Florida Senate - 2009         (Proposed Committee Bill) SPB 7058
       
       
       
       FOR CONSIDERATION By the Committee on Banking and Insurance
       
       
       
       
       597-01995A-09                                         20097058__
    1                        A bill to be entitled                      
    2         (PRELIMINARY DRAFT) An act relating to mortgage
    3         brokering and lending; amending s. 494.001, F.S.;
    4         redefining terms, defining new terms, and deleting
    5         terms; amending s. 494.0011, F.S.; authorizing the
    6         Financial Services Commission to adopt rules relating
    7         to compliance with the S.A.F.E. Mortgage Licensing Act
    8         of 2008; authorizing the commission to participate in
    9         the Nationwide Mortgage Licensing System and Registry;
   10         creating s. 494.00121, F.S.; providing for the
   11         issuance of subpoenas; amending s. 494.0014, F.S.;
   12         revising provisions relating to the refund of fees;
   13         deleting an obsolete provision; capping the amount of
   14         administrative fine that can be assessed for a single
   15         violation at $25,000; authorizing a fine of $1,000 for
   16         each day of unlicensed activity up to $25,000;
   17         amending s. 494.00165, F.S.; prohibiting unfair and
   18         deceptive advertising relating to mortgage brokering
   19         and lending; repealing s. 494.0017, F.S., relating to
   20         claims paid from the Regulatory Trust Fund; creating
   21         s. 494.00172, F.S.; providing for a $20 fee to be
   22         assessed against loan originators and a $100 fee to be
   23         assessed against mortgage brokers and lenders at the
   24         time of license application or renewal; providing that
   25         such fees shall be deposited into the Mortgage
   26         Guaranty Trust Fund and used to pay claims against
   27         licensees; providing for a cap on the amount collected
   28         and deposited; providing requirements for seeking
   29         recovery from the trust fund; providing limitations on
   30         the amount paid; providing for the assignment of
   31         certain rights to the office; providing that payment
   32         for a claim is prima facie grounds for the revocation
   33         of a license; amending s. 494.0018, F.S.; conforming
   34         cross-references; amending ss. 494.0019 and 494.002,
   35         F.S.; conforming terms; amending s. 494.0023, F.S.;
   36         providing that there is a conflicting interest if a
   37         licensee or the licensee's relatives have a 1 percent
   38         or more interest in the person providing additional
   39         products or services; amending s. 494.0025, F.S.;
   40         prohibiting the alteration, withholding, concealment,
   41         or destruction of records relevant to regulated
   42         activities; amending s. 494.0028, F.S.; conforming
   43         terms; repealing ss. 494.0029 and 494.00295, F.S.,
   44         relating to mortgage business schools and continuing
   45         education requirements; providing a directive to the
   46         Division of Statutory Revision; amending s. 494.003,
   47         F.S.; revising provisions relating to who is exempt
   48         from loan originator or mortgage broker licensing and
   49         regulation; repealing s. 494.0031, F.S., relating to
   50         licensure as a mortgage brokerage business; creating
   51         s. 494.00312, F.S.; providing for the licensure of
   52         mortgage brokers; providing license application
   53         requirements; providing grounds for license denial;
   54         requiring the denial of a license under certain
   55         circumstances; requiring the commission to adopt rules
   56         establishing time periods for barring licensure for
   57         certain misdemeanors and felonies; requiring licenses
   58         to renewed annually by a certain date; repealing s.
   59         494.0032, F.S., relating to renewal of a mortgage
   60         brokerage business license or branch office license;
   61         creating s. 494.00321, F.S.; providing for the renewal
   62         of a mortgage broker license; providing license
   63         renewal requirements; creating s. 494.00323, F.S.;
   64         providing for the licensure of loan originators;
   65         providing license application requirements; providing
   66         grounds for license denial; requiring the denial of a
   67         license under certain circumstances; requiring the
   68         commission to adopt rules establishing time periods
   69         for barring licensure for certain misdemeanors and
   70         felonies; requiring licenses to be renewed annually by
   71         a certain date; creating s. 494.00324, F.S.; providing
   72         for the renewal of a loan originator license;
   73         repealing s. 494.0033, F.S., relating to a mortgage
   74         broker license; amending s. 494.00331, F.S.;
   75         prohibiting a loan originator from being employed or
   76         contracting with more than one mortgage broker or
   77         mortgage lender; repealing s. 494.0034, F.S., relating
   78         to renewal of mortgage broker license; amending s.
   79         494.0035, F.S.; providing for the management of a
   80         mortgage broker by a principal loan originator and a
   81         branch office by a loan originator; providing minimum
   82         requirements; amending s. 494.0036, F.S.; revising
   83         provisions relating to the licensure of a mortgage
   84         broker's branch office; increasing the fees for such
   85         license; amending s. 494.0038, F.S.; revising
   86         provisions relating to loan origination and mortgage
   87         broker fees; creating s. 494.00385, F.S.; providing
   88         for loan modification fees; providing requirements and
   89         limitations; amending s. 494.0039, F.S.; conforming
   90         terms; amending s. 494.004, F.S.; revising provisions
   91         relating to licensees; providing for registry
   92         requirements; deleting obsolete provisions; amending
   93         s. 494.0041, F.S.; revising provisions relating to
   94         administrative fines and penalties; providing
   95         additional grounds for assessing fines and penalties;
   96         amending s. 494.0042, F.S.; providing for loan
   97         originator fees; conforming terms; amending ss.
   98         494.00421 and 494.0043, F.S.; conforming terms;
   99         amending s. 494.006, F.S.; revising provisions
  100         relating to who is exempt from mortgage lender
  101         licensing and regulation; repealing s. 494.0061, F.S.,
  102         relating to mortgage lender license requirements;
  103         creating s. 494.00611, F.S.; providing for the
  104         licensure of mortgage lenders; providing license
  105         application requirements; providing grounds for
  106         license denial; requiring the denial of a license
  107         under certain circumstances; requiring the commission
  108         to adopt rules establishing time periods for barring
  109         licensure for certain misdemeanors and felonies;
  110         requiring licenses to be renewed annually by a certain
  111         date; creating s. 494.00612, F.S.; providing for the
  112         renewal of a mortgage lender license; repealing s.
  113         494.0062, F.S., relating to correspondent mortgage
  114         lender license requirements; amending s. 494.0063,
  115         F.S.; requiring a mortgage lender to obtain an annual
  116         financial audit report and submit a copy to the office
  117         within certain time periods; repealing s. 494.0064,
  118         F.S., relating to renewal of mortgage lender license;
  119         repealing s. 494.0065, F.S., relating to certain
  120         licenses and registrations that were converted into
  121         mortgage lender licenses; amending s. 494.0066, F.S.;
  122         revising provisions relating to a mortgage lender
  123         branch office license; increasing the fees for such
  124         license; creating s. 494.00665, F.S.; providing for a
  125         principal loan originator and branch manager for a
  126         mortgage lender; providing requirements and
  127         limitations; amending s. 494.0067, F.S.; revising
  128         requirements of mortgage lenders; providing for
  129         registry requirements; deleting obsolete provisions;
  130         amending ss. 494.0068, 494.0069, 494.007, and
  131         494.0071, F.S.; conforming terms; amending s.
  132         494.0072, F.S.; revising provisions relating to
  133         administrative fines and penalties; providing
  134         additional grounds for assessing fines and penalties;
  135         amending ss. 494.00721, 494.0073, 494.0075, 494.0077,
  136         and 501.1377 F.S.; conforming terms; providing for the
  137         termination of mortgage business school licenses;
  138         providing for the expiration of mortgage brokerage
  139         business licenses, mortgage broker licenses, and
  140         correspondent mortgage lender licenses; providing for
  141         applying for applying for a mortgage broker license
  142         and a loan originator license by a certain date;
  143         providing for the transfer of a mortgage lender
  144         licenses; providing for a one-time $50 registry fee to
  145         be imposed on new licensees; providing effective
  146         dates.
  147         
  148  Be It Enacted by the Legislature of the State of Florida:
  149         
  150         Section 1. Section 494.001, Florida Statutes, is amended to
  151  read:
  152         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  153  term:
  154         (1) “Act as a correspondent mortgage lender” means to make
  155  a mortgage loan.
  156         (2) “Act as a loan originator” means being employed by a
  157  mortgage lender or correspondent mortgage lender, for
  158  compensation or gain or in the expectation of compensation or
  159  gain, to negotiate, offer to negotiate, or assist any licensed
  160  or exempt entity in negotiating the making of a mortgage loan,
  161  including, but not limited to, working with a licensed or exempt
  162  entity to structure a loan or discussing terms and conditions
  163  necessary for the delivery of a loan product. A natural person
  164  whose activities are ministerial and clerical, which may include
  165  quoting available interest rates, is not acting as a loan
  166  originator.
  167         (3) “Act as a mortgage broker” means, for compensation or
  168  gain, or in the expectation of compensation or gain, either
  169  directly or indirectly, accepting or offering to accept an
  170  application for a mortgage loan, soliciting or offering to
  171  solicit a mortgage loan on behalf of a borrower, negotiating or
  172  offering to negotiate the terms or conditions of a mortgage loan
  173  on behalf of a lender, or negotiating or offering to negotiate
  174  the sale of an existing mortgage loan to a noninstitutional
  175  investor. An employee whose activities are ministerial and
  176  clerical, which may include quoting available interest rates or
  177  loan terms and conditions, is not acting as a mortgage broker.
  178         (4) “Act as a mortgage lender” means to make a mortgage
  179  loan or to service a mortgage loan for others or, for
  180  compensation or gain, or in the expectation of compensation or
  181  gain, either directly or indirectly, to sell or offer to sell a
  182  mortgage loan to a noninstitutional investor.
  183         (5) “Associate” means a person required to be licensed as a
  184  mortgage broker under this chapter who is employed by or acting
  185  as an independent contractor for a mortgage brokerage business
  186  or a person acting as an independent contractor for a mortgage
  187  lender or correspondent mortgage lender. The use of the term
  188  associate, in contexts other than in the administration of ss.
  189  494.003-494.0077, shall not be construed to impose or effect the
  190  common-law or statutory liability of the employer.
  191         (1)(6) “Branch manager broker” means the licensed loan
  192  originator licensee in charge of, and responsible for, the
  193  operation of the a branch office of a mortgage broker or
  194  mortgage lender brokerage business.
  195         (2)(7) “Branch office” means a location, other than a
  196  mortgage broker's or mortgage lender's licensee's principal
  197  place of business:
  198         (a) The address of which appears on business cards,
  199  stationery, or advertising used by the licensee in connection
  200  with business conducted under this chapter;
  201         (b) At which the licensee's name, advertising or
  202  promotional materials, or signage suggest that mortgage loans
  203  are originated, negotiated, funded, or serviced; or
  204         (c) At which, due to the actions of any employee or
  205  associate of the licensee, may be construed by the public as a
  206  branch office of the licensee where mortgage loans are
  207  originated, negotiated, funded, or serviced by a licensee.
  208         (3)(8) “Commission” means the Financial Services
  209  Commission.
  210         (4)(9) “Control person” means an individual, partnership,
  211  corporation, trust, or other organization that possesses the
  212  power, directly or indirectly, to direct the management or
  213  policies of a company, whether through ownership of securities,
  214  by contract, or otherwise. Control person includes, but is not
  215  limited to A person is presumed to control a company if, with
  216  respect to a particular company, that person:
  217         (a) A company’s executive officers, including the
  218  president, chief executive officer, chief financial officer,
  219  chief operations officer, chief legal officer, chief compliance
  220  officer, director, and other individuals with similar status or
  221  functions.
  222         (b) For a corporation, each shareholder that, directly or
  223  indirectly, owns 10 percent or more or that has the power to
  224  vote 10 percent or more, of a class of voting securities unless
  225  the applicant is a publicly-traded company.
  226         (c)For a partnership, all general partners and limited or
  227  special partners that have contributed 10 percent or more or
  228  that have the right to receive, upon dissolution, 10 percent or
  229  more of the partnership’s capital.
  230         (d)For a trust, each trustee.
  231         (e)For a limited liability company, all elected managers
  232  and those members that have contributed 10 percent or more or
  233  that have the right to receive, upon dissolution, 10 percent or
  234  more of the partnership’s capital.
  235         (f)Principal loan originators.
  236         (5)“Depository institution” has the same meaning as in s.
  237  (3)(c) of the Federal Deposit Insurance Act, and includes any
  238  credit union.
  239         (a) Is a director, general partner, or officer exercising
  240  executive responsibility or having similar status or functions;
  241         (b) Directly or indirectly may vote 10 percent or more of a
  242  class of voting securities or sell or direct the sale of 10
  243  percent or more of a class of voting securities; or
  244         (c) In the case of a partnership, may receive upon
  245  dissolution or has contributed 10 percent or more of the
  246  capital.
  247         (10) “Office” means the Office of Financial Regulation of
  248  the commission.
  249         (11) “Employed” means engaged in the service of another for
  250  salary or wages subject to withholding, FICA, or other lawful
  251  deductions by the employer as a condition of employment.
  252         (12) “Employee” means a natural person who is employed and
  253  who is subject to the right of the employer to direct and
  254  control the actions of the employee.
  255         (13) “Good standing” means that the registrant or licensee,
  256  or a subsidiary or affiliate thereof, is not, at the time of
  257  application, being penalized for one or more of the following
  258  disciplinary actions by a licensing authority of any state,
  259  territory, or country:
  260         (a) Revocation of a license or registration.
  261         (b) Suspension of a license or registration.
  262         (c) Probation of a license or registration for an offense
  263  involving fraud, dishonest dealing, or an act of moral
  264  turpitude.
  265         (6)“Financial audit report” means a report prepared in
  266  connection with a financial audit that is conducted in
  267  accordance with generally accepted auditing standards prescribed
  268  by the American Institute of Certified Public Accountants by a
  269  certified public accountant licensed to do business in the
  270  United States, and which must include:
  271         (a)Financial statements, including notes related to the
  272  financial statements and required supplementary information,
  273  prepared in conformity with accounting principles generally
  274  accepted in the United States.
  275         (b)An expression of opinion regarding whether the
  276  financial statements are presented in conformity with accounting
  277  principles generally accepted in the United States, or an
  278  assertion to the effect that such an opinion cannot be expressed
  279  and the reasons.
  280         (7)(14) “Institutional investor” means a depository
  281  institution state or national bank, state or federal savings and
  282  loan association or savings bank, real estate investment trust,
  283  insurance company, real estate company, accredited investor as
  284  defined in 17 C.F.R. ss. 230.501 et seq., mortgage broker or
  285  mortgage lender business licensed under this chapter ss.
  286  494.001-494.0077, or other business entity that invests in
  287  mortgage loans, including a secondary mortgage market
  288  institution including, without limitation, the Federal National
  289  Mortgage Association, the Federal Home Loan Mortgage
  290  Corporation, and the Government National Mortgage Association,
  291  conduits, investment bankers, and any subsidiary of such
  292  entities.
  293         (8)(15) “Loan commitment” or “commitment” means a statement
  294  by the lender setting forth the terms and conditions upon which
  295  the lender is willing to make a particular mortgage loan to a
  296  particular borrower.
  297         (9)“Loan modification” means a modification to an existing
  298  loan. The term does not include a refinancing transaction.
  299         (10)“Loan origination fee” means the total compensation
  300  from any source received by a mortgage broker acting as a loan
  301  originator. Any payment for processing mortgage loan
  302  applications must be included in the fee and must be paid to the
  303  mortgage broker.
  304         (11)“Loan originator” means an individual who is an
  305  employee of, or contracts with, a mortgage broker or a mortgage
  306  lender, and who, directly or indirectly, solicits or offers to
  307  solicit a mortgage loan, accepts or offers to accept an
  308  application for a mortgage loan, negotiates or offers to
  309  negotiate the terms or conditions of a new or existing mortgage
  310  loan on behalf of a borrower or lender, processes a mortgage
  311  loan application, or negotiates or offers to negotiate the sale
  312  of an existing mortgage loan to a noninstitutional investor for
  313  compensation or gain. The term includes the activities of a loan
  314  originator as that term is defined in the S.A.F.E. Mortgage
  315  Licensing Act of 2008, and an individual acting as a loan
  316  originator pursuant to that definition is acting as a loan
  317  originator for purposes of this definition. The term does not
  318  include:
  319         (a)An employee of a loan originator who performs only
  320  administrative or clerical tasks on behalf of a loan originator.
  321  The term “administrative or clerical tasks” means the receipt,
  322  collection, and distribution of information for the processing
  323  or underwriting of a mortgage loan and communication with a
  324  consumer to obtain information necessary for the processing or
  325  underwriting of a mortgage loan.
  326         (b)A loan processor or underwriter who does not represent
  327  to the public, through advertising or other means of
  328  communicating or providing information, including the use of
  329  business cards, stationery, brochures, signs, rate lists, or
  330  other promotional items, that he or she can or will perform any
  331  of the activities of a loan originator.
  332         (12)“Loan processor or underwriter” means an individual
  333  who performs clerical or support duties at the direction of, and
  334  subject to, the supervision and instruction of a state-licensed
  335  loan originator or a registered loan originator. The term
  336  “clerical or support duties” may include the receipt,
  337  collection, distribution, and analysis of information for the
  338  processing or underwriting of a mortgage loan, and communication
  339  with a consumer to obtain the information necessary for the
  340  processing or underwriting of a loan, to the extent that such
  341  communication does not include offering or negotiating loan
  342  rates or terms, or counseling consumers about mortgage loan
  343  rates or terms.
  344         (13)(16) “Lock-in agreement” means an agreement whereby the
  345  lender guarantees for a specified number of days or until a
  346  specified date the availability of a specified rate of interest
  347  or specified formula by which the rate of interest will be
  348  determined or and/or specific number of discount points will be
  349  given, if the loan is approved and closed within the stated
  350  period of time.
  351         (14)(17) “Making Make a mortgage loan” means to close a
  352  mortgage loan in a person's name; or to advance funds, offer to
  353  advance funds, or make a commitment to advance funds to an
  354  applicant for a mortgage loan; or to provide funds in a table
  355  funded transaction.
  356         (15)“Mortgage broker” means a person conducting loan
  357  originator activities through one or more licensed loan
  358  originators employed by the mortgage broker or as independent
  359  contractors to the mortgage broker.
  360         (18) “Mortgage brokerage fee” means a fee received for
  361  acting as a mortgage broker.
  362         (19) “Mortgage brokerage business” means a person acting as
  363  a mortgage broker.
  364         (16)“Mortgage lender” means a person making a mortgage
  365  loan, servicing a mortgage loan for others, or providing funds
  366  in a table-funded transaction.
  367         (17)(20) “Mortgage loan” means any:
  368         (a) Residential mortgage loan primarily for personal,
  369  family, or household use which is secured by a mortgage, deed of
  370  trust, or other equivalent consensual security interest on a
  371  dwelling, as defined in s. 103(v) of the federal Truth in
  372  Lending Act, or for the purchase of residential real estate upon
  373  which a dwelling is to be constructed;
  374         (b) Loan on commercial real property if the borrower is a
  375  natural person or the lender is a noninstitutional investor; or
  376         (c) Loan on improved real property consisting of five or
  377  more dwelling units if the borrower is a natural person or the
  378  lender is a noninstitutional investor.
  379         (18)“Mortgage loan application” means the submission of a
  380  borrower's financial information in anticipation of a credit
  381  decision, whether written or computer-generated, relating to
  382  obtaining a mortgage loan for specified property. If the
  383  submission does not state or identify a specific property, the
  384  submission is an application for a prequalification and not a
  385  mortgage loan application under this part. The subsequent
  386  addition of an identified property to the submission converts
  387  the submission to a mortgage loan application.
  388         (19)(21) “Net worth” means total assets minus total
  389  liabilities pursuant to United States generally accepted
  390  accounting principles.
  391         (20)(22) “Noninstitutional investor” means an investor
  392  other than an institutional investor.
  393         (23) “Nonresidential mortgage loan” means a mortgage loan
  394  other than a residential mortgage loan.
  395         (21) “Office” means the Office of Financial Regulation.
  396         (22)(24) “Person” has the same meaning as in s. 1.01 means
  397  an individual, partnership, corporation, association, or other
  398  group, however organized.
  399         (25) “Principal broker” means a licensee in charge of, and
  400  responsible for, the operation of the principal place of
  401  business and all branch brokers.
  402         (23) “Principal loan originator” means the licensed loan
  403  originator in charge of, and responsible for, the operation of a
  404  mortgage lender or mortgage broker, including all of the
  405  activities of the mortgage lender’s or mortgage broker’s loan
  406  originators and branch managers, whether employees or
  407  independent contractors.
  408         (24)(26) “Principal place of business” means a mortgage
  409  broker's or mortgage lender's licensee's primary business
  410  office, the street address, or physical location that of which
  411  is designated on the application for licensure or any amendment
  412  to such application.
