and in
 1159  furtherance thereof.
 1160         (j)Being convicted of, or entering a plea of guilty or
 1161  nolo contendere to, regardless of adjudication, any felony or
 1162  any crime involving fraud, dishonesty, breach of trust, money
 1163  laundering, or act of moral turpitude.
 1164         (k)Having a final judgment entered against the licensee in
 1165  a civil action upon grounds of fraud, embezzlement,
 1166  misrepresentation, or deceit.
 1167         (l)Having been the subject of any:
 1168         1.Decision, finding, injunction, suspension, prohibition,
 1169  revocation, denial, judgment, or administrative order by any
 1170  court, administrative law judge, state or federal agency,
 1171  national securities exchange, national commodities exchange,
 1172  national option exchange, national securities association,
 1173  national commodities association, or national option association
 1174  involving a violation of any federal or state securities or
 1175  commodities law or rule or regulation adopted under such law or
 1176  involving a violation of any rule or regulation of any national
 1177  securities, commodities, or options exchange or association.
 1178         2.Injunction or adverse administrative order by a state or
 1179  federal agency regulating banking, insurance, finance or small
 1180  loan companies, real estate, mortgage brokers or lenders, money
 1181  transmitters, or other related or similar industries.
 1182         (m)In any mortgage transaction, violating any provision of
 1183  the federal Real Estate Settlement Procedure Act, as amended, 12
 1184  U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
 1185  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
 1186  under such acts.
 1187         (n)Having a loan originator, mortgage broker, or mortgage
 1188  lender license, or the equivalent of such license, revoked in
 1189  any jurisdiction.
 1190         (o)Having a license, or the equivalent of such license, to
 1191  practice any profession or occupation revoked, suspended, or
 1192  otherwise acted against, including the denial of licensure by a
 1193  licensing authority of this state or another state, territory,
 1194  or country.
 1195         (p)Acting as a loan originator, mortgage broker, or
 1196  mortgage lender without a current license issued under part II
 1197  or part III of this chapter.
 1198         (q)Operating a mortgage broker or mortgage lender branch
 1199  office without a current license issued under part II or part
 1200  III of this chapter.
 1201         (r)Conducting any mortgage brokering or mortgage lending
 1202  activities in the absence of a properly designated principal
 1203  loan originator or mortgage brokering or mortgage lending
 1204  activities at any particular branch office without a properly
 1205  designated branch manager.
 1206         (s)A material misstatement or omission of fact on an
 1207  initial or renewal license application.
 1208         (t)Payment to the office for a license or permit with a
 1209  check or electronic transmission of funds which is dishonored by
 1210  the applicant’s or licensee’s financial institution.
 1211         (u)Failure to comply with, or violations of, any provision
 1212  of ss. 494.001-494.0077, or any rule or order made or issued
 1213  under ss. 494.001-494.0077.
 1214         (v)Failure to maintain, preserve, and keep available for
 1215  examination all books, accounts, or other documents required by
 1216  ss. 494.001-494.0077 and the rules of the commission.
 1217         (w)Refusal to permit an investigation or examination of
 1218  books and records, or refusal to comply with an office subpoena
 1219  or subpoena duces tecum.
 1220         (x)Failure to timely pay any fee, charge, or fine imposed
 1221  or assessed pursuant to ss. 494.001-494.0077 or related rules.
 1222         (2)If the office finds a person in violation of any act
 1223  specified in this section, it may enter an order imposing one or
 1224  more of the following penalties:
 1225         (a)Issuance of a reprimand.
 1226         (b)Suspension of a license, subject to reinstatement upon
 1227  satisfying all reasonable conditions imposed by the office.
 1228         (c)Revocation of a license.
 1229         (d)Denial of a license.
 1230         (e)Imposition of a fine in an amount up to $25,000 for
 1231  each count or separate offense.
 1232         (f)An administrative fine of up to $1,000 per day, but not
 1233  to exceed $25,000 cumulatively, for each day that
 1234         1.A mortgage broker or mortgage lender conducts business
 1235  at an unlicensed branch office.
 1236         2.An unlicensed person acts as a loan originator, a
 1237  mortgage broker, or a mortgage lender.
 1238         (3)A mortgage broker or mortgage lender, as applicable, is
 1239  subject to the disciplinary actions specified in subsection (2)
 1240  for a violation of subsection (1) by:
 1241         (a)A control person of the mortgage broker or mortgage
 1242  lender; or
 1243         (b)A loan originator employed by or contracting with the
 1244  mortgage broker or mortgage lender.
 1245         (4)A principal loan originator of a mortgage broker is
 1246  subject to the disciplinary actions specified in subsection (2)
 1247  for violations of subsection (1) by a loan originator in the
 1248  course of an association with the mortgage broker if there is a
 1249  pattern of repeated violations by the loan originator or if the
 1250  principal loan originator has knowledge of the violations.
 1251         (5)A principal loan originator of a mortgage lender is
 1252  subject to the disciplinary actions specified in subsection (2)
 1253  for violations of subsection (1) by an associate of a mortgage
 1254  lender if there is a pattern of repeated violations by the
 1255  associate or if the principal loan originator has knowledge of
 1256  the violations.
 1257         (6)A branch manager is subject to the disciplinary actions
 1258  specified in subsection (2) for violations of subsection (1) by
 1259  a loan originator in the course of an association with the
 1260  mortgage broker or mortgage lender if there is a pattern of
 1261  repeated violations by the loan originator or if the branch
 1262  manager has knowledge of the violations.
 1263         (7)An individual who is associated with a mortgage broker
 1264  is subject to the disciplinary actions specified in subsection
 1265  (2) for a violation of subsection (1) with respect to an action
 1266  in which such person was involved.
 1267         (8)Pursuant to s. 120.60(6), the office may summarily
 1268  suspend the license of a loan originator, mortgage broker, or
 1269  mortgage lender if the office has reason to believe that a
 1270  licensee poses an immediate, serious danger to the public’s
 1271  health, safety, or welfare. The arrest of the licensee, or the
 1272  mortgage broker or the mortgage lender’s control person, for any
 1273  felony or any crime involving fraud, dishonesty, breach of
 1274  trust, money laundering, or any other act of moral turpitude is
 1275  deemed sufficient to constitute an immediate danger to the
 1276  public’s health, safety, or welfare. Any proceeding for the
 1277  summary suspension of a license must be conducted by the
 1278  commissioner of the office, or designee, who shall issue the
 1279  final summary order.
 1280         (9)The office may deny any request to terminate or
 1281  withdraw any license application or license if the office
 1282  believes that an act that would be a ground for license denial,
 1283  suspension, restriction, or revocation under this chapter has
 1284  been committed.
 1285         Section 16. Effective July 1, 2009, section 494.0026,
 1286  Florida Statutes, is amended to read:
 1287         494.0026 Disposition of insurance proceeds.—The following
 1288  provisions apply to mortgage loans held by a mortgagee or
 1289  assignee that is subject to part II or part III of this chapter
 1290  ss. 494.003-494.0077.
 1291         (1) The mortgagee or assignee must promptly endorse a
 1292  check, draft, or other negotiable instrument payable jointly to
 1293  the mortgagee or assignee and the insured by the insurance
 1294  company. However, the mortgagee or assignee is not required to
 1295  endorse such instrument if the insured or a payee who is not
 1296  subject to part II or part III of this chapter ss. 494.003
 1297  494.0077 refuses to endorse the instrument.
 1298         (2) Insurance proceeds received by a mortgagee or assignee
 1299  that relate to compensation for damage to property or contents
 1300  insurance coverage in which the mortgagee or assignee has a
 1301  security interest must be promptly deposited by the mortgagee or
 1302  assignee into a segregated account of a federally insured
 1303  financial institution.
 1304         (3) Insurance proceeds received by a mortgagee or assignee
 1305  that relate to contents insurance coverage in which the
 1306  mortgagee or assignee does not have a security interest in the
 1307  contents must be promptly distributed to the insured by the
 1308  mortgagee or assignee.
 1309         (4) Insurance proceeds received by a mortgagee or assignee
 1310  that relate to additional living expenses must be promptly
 1311  distributed to the insured by the mortgagee or assignee.
 1312         (5) The mortgagee or assignee is not required to remit the
 1313  portion of the proceeds relating to additional living expenses
 1314  and contents insurance if the mortgagee or assignee is not able
 1315  to determine which part of the proceeds relates to additional
 1316  living expenses and contents insurance.
 1317  
 1318  Nothing in This section may not shall be construed to prevent an
 1319  insurance company from paying the insured directly for
 1320  additional living expenses or paying the insured directly for
 1321  contents insurance coverage if the mortgagee or assignee does
 1322  not have a security interest in the contents.
 1323         Section 17. Section 494.0028, Florida Statutes, is amended
 1324  to read:
 1325         494.0028 Arbitration.—
 1326         (1) This section applies to any mortgage broker brokerage
 1327  agreement, servicing agreement, loan application, or purchase
 1328  agreement that which provides for arbitration between:
 1329         (a) A noninstitutional investor and a mortgage lender
 1330  servicing or correspondent mortgage lender to service a mortgage
 1331  loan.
 1332         (b) A borrower and a mortgage broker brokerage business,
 1333  mortgage lender, or correspondent mortgage lender to obtain a
 1334  mortgage loan.
 1335         (c) A noninstitutional investor and a mortgage broker
 1336  brokerage business, mortgage lender, or correspondent mortgage
 1337  lender to fund or purchase a mortgage loan.
 1338         (2) All agreements subject to this section must shall
 1339  provide that, at the voluntary election of the noninstitutional
 1340  investor or borrower, disputes shall be handled by either a
 1341  court of competent jurisdiction or by binding arbitration.
 1342         (3) All agreements subject to this section must shall
 1343  provide the noninstitutional investor or borrower with the
 1344  option to elect arbitration before the American Arbitration
 1345  Association or other independent nonindustry arbitration forum.
 1346  Any other nonindustry arbitration forum may apply to the office
 1347  to allow such forum to provide arbitration services. The office
 1348  shall grant the application if the applicant’s fees, practices,
 1349  and procedures do not materially differ from those of the
 1350  American Arbitration Association.
 1351         (4) At the election of the noninstitutional investor or
 1352  borrower, venue shall be in the county in which the
 1353  noninstitutional investor or borrower entered into the agreement
 1354  or at a business location of the mortgage broker or brokerage
 1355  business, mortgage lender, or correspondent lender.
 1356         (5) Any fees or charges must be in accordance with shall be
 1357  made as provided in the rules of the American Arbitration
 1358  Association or other approved nonindustry arbitration forum and
 1359  may shall not be set in the agreement.
 1360         (6) Any election made under this section is shall be
 1361  irrevocable.
 1362         (7) This section does shall not be construed to require an
 1363  agreement that which is subject to this section to contain an
 1364  arbitration clause.
 1365         Section 18. Sections 494.0029 and 494.00295, Florida
 1366  Statutes, are repealed.
 1367         Section 19. Effective January 1, 2010, section 494.00296,
 1368  Florida Statutes, is created to read:
 1369         494.00296Loan modification.—
 1370         (1)PROHIBITED ACTS.—When offering or providing loan
 1371  modification services, a mortgage broker, mortgage brokerage
 1372  business, mortgage lender, or correspondent mortgage lender
 1373  licensed, or required to be licensed, under ss. 494.001-494.0077
 1374  may not:
 1375         (a)Engage in or initiate loan modification services
 1376  without first executing a written agreement for loan
 1377  modification services with the borrower;
 1378         (b)Execute a loan modification without the consent of the
 1379  borrower after the borrower is made aware of each modified term;
 1380  or
 1381         (c)Solicit, charge, receive, or attempt to collect or
 1382  secure payment, directly or indirectly, for loan modification
 1383  services before completing or performing all services included
 1384  in the agreement for loan modification services. A fee may be
 1385  charged only if the loan modification results in a material
 1386  benefit to the borrower. The commission may adopt rules to
 1387  provide guidance on what constitutes a material benefit to the
 1388  borrower.
 1389         (2)LOAN MODIFICATION AGREEMENT.—
 1390         (a)The written agreement for loan modification services
 1391  must be printed in at least 12-point uppercase type and signed
 1392  by both parties. The agreement must include the name and address
 1393  of the person providing loan modification services, the exact
 1394  nature and specific detail of each service to be provided, the
 1395  total amount and terms of charges to be paid by the borrower for
 1396  the services, and the date of the agreement. The date of the
 1397  agreement may not be earlier than the date the borrower signed
 1398  the agreement. The mortgage brokerage business, mortgage lender,
 1399  or correspondent mortgage lender must give the borrower a copy
 1400  of the agreement to review at least 1 business day before the
 1401  borrower is to sign the agreement.
 1402         (b) The borrower has the right to cancel the written
 1403  agreement without any penalty or obligation if the borrower
 1404  cancels the agreement within 3 business days after signing the
 1405  agreement. The right to cancel may not be waived by the borrower
 1406  or limited in any manner by the mortgage broker, mortgage
 1407  brokerage business, mortgage lender, or correspondent mortgage
 1408  lender. If the borrower cancels the agreement, any payments made
 1409  must be returned to the borrower within 10 business days after
 1410  receipt of the notice of cancellation.
 1411         (c)An agreement for loan modification services must
 1412  contain, immediately above the signature line, a statement in at
 1413  least 12-point uppercase type which substantially complies with
 1414  the following:
 1415                  BORROWER’S RIGHT OF CANCELLATION                 
 1416  
 1417         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
 1418  SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS
 1419  DAYS AFER THE DATE THIS AGREEMENT IS SIGNED BY YOU.
 1420         THE MORTGAGE BROKER, MORTGAGE BROKERAGE BUSINESS, MORTGAGE
 1421  LENDER, OR CORRESPONDENT MORTGAGE LENDER IS PROHIBITED BY LAW
 1422  FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT
 1423  FROM YOU UNTIL ALL PROMISED SERVICES HAVE BEEN COMPLETED. IF FOR
 1424  ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION,
 1425  YOUR PAYMENT MUST BE RETURNED TO YOU WITHIN 10 BUSINESS DAYS
 1426  AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.
 1427         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1428  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1429  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
 1430  LATER THAN MIDNIGHT OF ...(DATE)....
 1431         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR MORTAGE
 1432  LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR
 1433  LENDER OR SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR
 1434  A RESTRUCTURING WITH YOU FREE OF CHARGE.
 1435  
 1436         (d)The inclusion of the statement does not prohibit a
 1437  mortgage broker, mortgage brokerage business, mortgage lender,
 1438  or correspondent mortgage lender from giving the homeowner more
 1439  time to cancel the agreement than is set forth in the statement
 1440  if all other requirements of this subsection are met.
 1441         (e)The person offering or providing the loan modification
 1442  services must give the borrower a copy of the signed agreement
 1443  within 3 hours after the borrower signs the agreement.
 1444         (3)REMEDIES.—
 1445         (a)Without regard to any other remedy or relief to which a
 1446  person is entitled, anyone aggrieved by a violation of this
 1447  section may bring an action to obtain a declaratory judgment
 1448  that an act or practice violates this section and to enjoin a
 1449  person who has violated, is violating, or is otherwise likely to
 1450  violate this section.
