Senate Bill sb1624c1

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    Florida Senate - 2004                           CS for SB 1624

    By the Committee on Banking and Insurance; and Senator Sebesta





    311-1990-04

  1                      A bill to be entitled

  2         An act relating to banking regulation; amending

  3         s. 494.0011, F.S.; authorizing the Financial

  4         Services Commission to require electronic

  5         submission of forms, documents, or fees;

  6         providing for a technological or financial

  7         hardship accommodation; providing application;

  8         amending s. 494.0016, F.S.; authorizing the

  9         commission to prescribe requirements for

10         destroying books, accounts, records, and

11         documents; authorizing the commission to

12         recognize alternative statutes of limitation

13         for such destruction; providing for procedures;

14         amending s. 494.0029, F.S.; specifying criteria

15         for receipt of certain applications; specifying

16         certain permits as not transferable or

17         assignable; amending s. 494.00295, F.S.;

18         revising provisions to specify continuing

19         education for certain professions; amending s.

20         494.003, F.S.; clarifying application of an

21         exemption from application of certain mortgage

22         broker licensure requirements to certain

23         entities; amending s. 494.0031, F.S.; requiring

24         licensure of mortgage brokerage businesses;

25         specifying criteria for receipt of certain

26         applications; authorizing the commission or the

27         Office of Financial Regulation to require

28         certain information from certain applicants;

29         revising certain fingerprinting requirements;

30         authorizing the commission to prescribe fees

31         and procedures for processing fingerprints;

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    Florida Senate - 2004                           CS for SB 1624
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 1         authorizing the office to contract for certain

 2         fingerprinting services; specifying certain

 3         licenses as nontransferable or nonassignable;

 4         amending s. 494.0033, F.S.; clarifying mortgage

 5         broker licensure requirements; authorizing the

 6         commission to waive certain examination

 7         requirements under certain circumstances;

 8         authorizing the commission to prescribe certain

 9         additional testing fees; revising certain

10         fingerprinting requirements; authorizing the

11         commission to prescribe fees and procedures for

12         processing fingerprints; authorizing the office

13         to contract for certain fingerprinting

14         services; specifying criteria for receipt of

15         certain applications; deleting certain

16         provisions relating to cancellation and

17         reinstatement of licenses; amending s.

18         494.0034, F.S.; clarifying the commission's

19         authorization to prescribe license renewal

20         forms; amending s. 494.0036, F.S.; clarifying

21         provisions relating to issuance of mortgage

22         brokerage business branch office licenses;

23         specifying criteria for receipt of certain

24         applications; amending s. 494.0041, F.S.;

25         specifying an additional ground for

26         disciplinary action; amending s. 494.006, F.S.;

27         clarifying application of an exemption from

28         application of certain mortgage lender

29         licensure requirements to certain entities;

30         amending s. 494.0061, F.S.; requiring licensure

31         of mortgage lenders; specifying criteria for

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    Florida Senate - 2004                           CS for SB 1624
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 1         receipt of certain applications; revising

 2         certain fingerprinting requirements;

 3         authorizing the commission to prescribe fees

 4         and procedures for processing fingerprints;

 5         authorizing the office to contract for certain

 6         fingerprinting services; deleting certain

 7         provisions relating to cancellation and

 8         reinstatement of licenses; authorizing the

 9         commission to waive certain examination

10         requirements under certain circumstances;

11         authorizing the commission to prescribe certain

12         additional testing fees; amending s. 494.0062,

13         F.S.; requiring licensure of correspondent

14         mortgage lenders; specifying criteria for

15         receipt of certain applications; authorizing

16         the office to require applicants to provide

17         certain information; revising certain

18         fingerprinting requirements; authorizing the

19         commission to prescribe fees and procedures for

20         processing fingerprints; authorizing the office

21         to contract for certain fingerprinting

22         services; deleting certain provisions relating

23         to cancellation and reinstatement of licenses;

24         authorizing the commission to waive certain

25         examination requirements under certain

26         circumstances; authorizing the commission to

27         prescribe certain additional testing fees;