  413         (25)“Registered” means a loan originator who is employed
  414  by a depository institution, by a subsidiary that is owned and
  415  controlled by a depository institution and regulated by a
  416  federal banking agency, or by an institution regulated by the
  417  Farm Credit Administration, and who is registered with and
  418  maintains a unique identifier through the registry.
  419         (26)“Registry” means the Nationwide Mortgage Licensing
  420  System and Registry,” which is the mortgage licensing system
  421  developed and maintained by the Conference of State Bank
  422  Supervisors and the American Association of Residential Mortgage
  423  Regulators for the licensing and registration of loan
  424  originators.
  425         (27) “Residential mortgage loan” means any mortgage or
  426  other security instrument secured by improved real property
  427  consisting of no more than four dwelling units.
  428         (27)(28) “Servicing Service a mortgage loan” means to
  429  receive, or cause to be received, or transferred for another,
  430  installment payments of principal, interest, or other payments
  431  pursuant to a mortgage loan.
  432         (28)(29) “Substantial fault of the borrower” means that the
  433  borrower:
  434         (a) Failed to provide information or documentation required
  435  by the lender or broker in a timely manner;
  436         (b) Provided information, in the application or
  437  subsequently, which upon verification proved to be significantly
  438  inaccurate, causing the need for review or further investigation
  439  by the lender or broker;
  440         (c) Failed to produce by no later than the date specified
  441  by the lender all documentation specified in the commitment or
  442  closing instructions as being required for closing; or
  443         (d) Failed to be ready, willing, or able to close the loan
  444  by no later than the date specified by the lender or broker.
  445         For purposes of this definition, a borrower is considered
  446  to have provided information or documentation in a timely manner
  447  if such information and documentation was received by the lender
  448  within 7 days after the borrower received a request for same,
  449  and information is considered significantly inaccurate if the
  450  correct information materially affects the eligibility of the
  451  borrower for the loan for which application is made.
  452         (29)“Table-funded loan” means a transaction in which a
  453  mortgage broker closes a loan in the mortgage broker's own name
  454  with funds provided by others, and the loan is simultaneously
  455  assigned to the mortgage lender providing the funding.
  456         (30) “Ultimate equitable owner” means a natural person who,
  457  directly or indirectly, owns or controls an ownership interest
  458  in a corporation, a foreign corporation, an alien business
  459  organization, or any other form of business organization,
  460  regardless of whether such natural person owns or controls such
  461  ownership interest through one or more natural persons or one or
  462  more proxies, powers of attorney, nominees, corporations,
  463  associations, partnerships, trusts, joint stock companies, or
  464  other entities or devices, or any combination thereof.
  465         (31) “Principal representative” means an individual who
  466  operates the business operations of a licensee under part III.
  467         (32) “Mortgage loan application” means a submission of a
  468  borrower's financial information in anticipation of a credit
  469  decision, whether written or computer-generated, relating to a
  470  mortgage loan. If the submission does not state or identify a
  471  specific property, the submission is an application for a
  472  prequalification and not an application for a mortgage loan
  473  under this part. The subsequent addition of an identified
  474  property to the submission converts the submission to an
  475  application for a mortgage loan.
  476         (33) “Mortgage brokerage fee” means the total compensation
  477  to be received by a mortgage brokerage business for acting as a
  478  mortgage broker.
  479         (34) “Business day” means any calendar day except Sunday or
  480  a legal holiday.
  481         Section 2. Section 494.0011, Florida Statutes, is amended
  482  to read:
  483         494.0011 Powers and duties of the commission and office.—
  484         (1) The office shall be responsible for the administration
  485  and enforcement of ss. 494.001-494.0077.
  486         (2) The commission may adopt rules pursuant to ss.
  487  120.536(1) and 120.54 To administer implement ss. 494.001
  488  494.0077,. the commission may adopt rules:
  489         (a) Requiring electronic submission of any forms,
  490  documents, or fees required by this act if such rules reasonably
  491  accommodate technological or financial hardship.
  492         (b)Relating to compliance with the S.A.F.E. Mortgage
  493  Licensing Act of 2008, including rules to:
  494         1.Require loan originators, mortgage brokers, mortgage
  495  lenders, and branch offices to register through the registry.
  496         2.Require the use of uniform forms that have been approved
  497  by the registry, and any subsequent amendments to such forms if
  498  the forms are substantially in compliance with the provisions of
  499  this chapter. Uniform forms that the commission may adopt
  500  include, but are not limited to:
  501         a.Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  502         b.Uniform Mortgage Biographical Statement & Consent Form,
  503  MU2.
  504         c.Uniform Mortgage Branch Office Form, MU3.
  505         d.Uniform Individual Mortgage License/Registration &
  506  Consent Form, MU4.
  507         3.Require the filing of forms, documents, and fees in
  508  accordance with the requirements of the registry.
  509         4.Prescribe requirements for amending or surrendering a
  510  license or other activities as the commission deems necessary
  511  for the office's participation in the registry.
  512         5.Prescribe procedures that allow a licensee to challenge
  513  information contained in the registry.
  514         6.Prescribe procedures for reporting violations of this
  515  chapter and disciplinary actions on licensees to the registry.
  516  The commission may prescribe by rule requirements and procedures
  517  for obtaining an exemption due to a technological or financial
  518  hardship. The commission may also adopt rules to accept
  519  certification of compliance with requirements of this act in
  520  lieu of requiring submission of documents.
  521         (3) Except as provided in s. 492.00172, all fees, charges,
  522  and fines collected pursuant to ss. 494.001-494.0077 shall be
  523  deposited in the State Treasury to the credit of the Regulatory
  524  Trust Fund of under the office.
  525         (4)The office may participate in the registry and shall
  526  regularly report to the registry violations of this chapter,
  527  disciplinary actions, and other information deemed relevant by
  528  the office under this chapter.
  529         (4)(a) The office has the power to issue and to serve
  530  subpoenas and subpoenas duces tecum to compel the attendance of
  531  witnesses and the production of all books, accounts, records,
  532  and other documents and materials relevant to an examination or
  533  investigation. The office, or its duly authorized
  534  representative, has the power to administer oaths and
  535  affirmations to any person.
  536         (b) The office may, in its discretion, seek subpoenas or
  537  subpoenas duces tecum from any court of competent jurisdiction
  538  commanding the appearance of witnesses and the production of
  539  books, accounts, records, and other documents or materials at a
  540  time and place named in the subpoenas; and any authorized
  541  representative of the office may serve any subpoena.
  542         (5)(a) In the event of substantial noncompliance with a
  543  subpoena or subpoena duces tecum issued or caused to be issued
  544  by the office, the office may petition the circuit court or any
  545  other court of competent jurisdiction of the county in which the
  546  person subpoenaed resides or has its principal place of business
  547  for an order requiring the subpoenaed person to appear and
  548  testify and to produce such books, accounts, records, and other
  549  documents as are specified in the subpoena duces tecum. The
  550  court may grant injunctive relief restraining the person from
  551  advertising, promoting, soliciting, entering into, offering to
  552  enter into, continuing, or completing any mortgage loan
  553  transaction or mortgage loan servicing transaction. The court
  554  may grant such other relief, including, but not limited to, the
  555  restraint, by injunction or appointment of a receiver, of any
  556  transfer, pledge, assignment, or other disposition of the
  557  person's assets or any concealment, alteration, destruction, or
  558  other disposition of books, accounts, records, or other
  559  documents and materials as the court deems appropriate, until
  560  the person has fully complied with the subpoena duces tecum and
  561  the office has completed its investigation or examination. In
  562  addition, the court may order the refund of any fees collected
  563  in a mortgage loan transaction whenever books and documents
  564  substantiating the transaction are not produced or cannot be
  565  produced. The office is entitled to the summary procedure
  566  provided in s. 51.011, and the court shall advance such cause on
  567  its calendar. Attorney's fees and any other costs incurred by
  568  the office to obtain an order granting, in whole or part, a
  569  petition for enforcement of a subpoena or subpoena duces tecum
  570  shall be taxed against the subpoenaed person, and failure to
  571  comply with such order is a contempt of court.
  572         (b) When it appears to the office that the compliance with
  573  a subpoena or subpoena duces tecum issued or caused to be issued
  574  by the office pursuant to this section is essential and
  575  otherwise unavailable to an investigation or examination, the
  576  office, in addition to the other remedies provided for in this
  577  section, may apply to the circuit court or any other court of
  578  competent jurisdiction of the county in which the subpoenaed
  579  person resides or has its principal place of business for a writ
  580  of ne exeat. The court shall thereupon direct the issuance of
  581  the writ against the subpoenaed person requiring sufficient bond
  582  conditioned on compliance with the subpoena or subpoena duces
  583  tecum. The court shall cause to be endorsed on the writ a
  584  suitable amount of bond upon the payment of which the person
  585  named in the writ shall be freed, having a due regard to the
  586  nature of the case.
  587         (c) Alternatively, the office may seek a writ of attachment
  588  from the court having jurisdiction over the person who has
  589  refused to obey a subpoena, who has refused to give testimony,
  590  or who has refused to produce the matters described in the
  591  subpoena duces tecum.
  592         (6) The grant or denial of any license under this chapter
  593  must be in accordance with s. 120.60.
  594         Section 3. Section 494.00121, Florida Statutes, is created
  595  to read:
  596         494.00121Subpoenas.—
  597         (1)The office may:
  598         (a)Issue and serve subpoenas and subpoenas duces tecum to
  599  compel the attendance of witnesses and the production of all
  600  books, accounts, records, and other documents and materials
  601  relevant to an examination or investigation conducted by the
  602  office. The office, or its authorized representative, may
  603  administer oaths and affirmations to any person.
  604         (b) Seek subpoenas or subpoenas duces tecum from any court
  605  to command the appearance of witnesses and the production of
  606  books, accounts, records, and other documents or materials at a
  607  time and place named in the subpoenas, and an authorized
  608  representative of the office may serve such subpoena.
  609         (2) If there is substantial noncompliance with a subpoena
  610  or subpoena duces tecum issued by the office, the office may
  611  petition the court in the county where the person subpoenaed
  612  resides or has his or her principal place of business for an
  613  order requiring the person to appear, testify, or produce such
  614  books, accounts, records, and other documents as are specified
  615  in the subpoena or subpoena duces tecum.
  616         (a)The court may grant injunctive relief restraining the
  617  person from advertising, promoting, soliciting, entering into,
  618  offering to enter into, continuing, or completing a mortgage
  619  loan or servicing a mortgage loan.
  620         (b)The court may grant such other relief, including, but
  621  not limited to, the restraint, by injunction or appointment of a
  622  receiver, of any transfer, pledge, assignment, or other
  623  disposition of the person's assets or any concealment,
  624  alteration, destruction, or other disposition of books,
  625  accounts, records, or other documents and materials as the court
  626  deems appropriate, until the person has fully complied with the
  627  subpoena duces tecum and the office has completed its
  628  investigation or examination.
  629         (c)The court may order the refund of any fees collected in
  630  a mortgage loan transaction if books and documents
  631  substantiating the transaction are not produced or cannot be
  632  produced.
  633         (d) If it appears to the office that compliance with a
  634  subpoena or subpoena duces tecum issued is essential and
  635  otherwise unavailable to an investigation or examination, the
  636  office may apply to the court for a writ of ne exeat pursuant to
  637  s. 68.02.
  638         (e)The office may seek a writ of attachment to obtain all
  639  books, accounts, records, and other documents and materials
  640  relevant to an examination or investigation.
  641         (3)The office is entitled to the summary procedure
  642  provided in s. 51.011, and the court shall advance such cause on
  643  its calendar. Attorney's fees and any other costs incurred by
  644  the office to obtain an order granting, in whole or in part, a
  645  petition for enforcement of a subpoena or subpoena duces tecum
  646  shall be taxed against the subpoenaed person, and failure to
  647  comply with such order is a contempt of court.
  648         Section 4. Section 494.0014, Florida Statutes, is amended
  649  to read:
  650         494.0014 Cease and desist orders; administrative fines;
  651  refund orders; administrative fines.—
  652         (1) The office may has the power to issue and serve upon
  653  any person an order to cease and desist and to take corrective
  654  action if whenever it has reason to believe the person is
  655  violating, has violated, or is about to violate any provision of
  656  ss. 494.001-494.0077, any rule or order issued under ss.
  657  494.001-494.0077, or any written agreement between the person
  658  and the office. All procedural matters relating to issuance and
  659  enforcement of such a cease and desist order are governed by the
  660  Administrative Procedure Act.
  661         (2) The office may has the power to order the refund of any
  662  fee directly or indirectly assessed and charged on a mortgage
  663  loan transaction which is unauthorized or exceeds the maximum
  664  fee specifically authorized in ss. 494.001-494.0077, or any
  665  amount collected for the payment of third-party fees which
  666  exceeds the cost of the service provided.
  667         (3) The office may prohibit the association by a mortgage
  668  broker business, or the employment by a mortgage lender or
  669  correspondent mortgage lender, of any person who has engaged in
  670  a pattern of misconduct while an associate of a mortgage
  671  brokerage business or an employee of a mortgage lender or
  672  correspondent mortgage lender. For the purpose of this
  673  subsection, the term “pattern of misconduct” means the
  674  commission of three or more violations of ss. 494.001-494.0077
  675  or the provisions of chapter 494 in effect prior to October 1,
  676  1991, during any 1-year period or any criminal conviction for
  677  violating ss. 494.001-494.0077 or the provisions of chapter 494
  678  in effect prior to October 1, 1991.
  679         (3)(4) The office may impose an administrative fine of:
  680         (a)Up to $25,000 upon any person who makes or brokers a
  681  loan, or any mortgage business school, a fine for each separate
  682  violation violations of any provision of ss. 494.001-494.0077
  683  ss. 494.001-494.00295 or any rule or order issued under those
  684  sections ss. 494.001-494.00295 in an amount not exceeding $5,000
  685  for each separate count or offense.
  686         (b)Up to $1,000 per day, but not to exceed $25,0000
  687  cumulatively, for each day that an unlicensed person acts as a
  688  loan originator, a mortgage broker, or a mortgage lender. The
  689  office may also impose an administrative fine of up to $1000 per
  690  day, but not to exceed $25,0000 cumulatively, for each day that
  691  a mortgage broker or mortgage lender conducts business at an
  692  unlicensed branch office.
  693         Section 5. Section 494.00165, Florida Statutes, is amended
  694  to read:
  695         494.00165 Prohibited advertising; record requirements.—
  696         (1) It is a violation of this chapter for any person to:
  697         (a) Advertise that an applicant shall will have unqualified
  698  access to credit without disclosing the what material
  699  limitations on the availability of such credit exist. Such
  700  Material limitations include, but are not limited to, the
  701  percentage of down payment required, that a higher rate or
  702  points could be required, or that restrictions on as to the
  703  maximum principal amount of the loan offered could apply.
  704         (b) Advertise a mortgage loan at an expressed interest rate
  705  unless the advertisement specifically states that the expressed
  706  rate could change or not be available at commitment or closing.
  707         (c) Advertise mortgage loans, including rates, margins,
  708  discounts, points, fees, commissions, or other material
  709  information, including material limitations on such loans,
  710  unless the such person is able to make such mortgage loans
  711  available to a reasonable number of qualified applicants.
  712         (d) Falsely advertise or misuse names indicating a federal
  713  agency pursuant to 18 U.S.C. s. 709.
  714         (e)Engage in unfair, deceptive, or misleading advertising
  715  regarding mortgage loans, brokering services, or lending
  716  services.
  717         (2) Each person required to be licensed under this chapter
  718  must shall maintain a record of samples of each of its
  719  advertisements, including commercial scripts of each radio or
  720  television broadcast, for examination by the office for a period
  721  of 2 years after the date of publication or broadcast.
  722         Section 6. Section 494.0017, Florida Statutes, is repealed.
  723         Section 7. Section 494.00172, Florida Statutes, is created
  724  to read:
  725         494.00172 Mortgage Guaranty Trust Fund; payment of fees
  726  and claims.—A nonrefundable fee is imposed on each application
  727  for a mortgage broker, mortgage lender, or loan originator
  728  license and on each annual application for a renewal of such
  729  license. For a loan originator, the initial and renewal fee is
  730  $20. For mortgage brokers and lenders, the initial and renewal
  731  fee is $100. This fee is in addition to the regular application
  732  or renewal fee assessed and shall be deposited into the Mortgage
  733  Guaranty Trust Fund of the office for the payment of claims in
  734  accordance with this section.
  735         (1)If the amount in the trust fund exceeds $5 million, the
  736  additional $100 fee shall be discontinued and may not be
  737  reimposed until the fund is reduced to below $1 million pursuant
  738  to disbursements made in accordance with this section.
  739         (2)A borrower in a mortgage loan transaction is eligible
  740  to seek recovery from the trust fund if all of the following
  741  conditions are met:
  742         (a)The borrower has recorded a final judgment issued by a
  743  state court wherein the cause of action against a licensee under
  744  this chapter was based on a violation of this chapter and the
  745  damages were the result of that violation.
  746         (b)The borrower has caused a writ of execution to be
  747  issued upon such judgment, and the officer executing the
  748  judgment has made a return showing that no personal or real
  749  property of the judgment debtor liable to be levied upon in
  750  satisfaction of the judgment can be found or that the amount
  751  realized on the sale of the judgment debtor's property pursuant
  752  to such execution is insufficient to satisfy the judgment.
  753         (c)The borrower has made all reasonable searches and
  754  inquiries to ascertain whether the judgment debtor possesses
  755  real or personal property or other assets subject to being sold
  756  or applied in satisfaction of the judgment, and has discovered
  757  no such property or assets; or he or she has discovered property
  758  and assets and has taken all necessary action and proceedings
  759  for the application thereof to the judgment, but the amount
  760  realized is insufficient to satisfy the judgment.
  761         (d)The borrower has applied any amounts recovered from the
  762  judgment debtor, or from any other source, to the damages
  763  awarded by the court.
  764         (e)The borrower, at the time the action was instituted,
  765  gave notice and provided a copy of the complaint to the office
  766  by certified mail. The requirement of a timely giving of notice
  767  may be waived by the office upon a showing of good cause.
  768         (f)The act for which recovery is sought occurred on or
  769  after January 1, 2010.
  770         (3)The requirements of subsection (2) are not applicable
  771  if the licensee upon which the claim is sought has filed for
  772  bankruptcy or has been adjudicated bankrupt. However, the
  773  claimant must file a proof of claim in the bankruptcy
  774  proceedings and must notify the office by certified mail of the
  775  claim by enclosing a copy of the proof of claim and all
  776  supporting documents.
  777         (4)Any person who meets all of the conditions in
  778  subsection (2) may apply to the office for payment from the
  779  trust fund equal to the unsatisfied portion of that person's
  780  judgment or $50,000, whichever is less, but only to the extent
  781  and amount reflected in the judgment as being for actual or
  782  compensatory damages. Actual or compensatory damages may not
  783  include post-judgment interest.
  784         (a)A borrower may not collect more than $50,000 from the
  785  trust fund for any claim regardless of the number of licensees
  786  liable for the borrower’s damages.
  787         (b)Payments for claims are limited in the aggregate to
  788  $250,000 against any one licensee under this chapter. If the
  789  total claims exceed the aggregate limit of $250,000, the office
  790  shall prorate payments based on the ratio that a claim bears to
  791  the total claims filed.
  792         (c)Payments shall be made to all persons meeting the
  793  requirements of subsection (2) 2 years after the date the first
  794  complete and valid notice is received by the office. Persons who
  795  give notice after 2 years and who otherwise comply with the
  796  conditions precedent to recovery may recover from any remaining
  797  portion of the $250,000 aggregate as provided in this
  798  subsection, with claims being paid in the order notice was
  799  received until the $250,000 aggregate has been disbursed.
  800         (d)The claimant shall assign his right, title, and
  801  interest in the judgment, to the extent of his recovery from the
  802  fund, to the office and shall record, at his own expense, the
  803  assignment of judgment in every county where the judgment is
  804  recorded.
  805         (e)If the money in the fund is insufficient to satisfy any
  806  valid claim or portion thereof, the office shall satisfy such
  807  unpaid claim or portion as soon as a sufficient amount of money
  808  has been deposited in the trust fund. If there is more than one
  809  unsatisfied claim outstanding, such claims shall be paid in the
  810  order in which the claims were filed with the office.
  811         (f)The payment of any amount from the fund in settlement
  812  of a claim or in satisfaction of a judgment against a licensee
  813  constitutes prima facie grounds for the revocation of the
  814  license.
  815         Section 8. Section 494.0018, Florida Statutes, is amended
  816  to read:
  817         494.0018 Penalties.—
  818         (1) Whoever knowingly violates any provision of s.
  819  494.0042(1)(e), (f), or (g) s. 494.0041(2)(e), (f), or (g); s.
  820  494.0072(1)(e), (f), or (g) s. 494.0072(2)(e), (f), or (g); or
  821  s. 494.0025(1), (2), (3), (4), or (5), except as provided in
  822  subsection (2) of this section, commits is guilty of a felony of
  823  the third degree, punishable as provided in s. 775.082, s.
  824  775.083, or s. 775.084. Each such violation constitutes a
  825  separate offense.
