Senate Bill 1326

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    Florida Senate - 1999                                  SB 1326

    By Senator Lee





    23-707-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to mortgage brokers and

  3         lenders; amending s. 494.001, F.S.; revising

  4         definitions; amending s. 494.0012, F.S.;

  5         requiring the Department of Banking and Finance

  6         to charge a fee for certain examinations;

  7         deleting a limitation on aggregate amount of

  8         examination fees; requiring the department to

  9         conduct certain examinations in this state;

10         providing an exception; revising travel expense

11         and per diem subsistence requirements for

12         licensees; amending s. 494.00125, F.S.;

13         deleting references to registrations and

14         permits; amending s. 494.0016, F.S.; specifying

15         department prescription by rule of certain

16         required information; creating s. 494.00165,

17         F.S.; prohibiting certain advertising

18         activities; requiring a record of certain

19         advertisements; amending s. 494.0025, F.S.;

20         deleting certain prohibited advertising

21         activities; prohibiting payment of a mortgage

22         transaction fee or commission to other than

23         certain actively licensed persons; amending s.

24         494.0031, F.S.; providing for licensure of

25         mortgage brokerage business branches;

26         increasing license fees; deleting references to

27         registrations and permits; amending s.

28         494.0032, F.S.; providing for renewal of branch

29         licenses; increasing license renewal fees;

30         providing for reversion of licenses to inactive

31         status under certain circumstances; providing

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         for reactivation of licenses; providing for a

  2         reactivation fee; amending s. 494.0033, F.S.;

  3         specifying an application fee; clarifying

  4         provisions; amending s. 494.00331, F.S.;

  5         prohibiting simultaneous multiple licensures;

  6         amending s. 494.0034, F.S.; deleting an

  7         automatic license expiration provision;

  8         clarifying provisions; amending s. 494.0036,

  9         F.S.; requiring a license to operate a mortgage

10         brokerage business branch office; requiring

11         display of licenses; amending s. 494.0038,

12         F.S.; clarifying the timing of certain

13         disclosures; amending s. 494.0039, F.S.;

14         revising mortgage brokerage business principal

15         place of business requirements; amending s.

16         494.0038, F.S.; amending s. 494.004, F.S.;

17         including pleas of nolo contendere to certain

18         crimes within certain licensee reporting

19         requirements; requiring licensees to report

20         conviction or pleas of nolo contendere to

21         felonies; requiring licensees to provide the

22         department with certain information relating to

23         associated mortgage brokers; requiring the

24         department to adopt certain rules; amending s.

25         494.0041, F.S.; revising the list of acts

26         constituting grounds for disciplinary action;

27         amending s. 494.0061, F.S.; providing for

28         mortgage lender branch office licenses;

29         increasing a license fee; clarifying

30         provisions; amending s. 494.0062, F.S.;

31         providing for correspondent mortgage lender

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         branch office licenses; increasing a license

  2         fee; clarifying provisions; amending s.

  3         494.0064, F.S.; providing for renewal of

  4         certain licenses; increasing license renewal

  5         fees; providing for reversion of licenses to

  6         inactive status; deleting an automatic license

  7         expiration provision; amending s. 494.0066,

  8         F.S.; requiring mortgage lender and

  9         correspondent mortgage lender branch office

10         licenses; increasing license fees; amending s.

11         494.0067, F.S.; requiring display of certain

12         licenses; requiring registration of loan

13         originators; requiring certain information

14         relating to loan originators; amending s.

15         494.0072, F.S.; revising a list of certain acts

16         constituting grounds for disciplinary action;

17         clarifying application of certain disciplinary

18         actions; amending s. 494.0073, F.S.; providing

19         for mortgage lenders or correspondent mortgage

20         lenders to act as mortgage brokerage

21         businesses; repealing s. 494.0037, F.S.,

22         relating to books, accounts, and records;

23         providing effective dates.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 494.001, Florida Statutes, is

28  amended to read:

29         494.001  Definitions.--As used in ss. 494.001-494.0077,

30  the term:

31

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (1)  "Act as a correspondent mortgage lender" means to

  2  make a mortgage loan.

  3         (2)  "Act as a loan originator" means being employed by

  4  a mortgage lender or correspondent mortgage lender, for

  5  compensation or gain or in the expectation of compensation or

  6  gain, to negotiate or offer to negotiate the making of a

  7  mortgage loan.  A person whose activities are ministerial and

  8  clerical, which may include quoting available interest rates

  9  or loan terms and conditions, is not acting as a loan

10  originator.

11         (3)(2)  "Act as a mortgage broker" means, for

12  compensation or gain, or in the expectation of compensation or

13  gain, either directly or indirectly, accepting or offering to

14  accept an application for a mortgage loan, soliciting or

15  offering to solicit a mortgage loan on behalf of a borrower,

16  negotiating or offering to negotiate the terms or conditions

17  of a mortgage loan on behalf of a lender, or negotiating or

18  offering to negotiate the sale of an existing mortgage loan to

19  a noninstitutional investor.

20         (4)(3)  "Act as a mortgage lender" means to make a

21  mortgage loan or to service a mortgage loan for others or, for

22  compensation or gain, or in the expectation of compensation or

23  gain, either directly or indirectly, to sell or offer to sell

24  a mortgage loan to a noninstitutional investor.

25         (5)(4)  "Associate" means for the purposes of ss.