28         amending s. 494.0064, F.S.; clarifying a

29         reference to professional continuing education

30         for certain licensees; amending s. 494.0065,

31         F.S.; specifying criteria for receipt of

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    Florida Senate - 2004                           CS for SB 1624
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 1         certain applications; specifying certain

 2         education and testing requirements for certain

 3         principal representatives and for certain

 4         applications or transfer applications;

 5         authorizing the commission to waive certain

 6         examination requirements under certain

 7         circumstances; authorizing the commission to

 8         prescribe certain additional testing fees;

 9         increasing a license transfer fee; revising

10         certain fingerprinting requirements;

11         authorizing the commission to prescribe fees

12         and procedures for processing fingerprints;

13         authorizing the office to contract for certain

14         fingerprinting services; requiring mortgage

15         lenders to designate a principal

16         representative; providing criteria and

17         requirements; amending s. 494.0066, F.S.;

18         clarifying branch office licensure

19         requirements; amending s. 494.0067, F.S.;

20         clarifying reference to professional continuing

21         education requirements; amending s. 494.0072,

22         F.S.; providing an additional ground for

23         disciplinary action; amending s. 494.00721,

24         F.S.; correcting cross-references; amending s.

25         516.03, F.S.; specifying criteria for receipt

26         of certain applications; authorizing the

27         commission to require electronic submission of

28         forms, documents, or fees; providing for a

29         technological or financial hardship

30         accommodation; amending s. 516.07, F.S.;

31         providing an additional ground for disciplinary

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    Florida Senate - 2004                           CS for SB 1624
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 1         action; amending s. 516.12, F.S.; authorizing

 2         the commission to prescribe certain minimum

 3         information in a licensee's books, accounts,

 4         records, and documents; authorizing the

 5         commission to prescribe requirements for

 6         destroying books, accounts, records, and

 7         documents; authorizing the commission to

 8         recognize alternative statutes of limitation

 9         for such destruction; providing for procedures;

10         amending s. 517.061, F.S.; revising provisions

11         related to exempt transactions; amending ss.

12         517.051, 517.081, F.S.; revising standards for

13         accounting principles to be used in preparing

14         certain financial statements; amending s.

15         517.12, F.S.; revising provisions for taking

16         and submitting fingerprints of dealers,

17         associated persons, and similarly situated

18         persons; revising provisions relating to

19         expiration and renewal of registration of such

20         persons; providing an exemption from

21         registration requirements for a Canadian dealer

22         and an associated person who represents a

23         Canadian dealer under certain conditions;

24         providing for notice filing by a Canadian

25         dealer under certain conditions; authorizing

26         the Office of Financial Regulation of the

27         Financial Services Commission to issue a permit

28         to evidence the effectiveness of a notice

29         filing for a Canadian dealer; providing for the

30         renewal of a notice filing by a Canadian

31         dealer; providing for reinstatement of a notice

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    Florida Senate - 2004                           CS for SB 1624
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 1         filing; providing obligations for a Canadian

 2         dealer who has given notice of filing;

 3         providing obligations for an associated person

 4         representing a Canadian dealer who has given

 5         notice of filing; providing for the termination

 6         of a notice of filing; providing for the

 7         collection of fees; amending s. 517.131, F.S.;

 8         revising conditions under which recovery can be

 9         made from the Securities Guaranty Fund;

10         amending s. 517.141, F.S.; prescribing

11         circumstances under which a claimant must

12         reimburse the fund; amending s. 517.161, F.S.;

13         providing an additional ground for revocation,

14         restriction, or suspension of a registration;

15         amending ss. 520.03, 520.32, 520.52, and

16         520.63, F.S.; specifying criteria for receipt

17         of certain applications; amending s. 520.994,

18         F.S.; authorizing the commission to require

19         electronic submission of forms, documents, or

20         fees; providing for a technological or

21         financial hardship accommodation; amending s.