  826         (2) Any person convicted of a violation of any provision of
  827  ss. 494.001-494.0077, in which violation the total value of
  828  money and property unlawfully obtained exceeds exceeded $50,000
  829  and there were five or more victims, commits is guilty of a
  830  felony of the first degree, punishable as provided in s.
  831  775.082, s. 775.083, or s. 775.084.
  832         Section 9. Section 494.0019, Florida Statutes, is amended
  833  to read:
  834         494.0019 Liability in case of unlawful transaction.—
  835         (1) If a mortgage loan transaction is made in violation of
  836  any provision of ss. 494.001-494.0077, the person making the
  837  transaction and every licensee, director, or officer who
  838  participated in making the transaction are jointly and severally
  839  liable to every party to the transaction in an action for
  840  damages incurred by the party or parties.
  841         (2) A person is not liable under this section upon a
  842  showing that such person's licensees, officers, and directors
  843  who participated in making the mortgage loan transaction, if
  844  any, acted in good faith and without knowledge and, with the
  845  exercise of due diligence, could not have known of the act
  846  committed in violation of ss. 494.001-494.0077.
  847         Section 10. Section 494.002, Florida Statutes, is amended
  848  to read:
  849         494.002 Statutory or common-law remedies.—Sections Nothing
  850  in ss. 494.001-494.0077 do not limit limits any statutory or
  851  common-law right of any person to bring any action in any court
  852  for any act involved in the mortgage loan business or the right
  853  of the state to punish any person for any violation of any law.
  854         Section 11. Section 494.0023, Florida Statutes, is amended
  855  to read:
  856         494.0023 Conflicting interest.—
  857         (1) If, in a mortgage transaction, a licensee has a
  858  conflicting interest as specified in subsection (2):
  859         (a) The type of conflicting interest shall be fully and
  860  fairly disclosed;.
  861         (b) The licensee shall inform the borrower in writing that
  862  a financial benefit may be received by the licensee as a result
  863  of the conflicting interest; and.
  864         (c) The borrower shall be informed that alternative sources
  865  may be chosen by the borrower to provide any required services.
  866  The following language must be included contained in 12-point
  867  type in any agreement between a mortgage broker, mortgage
  868  lender, or correspondent mortgage lender and a borrower in
  869  substantially this form:
  870         You are not required to purchase additional products or
  871  services from any person or entity suggested or recommended by
  872  (Broker/Lender/Correspondent Lender). However, the
  873  (Broker/Lender/Correspondent Lender) hereby reserves the right
  874  to approve the entity selected by the borrower, which approval
  875  may not be unreasonably withheld.
  876         (2) A licensee has a conflicting interest if:
  877         (a) The licensee or the licensee's relative provides the
  878  borrower with additional products or services;
  879         (b) The licensee or licensee's relative, either directly or
  880  indirectly, owns, controls, or holds with power to vote, or
  881  holds proxies representing, 1 10 percent or more of any class of
  882  equity securities or other beneficial interest in the such
  883  person providing the additional products or services;
  884         (c) The person providing the additional products or
  885  services, either directly or indirectly, owns, controls, or
  886  holds the power to vote, or holds proxies representing, 1 10
  887  percent or more of any class of equity securities or other
  888  beneficial interest in the licensee;
  889         (d) A holding company, either directly or indirectly, owns,
  890  controls, or holds with power to vote, or holds proxies
  891  representing, 1 10 percent or more of any class of equity
  892  securities or other beneficial interest in both the licensee and
  893  the person providing the additional products or services;
  894         (e) One or more persons, or such person's relative, sits as
  895  an officer or director, or performs similar functions as an
  896  officer or director, for both the licensee and the person
  897  providing the additional products or services; or
  898         (f) The licensee or the licensee's relative sits as an
  899  officer or director, or performs similar functions as an officer
  900  or director, of the person providing the additional products or
  901  services.
  902         (3) As used in this section, the term “relative” of any
  903  natural person means any of the following persons, whether by
  904  the full or half blood or by adoption:
  905         (a) Such person's spouse, father, mother, children,
  906  brothers, and sisters.
  907         (b) The father, mother, brothers, and sisters of such
  908  person's spouse.
  909         (c) The spouses of children, brothers, or sisters of such
  910  person.
  911         Section 12. Section 494.0025, Florida Statutes, is amended
  912  to read:
  913         494.0025 Prohibited practices.—It is unlawful for any
  914  person:
  915         (1) To act as a mortgage lender in this state without a
  916  current, active license issued by the office pursuant to part
  917  III of this chapter ss. 494.006-494.0077.
  918         (2) To act as a loan originator correspondent mortgage
  919  lender in this state without a current, active license issued by
  920  the office pursuant to part II of this chapter ss. 494.006
  921  494.0077.
  922         (3) To act as a mortgage broker in this state without a
  923  current, active license issued by the office pursuant to part II
  924  of this chapter ss. 494.003-494.0043.
  925         (4) In any practice or transaction or course of business
  926  relating to the sale, purchase, negotiation, promotion,
  927  advertisement, or hypothecation of mortgage loan transactions,
  928  directly or indirectly:
  929         (a) To knowingly or willingly employ any device, scheme, or
  930  artifice to defraud;
  931         (b) To engage in any transaction, practice, or course of
  932  business which operates as a fraud upon any person in connection
  933  with the purchase or sale of any mortgage loan; or
  934         (c) To obtain property by fraud, willful misrepresentation
  935  of a future act, or false promise.
  936         (5) In any matter within the jurisdiction of the office, to
  937  knowingly and willfully falsify, conceal, or cover up by a
  938  trick, scheme, or device a material fact, make any false or
  939  fraudulent statement or representation, or make or use any false
  940  writing or document, knowing the same to contain any false or
  941  fraudulent statement or entry.
  942         (6) To violate s. 655.922(2), subject to ss. 494.001
  943  494.0077.
  944         (7) Who is required to be licensed under ss. 494.006
  945  494.0077, to fail to report to the office the failure to meet
  946  the net worth requirements of s. 494.0061, s. 494.0062, or s.
  947  494.0065 within 48 hours after the person's knowledge of such
  948  failure or within 48 hours after the person should have known of
  949  such failure.
  950         (7)(8) To pay a fee or commission in any mortgage loan
  951  transaction to any person or entity other than a licensed
  952  mortgage broker brokerage business, mortgage lender, or
  953  correspondent mortgage lender, operating under an active
  954  license, or a person exempt from licensure under this chapter.
  955         (8)(9) To record a mortgage brokerage agreement or any
  956  other document, not rendered by a court of competent
  957  jurisdiction, which purports to enforce the terms of the
  958  mortgage brokerage agreement.
  959         (9)(10) To use the name or logo of a financial institution,
  960  as defined in s. 655.005(1), or its affiliates or subsidiaries
  961  when marketing or soliciting existing or prospective customers
  962  if such marketing materials are used without the written consent
  963  of the financial institution and in a manner that would lead a
  964  reasonable person to believe that the material or solicitation
  965  originated from, was endorsed by, or is related to or the
  966  responsibility of the financial institution or its affiliates or
  967  subsidiaries.
  968         (10)Subject to investigation or examination under this
  969  chapter, to knowingly alter, withhold, conceal, or destroy any
  970  books, records, computer records, or other information relating
  971  to a person’s activities which subject the person to the
  972  jurisdiction of this chapter.
  973         Section 13. Section 494.0028, Florida Statutes, is amended
  974  to read:
  975         494.0028 Arbitration.—
  976         (1) This section applies to any mortgage broker brokerage
  977  agreement, servicing agreement, loan application, or purchase
  978  agreement that which provides for arbitration between:
  979         (a) A noninstitutional investor and a mortgage lender
  980  servicing or correspondent mortgage lender to service a mortgage
  981  loan.
  982         (b) A borrower and a mortgage broker brokerage business,
  983  mortgage lender, or correspondent mortgage lender to obtain a
  984  mortgage loan.
  985         (c) A noninstitutional investor and a mortgage broker
  986  brokerage business, mortgage lender, or correspondent mortgage
  987  lender to fund or purchase a mortgage loan.
  988         (2) All agreements subject to this section must shall
  989  provide that, at the voluntary election of the noninstitutional
  990  investor or borrower, disputes shall be handled by either a
  991  court of competent jurisdiction or by binding arbitration.
  992         (3) All agreements subject to this section must shall
  993  provide the noninstitutional investor or borrower with the
  994  option to elect arbitration before the American Arbitration
  995  Association or other independent nonindustry arbitration forum.
  996  Any other nonindustry arbitration forum may apply to the office
  997  to allow such forum to provide arbitration services. The office
  998  shall grant the application if the applicant's fees, practices,
  999  and procedures do not materially differ from those of the
 1000  American Arbitration Association.
 1001         (4) At the election of the noninstitutional investor or
 1002  borrower, venue shall be in the county in which the
 1003  noninstitutional investor or borrower entered into the agreement
 1004  or at a business location of the mortgage broker or brokerage
 1005  business, mortgage lender, or correspondent lender.
 1006         (5) Any fees or charges must be in accordance with shall be
 1007  made as provided in the rules of the American Arbitration
 1008  Association or other approved nonindustry arbitration forum and
 1009  may shall not be set in the agreement.
 1010         (6) Any election made under this section is shall be
 1011  irrevocable.
 1012         (7) This section may shall not be construed to require an
 1013  agreement that which is subject to this section to contain an
 1014  arbitration clause.
 1015         Section 14. Sections 494.0029 and 494.00295, Florida
 1016  Statutes, are repealed.
 1017         Section 15. The Division of Statutory Revision is requested
 1018  to rename part II of chapter 494, Florida Statutes, consisting
 1019  of ss. 494.003-491.0043, Florida Statutes, as “Mortgage Brokers
 1020  and Loan Originators.”
 1021         Section 16. Effective July 1, 2009, section 494.003,
 1022  Florida Statutes, is amended to read:
 1023         494.003 Exemptions.—
 1024         (1) None of The following persons are not is subject to the
 1025  requirements of this part ss. 494.003-494.0043:
 1026         (a) Any person operating exclusively as a registered loan
 1027  originator in accordance with the S.A.F.E. Mortgage Licensing
 1028  Act of 2008 licensed under ss. 494.006-494.0077, except as
 1029  provided in s. 494.0073.
 1030         (b) A depository institution; subsidiaries that are owned
 1031  and controlled by a depository institution and regulated by the
 1032  Board of Governors of the Federal Reserve System, the
 1033  Comptroller of the Currency, the Director of the Office of
 1034  Thrift Supervision, the National Credit Union Administration, or
 1035  the Federal Deposit Insurance Corporation; and institutions
 1036  regulated by the Farm Credit Administration state or federal
 1037  chartered bank, trust company, savings and loan association,
 1038  savings bank or credit union, bank holding company regulated
 1039  under the laws of any state or the United States, or consumer
 1040  finance company licensed pursuant to chapter 516.
 1041         (c) A wholly owned bank holding company subsidiary or a
 1042  wholly owned savings and loan association holding company
 1043  subsidiary formed and regulated under the laws of any state or
 1044  the United States that is approved or certified by the
 1045  Department of Housing and Urban Development, the Veterans
 1046  Administration, the Government National Mortgage Association,
 1047  the Federal National Mortgage Association, or the Federal Home
 1048  Loan Mortgage Corporation.
 1049         (c)(d) The Federal National Mortgage Association;, the
 1050  Federal Home Loan Mortgage Corporation; any agency of the
 1051  Federal Government; any state, county, or municipal government;
 1052  or any quasi-governmental agency that acts in such capacity
 1053  under the specific authority of the laws of any state or the
 1054  United States.
 1055         (d)A licensed attorney who negotiates the terms of a
 1056  mortgage loan on behalf of a client as an ancillary matter to
 1057  the attorney's representation of the client, unless the attorney
 1058  is compensated by a mortgage lender, a mortgage broker, or a
 1059  loan originator or by the agent of such lender, broker, or
 1060  originator.
 1061         (e) Any person licensed to practice law in this state, not
 1062  actively and principally engaged in the business of negotiating
 1063  loans secured by real property, when such person renders
 1064  services in the course of her or his practice as an attorney at
 1065  law.
 1066         (2) None of the following persons is required to be
 1067  licensed under ss. 494.003-494.0043:
 1068         (a) An insurance company duly licensed in this state when
 1069  dealing with its clients in the normal course of its insurance
 1070  business.
 1071         (b) A federally licensed small business investment company.
 1072         (c) A securities dealer registered under the provisions of
 1073  s. 517.12, when dealing with its corporate or individual clients
 1074  in the normal course of its securities business.
 1075         (d) Any person acting in a fiduciary capacity conferred by
 1076  authority of any court.
 1077         (e) A wholly owned subsidiary of a state or federal
 1078  chartered bank or savings and loan association the sole activity
 1079  of which is to distribute the lending programs of such state or
 1080  federal chartered bank or savings and loan association to
 1081  persons who arrange loans for, or make loans to, borrowers.
 1082         (2)(3) It is not necessary to negate any of the exemptions
 1083  provided in this section in any complaint, information,
 1084  indictment, or other writ or proceeding brought under ss.
 1085  494.001-494.0077. The burden of establishing the right to an any
 1086  such exemption is upon the party claiming the benefit of the
 1087  exemption.
 1088         Section 17. Section 494.0031, Florida Statutes, is
 1089  repealed.
 1090         Section 18. Section 494.00312, Florida Statutes, is created
 1091  to read:
 1092         494.00312Mortgage broker license.—
 1093         (1)Each person who acts as a mortgage broker must be
 1094  licensed in accordance with this section.
 1095         (2)To apply for a mortgage broker license the applicant
 1096  must:
 1097         (a)Submit a completed license application form as
 1098  prescribed by commission rule.
 1099         (b)Designate a qualified principal loan originator who
 1100  meets the requirement of s. 494.0035 on the application form.
 1101         (c)Submit a nonrefundable application fee of $625, and the
 1102  $100 nonrefundable fee required by s. 494.0017. Application fees
 1103  may not be prorated for partial years of licensure.
 1104         (d)Submit a complete set of fingerprints for each of the
 1105  applicant’s control persons to:
 1106         1.The registry for a federal criminal history check. If
 1107  the registry is not processing fingerprints at the time the
 1108  application is submitted, the Department of Law Enforcement
 1109  shall forward the fingerprints submitted pursuant to
 1110  subparagraph 2. to the Federal Bureau of Investigation for
 1111  processing.
 1112         2.The office for a state criminal history check. The
 1113  office may contract with a third-party vendor that provides live
 1114  scan fingerprinting in lieu of a paper fingerprint card. All
 1115  fingerprints shall be submitted to the Department of Law
 1116  Enforcement and entered into the statewide automated fingerprint
 1117  identification system established in s. 943.05(2)(b) and
 1118  available for use in accordance with s. 943.05(2)(g). The cost
 1119  of fingerprinting shall be borne by the applicant.
 1120         (e)Authorize the registry to obtain an independent credit
 1121  report on each of the applicant’s control persons from a
 1122  consumer reporting agency, and transmit or provide access to the
 1123  report to the office. The cost of the credit report shall be
 1124  borne by the applicant.
 1125         (f)Submit additional information or documentation
 1126  requested by the office and required by rule concerning the
 1127  applicant or a control person of the applicant. Additional
 1128  information may include documentation of pending and prior
 1129  disciplinary and criminal history events, including arrest
 1130  reports and certified copies of charging documents, plea
 1131  agreements, judgments and sentencing documents, documents
 1132  relating to pretrial intervention, orders terminating probation
 1133  or supervised release, final administrative agency orders, or
 1134  other comparable documents that may provide the office with the
 1135  appropriate information to determine eligibility for licensure.
 1136         (g)Submit any other information required by the registry
 1137  for the processing of the application.
 1138         (3)An application is considered received for the purposes
 1139  of s. 120.60 upon the office's receipt of all documentation from
 1140  the registry including the completed application form, criminal
 1141  history information, and credit history information, as well as
 1142  the nonrefundable license application fees and all applicable
 1143  fingerprinting processing fees.
 1144         (4)The office shall issue a mortgage broker license to
 1145  each person who is not otherwise ineligible and who meets the
 1146  requirements of this section. However, it is a ground for denial
 1147  of licensure if the applicant or one of the applicant’s control
 1148  persons:
 1149         (a)Has committed any violation specified in ss. 494.001
 1150  494.0077, or is the subject of a pending felony criminal
 1151  prosecution or a prosecution or an administrative enforcement
 1152  action, in any jurisdiction, that involves fraud, dishonesty,
 1153  breach of trust, money laundering, or any other act of moral
 1154  turpitude.
 1155         (b)Demonstrates a lack of financial responsibility,
 1156  character, and general fitness which would fail to command the
 1157  confidence of the community and to warrant a determination that
 1158  the mortgage broker will operate honestly, fairly, and
 1159  efficiently. For purposes of this paragraph, a person has shown
 1160  that he or she is not financially responsible if he or she has
 1161  shown a disregard in the management of his or her own financial
 1162  condition, which may include, but is not limited to:
 1163         1.Current outstanding judgments, except judgments
 1164  resulting solely from medical expenses;
 1165         2.Current outstanding tax liens or other government liens
 1166  and filings;
 1167         3.Foreclosures within the past 3 years; or
 1168         4.A pattern of seriously delinquent accounts within the
 1169  past 3 years.
 1170         (5)The office shall deny a license if the applicant has
 1171  had a mortgage broker license, or its equivalent, revoked in any
 1172  jurisdiction, or any of the applicant’s control persons has had
 1173  a loan originator license, or its equivalent, revoked in any
 1174  jurisdiction.
 1175         (6)The commission shall, by rule, establish time periods
 1176  during which an applicant is barred from licensure due to prior
 1177  criminal convictions of, or guilty or nolo contendre pleas by,
 1178  any of the applicant’s control persons, regardless of
 1179  adjudication.
 1180         (a)The rules must provide:
 1181         1.Permanent bars for felonies involving fraud, dishonesty,
 1182  breach of trust, or money laundering;
 1183         2.A 15-year disqualifying period for felonies involving
 1184  moral turpitude;
 1185         3.A 7-year period for all other felonies; and
 1186         4.A 5-year period for misdemeanors involving fraud,
 1187  dishonesty, or any other act of moral turpitude.
 1188         (b)The rule may also provide for mitigating factors, an
 1189  additional waiting period due to dates of imprisonment or
 1190  community supervision, an additional waiting period due to the
 1191  commitment of multiple crimes, and other factors reasonably
 1192  related to the applicant’s criminal history. An applicant is not
 1193  eligible for licensure until the expiration of the disqualifying
 1194  period set by rule. Section 112.011 is not applicable to
 1195  eligibility for licensure under this part.
 1196         (7)A mortgage broker license may be withdrawn pursuant to
 1197  s. 120.60 if it was issued through mistake or inadvertence of
 1198  the office. A license must be reinstated if the applicant can
 1199  demonstrate that the requirements for obtaining the license
 1200  under this chapter have been satisfied.
 1201         (8)All mortgage broker licenses must be renewed annually
 1202  by December 31 pursuant to s. 494.00321. If a person holding an
 1203  active mortgage broker license has not applied to renew the
 1204  license annually on or before December 31, the mortgage broker
 1205  license expires on December 31. If a person holding an active
 1206  mortgage broker license has applied to renew the license on or
 1207  before December 31, the mortgage broker license remains active
 1208  until the renewal application is approved or denied. A mortgage
 1209  broker may not be precluded from reapplying for licensure upon
 1210  expiration of a previous license.
 1211         Section 19. Section 494.0032, Florida Statutes, is
 1212  repealed.
 1213         Section 20. Section 494.00321, Florida Statutes, is created
 1214  to read:
 1215         494.00321Mortgage broker license renewal.—
 1216         (1) To renew a mortgage broker license, a mortgage broker
 1217  must:
 1218         (a)Submit a completed license renewal form as prescribed
 1219  by commission rule.
 1220         (b)Submit a nonrefundable renewal fee of $625, and the
 1221  $100 nonrefundable fee required by s. 494.0017.
 1222         (c)Submit a complete set of fingerprints in accordance
 1223  with s. 494.00312(2)(c) for any new control persons who have not
 1224  been screened.
 1225         (d)Authorize the registry to obtain an independent credit
 1226  report on each of the applicant’s control persons from a
 1227  consumer reporting agency, and transmit or provide access to the
 1228  report to the office. The cost of the credit report shall be
 1229  borne by the applicant.
 1230         (e)Submit any additional information or documentation
 1231  requested by the office and required by rule concerning the
 1232  applicant or a control person of the applicant. Additional
 1233  information may include documentation of pending and prior
 1234  disciplinary and criminal history events, including arrest
 1235  reports and certified copies of charging documents, plea
 1236  agreements, judgments and sentencing documents, documents
 1237  relating to pretrial intervention, orders terminating probation
 1238  or supervised release, final administrative agency orders, or
 1239  other comparable documents that may provide the office with the
 1240  appropriate information to determine eligibility for licensure.