26  494.003-494.0043 solely, a person required to be licensed as a

27  mortgage broker under this chapter who is employed by or

28  acting as an independent contractor for a mortgage brokerage

29  business or a person acting as an independent contractor for a

30  mortgage lender or correspondent mortgage lender.  The use of

31  the term associate, in contexts other than in the

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  administration of ss. 494.003-494.0077 ss. 494.003-494.0043,

  2  shall not be construed to impose or effect the common-law or

  3  statutory liability of the employer.

  4         (6)(5)  "Branch broker" means the licensee in charge

  5  of, and responsible for, the operation of a branch office of a

  6  mortgage brokerage business.

  7         (7)  "Branch office" means a location, other than a

  8  licensee's principal place of business:

  9         (a)  The address of which appears on business cards,

10  stationery, or advertising used by the licensee in connection

11  with business conducted under this chapter;

12         (b)  At which the licensee's name, advertising or

13  promotional materials, or signage suggest that mortgage loans

14  are originated, negotiated, funded, or serviced; or

15         (c)  Which, due to the actions of any employee or

16  associate of the licensee, may be construed by the public as a

17  branch office of the licensee where mortgage loans are

18  originated, negotiated, funded, or serviced.

19         (8)(6)  "Department" means the Department of Banking

20  and Finance.

21         (9)  "Employed" means engaged in the service of another

22  for salary or wages subject to withholding, FICA, or other

23  lawful deductions by the employer as a condition of

24  employment. An "employee" is a natural person who is employed

25  and who is subject to the right of the employer to direct and

26  control the actions of the employee.

27         (10)(7)  "Good standing" means that the registrant or

28  licensee, or a subsidiary or affiliate thereof, is not, at the

29  time of application, being penalized for one or more of the

30  following disciplinary actions by a licensing authority of any

31  state, territory, or country:

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (a)  Revocation of a license or registration.

  2         (b)  Suspension of a license or registration.

  3         (c)  Probation of a license or registration for an

  4  offense involving fraud, dishonest dealing, or an act of moral

  5  turpitude.

  6         (11)(8)  "Institutional investor" means a state or

  7  national bank, state or federal savings and loan association

  8  or savings bank, real estate investment trust, insurance

  9  company, real estate company, accredited investor as defined

10  in 17 C.F.R. ss. 230.501 et seq., business licensed under ss.

11  494.001-494.0077, or other business entity that invests in

12  mortgage loans, including a secondary mortgage market

13  institution including, without limitation, the Federal

14  National Mortgage Association, the Federal Home Loan Mortgage

15  Corporation, and the Government National Mortgage Association,

16  conduits, investment bankers, and any subsidiary of such

17  entities.

18         (12)(9)  "Loan commitment" or "commitment" means a

19  statement by the lender setting forth the terms and conditions

20  upon which the lender is willing to make a particular mortgage

21  loan to a particular borrower.

22         (13)(10)  "Lock-in agreement" means an agreement

23  whereby the lender guarantees for a specified number of days

24  or until a specified date the availability of a specified rate

25  of interest or specified formula by which the rate of interest

26  will be determined and/or specific number of discount points,

27  if the loan is approved and closed within the stated period of

28  time.

29         (14)(11)  "Make a mortgage loan" means to close a

30  mortgage loan in a person's name or to advance funds, offer to

31

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  advance funds, or make a commitment to advance funds to an

  2  applicant for a mortgage loan.

  3         (15)(12)  "Mortgage brokerage broker fee" means a fee

  4  received for acting as a mortgage broker.

  5         (16)(13)  "Mortgage brokerage business" means a person

  6  acting as a mortgage broker.

  7         (17)  "Mortgage loan" means any:

  8         (a)  Residential mortgage loan;

  9         (b)  Loan on commercial real property if the borrower

10  is a natural person or the lender is a noninstitutional

11  investor; or

12         (c)  Loan on improved real property consisting of 5 or

13  more dwelling units if the borrower is a natural person or the

14  lender is a noninstitutional investor.

15         (18)(14)  "Net worth" means total assets minus total

16  liabilities pursuant to generally accepted accounting

17  principles.

18         (19)(15)  "Noninstitutional investor" means an investor

19  other than an institutional investor.

20         (20)(16)  "Nonresidential mortgage loan" means a

21  mortgage loan other than a residential mortgage loan.

22         (21)(17)  "Person" means an individual, partnership,

23  corporation, association, or other group, however organized.

24         (22)(18)  "Principal broker" means a licensee in charge

25  of, and responsible for, the operation of the principal place

26  of business and all branch brokers.

27         (23)  "Principal place of business" means a licensee's

28  primary business office the street address or physical

29  location of which is designated on the application for

30  licensure or any amendment to such application.

31

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (24)(19)  "Residential mortgage loan" means any

  2  mortgage or other security instrument secured by improved real

  3  property consisting of no more than four dwelling units.

  4         (25)(20)  "Service a mortgage loan" means to receive or

  5  cause to be received or transferred for another installment

  6  payments of principal, interest, or other payments pursuant to

  7  a mortgage loan.

  8         (26)(21)  "Substantial fault of the borrower" means

  9  that the borrower:

10         (a)  Failed to provide information or documentation

11  required by the lender or broker in a timely manner;

12         (b)  Provided information, in the application or

13  subsequently, which upon verification proved to be

14  significantly inaccurate, causing the need for review or

15  further investigation by the lender or broker;

16         (c)  Failed to produce no later than the date specified

17  by the lender all documentation specified in the commitment or

18  closing instructions as being required for closing; or

19         (d)  Failed to be ready, willing, or able to close the

20  loan no later than the date specified by the lender or broker.

