Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 666
       
       
       
       
       
       
                                Ì956228<Î956228                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/05/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (12) through (36) of section
    6  494.001, Florida Statutes, are redesignated as subsections (13)
    7  through (37), respectively, a new subsection (12) is added to
    8  that section, and present subsection (15) of that section is
    9  amended, to read:
   10         494.001 Definitions.—As used in ss. 494.001-494.0077, the
   11  term:
   12         (12) “Indirect owner” means, with respect to direct and
   13  indirect owners in a multilayered organization:
   14         (a) If an owner is a corporation, each of its shareholders
   15  that beneficially owns, has the right to vote, or has the power
   16  to sell or direct the sale of 25 percent or more of voting
   17  security of the corporation.
   18         (b) If an owner is a partnership, all general partners and
   19  those limited and special partners that have the right to
   20  receive upon dissolution, or have contributed, 25 percent or
   21  more of the partnership’s capital.
   22         (c) If an owner is a trust, the trust and each trustee.
   23         (d) If an owner is a limited liability company:
   24         1. Those members that have the right to receive upon
   25  dissolution, or have contributed, 25 percent or more of the
   26  limited liability corporation’s capital; and
   27         2. If managed by elected managers or appointed managers,
   28  all elected or appointed managers.
   29         (e) If an indirect owner, the parent owners of 25 percent
   30  or more of their subsidiary.
   31         (16)(15) “Loan origination fee” means the total
   32  compensation from any source received by a mortgage broker
   33  acting as a loan originator. Any payment for processing mortgage
   34  loan applications must be included in the fee and must be paid
   35  to the mortgage broker.
   36         Section 2. Subsection (4) is added to section 494.0012,
   37  Florida Statutes, to read:
   38         494.0012 Investigations; complaints; examinations.—
   39         (4) In order to reduce the burden on persons subject to
   40  regulation under this chapter, the office may conduct a joint or
   41  concurrent examination with any state or federal regulatory
   42  agency and may furnish a copy of all examinations to an
   43  appropriate regulator if the regulator agrees to abide by the
   44  confidentiality requirements applicable to such examinations,
   45  which are provided pursuant to chapter 119 and this chapter. The
   46  office may also accept an examination from an appropriate
   47  regulator.
   48         Section 3. Present paragraphs (m) through (x) of subsection
   49  (1) of section 494.00255, Florida Statutes, are redesignated as
   50  paragraphs (n) through (y), respectively, and new paragraphs (m)
   51  and (z) are added to that subsection, to read:
   52         494.00255 Administrative penalties and fines; license
   53  violations.—
   54         (1) Each of the following acts constitutes a ground for
   55  which the disciplinary actions specified in subsection (2) may
   56  be taken against a person licensed or required to be licensed
   57  under part II or part III of this chapter:
   58         (m) In any mortgage transaction, violating any provision of
   59  the federal Real Estate Settlement Procedures Act, as amended,
   60  12 U.S.C. ss. 2601 et seq.; the federal Truth in Lending Act, as
   61  amended, 15 U.S.C. ss. 1601 et seq.; or any regulations adopted
   62  under such acts.
   63         (z) Pursuant to an investigation by the Mortgage Testing
   64  and Education Board acting on behalf of the registry, being
   65  found in violation of the Nationwide Mortgage Licensing System
   66  and Registry Rules of Conduct.
   67         Section 4. Section 494.00313, Florida Statutes, is amended
   68  to read:
   69         494.00313 Loan originator license renewal.—
   70         (1) In order to annually renew a loan originator license, a
   71  loan originator must, by December 31:
   72         (a) Submit a completed license renewal form as prescribed
   73  by commission rule.
   74         (b) Submit a nonrefundable renewal fee of $150, the $20
   75  nonrefundable fee if required by s. 494.00172, and nonrefundable
   76  fees to cover the cost of further fingerprint processing and
   77  retention as prescribed by set forth in commission rule.
   78         (c) Provide documentation of completion of at least 8 hours
   79  of continuing education in courses reviewed and approved by the
   80  registry.
   81         (d) Authorize the registry to obtain an independent credit
   82  report on the licensee from a consumer reporting agency, and
   83  transmit or provide access to the report to the office. The cost
   84  of the credit report shall be borne by the licensee.