 1241         (2)The office may not renew a mortgage broker license
 1242  unless the licensee continues to meet the minimum requirements
 1243  for initial licensure pursuant to s. 494.00312 and adopted rule.
 1244         Section 21. Section 494.00323, Florida Statutes, is created
 1245  to read:
 1246         494.00323Loan originator license.—
 1247         (1)An individual who acts as a loan originator must be
 1248  licensed under this section.
 1249         (2)To apply for loan originator license, an applicant
 1250  must:
 1251         (a)Be at least 18 years of age and have a high school
 1252  diploma or its equivalent.
 1253         (b)Complete a 20-hour prelicensing class approved by the
 1254  registry.
 1255         (c)Pass a written test developed by the registry and
 1256  administered by a provider approved by the registry.
 1257         (d)Submit a completed license application form as
 1258  prescribed by commission rule.
 1259         (e)Submit a nonrefundable renewal fee of $285, and the $20
 1260  nonrefundable fee required by s. 494.0017. Application fees may
 1261  not be prorated for partial years of licensure.
 1262         (f)Submit a complete set of fingerprints to:
 1263         1.The registry for a federal criminal history check. If
 1264  the registry is not processing fingerprints at the time the
 1265  application is submitted, the Department of Law Enforcement
 1266  shall forward the fingerprints submitted pursuant to
 1267  subparagraph 2. to the Federal Bureau of Investigation for
 1268  processing.
 1269         2.The office for a state criminal history check. The
 1270  office may contract with a third-party vendor that provides live
 1271  scan fingerprinting in lieu of a paper fingerprint card. All
 1272  fingerprints shall be submitted to the Department of Law
 1273  Enforcement and entered into the statewide automated fingerprint
 1274  identification system established in s. 943.05(2)(b) and
 1275  available for use in accordance with s. 943.05(2)(g). The cost
 1276  of fingerprinting shall be borne by the applicant.
 1277         (g)Authorize the registry to obtain an independent credit
 1278  report on the applicant from a consusmer reporting agency, and
 1279  transmit or provide access to the report to the office. The cost
 1280  of the credit report shall be borne by the applicant.
 1281         (h)Submit additional information or documentation
 1282  requested by the office and required by rule concerning the
 1283  applicant. Additional information may include documentation of
 1284  pending and prior disciplinary and criminal history events,
 1285  including arrest reports and certified copies of charging
 1286  documents, plea agreements, judgments and sentencing documents,
 1287  documents relating to pretrial intervention, orders terminating
 1288  probation or supervised release, final administrative agency
 1289  orders, or other comparable documents that may provide the
 1290  office with the appropriate information to determine eligibility
 1291  for licensure.
 1292         (i)Submit any other information required by the registry
 1293  for the processing of the application.
 1294         (3)An application is considered received for the purposes
 1295  of s. 120.60 upon the office's receipt of all documentation from
 1296  the registry including the completed application form,
 1297  documentation of completion of the pre-licensure class, test
 1298  results, criminal history information, and credit history
 1299  information, as well as the nonrefundable license application
 1300  fees and all applicable fingerprinting processing fees.
 1301         (4)The office shall issue a loan originator license to
 1302  each person who is not otherwise ineligible and who meets the
 1303  requirements of this section. However, it is a ground for denial
 1304  of licensure if the applicant:
 1305         (a)Has committed any violation specified in ss. 494.001
 1306  494.0077, or is the subject of a pending felony criminal
 1307  prosecution or a prosecution or an administrative enforcement
 1308  action, in any jurisdiction, which involves fraud, dishonesty,
 1309  breach of trust, money laundering, or any other act of moral
 1310  turpitude.
 1311         (b)Demonstrates a lack of financial responsibility,
 1312  character, and general fitness which would fail to command the
 1313  confidence of the community and to warrant a determination that
 1314  the loan originator will operate honestly, fairly, and
 1315  efficiently. For purposes of this paragraph, a person has shown
 1316  that he or she is not financially responsible if he or she has
 1317  shown a disregard in the management of his or her own financial
 1318  condition which may include, but is not limited to:
 1319         1.Current outstanding judgments, except judgments
 1320  resulting solely from medical expenses;
 1321         2.Current outstanding tax liens or other government liens
 1322  and filings;
 1323         3.Foreclosures within the past 3 years; or
 1324         4.A pattern of seriously delinquent accounts within the
 1325  past 3 years.
 1326         (5)The office may not issue a license to an applicant who
 1327  has had a loan originator license or its equivalent revoked in
 1328  any jurisdiction.
 1329         (6)The commission shall, by rule, establish time periods
 1330  during which an applicant is barred from licensure due to prior
 1331  criminal convictions of, or guilty or nolo contendre pleas by,
 1332  any of the applicant’s control persons, regardless of
 1333  adjudication.
 1334         (a)The rules must provide:
 1335         1.Permanent bars for felonies involving fraud, dishonesty,
 1336  breach of trust, or money laundering;
 1337         2.A 15-year disqualifying period for felonies involving
 1338  moral turpitude;
 1339         3.A 7-year period for all other felonies; and
 1340         4.A 5-year period for misdemeanors involving fraud,
 1341  dishonesty, or any other act of moral turpitude.
 1342         (b)The rule may also provide for mitigating factors, an
 1343  additional waiting period due to dates of imprisonment or
 1344  community supervision, an additional waiting period due to the
 1345  commitment of multiple crimes, and other factors reasonably
 1346  related to the applicant’s criminal history. The rule may not
 1347  provide standards that are less rigorous than those set forth in
 1348  the S.A.F.E. Mortgage Licensing Act of 2008. An applicant is not
 1349  eligible for licensure until the expiration of the disqualifying
 1350  period set by rule. Section 112.011 is not applicable to
 1351  eligibility for licensure under this part.
 1352         (7)A loan originator license may be withdrawn pursuant to
 1353  s. 120.60 if it was issued through mistake or inadvertence of
 1354  the office. A license must be reinstated if the applicant can
 1355  demonstrate that the requirements for obtaining the license
 1356  under this chapter have been satisfied.
 1357         (8)All loan originator licenses must be renewed annually
 1358  by December 31 pursuant to s. 494.00324. If a person holding a
 1359  loan originator license has not applied to renew the license on
 1360  or before December 31, the loan originator license expires on
 1361  December 31. If a person holding an active loan originator
 1362  license has applied to renew the license on or before December
 1363  31, the loan originator license remains active until the renewal
 1364  application is approved or denied. A loan originator may not be
 1365  precluded from reapplying for licensure upon expiration of a
 1366  previous license.
 1367         Section 22. Section 494.00324, Florida Statutes, is created
 1368  to read:
 1369         494.00324Loan originator license renewal.—
 1370         (1)To renew a loan originator license, a loan originator
 1371  must:
 1372         (a)Submit a completed license renewal form as prescribed
 1373  by commission rule.
 1374         (b)Submit a nonrefundable renewal fee of $285 and the $20
 1375  nonrefundable fee required by s. 494.0017.
 1376         (c)Submit a complete set of fingerprints in accordance
 1377  with s. 494.00323(2)(e).
 1378         (d)Provide documentation of completion of at least 8 hours
 1379  of continuing education in courses reviewed and approved by the
 1380  registry.
 1381         (e)Authorize the registry to obtain an independent credit
 1382  report on the applicant from a consumer reporting agency, and
 1383  transmit or provide access to the report to the office. The cost
 1384  of the credit report shall be borne by the applicant.
 1385         (f)Submit any additional information or documentation
 1386  requested by the office and required by rule concerning the
 1387  licensee. Additional information may include documentation of
 1388  pending and prior disciplinary and criminal history events,
 1389  including arrest reports and certified copies of charging
 1390  documents, plea agreements, judgments and sentencing documents,
 1391  documents relating to pretrial intervention, orders terminating
 1392  probation or supervised release, final administrative agency
 1393  orders, or other comparable documents that may provide the
 1394  office with the appropriate information to determine eligibility
 1395  for licensure.
 1396         (2)The office may not renew a loan originator license
 1397  unless the loan originator continues to meet the minimum
 1398  standards for initial license issuance pursuant to s. 494.00323
 1399  and adopted rule.
 1400         Section 23. Section 494.0033, Florida Statutes, is
 1401  repealed.
 1402         Section 24. Section 494.00331, Florida Statutes, is amended
 1403  to read:
 1404         494.00331 Prohibition against multiple employers Mortgage
 1405  broker association.—A loan originator may not be employed by or
 1406  contract with more than one mortgage broker or mortgage lender,
 1407  or either simultaneously. No person required to be licensed as a
 1408  mortgage broker under this chapter shall be simultaneously an
 1409  associate of more than one licensed mortgage brokerage business,
 1410  licensed mortgage lender, or licensed correspondent mortgage
 1411  lender.
 1412         Section 25. Section 494.0034, Florida Statutes, is
 1413  repealed.
 1414         Section 26. Section 494.0035, Florida Statutes, is amended
 1415  to read:
 1416         494.0035 Principal loan originator broker and branch
 1417  manager for mortgage broker requirements.—
 1418         (1) Each mortgage broker brokerage business must be
 1419  operated by a principal loan originator who shall have a
 1420  principal broker who shall operate the business under such
 1421  broker's full charge, control, and supervision of the mortgage
 1422  broker business. The principal loan originator must have been
 1423  licensed as a loan originator broker must have been a licensed
 1424  mortgage broker pursuant to s. 494.0033 for at least 1 year
 1425  before prior to being designated as the a principal loan
 1426  originator broker, or must shall demonstrate to the satisfaction
 1427  of the office that he or she such principal broker has been
 1428  actively engaged in a mortgage broker-related mortgage-related
 1429  business for at least 1 year before prior to being designated as
 1430  a principal loan originator broker. Each mortgage broker must
 1431  keep the office informed of the person designated as the
 1432  principal loan originator as prescribed by commission rule
 1433  brokerage business shall maintain a form as prescribed by the
 1434  commission indicating the business's designation of principal
 1435  broker and the individual's acceptance of such responsibility.
 1436  If the designation is inaccurate, the business shall be deemed
 1437  to be operated under form is unavailable, inaccurate, or
 1438  incomplete, it is deemed that the business was operated in the
 1439  full charge, control, and supervision of by each officer,
 1440  director, or ultimate equitable owner of a 10-percent or greater
 1441  interest in the mortgage broker brokerage business, or any other
 1442  person in a similar capacity. A loan originator may not be a
 1443  principal loan originator for more than one mortgage broker at
 1444  any given time.
 1445         (2) Each branch office of a mortgage broker brokerage
 1446  business must be operated by a have a designated branch manager
 1447  broker who shall have operate the business under such broker's
 1448  full charge, control, and supervision of the branch office. The
 1449  designated branch manager broker must be a licensed loan
 1450  originator mortgage broker pursuant to s. 494.00323 s. 494.0033.
 1451  Each branch office must keep the office informed of the person
 1452  designated as the branch manager as prescribed by commission
 1453  rule, which includes documentation of shall maintain a form as
 1454  prescribed by the commission logging the branch's designation of
 1455  a branch broker and the individual's acceptance of such
 1456  responsibility. If the designation is inaccurate, the branch
 1457  office shall be deemed to be operated under form is unavailable,
 1458  inaccurate, or incomplete, it is deemed that the branch was
 1459  operated in the full charge, control, and supervision of by each
 1460  officer, director, or ultimate equitable owner of a 10-percent
 1461  or greater interest in the mortgage broker brokerage business,
 1462  or any other person in a similar capacity.
 1463         Section 27. Section 494.0036, Florida Statutes, is amended
 1464  to read:
 1465         494.0036 Mortgage broker branch office license brokerage
 1466  business branch offices.—
 1467         (1) Each branch office of a mortgage broker must be
 1468  licensed under this section. A mortgage brokerage business
 1469  branch office license is required for each branch office
 1470  maintained by a mortgage brokerage business.
 1471         (2) The office shall issue a mortgage broker brokerage
 1472  business branch office license to a mortgage broker brokerage
 1473  business licensee after the office determines that the licensee
 1474  has submitted a completed application for a branch office in a
 1475  form as prescribed by commission rule and payment of an initial
 1476  nonrefundable branch office license fee of $350, and the $100
 1477  nonrefundable fee required by s. 494.0017 $225. Application fees
 1478  may not be prorated for partial years of licensure. The branch
 1479  office license shall be issued in the name of the mortgage
 1480  broker brokerage business that maintains the branch office. An
 1481  application is considered received for purposes of s. 120.60
 1482  upon receipt of a completed application form as prescribed by
 1483  commission rule, and the required fees a nonrefundable
 1484  application fee of $225, and any other fee prescribed by law.
 1485         (3)A branch office license must be renewed at the time of
 1486  renewing the mortgage broker license under s. 494.00321.
 1487         Section 28. Section 494.0038, Florida Statutes, is amended
 1488  to read:
 1489         494.0038 Loan origination and mortgage broker fees and
 1490  Mortgage broker disclosures.—
 1491         (1)(a)1. A loan origination fee may not be paid person may
 1492  not receive a mortgage brokerage fee except pursuant to a
 1493  written mortgage broker brokerage agreement between the mortgage
 1494  broker brokerage business and the borrower which is signed and
 1495  dated by each loan originator responsible for providing loan
 1496  origination services, the principal loan originator or branch
 1497  manager, the business and the borrower. If the principal loan
 1498  originator or branch manager is the only licensed loan
 1499  originator responsible for providing loan origination services,
 1500  only his or signature is required.
 1501         (a)2. The written mortgage broker brokerage agreement must
 1502  describe the services to be provided by the mortgage broker
 1503  brokerage business and specify the amount and terms of the loan
 1504  origination mortgage brokerage fee that the mortgage broker
 1505  brokerage business is to receive.
 1506         1.Except for application and third-party fees, all fees
 1507  received by a mortgage broker from a borrower must be identified
 1508  as a loan origination fee.
 1509         2.All fees on the mortgage broker agreement must be
 1510  disclosed in dollar amounts.
 1511         3.All loan origination fees must be paid to a mortgage
 1512  broker.
 1513         (b) The written mortgage brokerage agreement must be
 1514  executed within 3 business days after a mortgage loan
 1515  application is accepted if the borrower is present when the
 1516  mortgage loan application is accepted. If the borrower is not
 1517  present when such an application is accepted, the licensee shall
 1518  forward the written mortgage brokerage agreement to the borrower
 1519  within 3 business days after the licensee's acceptance of the
 1520  application and the licensee bears the burden of proving that
 1521  the borrower received and approved the written mortgage
 1522  brokerage agreement.
 1523         (2)(b)1. If the mortgage broker brokerage business is to
 1524  receive any payment of any kind from the mortgage lender, the
 1525  maximum total dollar amount of the payment must be disclosed to
 1526  the borrower in the written mortgage brokerage agreement as
 1527  described in paragraph (1)(a). The commission may prescribe by
 1528  rule an acceptable form for disclosure of brokerage fees
 1529  received from the lender. The mortgage brokerage agreement must
 1530  state the nature of the relationship with the lender, describe
 1531  how compensation is paid by the lender, and describe how the
 1532  mortgage interest rate affects the compensation paid to the
 1533  mortgage broker brokerage business.
 1534         (a)2. The exact amount of any payment of any kind by the
 1535  lender to the mortgage broker brokerage business must be
 1536  disclosed in writing to the borrower within 3 business days
 1537  after the mortgage broker brokerage business is made aware of
 1538  the exact amount of the payment from the lender but not less
 1539  than 3 business days before the execution of the closing or
 1540  settlement statement. The licensee bears the burden of proving
 1541  such notification was provided to the borrower. Notification is
 1542  waived if the exact amount of the payment is accurately
 1543  disclosed in the written mortgage broker agreement.
 1544         (b)(c) The commission may prescribe by rule the form of
 1545  disclosure of brokerage fees.
 1546         (3)(2) At the time a written mortgage brokerage agreement
 1547  is signed executed by the borrower or forwarded to the borrower
 1548  for signature execution, or at the time the mortgage broker
 1549  brokerage business accepts an application fee, credit report
 1550  fee, property appraisal fee, or any other third-party fee, but
 1551  at least not less than 3 business days before execution of the
 1552  closing or settlement statement, the mortgage broker brokerage
 1553  business shall disclose in writing to any applicant for a
 1554  mortgage loan the following information:
 1555         (a) That the such mortgage broker brokerage business may
 1556  not make mortgage loans or commitments. The mortgage broker
 1557  brokerage business may make a commitment and may furnish a lock
 1558  in of the rate and program on behalf of the lender if when the
 1559  mortgage broker brokerage business has obtained a written
 1560  commitment or lock-in for the loan from the lender on behalf of
 1561  the borrower for the loan. The commitment must be in the same
 1562  form and substance as issued by the lender.
 1563         (b) That the such mortgage broker brokerage business cannot
 1564  guarantee acceptance into any particular loan program or promise
 1565  any specific loan terms or conditions.
 1566         (c) A good faith estimate, signed and dated by the
 1567  borrower, which discloses the total amount of each of the fees
 1568  which the borrower may reasonably expect to pay if the loan is
 1569  closed, including, but not limited to, fees earned by the
 1570  mortgage broker brokerage business, lender fees, third-party
 1571  fees, and official fees, together with the terms and conditions
 1572  for obtaining a refund of such fees, if any. Any amount
 1573  collected in excess of the actual cost shall be returned within
 1574  60 days after rejection, withdrawal, or closing. The good faith
 1575  estimate must identify the recipient of all payments charged the
 1576  borrower and, except for all fees to be received by the mortgage
 1577  broker brokerage business, may be disclosed in generic terms,
 1578  such as, but not limited to, paid to lender, appraiser,
 1579  officials, title company, or any other third-party service
 1580  provider. This requirement does not supplant or is not a
 1581  substitute for the written mortgage brokerage agreement
 1582  described in subsection (1).
 1583         (4)(3) The disclosures required by this subsection must be
 1584  furnished in writing at the time an adjustable rate mortgage
 1585  loan is offered to the borrower and whenever the terms of the
 1586  adjustable rate mortgage loan offered materially change prior to
 1587  closing. The mortgage broker shall furnish the disclosures
 1588  relating to adjustable rate mortgages in a format prescribed by
 1589  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 1590  of the Federal Reserve System, as amended; its commentary, as
 1591  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 1592  1601 et seq., as amended; together with the Consumer Handbook on
 1593  Adjustable Rate Mortgages, as amended; published by the Federal
 1594  Reserve Board and the Federal Home Loan Bank Board. The licensee
 1595  bears the burden of proving such disclosures were provided to
 1596  the borrower.
 1597         (5)(4) If the mortgage brokerage agreement includes a
 1598  nonrefundable application fee, the following requirements are
 1599  applicable:
 1600         (a) The amount of the application fee, which must be
 1601  clearly denominated as such, must shall be clearly disclosed.
 1602         (b) The specific services that will be performed in
 1603  consideration for the application fee must shall be disclosed.
 1604         (c) The application fee must be reasonably related to the
 1605  services to be performed and may not be based upon a percentage
 1606  of the principal amount of the loan or the amount financed.
 1607         (6)(5) A mortgage broker brokerage business may not accept
 1608  any fee in connection with a mortgage loan other than an
 1609  application fee, credit report fee, property appraisal fee, or
 1610  other third-party fee prior to obtaining a written commitment
 1611  from a qualified lender.
 1612         (7)(6) Any third-party fee entrusted to a mortgage broker
 1613  must brokerage business shall immediately, upon receipt, be
 1614  placed into a segregated account with a financial institution
 1615  located in the state the accounts of which are insured by the
 1616  Federal Government. Such funds shall be held in trust for the
 1617  payor and shall be kept in the account until disbursement. Such
 1618  funds may be placed in one account if adequate accounting
 1619  measures are taken to identify the source of the funds.
 1620         (7) All mortgage brokerage fees shall be paid to a mortgage
 1621  brokerage business licensee.
 1622         (8)A mortgage broker may not pay a commission to any
 1623  person not licensed pursuant to this chapter.
 1624         (9)(8) This section does not prohibit a mortgage broker
 1625  brokerage business from offering products and services, in
 1626  addition to those offered in conjunction with the loan
 1627  origination process, for a fee or commission.
 1628         Section 29. Section 494.00385, Florida Statutes, is created
 1629  to read:
 1630         494.00385Loan modification fees.—
 1631         (1)A fee for negotiating a mortgage loan modification may
 1632  not be paid except pursuant to a written agreement between the
 1633  loan originator and the borrower. The written agreement must
 1634  specify the amount of the fee that will be charged to the
 1635  borrower, specify the terms of the mortgage loan for which
 1636  modification will be sought, and disclose the expected impact of
 1637  the loan modification on the monthly payment and length of the
 1638  loan.
 1639         (2)A loan modification may not be executed without the
 1640  consent of the borrower after the borrower is made aware of each
 1641  modified term.
 1642         (3)Fees charged for negotiating a loan modification may
 1643  not be received until after the loan modification is completed,
 1644  and may be charged only if the loan modification results in a
 1645  material benefit to the borrower. The commission may adopt rules
 1646  to provide guidance on what constitutes a material benefit to
 1647  the borrower.