 1451         (b)In any action brought by a person who has suffered a
 1452  loss as a result of a violation of this section, such person may
 1453  recover actual damages, plus attorney’s fees and court costs, as
 1454  follows:
 1455         1.In any action brought under this section, upon motion of
 1456  the party against whom such action is filed alleging that the
 1457  action is frivolous, without legal or factual merit, or brought
 1458  for the purpose of harassment, the court may, after hearing
 1459  evidence as to the necessity therefore, require the party
 1460  instituting the action to post a bond in the amount that the
 1461  court finds reasonable to indemnify the defendant for any
 1462  damages incurred, including reasonable attorney’s fees.
 1463         2.In any civil litigation resulting from an act or
 1464  practice involving a violation of this section, the prevailing
 1465  party, after judgment in the trial court and exhaustion of all
 1466  appeals, if any, may receive reasonable attorney’s fees and
 1467  costs from the nonprevailing party.
 1468         3.The attorney for the prevailing party shall submit a
 1469  sworn affidavit of time spent on the case and costs incurred for
 1470  all the motions, hearings, and appeals to the trial judge who
 1471  presided over the civil case.
 1472         4.The trial judge may award the prevailing party the sum
 1473  of reasonable costs incurred in the action plus a reasonable
 1474  legal fee for the hours actually spent on the case as sworn to
 1475  in an affidavit.
 1476         5.Any award of attorney’s fees or costs becomes part of
 1477  the judgment and is subject to execution as the law allows.
 1478         (c)The provisions of this subsection do not apply to any
 1479  action initiated by the enforcing authority.
 1480         (4) DEFINITIONS.—As used in this section, the term:
 1481         (a) “Borrower” means a person who is obligated to repay a
 1482  mortgage loan and includes, but is not limited to, a coborrower,
 1483  cosignor, or guarantor.
 1484         (b) “Loan modification” means a modification to an existing
 1485  loan. The term does not include a refinancing transaction.
 1486         Section 20. Subsections (1), (2), and (4) of section
 1487  494.00296, Florida Statutes, as created by this act, are amended
 1488  to read:
 1489         494.00296 Loan modification.—
 1490         (1) PROHIBITED ACTS.—When offering or providing loan
 1491  modification services, a loan originator, mortgage broker,
 1492  mortgage brokerage business, mortgage lender, or correspondent
 1493  mortgage lender licensed or required to be licensed under ss.
 1494  494.001-494.0077 may not:
 1495         (a) Engage in or initiate loan modification services
 1496  without first executing a written agreement for loan
 1497  modification services with the borrower;
 1498         (b) Execute a loan modification without the consent of the
 1499  borrower after the borrower is made aware of each modified term;
 1500  or
 1501         (c) Solicit, charge, receive, or attempt to collect or
 1502  secure payment, directly or indirectly, for loan modification
 1503  services before completing or performing all services included
 1504  in the agreement for loan modification services. A fee may be
 1505  charged only if the loan modification results in a material
 1506  benefit to the borrower. The commission may adopt rules to
 1507  provide guidance on what constitutes a material benefit to the
 1508  borrower
 1509         (2) LOAN MODIFICATION AGREEMENT.—
 1510         (a) The written agreement for loan modification services
 1511  must be printed in at least 12-point uppercase type and signed
 1512  by both parties. The agreement must include the name and address
 1513  of the person providing loan modification services, the exact
 1514  nature and specific detail of each service to be provided, the
 1515  total amount and terms of charges to be paid by the borrower for
 1516  the services, and the date of the agreement. The date of the
 1517  agreement may not be earlier than the date the borrower signed
 1518  the agreement. The mortgage broker or brokerage business,
 1519  mortgage lender, or correspondent mortgage lender must give the
 1520  borrower a copy of the agreement to review at least 1 business
 1521  day before the borrower is to sign the agreement.
 1522         (b) The borrower has the right to cancel the written
 1523  agreement without any penalty or obligation if the borrower
 1524  cancels the agreement within 3 business days after signing the
 1525  agreement. The right to cancel may not be waived by the borrower
 1526  or limited in any manner by the loan originator, mortgage
 1527  broker, mortgage brokerage business, mortgage lender, or
 1528  correspondent mortgage lender. If the borrower cancels the
 1529  agreement, any payments made must be returned to the borrower
 1530  within 10 business days after receipt of the notice of
 1531  cancellation.
 1532         (c) An agreement for loan modification services must
 1533  contain, immediately above the signature line, a statement in at
 1534  least 12-point uppercase type which substantially complies with
 1535  the following:
 1536                  BORROWER’S RIGHT OF CANCELLATION                 
 1537  
 1538         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
 1539  SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS
 1540  DAYS AFTER THE DATE THIS AGREEMENT IS SIGNED BY YOU.
 1541         THE LOAN ORIGINATOR, MORTGAGE BROKER, MORTGAGE BROKERAGE
 1542  BUSINESS, MORTGAGE LENDER, OR CORRESPONDENT MORTGAGE LENDER IS
 1543  PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER
 1544  FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES HAVE BEEN
 1545  COMPLETED. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE
 1546  CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU WITHIN 10
 1547  BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION
 1548  NOTICE.
 1549         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1550  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1551  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
 1552  LATER THAN MIDNIGHT OF ...(DATE)....
 1553         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR MORTGAGE
 1554  LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR
 1555  LENDER OR SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR
 1556  A RESTRUCTURING WITH YOU FREE OF CHARGE.
 1557  
 1558         (d) The inclusion of the statement does not prohibit a loan
 1559  originator, mortgage broker, mortgage brokerage business,
 1560  mortgage lender, or correspondent mortgage lender from giving
 1561  the homeowner more time to cancel the agreement than is set
 1562  forth in the statement if all other requirements of this
 1563  subsection are met.
 1564         (e) The person offering or providing the loan modification
 1565  services must give the borrower a copy of the signed agreement
 1566  within 3 hours after the borrower signs the agreement.
 1567         (4) DEFINITIONS.—As used in this section, the term:
 1568         (a) “Borrower” means a person obligated to repay a mortgage
 1569  loan and includes, but is not limited to, a coborrower,
 1570  cosignor, or guarantor.
 1571         (b) “Loan modification” means a modification to an existing
 1572  loan. The term does not include a refinancing transaction.
 1573         Section 21. The Division of Statutory Revision is requested
 1574  to rename part II of chapter 494, Florida Statutes, consisting
 1575  of ss. 494.00312-491.0043, Florida Statutes, as “Loan
 1576  Originators and Mortgage Brokers.”
 1577         Section 22. Effective January 1, 2010, section 494.003,
 1578  Florida Statutes, is repealed.
 1579         Section 23. Section 494.0031, Florida Statutes, is
 1580  repealed.
 1581         Section 24. Section 494.00312, Florida Statutes, is created
 1582  to read:
 1583         494.00312Loan originator license.—
 1584         (1)An individual who acts as a loan originator must be
 1585  licensed under this section.
 1586         (2)In order to apply for loan originator license, an
 1587  applicant must:
 1588         (a)Be at least 18 years of age and have a high school
 1589  diploma or its equivalent.
 1590         (b)Complete a 20-hour prelicensing class approved by the
 1591  registry.
 1592         (c)Pass a written test developed by the registry and
 1593  administered by a provider approved by the registry.
 1594         (d)Submit a completed license application form as
 1595  prescribed by commission rule.
 1596         (e)Submit a nonrefundable application fee of $195, and the
 1597  $20 nonrefundable fee if required by s. 494.00172. Application
 1598  fees may not be prorated for partial years of licensure.
 1599         (f)Submit fingerprints in accordance with rules adopted by
 1600  the commission:
 1601         1.The fingerprints may be submitted to the registry, the
 1602  office, or a vendor acting on behalf of the registry or the
 1603  office.
 1604         2.The office may contract with a third-party vendor to
 1605  provide live-scan fingerprinting in lieu of a paper fingerprint
 1606  card.
 1607         3.A state criminal history background check must be
 1608  conducted through the Department of Law Enforcement and a
 1609  federal criminal history background check must be conducted
 1610  through the Federal Bureau of Investigation.
 1611         4.All fingerprints submitted to the Department of Law
 1612  Enforcement must be submitted electronically and entered into
 1613  the statewide automated fingerprint identification system
 1614  established in s. 943.05(2)(b) and available for use in
 1615  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1616  annual fee to the department to participate in the system and
 1617  inform the department of any person whose fingerprints are no
 1618  longer required to be retained.
 1619         5.The costs of fingerprint processing, including the cost
 1620  of retaining the fingerprints, shall be borne by the person
 1621  subject to the background check.
 1622         6.The office is responsible for reviewing the results of
 1623  the state and federal criminal history checks and determining
 1624  whether the applicant meets licensure requirements.
 1625         (g)Authorize the registry to obtain an independent credit
 1626  report on the applicant from a consumer reporting agency, and
 1627  transmit or provide access to the report to the office. The cost
 1628  of the credit report shall be borne by the applicant.
 1629         (h)Submit additional information or documentation
 1630  requested by the office and required by rule concerning the
 1631  applicant. Additional information may include documentation of
 1632  pending and prior disciplinary and criminal history events,
 1633  including arrest reports and certified copies of charging
 1634  documents, plea agreements, judgments and sentencing documents,
 1635  documents relating to pretrial intervention, orders terminating
 1636  probation or supervised release, final administrative agency
 1637  orders, or other comparable documents that may provide the
 1638  office with the appropriate information to determine eligibility
 1639  for licensure.
 1640         (i)Submit any other information required by the registry
 1641  for the processing of the application.
 1642         (3)An application is considered received for the purposes
 1643  of s. 120.60 upon the office’s receipt of all documentation from
 1644  the registry, including the completed application form,
 1645  documentation of completion of the prelicensure class, test
 1646  results, criminal history information, and independent credit
 1647  report, as well as the license application fee, the fee required
 1648  by s. 494.00172, and all applicable fingerprinting processing
 1649  fees.
 1650         (4)The office shall issue a loan originator license to
 1651  each person who is not otherwise ineligible and who meets the
 1652  requirements of this section. However, it is a ground for denial
 1653  of licensure if the applicant:
 1654         (a)Has committed any violation specified in ss. 494.001
 1655  494.0077, or is the subject of a pending felony criminal
 1656  prosecution or a prosecution or an administrative enforcement
 1657  action, in any jurisdiction, which involves fraud, dishonesty,
 1658  breach of trust, money laundering, or any other act of moral
 1659  turpitude.
 1660         (b)Has failed to demonstrate the character, general
 1661  fitness, and financial responsibility necessary to command the
 1662  confidence of the community and warrant a determination that the
 1663  applicant will operate honestly, fairly, and efficiently. 
 1664         1. If the office has information that could form the basis
 1665  for license denial under this paragraph, before denying the
 1666  license, the office must notify the applicant in writing of the
 1667  specific items of concern and provide the applicant with an
 1668  opportunity to explain the circumstances surrounding the
 1669  specific items and provide any information that the applicant
 1670  believes is relevant to the office’s determination.
 1671         2. For purposes of evaluating adverse information found in
 1672  an applicant’s credit report, the information must be considered
 1673  within the totality of the circumstances. Information provided
 1674  by the applicant under subparagraph 1., or information obtained
 1675  by the office by other means, may be used to provide a context
 1676  for the adverse items. For example, the adverse items may have
 1677  resulted from factors that do not necessarily reflect negatively
 1678  upon the applicant’s character, general fitness, or financial
 1679  responsibility. 
 1680         3. The office may not use a credit score or the absence or
 1681  insufficiency of credit history information to determine
 1682  character, general fitness, or financial responsibility.
 1683         4. If information contained in a credit report is used as
 1684  the basis for denying a license, the office shall, in accordance
 1685  with s. 120.60(3), provide with particularity the grounds or
 1686  basis for denial. The use of the terms “poor credit history,”
 1687  “poor credit rating,” or similar language do not meet the
 1688  requirements of this paragraph.
 1689         (5)The office may not issue a license to an applicant who
 1690  has had a loan originator license or its equivalent revoked in
 1691  any jurisdiction.
 1692         (6)A loan originator license shall be annulled pursuant to
 1693  s. 120.60 if it was issued by the office by mistake. A license
 1694  must be reinstated if the applicant demonstrates that the
 1695  requirements for obtaining the license under this chapter have
 1696  been satisfied.
 1697         (7)All loan originator licenses must be renewed annually
 1698  by December 31 pursuant to s. 494.00313. If a person holding an
 1699  active loan originator license has not applied to renew the
 1700  license on or before December 31, the loan originator license
 1701  expires on December 31. If a person holding an active loan
 1702  originator license has applied to renew the license on or before
 1703  December 31, the loan originator license remains active until
 1704  the renewal application is approved or denied. A loan originator
 1705  is not precluded from reapplying for licensure upon expiration
 1706  of a previous license.
 1707         Section 25. Section 494.00313, Florida Statutes, is created
 1708  to read:
 1709         494.00313Loan originator license renewal.—
 1710         (1)In order to renew a loan originator license, a loan
 1711  originator must:
 1712         (a)Submit a completed license renewal form as prescribed
 1713  by commission rule.
 1714         (b)Submit a nonrefundable renewal fee of $150, the $20
 1715  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1716  fees to cover the cost of further fingerprint processing and
 1717  retention as set forth in commission rule.
 1718         (c)Provide documentation of completion of at least 8 hours
 1719  of continuing education in courses reviewed and approved by the
 1720  registry.
 1721         (d)Authorize the registry to obtain an independent credit
 1722  report on the licensee from a consumer reporting agency, and
 1723  transmit or provide access to the report to the office. The cost
 1724  of the credit report shall be borne by the licensee.
 1725         (e)Submit any additional information or documentation
 1726  requested by the office and required by rule concerning the
 1727  licensee. Additional information may include documentation of
 1728  pending and prior disciplinary and criminal history events,
 1729  including arrest reports and certified copies of charging
 1730  documents, plea agreements, judgments and sentencing documents,
 1731  documents relating to pretrial intervention, orders terminating
 1732  probation or supervised release, final administrative agency
 1733  orders, or other comparable documents that may provide the
 1734  office with the appropriate information to determine eligibility
 1735  for renewal of licensure.
 1736         (2)The office may not renew a loan originator license
 1737  unless the loan originator continues to meet the minimum
 1738  requirements for initial licensure pursuant to s. 494.00312 and
 1739  adopted rule.
 1740         Section 26. Section 494.0032, Florida Statutes, is
 1741  repealed.
 1742         Section 27. Section 494.00321, Florida Statutes, is created
 1743  to read:
 1744         494.00321Mortgage broker license.—
 1745         (1)Each person who acts as a mortgage broker must be
 1746  licensed in accordance with this section.
 1747         (2)In order to apply for a mortgage broker license an
 1748  applicant must:
 1749         (a)Submit a completed license application form as
 1750  prescribed by commission rule.
 1751         (b)Designate a qualified principal loan originator on the
 1752  application form who meets the requirements of s. 494.0035.
 1753         (c)Submit a nonrefundable application fee of $425, and the
 1754  $100 nonrefundable fee if required by s. 494.00172. Application
 1755  fees may not be prorated for partial years of licensure.
 1756         (d)Submit fingerprints for each of the applicant’s control
 1757  persons in accordance with rules adopted by the commission:
 1758         1.The fingerprints may be submitted to the registry, the
 1759  office, or a vendor acting on behalf of the registry or the
 1760  office.
 1761         2.The office may contract with a third-party vendor to
 1762  provide live-scan fingerprinting in lieu of a paper fingerprint
 1763  card.