   85         (e) Submit any additional information or documentation
   86  requested by the office and required by rule concerning the
   87  licensee. Additional information may include documentation of
   88  pending and prior disciplinary and criminal history events,
   89  including arrest reports and certified copies of charging
   90  documents, plea agreements, judgments and sentencing documents,
   91  documents relating to pretrial intervention, orders terminating
   92  probation or supervised release, final administrative agency
   93  orders, or other comparable documents that may provide the
   94  office with the appropriate information to determine eligibility
   95  for renewal of licensure.
   96         (2) The office may not renew a loan originator license
   97  unless the loan originator continues to meet the minimum
   98  requirements for initial licensure pursuant to s. 494.00312 and
   99  adopted rule.
  100         (3) A licensed loan originator who fails to meet the
  101  requirements under this section for annual license renewal on or
  102  before December 31, but who meets such requirements after
  103  December 31 but before March 1, shall have such license status
  104  changed to “failed to renew” pending review and renewal by the
  105  office. A nonrefundable reinstatement fee of $150 shall be
  106  charged in addition to and apart from any registry fees. The
  107  license status may not be changed until the requirements of this
  108  section have been met and all fees have been paid. If the
  109  licensee fails to submit the required information and pay the
  110  required fees by March 1, such license is expired and such
  111  individual must apply for a new loan originator license under s.
  112  494.00312.
  113         Section 5. Section 494.00322, Florida Statutes, is amended
  114  to read:
  115         494.00322 Mortgage broker license renewal.—
  116         (1) In order to annually renew a mortgage broker license, a
  117  mortgage broker must, by December 31:
  118         (a) Submit a completed license renewal form as prescribed
  119  by commission rule.
  120         (b) Submit a nonrefundable renewal fee of $375, the $100
  121  nonrefundable fee if required by s. 494.00172, and nonrefundable
  122  fees to cover the cost of further fingerprint processing and
  123  retention as prescribed by set forth in commission rule.
  124         (c) Submit fingerprints in accordance with s.
  125  494.00321(2)(d) for any new control persons who have not been
  126  screened.
  127         (d) Authorize the registry to obtain an independent credit
  128  report on each of the licensee’s control persons from a consumer
  129  reporting agency, and transmit or provide access to the report
  130  to the office. The cost of the credit report shall be borne by
  131  the licensee.
  132         (e) Submit any additional information or documentation
  133  requested by the office and required by rule concerning the
  134  licensee or a control person of the licensee. Additional
  135  information may include documentation of pending and prior
  136  disciplinary and criminal history events, including arrest
  137  reports and certified copies of charging documents, plea
  138  agreements, judgments and sentencing documents, documents
  139  relating to pretrial intervention, orders terminating probation
  140  or supervised release, final administrative agency orders, or
  141  other comparable documents that may provide the office with the
  142  appropriate information to determine eligibility for renewal of
  143  licensure.
  144         (2) The office may not renew a mortgage broker license
  145  unless the licensee continues to meet the minimum requirements
  146  for initial licensure pursuant to s. 494.00321 and adopted rule.
  147         (3) A licensed mortgage broker that fails to meet the
  148  requirements under this section for annual license renewal on or
  149  before December 31, but that meets such requirements after
  150  December 31 but before March 1, shall have such license status
  151  changed to “failed to renew” pending review and renewal by the
  152  office. A nonrefundable reinstatement fee of $250 shall be
  153  charged in addition to and apart from any registry fees. The
  154  license status may not be changed until the requirements of this
  155  section have been met and all fees have been paid. If the
  156  licensee fails to submit the required information and pay the
  157  required fees by March 1, such license is expired and such
  158  person must apply for a new mortgage broker license under s.
  159  494.00321.
  160         Section 6. Section 494.0036, Florida Statutes, is amended
  161  to read:
  162         494.0036 Mortgage broker branch office license and license
  163  renewal.—
  164         (1) Each branch office of a mortgage broker must be
  165  licensed under this section.