22         520.995, F.S.; providing an additional ground

23         for disciplinary action; amending ss. 520.997

24         and 537.009, F.S.; authorizing the commission

25         to prescribe certain minimum information in a

26         licensee's books, accounts, records, and

27         documents; authorizing the commission to

28         prescribe requirements for destroying books,

29         accounts, records, and documents; authorizing

30         the commission to recognize alternative

31         statutes of limitation for such destruction;

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    Florida Senate - 2004                           CS for SB 1624
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 1         providing for procedures; amending ss. 560.105

 2         and 560.118, F.S.; authorizing the commission

 3         to require electronic submission of forms,

 4         documents, or fees; providing for a

 5         technological or financial hardship

 6         accommodation; amending s. 560.114, F.S.;

 7         providing an additional ground for disciplinary

 8         action; amending s. 560.121, F.S.; authorizing

 9         the commission to prescribe certain minimum

10         information in a licensee's books, accounts,

11         records, and documents; authorizing the

12         commission to prescribe requirements for

13         destroying books, accounts, records, and

14         documents; authorizing the commission to

15         recognize alternative statutes of limitation

16         for such destruction; providing for procedures;

17         decreasing the required time period for the

18         office to retain certain reports, records,

19         applications, and related information; amending

20         s. 560.205, F.S.; revising certain

21         fingerprinting requirements; authorizing the

22         commission to prescribe fees and procedures for

23         processing fingerprints; authorizing the office

24         to contract for certain fingerprinting

25         services; authorizing the commission to

26         establish procedures for depositing fees and

27         filing documents electronically; deleting a

28         requirement that an applicant provide a list of

29         certain vendors; requiring the reporting of

30         certain changes of registration by written

31         amendment; amending s. 560.207, F.S.;

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    Florida Senate - 2004                           CS for SB 1624
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 1         authorizing the commission to establish

 2         procedures for depositing fees and filing

 3         documents electronically; amending s. 560.210,

 4         F.S.; revising permissible investment

 5         requirements for certain registrants; amending

 6         ss. 560.211 and 560.310, F.S.; requiring notice

 7         to the office of the location of certain

 8         amended records; amending ss. 560.305 and

 9         560.308, F.S.; authorizing the commission to

10         establish procedures for depositing fees and

11         filing documents electronically; amending s.

12         560.306, F.S.; revising certain fingerprinting

13         requirements; authorizing the commission to

14         prescribe fees and procedures for processing

15         fingerprints; authorizing the office to

16         contract for certain fingerprinting services;

17         requiring the reporting of certain changes of

18         registration by written amendment; specifying

19         in general that accounting principles are those

20         generally accepted in the United States;

21         specifying commission authority by rules;

22         creating s. 626.565, F.S.; requiring an agent

23         of the Department of Insurance to dispose of

24         records containing personal financial or health

25         information of certain persons after the

26         retention requirement has been met; requiring

27         such disposition to protect the confidentiality

28         of personal financial or health information;

29         authorizing the department to adopt rules for

30         the disposition of personal financial or health

31         information; providing an effective date.

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    Florida Senate - 2004                           CS for SB 1624
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (2) of section 494.0011, Florida

 4  Statutes, is amended, and subsection (6) is added to that

 5  section, to read:

 6         494.0011  Powers and duties of the commission and

 7  office.--

 8         (2)  The commission has authority to adopt rules

 9  pursuant to ss. 120.536(1) and 120.54 to implement ss.

10  494.001-494.0077. The commission may adopt rules which require

11  to allow electronic submission of any forms, documents, or

12  fees required by this act, provided such rules reasonably

13  accommodate technological or financial hardship. The

14  commission may prescribe by rule requirements and procedures

15  for obtaining a technological or financial hardship exemption.

16  The commission may also adopt rules to accept certification of

17  compliance with requirements of this act in lieu of requiring

18  submission of documents.

19         (6)  The grant or denial of a license shall be in

20  accordance with s. 120.60.

21         Section 2.  Subsection (4) of section 494.0016, Florida

22  Statutes, is amended to read:

23         494.0016  Books, accounts, and records; maintenance;

24  examinations by the office.--

25         (4)  The commission may prescribe by rule the minimum

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

27  documents of licensees so that such records will enable the

28  office to determine the licensee's compliance with ss.