 1764         3.A state criminal history background check must be
 1765  conducted through the Department of Law Enforcement and a
 1766  federal criminal history background check must be conducted
 1767  through the Federal Bureau of Investigation.
 1768         4.All fingerprints submitted to the Department of Law
 1769  Enforcement must be submitted electronically and entered into
 1770  the statewide automated fingerprint identification system
 1771  established in s. 943.05(2)(b) and available for use in
 1772  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 1773  annual fee to the department to participate in the system and
 1774  inform the department of any person whose fingerprints are no
 1775  longer required to be retained.
 1776         5.The costs of fingerprint processing, including the cost
 1777  of retaining the fingerprints, shall be borne by the person
 1778  subject to the background check.
 1779         6.The office is responsible for reviewing the results of
 1780  the state and federal criminal history checks and determining
 1781  whether the applicant meets licensure requirements.
 1782         (e)Authorize the registry to obtain an independent credit
 1783  report on each of the applicant’s control persons from a
 1784  consumer reporting agency, and transmit or provide access to the
 1785  report to the office. The cost of the credit report shall be
 1786  borne by the applicant.
 1787         (f)Submit additional information or documentation
 1788  requested by the office and required by rule concerning the
 1789  applicant or a control person of the applicant. Additional
 1790  information may include documentation of pending and prior
 1791  disciplinary and criminal history events, including arrest
 1792  reports and certified copies of charging documents, plea
 1793  agreements, judgments and sentencing documents, documents
 1794  relating to pretrial intervention, orders terminating probation
 1795  or supervised release, final administrative agency orders, or
 1796  other comparable documents that may provide the office with the
 1797  appropriate information to determine eligibility for licensure.
 1798         (g)Submit any other information required by the registry
 1799  for the processing of the application.
 1800         (3)An application is considered received for the purposes
 1801  of s. 120.60 upon the office’s receipt of all documentation from
 1802  the registry, including the completed application form, criminal
 1803  history information, and independent credit report, as well as
 1804  the license application fee, the fee required by s. 492.00172,
 1805  and all applicable fingerprinting processing fees.
 1806         (4)The office shall issue a mortgage broker license to
 1807  each person who is not otherwise ineligible and who meets the
 1808  requirements of this section. However, it is a ground for denial
 1809  of licensure if the applicant or one of the applicant’s control
 1810  persons:
 1811         (a)Has committed any violation specified in ss. 494.001
 1812  494.0077, or is the subject of a pending felony criminal
 1813  prosecution or a prosecution or an administrative enforcement
 1814  action, in any jurisdiction, which involves fraud, dishonesty,
 1815  breach of trust, money laundering, or any other act of moral
 1816  turpitude.
 1817         (b)Has failed to demonstrate the character, general
 1818  fitness, and financial responsibility necessary to command the
 1819  confidence of the community and warrant a determination that the
 1820  applicant will operate honestly, fairly, and efficiently. 
 1821         1. If the office has information that could form the basis
 1822  for license denial under this paragraph, before denying the
 1823  license, the office must notify the applicant in writing of the
 1824  specific items of concern and provide the applicant with an
 1825  opportunity to explain the circumstances surrounding the
 1826  specific items and provide any information that the applicant
 1827  believes is relevant to the office’s determination.
 1828         2. For purposes of evaluating adverse information found in
 1829  an applicant’s credit report, the information must be considered
 1830  within the totality of the circumstances. Information provided
 1831  by the applicant under subparagraph 1., or information obtained
 1832  by the office by other means, may be used to provide a context
 1833  for the adverse items. For example, the adverse items may have
 1834  resulted from factors that do not necessarily reflect negatively
 1835  upon the applicant’s character, general fitness, or financial
 1836  responsibility. 
 1837         3. The office may not use a credit score or the absence or
 1838  insufficiency of credit history information to determine
 1839  character, general fitness, or financial responsibility.
 1840         4. If information contained in a credit report is used as
 1841  the basis for denying a license, the office shall, in accordance
 1842  with s. 120.60(3), provide with particularity the grounds or
 1843  basis for denial. The use of the terms “poor credit history,”
 1844  “poor credit rating,” or similar language do not meet the
 1845  requirements of this paragraph.
 1846         (5)The office shall deny a license if the applicant has
 1847  had a mortgage broker license, or its equivalent, revoked in any
 1848  jurisdiction, or if any of the applicant’s control persons has
 1849  had a loan originator license, or its equivalent, revoked in any
 1850  jurisdiction.
 1851         (6)A mortgage broker license shall be annulled pursuant to
 1852  s. 120.60 if it was issued by the office by mistake. A license
 1853  must be reinstated if the applicant demonstrates that the
 1854  requirements for obtaining the license under this chapter have
 1855  been satisfied.
 1856         (7)All mortgage broker licenses must be renewed annually
 1857  by December 31 pursuant to s. 494.00322. If a person holding an
 1858  active mortgage broker license has not applied to renew the
 1859  license on or before December 31, the mortgage broker license
 1860  expires on December 31. If a person holding an active mortgage
 1861  broker license has applied to renew the license on or before
 1862  December 31, the mortgage broker license remains active until
 1863  the renewal application is approved or denied. A mortgage broker
 1864  is not precluded from reapplying for licensure upon expiration
 1865  of a previous license.
 1866         Section 28. Section 494.00322, Florida Statutes, is created
 1867  to read:
 1868         494.00322Mortgage broker license renewal.—
 1869         (1) In order to renew a mortgage broker license, a mortgage
 1870  broker must:
 1871         (a)Submit a completed license renewal form as prescribed
 1872  by commission rule.
 1873         (b)Submit a nonrefundable renewal fee of $375, the $100
 1874  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1875  fees to cover the cost of further fingerprint processing and
 1876  retention as set forth in commission rule.
 1877         (c)Submit fingerprints in accordance with s.
 1878  494.00321(2)(d) for any new control persons who have not been
 1879  screened.
 1880         (d)Authorize the registry to obtain an independent credit
 1881  report on each of the licensee’s control persons from a consumer
 1882  reporting agency, and transmit or provide access to the report
 1883  to the office. The cost of the credit report shall be borne by
 1884  the licensee.
 1885         (e)Submit any additional information or documentation
 1886  requested by the office and required by rule concerning the
 1887  licensee or a control person of the licensee. Additional
 1888  information may include documentation of pending and prior
 1889  disciplinary and criminal history events, including arrest
 1890  reports and certified copies of charging documents, plea
 1891  agreements, judgments and sentencing documents, documents
 1892  relating to pretrial intervention, orders terminating probation
 1893  or supervised release, final administrative agency orders, or
 1894  other comparable documents that may provide the office with the
 1895  appropriate information to determine eligibility for renewal of
 1896  licensure.
 1897         (2)The office may not renew a mortgage broker license
 1898  unless the licensee continues to meet the minimum requirements
 1899  for initial licensure pursuant to s. 494.00321 and adopted rule.
 1900         Section 29. Section 494.0033, Florida Statutes, is
 1901  repealed.
 1902         Section 30. Section 494.00331, Florida Statutes, is amended
 1903  to read:
 1904         494.00331 Loan originator employment Mortgage broker
 1905  association.—An individual may not act as a loan originator
 1906  unless he or she is an employee of, or an independent contractor
 1907  for, a mortgage broker or a mortgage lender, and may not be
 1908  employed by or contract with more than one mortgage broker or
 1909  mortgage lender, or either simultaneously. No person required to
 1910  be licensed as a mortgage broker under this chapter shall be
 1911  simultaneously an associate of more than one licensed mortgage
 1912  brokerage business, licensed mortgage lender, or licensed
 1913  correspondent mortgage lender.
 1914         Section 31. Section 494.0034, Florida Statutes, is
 1915  repealed.
 1916         Section 32. Section 494.0035, Florida Statutes, is amended
 1917  to read:
 1918         494.0035 Principal loan originator broker and branch
 1919  manager for mortgage broker requirements.—
 1920         (1) Each mortgage broker brokerage business must be
 1921  operated by a principal loan originator who shall have a
 1922  principal broker who shall operate the business under such
 1923  broker’s full charge, control, and supervision of the mortgage
 1924  broker business. The principal loan originator must have been
 1925  licensed as a loan originator broker must have been a licensed
 1926  mortgage broker pursuant to s. 494.0033 for at least 1 year
 1927  before prior to being designated as the a principal loan
 1928  originator broker, or must shall demonstrate to the satisfaction
 1929  of the office that he or she such principal broker has been
 1930  actively engaged in a mortgage broker-related mortgage-related
 1931  business for at least 1 year before prior to being designated as
 1932  a principal loan originator broker. Each mortgage broker must
 1933  keep the office informed of the person designated as the
 1934  principal loan originator as prescribed by commission rule
 1935  brokerage business shall maintain a form as prescribed by the
 1936  commission indicating the business’s designation of principal
 1937  broker and the individual’s acceptance of such responsibility.
 1938  If the designation is inaccurate, the business shall be deemed
 1939  to be operated under form is unavailable, inaccurate, or
 1940  incomplete, it is deemed that the business was operated in the
 1941  full charge, control, and supervision of by each officer,
 1942  director, or ultimate equitable owner of a 10-percent or greater
 1943  interest in the mortgage broker brokerage business, or any other
 1944  person in a similar capacity. A loan originator may not be a
 1945  principal loan originator for more than one mortgage broker at
 1946  any given time.
 1947         (2) Each branch office of a mortgage broker brokerage
 1948  business must be operated by a have a designated branch manager
 1949  broker who shall have operate the business under such broker’s
 1950  full charge, control, and supervision of the branch office. The
 1951  designated branch manager broker must be a licensed loan
 1952  originator mortgage broker pursuant to s. 494.00312 s. 494.0033.
 1953  Each branch office must keep the office informed of the person
 1954  designated as the branch manager as prescribed by commission
 1955  rule, which includes documentation of shall maintain a form as
 1956  prescribed by the commission logging the branch’s designation of
 1957  a branch broker and the individual’s acceptance of such
 1958  responsibility. If the designation is inaccurate, the branch
 1959  office shall be deemed to be operated under form is unavailable,
 1960  inaccurate, or incomplete, it is deemed that the branch was
 1961  operated in the full charge, control, and supervision of by each
 1962  officer, director, or ultimate equitable owner of a 10-percent
 1963  or greater interest in the mortgage broker brokerage business,
 1964  or any other person in a similar capacity.
 1965         Section 33. Section 494.0036, Florida Statutes, is amended
 1966  to read:
 1967         494.0036 Mortgage broker branch office license brokerage
 1968  business branch offices.—
 1969         (1) Each branch office of a mortgage broker must be
 1970  licensed under this section. A mortgage brokerage business
 1971  branch office license is required for each branch office
 1972  maintained by a mortgage brokerage business.
 1973         (2) The office shall issue a mortgage broker brokerage
 1974  business branch office license to a mortgage broker brokerage
 1975  business licensee after the office determines that the licensee
 1976  has submitted a completed application for a branch office in a
 1977  form as prescribed by commission rule and payment of an initial
 1978  nonrefundable branch office license fee of $225 per branch
 1979  office. Application fees may not be prorated for partial years
 1980  of licensure. The branch office license shall be issued in the
 1981  name of the mortgage broker brokerage business that maintains
 1982  the branch office. An application is considered received for
 1983  purposes of s. 120.60 upon receipt of a completed application
 1984  form as prescribed by commission rule, and the required fees a
 1985  nonrefundable application fee of $225, and any other fee
 1986  prescribed by law.
 1987         (3)A branch office license must be renewed annually at the
 1988  time of renewing the mortgage broker license under s. 494.00322.
 1989  A nonrefundable branch renewal fee of $225 per branch office
 1990  must be submitted at the time of renewal.
 1991         Section 34. Section 494.0038, Florida Statutes, is amended
 1992  to read:
 1993         494.0038 Loan origination and mortgage broker fees and
 1994  Mortgage broker disclosures.—
 1995         (1)(a)1. A loan origination fee may not be paid person may
 1996  not receive a mortgage brokerage fee except pursuant to a
 1997  written mortgage broker brokerage agreement between the mortgage
 1998  broker brokerage business and the borrower which is signed and
 1999  dated by the principal loan originator or branch manager, the
 2000  business and the borrower. The unique registry identifier of
 2001  each loan originator responsible for providing loan originator
 2002  services must be printed on the mortgage broker agreement.
 2003         (a)2. The written mortgage broker brokerage agreement must
 2004  describe the services to be provided by the mortgage broker
 2005  brokerage business and specify the amount and terms of the loan
 2006  origination mortgage brokerage fee that the mortgage broker
 2007  brokerage business is to receive.
 2008         1.Except for application and third-party fees, all fees
 2009  received by a mortgage broker from a borrower must be identified
 2010  as a loan origination fee.
 2011         2.All fees on the mortgage broker agreement must be
 2012  disclosed in dollar amounts.
 2013         3.All loan origination fees must be paid to a mortgage
 2014  broker.
 2015         (b) The written mortgage brokerage agreement must be
 2016  executed within 3 business days after a mortgage loan
 2017  application is accepted if the borrower is present when the
 2018  mortgage loan application is accepted. If the borrower is not
 2019  present when such an application is accepted, the licensee shall
 2020  forward the written mortgage brokerage agreement to the borrower
 2021  within 3 business days after the licensee’s acceptance of the
 2022  application and the licensee bears the burden of proving that
 2023  the borrower received and approved the written mortgage
 2024  brokerage agreement.
 2025         (2)(b)1. If the mortgage broker brokerage business is to
 2026  receive any payment of any kind from the mortgage lender, the
 2027  maximum total dollar amount of the payment must be disclosed to
 2028  the borrower in the written mortgage broker brokerage agreement
 2029  as described in paragraph (1)(a). The commission may prescribe
 2030  by rule an acceptable form for disclosure of brokerage fees
 2031  received from the lender. The mortgage brokerage agreement must
 2032  state the nature of the relationship with the lender, describe
 2033  how compensation is paid by the lender, and describe how the
 2034  mortgage interest rate affects the compensation paid to the
 2035  mortgage broker brokerage business.
 2036         (a)2. The exact amount of any payment of any kind by the
 2037  lender to the mortgage broker brokerage business must be
 2038  disclosed in writing to the borrower within 3 business days
 2039  after the mortgage broker brokerage business is made aware of
 2040  the exact amount of the payment from the lender but not less
 2041  than 3 business days before the execution of the closing or
 2042  settlement statement. The licensee bears the burden of proving
 2043  such notification was provided to the borrower. Notification is
 2044  waived if the exact amount of the payment is accurately
 2045  disclosed in the written mortgage broker agreement.
 2046         (b)(c) The commission may prescribe by rule the form of
 2047  disclosure of brokerage fees.
 2048         (3)(2) At the time a written mortgage broker brokerage
 2049  agreement is signed executed by the borrower or forwarded to the
 2050  borrower for signature execution, or at the time the mortgage
 2051  broker brokerage business accepts an application fee, credit
 2052  report fee, property appraisal fee, or any other third-party
 2053  fee, but at least not less than 3 business days before execution
 2054  of the closing or settlement statement, the mortgage broker
 2055  brokerage business shall disclose in writing to any applicant
 2056  for a mortgage loan the following information:
 2057         (a) That the such mortgage broker brokerage business may
 2058  not make mortgage loans or commitments. The mortgage broker
 2059  brokerage business may make a commitment and may furnish a lock
 2060  in of the rate and program on behalf of the lender if when the
 2061  mortgage broker brokerage business has obtained a written
 2062  commitment or lock-in for the loan from the lender on behalf of
 2063  the borrower for the loan. The commitment must be in the same
 2064  form and substance as issued by the lender.
