The Florida Senate

¹494.0011  Powers and duties of the commission and office.--

(1)  The office shall be responsible for the administration and enforcement of ss. 494.001-494.0077.

(2)  The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 494.001-494.0077. The commission may adopt rules requiring electronic submission of any forms, documents, or fees required by this act if such rules reasonably accommodate technological or financial hardship. The commission may prescribe by rule requirements and procedures for obtaining an exemption due to a technological or financial hardship. The commission may also adopt rules to accept certification of compliance with requirements of this act in lieu of requiring submission of documents.

(3)  All fees, charges, and fines collected pursuant to ss. 494.001-494.0077 shall be deposited in the State Treasury to the credit of the Regulatory Trust Fund under the office.

(4)(a)  The office has the power to issue and to serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records, and other documents and materials relevant to an examination or investigation. The office, or its duly authorized representative, has the power to administer oaths and affirmations to any person.

(b)  The office may, in its discretion, seek subpoenas or subpoenas duces tecum from any court of competent jurisdiction commanding the appearance of witnesses and the production of books, accounts, records, and other documents or materials at a time and place named in the subpoenas; and any authorized representative of the office may serve any subpoena.

(5)(a)  In the event of substantial noncompliance with a subpoena or subpoena duces tecum issued or caused to be issued by the office, the office may petition the circuit court or any other court of competent jurisdiction of the county in which the person subpoenaed resides or has its principal place of business for an order requiring the subpoenaed person to appear and testify and to produce such books, accounts, records, and other documents as are specified in the subpoena duces tecum. The court may grant injunctive relief restraining the person from advertising, promoting, soliciting, entering into, offering to enter into, continuing, or completing any mortgage loan transaction or mortgage loan servicing transaction. The court may grant such other relief, including, but not limited to, the restraint, by injunction or appointment of a receiver, of any transfer, pledge, assignment, or other disposition of the person's assets or any concealment, alteration, destruction, or other disposition of books, accounts, records, or other documents and materials as the court deems appropriate, until the person has fully complied with the subpoena duces tecum and the office has completed its investigation or examination. In addition, the court may order the refund of any fees collected in a mortgage loan transaction whenever books and documents substantiating the transaction are not produced or cannot be produced. The office is entitled to the summary procedure provided in s. 51.011, and the court shall advance such cause on its calendar. Attorney's fees and any other costs incurred by the office to obtain an order granting, in whole or part, a petition for enforcement of a subpoena or subpoena duces tecum shall be taxed against the subpoenaed person, and failure to comply with such order is a contempt of court.

(b)  When it appears to the office that the compliance with a subpoena or subpoena duces tecum issued or caused to be issued by the office pursuant to this section is essential and otherwise unavailable to an investigation or examination, the office, in addition to the other remedies provided for in this section, may apply to the circuit court or any other court of competent jurisdiction of the county in which the subpoenaed person resides or has its principal place of business for a writ of ne exeat. The court shall thereupon direct the issuance of the writ against the subpoenaed person requiring sufficient bond conditioned on compliance with the subpoena or subpoena duces tecum. The court shall cause to be endorsed on the writ a suitable amount of bond upon the payment of which the person named in the writ shall be freed, having a due regard to the nature of the case.

(c)  Alternatively, the office may seek a writ of attachment from the court having jurisdiction over the person who has refused to obey a subpoena, who has refused to give testimony, or who has refused to produce the matters described in the subpoena duces tecum.

(6)  The grant or denial of any license under this chapter must be in accordance with s. 120.60

History.--ss. 2, 50, ch. 91-245; s. 4, ch. 91-429; s. 165, ch. 98-200; s. 20, ch. 99-155; s. 2, ch. 99-213; s. 514, ch. 2003-261; s. 2, ch. 2006-213; s. 3, ch. 2009-241.

¹Note.--Section 3, ch. 2009-241, amended s. 494.0011, effective October 1, 2010, to read:

494.0011  Powers and duties of the commission and office.--

(1)  The office shall be responsible for the administration and enforcement of ss. 494.001-494.0077.

(2)  To administer ss. 494.001-494.0077, the commission may adopt rules:

(a)  Requiring electronic submission of any forms, documents, or fees required by this act.

(b)  Relating to compliance with the S.A.F.E. Mortgage Licensing Act of 2008, including rules to:

1.  Require loan originators, mortgage brokers, mortgage lenders, and branch offices to register through the registry.

2.  Require the use of uniform forms that have been approved by the registry, and any subsequent amendments to such forms if the forms are substantially in compliance with the provisions of this chapter. Uniform forms that the commission may adopt include, but are not limited to:

a.  Uniform Mortgage Lender/Mortgage Broker Form, MU1.

b.  Uniform Mortgage Biographical Statement & Consent Form, MU2.

c.  Uniform Mortgage Branch Office Form, MU3.

d.  Uniform Individual Mortgage License/Registration & Consent Form, MU4.

3.  Require the filing of forms, documents, and fees in accordance with the requirements of the registry.

4.  Prescribe requirements for amending or surrendering a license or other activities as the commission deems necessary for the office's participation in the registry.

5.  Prescribe procedures that allow a licensee to challenge information contained in the registry.

6.  Prescribe procedures for reporting violations of this chapter and disciplinary actions on licensees to the registry.

(c)  Establishing time periods during which a loan originator, mortgage broker, or mortgage lender license applicant under part II or part III is barred from licensure due to prior criminal convictions of, or guilty or nolo contendere pleas by, any of the applicant's control persons, regardless of adjudication.

1.  The rules must provide:

a.  Permanent bars for felonies involving fraud, dishonesty, breach of trust, or money laundering;

b.  A 15-year disqualifying period for felonies involving moral turpitude;

c.  A 7-year disqualifying period for all other felonies; and

d.  A 5-year disqualifying period for misdemeanors involving fraud, dishonesty, or any other act of moral turpitude.

2.  The rules may provide for an additional waiting period due to dates of imprisonment or community supervision, the commitment of multiple crimes, and other factors reasonably related to the applicant's criminal history.

3.  The rules may provide for mitigating factors for crimes identified in sub-subparagraph 1.b. However, the mitigation may not result in a period of disqualification less than 7 years. The rule may not mitigate the disqualifying periods in sub-subparagraphs 1.a., 1.c., and 1.d.

4.  An applicant is not eligible for licensure until the expiration of the disqualifying period set by rule.

5.  Section 112.011 is not applicable to eligibility for licensure under this part.

(3)  Except as provided in s. 494.00172, all fees, charges, and fines collected pursuant to ss. 494.001-494.0077 shall be deposited in the Regulatory Trust Fund of the office.

(4)  The office shall participate in the registry and shall regularly report to the registry violations of this chapter, disciplinary actions, and other information deemed relevant by the office under this chapter.