  166         (2) The office shall issue a mortgage broker branch office
  167  license to a mortgage broker licensee after the office
  168  determines that the licensee has submitted a completed
  169  application for a branch office in a form prescribed by
  170  commission rule and payment of an initial nonrefundable branch
  171  office license fee of $225 per branch office. Application fees
  172  may not be prorated for partial years of licensure. The branch
  173  office license shall be issued in the name of the mortgage
  174  broker that maintains the branch office. An application is
  175  considered received for purposes of s. 120.60 upon receipt of a
  176  completed application form as prescribed by commission rule, and
  177  the required fees.
  178         (3) A mortgage broker branch office license must be renewed
  179  annually at the time of renewing the mortgage broker license
  180  under s. 494.00322.
  181         (a) In order to renew a branch office license, a mortgage
  182  broker must, by December 31:
  183         1.Submit a completed license renewal form as prescribed by
  184  commission rule.
  185         2.Submit a nonrefundable branch renewal fee of $225 per
  186  branch office must be submitted at the time of renewal.
  187         3.Submit additional information or documentation requested
  188  by the office and required by rule concerning the licensee.
  189  Additional information may include documents that may assist the
  190  office in determining the applicant’s eligibility for licensure
  191  renewal.
  192         (b)The office may not renew a branch office license unless
  193  the mortgage broker continues to meet the minimum requirements
  194  for initial licensure pursuant to subsection (2) and commission
  195  rule.
  196         (c) A licensed branch office that fails to meet the
  197  requirements under this section for annual license renewal on or
  198  before December 31, but that meets such requirements after
  199  December 31 but before March 1, shall have such license status
  200  changed to “failed to renew” pending review and renewal by the
  201  office. A nonrefundable reinstatement fee of $225 shall be
  202  charged in addition to and apart from any registry fees. The
  203  license status may not be changed until the requirements of this
  204  section have been met and all fees have been paid. If the
  205  licensee fails to submit the required information and pay the
  206  required fees by March 1, such license is expired and the
  207  mortgage broker licensee must apply for a new mortgage broker
  208  branch office license under subsection (2).
  209         Section 7. Section 494.0038, Florida Statutes, is amended
  210  to read:
  211         494.0038 Loan origination and Mortgage broker fees and
  212  commissions disclosures.—
  213         (1) A loan origination fee may not be paid except pursuant
  214  to a written mortgage broker agreement between the mortgage
  215  broker and the borrower which is signed and dated by the
  216  principal loan originator or branch manager, and the borrower.
  217  The unique registry identifier of each loan originator
  218  responsible for providing loan originator services must be
  219  printed on the mortgage broker agreement.
  220         (a) The written mortgage broker agreement must describe the
  221  services to be provided by the mortgage broker and specify the
  222  amount and terms of the loan origination fee that the mortgage
  223  broker is to receive.
  224         1. Except for application and third-party fees, all fees
  225  received by a mortgage broker from a borrower must be identified
  226  as a loan origination fee.
  227         2. All fees on the mortgage broker agreement must be
  228  disclosed in dollar amounts.
  229         3. All loan origination fees must be paid to a mortgage
  230  broker.
  231         (b) The agreement must be executed within 3 business days
  232  after a mortgage loan application is accepted if the borrower is
  233  present when the mortgage loan application is accepted. If the
  234  borrower is not present, the licensee shall forward the
  235  agreement to the borrower within 3 business days after the
  236  licensee’s acceptance of the application and the licensee bears
  237  the burden of proving that the borrower received and approved
  238  the agreement.
  239         (2) If the mortgage broker is to receive any payment of any
  240  kind from the mortgage lender, the maximum total dollar amount
  241  of the payment must be disclosed to the borrower in the written
  242  mortgage broker agreement as described in paragraph (1)(a). The
  243  commission may prescribe by rule an acceptable form for
  244  disclosure of brokerage fees received from the lender. The
  245  agreement must state the nature of the relationship with the
  246  lender, describe how compensation is paid by the lender, and
  247  describe how the mortgage interest rate affects the compensation
  248  paid to the mortgage broker.
  249         (a) The exact amount of any payment of any kind by the
  250  lender to the mortgage broker must be disclosed in writing to
  251  the borrower within 3 business days after the mortgage broker is
  252  made aware of the exact amount of the payment from the lender
  253  but not less than 3 business days before the execution of the
  254  closing or settlement statement. The licensee bears the burden
  255  of proving such notification was provided to the borrower.