 2065         (b) That the such mortgage broker brokerage business cannot
 2066  guarantee acceptance into any particular loan program or promise
 2067  any specific loan terms or conditions.
 2068         (c) A good faith estimate, signed and dated by the
 2069  borrower, which discloses the total amount of each of the fees
 2070  which the borrower may reasonably expect to pay if the loan is
 2071  closed, including, but not limited to, fees earned by the
 2072  mortgage broker brokerage business, lender fees, third-party
 2073  fees, and official fees, together with the terms and conditions
 2074  for obtaining a refund of such fees, if any. Any amount
 2075  collected in excess of the actual cost shall be returned within
 2076  60 days after rejection, withdrawal, or closing. The good faith
 2077  estimate must identify the recipient of all payments charged the
 2078  borrower and, except for all fees to be received by the mortgage
 2079  broker brokerage business, may be disclosed in generic terms,
 2080  such as, but not limited to, paid to lender, appraiser,
 2081  officials, title company, or any other third-party service
 2082  provider. This requirement does not supplant or is not a
 2083  substitute for the written mortgage broker brokerage agreement
 2084  described in subsection (1).
 2085         (4)(3) The disclosures required by this subsection must be
 2086  furnished in writing at the time an adjustable rate mortgage
 2087  loan is offered to the borrower and whenever the terms of the
 2088  adjustable rate mortgage loan offered materially change prior to
 2089  closing. The mortgage broker shall furnish the disclosures
 2090  relating to adjustable rate mortgages in a format prescribed by
 2091  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2092  of the Federal Reserve System, as amended; its commentary, as
 2093  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2094  1601 et seq., as amended; together with the Consumer Handbook on
 2095  Adjustable Rate Mortgages, as amended; published by the Federal
 2096  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2097  bears the burden of proving such disclosures were provided to
 2098  the borrower.
 2099         (5)(4) If the mortgage broker brokerage agreement includes
 2100  a nonrefundable application fee, the following requirements are
 2101  applicable:
 2102         (a) The amount of the application fee, which must be
 2103  clearly denominated as such, must shall be clearly disclosed.
 2104         (b) The specific services that will be performed in
 2105  consideration for the application fee must shall be disclosed.
 2106         (c) The application fee must be reasonably related to the
 2107  services to be performed and may not be based upon a percentage
 2108  of the principal amount of the loan or the amount financed.
 2109         (6)(5) A mortgage broker brokerage business may not accept
 2110  any fee in connection with a mortgage loan other than an
 2111  application fee, credit report fee, property appraisal fee, or
 2112  other third-party fee before prior to obtaining a written
 2113  commitment from a qualified lender.
 2114         (7)(6) Any third-party fee entrusted to a mortgage broker
 2115  must brokerage business shall immediately, upon receipt, be
 2116  placed into a segregated account with a financial institution
 2117  located in the state the accounts of which are insured by the
 2118  Federal Government. Such funds shall be held in trust for the
 2119  payor and shall be kept in the account until disbursement. Such
 2120  funds may be placed in one account if adequate accounting
 2121  measures are taken to identify the source of the funds.
 2122         (7) All mortgage brokerage fees shall be paid to a mortgage
 2123  brokerage business licensee.
 2124         (8)A mortgage broker may not pay a commission to any
 2125  person not licensed pursuant to this chapter.
 2126         (9)(8) This section does not prohibit a mortgage broker
 2127  brokerage business from offering products and services, in
 2128  addition to those offered in conjunction with the loan
 2129  origination process, for a fee or commission.
 2130         Section 35. Section 494.0039, Florida Statutes, is amended
 2131  to read:
 2132         494.0039 Principal place of business requirements.—Each
 2133  mortgage broker brokerage business licensee shall maintain and
 2134  transact business from a principal place of business.
 2135         Section 36. Section 494.004, Florida Statutes, is amended
 2136  to read:
 2137         494.004 Requirements of licensees.—
 2138         (1) Each licensee under this part ss. 494.003-494.0043
 2139  shall report to the office:,
 2140         (a) In writing, any conviction of, or plea of nolo
 2141  contendere to, regardless of adjudication, any felony or any
 2142  crime or administrative violation that involves fraud,
 2143  dishonesty, breach of trust, money laundering dishonest dealing,
 2144  or any other act of moral turpitude, in any jurisdiction, by the
 2145  licensee or any control natural person within named in s.
 2146  494.0031(2)(d), not later than 30 days after the date of
 2147  conviction, entry of a plea of nolo contendere, or final
 2148  administrative action.
 2149         (b)(2)Each licensee under ss. 494.003-494.0043 shall
 2150  report, In a form prescribed by rule of the commission, any
 2151  conviction of, or plea of nolo contendere to, regardless of
 2152  whether adjudication is withheld, any felony committed by the
 2153  licensee or any control natural person within named in s.
 2154  494.0031(2)(d), not later than 30 days after the date of
 2155  conviction or the date the plea of nolo contendere is entered.
 2156         (c)(3)Each licensee under ss. 494.003-494.0043 shall
 2157  report Any action in bankruptcy, voluntary or involuntary,
 2158  within 30 to the office not later than 7 business days after the
 2159  action is instituted.
 2160         (d)(4)Each licensee under ss. 494.003-494.0043 shall
 2161  report On a form prescribed by rule of the commission, any
 2162  change to the information contained in any initial application
 2163  form or any amendment to the application within not later than
 2164  30 days after the change is effective.
 2165         (5) A license issued under ss. 494.003-494.0043 is not
 2166  transferable or assignable.
 2167         (e)(6)Each licensee under ss. 494.003-494.0043 shall
 2168  report Any change in the principal loan originator broker, any
 2169  addition or subtraction of a control person partners, officers,
 2170  members, joint venturers, directors, control persons of any
 2171  licensee, or any individual who is the ultimate equitable owner
 2172  of a 10-percent or greater interest in the licensee, or any
 2173  change in the form of business organization, by written
 2174  amendment in the form and at the time the commission specifies
 2175  by rule.
 2176         (a) In any case in which a person or a group of persons,
 2177  directly or indirectly or acting by or through one or more
 2178  persons, proposes to purchase or acquire a controlling interest
 2179  in a licensee, such person or group shall submit an initial
 2180  application for licensure as a mortgage brokerage business
 2181  before such purchase or acquisition and at the time and in the
 2182  form the commission prescribes by rule.
 2183         (b) As used in this subsection, the term “controlling
 2184  interest” means possession of the power to direct or cause the
 2185  direction of the management or policies of a company whether
 2186  through ownership of securities, by contract, or otherwise. Any
 2187  person who directly or indirectly has the right to vote 25
 2188  percent or more of the voting securities of a company or is
 2189  entitled to 25 percent or more of the company’s profits is
 2190  presumed to possess a controlling interest.
 2191         (f)(c) Any addition of a partner, officer, member, joint
 2192  venturer, director, control person, or ultimate equitable owner
 2193  of the applicant who does not have a controlling interest and
 2194  who has not previously filed a Uniform Mortgage Biographical
 2195  Statement & Consent Form, MU2, or has not previously complied
 2196  with the fingerprinting and credit report requirements
 2197  provisions of ss. 494.00321 and 494.00322, s. 494.0031(2)(c) and
 2198  (d) is subject to the such provisions of these sections unless
 2199  required to file an initial application in accordance with
 2200  paragraph (a). If, after the addition of a control person, the
 2201  office finds that the licensee does not continue to meet
 2202  licensure requirements, the office may bring an administrative
 2203  action in accordance with s. 494.00255 s. 494.0041 to enforce
 2204  the provisions of this chapter.
 2205         (d) The commission shall adopt rules pursuant to ss.
 2206  120.536(1) and 120.54 providing for the waiver of the
 2207  application required by this subsection if the person or group
 2208  of persons proposing to purchase or acquire a controlling
 2209  interest in a licensee has previously complied with the
 2210  provisions of s. 494.0031(2)(c) and (d) with respect to the same
 2211  legal entity or is currently licensed by the office under this
 2212  chapter.
 2213         (7) On or before April 30, 2000, each mortgage brokerage
 2214  business shall file an initial report stating the name, social
 2215  security number, date of birth, mortgage broker license number,
 2216  date of hire and, if applicable, date of termination for each
 2217  person who was an associate of the mortgage brokerage business
 2218  during the immediate preceding quarter. Thereafter, A mortgage
 2219  brokerage business shall file a quarterly report only if a
 2220  person became an associate or ceased to be an associate of the
 2221  mortgage brokerage business during the immediate preceding
 2222  quarter. Such report shall be filed within 30 days after the
 2223  last day of each calendar quarter and shall contain the name,
 2224  social security number, date of birth, mortgage broker license
 2225  number, date of hire and, if applicable, the date of termination
 2226  of each person who became or ceased to be an associate of the
 2227  mortgage brokerage business during the immediate preceding
 2228  quarter. The commission shall prescribe, by rule, the procedures
 2229  for filing reports required by this subsection.
 2230         (2)(8)(a) In every mortgage loan transaction, each licensee
 2231  under this part must ss. 494.003-494.0043 shall notify a
 2232  borrower of any material changes in the terms of a mortgage loan
 2233  previously offered to the borrower within 3 business days after
 2234  being made aware of such changes by the mortgage lender but at
 2235  least not less than 3 business days before the signing of the
 2236  settlement or closing statement. The licensee bears the burden
 2237  of proving such notification was provided and accepted by the
 2238  borrower.
 2239         (b) A borrower may waive the right to receive notice of a
 2240  material change that is granted under paragraph (a) if the
 2241  borrower determines that the extension of credit is needed to
 2242  meet a bona fide personal financial emergency and the right to
 2243  receive notice would delay the closing of the mortgage loan. The
 2244  imminent sale of the borrower’s home at foreclosure during the
 2245  3-day period before the signing of the settlement or closing
 2246  statement is constitutes an example of a bona fide personal
 2247  financial emergency. In order to waive the borrower’s right to
 2248  receive notice not less than 3 business days before the signing
 2249  of the settlement or closing statement of any such material
 2250  change, the borrower must provide the licensee with a dated
 2251  written statement that describes the personal financial
 2252  emergency, waives the right to receive the notice, bears the
 2253  borrower’s signature, and is not on a printed form prepared by
 2254  the licensee for the purpose of such a waiver.
 2255         (3)Each mortgage broker shall submit to the registry
 2256  reports of condition, which must be in such form and shall
 2257  contain such information as the registry may require.
 2258         (4)A license issued under this part is not transferable or
 2259  assignable.
 2260         Section 37. Section 494.0041, Florida Statutes, is
 2261  repealed.
 2262         Section 38. Section 494.0042, Florida Statutes, is amended
 2263  to read:
 2264         494.0042 Loan origination Brokerage fees.—
 2265         (1) A loan origination mortgage brokerage fee earned by a
 2266  licensee, pursuant to this part ss. 494.003-494.0043, is not
 2267  considered interest or a finance charge under chapter 687.
 2268         (2) A person may not charge or exact, directly or
 2269  indirectly, from the borrower mortgagor a fee or commission in
 2270  excess of the maximum fee or commission specified in this
 2271  section. The maximum fees or commissions that may be charged for
 2272  mortgage loans are as follows:
 2273         (a) On a mortgage loan of $1,000 or less: $250.
 2274         (b) On a mortgage loan exceeding $1,000 and not exceeding
 2275  $2,000: $250 for the first $1,000 of the mortgage loan, plus $10
 2276  for each additional $100 of the mortgage loan.
 2277         (c) On a mortgage loan exceeding $2,000 and not exceeding
 2278  $5,000: $350 for the first $2,000 of the mortgage loan, plus $10
 2279  for each additional $100 of the mortgage loan.
 2280         (d) On a mortgage loan exceeding $5,000: $250 plus 10
 2281  percent of the entire mortgage loan.
 2282  
 2283  For the purpose of determining the maximum fee, the amount of
 2284  the mortgage loan is based on the amount of mortgage loan
 2285  actually funded exclusive of the authorized maximum fees or
 2286  commissions.
 2287         (3) At the time of accepting a mortgage loan application, a
 2288  mortgage broker brokerage business may receive from the borrower
 2289  a nonrefundable application fee. If the mortgage loan is funded,
 2290  the nonrefundable application fee shall be credited against the
 2291  amount owed as a result of the loan being funded. A person may
 2292  not receive any form of compensation for acting as a loan
 2293  originator mortgage broker other than a nonrefundable
 2294  application fee, a fee based on the mortgage amount being
 2295  funded, or a fee which complies with s. 494.00421.
 2296         Section 39. Section 494.00421, Florida Statutes, is amended
 2297  to read:
 2298         494.00421 Fees earned upon obtaining a bona fide
 2299  commitment.—Notwithstanding the provisions of ss. 494.001
 2300  494.0077, any mortgage broker brokerage business which contracts
 2301  to receive from a borrower a loan origination mortgage brokerage
 2302  fee from a borrower upon obtaining a bona fide commitment shall
 2303  accurately disclose in the mortgage broker brokerage agreement:
 2304         (1) The gross loan amount.
 2305         (2) In the case of a fixed-rate mortgage, the note rate.
 2306         (3) In the case of an adjustable rate mortgage:
 2307         (a) The initial note rate.
 2308         (b) The length of time for which the initial note rate is
 2309  effective.
 2310         (c) The frequency of changes.
 2311         (d) The limitation upon such changes including adjustment
 2312  to adjustment cap and life cap.
 2313         (e) Whether the loan has any potential for negative
 2314  amortization.
 2315         (f) Identification of the margin-interest rate
 2316  differential.
 2317         (g) Identification of a nationally recognized index which
 2318  index must be free from control of the mortgage broker, mortgage
 2319  brokerage business, mortgage lender, or correspondent mortgage
 2320  lender.
 2321         (4) The estimated net proceeds to be paid directly to the
 2322  borrower. “Estimated net proceeds” means the cash to be received
 2323  by the borrower after payment of any fees, charges, debts,
 2324  liens, or encumbrances to perfect the lien of the new mortgage
 2325  and establish the agreed-upon priority of the new mortgage.
 2326         (5) The lien priority of the new proposed mortgage.
 2327         (6) The number of calendar days, which are mutually agreed
 2328  upon, within which the mortgage broker brokerage business shall
 2329  obtain a bona fide mortgage commitment.
 2330         (7)(a) The following statement, in at least no less than
 2331  12-point boldface type immediately above the signature lines for
 2332  the borrowers:
 2333  
 2334         “You are entering into a contract with a mortgage broker
 2335  brokerage business to obtain a bona fide mortgage loan
 2336  commitment under the same terms and conditions as stated
 2337  hereinabove or in a separate executed good faith estimate form.
 2338  If the mortgage broker brokerage business obtains a bona fide
 2339  commitment under the same terms and conditions, you will be
 2340  obligated to pay the loan origination mortgage brokerage
 2341  business fees, including, but not limited to, a mortgage
 2342  brokerage fee, even if you choose not to complete the loan
 2343  transaction. If the provisions of s. 494.00421, Florida
 2344  Statutes, are not met, the loan origination mortgage brokerage
 2345  fee can only be earned upon the funding of the mortgage loan.