21

22  For purposes of this definition, a borrower is considered to

23  have provided information or documentation in a timely manner

24  if such information and documentation was received by the

25  lender within 7 days after the borrower received a request for

26  same, and information is considered significantly inaccurate

27  if the correct information materially affects the eligibility

28  of the borrower for the loan for which application is made.

29         (26)(22)  "Ultimate equitable owner" means a natural

30  person who, directly or indirectly, owns or controls an

31  ownership interest in a corporation, a foreign corporation, an

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  alien business organization, or any other form of business

  2  organization, regardless of whether such natural person owns

  3  or controls such ownership interest through one or more

  4  natural persons or one or more proxies, powers of attorney,

  5  nominees, corporations, associations, partnerships, trusts,

  6  joint stock companies, or other entities or devices, or any

  7  combination thereof.

  8         Section 2.  Effective September 1, 2000, subsection (3)

  9  of section 494.0012, Florida Statutes, is amended to read:

10         494.0012  Investigations; complaints; examinations.--

11         (3)(a)  The department may, at intermittent periods,

12  conduct examinations of any licensee or other person under the

13  provisions of ss. 494.001-494.0077.  The department may charge

14  an examination fee prescribed by rule, but such fee may not

15  exceed $300 per 8-hour day for each examiner.  Such

16  examination fee shall be calculated on an hourly basis and

17  shall be rounded to the nearest hour.

18         (b)  The department shall conduct all examinations at a

19  convenient location in this state unless the department

20  determines that it is more effective or cost-efficient to

21  perform an examination at the licensee's out-of-state

22  location.  For an examination performed at the licensee's

23  out-of-state location travel, the licensee shall also pay the

24  travel expense and per diem subsistence at the rate provided

25  by law for up to 30 8-hour days per year for each department

26  examiner who participates in such an examination.  However, if

27  the examination involves or reveals possible fraudulent

28  conduct by the licensee, the licensee shall pay the travel

29  expense and per diem subsistence provided by law, without

30  limitation, for each participating examiner allowance provided

31  for state employees under s. 112.061.  The department may not

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  charge more than $500 in examination fees per biennial period

  2  to any one mortgage brokerage business, mortgage lender, or

  3  correspondent mortgage lender.

  4         Section 3.  Paragraph (a) of subsection (1) of section

  5  494.00125, Florida Statutes, is amended to read:

  6         494.00125  Confidentiality of information relating to

  7  investigations and examinations.--

  8         (1)(a)  Except as otherwise provided by this section,

  9  information relative to an investigation or examination by the

10  department pursuant to this chapter, including any consumer

11  complaint, is confidential and exempt from s. 119.07(1) until

12  the investigation or examination is completed or ceases to be

13  active. The information compiled by the department in such an

14  investigation or examination shall remain confidential and

15  exempt from s. 119.07(1) after the department's investigation

16  or examination is completed or ceases to be active if the

17  department submits the information to any law enforcement or

18  administrative agency for further investigation.  Such

19  information shall remain confidential and exempt from s.

20  119.07(1) until that agency's investigation is completed or

21  ceases to be active.  For purposes of this section, an

22  investigation or examination shall be considered "active" so

23  long as the department or any law enforcement or

24  administrative agency is proceeding with reasonable dispatch

25  and has a reasonable good faith belief that the investigation

26  or examination may lead to the filing of an administrative,

27  civil, or criminal proceeding or to the denial or conditional

28  grant of a license, registration, or permit.  This section

29  shall not be construed to prohibit disclosure of information

30  which is required by law to be filed with the department and

31

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  which, but for the investigation or examination, would be

  2  subject to s. 119.07(1).

  3         Section 4.  Subsection (4) of section 494.0016, Florida

  4  Statutes, is amended to read:

  5         494.0016  Books, accounts, and records; maintenance;

  6  examinations by the department.--

  7         (4)  The department may prescribe by rule the minimum

  8  information to be shown in the books, accounts, records, and

  9  documents of licensees so that such records will enable the

10  department to determine the licensee's compliance with ss.

11  494.001-494.0077.

12         Section 5.  Section 494.00165, Florida Statutes, is

13  created to read:

14         494.00165  Prohibited advertising; record

15  requirements.--

16         (1)  It is a violation of this chapter for any person

17  to:

18         (a)  Advertise that an applicant will have unqualified

19  access to credit without disclosing what material limitations

20  on the availability of credit exist. Such material limitations

21  include, but are not limited to, the percentage of down

22  payment required, the fact that a higher rate or points could

23  be required, or the fact that restrictions as to the maximum

24  principal amount of the loan offered could apply.

25         (b)  Advertise a mortgage loan at an expressed interest

26  rate unless the advertisement specifically states that the

27  expressed rate could change or not be available at commitment

28  or closing.

29         (c)  Advertise mortgage loans, including rates,

30  margins, discounts, points, fees, commissions, or other

31  material information, including material limitations on such

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  loans, unless such person is able to make such mortgage loans

  2  available to a reasonable number of qualified applicants.

  3         (d)  Falsely advertise or misuse names indicating a

  4  federal agency pursuant to 18 U.S.C. s. 709.