29  494.001-494.0077. In addition, the commission may prescribe by

30  rule the requirements for destruction of books, accounts,

31  records, and documents retained by the licensee after

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    Florida Senate - 2004                           CS for SB 1624
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 1  completion of the time period indicated in subsection (3).

 2  Notwithstanding the 3-year retention period provided in

 3  subsection (3), if the office identifies a statute of

 4  limitations in a federal law or rule or another law or rule of

 5  this state that is reasonably related by subject matter to the

 6  administration of this chapter, the commission may identify

 7  that statute of limitations by rule and may prohibit the

 8  destruction of records required to be maintained by this

 9  chapter for a period of time established by rule that is

10  reasonably related to such statute of limitations. The

11  commission shall prescribe by rule those documents or records

12  that are to be preserved that are related to the identified

13  statute of limitations.

14         Section 3.  Subsection (1) of section 494.0029, Florida

15  Statutes, is amended to read:

16         494.0029  Mortgage business schools.--

17         (1)(a)  Each person, school, or institution, except

18  accredited colleges, universities, community colleges, and

19  area technical centers in this state, which offers or conducts

20  mortgage business training as a condition precedent to

21  licensure as a mortgage broker, or mortgage lender, or a

22  correspondent mortgage lender shall obtain a permit from the

23  office and abide by the regulations imposed upon such person,

24  school, or institution by this chapter and rules adopted

25  pursuant to this chapter. The commission shall, by rule,

26  recertify the permits annually with initial and renewal permit

27  fees that do not exceed $500 plus the cost of accreditation.

28         (b)  A permit application shall be deemed received for

29  purposes of s. 120.60 upon receipt of a completed application

30  form as prescribed by commission rule, a nonrefundable

31  

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    Florida Senate - 2004                           CS for SB 1624
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 1  application fee of $500, and any other fee prescribed by law

 2  or rule.

 3         (c)  A permit issued under this section is not

 4  transferable or assignable.

 5         Section 4.  Section 494.00295, Florida Statutes, is

 6  amended to read:

 7         494.00295  Professional continuing education.--

 8         (1)  Each mortgage broker, mortgage lender, and

 9  correspondent mortgage lender must certify to the office at

10  the time of renewal that during the 2 years prior to an

11  application for license renewal, all mortgage brokers and the

12  principal representative and, loan originators, and associates

13  of a mortgage lender or correspondent mortgage lender have

14  successfully completed at least 14 hours of professional

15  continuing education programs covering primary and subordinate

16  mortgage financing transactions and the provisions of this

17  chapter. Licensees shall maintain records documenting

18  compliance with this subsection for a period of 4 years.

19         (2)  Professional continuing education programs must

20  contribute directly to the professional competency of the

21  participants, may only be offered by permitted mortgage

22  business schools or entities specifically exempted from

23  permitting as mortgage business schools, and may include

24  electronically transmitted or distance education courses.

25         (3)  The commission shall adopt rules necessary to

26  administer this section, including rules governing qualifying

27  hours for professional continuing education programs and

28  standards for electronically transmitted or distance education

29  courses, including course completion requirements.

30  

31  

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 1         Section 5.  Paragraphs (b) and (c) of subsection (1)

 2  and paragraph (e) of subsection (2) of section 494.003,

 3  Florida Statutes, are amended to read:

 4         494.003  Exemptions.--

 5         (1)  None of the following persons is subject to the

 6  requirements of ss. 494.003-494.0043:

 7         (b)  A state or federal chartered bank, bank holding

 8  company, trust company, savings and loan association, savings

 9  bank or credit union, a bank holding company regulated under

10  the laws of any state or the United States, or a consumer

11  finance company licensed pursuant to chapter 516.