  256  Notification is waived if the exact amount of the payment is
  257  accurately disclosed in the written mortgage broker agreement.
  258         (b) The commission may prescribe by rule the form of
  259  disclosure of brokerage fees.
  260         (3) At the time a written mortgage broker agreement is
  261  signed by the borrower or forwarded to the borrower for
  262  signature, or at the time the mortgage broker business accepts
  263  an application fee, credit report fee, property appraisal fee,
  264  or any other third-party fee, but at least 3 business days
  265  before execution of the closing or settlement statement, the
  266  mortgage broker shall disclose in writing to any applicant for a
  267  mortgage loan the following information:
  268         (a) That the mortgage broker may not make mortgage loans or
  269  commitments. The mortgage broker may make a commitment and may
  270  furnish a lock-in of the rate and program on behalf of the
  271  lender if the mortgage broker has obtained a written commitment
  272  or lock-in for the loan from the lender on behalf of the
  273  borrower for the loan. The commitment must be in the same form
  274  and substance as issued by the lender.
  275         (b) That the mortgage broker cannot guarantee acceptance
  276  into any particular loan program or promise any specific loan
  277  terms or conditions.
  278         (c) A good faith estimate that discloses settlement charges
  279  and loan terms.
  280         1. Any amount collected in excess of the actual cost shall
  281  be returned within 60 days after rejection, withdrawal, or
  282  closing.
  283         2. At the time a good faith estimate is provided to the
  284  borrower, the loan originator must identify in writing an
  285  itemized list that provides the recipient of all payments
  286  charged the borrower, which, except for all fees to be received
  287  by the mortgage broker, may be disclosed in generic terms, such
  288  as, but not limited to, paid to lender, appraiser, officials,
  289  title company, or any other third-party service provider. This
  290  requirement does not supplant or is not a substitute for the
  291  written mortgage broker agreement described in subsection (1).
  292  The disclosure required under this subparagraph must be signed
  293  and dated by the borrower.
  294         (4) The disclosures required by this subsection must be
  295  furnished in writing at the time an adjustable rate mortgage
  296  loan is offered to the borrower and whenever the terms of the
  297  adjustable rate mortgage loan offered materially change prior to
  298  closing. The mortgage broker shall furnish the disclosures
  299  relating to adjustable rate mortgages in a format prescribed by
  300  ss. 226.18 and 226.19 of Regulation Z of the Board of Governors
  301  of the Federal Reserve System, as amended; its commentary, as
  302  amended; and the federal Truth in Lending Act, 15 U.S.C. ss.
  303  1601 et seq., as amended; together with the Consumer Handbook on
  304  Adjustable Rate Mortgages, as amended; published by the Federal
  305  Reserve Board and the Federal Home Loan Bank Board. The licensee
  306  bears the burden of proving such disclosures were provided to
  307  the borrower.
  308         (5) If the mortgage broker agreement includes a
  309  nonrefundable application fee, the following requirements are
  310  applicable:
  311         (a) The amount of the application fee, which must be
  312  clearly denominated as such, must be clearly disclosed.
  313         (b) The specific services that will be performed in
  314  consideration for the application fee must be disclosed.
  315         (c) The application fee must be reasonably related to the
  316  services to be performed and may not be based upon a percentage
  317  of the principal amount of the loan or the amount financed.
  318         (6) A mortgage broker may not accept any fee in connection
  319  with a mortgage loan other than an application fee, credit
  320  report fee, property appraisal fee, or other third-party fee
  321  before obtaining a written commitment from a qualified lender.
  322         (1)(7)A Any third-party fee entrusted to a mortgage broker
  323  must immediately, upon receipt, be placed into a segregated
  324  account with a financial institution located in the state the
  325  accounts of which are insured by the Federal Government. Such
  326  funds shall be held in trust for the payor and shall be kept in
  327  the account until disbursement. Such funds may be placed in one
  328  account if adequate accounting measures are taken to identify
  329  the source of the funds.
  330         (2)(8) A mortgage broker may not pay a commission to a any
  331  person not licensed pursuant to this chapter.