 1648         Section 30. Section 494.0039, Florida Statutes, is amended
 1649  to read:
 1650         494.0039 Principal place of business requirements.—Each
 1651  mortgage broker brokerage business licensee shall maintain and
 1652  transact business from a principal place of business.
 1653         Section 31. Section 494.004, Florida Statutes, is amended
 1654  to read:
 1655         494.004 Requirements of licensees.—
 1656         (1) Each licensee under this part ss. 494.003-494.0043
 1657  shall report to the office:,
 1658         (a) In writing, any conviction of, or plea of nolo
 1659  contendere to, regardless of adjudication, any felony or any
 1660  crime or administrative violation that involves fraud,
 1661  dishonesty, breach of trust, money laundering dishonest dealing,
 1662  or any other act of moral turpitude, in any jurisdiction, by the
 1663  licensee or any control natural person within named in s.
 1664  494.0031(2)(d), not later than 30 days after the date of
 1665  conviction, entry of a plea of nolo contendere, or final
 1666  administrative action.
 1667         (b)(2)Each licensee under ss. 494.003-494.0043 shall
 1668  report, In a form prescribed by rule of the commission, any
 1669  conviction of, or plea of nolo contendere to, regardless of
 1670  whether adjudication is withheld, any felony committed by the
 1671  licensee or any control natural person within named in s.
 1672  494.0031(2)(d), not later than 30 days after the date of
 1673  conviction or the date the plea of nolo contendere is entered.
 1674         (c)(3)Each licensee under ss. 494.003-494.0043 shall
 1675  report Any action in bankruptcy, voluntary or involuntary,
 1676  within 30 to the office not later than 7 business days after the
 1677  action is instituted.
 1678         (d)(4)Each licensee under ss. 494.003-494.0043 shall
 1679  report On a form prescribed by rule of the commission, any
 1680  change to the information contained in any initial application
 1681  form or any amendment to the application within not later than
 1682  30 days after the change is effective.
 1683         (5) A license issued under ss. 494.003-494.0043 is not
 1684  transferable or assignable.
 1685         (e)(6)Each licensee under ss. 494.003-494.0043 shall
 1686  report Any change in the principal loan originator broker, any
 1687  addition or subtraction of a control person partners, officers,
 1688  members, joint venturers, directors, control persons of any
 1689  licensee, or any individual who is the ultimate equitable owner
 1690  of a 10-percent or greater interest in the licensee, or any
 1691  change in the form of business organization, by written
 1692  amendment in the form and at the time the commission specifies
 1693  by rule.
 1694         (a) In any case in which a person or a group of persons,
 1695  directly or indirectly or acting by or through one or more
 1696  persons, proposes to purchase or acquire a controlling interest
 1697  in a licensee, such person or group shall submit an initial
 1698  application for licensure as a mortgage brokerage business
 1699  before such purchase or acquisition and at the time and in the
 1700  form the commission prescribes by rule.
 1701         (b) As used in this subsection, the term “controlling
 1702  interest” means possession of the power to direct or cause the
 1703  direction of the management or policies of a company whether
 1704  through ownership of securities, by contract, or otherwise. Any
 1705  person who directly or indirectly has the right to vote 25
 1706  percent or more of the voting securities of a company or is
 1707  entitled to 25 percent or more of the company's profits is
 1708  presumed to possess a controlling interest.
 1709         (f)(c) Any addition of a partner, officer, member, joint
 1710  venturer, director, control person, or ultimate equitable owner
 1711  of the applicant who does not have a controlling interest and
 1712  who has not previously filed a Uniform Mortgage Biographical
 1713  Statement & Consent Form, MU2, or has not previously complied
 1714  with the fingerprinting and credit report requirements
 1715  provisions of ss. 494.00312 and 494.00321, s. 494.0031(2)(c) and
 1716  (d) is subject to the such provisions of these sections unless
 1717  required to file an initial application in accordance with
 1718  paragraph (a). If, after the addition of a control person, the
 1719  office finds that the licensee does not continue to meet
 1720  licensure requirements, the office may bring an administrative
 1721  action in accordance with s. 494.0041 to enforce the provisions
 1722  of this chapter.
 1723         (d) The commission shall adopt rules pursuant to ss.
 1724  120.536(1) and 120.54 providing for the waiver of the
 1725  application required by this subsection if the person or group
 1726  of persons proposing to purchase or acquire a controlling
 1727  interest in a licensee has previously complied with the
 1728  provisions of s. 494.0031(2)(c) and (d) with respect to the same
 1729  legal entity or is currently licensed by the office under this
 1730  chapter.
 1731         (7) On or before April 30, 2000, each mortgage brokerage
 1732  business shall file an initial report stating the name, social
 1733  security number, date of birth, mortgage broker license number,
 1734  date of hire and, if applicable, date of termination for each
 1735  person who was an associate of the mortgage brokerage business
 1736  during the immediate preceding quarter. Thereafter, A mortgage
 1737  brokerage business shall file a quarterly report only if a
 1738  person became an associate or ceased to be an associate of the
 1739  mortgage brokerage business during the immediate preceding
 1740  quarter. Such report shall be filed within 30 days after the
 1741  last day of each calendar quarter and shall contain the name,
 1742  social security number, date of birth, mortgage broker license
 1743  number, date of hire and, if applicable, the date of termination
 1744  of each person who became or ceased to be an associate of the
 1745  mortgage brokerage business during the immediate preceding
 1746  quarter. The commission shall prescribe, by rule, the procedures
 1747  for filing reports required by this subsection.
 1748         (2)(8)(a) In every mortgage loan transaction, each licensee
 1749  under this part must ss. 494.003-494.0043 shall notify a
 1750  borrower of any material changes in the terms of a mortgage loan
 1751  previously offered to the borrower within 3 business days after
 1752  being made aware of such changes by the mortgage lender but at
 1753  least not less than 3 business days before the signing of the
 1754  settlement or closing statement. The licensee bears the burden
 1755  of proving such notification was provided and accepted by the
 1756  borrower.
 1757         (b) A borrower may waive the right to receive notice of a
 1758  material change that is granted under paragraph (a) if the
 1759  borrower determines that the extension of credit is needed to
 1760  meet a bona fide personal financial emergency and the right to
 1761  receive notice would delay the closing of the mortgage loan. The
 1762  imminent sale of the borrower's home at foreclosure during the
 1763  3-day period before the signing of the settlement or closing
 1764  statement is constitutes an example of a bona fide personal
 1765  financial emergency. In order to waive the borrower's right to
 1766  receive notice not less than 3 business days before the signing
 1767  of the settlement or closing statement of any such material
 1768  change, the borrower must provide the licensee with a dated
 1769  written statement that describes the personal financial
 1770  emergency, waives the right to receive the notice, bears the
 1771  borrower's signature, and is not on a printed form prepared by
 1772  the licensee for the purpose of such a waiver.
 1773         (3)Each mortgage broker shall submit to the registry
 1774  reports of condition, which must be in such form and shall
 1775  contain such information as the registry may require.
 1776         (4)A license issued under this part is not transferable or
 1777  assignable.
 1778         Section 32. Section 494.0041, Florida Statutes, is amended
 1779  to read:
 1780         494.0041 Administrative penalties and fines; license
 1781  violations.—
 1782         (1) Whenever the office finds a person in violation of an
 1783  act specified in subsection (2), it may enter an order imposing
 1784  one or more of the following penalties against the person:
 1785         (a) Revocation of a license or registration.
 1786         (b) Suspension of a license or registration subject to
 1787  reinstatement upon satisfying all reasonable conditions that the
 1788  office specifies.
 1789         (c) Placement of the licensee, registrant, or applicant on
 1790  probation for a period of time and subject to all reasonable
 1791  conditions that the office specifies.
 1792         (d) Issuance of a reprimand.
 1793         (e) Imposition of a fine in an amount not exceeding $5,000
 1794  for each count or separate offense.
 1795         (f) Denial of a license or registration.
 1796         (1)(2) Each of the following acts constitutes a ground for
 1797  which the disciplinary actions specified in subsection (2) (1)
 1798  may be taken:
 1799         (a) Being convicted of, or entering a plea of guilty or
 1800  Pleading nolo contendere to, or having been convicted or found
 1801  guilty of, regardless of whether adjudication was withheld, any
 1802  felony or any a crime involving fraud, dishonesty, breach of
 1803  trust, money laundering dishonest dealing, or any act of moral
 1804  turpitude.
 1805         (b) Fraud, misrepresentation, deceit, negligence, or
 1806  incompetence, in any mortgage financing transaction.
 1807         (c) A material misstatement or omission of fact on an
 1808  initial or renewal license application.
 1809         (d) Disbursement, or an act which has caused or will cause
 1810  disbursement, to any person in any amount from the Mortgage
 1811  Guaranty Regulatory Trust Fund, the Securities Guaranty Fund, or
 1812  the Florida Real Estate Recovery Fund, regardless of any
 1813  repayment or restitution to the disbursed fund by the licensee
 1814  or any person acting on behalf of the licensee or registrant.
 1815         (e) Failure of a loan originator to place immediately upon
 1816  receipt, and maintain until authorized to disburse, any money
 1817  entrusted to her or him by a person dealing with her or him as a
 1818  loan originator mortgage broker in a segregated account of a
 1819  federally insured financial institution in this state.
 1820         (f) Failure to account or deliver to any person any
 1821  property that has come into her or his hands and that is not the
 1822  licensee's her or his property or that the licensee she or he is
 1823  not in law or equity entitled to retain, under the circumstances
 1824  and at the time which has been agreed upon or is required by law
 1825  or, in the absence of a fixed time, upon demand of the person
 1826  entitled to such accounting and delivery.
 1827         (g) Failure to disburse funds in accordance with
 1828  agreements.
 1829         (h) Any misuse, misapplication, or misappropriation of
 1830  personal property entrusted to her or his care to which she or
 1831  he had no current property right at the time of entrustment.
 1832         (i) Having a license, or the equivalent, to practice any
 1833  profession or occupation revoked, suspended, or otherwise acted
 1834  against, including the denial of licensure by a licensing
 1835  authority of this state or another state, territory, or country
 1836  for fraud, dishonest dealing, or any other act of moral
 1837  turpitude.
 1838         (j) Failure to comply with any order or rule made or issued
 1839  under this part ss. 494.001-494.0077.
 1840         (k) Acting as a loan originator mortgage broker or mortgage
 1841  broker or operating a branch office brokerage business without a
 1842  current, active license issued under this part ss. 494.003
 1843  494.0043.
 1844         (l) Failure to timely pay any fee, charge, or fine under
 1845  ss. 494.001-494.0077.
 1846         (l)(m) Failure to maintain, preserve, and keep available
 1847  for examination all books, accounts, or other documents required
 1848  by ss. 494.001-494.0077 and the rules of the commission.
 1849         (m)(n) Refusal to permit an investigation or examination of
 1850  books and records, or refusal to comply with an office subpoena
 1851  or subpoena duces tecum.
 1852         (n)(o) Consistently and materially underestimating maximum
 1853  closing costs.
 1854         (o)(p) Failure to comply with, or violation of, any other
 1855  provision of ss. 494.001-494.0077.
 1856         (p)(q) Commission of fraud, misrepresentation, concealment,
 1857  or dishonest dealing by trick, scheme, or device;, culpable
 1858  negligence;, or breach of trust in any business transaction in
 1859  any state, nation, or territory; or aiding, assisting, or
 1860  conspiring with any other person engaged in any such misconduct
 1861  and in furtherance thereof.
 1862         (q)(r) Failure to timely pay any fee, charge, or fine
 1863  imposed or assessed pursuant to this chapter or rules adopted
 1864  under this chapter.
 1865         (r)(s) Payment to the office for a license or permit with a
 1866  check or electronic transmission of funds that is dishonored by
 1867  the applicant's or licensee's financial institution.
 1868         (s)(t) Having a final judgment entered against the
 1869  applicant or licensee in a civil action upon grounds of fraud,
 1870  embezzlement, misrepresentation, or deceit.
 1871         (t)(u)1. Having been the subject of any:
 1872         1. Decision, finding, injunction, suspension, prohibition,
 1873  revocation, denial, judgment, or administrative order by any
 1874  court of competent jurisdiction, administrative law judge, state
 1875  or federal agency, national securities exchange, national
 1876  commodities exchange, national option exchange, national
 1877  securities association, national commodities association, or
 1878  national option association involving a violation of any federal
 1879  or state securities or commodities law or rule or regulation
 1880  adopted under such law or involving a violation of any rule or
 1881  regulation of any national securities, commodities, or options
 1882  exchange or association.
 1883         2. Having been the subject of any Injunction or adverse
 1884  administrative order by a state or federal agency regulating
 1885  banking, insurance, finance or small loan companies, real
 1886  estate, mortgage brokers or lenders, money transmitters, or
 1887  other related or similar industries.
 1888         (u)(v) In any mortgage transaction, violating any provision
 1889  of the federal Real Estate Settlement Procedure Act, as amended,
 1890  12 U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
 1891  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
 1892  under such acts.
 1893         (v)Requesting a specific valuation, orally or in writing,
 1894  from an appraiser for a particular property, implying to an
 1895  appraiser that a specific valuation is needed for a particular
 1896  property, or in any manner conditioning the order for an
 1897  appraisal on the appraisal meeting a specific valuation. The
 1898  numeric value of the specific valuation sought need not be
 1899  stated, but rather the mere statement that a specific valuation
 1900  is sought, violates this section.
 1901         (w)Failure to provide a lender with all appraisals
 1902  obtained by the loan originator with respect to a particular
 1903  property if more than one appraisal has been obtained.
 1904         (x)Conducting any brokering activities in the absence of a
 1905  properly designated principal loan originator or brokering
 1906  activities at any particular branch office without a properly
 1907  designated branch manager.
 1908         (y)Having a loan originator, mortgage broker, or mortgage
 1909  lender license, or the equivalent thereof, revoked in any
 1910  jurisdiction.
 1911         (2)If the office finds a person in violation of any act
 1912  specified in this section, it may enter an order imposing one or
 1913  more of the following penalties:
 1914         (a)Revocation of a license or registration.
 1915         (b)Suspension of a license or registration, subject to
 1916  reinstatement upon satisfying all reasonable conditions imposed
 1917  by the office.
 1918         (c)Issuance of a reprimand.
 1919         (d)Imposition of a fine in an amount up to $10,0000 for
 1920  each count or separate offense.
 1921         (e)Denial of a license or registration.
 1922         (3) A mortgage broker brokerage business is subject to the
 1923  disciplinary actions specified in subsection (2) (1) for a
 1924  violation of subsection (1) (2) by any officer, member,
 1925  director, control person or loan originator employed by or
 1926  contracting with the mortgage broker, joint venturer, partner,
 1927  ultimate equitable owner of a 10-percent or greater interest in
 1928  the mortgage brokerage business, or associate mortgage broker of
 1929  the licensee.
 1930         (4) A principal loan originator mortgage broker is subject
 1931  to the disciplinary actions specified in subsection (2) (1) for
 1932  violations of subsection (1) (2) by a loan originator associates
 1933  in the course of an association with the mortgage broker
 1934  brokerage business. The principal mortgage broker is only
 1935  subject to suspension or revocation for associate actions if
 1936  there is a pattern of repeated violations by the loan originator
 1937  associates or if the principal loan originator mortgage broker
 1938  has knowledge of the violations.
 1939         (5)A branch manager is subject to the disciplinary actions
 1940  specified in subsection (2) for violations of subsection (1) by
 1941  a loan originator in the course of an association with the
 1942  mortgage broker if there is a pattern of repeated violations by
 1943  the loan originator or if the branch manager has knowledge of
 1944  the violations.
 1945         (6)(5) A natural person who is associated with a mortgage
 1946  broker brokerage business is subject to the disciplinary actions
 1947  specified in subsection (2) (1) for a violation of subsection
 1948  (1) (2) with respect to an action in which such person was
 1949  involved.
 1950         (7)The office may summarily suspend the license of any
 1951  loan originator or mortgage broker in accordance with s.
 1952  120.60(6) due to the arrest of the loan originator or the
 1953  mortgage broker’s control person for any felony or any crime
 1954  involving fraud, dishonesty, breach of trust, money laundering,
 1955  or any other act of moral turpitude, or if the office has reason
 1956  to believe that a licensee poses an immediate, serious danger to
 1957  the public’s health, safety, or welfare. Any proceeding for the
 1958  summary suspension of a license must be conducted by the
 1959  commissioner of the office, or designee, who shall issue the
 1960  final summary order. A reasonable belief by the office that a
 1961  loan originator or mortgage broker's control person has
 1962  committed any act of fraud is deemed sufficient to constitute an
 1963  immediate danger to the public’s health, safety, or welfare.
 1964         (8)The office may deny any request to terminate or
 1965  withdraw any application or license if the office believes that
 1966  an act which would be a ground for denial, suspension,
 1967  restriction, or revocation under this chapter has been
 1968  committed.
 1969         Section 33. Section 494.0042, Florida Statutes, is amended
 1970  to read:
 1971         494.0042 Loan originator Brokerage fees.—
 1972         (1) A loan originator mortgage brokerage fee earned by a
 1973  licensee, pursuant to this part ss. 494.003-494.0043, is not
 1974  considered interest or a finance charge under chapter 687.
 1975         (2) A person may not charge or exact, directly or
 1976  indirectly, from the borrower mortgagor a fee or commission in
 1977  excess of the maximum fee or commission specified in this
 1978  section. The maximum fees or commissions that may be charged for
 1979  mortgage loans are as follows:
 1980         (a) On a mortgage loan of $1,000 or less: $250.
 1981         (b) On a mortgage loan exceeding $1,000 and not exceeding
 1982  $2,000: $250 for the first $1,000 of the mortgage loan, plus $10
 1983  for each additional $100 of the mortgage loan.
 1984         (c) On a mortgage loan exceeding $2,000 and not exceeding
 1985  $5,000: $350 for the first $2,000 of the mortgage loan, plus $10
 1986  for each additional $100 of the mortgage loan.
 1987         (d) On a mortgage loan exceeding $5,000: $250 plus 10
 1988  percent of the entire mortgage loan.
 1989         For the purpose of determining the maximum fee, the amount
 1990  of the mortgage loan is based on the amount of mortgage loan
 1991  actually funded exclusive of the authorized maximum fees or
 1992  commissions.
 1993         (3) At the time of accepting a mortgage loan application, a
 1994  mortgage broker brokerage business may receive from the borrower
 1995  a nonrefundable application fee. If the mortgage loan is funded,
 1996  the nonrefundable application fee shall be credited against the
 1997  amount owed as a result of the loan being funded. A person may
 1998  not receive any form of compensation for acting as a loan
 1999  originator mortgage broker other than a nonrefundable
 2000  application fee, a fee based on the mortgage amount being
 2001  funded, or a fee which complies with s. 494.00421.
 2002         Section 34. Section 494.00421, Florida Statutes, is amended
 2003  to read:
 2004         494.00421 Fees earned upon obtaining a bona fide
 2005  commitment.—Notwithstanding the provisions of ss. 494.001
 2006  494.0077, any mortgage broker brokerage business which contracts
 2007  to receive from a borrower a mortgage broker brokerage fee from
 2008  a borrower upon obtaining a bona fide commitment shall
 2009  accurately disclose in the mortgage broker brokerage agreement:
 2010         (1) The gross loan amount.
 2011         (2) In the case of a fixed-rate mortgage, the note rate.
 2012         (3) In the case of an adjustable rate mortgage:
 2013         (a) The initial note rate.
 2014         (b) The length of time for which the initial note rate is
 2015  effective.
 2016         (c) The frequency of changes.
 2017         (d) The limitation upon such changes including adjustment
 2018  to adjustment cap and life cap.
 2019         (e) Whether the loan has any potential for negative
 2020  amortization.
 2021         (f) Identification of the margin-interest rate
 2022  differential.
 2023         (g) Identification of a nationally recognized index which
 2024  index must be free from control of the mortgage broker, mortgage
 2025  brokerage business, mortgage lender, or correspondent mortgage
 2026  lender.
 2027         (4) The estimated net proceeds to be paid directly to the
 2028  borrower. “Estimated net proceeds” means the cash to be received
 2029  by the borrower after payment of any fees, charges, debts,
 2030  liens, or encumbrances to perfect the lien of the new mortgage
 2031  and establish the agreed-upon priority of the new mortgage.
 2032         (5) The lien priority of the new proposed mortgage.
 2033         (6) The number of calendar days, which are mutually agreed
 2034  upon, within which the mortgage broker brokerage business shall
 2035  obtain a bona fide mortgage commitment.
 2036         (7)(a) The following statement, in at least no less than
 2037  12-point boldface type immediately above the signature lines for
 2038  the borrowers:
 2039         “You are entering into a contract with a mortgage broker
 2040  brokerage business to obtain a bona fide mortgage loan
 2041  commitment under the same terms and conditions as stated
 2042  hereinabove or in a separate executed good faith estimate form.