12         (c)  A wholly owned bank holding company subsidiary

13  formed and regulated under the laws of any state or the United

14  States or a wholly owned savings and loan association holding

15  company subsidiary that is approved or certified by the

16  Department of Housing and Urban Development, the Veterans

17  Administration, the Government National Mortgage Association,

18  the Federal National Mortgage Association, or the Federal Home

19  Loan Mortgage Corporation.

20         (2)  None of the following persons is required to be

21  licensed under ss. 494.003-494.0043:

22         (e)  A wholly owned subsidiary of a state or federal

23  chartered bank or savings and loan association the sole

24  activity of which is to distribute the lending programs of

25  such state or federal chartered bank or savings and loan

26  association to persons who arrange loans for, or make loans

27  to, borrowers.

28         Section 6.  Section 494.0031, Florida Statutes, is

29  amended to read:

30         494.0031  Licensure as a mortgage brokerage business.--

31  

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    Florida Senate - 2004                           CS for SB 1624
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 1         (1)  Each person who acts as a mortgage brokerage

 2  business must be licensed pursuant to this section.

 3         (2)(1)  The commission or office may require each

 4  applicant for a mortgage brokerage business license to provide

 5  any information reasonably necessary to make a determination

 6  of the applicant's eligibility for licensure. The office shall

 7  issue a mortgage brokerage business license to each person

 8  who:

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

10  nonrefundable application fee of $425.; and

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

12  494.0035.

13  

14  A license application shall be deemed received for purposes of

15  s. 120.60 upon receipt of a completed application form as

16  prescribed by the commission by rule, a nonrefundable

17  application fee of $425, and any other fee prescribed by law

18  or rule.

19         (3)(2)  The commission may require by rule that each

20  officer, director, and ultimate equitable owner of a

21  10-percent or greater interest in the mortgage brokerage

22  business submit a complete set of fingerprints. Fingerprint

23  cards submitted to the office shall be taken by an authorized

24  law enforcement officer if such fingerprint card is submitted

25  to the office in paper form. The commission may prescribe by

26  rule additional fees for processing the fingerprints. The

27  commission may prescribe by rule procedures for submitting

28  fingerprints and fees by electronic means to the office or to

29  a third party approved by the office. In order to implement

30  the submission and processing of fingerprints as specified by

31  rule pursuant to this section, the office may, without

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    Florida Senate - 2004                           CS for SB 1624
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 1  complying with the requirements of chapter 287, contract with

 2  any other state agency which provides fingerprinting services,

 3  either directly or through a third-party vendor under contract

 4  to such state agency.

 5         (4)(3)  Notwithstanding the provisions of subsection

 6  (2) (1), it is a ground for denial of licensure if the

 7  applicant; designated principal mortgage broker; any officer,

 8  director, partner, or joint venturer; any natural person

 9  owning a 10-percent or greater interest in the mortgage

10  brokerage business; or any natural person who is the ultimate

11  equitable owner of a 10-percent or greater interest in the

12  mortgage brokerage business has committed any violation

13  specified in ss. 494.001-494.0077 or has pending against him

14  or her any criminal prosecution or administrative enforcement

15  action, in any jurisdiction, which involves fraud, dishonest

16  dealing, or any other act of moral turpitude.

17         (5)(4)  A mortgage brokerage business or branch office

18  license may be canceled if it was issued through mistake or

19  inadvertence of the office. A notice of cancellation must be

20  issued by the office within 90 days after the issuance of the

21  license. A notice of cancellation shall be effective upon

22  receipt. The notice of cancellation shall provide the

23  applicant with notification of the right to request a hearing

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

25  cancellation. A license shall be reinstated if the applicant

26  can demonstrate that the requirements for obtaining the

27  license pursuant to this chapter have been satisfied.

28         (6)(5)  A license issued under this part is not

29  transferable or assignable. If an initial mortgage brokerage

30  business or branch office license has been issued but the

31  check upon which the license is based is returned due to

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    Florida Senate - 2004                           CS for SB 1624
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 1  insufficient funds, the license shall be deemed canceled. A

 2  license deemed canceled pursuant to this subsection shall be

 3  reinstated if the office receives a certified check for the

 4  appropriate amount within 30 days after the date the check was

 5  returned due to insufficient funds.