  5         (2)  Each person who is required to be licensed under

  6  this chapter shall maintain a record of samples of each of its

  7  advertisements, including commercial scripts of each radio or

  8  television broadcast, for examination by the department for a

  9  period of 2 years after the date of publication or broadcast.

10         Section 6.  Present subsections (6), (7), (8), and (11)

11  of section 494.0025, Florida Statutes, are amended, present

12  subsections (9), (10), and (12) of that section are renumbered

13  as subsections (6), (7), and (8), respectively, and a new

14  subsection (9) is added to that section, to read:

15         494.0025  Prohibited practices.--It is unlawful for any

16  person:

17         (6)  To advertise that an applicant will have

18  unqualified access to credit without disclosing what material

19  limitations on the availability of credit exist, such as the

20  percentage of down payment required, that a higher rate or

21  points could be required, or that restrictions as to the

22  maximum principal amount of the loan offered could apply.

23         (7)  To advertise a mortgage loan where a prevailing

24  rate is indicated in the advertisement, unless the

25  advertisement specifically states that the expressed rate

26  could change or not be available at commitment or closing.

27         (8)  To advertise mortgage loans, including rates,

28  margins, discounts, points, fees, commissions, or other

29  material information, including material limitations on such

30  loans, unless such person is able to make such mortgage loans

31  available to a reasonable number of qualified applicants.

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (11)  Who is required to be licensed under ss.

  2  494.001-494.0077, to falsely advertise or misuse names

  3  indicating a federal agency pursuant to 18 U.S.C. s. 709.

  4         (9)  To pay a fee or commission in any mortgage loan

  5  transaction to any person or entity other than a mortgage

  6  brokerage business, mortgage lender, or correspondent mortgage

  7  lender operating under an active license or to a person exempt

  8  from licensure under this chapter.

  9         Section 7.  Subsections (1), (4), and (5) of section

10  494.0031, Florida Statutes, are amended to read:

11         494.0031  Licensure as a mortgage brokerage business.--

12         (1)  The department shall issue a mortgage brokerage

13  business license to each person who:

14         (a)  Has submitted a completed application form and a

15  nonrefundable application fee of $425 in an amount that may

16  not exceed $350; and

17         (b)  Has a qualified principal broker pursuant to s.

18  494.0035.

19         (4)  A mortgage brokerage business or branch office

20  license, permit, or registration may be canceled if it was

21  issued through mistake or inadvertence of the department. A

22  notice of cancellation must be issued by the department within

23  90 days after the issuance of the license.  A notice of

24  cancellation shall be effective upon receipt. The notice of

25  cancellation shall provide the applicant with notification of

26  the right to request a hearing within 21 days after the

27  applicant's receipt of the notice of cancellation.  A license,

28  permit, or registration shall be reinstated if the applicant

29  can demonstrate that the requirements for obtaining the

30  license, permit, or registration pursuant to this chapter ss.

31  494.001-494.0077 have been satisfied.

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (5)  If an initial mortgage brokerage business or

  2  branch office license, permit, or registration has been issued

  3  but the check upon which the license, permit, or registration

  4  is based is returned due to insufficient funds, the license,

  5  permit, or registration shall be deemed canceled.  A license,

  6  permit, or registration deemed canceled pursuant to this

  7  subsection shall be reinstated if the department receives a

  8  certified check for the appropriate amount within 30 days

  9  after the date the check was returned due to insufficient

10  funds.

11         Section 8.  Section 494.0032, Florida Statutes, is

12  amended to read:

13         494.0032  Renewal of mortgage brokerage business

14  license; permit renewal of mortgage brokerage business branch

15  office license.--

16         (1)  The department shall renew a mortgage brokerage

17  business license upon receipt of a completed renewal form and

18  payment of a renewal fee of $375 that may not exceed $300.

19  Each licensee shall pay at the time of renewal a fee of $225

20  that may not exceed $150 for the renewal of each branch office

21  license permit.

22         (2)  The department shall adopt rules establishing a

23  procedure for the biennial renewal of mortgage brokerage

24  business licenses and branch office licenses permits.  The

25  department may prescribe the form for renewal and may require

26  an update of all information provided in the licensee's

27  initial application.

28         (3)  A mortgage brokerage business or branch office

29  license that is not renewed by the end of the biennium

30  established by the department shall revert from active to

31  inactive status.  An inactive license may be reactivated

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  within 6 months after becoming inactive by filing a completed

  2  reactivation form with the department, payment of the renewal

  3  fee, and payment of a reactivation fee of $100.  The

  4  department may set by rule a late renewal fee in an amount

  5  that may not exceed $100.

  6         (4)  A license that is not renewed within 6 months

  7  after the end of the biennial period automatically expires.

  8         Section 9.  Subsections (2), (6), and (7) of section

  9  494.0033, Florida Statutes, are amended to read:

10         494.0033  Mortgage broker's license.--

11         (2)  Each initial application for a mortgage broker's

12  license must be in written form as prescribed by the

13  department. The department may require each applicant to

14  provide any information reasonably necessary to make a

15  determination of the applicant's eligibility for licensure.

16  The department shall issue an initial license to any natural

17  person who:

18         (a)  Is at least 18 years of age;

19         (b)  Has passed a written test adopted by the

20  department which is designed to determine competency in

21  primary and subordinate mortgage financing transactions as

22  well as to test knowledge of ss. 494.001-494.0077 and the

23  rules adopted pursuant thereto;

24         (c)  Has submitted a completed application and a

25  nonrefundable application fee of that may not exceed $200.