 2043  If the mortgage broker brokerage business obtains a bona fide
 2044  commitment under the same terms and conditions, you will be
 2045  obligated to pay the mortgage broker brokerage business fees,
 2046  including, but not limited to, a mortgage broker brokerage fee,
 2047  even if you choose not to complete the loan transaction. If the
 2048  provisions of s. 494.00421, Florida Statutes, are not met, the
 2049  mortgage broker brokerage fee can only be earned upon the
 2050  funding of the mortgage loan. The borrower may contact the
 2051  Department of Financial Services, Tallahassee, Florida,
 2052  regarding any complaints that the borrower may have against the
 2053  mortgage broker or the mortgage brokerage business. The
 2054  telephone number of the department is: ...[insert telephone
 2055  number]....”
 2056         (b) Paragraph (a) does not apply to nonresidential mortgage
 2057  loan commitments in excess of $1 million.
 2058         (8) Any other disclosure required pursuant to s. 494.0038.
 2059         Section 35. Section 494.0043, Florida Statutes, is amended
 2060  to read:
 2061         494.0043 Requirements for brokering loans to
 2062  noninstitutional investors.—
 2063         (1) A loan originator mortgage broker, when arranging a
 2064  mortgage loan for a noninstitutional investor, shall:
 2065         (a) Before any payment of money by the a noninstitutional
 2066  investor, provide an opinion of value from an appraiser stating
 2067  the value of the security property unless the opinion is waived
 2068  in writing. The opinion must state the value of the property as
 2069  it exists on the date of the opinion. If any relationship exists
 2070  between the mortgage broker and the appraiser, that relationship
 2071  shall be disclosed to the investor.
 2072         (b) Provide to the noninstitutional investor a mortgagee's
 2073  title insurance policy or an opinion of title by an attorney
 2074  licensed to practice law in the state, or a copy thereof.
 2075         1. If a title insurance policy is issued, it must insure
 2076  the noninstitutional investor against the unmarketability of the
 2077  mortgagee's interest in such title. It must shall also specify
 2078  any superior liens that exist against the property. If an
 2079  opinion of title is issued by an attorney licensed to practice
 2080  law in the state, the opinion must include a statement as to the
 2081  marketability of the title to the property described in the
 2082  mortgage and specify the priority of the mortgage being closed.
 2083         2. If the title insurance policy or opinion of title is not
 2084  available at the time of purchase, the licensee shall provide a
 2085  binder of the title insurance or conditional opinion of title.
 2086  This binder or opinion must include any conditions or
 2087  requirements that need needed to be corrected before prior to
 2088  the issuance of the final title policy or opinion of title. The
 2089  binder or opinion must also include information concerning the
 2090  requirements specified in subparagraph 1. Any conditions must be
 2091  eliminated or waived in writing by the investor before prior to
 2092  delivery to the noninstitutional investor. The policy or
 2093  opinion, or a copy thereof, shall be delivered to the investor
 2094  within a reasonable period of time, not exceeding 6 months,
 2095  after closing.
 2096         3. The requirements of this paragraph may be waived in
 2097  writing. If the requirements are waived by the noninstitutional
 2098  investor, the waiver must include the following statement
 2099  wording: “The noninstitutional investor acknowledges that the
 2100  mortgage broker or mortgage lender brokering this mortgage loan
 2101  is not providing a title insurance policy or opinion of title
 2102  issued by an attorney who is licensed to practice law in the
 2103  State of Florida. Any requirement for title insurance or for a
 2104  legal opinion of title is the sole responsibility of the
 2105  noninstitutional mortgage investor.”
 2106         (c) Provide, if the loan is other than a first mortgage, a
 2107  statement showing the balance owed by the mortgagor on any
 2108  existing mortgages prior to this investment and the status of
 2109  such existing mortgages.
 2110         (d) Provide a disclosure if the licensee is directly or
 2111  indirectly acting as a borrower or principal in the transaction.
 2112         (2) Each original or certified copy of the mortgage, or
 2113  other instrument securing a note or assignment thereof, must
 2114  shall be recorded before being delivered to the noninstitutional
 2115  investor. A loan originator mortgage broker shall cause the
 2116  properly endorsed original note to be delivered to the
 2117  noninstitutional investor.
 2118         (3) Each mortgage and assignment must shall be recorded as
 2119  soon as practical, but no later than 30 business days after the
 2120  date of closing.
 2121         (4) Any money from a noninstitutional investor for
 2122  disbursement at a mortgage loan closing must shall be deposited
 2123  with and disbursed by an attorney duly licensed in this state or
 2124  by a title company duly licensed in this state. A person acting
 2125  as a loan originator mortgage broker may not have control of any
 2126  money from a noninstitutional investor. This subsection does not
 2127  prohibit a licensee under this part ss. 494.003-494.0043 from
 2128  receiving a loan originator mortgage brokerage fee upon the
 2129  closing of the mortgage loan funded by the noninstitutional
 2130  investor.
 2131         Section 36. Effective July 1, 2009, section 494.006,
 2132  Florida Statutes, is amended to read:
 2133         494.006 Exemptions.—
 2134         (1) None of the following persons are subject to the
 2135  requirements of this part ss. 494.006-494.0077 in order to act
 2136  as a mortgage lender or correspondent mortgage lender:
 2137         (a) A depository institution; subsidiaries that are owned
 2138  and controlled by a depository institution and regulated by the
 2139  Board of Governors of the Federal Reserve System, the
 2140  Comptroller of the Currency, the Director of the Office of
 2141  Thrift Supervision, the National Credit Union Administration, or
 2142  the Federal Deposit Insurance Corporation; and institutions
 2143  regulated by the Farm Credit Administration state or federal
 2144  chartered bank, trust company, savings and loan association,
 2145  savings bank or credit union, bank holding company regulated
 2146  under the laws of any state or the United States, or insurance
 2147  company if the insurance company is duly licensed in this state.
 2148         (b) Any person acting in a fiduciary capacity conferred by
 2149  the authority of any court.
 2150         (c) A wholly owned bank holding company subsidiary or a
 2151  wholly owned savings and loan association holding company
 2152  subsidiary that is formed and regulated under the laws of any
 2153  state or the United States and that is approved or certified by
 2154  the Department of Housing and Urban Development, the Veterans
 2155  Administration, the Government National Mortgage Association,
 2156  the Federal National Mortgage Association, or the Federal Home
 2157  Loan Mortgage Corporation.
 2158         (c)(d) Any person who, as a seller of his or her own real
 2159  property, receives one or more mortgages in a purchase money
 2160  transaction.
 2161         (e) Any person who receives a mortgage as security for an
 2162  obligation arising out of materials furnished or as services
 2163  rendered by the person in the improvement of the real property.
 2164         (d)(f) Any person who makes only nonresidential mortgage
 2165  loans and sells loans only to institutional investors.
 2166         (e)(g) The Federal National Mortgage Association; the
 2167  Federal Home Loan Mortgage Corporation; an agency of the Federal
 2168  Government; any state, county, or municipal government; or any
 2169  quasi-governmental agency that acts in such capacity under the
 2170  specific authority of the laws of any state or the United
 2171  States.
 2172         (h) A consumer finance company licensed pursuant to chapter
 2173  516 as of October 1, 1991.
 2174         (f)(i) Any natural person making or acquiring a mortgage
 2175  loan with his or her own funds for his or her own investment,
 2176  and who does not hold himself or herself out to the public, in
 2177  any manner, as being in the mortgage lending business.
 2178         (g)(j) Any natural person selling a mortgage that was made
 2179  or purchased with that person's funds for his or her own
 2180  investment, and who does not hold himself or herself out to the
 2181  public, in any manner, as being in the mortgage lending
 2182  business.
 2183         (h)(k) Any person who acts solely under contract and as an
 2184  agent for federal, state, or municipal agencies in the servicing
 2185  of mortgage loans.
 2186         (2)A mortgage broker who closes a mortgage loan in the
 2187  mortgage broker's own name in a table-funded transaction is not
 2188  considered as acting as a mortgage lender if the mortgage
 2189  broker, at or before the closing, advises the borrower in
 2190  writing that the mortgage broker is not the actual lender in the
 2191  transaction and discloses the name and address of the actual
 2192  lender who advances the funds for the loan and to whom the loan
 2193  will be assigned at or after settlement.
 2194         (2)(a) A natural person employed by a mortgage lender or
 2195  correspondent mortgage lender licensed under ss. 494.001
 2196  494.0077 is exempt from the licensure requirements of ss.
 2197  494.001-494.0077 when acting within the scope of employment with
 2198  the licensee.
 2199         (b) A corporation that is in existence on October 1, 1991,
 2200  and that is a wholly owned subsidiary of a consumer finance
 2201  company licensed pursuant to chapter 516 on October 1, 1991, is
 2202  not required to be licensed under ss. 494.006-494.0077 in order
 2203  to act as a mortgage lender or a correspondent mortgage lender.
 2204         (3) It is unnecessary to negate any of the exemptions
 2205  provided in ss. 494.001-494.0077 in any complaint, information,
 2206  indictment, or other writ or proceeding brought under ss.
 2207  494.001-494.0077. The burden of establishing the right to any
 2208  exemption is upon the party claiming the benefit of the
 2209  exemption.
 2210         Section 37. Section 494.0061, Florida Statutes, is
 2211  repealed.
 2212         Section 38. Section 494.00611, Florida Statutes, is created
 2213  to read:
 2214         494.00611Mortgage lender license.—
 2215         (1)Each person who acts as a mortgage lender must be
 2216  licensed under this section.
 2217         (2)To apply for a mortgage lender license the applicant
 2218  must:
 2219         (a)Submit a completed application form as prescribed by
 2220  the commission by rule.
 2221         (b)Designate a qualified principal loan originator who
 2222  meets the requirement of s. 494.0035 on the application form.
 2223         (c)Submit a nonrefundable application fee of $625, and the
 2224  $100 nonrefundable fee required by s. 494.0017. Application fees
 2225  may not be prorated for partial years of licensure.
 2226         (d)Submit a complete set of fingerprints for each of the
 2227  applicant’s control persons to:
 2228         1.The registry for a federal criminal history check. If
 2229  the registry is not processing fingerprints at the time the
 2230  application is submitted, the Department of Law Enforcement
 2231  shall forward the fingerprints submitted pursuant to
 2232  subparagraph 2. to the Federal Bureau of Investigation for
 2233  processing.
 2234         2.The office for a state criminal history check. The
 2235  office may contract with a third-party vendor that provides live
 2236  scan fingerprinting in lieu of a paper fingerprint card. All
 2237  fingerprints shall be submitted to the Department of Law
 2238  Enforcement and entered into the statewide automated fingerprint
 2239  identification system established in s. 943.05(2)(b) and
 2240  available for use in accordance with s. 943.05(2)(g). The cost
 2241  of fingerprinting shall be borne by the applicant.
 2242         (e)Submit a copy of the applicant’s audited financial
 2243  statement for the most recent fiscal year, which documents that
 2244  the applicant has a bona fide and verifiable net worth, pursuant
 2245  to United States generally accepted accounting principles, of at
 2246  least $250,000, which must be continuously maintained as a
 2247  condition of licensure. If the applicant is a wholly-owned
 2248  subsidiary of another corporation, the audited financial
 2249  statement for the parent corporation’s financial statement
 2250  satisfies this requirement. The commission may establish by rule
 2251  the form and procedures for filing the audited financial
 2252  statement, including the requirement to file the statement with
 2253  the registry when technology is available.
 2254         (f)Authorize the registry to obtain an independent credit
 2255  report on each of the applicant’s control persons from a
 2256  consumer reporting agency, and transmit or provide access to the
 2257  report to the office. The cost of the credit report shall be
 2258  borne by the applicant.
 2259         (g)Submit additional information or documentation
 2260  requested by the office and required by rule concerning the
 2261  applicant or a control person of the applicant. Additional
 2262  information may include documentation of pending and prior
 2263  disciplinary and criminal history events, including arrest
 2264  reports and certified copies of charging documents, plea
 2265  agreements, judgments and sentencing documents, documents
 2266  relating to pretrial intervention, orders terminating probation
 2267  or supervised release, final administrative agency orders, or
 2268  other comparable documents that may provide the office with the
 2269  appropriate information to determine eligibility for licensure.
 2270         (h)Submit any other information required by the registry
 2271  for the processing of the application.
 2272         (3)An application is considered received for the purposes
 2273  of s. 120.60 upon the office's receipt of all documentation from
 2274  the registry including the completed application form, criminal
 2275  history information, and credit history information, as well as
 2276  the nonrefundable license application fees and all applicable
 2277  fingerprinting processing fees.
 2278         (4)The office shall issue a mortgage lender license to
 2279  each person who is not otherwise ineligible and who meets the
 2280  requirements of this section. However, it is a ground for denial
 2281  of licensure if the applicant or one of the applicant’s control
 2282  persons:
 2283         (a)Has committed any violation specified in s. 494.0072,
 2284  or is the subject of a pending felony criminal prosecution or a
 2285  prosecution or an administrative enforcement action, in any
 2286  jurisdiction, which involves fraud, dishonesty, breach of trust,
 2287  money laundering, or any act of moral turpitude.
 2288         (b)Demonstrates a lack of financial responsibility,
 2289  character, and general fitness which would fail to command the
 2290  confidence of the community and to warrant a determination that
 2291  the mortgage broker will operate honestly, fairly, and
 2292  efficiently. For purposes of this paragraph, a person has shown
 2293  that he or she is not financially responsible if he or she has
 2294  shown a disregard in the management of his or her own financial
 2295  condition which may include, but is not limited to:
 2296         1.Current outstanding judgments, except judgments
 2297  resulting solely from medical expenses;
 2298         2.Current outstanding tax liens or other government liens
 2299  and filings;
 2300         3.Foreclosures within the past 3 years; or
 2301         4.A pattern of seriously delinquent accounts within the
 2302  past 3 years.
 2303         (5)The office may not issue a license if the applicant is
 2304  has had a mortgage lender license or its equivalent revoked in
 2305  any jurisdiction, or any of the applicant's control persons has
 2306  ever had a loan originator license or its equivalent revoked in
 2307  any governmental jurisdiction.
 2308         (6)A person required to be licensed under this part, or an
 2309  agent or employee thereof, is deemed to have consented to the
 2310  venue of courts in this state regarding any matter within the
 2311  authority of ss. 494.001-494.0077 regardless of where an act or
 2312  violation was committed.
 2313         (7)A license issued in accordance with this part is not
 2314  transferable or assignable.
 2315         (8)A mortgage lender or branch office license may be
 2316  withdrawn pursuant to s. 120.60 if it was issued through mistake
 2317  or inadvertence of the office. A license must be reinstated if
 2318  the applicant can demonstrate that the requirements for
 2319  obtaining the license under this chapter have been satisfied.
 2320         (9)Each lender, regardless of the number of branches it
 2321  operates, shall designate a principal loan originator
 2322  representative who exercises control of the licensee's business,
 2323  and a branch manager for each branch office. Each mortgage
 2324  lender must keep the office informed of the persons designated
 2325  as prescribed by commission rule, which includes documentation
 2326  of the individual’s acceptance of such responsibility. If the
 2327  designation is inaccurate, the branch shall be deemed to be
 2328  operated under the full charge, control, and supervision by each
 2329  officer, director, or ultimate equitable owner of a 10-percent
 2330  or greater interest in the mortgage lender business, or any
 2331  other person in a similar capacity during that time.
 2332         (10)The commission shall, by rule, establish time periods
 2333  during which an applicant is barred from licensure due to prior
 2334  criminal convictions of, or guilty or nolo contendre pleas by,
 2335  any of the applicant’s control persons, regardless of
 2336  adjudication.
 2337         (a)The rules must provide:
 2338         1.Permanent bars for felonies involving fraud, dishonesty,
 2339  breach of trust, or money laundering;
 2340         2.A 15-year disqualifying period for felonies involving
 2341  moral turpitude;
 2342         3.A 7-year period for all other felonies; and
 2343         4.A 5-year period for misdemeanors involving fraud,
 2344  dishonesty, or any other act of moral turpitude.
 2345         (b)The rule may also provide for mitigating factors, an
 2346  additional waiting period due to dates of imprisonment or
 2347  community supervision, an additional waiting period due to the
 2348  commitment of multiple crimes, and other factors reasonably
 2349  related to the applicant’s criminal history. The rule may not
 2350  provide standards that are less rigorous than those set forth in
 2351  the S.A.F.E. Mortgage Licensing Act of 2008. An applicant is not
 2352  eligible for licensure until the expiration of the disqualifying
 2353  period set by rule. Section 112.011 is not applicable to
 2354  eligibility for licensure under this part.
 2355         (11)All mortgage lender licenses must be renewed annually
 2356  by December 31 pursuant to s. 494.00612. If a person holding an
 2357  active mortgage broker license has not applied to renew the
 2358  license annually on or before December 31, the mortgage broker
 2359  license expires on December 31. If a person holding an active
 2360  mortgage broker license has applied to renew the license on or
 2361  before December 31, the mortgage broker license remains active
 2362  until the renewal application is approved or denied. A mortgage
 2363  broker may not be precluded from reapplying for licensure upon
 2364  expiration of a previous license.
 2365         Section 39. Section 494.00612, Florida Statutes, is created
 2366  to read:
 2367         494.00612Mortgage lender license renewal.—
 2368         (1)To renew a mortgage lender license, a mortgage lender
 2369  must:
 2370         (a)Submit a completed license renewal form as prescribed
 2371  by commission rule.
 2372         (b)Submit a nonrefundable renewal fee of $625, and the
 2373  $100 nonrefundable fee required by s. 494.0017.
 2374         (c)Submit a complete set of fingerprints in accordance
 2375  with s. 494.00611(2)(d).
 2376         (d)Provide proof that the mortgage lender continues to
 2377  meet the net worth requirement in a form prescribed by the
 2378  commission rule.
 2379         (e)Authorize the registry to obtain an independent credit
 2380  report on the mortgage lender from a consumer reporting agency,
 2381  and transmit or provide access to the report to the office. The
 2382  cost of the credit report shall be borne by the applicant.
 2383         (f)Submit any additional information or documentation
 2384  requested by the office and required by rule concerning the
 2385  licensee. Additional information may include documentation of
 2386  pending and prior disciplinary and criminal history events,
 2387  including arrest reports and certified copies of charging
 2388  documents, plea agreements, judgments and sentencing documents,
 2389  documents relating to pretrial intervention, orders terminating
 2390  probation or supervised release, final administrative agency
 2391  orders, or other comparable documents that may provide the
 2392  office with the appropriate information to determine eligibility
 2393  for licensure.
 2394         (2)The office may not renew a mortgage lender license
 2395  unless the mortgage lender continues to meet the minimum
 2396  standards for initial license issuance pursuant to s. 494.00611
 2397  and adopted rule.
 2398         Section 40. Section 494.0062, Florida Statutes, is
 2399  repealed.
 2400         Section 41. Section 494.0063, Florida Statutes, is amended
 2401  to read:
 2402         494.0063 Audited financial statements.—All audited
 2403  financial statements required by ss. 494.001-494.0077 must be
 2404  prepared by an independent licensed certified public accountant.
 2405  A mortgage lender must obtain an annual financial audit report
 2406  as of the date of the licensee’s fiscal year end, as disclosed
 2407  to the office on the application or a subsequent amendment to
 2408  the application. The mortgage lender shall submit a copy of the
 2409  report to the office within 120 days after the end of the
 2410  licensee’s fiscal year. If the applicant is a wholly owned
 2411  subsidiary of another corporation, the financial audit report of
 2412  the parent corporation’s satisfies this requirement. If the
 2413  licensee changes its fiscal year, the licensee must file report
 2414  within 18 months after the previously submitted report. The
 2415  commission may establish by rule the procedures and form for
 2416  filing a financial audit report, including the requirement to
 2417  file the report with the registry when technology is available.
 2418         Section 42. Section 494.0064, Florida Statutes, is
 2419  repealed.
 2420         Section 43. Effective April 1, 2020, section 494.0065,
 2421  Florida Statutes, is repealed.
 2422         Section 44. Section 494.0066, Florida Statutes, is amended
 2423  to read:
 2424         494.0066 Branch offices.—
 2425         (1) Each branch office of a mortgage lender must be
 2426  licensed under this section A branch office license is required
 2427  for each branch office maintained by a licensee under ss.
 2428  494.006-494.0077.
 2429         (2) The office shall issue a branch office license to a
 2430  mortgage lender licensee licensed under ss. 494.006-494.0077
 2431  after the office determines that the mortgage lender licensee
 2432  has submitted a completed branch office application form as
 2433  prescribed by rule by the commission, and an initial
 2434  nonrefundable branch office license fee of $350, and the $100
 2435  nonrefundable fee required by s. 494.0017 $325. Application fees
 2436  may not be prorated for partial years of licensure. The branch
 2437  office application must include the name and license number of
 2438  the mortgage lender licensee under this part ss. 494.006
 2439  494.0077, the name of the branch manager licensee's employee in
 2440  charge of the branch office, and the address of the branch
 2441  office. The branch office license shall be issued in the name of
 2442  the mortgage lender licensee under ss. 494.006-494.0077 and must
 2443  be renewed in conjunction with the license renewal. An
 2444  application is considered received for purposes of s.120.60 upon
 2445  receipt of a completed branch office renewal form as prescribed
 2446  by commission rule, and the required fees.