 2346  The borrower may contact the Department of Financial Services,
 2347  Tallahassee, Florida, regarding any complaints that the borrower
 2348  may have against the loan originator mortgage broker or the
 2349  mortgage brokerage business. The telephone number of the
 2350  department is: ...([insert telephone number])....”
 2351         (b) Paragraph (a) does not apply to nonresidential mortgage
 2352  loan commitments in excess of $1 million.
 2353         (8) Any other disclosure required pursuant to s. 494.0038.
 2354         Section 40. Section 494.0043, Florida Statutes, is amended
 2355  to read:
 2356         494.0043 Requirements for brokering loans to
 2357  noninstitutional investors.—
 2358         (1) A loan originator mortgage broker, when arranging a
 2359  mortgage loan for a noninstitutional investor, shall:
 2360         (a) Before any payment of money by the a noninstitutional
 2361  investor, provide an opinion of value from an appraiser stating
 2362  the value of the security property unless the opinion is waived
 2363  in writing. The opinion must state the value of the property as
 2364  it exists on the date of the opinion. If any relationship exists
 2365  between the loan originator or mortgage broker and the
 2366  appraiser, that relationship shall be disclosed to the investor.
 2367         (b) Provide to the noninstitutional investor a mortgagee’s
 2368  title insurance policy or an opinion of title by an attorney
 2369  licensed to practice law in the state, or a copy thereof.
 2370         1. If a title insurance policy is issued, it must insure
 2371  the noninstitutional investor against the unmarketability of the
 2372  mortgagee’s interest in such title. It must shall also specify
 2373  any superior liens that exist against the property. If an
 2374  opinion of title is issued by an attorney licensed to practice
 2375  law in the state, the opinion must include a statement as to the
 2376  marketability of the title to the property described in the
 2377  mortgage and specify the priority of the mortgage being closed.
 2378         2. If the title insurance policy or opinion of title is not
 2379  available at the time of purchase, the licensee shall provide a
 2380  binder of the title insurance or conditional opinion of title.
 2381  This binder or opinion must include any conditions or
 2382  requirements that need needed to be corrected before prior to
 2383  the issuance of the final title policy or opinion of title. The
 2384  binder or opinion must also include information concerning the
 2385  requirements specified in subparagraph 1. Any conditions must be
 2386  eliminated or waived in writing by the investor before prior to
 2387  delivery to the noninstitutional investor. The policy or
 2388  opinion, or a copy thereof, shall be delivered to the investor
 2389  within a reasonable period of time, not exceeding 6 months,
 2390  after closing.
 2391         3. The requirements of this paragraph may be waived in
 2392  writing. If the requirements are waived by the noninstitutional
 2393  investor, the waiver must include the following statement
 2394  wording: “The noninstitutional investor acknowledges that the
 2395  mortgage broker or mortgage lender brokering this mortgage loan
 2396  is not providing a title insurance policy or opinion of title
 2397  issued by an attorney who is licensed to practice law in the
 2398  State of Florida. Any requirement for title insurance or for a
 2399  legal opinion of title is the sole responsibility of the
 2400  noninstitutional mortgage investor.”
 2401         (c) Provide, if the loan is other than a first mortgage, a
 2402  statement showing the balance owed by the mortgagor on any
 2403  existing mortgages prior to this investment and the status of
 2404  such existing mortgages.
 2405         (d) Provide a disclosure if the licensee is directly or
 2406  indirectly acting as a borrower or principal in the transaction.
 2407         (2) Each original or certified copy of the mortgage, or
 2408  other instrument securing a note or assignment thereof, must
 2409  shall be recorded before being delivered to the noninstitutional
 2410  investor. A mortgage broker shall cause the properly endorsed
 2411  original note to be delivered to the noninstitutional investor.
 2412         (3) Each mortgage and assignment must shall be recorded as
 2413  soon as practical, but no later than 30 business days after the
 2414  date of closing.
 2415         (4) Any money from a noninstitutional investor for
 2416  disbursement at a mortgage loan closing must shall be deposited
 2417  with and disbursed by an attorney duly licensed in this state or
 2418  by a title company duly licensed in this state. A person acting
 2419  as a loan originator mortgage broker may not have control of any
 2420  money from a noninstitutional investor. This subsection does not
 2421  prohibit a licensee under this part ss. 494.003-494.0043 from
 2422  receiving a loan origination mortgage brokerage fee upon the
 2423  closing of the mortgage loan funded by the noninstitutional
 2424  investor.
 2425         Section 41. Effective January 1, 2010, section 494.006,
 2426  Florida Statutes, is repealed.
 2427         Section 42. Section 494.0061, Florida Statutes, is
 2428  repealed.
 2429         Section 43. Section 494.00611, Florida Statutes, is created
 2430  to read:
 2431         494.00611Mortgage lender license.—
 2432         (1)Each person who acts as a mortgage lender must be
 2433  licensed under this section.
 2434         (2)In order to apply for a mortgage lender license an
 2435  applicant must:
 2436         (a)Submit a completed application form as prescribed by
 2437  the commission by rule.
 2438         (b)Designate a qualified principal loan originator who
 2439  meets the requirements of s. 494.0035 on the application form.
 2440         (c)Submit a nonrefundable application fee of $500, and the
 2441  $100 nonrefundable fee if required by s. 494.00172. Application
 2442  fees may not be prorated for partial years of licensure.
 2443         (d)Submit fingerprints for each of the applicant’s control
 2444  persons in accordance with rules adopted by the commission:
 2445         1.The fingerprints may be submitted to the registry, the
 2446  office, or a vendor acting on behalf of the registry or the
 2447  office.
 2448         2.The office may contract with a third-party vendor to
 2449  provide live-scan fingerprinting in lieu of a paper fingerprint
 2450  card.
 2451         3.A state criminal history background check must be
 2452  conducted through the Department of Law Enforcement and a
 2453  federal criminal history background check must be conducted
 2454  through the Federal Bureau of Investigation.
 2455         4.All fingerprints submitted to the Department of Law
 2456  Enforcement must be submitted electronically and entered into
 2457  the statewide automated fingerprint identification system
 2458  established in s. 943.05(2)(b) and available for use in
 2459  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 2460  annual fee to the department to participate in the system and
 2461  inform the department of any person whose fingerprints are no
 2462  longer required to be retained.
 2463         5.The costs of fingerprint processing, including the cost
 2464  of retaining the fingerprints, shall be borne by the person
 2465  subject to the background check.
 2466         6.The office is responsible for reviewing the results of
 2467  the state and federal criminal history checks and determining
 2468  whether the applicant meets licensure requirements.
 2469         (e)Indicate whether the applicant will be seeking a
 2470  servicing endorsement on the application form.
 2471         (f)Submit a copy of the applicant’s financial audit report
 2472  for the most recent fiscal year which, pursuant to United States
 2473  generally accepted accounting principles. If the applicant is a
 2474  wholly owned subsidiary of another corporation, the financial
 2475  audit report for the parent corporation satisfies this
 2476  requirement. The commission may establish by rule the form and
 2477  procedures for filing the financial audit report, including the
 2478  requirement to file the report with the registry when technology
 2479  is available. The financial audit report must document that the
 2480  applicant has a bona fide and verifiable net worth, of at least
 2481  $63,000 if the applicant is not seeking a servicing endorsement,
 2482  or at least $250,000 if the applicant is seeking a servicing
 2483  endorsement, which must be continuously maintained as a
 2484  condition of licensure. However, if the applicant held an active
 2485  license issued before October 1, 2010, pursuant to former s.
 2486  494.0065, and the applicant is seeking a servicing endorsement,
 2487  the minimum net worth requirement:
 2488         1.Until September 30, 2011, is $63,000.
 2489         2.Between October 1, 2011, and September 30, 2012, is
 2490  $125,000.
 2491         3.On or after October 1, 2012, is $250,000.
 2492         (g)Authorize the registry to obtain an independent credit
 2493  report on each of the applicant’s control persons from a
 2494  consumer reporting agency, and transmit or provide access to the
 2495  report to the office. The cost of the credit report shall be
 2496  borne by the applicant.
 2497         (h)Submit additional information or documentation
 2498  requested by the office and required by rule concerning the
 2499  applicant or a control person of the applicant. Additional
 2500  information may include documentation of pending and prior
 2501  disciplinary and criminal history events, including arrest
 2502  reports and certified copies of charging documents, plea
 2503  agreements, judgments and sentencing documents, documents
 2504  relating to pretrial intervention, orders terminating probation
 2505  or supervised release, final administrative agency orders, or
 2506  other comparable documents that may provide the office with the
 2507  appropriate information to determine eligibility for licensure.
 2508         (i)Submit any other information required by the registry
 2509  for the processing of the application.
 2510         (3)An application is considered received for the purposes
 2511  of s. 120.60 upon the office’s receipt of all documentation from
 2512  the registry, including the completed application form, criminal
 2513  history information, and independent credit report, as well as
 2514  the license application fee, the fee required under s.
 2515  494.00172, and all applicable fingerprinting processing fees.
 2516         (4)The office shall issue a mortgage lender license to
 2517  each person who is not otherwise ineligible and who meets the
 2518  requirements of this section. However, it is a ground for denial
 2519  of licensure if the applicant or one of the applicant’s control
 2520  persons:
 2521         (a)Has committed any violation specified in ss. 494.001
 2522  494.0077, or is the subject of a pending felony criminal
 2523  prosecution or a prosecution or an administrative enforcement
 2524  action, in any jurisdiction, which involves fraud, dishonesty,
 2525  breach of trust, money laundering, or any other act of moral
 2526  turpitude.
 2527         (b)Has failed to demonstrate the character, general
 2528  fitness, and financial responsibility necessary to command the
 2529  confidence of the community and warrant a determination that the
 2530  applicant will operate honestly, fairly, and efficiently. 
 2531         1. If the office has information that could form the basis
 2532  for license denial under this paragraph, before denying the
 2533  license, the office must notify the applicant in writing of the
 2534  specific items of concern and provide the applicant with an
 2535  opportunity to explain the circumstances surrounding the
 2536  specific items and provide any information that the applicant
 2537  believes is relevant to the office’s determination.
 2538         2. For purposes of evaluating adverse information found in
 2539  an applicant’s credit report, the information must be considered
 2540  within the totality of the circumstances. Information provided
 2541  by the applicant under subparagraph 1., or information obtained
 2542  by the office by other means, may be used to provide a context
 2543  for the adverse items. For example, the adverse items may have
 2544  resulted from factors that do not necessarily reflect negatively
 2545  upon the applicant’s character, general fitness, or financial
 2546  responsibility. 
 2547         3. The office may not use a credit score or the absence or
 2548  insufficiency of credit history information to determine
 2549  character, general fitness, or financial responsibility.
 2550         4. If information contained in a credit report is used as
 2551  the basis for denying a license, the office shall, in accordance
 2552  with s. 120.60(3), provide with particularity the grounds or
 2553  basis for denial. The use of the terms “poor credit history,”
 2554  “poor credit rating,” or similar language do not meet the
 2555  requirements of this paragraph.
 2556         (5)The office may not issue a license if the applicant has
 2557  had a mortgage lender license or its equivalent revoked in any
 2558  jurisdiction, or any of the applicant’s control persons has ever
 2559  had a loan originator license or its equivalent revoked in any
 2560  jurisdiction.
 2561         (6)A person required to be licensed under this part, or an
 2562  agent or employee thereof, is deemed to have consented to the
 2563  venue of courts in this state regarding any matter within the
 2564  authority of ss. 494.001-494.0077 regardless of where an act or
 2565  violation was committed.
 2566         (7)A license issued in accordance with this part is not
 2567  transferable or assignable.
 2568         (8)A mortgage lender or branch office license may be
 2569  annulled pursuant to s. 120.60 if it was issued by the office by
 2570  mistake. A license must be reinstated if the applicant
 2571  demonstrates that the requirements for obtaining the license
 2572  under this chapter have been satisfied.
 2573         (9)Each lender, regardless of the number of branches it
 2574  operates, shall designate a principal loan originator
 2575  representative who exercises control of the licensee’s business,
 2576  and a branch manager for each branch office. Each mortgage
 2577  lender must keep the office informed of the persons designated
 2578  as prescribed by commission rule, which includes documentation
 2579  of the individual’s acceptance of such responsibility. If the
 2580  designation is inaccurate, the branch shall be deemed to be
 2581  operated under the full charge, control, and supervision by each
 2582  officer, director, or ultimate equitable owner of a 10 percent
 2583  or greater interest in the mortgage lender business, or any
 2584  other person in a similar capacity during that time.
 2585         (10)All mortgage lender licenses must be renewed annually
 2586  by December 31 pursuant to s. 494.00612. If a person holding an
 2587  active mortgage lender license has not applied to renew the
 2588  license on or before December 31, the mortgage lender license
 2589  expires on December 31. If a person holding an active mortgage
 2590  lender license has applied to renew the license on or before
 2591  December 31, the mortgage lender license remains active until
 2592  the renewal application is approved or denied. A mortgage lender
 2593  is not precluded from reapplying for licensure upon expiration
 2594  of a previous license.
 2595         Section 44. Section 494.00612, Florida Statutes, is created
 2596  to read:
 2597         494.00612Mortgage lender license renewal.—
 2598         (1)In order to renew a mortgage lender license, a mortgage
 2599  lender must:
 2600         (a)Submit a completed license renewal form as prescribed
 2601  by commission rule.
 2602         (b)Submit a nonrefundable renewal fee of $475, the $100
 2603  nonrefundable fee if required by s. 494.00172, and nonrefundable
 2604  fees to cover the cost of further fingerprint processing and
 2605  retention as set forth in commission rule.
 2606         (c)Submit fingerprints in accordance with s.
 2607  494.00611(2)(d) for any new control persons who have not been
 2608  screened.
 2609         (d)Provide proof that the mortgage lender continues to
 2610  meet the applicable net worth requirement in a form prescribed
 2611  by commission rule.
 2612         (e)Authorize the registry to obtain an independent credit
 2613  report on the mortgage lender from a consumer reporting agency,
 2614  and transmit or provide access to the report to the office. The
 2615  cost of the credit report shall be borne by the licensee.
 2616         (f)Submit any additional information or documentation
 2617  requested by the office and required by rule concerning the
 2618  licensee. Additional information may include documentation of
 2619  pending and prior disciplinary and criminal history events,
 2620  including arrest reports and certified copies of charging
 2621  documents, plea agreements, judgments and sentencing documents,
 2622  documents relating to pretrial intervention, orders terminating
 2623  probation or supervised release, final administrative agency
 2624  orders, or other comparable documents that may provide the
 2625  office with the appropriate information to determine eligibility
 2626  for renewal of licensure.
 2627         (2)The office may not renew a mortgage lender license
 2628  unless the mortgage lender continues to meet the minimum
 2629  requirements for initial licensure pursuant to s. 494.00611 and
 2630  adopted rule.
 2631         Section 45. Section 494.0062, Florida Statutes, is
 2632  repealed.
 2633         Section 46. Section 494.0063, Florida Statutes, is amended
 2634  to read:
 2635         494.0063 Audited financial statements.—All audited
 2636  financial statements required by ss. 494.001-494.0077 must be
 2637  prepared by an independent licensed certified public accountant.