26  The department may set by rule an additional fee for a retake

27  of the examination; and

28         (d)  Has filed a complete set of fingerprints, taken by

29  an authorized law enforcement officer, for submission by the

30  department to the Department of Law Enforcement or the Federal

31  Bureau of Investigation for processing.

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1         (6)  A mortgage broker license, permit, or registration

  2  may be canceled if it was issued through mistake or

  3  inadvertence of the department. A notice of cancellation must

  4  be issued by the department within 90 days after the issuance

  5  of the license.  A notice of cancellation shall be effective

  6  upon receipt. The notice of cancellation shall provide the

  7  applicant with notification of the right to request a hearing

  8  within 21 days after the applicant's receipt of the notice of

  9  cancellation.  A license, permit, or registration shall be

10  reinstated if the applicant can demonstrate that the

11  requirements for obtaining the license, permit, or

12  registration pursuant to this chapter ss. 494.001-494.0077

13  have been satisfied.

14         (7)  If an initial mortgage broker license, permit, or

15  registration has been issued but the check upon which the

16  license, permit, or registration is based is returned due to

17  insufficient funds, the license, permit, or registration shall

18  be deemed canceled.  A license, permit, or registration deemed

19  canceled pursuant to this subsection shall be reinstated if

20  the department receives a certified check for the appropriate

21  amount within 30 days after the date the check was returned

22  due to insufficient funds.

23         Section 10.  Section 494.00331, Florida Statutes, is

24  amended to read:

25         494.00331  Mortgage broker association.--No person

26  required to be licensed acting as a mortgage broker under this

27  chapter shall be simultaneously an associate of more than one

28  licensed a single mortgage brokerage business, licensed

29  mortgage lender, or licensed correspondent mortgage lender.

30         Section 11.  Subsections (1), (3), and (4) of section

31  494.0034, Florida Statutes, are amended to read:

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    23-707-99                                               See HB




  1         494.0034  Renewal of mortgage broker's license.--

  2         (1)  The department shall renew a mortgage broker

  3  broker's license upon receipt of the completed renewal form

  4  and payment of a renewal fee of that may not exceed $150.

  5         (3)  A license that is not renewed by the end of the

  6  biennium prescribed by the department shall revert from active

  7  automatically reverts to inactive status.  An inactive license

  8  may be reactivated within 2 years after becoming inactive by

  9  the filing of a completed reactivation form application with

10  the department, payment of the renewal fee, and payment of a

11  reactivation fee of $100.

12         (4)  A license that is not renewed within 2 years after

13  becoming inactive automatically expires.

14         Section 12.  Section 494.0036, Florida Statutes, is

15  amended to read:

16         494.0036  Mortgage brokerage business branch offices.--

17         (1)  A mortgage brokerage business branch office

18  license permit is required for each branch office maintained

19  by a mortgage brokerage business licensee.

20         (2)  The department shall issue a mortgage brokerage

21  business branch office license permit upon receipt of a

22  completed application in a form as prescribed by the

23  department rule and payment of an initial branch office

24  license permit fee of $225 that may not exceed $150.  Branch

25  office licenses permits must be renewed in conjunction with

26  the renewal of the mortgage brokerage business license.  The

27  branch office license permit shall be issued in the name of

28  the mortgage brokerage business that maintains the branch

29  office.

30         (3)  Each branch office must prominently display the

31  license issued for such branch office. Each person licensed as

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    23-707-99                                               See HB




  1  a mortgage broker must prominently display his or her license

  2  in the office where such person acts as a mortgage broker.

  3         Section 13.  Subsection (2) of section 494.0038,

  4  Florida Statutes, is amended to read:

  5         494.0038  Mortgage broker disclosures.--

  6         (2)  At the time Prior to entering into a written

  7  agreement is executed by the borrower or at the time the

  8  mortgage brokerage business accepts accepting> an application,

  9  an application fee, credit report fee, property appraisal fee,

10  or any other third-party fee, the a mortgage brokerage

11  business shall must disclose in writing to any applicant for a

12  mortgage loan the following information:

13         (a)  That such mortgage brokerage business may not make

14  mortgage loans or commitments.  The mortgage brokerage

15  business may make a commitment and may furnish a lock-in of

16  the rate and program on behalf of the lender when the mortgage

17  brokerage business has obtained a written commitment or

18  lock-in for the loan from the lender on behalf of the borrower

19  for the loan.  The commitment must be in the same form and

20  substance as issued by the lender.

21         (b)  That such mortgage brokerage business cannot

22  guarantee acceptance into any particular loan program or

23  promise any specific loan terms or conditions.

24         (c)  A good faith estimate of the credit report fee,

25  property appraisal fee, or any other third-party fee and the

26  terms and conditions for obtaining a refund of such fees, if

27  any.  Any amount collected in excess of the actual cost shall

28  be returned within 60 days after rejection, withdrawal, or

29  closing.