 2447         (3)A branch office license must be renewed at the time of
 2448  renewing the mortgage lender license.
 2449         Section 45. Section 494.00665, Florida Statutes, is created
 2450  to read:
 2451         494.00665Principal loan originator and branch manager for
 2452  mortgage lender.—
 2453         (1)Each mortgage lender business must be operated by a
 2454  principal loan originator who shall have full charge, control,
 2455  and supervision of the mortgage lender business. The principal
 2456  loan originator must have been licensed as a loan originator
 2457  pursuant to s. 494.00323. Each mortgage lender must keep the
 2458  office informed of the person designated as the principal loan
 2459  originator as prescribed by commission rule. If the designation
 2460  is inaccurate, the business shall be deemed to be operated under
 2461  the full charge, control, and supervision of each officer,
 2462  director, or ultimate equitable owner of a 10-percent or greater
 2463  interest in the mortgage lender business, or any other person in
 2464  a similar capacity during that time. A loan originator may not
 2465  be a principal loan originator for more than one mortgage lender
 2466  at any given time.
 2467         (2)Each branch office of a mortgage lender must be
 2468  operated by a branch manager who shall have full charge,
 2469  control, and supervision of the branch office. The designated
 2470  branch manager must be a licensed loan originator pursuant to s.
 2471  494.00323. Each mortgage lender must keep the office informed of
 2472  the person designated as the branch manager as prescribed by
 2473  commission rule, which includes documentation of the
 2474  individual’s acceptance of such responsibility. If the
 2475  designation is inaccurate, the branch office shall be deemed to
 2476  be operated under the full charge, control, and supervision of
 2477  each officer, director, or ultimate equitable owner of a 10
 2478  percent or greater interest in the mortgage lender business, or
 2479  any other person in a similar capacity during that time.
 2480         Section 46. Section 494.0067, Florida Statutes, is amended
 2481  to read:
 2482         494.0067 Requirements of mortgage lenders licensees under
 2483  ss. 494.006-494.0077.—
 2484         (1) A mortgage lender that Each licensee under ss. 494.006
 2485  494.0077 which makes mortgage loans on real estate in this state
 2486  shall transact business from a principal place of business. Each
 2487  principal place of business and each branch office shall be
 2488  operated under the full charge, control, and supervision of the
 2489  licensee pursuant to this part under ss. 494.006-494.0077.
 2490         (2) A license issued under this part ss. 494.006-494.0077
 2491  is not transferable or assignable.
 2492         (3) A mortgage lender Each licensee under ss. 494.006
 2493  494.0077 shall report, on a form prescribed by rule of the
 2494  commission, any change in the information contained in any
 2495  initial application form, or any amendment thereto, within not
 2496  later than 30 days after the change is effective.
 2497         (4) A mortgage lender Each licensee under ss. 494.006
 2498  494.0077 shall report any changes in the principal loan
 2499  originator, any addition or subtraction of a control person,
 2500  partners, officers, members, joint venturers, directors, or
 2501  control persons of any licensee or any change changes in the
 2502  form of business organization by written amendment in such form
 2503  and at such time that the commission specifies by rule.
 2504         (a) In any case in which a person or a group of persons,
 2505  directly or indirectly or acting by or through one or more
 2506  persons, proposes to purchase or acquire a controlling interest
 2507  in a licensee, such person or group must submit an initial
 2508  application for licensure as a mortgage lender or correspondent
 2509  mortgage lender before such purchase or acquisition and at the
 2510  time and in the form prescribed by the commission by rule.
 2511         (b) As used in this subsection, the term “controlling
 2512  interest” means possession of the power to direct or cause the
 2513  direction of the management or policies of a company whether
 2514  through ownership of securities, by contract, or otherwise. Any
 2515  person who directly or indirectly has the right to vote 25
 2516  percent or more of the voting securities of a company or who is
 2517  entitled to 25 percent or more of the company's profits is
 2518  presumed to possess a controlling interest.
 2519         (b)(c) Any addition of a designated principal
 2520  representative, partner, officer, member, joint venturer,
 2521  director, or control person of the applicant who does not have a
 2522  controlling interest and who has not previously filed a Uniform
 2523  Mortgage Biographical Statement & Consent Form, MU2, or has not
 2524  previously complied with fingerprinting and credit report
 2525  requirements of s. 494.00611 is the provisions of s.
 2526  494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s.
 2527  494.0065(5)(e) and (f) shall be subject to the such provisions
 2528  of this section unless required to file an initial application
 2529  in accordance with paragraph (a). If after the addition of a
 2530  control person, the office determines that the licensee does not
 2531  continue to meet licensure requirements, the office may bring
 2532  administrative action in accordance with s. 494.0072 to enforce
 2533  the provisions of this section.
 2534         (d) The commission shall adopt rules pursuant to ss.
 2535  120.536(1) and 120.54 providing for the waiver of the
 2536  application required by this subsection if the person or group
 2537  of persons proposing to purchase or acquire a controlling
 2538  interest in a licensee has previously complied with the
 2539  provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and
 2540  (h), or s. 494.0065(5)(e) and (f) with the same legal entity or
 2541  is currently licensed with the office under this chapter.
 2542         (5) Each mortgage lender licensee under ss. 494.006
 2543  494.0077 shall report in a form prescribed by rule by the
 2544  commission any indictment, information, charge, conviction, plea
 2545  of guilty or nolo contendere, regardless of adjudication, or
 2546  plea of guilty to any felony or any crime or administrative
 2547  violation that involves fraud, dishonesty, breach of trust,
 2548  money laudering dishonest dealing, or any other act of moral
 2549  turpitude, in any jurisdiction, by the licensee under ss.
 2550  494.006-494.0077 or any principal officer, director, or ultimate
 2551  equitable owner of 10 percent or more of the licensed
 2552  corporation, within not later than 30 business days after the
 2553  indictment, information, charge, conviction, or final
 2554  administrative action.
 2555         (6) Each mortgage lender licensee under ss. 494.006
 2556  494.0077 shall report any action in bankruptcy, voluntary or
 2557  involuntary, to the office, within not later than 7 business
 2558  days after the action is instituted.
 2559         (7) Each mortgage lender licensee under ss. 494.006
 2560  494.0077 shall designate a registered agent in this state for
 2561  service of process.
 2562         (8) Each mortgage lender licensee under ss. 494.006
 2563  494.0077 shall provide an applicant for a mortgage loan a good
 2564  faith estimate of the costs the applicant can reasonably expect
 2565  to pay in obtaining a mortgage loan. The good faith estimate of
 2566  costs must shall be mailed or delivered to the applicant within
 2567  3 business days a reasonable time after the licensee receives a
 2568  written loan application from the applicant. The estimate of
 2569  costs may be provided to the applicant by a person other than
 2570  the licensee making the loan. The good faith estimate must
 2571  identify the recipient of all payments charged to the borrower
 2572  and, except for all fees to be received by the mortgage broker
 2573  brokerage business and the mortgage lender or correspondent
 2574  mortgage lender, may be disclosed in generic terms, such as, but
 2575  not limited to, paid to appraiser, officials, title company, or
 2576  any other third-party service provider. The licensee bears the
 2577  burden of proving such disclosures were provided to the
 2578  borrower. The commission may adopt rules that set forth the
 2579  disclosure requirements of this section.
 2580         (9) On or before April 30, 2000, each mortgage lender or
 2581  correspondent mortgage lender shall file an initial report
 2582  stating the full legal name, residential address, social
 2583  security number, date of birth, mortgage broker license number,
 2584  date of hire, and, if applicable, date of termination for each
 2585  person who acted as a loan originator or an associate of the
 2586  mortgage lender or correspondent mortgage lender during the
 2587  immediate preceding quarter. Thereafter, a mortgage lender or
 2588  correspondent mortgage lender shall file a report only if a
 2589  person became or ceased to be a loan originator or an associate
 2590  of the mortgage lender or correspondent mortgage lender during
 2591  the immediate preceding quarter. Such report shall be filed
 2592  within 30 days after the last day of each calendar quarter and
 2593  shall contain the full legal name, residential address, social
 2594  security number, date of birth, date of hire and, if applicable,
 2595  the mortgage broker license number and date of termination of
 2596  each person who became or ceased to be a loan originator or an
 2597  associate of the mortgage lender or correspondent mortgage
 2598  lender during the immediate preceding quarter. The commission
 2599  shall prescribe, by rule, the procedures for filing reports
 2600  required by this subsection.
 2601         (10)(a) Each mortgage lender or correspondent mortgage
 2602  lender licensee shall require the principal representative and
 2603  all loan originators, not currently licensed as mortgage brokers
 2604  pursuant to s. 494.0033, who perform services for the licensee
 2605  to complete 14 hours of professional continuing education during
 2606  each biennial license period. The education shall cover primary
 2607  and subordinate mortgage financing transactions and the
 2608  provisions of this chapter and the rules adopted under this
 2609  chapter.
 2610         (b) The licensee shall maintain records of such training
 2611  for a period of 4 years, including records of the content of and
 2612  hours designated for each program and the date and location of
 2613  the program.
 2614         (c) Evidence of completion of such programs shall be
 2615  included with the licensee's renewal application.
 2616         (9)(11) The disclosures in this subsection must be
 2617  furnished in writing at the time an adjustable rate mortgage
 2618  loan is offered to the borrower and whenever the terms of the
 2619  adjustable rate mortgage loan offered have a material change
 2620  prior to closing. The lender shall furnish the disclosures
 2621  relating to adjustable rate mortgages in a format prescribed by
 2622  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
 2623  of the Federal Reserve System, as amended; its commentary, as
 2624  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
 2625  1601 et seq., as amended; together with the Consumer Handbook on
 2626  Adjustable Rate Mortgages, as amended; published by the Federal
 2627  Reserve Board and the Federal Home Loan Bank Board. The licensee
 2628  bears the burden of proving such disclosures were provided to
 2629  the borrower.
 2630         (10)(12)(a) In every mortgage loan transaction, each
 2631  mortgage lender licensee under ss. 494.006-494.0077 shall notify
 2632  a borrower of any material changes in the terms of a mortgage
 2633  loan previously offered to the borrower within 3 business days
 2634  after being made aware of such changes by the lender but at
 2635  least not less than 3 business days before the signing of the
 2636  settlement or closing statement. The licensee bears the burden
 2637  of proving such notification was provided and accepted by the
 2638  borrower.
 2639         (b) A borrower may waive the right to receive notice of a
 2640  material change that is granted under paragraph (a) if the
 2641  borrower determines that the extension of credit is needed to
 2642  meet a bona fide personal financial emergency and the right to
 2643  receive notice would delay the closing of the mortgage loan. The
 2644  imminent sale of the borrower's home at foreclosure during the
 2645  3-day period before the signing of the settlement or closing
 2646  statement constitutes an example of a bona fide personal
 2647  financial emergency. In order to waive the borrower's right to
 2648  receive notice not less than 3 business days before the signing
 2649  of the settlement or closing statement of any such material
 2650  change, the borrower must provide the licensee with a dated
 2651  written statement that describes the personal financial
 2652  emergency, waives the right to receive the notice, bears the
 2653  borrower's signature, and is not on a printed form prepared by
 2654  the licensee for the purpose of such a waiver.
 2655         (11)Each mortgage lender must report to the office the
 2656  failure to meet the net worth requirements of s. 494.00611
 2657  within 2 days after the mortgage lender’s knowledge of such
 2658  failure or after the mortgage lender should have known of such
 2659  failure.
 2660         Section 47. Section 494.0068, Florida Statutes, is amended
 2661  to read:
 2662         494.0068 Loan application process.—
 2663         (1) In addition to the requirements set forth in s.
 2664  494.0067(8), before accepting an application fee in whole or in
 2665  part, a credit report fee, an appraisal fee, or a fee charged as
 2666  reimbursement for third-party charges, a mortgage lender shall
 2667  make a written disclosure to the borrower, which disclosure may
 2668  be contained in the application, setting forth:
 2669         (a) Whether all or any part of such fees or charges is
 2670  refundable.
 2671         (b) The terms and conditions for the refund, if all or any
 2672  part of the fees or charges is refundable.
 2673         (c) A realistic estimate of the number of days required to
 2674  issue a commitment following receipt of the application by the
 2675  lender.
 2676         (d) The name or title of a person within the lender's
 2677  organization to whom the borrower may address written questions,
 2678  comments, or complaints and who is required to promptly respond
 2679  to such inquiries.
 2680         (2) The disclosures required in subsection (1) must shall
 2681  be acknowledged in writing by the borrower and maintained by the
 2682  mortgage lender, and a copy of such acknowledgment shall be
 2683  given to the borrower.
 2684         (3) The borrower may, without penalty or responsibility for
 2685  paying additional fees and charges, withdraw an application at
 2686  any time prior to acceptance of commitment. Upon such
 2687  withdrawal, the mortgage lender is responsible for refunding to
 2688  the borrower only those fees and charges to which the borrower
 2689  may be entitled pursuant to the terms set forth in the written
 2690  disclosure required by subsection (1), except that:
 2691         (a) If the lender failed to provide the borrower with the
 2692  written disclosure required by subsection (1), the lender shall
 2693  promptly refund to the borrower all funds paid to the lender; or
 2694         (b) If the lender failed to make a good faith effort to
 2695  approve the loan, the lender shall promptly refund to the
 2696  borrower all funds paid to the lender.
 2697         (4) The application fee must be reasonably related to the
 2698  services to be performed and may not be based upon a percentage
 2699  of the principal amount of the loan or the amount financed.
 2700         (5) For the purposes of this section, the term “application
 2701  fee” means any moneys advanced by the borrower upon filing an
 2702  application with a mortgage lender to offset the lender's
 2703  expenses for determining whether the borrower is qualified for
 2704  the mortgage loan or whether the mortgage loan should be funded.
 2705         Section 48. Section 494.0069, Florida Statutes, is amended
 2706  to read:
 2707         494.0069 Lock-in agreement.—
 2708         (1) Each lock-in agreement must be in writing and must
 2709  contain:
 2710         (a) The expiration date of the lock-in, if any;
 2711         (b) The interest rate locked in, if any;
 2712         (c) The discount points locked in, if any;
 2713         (d) The commitment fee locked in, if any;
 2714         (e) The lock-in fee, if any; and
 2715         (f) A statement advising of the provisions of ss. 494.006
 2716  494.0077 regarding lock-in agreements.
 2717         (2) The mortgage lender or correspondent mortgage lender
 2718  shall make a good faith effort to process the mortgage loan
 2719  application and stand ready to fulfill the terms of its
 2720  commitment before the expiration date of the lock-in agreement
 2721  or any extension thereof.
 2722         (3) Any lock-in agreement received by a mortgage lender or
 2723  correspondent mortgage lender by mail or through a mortgage
 2724  broker must be signed by the mortgage lender or correspondent
 2725  mortgage lender in order to become effective. The borrower may
 2726  rescind any lock-in agreement until a written confirmation of
 2727  the agreement has been signed by the lender and mailed to the
 2728  borrower or to the mortgage broker brokerage business pursuant
 2729  to its contractual relationship with the borrower. If a borrower
 2730  elects to so rescind, the mortgage lender or correspondent
 2731  mortgage lender shall promptly refund any lock-in fee paid.
 2732         (4)(a)Before Any correspondent mortgage lender or mortgage
 2733  lender prior to issuing a mortgage loan rate lock-in agreement,
 2734  a mortgage lender must have the ability to timely advance funds
 2735  on all mortgage loans for which rate lock-in agreements have
 2736  been issued. As used in this section, “ability to timely advance
 2737  funds” means having sufficient liquid assets or a line of credit
 2738  necessary to cover all rate lock-in agreements issued with
 2739  respect to which a lock-in fee is collected.
 2740         (a)(b) A correspondent mortgage lender or mortgage lender
 2741  that does not comply with this subsection paragraph (a) may
 2742  issue mortgage rate lock-in agreements only if, prior to the
 2743  issuance, the correspondent mortgage lender or mortgage lender:
 2744         1. Has received a written rate lock-in agreement from a
 2745  correspondent mortgage lender or mortgage lender that complies
 2746  with this subsection paragraph (a); or
 2747         2. Has received a written rate lock-in agreement from an
 2748  institutional investor or an agency of the Federal Government or
 2749  the state or local government that will be funding, making, or
 2750  purchasing the mortgage loan.
 2751         (b)(c) All rate lock-in fees collected by a mortgage lender
 2752  or correspondent mortgage lender who is not in compliance with
 2753  paragraph (a) must be deposited into an escrow account in a
 2754  federally insured financial institution, and such fees may shall
 2755  not be removed from such escrow account until:
 2756         1. The mortgage loan closes and is funded;
 2757         2. The applicant cancels the loan application or the loan
 2758  application is rejected; or
 2759         3. The mortgage lender or correspondent mortgage lender is
 2760  required to forward a portion of the lock-in fee to another
 2761  correspondent mortgage lender, mortgage lender, institutional
 2762  investor, or agency that will be funding, making, or purchasing
 2763  the loan. The mortgage lender or correspondent mortgage lender
 2764  may remove only the amount of the lock-in fee actually paid to
 2765  another mortgage lender, correspondent mortgage lender,
 2766  institutional investor, or agency.
 2767         (5) For purposes of this section, the term “lock-in fee”
 2768  means any moneys advanced by the borrower to lock in for a
 2769  specified period of time a specified interest rate or discount
 2770  points.
 2771         (6) The commission may adopt by rule a form for required
 2772  lock-in agreement disclosures.
 2773         Section 49. Section 494.007, Florida Statutes, is amended
 2774  to read:
 2775         494.007 Commitment process.—
 2776         (1) If a commitment is issued, the mortgage lender shall
 2777  disclose in writing:
 2778         (a) The expiration date of the commitment;
 2779         (b) The mortgage amount, meaning the face amount of credit
 2780  provided to the borrower or in the borrower's behalf;
 2781         (c) If the interest rate or other terms are subject to
 2782  change before expiration of the commitment:
 2783         1. The basis, index, or method, if any, which will be used
 2784  to determine the rate at closing. Such basis, index, or method
 2785  shall be established and disclosed with direct reference to the
 2786  movement of an interest rate index or of a national or regional
 2787  index that is available to and verifiable by the borrower and
 2788  beyond the control of the lender; or
 2789         2. The following statement, in at least 10-point bold type:
 2790  “The interest rate will be the rate established by the lender in
 2791  its discretion as its prevailing rate . . . days before
 2792  closing.”;
 2793         (d) The amount of the commitment fee, if any, and whether
 2794  and under what circumstances the commitment fee is refundable;
 2795  and
 2796         (e) The time, if any, within which the commitment must be
 2797  accepted by the borrower.
 2798         (2) The provisions of a commitment cannot be changed prior
 2799  to expiration of the specified period within which the borrower
 2800  must accept it. If any information necessary for an accurate
 2801  disclosure required by subsection (1) is unknown to the mortgage
 2802  lender at the time disclosure is required, the lender shall make
 2803  the disclosure based upon the best information reasonably
 2804  available to it and shall state that the disclosure is an
 2805  estimate.
 2806         (3) A commitment fee is refundable if:
 2807         (a) The commitment is contingent upon approval by parties
 2808  to whom the mortgage lender seeks to sell the loan.
 2809         (b) The loan purchaser's requirements are not met due to
 2810  circumstances beyond the borrower's control.
 2811         (c) The borrower is willing but unable to comply with the
 2812  loan purchaser's requirements.
 2813         Section 50. Section 494.0071, Florida Statutes, is amended
 2814  to read:
 2815         494.0071 Expiration of lock-in agreement or commitment.—If
 2816  a lock-in agreement has been executed and the loan does not
 2817  close before the expiration date of either the lock-in agreement
 2818  or any commitment issued consistent therewith through no
 2819  substantial fault of the borrower, the borrower may withdraw the
 2820  application or reject or terminate any commitment, whereupon the
 2821  mortgage lender or correspondent mortgage lender shall promptly
 2822  refund to the borrower any lock-in fee and any commitment fee
 2823  paid by the borrower.
 2824         Section 51. Section 494.0072, Florida Statutes, is amended
 2825  to read:
 2826         494.0072 Administrative penalties and fines; license
 2827  violations.—
 2828         (1) Whenever the office finds a person in violation of an
 2829  act specified in subsection (2), it may enter an order imposing
 2830  one or more of the following penalties against that person:
 2831         (a) Revocation of a license or registration.
 2832         (b) Suspension of a license or registration, subject to
 2833  reinstatement upon satisfying all reasonable conditions that the
 2834  office specifies.
 2835         (c) Placement of the licensee or applicant on probation for
 2836  a period of time and subject to all reasonable conditions that
 2837  the office specifies.
 2838         (d) Issuance of a reprimand.