 6         Section 7.  Subsections (1), (2), and (7) of section

 7  494.0033, Florida Statutes, are amended to read:

 8         494.0033  Mortgage broker's license.--

 9         (1)  Each natural person who acts as a mortgage broker

10  for a mortgage brokerage business or acts as an associate for

11  a mortgage lender or correspondent mortgage lender must be

12  licensed pursuant to this section. To act as a mortgage

13  broker, an individual must be an associate of a mortgage

14  brokerage business, mortgage lender, or correspondent mortgage

15  lender. A mortgage broker is prohibited from being an

16  associate of more than one mortgage brokerage business,

17  mortgage lender, or correspondent mortgage lender.

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

19  license must be in the form prescribed by rule of the

20  commission. The commission may require each applicant to

21  provide any information reasonably necessary to make a

22  determination of the applicant's eligibility for licensure.

23  The office shall issue an initial license to any natural

24  person who:

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

26         (b)  Has passed a written test adopted and administered

27  by the office or a third party approved by the office which is

28  designed to determine competency in primary and subordinate

29  mortgage financing transactions as well as to test knowledge

30  of ss. 494.001-494.0077 and the rules adopted pursuant

31  thereto. The commission may waive by rule the examination

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 1  requirement for any individual who has passed a comparable

 2  test offered by a national group of state mortgage regulators

 3  or a federal governmental agency that covers primary and

 4  subordinate mortgage financing transactions. The commission

 5  may prescribe by rule an additional fee for the mortgage

 6  broker test.;

 7         (c)  Has submitted a completed application and a

 8  nonrefundable application fee of $200. An application shall be

 9  deemed received for purposes of s. 120.60 upon receipt of a

10  completed application form as prescribed by the commission by

11  rule, a nonrefundable application fee of $200, and any other

12  fee prescribed by law or rule. The commission may set by rule

13  an additional fee for a retake of the examination; and

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

15  an authorized law enforcement officer, for submission by the

16  office to the Department of Law Enforcement or the Federal

17  Bureau of Investigation for processing. Fingerprint cards

18  submitted to the office shall be taken by an authorized law

19  enforcement officer if such fingerprint card is submitted to

20  the office in paper form. The commission may prescribe by rule

21  additional fees for processing the fingerprints. The

22  commission may prescribe by rule procedures for submitting

23  fingerprints and fees by electronic means to the office or to

24  a third party approved by the office. In order to implement

25  the submission and processing of fingerprints as specified by

26  rule pursuant to this section, the office may, without

27  complying with the requirements of chapter 287, contract with

28  any other state agency that provides fingerprinting services,

29  either directly or through a third-party vendor under contract

30  to such state agency.

31  

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    Florida Senate - 2004                           CS for SB 1624
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 1         (7)  If an initial mortgage broker license has been

 2  issued but the check upon which the license is based is

 3  returned due to insufficient funds, the license shall be

 4  deemed canceled. A license deemed canceled pursuant to this

 5  subsection shall be reinstated if the office receives a

 6  certified check for the appropriate amount within 30 days

 7  after the date the check was returned due to insufficient

 8  funds.

 9         Section 8.  Subsection (2) of section 494.0034, Florida

10  Statutes, is amended to read:

11         494.0034  Renewal of mortgage broker's license.--

12         (2)  The commission shall adopt rules establishing a

13  procedure for the biennial renewal of mortgage broker's

14  licenses. The commission may prescribe the form of the renewal

15  application and may require an update of information since the

16  licensee's last renewal.

17         Section 9.  Subsection (2) of section 494.0036, Florida

18  Statutes, is amended to read:

19         494.0036  Mortgage brokerage business branch offices.--

20         (2)  The office shall issue a mortgage brokerage

21  business branch office license to a mortgage brokerage

22  business license applicant, after the office determines the

23  license applicant has submitted upon receipt of a completed

24  application in a form as prescribed by commission rule and

25  payment of an initial nonrefundable branch office license fee

26  of $225. Branch office licenses must be renewed in conjunction

27  with the renewal of the mortgage brokerage business license.

28  The branch office license shall be issued in the name of the

29  mortgage brokerage business that maintains the branch office.