30         Section 14.  Subsections (1) and (3) of section

31  494.0039, Florida Statutes, are amended to read:

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    23-707-99                                               See HB




  1         494.0039  Principal place of business requirements.--

  2         (1)  Each mortgage brokerage business licensee shall

  3  maintain and transact business from a principal place of

  4  business in the state.  A principal place of business or

  5  branch office must consist of at least one enclosed room or

  6  building of stationary construction in which negotiations of

  7  mortgage loan transactions of others may be conducted and

  8  carried on in privacy and in which all of the books, records,

  9  and files pertaining to mortgage loan transactions of others

10  are maintained, and:

11         (a)  Must be in compliance with local zoning ordinances

12  and must have posted any occupational licenses required by

13  local government agencies.  It is the responsibility of the

14  licensee to meet local zoning ordinances and obtain the

15  required occupational licenses; and

16         (b)  Must maintain a sign that is publicly displayed.

17  Such sign must contain the name of the licensee under ss.

18  494.003-494.0043 and the words "Licensed Mortgage Brokerage

19  Business."

20         (3)  Each mortgage brokerage business must prominently

21  display its license at the principal place of business.  Each

22  branch office must prominently display its branch office

23  permit. Each person licensed mortgage broker pursuant to s.

24  494.0033 must prominently display his or her license in the

25  office where such person acts as a mortgage broker.

26         Section 15.  Subsection (1) of section 494.004, Florida

27  Statutes, is amended, present subsections (2), (3), and (4) of

28  that section are renumbered as subsections (3), (4), and (5),

29  respectively, and a new subsection (2) is added to that

30  section, to read:

31         494.004  Requirements of licensees.--

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  1         (1)  Each licensee under ss. 494.003-494.0043 shall

  2  report, in writing, any conviction of, or plea of nolo

  3  contendere to, regardless of adjudication, any crime or

  4  administrative violation that involves fraud, dishonest

  5  dealing, or any other act of moral turpitude, in any

  6  jurisdiction, by the licensee or any natural person named in,

  7  pursuant to s. 494.0031(3), not later than 30 days after the

  8  date of conviction, entry of a plea of nolo contendere, or

  9  final administrative action.

10         (2)  Each licensee under ss. 494.003-494.0043 shall

11  report, in writing, any conviction of, or plea of nolo

12  contendere to, regardless of whether adjudication is withheld,

13  any felony committed by the licensee or any natural person

14  named in s. 494.0031(3), not later than 30 days after the date

15  of conviction or the date the plea of nolo contendere is

16  entered.

17         Section 16.  Effective January 1, 2000, subsection (6)

18  is added to section 494.004, Florida Statutes, as amended by

19  this act, to read:

20         494.004  Requirements of licensees.--

21         (6)  On or before April 30, 2000, each mortgage

22  brokerage business shall file an initial report stating the

23  name, social security number, date of birth, mortgage broker

24  license number, date of hire and, if applicable, date of

25  termination for each person who was an associate of the

26  mortgage brokerage business during the immediate preceding

27  quarter.  Thereafter, a mortgage brokerage business shall file

28  a quarterly report only if a person became an associate or

29  ceased to be an associate of the mortgage brokerage business

30  during the immediate preceding quarter.  Such report shall be

31  filed within 30 days after the last day of each calendar

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  quarter and shall contain the name, social security number,

  2  date of birth, mortgage broker license number, date of hire

  3  and, if applicable, the date of termination of each person who

  4  became or ceased to be an associate of the mortgage brokerage

  5  business during the immediate preceding quarter.  The

  6  department shall prescribe, by rule, the procedures for filing

  7  reports required by this subsection.

  8         Section 17.  Paragraph (a) of subsection (2) of section

  9  494.0041, Florida Statutes, is amended, and paragraph (r) is

10  added to that subsection, to read:

11         494.0041  Administrative penalties and fines; license

12  violations.--

13         (2)  Each of the following acts constitutes a ground

14  for which the disciplinary actions specified in subsection (1)

15  may be taken:

16         (a)  Pleading nolo contendere to, or having been Being

17  convicted or found guilty of, regardless of whether

18  adjudication is withheld, of a crime involving in any

19  jurisdiction which involves fraud, dishonest dealing, or any

20  other act of moral turpitude.

21         (r)  Failure to timely pay any fee, charge, or fine

22  imposed or assessed pursuant to this chapter or rules adopted

23  under this chapter.

24         Section 18.  Subsections (1), (6), and (7) of section

25  494.0061, Florida Statutes, are amended to read:

26         494.0061  Mortgage lender's license requirements.--

27         (1)  The department may require each applicant for a

28  mortgage lender lender's license to provide any information

29  reasonably necessary to make a determination of the

30  applicant's eligibility for licensure.  The department shall

31

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    Florida Senate - 1999                                  SB 1326
    23-707-99                                               See HB




  1  issue an initial mortgage lender lender's license to any

  2  person that submits:

  3         (a)  A completed application form;

  4         (b)  A nonrefundable fee of $575 set by rule of the

  5  department in an amount that may not exceed $500;

  6         (c)  Audited financial statements, which documents

  7  disclose that the applicant has a bona fide and verifiable net

  8  worth, pursuant to generally accepted accounting principles,

  9  of at least $250,000, which must be continuously maintained as

10  a condition of licensure;

11         (d)  A surety bond in the amount of $10,000, payable to

12  the state and conditioned upon compliance with ss.

13  494.001-494.0077, which inures to the department and which

14  must be continuously maintained thereafter in full force; and

15         (e)  Documentation that the applicant is duly

16  incorporated, registered, or otherwise formed as a general

17  partnership, limited partnership, limited liability company,

18  or other lawful entity under the laws of this state or another

19  state of the United States.