  332         (3)(9) This section does not prohibit a mortgage broker
  333  from offering products and services, in addition to those
  334  offered in conjunction with the loan origination process, for a
  335  fee or commission.
  336         Section 8. Subsections (2), (3), and (4) of section
  337  494.004, Florida Statutes, are amended to read:
  338         494.004 Requirements of licensees.—
  339         (2) In every mortgage loan transaction, each licensee under
  340  this part must notify a borrower of any material changes in the
  341  terms of a mortgage loan previously offered to the borrower
  342  within 3 business days after being made aware of such changes by
  343  the mortgage lender but at least 3 business days before the
  344  signing of the settlement or closing statement. The licensee
  345  bears the burden of proving such notification was provided and
  346  accepted by the borrower. A borrower may waive the right to
  347  receive notice of a material change if the borrower determines
  348  that the extension of credit is needed to meet a bona fide
  349  personal financial emergency and the right to receive notice
  350  would delay the closing of the mortgage loan. The imminent sale
  351  of the borrower’s home at foreclosure during the 3-day period
  352  before the signing of the settlement or closing statement is an
  353  example of a bona fide personal financial emergency. In order to
  354  waive the borrower’s right to receive notice, the borrower must
  355  provide the licensee with a dated written statement that
  356  describes the personal financial emergency, waives the right to
  357  receive the notice, bears the borrower’s signature, and is not
  358  on a printed form prepared by the licensee for the purpose of
  359  such a waiver.
  360         (2)(3) Each mortgage broker shall submit to the registry
  361  reports of condition, which must be in such form and shall
  362  contain such information as the registry may require. The
  363  commission may prescribe by rule the deadline by which a
  364  mortgage broker must file a report of condition. For purposes of
  365  this section, the report of condition is synonymous with the
  366  registry’s Mortgage Call Report.
  367         (3)(4) A license issued under this part is not transferable
  368  or assignable.
  369         Section 9. Subsection (3) of section 494.0042, Florida
  370  Statutes, is amended to read:
  371         494.0042 Loan origination fees.—
  372         (3) At the time of accepting a mortgage loan application, a
  373  mortgage broker may receive from the borrower a nonrefundable
  374  application fee. If the mortgage loan is funded, the
  375  nonrefundable application fee shall be credited against the
  376  amount owed as a result of the loan being funded. A person may
  377  not receive any form of compensation for acting as a loan
  378  originator other than a nonrefundable application fee or, a fee
  379  based on the mortgage amount being funded, or a fee which
  380  complies with s. 494.00421.
  381         Section 10. Section 494.00421, Florida Statutes, is
  382  repealed.
  383         Section 11. Paragraph (b) of subsection (2) of section
  384  494.00611, Florida Statutes, is amended to read:
  385         494.00611 Mortgage lender license.—
  386         (2) In order to apply for a mortgage lender license, an
  387  applicant must:
  388         (b) Designate a qualified principal loan originator who
  389  meets the requirements of s. 494.00665 s.494.0035 on the
  390  application form.
  391         Section 12. Section 494.00612, Florida Statutes, is amended
  392  to read:
  393         494.00612 Mortgage lender license renewal.—
  394         (1) In order to annually renew a mortgage lender license, a
  395  mortgage lender must, by December 31:
  396         (a) Submit a completed license renewal form as prescribed
  397  by commission rule.
  398         (b) Submit a nonrefundable renewal fee of $475, the $100
  399  nonrefundable fee if required by s. 494.00172, and nonrefundable
  400  fees to cover the cost of further fingerprint processing and
  401  retention as prescribed by set forth in commission rule.
  402         (c) Submit fingerprints in accordance with s.
  403  494.00611(2)(d) for any new control persons who have not been
  404  screened.
  405         (d) Provide proof that the mortgage lender continues to
  406  meet the applicable net worth requirement in a form prescribed
  407  by commission rule.
  408         (e) Authorize the registry to obtain an independent credit
  409  report on each of the mortgage lender’s control persons from a
  410  consumer reporting agency, and transmit or provide access to the
  411  report to the office. The cost of the credit report shall be
  412  borne by the licensee.