 2638  A mortgage lender must obtain an annual financial audit report
 2639  as of the date of the licensee’s fiscal year end, as disclosed
 2640  to the office on the application or a subsequent amendment to
 2641  the application. The mortgage lender shall submit a copy of the
 2642  report to the office within 120 days after the end of the
 2643  licensee’s fiscal year. If the licensee is a wholly owned
 2644  subsidiary of another corporation, the financial audit report of
 2645  the parent corporation’s satisfies this requirement. If the
 2646  licensee changes its fiscal year, the licensee must file a
 2647  report within 18 months after the previously submitted report.
 2648  The commission may establish by rule the procedures and form for
 2649  filing a financial audit report, including the requirement to
 2650  file the report with the registry when technology is available.
 2651         Section 47. Section 494.0064, Florida Statutes, is
 2652  repealed.
 2653         Section 48. Section 494.0065, Florida Statutes, is
 2654  repealed.
 2655         Section 49. Section 494.0066, Florida Statutes, is amended
 2656  to read:
 2657         494.0066 Branch offices.—
 2658         (1) Each branch office of a mortgage lender must be
 2659  licensed under this section A branch office license is required
 2660  for each branch office maintained by a licensee under ss.
 2661  494.006-494.0077.
 2662         (2) The office shall issue a branch office license to a
 2663  mortgage lender licensee licensed under ss. 494.006-494.0077
 2664  after the office determines that the mortgage lender licensee
 2665  has submitted a completed branch office application form as
 2666  prescribed by rule by the commission, and an initial
 2667  nonrefundable branch office license fee of $225 per branch
 2668  office $325. Application fees may not be prorated for partial
 2669  years of licensure. The branch office application must include
 2670  the name and license number of the mortgage lender licensee
 2671  under this part ss. 494.006-494.0077, the name of the branch
 2672  manager licensee’s employee in charge of the branch office, and
 2673  the address of the branch office. The branch office license
 2674  shall be issued in the name of the mortgage lender licensee
 2675  under ss. 494.006-494.0077 and must be renewed in conjunction
 2676  with the license renewal. An application is considered received
 2677  for purposes of s. 120.60 upon receipt of a completed branch
 2678  office renewal form, as prescribed by commission rule, and the
 2679  required fees.
 2680         (3)A branch office license must be renewed at the time of
 2681  renewing the mortgage lender license. A nonrefundable fee of
 2682  $225 per branch office must be submitted at the time of renewal.
 2683         Section 50. Section 494.00665, Florida Statutes, is created
 2684  to read:
 2685         494.00665Principal loan originator and branch manager for
 2686  mortgage lender.—
 2687         (1)Each mortgage lender business must be operated by a
 2688  principal loan originator who shall have full charge, control,
 2689  and supervision of the mortgage lender business. The principal
 2690  loan originator must be licensed as a loan originator pursuant
 2691  to s. 494.00312. Each mortgage lender must keep the office
 2692  informed of the person designated as the principal loan
 2693  originator as prescribed by commission rule. If the designation
 2694  is inaccurate, the business shall be deemed to be operated under
 2695  the full charge, control, and supervision of each officer,
 2696  director, or ultimate equitable owner of a 10 percent or greater
 2697  interest in the mortgage lender business, or any other person in
 2698  a similar capacity during that time.
 2699         (2)Each branch office of a mortgage lender must be
 2700  operated by a branch manager who shall have full charge,
 2701  control, and supervision of the branch office. The designated
 2702  branch manager must be a licensed loan originator pursuant to s.
 2703  494.00312. Each mortgage lender must keep the office informed of
 2704  the person designated as the branch manager as prescribed by
 2705  commission rule, which includes documentation of the
 2706  individual’s acceptance of such responsibility. If the
 2707  designation is inaccurate, the branch office shall be deemed to
 2708  be operated under the full charge, control, and supervision of
 2709  each officer, director, or ultimate equitable owner of a 10
 2710  percent or greater interest in the mortgage lender business, or
 2711  any other person in a similar capacity during that time.
 2712         Section 51. Section 494.0067, Florida Statutes, is amended
 2713  to read:
 2714         494.0067 Requirements of mortgage lenders licensees under
 2715  ss. 494.006-494.0077.—
 2716         (1) A mortgage lender that Each licensee under ss. 494.006
 2717  494.0077 which makes mortgage loans on real estate in this state
 2718  shall transact business from a principal place of business. Each
 2719  principal place of business and each branch office shall be
 2720  operated under the full charge, control, and supervision of the
 2721  licensee pursuant to this part under ss. 494.006-494.0077.
 2722         (2) A license issued under this part ss. 494.006-494.0077
 2723  is not transferable or assignable.
 2724         (3) A mortgage lender Each licensee under ss. 494.006
 2725  494.0077 shall report, on a form prescribed by rule of the
 2726  commission, any change in the information contained in any
 2727  initial application form, or any amendment thereto, within not
 2728  later than 30 days after the change is effective.
 2729         (4) A mortgage lender Each licensee under ss. 494.006
 2730  494.0077 shall report any changes in the principal loan
 2731  originator, any addition or subtraction of a control person,
 2732  partners, officers, members, joint venturers, directors, or
 2733  control persons of any licensee or any change changes in the
 2734  form of business organization by written amendment in such form
 2735  and at such time that the commission specifies by rule.
 2736         (a) In any case in which a person or a group of persons,
 2737  directly or indirectly or acting by or through one or more
 2738  persons, proposes to purchase or acquire a controlling interest
 2739  in a licensee, such person or group must submit an initial
 2740  application for licensure as a mortgage lender or correspondent
 2741  mortgage lender before such purchase or acquisition and at the
 2742  time and in the form prescribed by the commission by rule.
 2743         (b) As used in this subsection, the term “controlling
 2744  interest” means possession of the power to direct or cause the
 2745  direction of the management or policies of a company whether
 2746  through ownership of securities, by contract, or otherwise. Any
 2747  person who directly or indirectly has the right to vote 25
 2748  percent or more of the voting securities of a company or who is
 2749  entitled to 25 percent or more of the company’s profits is
 2750  presumed to possess a controlling interest.
 2751         (b)(c) Any addition of a designated principal
 2752  representative, partner, officer, member, joint venturer,
 2753  director, or control person of the applicant who does not have a
 2754  controlling interest and who has not previously filed a Uniform
 2755  Mortgage Biographical Statement & Consent Form, MU2, or has not
 2756  previously complied with the fingerprinting and credit report
 2757  requirements of s. 494.00611 is the provisions of s.
 2758  494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s.
 2759  494.0065(5)(e) and (f) shall be subject to the such provisions
 2760  of this section unless required to file an initial application
 2761  in accordance with paragraph (a). If after the addition of a
 2762  control person, the office determines that the licensee does not
 2763  continue to meet licensure requirements, the office may bring
 2764  administrative action in accordance with s. 494.00255 s.
 2765  494.0072 to enforce the provisions of this section.
 2766         (d) The commission shall adopt rules pursuant to ss.
 2767  120.536(1) and 120.54 providing for the waiver of the
 2768  application required by this subsection if the person or group
 2769  of persons proposing to purchase or acquire a controlling
 2770  interest in a licensee has previously complied with the
 2771  provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and
 2772  (h), or s. 494.0065(5)(e) and (f) with the same legal entity or
 2773  is currently licensed with the office under this chapter.
 2774         (5) Each mortgage lender licensee under ss. 494.006
 2775  494.0077 shall report in a form prescribed by rule of by the
 2776  commission any indictment, information, charge, conviction, or
 2777  plea of guilty or nolo contendere, regardless of adjudication,
 2778  or plea of guilty to any felony or any crime or administrative
 2779  violation that involves fraud, dishonesty, breach of trust,
 2780  money laundering dishonest dealing, or any other act of moral
 2781  turpitude, in any jurisdiction, by the licensee under ss.
 2782  494.006-494.0077 or any principal officer, director, or ultimate
 2783  equitable owner of 10 percent or more of the licensed
 2784  corporation, within not later than 30 business days after the
 2785  indictment, information, charge, conviction, or final
 2786  administrative action.
 2787         (6) Each mortgage lender licensee under ss. 494.006
 2788  494.0077 shall report any action in bankruptcy, voluntary or
 2789  involuntary, to the office, within 30 not later than 7 business
 2790  days after the action is instituted.
 2791         (7) Each mortgage lender licensee under ss. 494.006
 2792  494.0077 shall designate a registered agent in this state for
 2793  service of process.
 2794         (8) Each mortgage lender licensee under ss. 494.006
 2795  494.0077 shall provide an applicant for a mortgage loan a good
 2796  faith estimate of the costs the applicant can reasonably expect
 2797  to pay in obtaining a mortgage loan. The good faith estimate of
 2798  costs must shall be mailed or delivered to the applicant within
 2799  3 business days a reasonable time after the licensee receives a
 2800  written loan application from the applicant. The estimate of
 2801  costs may be provided to the applicant by a person other than
 2802  the licensee making the loan. The good faith estimate must
 2803  identify the recipient of all payments charged to the borrower
 2804  and, except for all fees to be received by the mortgage broker
 2805  brokerage business and the mortgage lender or correspondent
 2806  mortgage lender, may be disclosed in generic terms, such as, but
 2807  not limited to, paid to appraiser, officials, title company, or
 2808  any other third-party service provider. The licensee bears the
 2809  burden of proving such disclosures were provided to the
 2810  borrower. The commission may adopt rules that set forth the
 2811  disclosure requirements of this section.
 2812         (9) On or before April 30, 2000, each mortgage lender or
 2813  correspondent mortgage lender shall file an initial report
 2814  stating the full legal name, residential address, social
 2815  security number, date of birth, mortgage broker license number,
 2816  date of hire, and, if applicable, date of termination for each
 2817  person who acted as a loan originator or an associate of the
 2818  mortgage lender or correspondent mortgage lender during the
 2819  immediate preceding quarter. Thereafter, a mortgage lender or
 2820  correspondent mortgage lender shall file a report only if a
 2821  person became or ceased to be a loan originator or an associate
 2822  of the mortgage lender or correspondent mortgage lender during
 2823  the immediate preceding quarter. Such report shall be filed
 2824  within 30 days after the last day of each calendar quarter and
 2825  shall contain the full legal name, residential address, social
 2826  security number, date of birth, date of hire and, if applicable,
 2827  the mortgage broker license number and date of termination of
 2828  each person who became or ceased to be a loan originator or an
 2829  associate of the mortgage lender or correspondent mortgage
 2830  lender during the immediate preceding quarter. The commission
 2831  shall prescribe, by rule, the procedures for filing reports
 2832  required by this subsection.
 2833         (10)(a) Each mortgage lender or correspondent mortgage
 2834  lender licensee shall require the principal representative and
 2835  all loan originators, not currently licensed as mortgage brokers
 2836  pursuant to s. 494.0033, who perform services for the licensee
 2837  to complete 14 hours of professional continuing education during
 2838  each biennial license period. The education shall cover primary
 2839  and subordinate mortgage financing transactions and the
 2840  provisions of this chapter and the rules adopted under this
 2841  chapter.
 2842         (b) The licensee shall maintain records of such training
 2843  for a period of 4 years, including records of the content of and
 2844  hours designated for each program and the date and location of
 2845  the program.
 2846         (c) Evidence of completion of such programs shall be
 2847  included with the licensee’s renewal application.
 2848         (9)(11) The disclosures in this subsection must be
 2849  furnished in writing at the time an adjustable rate mortgage
 2850  loan is offered to the borrower and whenever the terms of the
 2851  adjustable rate mortgage loan offered have a material change
 2852  prior to closing. The lender shall furnish the disclosures
 2853  relating to adjustable rate mortgages in a format prescribed by
 2854  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2855  of the Federal Reserve System, as amended; its commentary, as
 2856  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2857  1601 et seq., as amended; together with the Consumer Handbook on
 2858  Adjustable Rate Mortgages, as amended; published by the Federal
 2859  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2860  bears the burden of proving such disclosures were provided to
 2861  the borrower.
 2862         (10)(12)(a) In every mortgage loan transaction, each
 2863  mortgage lender licensee under ss. 494.006-494.0077 shall notify
 2864  a borrower of any material changes in the terms of a mortgage
 2865  loan previously offered to the borrower within 3 business days
 2866  after being made aware of such changes by the lender but at
 2867  least not less than 3 business days before the signing of the
 2868  settlement or closing statement. The licensee bears the burden
 2869  of proving such notification was provided and accepted by the
 2870  borrower.
 2871         (b) A borrower may waive the right to receive notice of a
 2872  material change that is granted under paragraph (a) if the
 2873  borrower determines that the extension of credit is needed to
 2874  meet a bona fide personal financial emergency and the right to
 2875  receive notice would delay the closing of the mortgage loan. The
 2876  imminent sale of the borrower’s home at foreclosure during the
 2877  3-day period before the signing of the settlement or closing
 2878  statement constitutes an example of a bona fide personal
 2879  financial emergency. In order to waive the borrower’s right to
 2880  receive notice not less than 3 business days before the signing
 2881  of the settlement or closing statement of any such material
 2882  change, the borrower must provide the licensee with a dated
 2883  written statement that describes the personal financial
 2884  emergency, waives the right to receive the notice, bears the
 2885  borrower’s signature, and is not on a printed form prepared by
 2886  the licensee for the purpose of such a waiver.
 2887         (11)A mortgage lender may close loans in its own name but
 2888  may not service the loan for more than 4 months unless the
 2889  lender has a servicing endorsement. Only a mortgage lender who
 2890  continuously maintains a net worth of at least $250,000 may
 2891  obtain a servicing endorsement.
 2892         (12)A mortgage lender must report to the office the
 2893  failure to meet the applicable net worth requirements of s.
 2894  494.00611 within 2 days after the mortgage lender’s knowledge of
 2895  such failure or after the mortgage lender should have known of
 2896  such failure.
 2897         Section 52. Section 494.0068, Florida Statutes, is amended
 2898  to read:
 2899         494.0068 Loan application process.—
 2900         (1) In addition to the requirements set forth in s.
 2901  494.0067(8), before accepting an application fee in whole or in
 2902  part, a credit report fee, an appraisal fee, or a fee charged as
 2903  reimbursement for third-party charges, a mortgage lender shall
 2904  make a written disclosure to the borrower, which disclosure may
 2905  be contained in the application, setting forth:
 2906         (a) Whether all or any part of such fees or charges is
 2907  refundable.
 2908         (b) The terms and conditions for the refund, if all or any
 2909  part of the fees or charges is refundable.
 2910         (c) A realistic estimate of the number of days required to
 2911  issue a commitment following receipt of the application by the
 2912  lender.
 2913         (d) The name or title of a person within the lender’s
 2914  organization to whom the borrower may address written questions,
 2915  comments, or complaints and who is required to promptly respond
 2916  to such inquiries.
 2917         (2) The disclosures required in subsection (1) must shall
 2918  be acknowledged in writing by the borrower and maintained by the
 2919  mortgage lender, and a copy of such acknowledgment shall be
 2920  given to the borrower.