20         (6)  A mortgage lender or branch office license,

21  permit, or registration may be canceled if it was issued

22  through mistake or inadvertence of the department. A notice of

23  cancellation must be issued by the department within 90 days

24  after the issuance of the license.  A notice of cancellation

25  shall be effective upon receipt.  The notice of cancellation

26  shall provide the applicant with notification of the right to

27  request a hearing within 21 days after the applicant's receipt

28  of the notice of cancellation.  A license, permit, or

29  registration shall be reinstated if the applicant can

30  demonstrate that the requirements for obtaining the license,

31

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    23-707-99                                               See HB




  1  permit, or registration pursuant to this chapter ss.

  2  494.001-494.0077 have been satisfied.

  3         (7)  If an initial mortgage lender or branch office

  4  license, permit, or registration has been issued but the check

  5  upon which the license, permit, or registration is based is

  6  returned due to insufficient funds, the license, permit, or

  7  registration shall be deemed canceled.  A license, permit, or

  8  registration deemed canceled pursuant to this subsection shall

  9  be reinstated if the department receives a certified check for

10  the appropriate amount within 30 days after the date the check

11  was returned due to insufficient funds.

12         Section 19.  Subsections (1), (9), and (10) of section

13  494.0062, Florida Statutes, are amended to read:

14         494.0062  Correspondent mortgage lender's license

15  requirements.--

16         (1)  The department shall issue an initial

17  correspondent mortgage lender lender's license to any person

18  who submits:

19         (a)  A completed application form;

20         (b)  A nonrefundable fee of $500 set by rule of the

21  department in an amount that may not exceed $400;

22         (c)  Audited financial statements, which document that

23  the application has a bona fide and verifiable net worth

24  pursuant to generally accepted accounting principles of

25  $25,000 or more, which must be continuously maintained as a

26  condition of licensure;

27         (d)  A surety bond in the amount of $10,000, payable to

28  the State of Florida and conditioned upon compliance with ss.

29  494.001-494.0077, which inures to the department and which

30  must be continuously maintained, thereafter, in full force;

31  and

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    23-707-99                                               See HB




  1         (e)  Documentation that the applicant is duly

  2  incorporated, registered, or otherwise formed as a general

  3  partnership, limited partnership, limited liability company,

  4  or other lawful entity under the laws of this state or another

  5  state of the United States.

  6         (9)  A correspondent mortgage lender or branch office

  7  license, permit, or registration may be canceled if it was

  8  issued through mistake or inadvertence of the department. A

  9  notice of cancellation must be issued by the department within

10  90 days after the issuance of the license.  A notice of

11  cancellation shall be effective upon receipt. The notice of

12  cancellation shall provide the applicant with notification of

13  the right to request a hearing within 21 days after the

14  applicant's receipt of the notice of cancellation.  A license,

15  permit, or registration shall be reinstated if the applicant

16  can demonstrate that the requirements for obtaining the

17  license, permit, or registration pursuant to this chapter ss.

18  494.001-494.0077 have been satisfied.

19         (10)  If an initial correspondent mortgage lender or

20  branch office license, permit, or registration has been issued

21  but the check upon which the license, permit, or registration

22  is based is returned due to insufficient funds, the license,

23  permit, or registration shall be deemed canceled.  A license,

24  permit, or registration deemed canceled pursuant to this

25  subsection shall be reinstated if the department receives a

26  certified check for the appropriate amount within 30 days

27  after the date the check was returned due to insufficient

28  funds.

29         Section 20.  Subsections (1), (3), and (4) of section

30  494.0064, Florida Statutes, are amended to read:

31

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  1         494.0064  Renewal of mortgage lender's license; branch

  2  office permit renewal.--

  3         (1)  The department shall renew a mortgage lender

  4  lender's license or correspondent lender's license upon

  5  receipt of a completed renewal form and the renewal fee of

  6  $575, in an amount not exceeding $500.  The department shall

  7  renew a correspondent lender license upon receipt of a

  8  completed renewal form and a renewal fee of $475.  Each

  9  licensee shall pay at the time of renewal a fee of $325 that

10  may not exceed $250 for the renewal of each branch office

11  license permit.

12         (3)  The license of a mortgage lender, correspondent

13  mortgage lender, or branch office which is not renewed by the

14  end of the biennium prescribed by the department automatically

15  reverts to inactive status.  An inactive license may be

16  reactivated within 6 months after becoming inactive by filing

17  a completed reactivation form with the department, payment of

18  the appropriate renewal fee, and payment of a reactivation fee

19  of $100.  A fee of $100 shall be charged for late renewal.

20         (4)  A license that is not renewed within 6 months

21  after the end of the biennial period automatically expires.

22         Section 21.  Subsections (1) and (2) of section

23  494.0066, Florida Statutes, are amended to read:

24         494.0066  Branch offices.--

25         (1)  A branch office license permit is required for

26  each branch office maintained by a licensee under ss.

27  494.006-494.0077.

28         (2)  The department shall issue a branch office license

29  permit upon receipt of a completed application form as

30  prescribed by the department and an initial branch office

31  license permit fee of $325 set by rule of the department in an

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  1  amount that may not exceed $250.  The branch office

  2  application must include the name and license number of the

  3  licensee under ss. 494.006-494.0077, the name of the

  4  licensee's employee in charge of the branch office, and the

  5  address of the branch office.  The branch office license

  6  permit shall be issued in the name of the licensee under ss.