  413         (f) Submit any additional information or documentation
  414  requested by the office and required by rule concerning the
  415  licensee. Additional information may include documentation of
  416  pending and prior disciplinary and criminal history events,
  417  including arrest reports and certified copies of charging
  418  documents, plea agreements, judgments and sentencing documents,
  419  documents relating to pretrial intervention, orders terminating
  420  probation or supervised release, final administrative agency
  421  orders, or other comparable documents that may provide the
  422  office with the appropriate information to determine eligibility
  423  for renewal of licensure.
  424         (2) The office may not renew a mortgage lender license
  425  unless the mortgage lender continues to meet the minimum
  426  requirements for initial licensure pursuant to s. 494.00611 and
  427  adopted rule.
  428         (3)A licensed mortgage lender that fails to meet the
  429  requirements under this section for annual license renewal on or
  430  before December 31, but that meets such requirements after
  431  December 31 but before March 1, shall have such license status
  432  changed to “failed to renew” pending review and renewal by the
  433  office. A nonrefundable reinstatement fee of $475 shall be
  434  charged in addition to and apart from any registry fees. The
  435  license status may not be changed until the requirements of this
  436  section have been met and all fees have been paid. If the
  437  licensee fails to submit the required information and pay the
  438  required fees by March 1, such license is expired and such
  439  person must apply for a new mortgage lender license under s.
  440  494.00611.
  441         Section 13. Section 494.0066, Florida Statutes, is amended
  442  to read:
  443         494.0066 Mortgage lender branch office license and license
  444  renewal offices.—
  445         (1) Each branch office of a mortgage lender must be
  446  licensed under this section.
  447         (2) The office shall issue a mortgage lender branch office
  448  license to a mortgage lender licensee after the office
  449  determines that the mortgage lender has submitted a completed
  450  branch office application form as prescribed by commission rule
  451  by the commission and an initial nonrefundable branch office
  452  license fee of $225 per branch office. Application fees may not
  453  be prorated for partial years of licensure. The branch office
  454  application must include the name and license number of the
  455  mortgage lender under this part, the name of the branch manager
  456  in charge of the branch office, and the address of the branch
  457  office. The branch office license shall be issued in the name of
  458  the mortgage lender and must be renewed in conjunction with the
  459  license renewal. An application is considered received for
  460  purposes of s. 120.60 upon receipt of a completed branch office
  461  renewal form, as prescribed by commission rule, and the required
  462  fees.
  463         (3) A mortgage lender branch office license must be renewed
  464  annually at the time of renewing the mortgage lender license.
  465         (a) In order to renew a branch office license, a mortgage
  466  lender must, by December 31:
  467         1.Submit a completed license renewal form as prescribed by
  468  commission rule.
  469         2.Submit a nonrefundable fee of $225 per branch office
  470  must be submitted at the time of renewal.
  471         3.Submit additional information or documentation requested
  472  by the office and required by rule concerning the licensee.
  473  Additional information may include documents that may provide
  474  the office with the appropriate information to determine
  475  eligibility for licensure renewal.
  476         (b)The office may not renew a branch office license unless
  477  the mortgage lender licensee continues to meet the minimum
  478  requirements for initial licensure pursuant to this section and
  479  adopted rule.
  480         (c) A licensed branch office that fails to meet the
  481  requirements under this section for annual license renewal on or
  482  before December 31, but that meets such requirements after
  483  December 31 but before March 1, shall have such license status
  484  changed to “failed to renew” pending review and renewal by the
  485  office. A nonrefundable reinstatement fee of $225 shall be
  486  charged in addition to and apart from any registry fees. The
  487  license status may not be changed until the requirements of this
  488  section have been met and all fees have been paid. If the
  489  licensee fails to submit the required information and pay the
  490  required fees by March 1, such license is expired and the
  491  mortgage lender licensee must apply for a new mortgage lender
  492  branch office license under subsection (2).