 2921         (3) The borrower may, without penalty or responsibility for
 2922  paying additional fees and charges, withdraw an application at
 2923  any time prior to acceptance of commitment. Upon such
 2924  withdrawal, the mortgage lender is responsible for refunding to
 2925  the borrower only those fees and charges to which the borrower
 2926  may be entitled pursuant to the terms set forth in the written
 2927  disclosure required by subsection (1), except that:
 2928         (a) If the lender failed to provide the borrower with the
 2929  written disclosure required by subsection (1), the lender shall
 2930  promptly refund to the borrower all funds paid to the lender; or
 2931         (b) If the lender failed to make a good faith effort to
 2932  approve the loan, the lender shall promptly refund to the
 2933  borrower all funds paid to the lender.
 2934         (4) The application fee must be reasonably related to the
 2935  services to be performed and may not be based upon a percentage
 2936  of the principal amount of the loan or the amount financed.
 2937         (5) For the purposes of this section, the term “application
 2938  fee” means any moneys advanced by the borrower upon filing an
 2939  application with a mortgage lender to offset the lender’s
 2940  expenses for determining whether the borrower is qualified for
 2941  the mortgage loan or whether the mortgage loan should be funded.
 2942         Section 53. Section 494.0069, Florida Statutes, is amended
 2943  to read:
 2944         494.0069 Lock-in agreement.—
 2945         (1) Each lock-in agreement must be in writing and must
 2946  contain:
 2947         (a) The expiration date of the lock-in, if any;
 2948         (b) The interest rate locked in, if any;
 2949         (c) The discount points locked in, if any;
 2950         (d) The commitment fee locked in, if any;
 2951         (e) The lock-in fee, if any; and
 2952         (f) A statement advising of the provisions of this part ss.
 2953  494.006-494.0077 regarding lock-in agreements.
 2954         (2) The mortgage lender or correspondent mortgage lender
 2955  shall make a good faith effort to process the mortgage loan
 2956  application and stand ready to fulfill the terms of its
 2957  commitment before the expiration date of the lock-in agreement
 2958  or any extension thereof.
 2959         (3) Any lock-in agreement received by a mortgage lender or
 2960  correspondent mortgage lender by mail or through a mortgage
 2961  broker must be signed by the mortgage lender or correspondent
 2962  mortgage lender in order to become effective. The borrower may
 2963  rescind any lock-in agreement until a written confirmation of
 2964  the agreement has been signed by the lender and mailed to the
 2965  borrower or to the mortgage broker brokerage business pursuant
 2966  to its contractual relationship with the borrower. If a borrower
 2967  elects to so rescind, the mortgage lender or correspondent
 2968  mortgage lender shall promptly refund any lock-in fee paid.
 2969         (4)(a)Before Any correspondent mortgage lender or mortgage
 2970  lender prior to issuing a mortgage loan rate lock-in agreement,
 2971  a mortgage lender must have the ability to timely advance funds
 2972  on all mortgage loans for which rate lock-in agreements have
 2973  been issued. As used in this section, “ability to timely advance
 2974  funds” means having sufficient liquid assets or a line of credit
 2975  necessary to cover all rate lock-in agreements issued with
 2976  respect to which a lock-in fee is collected.
 2977         (a)(b) A correspondent mortgage lender or mortgage lender
 2978  that does not comply with this subsection paragraph (a) may
 2979  issue mortgage rate lock-in agreements only if, prior to the
 2980  issuance, the correspondent mortgage lender or mortgage lender:
 2981         1. Has received a written rate lock-in agreement from a
 2982  correspondent mortgage lender or mortgage lender that complies
 2983  with this subsection paragraph (a); or
 2984         2. Has received a written rate lock-in agreement from an
 2985  institutional investor or an agency of the Federal Government or
 2986  the state or local government that will be funding, making, or
 2987  purchasing the mortgage loan.
 2988         (b)(c) All rate lock-in fees collected by a mortgage lender
 2989  or correspondent mortgage lender who is not in compliance with
 2990  paragraph (a) must be deposited into an escrow account in a
 2991  federally insured financial institution, and such fees may shall
 2992  not be removed from such escrow account until:
 2993         1. The mortgage loan closes and is funded;
 2994         2. The applicant cancels the loan application or the loan
 2995  application is rejected; or
 2996         3. The mortgage lender or correspondent mortgage lender is
 2997  required to forward a portion of the lock-in fee to another
 2998  correspondent mortgage lender, mortgage lender, institutional
 2999  investor, or agency that will be funding, making, or purchasing
 3000  the loan. The mortgage lender or correspondent mortgage lender
 3001  may remove only the amount of the lock-in fee actually paid to
 3002  another mortgage lender, correspondent mortgage lender,
 3003  institutional investor, or agency.
 3004         (5) For purposes of this section, the term “lock-in fee”
 3005  means any moneys advanced by the borrower to lock in for a
 3006  specified period of time a specified interest rate or discount
 3007  points.
 3008         (6) The commission may adopt by rule a form for required
 3009  lock-in agreement disclosures.
 3010         Section 54. Effective July 1, 2009, section 494.007,
 3011  Florida Statutes, is amended to read:
 3012         494.007 Commitment process.—
 3013         (1) If a commitment is issued, the mortgage lender shall
 3014  disclose in writing:
 3015         (a) The expiration date of the commitment;
 3016         (b) The mortgage amount, meaning the face amount of credit
 3017  provided to the borrower or in the borrower’s behalf;
 3018         (c) If the interest rate or other terms are subject to
 3019  change before expiration of the commitment:
 3020         1. The basis, index, or method, if any, which will be used
 3021  to determine the rate at closing. Such basis, index, or method
 3022  shall be established and disclosed with direct reference to the
 3023  movement of an interest rate index or of a national or regional
 3024  index that is available to and verifiable by the borrower and
 3025  beyond the control of the lender; or
 3026         2. The following statement, in at least 10-point bold type:
 3027  “The interest rate will be the rate established by the lender in
 3028  its discretion as its prevailing rate . . . days before
 3029  closing.”;
 3030         (d) The amount of the commitment fee, if any, and whether
 3031  and under what circumstances the commitment fee is refundable;
 3032  and
 3033         (e) The time, if any, within which the commitment must be
 3034  accepted by the borrower.
 3035         (2) The provisions of a commitment cannot be changed prior
 3036  to expiration of the specified period within which the borrower
 3037  must accept it. If any information necessary for an accurate
 3038  disclosure required by subsection (1) is unknown to the mortgage
 3039  lender at the time disclosure is required, the lender shall make
 3040  the disclosure based upon the best information reasonably
 3041  available to it and shall state that the disclosure is an
 3042  estimate.
 3043         (3) A commitment fee is refundable if:
 3044         (a) The commitment is contingent upon approval by parties
 3045  to whom the mortgage lender seeks to sell the loan.
 3046         (b) The loan purchaser’s requirements are not met due to
 3047  circumstances beyond the borrower’s control.
 3048         (c) The borrower is willing but unable to comply with the
 3049  loan purchaser’s requirements.
 3050         Section 55. Section 494.0071, Florida Statutes, is amended
 3051  to read:
 3052         494.0071 Expiration of lock-in agreement or commitment.—If
 3053  a lock-in agreement has been executed and the loan does not
 3054  close before the expiration date of either the lock-in agreement
 3055  or any commitment issued consistent therewith through no
 3056  substantial fault of the borrower, the borrower may withdraw the
 3057  application or reject or terminate any commitment, whereupon the
 3058  mortgage lender or correspondent mortgage lender shall promptly
 3059  refund to the borrower any lock-in fee and any commitment fee
 3060  paid by the borrower.
 3061         Section 56. Section 494.0072, Florida Statutes, is
 3062  repealed.
 3063         Section 57. Section 494.00721, Florida Statutes, is amended
 3064  to read:
 3065         494.00721 Net worth.—
 3066         (1) The net worth requirements required in s. 494.00611 ss.
 3067  494.0061, 494.0062, and 494.0065 shall be continually maintained
 3068  as a condition of licensure.
 3069         (2) If a mortgage lender or correspondent mortgage lender
 3070  fails to satisfy the net worth requirements, the mortgage lender
 3071  or correspondent mortgage lender shall immediately cease taking
 3072  any new mortgage loan applications. Thereafter, the mortgage
 3073  lender or correspondent mortgage lender shall have up to 60 days
 3074  within which to satisfy the net worth requirements. If the
 3075  licensee makes the office aware, prior to an examination, that
 3076  the licensee no longer meets the net worth requirements, the
 3077  mortgage lender or correspondent mortgage lender shall have 120
 3078  days within which to satisfy the net worth requirements. A
 3079  mortgage lender may or correspondent mortgage lender shall not
 3080  resume acting as a mortgage lender or correspondent mortgage
 3081  lender without written authorization from the office, which
 3082  authorization shall be granted if the mortgage lender or
 3083  correspondent mortgage lender provides the office with
 3084  documentation which satisfies the requirements of s. 494.00611
 3085  s. 494.0061(2)(c), s. 494.0062(2)(c), or s. 494.0065(2),
 3086  whichever is applicable.
 3087         (3) If the mortgage lender or correspondent mortgage lender
 3088  does not satisfy the net worth requirements within 120 days the
 3089  120-day period, the license of the mortgage lender or
 3090  correspondent mortgage lender shall be deemed to be relinquished
 3091  and canceled and all servicing contracts shall be disposed of in
 3092  a timely manner by the mortgage lender or correspondent mortgage
 3093  lender.
 3094         Section 58. Section 494.0073, Florida Statutes, is amended
 3095  to read:
 3096         494.0073 Mortgage lender or correspondent mortgage lender
 3097  when acting as a mortgage broker brokerage business.—The
 3098  provisions of this part Sections 494.006-494.0077 do not
 3099  prohibit a mortgage lender or correspondent mortgage lender from
 3100  acting as a mortgage broker brokerage business. However, in
 3101  mortgage transactions in which a mortgage lender or
 3102  correspondent mortgage lender acts as a mortgage broker
 3103  brokerage business, the provisions of ss. 494.0038, 494.004(2)
 3104  494.004(8), 494.0042, and 494.0043(1), (2), and (3) apply.
 3105         Section 59. Effective July 1, 2009, section 494.0075,
 3106  Florida Statutes, is amended to read:
 3107         494.0075 Requirements for selling loans to noninstitutional
 3108  investors.—
 3109         (1) A mortgage lender, when selling a mortgage loan to a
 3110  noninstitutional investor, shall:
 3111         (a) Before any payment of money by a noninstitutional
 3112  investor, provide an opinion of value from an appraiser stating
 3113  the value of the security property unless the opinion is waived
 3114  in writing. The opinion must state the value of the property as
 3115  it exists on the date of the opinion. If any relationship exists
 3116  between the lender and the appraiser, that relationship must
 3117  shall be disclosed.;
 3118         (b) Provide to the noninstitutional investor a mortgagee’s
 3119  title insurance policy or an opinion of title by an attorney
 3120  licensed to practice law in this state, or a copy thereof:
 3121         1. If a title insurance policy is issued, it must insure
 3122  the noninstitutional investor against the unmarketability of the
 3123  mortgagee’s interest in such title. It must also specify any
 3124  superior liens that exist against the property. If an opinion of
 3125  title is issued by an attorney licensed to practice law in this
 3126  state, the opinion must  include a statement as to the
 3127  marketability of the title to the property described in the
 3128  mortgage and specify the priority of the mortgage being
 3129  purchased.
 3130         2. If the title insurance policy or opinion of title is not
 3131  available at the time of purchase, the licensee shall provide a
 3132  binder of the title insurance or conditional opinion of title.
 3133  This binder or opinion must include any conditions or
 3134  requirements needed to be corrected before prior to the issuance
 3135  of the final title policy or opinion of title. The binder or
 3136  opinion must also include information concerning the
 3137  requirements specified in subparagraph 1. Any conditions must be
 3138  eliminated or waived in writing by the investor before prior to
 3139  delivery to the noninstitutional investor. The policy or
 3140  opinion, or a copy thereof, shall be delivered to the investor
 3141  within a reasonable period of time, not exceeding 6 months,
 3142  after purchase.
 3143         3. The requirements of this paragraph may be waived in
 3144  writing. If the requirements are waived by the noninstitutional
 3145  investor, the waiver must include the following wording: “The
 3146  noninstitutional investor acknowledges that the mortgage lender
 3147  selling this mortgage loan is not providing a title insurance
 3148  policy or opinion of title issued by an attorney who is licensed
 3149  to practice law in the State of Florida. Any requirement for
 3150  title insurance or for a legal opinion of title is the sole
 3151  responsibility of the noninstitutional mortgage purchaser.”
 3152         (c) Provide, if the loan is other than a first mortgage, a
 3153  statement showing the balance owed by the mortgagor on any
 3154  existing mortgages prior to this investment and the status of
 3155  such existing mortgages.
 3156         (d) Provide a disclosure if the licensee is directly or
 3157  indirectly acting as a borrower or principal in the transaction.
 3158         (2) Each mortgage, or other instrument securing a note or
 3159  assignment thereof, must shall be recorded before being
 3160  delivered to the noninstitutional investor.
 3161         (3) Each mortgage and assignment shall be recorded as soon
 3162  as practical, but within no later than 30 business days after
 3163  the date of purchase.
 3164         (4) If the loan is to be serviced by a licensee under this
 3165  part ss. 494.006-494.0077 for a noninstitutional investor, there
 3166  shall be a written servicing agreement.
 3167         (5) The mortgage lender shall cause the original note to be
 3168  properly endorsed showing the assignment of the note to the
 3169  noninstitutional investor.
 3170         Section 60. Effective July 1, 2009, paragraph (a) of
 3171  subsection (1) of section 494.0076, Florida Statutes, is amended
 3172  to read:
 3173         494.0076 Servicing audits.—
 3174         (1)(a) Each licensee under part III of chapter who ss.
 3175  494.006-494.0077 which services mortgage loans shall:
 3176         1. Maintain a segregated set of records for accounts that
 3177  are serviced by the licensee.
 3178         2. Have a separate, segregated depository account for all
 3179  receipts relating to servicing.
 3180         Section 61. Effective July 1, 2009, section 494.0077,
 3181  Florida Statutes, is amended to read:
 3182         494.0077 Other products and services.—This part does
 3183  Sections 494.006-494.0077 do not prohibit a mortgage lender from
 3184  offering, for a fee or commission, products and services in
 3185  addition to those offered in conjunction with making a mortage
 3186  loan.
 3187         Section 62. Effective July 1, 2009, subsection (2) of
 3188  section 501.1377, Florida Statutes, is amended to read:
 3189         501.1377 Violations involving homeowners during the course
 3190  of residential foreclosure proceedings.—
 3191         (2) DEFINITIONS.—As used in this section, the term:
 3192         (a) “Equity purchaser” means a any person who acquires a
 3193  legal, equitable, or beneficial ownership interest in any
 3194  residential real property as a result of a foreclosure-rescue
 3195  transaction. The term does not apply to a person who acquires
 3196  the legal, equitable, or beneficial interest in such property:
 3197         1. By a certificate of title from a foreclosure sale
 3198  conducted under chapter 45;
 3199         2. At a sale of property authorized by statute;
 3200         3. By order or judgment of any court;
 3201         4. From a spouse, parent, grandparent, child, grandchild,
 3202  or sibling of the person or the person’s spouse; or
 3203         5. As a deed in lieu of foreclosure, a workout agreement, a
 3204  bankruptcy plan, or any other agreement between a foreclosing
 3205  lender and a homeowner.