  7  494.006-494.0077 and must be renewed in conjunction with the

  8  license renewal.

  9         Section 22.  Subsections (1), (2), (3), and (9) of

10  section 494.0067, Florida Statutes, are amended to read:

11         494.0067  Requirements of licensees under ss.

12  494.006-494.0077.--

13         (1)  Each license of a mortgage lender, correspondent

14  mortgage lender, or branch office permit shall be prominently

15  displayed in the office for which it is issued.

16         (2)  Each licensee under ss. 494.006-494.0077 which

17  makes mortgage loans on real estate in this state shall

18  transact business from a principal place of business in the

19  state.  Each principal place of business and each branch

20  office shall be operated under the full charge, control, and

21  supervision of the licensee under ss. 494.006-494.0077.

22         (3)  A license or branch office permit issued under ss.

23  494.006-494.0077 is not transferable or assignable.

24         (9)  Each licensee under ss. 494.006-494.0077, or

25  person not required to be licensed under those sections, shall

26  maintain a record of samples of each of its advertisements,

27  including commercial scripts of each radio or television

28  broadcast, for examination by the department for a period of 2

29  years after the date of publication or broadcast.

30         Section 23.  Effective January 1, 2000, subsection (10)

31  is added to section 494.0067, Florida Statutes, to read:

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  1         494.0067  Requirements of licensees under ss.

  2  494.006-494.0077.--

  3         (10)  On or before April 30, 2000, each mortgage lender

  4  or correspondent mortgage lender shall file an initial report

  5  stating the full legal name, residential address, social

  6  security number, date of birth, mortgage broker license

  7  number, date of hire, and, if applicable, date of termination

  8  for each person who acted as a loan originator or an associate

  9  of the mortgage lender or correspondent mortgage lender during

10  the immediate preceding quarter. Thereafter, a mortgage lender

11  or correspondent mortgage lender shall file a report only if a

12  person became or ceased to be a loan originator or an

13  associate of the mortgage lender or correspondent mortgage

14  lender during the immediate preceding quarter.  Such report

15  shall be filed within 30 days after the last day of each

16  calendar quarter and shall contain the full legal name,

17  residential address, social security number, date of birth,

18  date of hire and, if applicable, the mortgage broker license

19  number and date of termination of each person who became or

20  ceased to be a loan originator or an associate of the mortgage

21  lender or correspondent mortgage lender during the immediate

22  preceding quarter.  The department shall prescribe, by rule,

23  the procedures for filing reports required by this subsection.

24         Section 24.  Paragraph (a) of subsection (2) and

25  subsections (3) and (4) of section 494.0072, Florida Statutes,

26  are amended, and paragraph (r) is added to subsection (2) of

27  that section, to read:

28         494.0072  Administrative penalties and fines; license

29  violations.--

30

31

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  1         (2)  Each of the following acts constitutes a ground

  2  for which the disciplinary actions specified in subsection (1)

  3  may be taken:

  4         (a)  Pleading nolo contendere to, or having been Being

  5  convicted or found guilty of, regardless of whether

  6  adjudication is withheld, of a crime involving in any

  7  jurisdiction which involves fraud, dishonest dealing, or any

  8  other act of moral turpitude.

  9         (r)  Failure to timely pay any fee, charge, or fine

10  imposed or assessed pursuant to this chapter or rules adopted

11  under this chapter.

12         (3)  A mortgage lender or correspondent mortgage lender

13  is subject to the disciplinary actions specified in subsection

14  (1) for a violation of subsection (2) by any officer,

15  director, or ultimate equitable owner of a 10-percent or

16  greater interest in the mortgage lender or correspondent

17  mortgage lender, associate, or employee of the mortgage lender

18  or correspondent mortgage lender violates any provision of

19  subsection (2) licensee.

20         (4)  A natural person who is an associate of or

21  employed by a mortgage lender or correspondent mortgage lender

22  is subject to the disciplinary actions specified in subsection

23  (1) if such person violates any provision for a violation of

24  subsection (2) regarding any action for which such person was

25  involved.

26         Section 25.  Section 494.0073, Florida Statutes, is

27  amended to read:

28         494.0073  Mortgage lender or correspondent mortgage

29  lender when acting as a mortgage brokerage business

30  broker.--Sections 494.006-494.0077 do not prohibit a mortgage

31  lender or correspondent mortgage lender from acting as a

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    23-707-99                                               See HB




  1  mortgage brokerage business broker. However, in mortgage

  2  transactions in which a mortgage lender or correspondent

  3  mortgage lender acts as a mortgage brokerage business broker,

  4  the provisions of ss. 494.0038, 494.0042, and 494.0043(1),

  5  (2), and (3) apply.

  6         Section 26.  Section 494.0037, Florida Statutes, is

  7  repealed.

  8         Section 27.  Except as otherwise provided in this act,

  9  this act shall take effect October 1, 1999.

10

11            *****************************************

12                       LEGISLATIVE SUMMARY

13
      Revises and clarifies provisions relating to mortgage
14    brokers, mortgage lenders, correspondent mortgage
      lenders, mortgage brokerage businesses, branch offices,
15    licensure, license fees, license renewals, grounds for
      disciplinary action, criminal convictions or pleadings,
16    and loan originators. (See bill for details.)

17

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