 2839         (e) Imposition of a fine in an amount not exceeding $5,000
 2840  for each count or separate offense.
 2841         (f) Denial of a license or registration.
 2842         (1)(2) Each of the following acts constitutes a ground for
 2843  which the disciplinary actions specified in subsection (2) (1)
 2844  may be taken:
 2845         (a) Being convicted of, or entering a plea of guilty or
 2846  Pleading nolo contendere to, or having been convicted or found
 2847  guilty of, regardless of whether adjudication was withheld, any
 2848  felony or a crime involving fraud, dishonesty, breach of trust,
 2849  money laudering dishonest dealing, or any act of moral
 2850  turpitude.
 2851         (b) Fraud, misrepresentation, deceit, negligence, or
 2852  incompetence in any mortgage financing transaction.
 2853         (c) A material misstatement or ommission of fact on an
 2854  initial or renewal application.
 2855         (d) Disbursement, or an act which has caused or will cause
 2856  disbursement, to any person in any amount from the Mortgage
 2857  Guaranty Regulatory Trust Fund, the Securities Guaranty Fund, or
 2858  the Florida Real Estate Recovery Fund, regardless of any
 2859  repayment or restitution to the disbursed fund by the licensee
 2860  or any person acting on behalf of the licensee.
 2861         (e) Failure of a mortgage lender to place immediately upon
 2862  receipt, and maintain until authorized to disburse, any money
 2863  entrusted to him or her by a person dealing with him or her as a
 2864  mortgage lender in a segregated account in a federally insured
 2865  financial institution;
 2866         (f) Failure to account for or deliver to any person any
 2867  personal property that has come into his or her hands and that
 2868  is not the licensee's his or her property or that he or she is
 2869  not in law or equity entitled to retain, under the circumstances
 2870  and at the time which has been agreed upon or is required by law
 2871  or, in the absence of a fixed time, upon demand of the person
 2872  entitled to such accounting and delivery.
 2873         (g) Failure to disburse funds in accordance with
 2874  agreements.
 2875         (h) Any misuse, misapplication, or misappropriation of
 2876  personal property entrusted to his or her care to which he or
 2877  she had no current property right at the time of entrustment.
 2878         (i) Having a license, or the equivalent, to practice any
 2879  profession or occupation revoked, suspended, or otherwise acted
 2880  against, including the denial of licensure by a licensing
 2881  authority of this state or another state, territory, or country
 2882  for fraud, dishonest dealing, or any other act of moral
 2883  turpitude.
 2884         (j) Failure to comply with any order or rule made or issued
 2885  under this part the provisions of ss. 494.001-494.0077.
 2886         (k) Acting as a mortgage lender or operating a branch
 2887  office correspondent mortgage lender without a current, active
 2888  license issued under this part ss. 494.006-494.0077.
 2889         (l) Failure to timely pay any fee, charge, or fine under
 2890  ss. 494.001-494.0077.
 2891         (l)(m) Failure to maintain, preserve, and keep available
 2892  for examination all books, accounts, or other documents required
 2893  by ss. 494.001-494.0077 or the rules of the commission.
 2894         (m)(n) Refusal to permit an investigation or examination of
 2895  books and records, or refusal to comply with an office subpoena
 2896  or subpoena duces tecum.
 2897         (n)(o) Consistently and materially underestimating the
 2898  closing costs.
 2899         (o)(p) Failure to comply with, or violations of, any other
 2900  provision of ss. 494.001-494.0077.
 2901         (p)(q) Commission of fraud, misrepresentation, concealment,
 2902  or dishonest dealing by trick, scheme, or device;, culpable
 2903  negligence;, or breach of trust in any business transaction in
 2904  any state, nation, or territory; or aiding, assisting, or
 2905  conspiring with any other person engaged in any such misconduct
 2906  and in furtherance thereof.
 2907         (q)(r) Failure to timely pay any fee, charge, or fine
 2908  imposed or assessed pursuant to this chapter or rules adopted
 2909  under this chapter.
 2910         (r)(s) Payment to the office for a license or permit with a
 2911  check or electronic transmission of funds that is dishonored by
 2912  the applicant's or licensee's financial institution.
 2913         (s)(t) Having a final judgment entered against the
 2914  applicant or licensee in a civil action upon grounds of fraud,
 2915  embezzlement, misrepresentation, or deceit.
 2916         (t)(u)1. Having been the subject of any:
 2917         1. Decision, finding, injunction, suspension, prohibition,
 2918  revocation, denial, judgment, or administrative order by any
 2919  court of competent jurisdiction, administrative law judge, state
 2920  or federal agency, national securities exchange, national
 2921  commodities exchange, national option exchange, national
 2922  securities association, national commodities association, or
 2923  national option association involving a violation of any federal
 2924  or state securities or commodities law, or any rule or
 2925  regulation adopted under such law, or involving a violation of
 2926  any rule or regulation of any national securities, commodities,
 2927  or options exchange or association.
 2928         2. Having been the subject of any Injunction or adverse
 2929  administrative order by a state or federal agency regulating
 2930  banking, insurance, finance or small loan companies, real
 2931  estate, mortgage brokers or lenders, money transmitters, or
 2932  other related or similar industries.
 2933         (u)(v) In any mortgage transaction, violating any provision
 2934  of the federal Real Estate Settlement Procedure Act, as amended,
 2935  12 U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
 2936  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
 2937  under such acts.
 2938         (v)Requesting a specific valuation, orally or in writing,
 2939  from an appraiser for a particular property, implying to an
 2940  appraiser that a specific valuation is needed for a particular
 2941  property, or in any manner conditioning the order for an
 2942  appraisal on the appraisal meeting a specific valuation. The
 2943  numeric value of the specific valuation sought need not be
 2944  stated, but rather the mere statement that a specific valuation
 2945  is sought, violates this section.
 2946         (w)Failure to provide a lender with all appraisals
 2947  obtained by the loan originator with respect to a particular
 2948  property if more than one appraisal has been obtained.
 2949         (x)Conducting any lending activities in the absence of a
 2950  properly designated principal loan originator or lending
 2951  activities at any particular branch office without a properly
 2952  designated branch manager.
 2953         (y)Having a loan originator, mortgage broker, or mortgage
 2954  lender license, or the equivalent thereof, revoked in any
 2955  jurisdiction.
 2956         (z)Operating an unlicensed branch office.
 2957         (2)If the office finds a person in violation of an act
 2958  specified in subsection (1), it may enter an order imposing one
 2959  or more of the following penalties:
 2960         (a)Revocation of a license or registration.
 2961         (b)Suspension of a license or registration, subject to
 2962  reinstatement upon satisfying all reasonable conditions imposed
 2963  by the office.
 2964         (c)Issuance of a reprimand.
 2965         (d)Imposition of a fine up to $25,000 for each count or
 2966  separate offense.
 2967         (e)Denial of a license or registration.
 2968         (3) A mortgage lender or correspondent mortgage lender is
 2969  subject to the disciplinary actions specified in subsection (2)
 2970  (1) if any officer, member, director, control person, joint
 2971  venturer, or ultimate equitable owner of a 10-percent or greater
 2972  interest in the mortgage lender or correspondent mortgage
 2973  lender, associate, or employee of the mortgage lender or
 2974  correspondent mortgage lender violates or has violated any
 2975  provision of subsection (1) (2).
 2976         (4) A natural person who is an associate of or employed by
 2977  a mortgage lender or correspondent mortgage lender is subject to
 2978  the disciplinary actions specified in subsection (1) if such
 2979  person violates any provision of subsection (2).
 2980         (4)(5) A principal loan originator representative of a
 2981  mortgage lender or correspondent mortgage lender is subject to
 2982  the disciplinary actions specified in subsection (2) (1) for
 2983  violations of subsection (1) (2) by associates of the or
 2984  employees in the course of an association or employment with the
 2985  correspondent mortgage lender or the mortgage lender. The
 2986  principal loan originator representative is only subject to
 2987  suspension or revocation for associate or employee actions if
 2988  there is a pattern of repeated violations by associates or
 2989  employees or if the principal loan originator broker or
 2990  principal representative had knowledge of the violations.
 2991         (5)The office may summarily suspend the license of any
 2992  mortgage lender in accordance with section 120.60(6) due to the
 2993  arrest of a control person for any felony or crime involving
 2994  fraud, dishonesty, breach of trust, money laundering, or any
 2995  other act of moral turpitude, or if the office has reason to
 2996  believe that a licensee poses immediate, serious danger to the
 2997  public’s health, safety, or welfare. Any proceeding for the
 2998  purpose of summary suspension of a license must be conducted by
 2999  the commissioner of the office, or designee, who shall issue the
 3000  final summary order. A reasonable belief by the office that a
 3001  mortgage lender's control person has committed any act of fraud
 3002  is deemed sufficient to constitute an immediate danger to the
 3003  public’s health, safety, or welfare.
 3004         (6)The office may deny any request to terminate or
 3005  withdraw any application or license if the office believes that
 3006  an act which would be a ground for denial, suspension,
 3007  restriction, or revocation under this chapter has been
 3008  committed.
 3009         Section 52. Section 494.00721, Florida Statutes, is amended
 3010  to read:
 3011         494.00721 Net worth.—
 3012         (1) The net worth requirements required in s. 494.00611 ss.
 3013  494.0061, 494.0062, and 494.0065 shall be continually maintained
 3014  as a condition of licensure.
 3015         (2) If a mortgage lender or correspondent mortgage lender
 3016  fails to satisfy the net worth requirements, the mortgage lender
 3017  or correspondent mortgage lender shall immediately cease taking
 3018  any new mortgage loan applications. Thereafter, the mortgage
 3019  lender or correspondent mortgage lender shall have up to 60 days
 3020  within which to satisfy the net worth requirements. If the
 3021  licensee makes the office aware, prior to an examination, that
 3022  the licensee no longer meets the net worth requirements, the
 3023  mortgage lender or correspondent mortgage lender shall have 120
 3024  days within which to satisfy the net worth requirements. A
 3025  mortgage lender mau or correspondent mortgage lender shall not
 3026  resume acting as a mortgage lender or correspondent mortgage
 3027  lender without written authorization from the office, which
 3028  authorization shall be granted if the mortgage lender or
 3029  correspondent mortgage lender provides the office with
 3030  documentation which satisfies the requirements of s. 494.00611
 3031  s. 494.0061(2)(c), s. 494.0062(2)(c), or s. 494.0065(2),
 3032  whichever is applicable.
 3033         (3) If the mortgage lender or correspondent mortgage lender
 3034  does not satisfy the net worth requirements within 120 days the
 3035  120-day period, the license of the mortgage lender or
 3036  correspondent mortgage lender shall be deemed to be relinquished
 3037  and canceled and all servicing contracts shall be disposed of in
 3038  a timely manner by the mortgage lender or correspondent mortgage
 3039  lender.
 3040         Section 53. Section 494.0073, Florida Statutes, is amended
 3041  to read:
 3042         494.0073 Mortgage lender or correspondent mortgage lender
 3043  when acting as a mortgage broker brokerage business.—The
 3044  provision of this part Sections 494.006-494.0077 do not prohibit
 3045  a mortgage lender or correspondent mortgage lender from acting
 3046  as a mortgage broker brokerage business. However, in mortgage
 3047  transactions in which a mortgage lender or correspondent
 3048  mortgage lender acts as a mortgage broker brokerage business,
 3049  the provisions of ss. 494.0038, 494.004(8), 494.0042, and
 3050  494.0043(1), (2), and (3) apply.
 3051         Section 54. Section 494.0075, Florida Statutes, is amended
 3052  to read:
 3053         494.0075 Requirements for selling loans to noninstitutional
 3054  investors.—
 3055         (1) A mortgage lender, when selling a mortgage loan to a
 3056  noninstitutional investor, shall:
 3057         (a) Before any payment of money by a noninstitutional
 3058  investor, provide an opinion of value from an appraiser stating
 3059  the value of the security property unless the opinion is waived
 3060  in writing. The opinion must state the value of the property as
 3061  it exists on the date of the opinion. If any relationship exists
 3062  between the lender and the appraiser, that relationship must
 3063  shall be disclosed.;
 3064         (b) Provide to the noninstitutional investor a mortgagee's
 3065  title insurance policy or an opinion of title by an attorney
 3066  licensed to practice law in this state, or a copy thereof:
 3067         1. If a title insurance policy is issued, it must insure
 3068  the noninstitutional investor against the unmarketability of the
 3069  mortgagee's interest in such title. It must also specify any
 3070  superior liens that exist against the property. If an opinion of
 3071  title is issued by an attorney licensed to practice law in this
 3072  state, the opinion must include a statement as to the
 3073  marketability of the title to the property described in the
 3074  mortgage and specify the priority of the mortgage being
 3075  purchased.
 3076         2. If the title insurance policy or opinion of title is not
 3077  available at the time of purchase, the licensee shall provide a
 3078  binder of the title insurance or conditional opinion of title.
 3079  This binder or opinion must include any conditions or
 3080  requirements needed to be corrected before prior to the issuance
 3081  of the final title policy or opinion of title. The binder or
 3082  opinion must also include information concerning the
 3083  requirements specified in subparagraph 1. Any conditions must be
 3084  eliminated or waived in writing by the investor before prior to
 3085  delivery to the noninstitutional investor. The policy or
 3086  opinion, or a copy thereof, shall be delivered to the investor
 3087  within a reasonable period of time, not exceeding 6 months,
 3088  after purchase.
 3089         3. The requirements of this paragraph may be waived in
 3090  writing. If the requirements are waived by the noninstitutional
 3091  investor, the waiver must include the following wording: “The
 3092  noninstitutional investor acknowledges that the mortgage lender
 3093  selling this mortgage loan is not providing a title insurance
 3094  policy or opinion of title issued by an attorney who is licensed
 3095  to practice law in the State of Florida. Any requirement for
 3096  title insurance or for a legal opinion of title is the sole
 3097  responsibility of the noninstitutional mortgage purchaser.”
 3098         (c) Provide, if the loan is other than a first mortgage, a
 3099  statement showing the balance owed by the mortgagor on any
 3100  existing mortgages prior to this investment and the status of
 3101  such existing mortgages.
 3102         (d) Provide a disclosure if the licensee is directly or
 3103  indirectly acting as a borrower or principal in the transaction.
 3104         (2) Each mortgage, or other instrument securing a note or
 3105  assignment thereof, must shall be recorded before being
 3106  delivered to the noninstitutional investor.
 3107         (3) Each mortgage and assignment shall be recorded as soon
 3108  as practical, but within no later than 30 business days after
 3109  the date of purchase.
 3110         (4) If the loan is to be serviced by a licensee under this
 3111  part ss. 494.006-494.0077 for a noninstitutional investor, there
 3112  shall be a written servicing agreement.
 3113         (5) The mortgage lender shall cause the original note to be
 3114  properly endorsed showing the assignment of the note to the
 3115  noninstitutional investor.
 3116         Section 55. Section 494.0077, Florida Statutes, is amended
 3117  to read:
 3118         494.0077 Other products and services.—Sections 494.006
 3119  494.0077 do not prohibit A mortgage lender may not offer from
 3120  offering, for a fee or commission, products and services in
 3121  addition to those offered in conjunction with making a mortage
 3122  loan.
 3123         Section 56. Paragraph (b) of subsection (2) of section
 3124  501.1377, Florida Statutes, is amended to read:
 3125         501.1377 Violations involving homeowners during the course
 3126  of residential foreclosure proceedings.—
 3127         (2) DEFINITIONS.—As used in this section, the term:
 3128         (b) “Foreclosure-rescue consultant” means a person who
 3129  directly or indirectly makes a solicitation, representation, or
 3130  offer to a homeowner to provide or perform, in return for
 3131  payment of money or other valuable consideration, foreclosure
 3132  related rescue services. The term does not apply to:
 3133         1. A person excluded under s. 501.212.
 3134         2. A person acting under the express authority or written
 3135  approval of the United States Department of Housing and Urban
 3136  Development or other department or agency of the United States
 3137  or this state to provide foreclosure-related rescue services.
 3138         3. A charitable, not-for-profit agency or organization, as
 3139  determined by the United States Internal Revenue Service under
 3140  s. 501(c)(3) of the Internal Revenue Code, which offers
 3141  counseling or advice to an owner of residential real property in
 3142  foreclosure or loan default if the agency or organization does
 3143  not contract for foreclosure-related rescue services with a for
 3144  profit lender or person facilitating or engaging in foreclosure
 3145  rescue transactions.
 3146         4. A person who holds or is owed an obligation secured by a
 3147  lien on any residential real property in foreclosure if the
 3148  person performs foreclosure-related rescue services in
 3149  connection with this obligation or lien and the obligation or
 3150  lien was not the result of or part of a proposed foreclosure
 3151  reconveyance or foreclosure-rescue transaction.
 3152         5. A financial institution as defined in s. 655.005 and any
 3153  parent or subsidiary of the financial institution or of the
 3154  parent or subsidiary.
 3155         6. A licensed mortgage broker, mortgage lender, or
 3156  correspondent mortgage lender that provides mortgage counseling
 3157  or advice regarding residential real property in foreclosure,
 3158  which counseling or advice is within the scope of services set
 3159  forth in chapter 494 and is provided without payment of money or
 3160  other consideration other than a mortgage broker brokerage fee
 3161  as defined in s. 494.001.
 3162         Section 57. Effective July 1, 2009:
 3163         (1)All mortgage business school permits issued pursuant to
 3164  s. 494.0029, Florida Statutes, expire on December 31, 2009.
 3165         (2)All mortgage brokerage business licenses issued before
 3166  January 1, 2010, pursuant to s. 494.0031 or s. 494.0032, Florida
 3167  Statutes, expire on March 31, 2010. However, if a person holding
 3168  an active mortgage brokerage business license issued on or
 3169  before December 31, 2009, applies for a mortgage broker license
 3170  between January 1, 2010, and March 31, 2010, the mortgage
 3171  brokerage business license does not expire until the office
 3172  approves or denies the mortgage broker license application. A
 3173  mortgage broker license approved on or after January 1, 2010 is
 3174  effective until December 31, 2010. Application fees may not be
 3175  prorated for partial years of licensure.
 3176         (3)All mortgage broker licenses issued before January 1,
 3177  2010, pursuant to s. 494.0033 or s. 494.0034, Florida Statutes,
 3178  expire on March 31, 2010. However, if a person holding an active
 3179  mortgage broker license issued on or before December 31, 2009,
 3180  applies for a loan originator license between January 1, 2010,
 3181  and March 31, 2010, the mortgage broker license does not expire
 3182  until the office approves or denies the loan originator license
 3183  application. Notwithstanding s. 120.60, Florida Statutes, for
 3184  applications submitted between July 1, 2009, and March 31, 2010,
 3185  the office has 60 days to notify the applicant of any apparent
 3186  errors or omissions in an application and to request any
 3187  additional information the agency may require, and the office
 3188  has 180 days to approve or deny a completed application.
 3189  Application fees may not be prorated for partial years of
 3190  licensure.
 3191         (4)Persons holding an active mortgage lender license on
 3192  January 1, 2010, issued pursuant to s. 494.0061 or s. 494.0064,
 3193  Florida Statutes, must file a transition request, in a form
 3194  prescribed by commission rule, with the registry by March 31,
 3195  2010. The license of a mortgage lender that fails to file a
 3196  transition request with the registry by March 31, 2010, expires
 3197  on March 31, 2010. License fees may not be prorated for partial
 3198  years of licensure.
 3199         (5)All mortgage lender licenses issued before January 1,
 3200  2010, pursuant to s. 494.0065, Florida Statutes, expire on March
 3201  31, 2010. However, if a person holding such license applies for
 3202  a mortgage broker license or mortgage lender license between
 3203  January 1, 2010, and March 31, 2010, the license does not expire
 3204  until the office approves or denies the mortgage broker license
 3205  or mortgage lender license application. Application fees may not
 3206  be prorated for partial years of licensure.
 3207         (6)All correspondent mortgage lender licenses issued
 3208  pursuant to s. 494.62, Florida Statutes, expire on March 31,
 3209  2010. However, if a person holding an active correspondent
 3210  mortgage lender license issued on or before December 31, 2009,
 3211  applies for a mortgage broker or mortgage lender license between
 3212  January 1, 2010, and March 31, 2010, the correspondent mortgage
 3213  lender license does not expire until the office approves or
 3214  denies the mortgage broker or mortgage lender license
 3215  application. Application fees may not be prorated for partial
 3216  years of licensure.
 3217         (7)The Office of Financial Regulation shall impose a one
 3218  time $50 registry fee to be paid by all persons who were
 3219  licensed as a mortgage brokerage business, mortgage broker,
 3220  mortgage lender, or correspondent mortgage lender before January
 3221  1, 2010, and who are seeking licensure as a loan originator,
 3222  mortgage broker, or mortgage lender between January 1, 2010 and
 3223  March 31, 2010, as provided in this act, to be collected at the
 3224  time of license application or transfer.
 3225         Section 58. Except as otherwise expressly provided in this
 3226  act, this act shall take effect January 1, 2010.