  493         Section 14. Subsections (8) through (13) of section
  494  494.0067, Florida Statutes, are amended to read:
  495         494.0067 Requirements of mortgage lenders.—
  496         (8) Each mortgage lender shall provide an applicant for a
  497  mortgage loan a good faith estimate of the costs the applicant
  498  can reasonably expect to pay in obtaining a mortgage loan. The
  499  good faith estimate of costs must be mailed or delivered to the
  500  applicant within 3 business days after the licensee receives a
  501  written loan application from the applicant. The estimate of
  502  costs may be provided to the applicant by a person other than
  503  the licensee making the loan. The good faith estimate must
  504  identify the recipient of all payments charged to the borrower
  505  and, except for all fees to be received by the mortgage broker
  506  and the mortgage lender, may be disclosed in generic terms, such
  507  as, but not limited to, paid to appraiser, officials, title
  508  company, or any other third-party service provider. The licensee
  509  bears the burden of proving such disclosures were provided to
  510  the borrower. The commission may adopt rules that set forth the
  511  disclosure requirements of this section.
  512         (9) The disclosures in this subsection must be furnished in
  513  writing at the time an adjustable rate mortgage loan is offered
  514  to the borrower and whenever the terms of the adjustable rate
  515  mortgage loan offered have a material change prior to closing.
  516  The lender shall furnish the disclosures relating to adjustable
  517  rate mortgages in a format prescribed by ss. 226.18 and 226.19
  518  of Regulation Z of the Board of Governors of the Federal Reserve
  519  System, as amended; its commentary, as amended; and the federal
  520  Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., as amended;
  521  together with the Consumer Handbook on Adjustable Rate
  522  Mortgages, as amended; published by the Federal Reserve Board
  523  and the Federal Home Loan Bank Board. The licensee bears the
  524  burden of proving such disclosures were provided to the
  525  borrower.
  526         (10) In every mortgage loan transaction, each mortgage
  527  lender shall notify a borrower of any material changes in the
  528  terms of a mortgage loan previously offered to the borrower
  529  within 3 business days after being made aware of such changes by
  530  the lender but at least 3 business days before signing the
  531  settlement or closing statement. The licensee bears the burden
  532  of proving such notification was provided and accepted by the
  533  borrower. A borrower may waive the right to receive notice of a
  534  material change if the borrower determines that the extension of
  535  credit is needed to meet a bona fide personal financial
  536  emergency and the right to receive notice would delay the
  537  closing of the mortgage loan. The imminent sale of the
  538  borrower’s home at foreclosure during the 3-day period before
  539  the signing of the settlement or closing statement constitutes
  540  an example of a bona fide personal financial emergency. In order
  541  to waive the borrower’s right to receive notice, the borrower
  542  must provide the licensee with a dated written statement that
  543  describes the personal financial emergency, waives the right to
  544  receive the notice, bears the borrower’s signature, and is not
  545  on a printed form prepared by the licensee for the purpose of
  546  such a waiver.
  547         (8)(11) A mortgage lender may close loans in its own name
  548  but may not service the loan for more than 4 months unless the
  549  lender has a servicing endorsement. Only a mortgage lender who
  550  continuously maintains a net worth of at least $250,000 may
  551  obtain a servicing endorsement.
  552         (9)(12) A mortgage lender must report to the office the
  553  failure to meet the applicable net worth requirements of s.
  554  494.00611 within 2 days after the mortgage lender’s knowledge of
  555  such failure or after the mortgage lender should have known of
  556  such failure.
  557         (10)(13) Each mortgage lender shall submit to the registry
  558  reports of condition which are in a form and which contain such
  559  information as the registry may require. The commission may
  560  prescribe by rule the deadline by which a mortgage lender must
  561  file a report of condition. For purposes of this section, the
  562  report of condition is synonymous with the registry’s Mortgage
  563  Call Report.
  564         Section 15. Section 494.0068, Florida Statutes, is
  565  repealed.
  566         Section 16. Subsection (1) of section 494.007, Florida
  567  Statutes, is amended to read:
  568         494.007 Commitment process.—
  569         (1) If a commitment is issued, the mortgage lender shall
  570  disclose in writing:
  571         (a) The expiration date of the commitment;
  572         (b) The mortgage amount, meaning the face amount of credit
  573  provided to the borrower or in the borrower’s behalf;
  574         (c) If the interest rate or other terms are subject to
  575  change before expiration of the commitment:
  576         1. The basis, index, or method, if any, which will be used
  577  to determine the rate at closing. Such basis, index, or method
  578  shall be established and disclosed with direct reference to the
  579  movement of an interest rate index or of a national or regional
  580  index that is available to and verifiable by the borrower and
  581  beyond the control of the lender; or
  582         2. The following statement, in at least 10-point bold type:
  583  “The interest rate will be the rate established by the lender in
  584  its discretion as its prevailing rate . . . days before
  585  closing.”; and
  586         (d) The amount of the commitment fee, if any, and whether
  587  and under what circumstances the commitment fee is refundable;
  588  and
  589         (d)(e) The time, if any, within which the commitment must
  590  be accepted by the borrower.
