CS/HB 733

1
A bill to be entitled
2An act relating to mortgage fraud; providing legislative
3findings; creating the Statewide Mortgage Fraud Task Force
4within the Department of Legal Affairs; providing for
5membership; providing duties of the statewide task force;
6providing for the establishment of regional mortgage fraud
7task forces; requiring that the Department of Legal
8Affairs provide staff for the regional task forces;
9providing for membership of the regional task forces;
10providing duties of the regional task forces; providing
11for reimbursement of nongovernmental members' per diem and
12travel expenses; specifying certain trust funds for
13deposits of federal funds or private donations funds for
14the task force; providing an effective date.
15
16     WHEREAS, mortgage fraud is a significant problem throughout
17the United States and is having a particularly damaging affect
18on mortgage investors and homeowners in this state, and
19     WHEREAS, certain types of mortgage fraud result in an
20artificial inflation in the value of residential property, which
21is directly correlated with an increase in the number of
22foreclosure filings, and
23     WHEREAS, this state is ranked number one in incidents of
24mortgage fraud and also has one of the highest foreclosure rates
25in the nation, and
26     WHEREAS, establishing statewide and regional task forces to
27coordinate investigations of and solutions to mortgage fraud
28will help combat and reduce the effect of mortgage fraud, NOW,
29THEREFORE,
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Statewide Mortgage Fraud Task Force.--
34     (1)  The Legislature finds that there is a need to develop
35and implement a statewide strategy to address mortgage fraud
36within or affecting this state.
37     (2)  The Statewide Mortgage Fraud Task Force is established
38within the Department of Legal Affairs for the purpose of
39combating mortgage fraud throughout the state.
40     (a)  The Statewide Mortgage Fraud Task Force shall be
41composed of the following 21 members:
42     1.  The Lieutenant Governor or the Lieutenant Governor's
43designee.
44     2.  The Attorney General or the Attorney General's
45designee.
46     3.  The executive director of the Department of Law
47Enforcement or the executive director's designee.
48     4.  The Commissioner of Financial Regulation or the
49commissioner's designee, who must be knowledgeable about
50mortgage lending and related financial institutions.
51     5.  The chair of each regional task force.
52     6.  Seven representatives from the business community, the
53Florida Credit Union League, the Florida Bankers Association,
54the Florida Association of Mortgage Brokers, the Florida Real
55Estate Commission, the appraisal community, and the title
56insurance industry, as designated by the chair.
57     7.  Three citizens chosen by the chair.
58     (b)  The Attorney General or the Attorney General's
59designee shall serve as the chair of the Statewide Mortgage
60Fraud Task Force and the executive director of the Department of
61Law Enforcement or the executive director's designee shall serve
62as the vice chair.
63     (c)  The Attorney General shall appoint an executive
64director for the Statewide Mortgage Fraud Task Force. The
65executive director shall carry out the tasks and duties of the
66task force. Staffing of the Statewide Mortgage Fraud Task Force
67shall be provided by the Department of Legal Affairs.
68     (3)  The Statewide Mortgage Fraud Task Force shall:
69     (a)  Collect data about and serve as a resource and
70clearinghouse for information relating to mortgage fraud,
71including ongoing investigations and prosecutions around the
72state which involve mortgage fraud.
73     (b)  Coordinate and initiate statewide or regional mortgage
74fraud investigations through the statewide prosecutor or local
75state attorneys.
76     (c)  Within available resources, establish a statewide
77toll-free telephone hotline for reporting mortgage fraud,
78providing information and resources to the public regarding
79mortgage fraud, and routing reports of mortgage fraud to the
80appropriate law enforcement agencies, and prosecutorial
81agencies, and the regional task forces.
82     (d)  In conjunction with the state agencies responsible for
83determining training needs and establishing training standards
84for law enforcement officers, state attorneys, and regulatory
85personnel, identify and make recommendations relating to
86equipment and training. This shall including continued training
87for state licensure or certification. In making these
88recommendations, which shall be aimed at ensuring that the needs
89of this state with regard to preparing, equipping, and training
90law enforcement officers, state attorneys, and regulatory
91personnel to combat mortgage fraud are identified and addressed,
92the task force shall identify all resources and funding sources
93that may be available to support and fund such efforts.
94     (e)  Propose legislation to eliminate and prevent mortgage
95fraud, including measures that close loopholes in procedures for
96making mortgage loans and prevent practices by property
97appraisers which provide opportunities for mortgage fraud.
98     (f)  Make recommendations to the Legislature regarding
99detection, monitoring, prediction, and control of mortgage fraud
100in this state.
101     (4)  The Attorney General shall designate three mortgage
102fraud operational regions, and a regional mortgage fraud task
103force shall be established within each region. The three regions
104shall be established by dividing the state into a northern
105region, a central region, and a southern region. The Department
106of Legal Affairs shall provide staff whose sole task is to
107support the functions and activities of the regional task
108forces.
109     (a)  Each regional task force shall be chaired by the
110special agent of the Department of Law Enforcement who is in
111charge of the operational region in which the task force is
112located. The Attorney General shall appoint one sheriff, one
113chief of police, and one state attorney from jurisdictions
114located within the region of operations. A sheriff, chief of
115police, or state attorney appointed to a regional task force may
116select a designee to serve as his or her representative.
117     (b)  Each regional task force shall consist of 15 members.
118The special agent of the Department of Law Enforcement shall
119select 11 citizens from the region of operations.
120     (c)  The chairs of each regional task force may appoint
121committees and committee chairs, as necessary, to address issues
122related to the various agencies and organizations represented by
123the members on the task force, including issues involving law
124enforcement agencies, regulatory agencies, business
125partnerships, or educational organizations. The committee chairs
126shall serve at the pleasure of the regional chairs.
127     (d)  Each regional task force, with oversight and direction
128from the statewide mortgage fraud task force, shall:
129     1.  Meet with local law enforcement agencies, sheriff's
130departments, and state attorneys to coordinate local initiatives
131to address mortgage fraud.
132     2.  Coordinate efforts with law enforcement agencies to
133enforce s. 817.545, Florida Statutes, and other related state
134and federal laws, to ensure that the efforts are not fragmented
135or unnecessarily duplicative.
136     3.  Coordinate training for local and state personnel
137relating to mortgage fraud and other related state and federal
138laws.
139     4.  Coordinate the collection and dissemination of state
140and local investigative information relating to mortgage fraud
141within each region of operation.
142     5.  Incorporate other objectives reasonably related to the
143goal of enhancing the state's ability to detect, prevent, and
144respond to mortgage fraud within or affecting the state. Each
145regional task force shall take into account the unique
146conditions and resources within its region.
147     (5)  The nongovernmental members of the Statewide Mortgage
148Fraud Task Force and the regional task forces shall serve on a
149voluntary basis without compensation for their services, but are
150entitled to reimbursement for per diem and travel expenses as
151provided in s. 112.061, Florida Statutes. All expenses for
152nongovernmental members shall be reimbursed from the Federal
153Grants Trust Fund or the Grants and Donations Trust Fund located
154within the Department of Legal Affairs.
155     (6)  Federal funds for the Statewide Mortgage Fraud Task
156Force shall be deposited into the Federal Grants Trust Fund
157located within the Department of Legal Affairs. Private
158donations for the Statewide Mortgage Fraud Task Force shall be
159deposited into the Grants and Donations Trust Fund located
160within the Department of Legal Affairs. These funds shall be the
161exclusive means for funding the Statewide Mortgage Fraud Task
162Force.
163     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.