 3206         (b) “Foreclosure-rescue consultant” means a person who
 3207  directly or indirectly makes a solicitation, representation, or
 3208  offer to a homeowner to provide or perform, in return for
 3209  payment of money or other valuable consideration, foreclosure
 3210  related rescue services. The term does not apply to:
 3211         1. A person excluded under s. 501.212.
 3212         2. A person acting under the express authority or written
 3213  approval of the United States Department of Housing and Urban
 3214  Development or other department or agency of the United States
 3215  or this state to provide foreclosure-related rescue services.
 3216         3. A charitable, not-for-profit agency or organization, as
 3217  determined by the United States Internal Revenue Service under
 3218  s. 501(c)(3) of the Internal Revenue Code, which offers
 3219  counseling or advice to an owner of residential real property in
 3220  foreclosure or loan default if the agency or organization does
 3221  not contract for foreclosure-related rescue services with a for
 3222  profit lender or person facilitating or engaging in foreclosure
 3223  rescue transactions.
 3224         4. A person who holds or is owed an obligation secured by a
 3225  lien on any residential real property in foreclosure if the
 3226  person performs foreclosure-related rescue services in
 3227  connection with this obligation or lien and the obligation or
 3228  lien was not the result of or part of a proposed foreclosure
 3229  reconveyance or foreclosure-rescue transaction.
 3230         5. A financial institution as defined in s. 655.005 and any
 3231  parent or subsidiary of the financial institution or of the
 3232  parent or subsidiary.
 3233         6. A licensed mortgage broker, mortgage lender, or
 3234  correspondent mortgage lender that provides mortgage counseling
 3235  or advice regarding residential real property in foreclosure,
 3236  which counseling or advice is within the scope of services set
 3237  forth in chapter 494 and is provided without payment of money or
 3238  other consideration other than a loan origination mortgage
 3239  brokerage fee as defined in s. 494.001.
 3240         7. An attorney licensed to practice law in this state who
 3241  provides foreclosure rescue-related services as an ancillary
 3242  matter to the attorney’s representation of a homeowner as a
 3243  client.
 3244         (c) “Foreclosure-related rescue services” means any good or
 3245  service related to, or promising assistance in connection with:
 3246         1. Stopping, avoiding, or delaying foreclosure proceedings
 3247  concerning residential real property; or
 3248         2. Curing or otherwise addressing a default or failure to
 3249  timely pay with respect to a residential mortgage loan
 3250  obligation.
 3251         (d) “Foreclosure-rescue transaction” means a transaction:
 3252         1. By which residential real property in foreclosure is
 3253  conveyed to an equity purchaser and the homeowner maintains a
 3254  legal or equitable interest in the residential real property
 3255  conveyed, including, without limitation, a lease option
 3256  interest, an option to acquire the property, an interest as
 3257  beneficiary or trustee to a land trust, or other interest in the
 3258  property conveyed; and
 3259         2. That is designed or intended by the parties to stop,
 3260  avoid, or delay foreclosure proceedings against a homeowner’s
 3261  residential real property.
 3262         (e) “Homeowner” means the any record title owner of
 3263  residential real property that is the subject of foreclosure
 3264  proceedings.
 3265         (f) “Residential real property” means real property
 3266  consisting of one-family to four-family dwelling units, one of
 3267  which is occupied by the owner as his or her principal place of
 3268  residence.
 3269         (g) “Residential real property in foreclosure” means
 3270  residential real property against which there is an outstanding
 3271  notice of the pendency of foreclosure proceedings recorded
 3272  pursuant to s. 48.23.
 3273         Section 63. Paragraph (b) of subsection (2) of section
 3274  501.1377, Florida Statutes, as amended by this act, is amended
 3275  to read:
 3276         501.1377 Violations involving homeowners during the course
 3277  of residential foreclosure proceedings.—
 3278         (2) DEFINITIONS.—As used in this section, the term:
 3279         (b) “Foreclosure-rescue consultant” means a person who
 3280  directly or indirectly makes a solicitation, representation, or
 3281  offer to a homeowner to provide or perform, in return for
 3282  payment of money or other valuable consideration, foreclosure
 3283  related rescue services. The term does not apply to:
 3284         1. A person excluded under s. 501.212.
 3285         2. A person acting under the express authority or written
 3286  approval of the United States Department of Housing and Urban
 3287  Development or other department or agency of the United States
 3288  or this state to provide foreclosure-related rescue services.
 3289         3. A charitable, not-for-profit agency or organization, as
 3290  determined by the United States Internal Revenue Service under
 3291  s. 501(c)(3) of the Internal Revenue Code, which offers
 3292  counseling or advice to an owner of residential real property in
 3293  foreclosure or loan default if the agency or organization does
 3294  not contract for foreclosure-related rescue services with a for
 3295  profit lender or person facilitating or engaging in foreclosure
 3296  rescue transactions.
 3297         4. A person who holds or is owed an obligation secured by a
 3298  lien on any residential real property in foreclosure if the
 3299  person performs foreclosure-related rescue services in
 3300  connection with this obligation or lien and the obligation or
 3301  lien was not the result of or part of a proposed foreclosure
 3302  reconveyance or foreclosure-rescue transaction.
 3303         5. A financial institution as defined in s. 655.005 and any
 3304  parent or subsidiary of the financial institution or of the
 3305  parent or subsidiary.
 3306         6. A licensed mortgage broker, mortgage lender, or
 3307  correspondent mortgage lender that provides mortgage counseling
 3308  or advice regarding residential real property in foreclosure,
 3309  which counseling or advice is within the scope of services set
 3310  forth in chapter 494 and is provided without payment of money or
 3311  other consideration other than a loan origination mortgage
 3312  brokerage fee as defined in s. 494.001.
 3313         7.An attorney licensed to practice law in this state who
 3314  provides foreclosure rescue-related services as an ancillary
 3315  matter to the attorney’s representation of a homeowner as a
 3316  client.
 3317         Section 64. Effective July 1, 2009, paragraph (c) of
 3318  subsection (1) of section 201.23, Florida Statutes, is amended
 3319  to read:
 3320         201.23 Foreign notes and other written obligations exempt.—
 3321         (1) There shall be exempt from all excise taxes imposed by
 3322  this chapter:
 3323         (c) Any promissory note, nonnegotiable note, or other
 3324  written obligation to pay money if the said note or obligation
 3325  is executed and delivered outside this state and at the time of
 3326  its making is secured only by a mortgage, deed of trust, or
 3327  similar security agreement encumbering real estate located
 3328  outside this state and if such promissory note, nonnegotiable
 3329  note, or other written obligation for payment of money is
 3330  brought into this state for deposit as collateral security under
 3331  a wholesale warehouse mortgage agreement or for inclusion in a
 3332  pool of mortgages deposited with a custodian as security for
 3333  obligations issued by an agency of the United States Government
 3334  or for inclusion in a pool of mortgages to be serviced for the
 3335  account of a customer by a mortgage lender licensed or exempt
 3336  from licensing under part III of chapter 494 ss. 494.006
 3337  494.0077.
 3338         Section 65. Effective July 1, 2009, paragraph (a) of
 3339  subsection (21) of section 420.507, Florida Statutes, is amended
 3340  to read:
 3341         420.507 Powers of the corporation.—The corporation shall
 3342  have all the powers necessary or convenient to carry out and
 3343  effectuate the purposes and provisions of this part, including
 3344  the following powers which are in addition to all other powers
 3345  granted by other provisions of this part:
 3346         (21) Review all reverse mortgage provisions proposed to be
 3347  used by an individual lender or a consortium to determine that
 3348  such provisions are consistent with the purposes and intent of
 3349  this act. If the corporation finds that the provisions are
 3350  consistent, it shall approve those provisions. If the
 3351  corporation finds that the provisions are inconsistent, it shall
 3352  state its objections and give the parties an opportunity to
 3353  amend the provisions to overcome such objections. In approving
 3354  these provisions, the corporation must determine:
 3355         (a) That the mortgagee is either licensed pursuant to part
 3356  II of chapter 494 ss. 494.006-494.0077 or specifically exempt
 3357  from part III of chapter 494 ss. 494.006-494.0077.
 3358         Section 66. Effective July 1, 2009, subsection (1) of
 3359  section 520.52, Florida Statutes, is amended to read:
 3360         520.52 Licensees.—
 3361         (1) A person may not engage in the business of a sales
 3362  finance company or operate a branch of such business without a
 3363  license as provided in this section; however, a bank, trust
 3364  company, savings and loan association, or credit union
 3365  authorized to do business in this state is not required to
 3366  obtain a license under this part. Any person authorized as a
 3367  licensee or registrant pursuant to part III of chapter 494 ss.
 3368  494.006-494.0077 is not required to obtain a license under this
 3369  part in order to become an assignee of a home improvement
 3370  finance seller.
 3371         Section 67. Effective July 1, 2009, subsection (1) of
 3372  section 520.63, Florida Statutes, is amended to read:
 3373         520.63 Licensees.—
 3374         (1) A person may not engage in or transact any business as
 3375  a home improvement finance seller or operate a branch without
 3376  first obtaining a license from the office, except that a banking
 3377  institution, trust company, savings and loan association, credit
 3378  union authorized to do business in this state, or licensee under
 3379  part III of chapter 494 ss. 494.006-494.0077 is not required to
 3380  obtain a license to engage in home improvement financing.
 3381         Section 68. Effective July 1, 2009, paragraph (b) of
 3382  subsection (11) of section 607.0505, Florida Statutes, is
 3383  amended to read:
 3384         607.0505 Registered agent; duties.—
 3385         (11) As used in this section, the term:
 3386         (b) “Financial institution” means:
 3387         1. A bank, banking organization, or savings association, as
 3388  defined in s. 220.62;
 3389         2. An insurance company, trust company, credit union, or
 3390  industrial savings bank, any of which is licensed or regulated
 3391  by an agency of the United States or any state of the United
 3392  States; or
 3393         3. Any person licensed under part III of chapter 494 the
 3394  provisions of ss. 494.006-494.0077.
 3395         Section 69. Effective July 1, 2009, subsection (1) of
 3396  section 687.12, Florida Statutes, is amended to read:
 3397         687.12 Interest rates; parity among licensed lenders or
 3398  creditors.—
 3399         (1) Any lender or creditor licensed or chartered under the
 3400  provisions of chapter 516, chapter 520, chapter 657, chapter 658
 3401  or former chapter 659, former chapter 664 or former chapter 656,
 3402  chapter 665, or part XV of chapter 627; any lender or creditor
 3403  located in this state the State of Florida and licensed or
 3404  chartered under the laws of the United States and authorized to
 3405  conduct a lending business; or any lender or creditor lending
 3406  through a licensee under part III of chapter 494, is ss.
 3407  494.006-494.0077, shall be authorized to charge interest on
 3408  loans or extensions of credit to any person as defined in s.
 3409  1.01(3), or to any firm or corporation, at the maximum rate of
 3410  interest permitted by law to be charged on similar loans or
 3411  extensions of credit made by any lender or creditor in this
 3412  state the State of Florida, except that the statutes governing
 3413  the maximum permissible interest rate on any loan or extension
 3414  of credit, and other statutory restrictions relating thereto,
 3415  shall also govern the amount, term, permissible charges, rebate
 3416  requirements, and restrictions for a similar loan or extension
 3417  of credit made by any lender or creditor.
 3418         Section 70. Effective September 1, 2010:
 3419         (1)All mortgage business school permits issued pursuant to
 3420  s. 494.0029, Florida Statutes, expire on September 30, 2010.
 3421         (2)All mortgage brokerage business licenses issued before
 3422  October 1, 2010, pursuant to s. 494.0031 or s. 494.0032, Florida
 3423  Statutes, expire on December 31, 2010. However, if a person
 3424  holding an active mortgage brokerage business license issued
 3425  before October 1, 2010, applies for a mortgage broker license
 3426  through the Nationwide Mortgage Licensing System and Registry
 3427  between October 1, 2010, and December 31, 2010, the mortgage
 3428  brokerage business license does not expire until the Office of
 3429  Financial Regulation approves or denies the mortgage broker
 3430  license application. A mortgage broker license approved on or
 3431  after October 1, 2010, is effective until December 31, 2011.
 3432  Application fees may not be prorated for partial years of
 3433  licensure.
 3434         (3)All mortgage broker licenses issued before October 1,
 3435  2010, pursuant to s. 494.0033 or s. 494.0034, Florida Statutes,
 3436  expire on December 31, 2010. However, if a person holding an
 3437  active mortgage broker license issued before October 1, 2010,
 3438  applies for a loan originator license through the Nationwide
 3439  Mortgage Licensing System and Registry between October 1, 2010,
 3440  and December 31, 2010, the mortgage broker license does not
 3441  expire until the Office of Financial Regulation approves or
 3442  denies the loan originator license application. Notwithstanding
 3443  s. 120.60, Florida Statutes, for mortgage broker applications
 3444  submitted between July 1, 2009, and December 31, 2009, or loan
 3445  originator applications submitted between October 1, 2010, and
 3446  December 31, 2010, the office has 60 days to notify the
 3447  applicant of any apparent errors or omissions in an application
 3448  and to request any additional information that the office may
 3449  require, and the office has 180 days to approve or deny a
 3450  completed application. Application fees may not be prorated for
 3451  partial years of licensure.
 3452         (4)All mortgage lender licenses issued before October 1,
 3453  2010, pursuant to s. 494.0061 or s. 494.0064, Florida Statutes,
 3454  expire on December 31, 2010. However, if a person holding an
 3455  active mortgage lender license applies for a mortgage broker
 3456  license or mortgage lender license through the Nationwide
 3457  Mortgage Licensing System and Registry between October 1, 2010,
 3458  and December 31, 2010, the mortgage lender license does not
 3459  expire until the Office of Financial Regulation approves or
 3460  denies the mortgage broker license or mortgage lender license
 3461  application. Application fees may not be prorated for partial
 3462  years of licensure.
 3463         (5)All mortgage lender licenses issued before October 1,
 3464  2010, pursuant to s. 494.0065 or s. 494.0064, Florida Statutes,
 3465  expire on December 31, 2010. However, if a person holding such
 3466  license applies for a mortgage broker license or mortgage lender
 3467  license through the Nationwide Mortgage Licensing System and
 3468  Registry between October 1, 2010, and December 31, 2010, the
 3469  mortgage lender license does not expire until the Office of
 3470  Financial Regulation approves or denies the mortgage broker
 3471  license or mortgage lender license application. Application fees
 3472  may not be prorated for partial years of licensure.
 3473         (6)All correspondent mortgage lender licenses issued
 3474  before October 1, 2010, pursuant to s. 494.0062 or s. 494.0064,
 3475  Florida Statutes, expire on December 31, 2010. However, if a
 3476  person holding an active correspondent mortgage lender license
 3477  issued before October 1, 2010, applies for a mortgage broker or
 3478  mortgage lender license through the Nationwide Mortgage
 3479  Licensing System and Registry between October 1, 2010, and
 3480  December 31, 2010, the correspondent mortgage lender license
 3481  does not expire until the Office of Financial Regulation
 3482  approves or denies the mortgage broker or mortgage lender
 3483  license application. Application fees may not be prorated for
 3484  partial years of licensure.
 3485         Section 71. Except as otherwise expressly provided in this
 3486  act and except for this section, which shall take effect July 1,
 3487  2009, this act shall take effect October 1, 2010.