  591         Section 17. Section 494.0073, Florida Statutes, is amended
  592  to read:
  593         494.0073 Mortgage lender when acting as a mortgage broker.
  594  The provisions of this part do not prohibit a mortgage lender
  595  from acting as a mortgage broker. However, in mortgage
  596  transactions in which a mortgage lender acts as a mortgage
  597  broker, the provisions of ss. 494.0038, 494.004(2), 494.0042,
  598  and 494.0043(1), (2), and (3) apply.
  599         Section 18. Sections 494.0078, 494.0079, 494.00791,
  600  494.00792, 494.00793, 494.00794, 494.00795, 494.00796, and
  601  494.00797, Florida Statutes, are repealed.
  602         Section 19. Section 494.008, Florida Statutes, is repealed.
  603         Section 20. This act shall take effect July 1, 2014.
  604  
  605  ================= T I T L E  A M E N D M E N T ================
  606  And the title is amended as follows:
  607         Delete everything before the enacting clause
  608  and insert:
  609                        A bill to be entitled                      
  610         An act relating to loan originators, mortgage brokers,
  611         and mortgage lenders; amending s. 494.001, F.S.;
  612         adding and revising definitions; amending s. 494.0012,
  613         F.S.; authorizing the Office of Financial Regulation
  614         to conduct joint or concurrent examinations with other
  615         state or federal regulatory agencies; amending s.
  616         494.00255, F.S.; providing additional grounds for
  617         disciplinary action against a licensee or person
  618         required to be licensed; amending s. 494.00313, F.S.;
  619         providing additional requirements, fees, and
  620         consequences for failing to renew a loan originator
  621         license by a certain date; amending s. 494.00322,
  622         F.S.; providing additional requirements, fees, and
  623         consequences for a mortgage broker license renewal
  624         that is not submitted by a certain date; amending s.
  625         494.0036, F.S.; specifying requirements for the
  626         renewal of a mortgage broker branch office license;
  627         providing additional requirements, fees, and
  628         consequences for failing to renew a branch office
  629         license that is not submitted by a certain date;
  630         amending s. 494.0038, F.S.; deleting certain
  631         disclosure requirements relating to mortgage broker
  632         agreements; amending s. 494.004, F.S.; deleting
  633         certain notification requirements relating to mortgage
  634         loan transactions; authorizing the Financial Service
  635         Commission to specify a deadline for submitting
  636         reports of condition to the registry; amending s.
  637         494.0042, F.S.; deleting a cross-reference; repealing
  638         s. 494.00421, F.S., relating to fee disclosure
  639         requirements in a mortgage broker agreement; amending
  640         s. 494.00611, F.S.; correcting a cross-reference;
  641         amending s. 494.00612, F.S.; providing additional
  642         requirements, fees, and consequences for failing to
  643         renew a mortgage lender license that is not submitted
  644         by a certain date; amending s. 494.0066, F.S.;
  645         specifying mortgage lender branch office license
  646         renewal requirements; amending s. 494.0067, F.S.;
  647         deleting disclosure requirements relating to the
  648         provision of costs estimates for a mortgage loan;
  649         repealing s. 494.0068, F.S., relating to disclosure
  650         requirements in the loan application process; amending
  651         s. 494.007, F.S.; deleting a disclosure requirement
  652         relating to commitment fees; amending s. 494.0073,
  653         F.S.; deleting a cross-reference; repealing ss.
  654         494.0078, 494.0079, 494.00791, 494.00792, 494.00793,
  655         494.00794, 494.00795, 494.00796, and 494.00797, F.S.,
  656         relating to the Florida Fair Lending Act; repealing s.
  657         494.008, F.S., relating to Loans under Florida Uniform
  658         Land Sales Practices Law; providing an effective date.