30  An application shall be deemed received for purposes of s.

31  120.60 upon receipt of a completed application form as

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    Florida Senate - 2004                           CS for SB 1624
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 1  prescribed by the commission by rule, a nonrefundable

 2  application fee of $225, and any other fee prescribed by law

 3  or rule.

 4         Section 10.  Paragraph (s) is added to subsection (2)

 5  of section 494.0041, Florida Statutes, to read:

 6         494.0041  Administrative penalties and fines; license

 7  violations.--

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

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

10  may be taken:

11         (s)  Payment to the office for a license or permit with

12  a check or electronic transmission of funds that fails to

13  clear the applicant's or licensee's financial institutions.

14         Section 11.  Paragraphs (a) and (c) of subsection (1)

15  and paragraph (a) of subsection (2) of section 494.006,

16  Florida Statutes, are amended to read:

17         494.006  Exemptions.--

18         (1)  None of the following persons are subject to the

19  requirements of ss. 494.006-494.0077 in order to act as a

20  mortgage lender or correspondent mortgage lender:

21         (a)  A state or federal chartered bank, bank holding

22  company, trust company, savings and loan association, savings

23  bank or credit union, a bank holding company regulated under

24  the laws of any state or the United States, or an insurance

25  company if the insurance company is duly licensed in this

26  state.

27         (c)  A wholly owned bank holding company subsidiary

28  formed and regulated under the laws of any state or the United

29  States or a wholly owned savings and loan association holding

30  company subsidiary that is approved or certified by the

31  Department of Housing and Urban Development, the Veterans

                                  18

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 1  Administration, the Government National Mortgage Association,

 2  the Federal National Mortgage Association, or the Federal Home

 3  Loan Mortgage Corporation.

 4         (2)(a)  A natural person employed by a mortgage lender

 5  or correspondent mortgage lender licensed under ss.

 6  494.001-494.0077 is exempt from the licensure requirements of

 7  ss. 494.001-494.0077 when acting within the scope of

 8  employment with the licensee.

 9         Section 12.  Section 494.0061, Florida Statutes, is

10  amended to read:

11         494.0061  Mortgage lender's license requirements.--

12         (1)  Each person who acts as a mortgage lender must be

13  licensed pursuant to this section.

14         (2)(1)  The commission or office may require each

15  applicant for a mortgage lender license to provide any

16  information reasonably necessary to make a determination of

17  the applicant's eligibility for licensure. The office shall

18  issue an initial mortgage lender license to any person that

19  submits:

20         (a)  A completed application form.;

21         (b)  A nonrefundable application fee of $575.;

22         (c)  Audited financial statements, which documents

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

24  worth, pursuant to United States generally accepted accounting

25  principles, of at least $250,000, which must be continuously

26  maintained as a condition of licensure.;

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

28  the state and conditioned upon compliance with ss.

29  494.001-494.0077, which inures to the office and which must be

30  continuously maintained thereafter in full force.;

31  

                                  19

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 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.; and

 6         (f)  For applications submitted after October 1, 2001,

 7  proof that the applicant's principal representative has

 8  completed 24 hours of classroom instruction in primary and

 9  subordinate financing transactions and in the provisions of

10  this chapter and rules adopted under this chapter.

11  

12  An application shall be deemed received for purposes of s.

13  120.60 upon receipt of a completed application form as

14  prescribed by the commission by rule, a nonrefundable

15  application fee of $575, and any other fee prescribed by law

16  or rule.

17         (3)(2)  Notwithstanding the provisions of subsection

18  (2)(1), it is a ground for denial of licensure if the

19  applicant, any principal officer or director of the applicant,

20  or any natural person owning a 10-percent or greater interest

21  in the applicant, or any natural person who is the ultimate

22  equitable owner of a 10-percent or greater interest in the

23  applicant has committed any violation specified in s.

24  494.0072, or has pending against her or him any criminal

25  prosecution or administrative enforcement action, in any

26  jurisdiction, which involves fraud, dishonest dealing, or any

27  act of moral turpitude.

28         (4)(3)  Each initial application for a mortgage

29  lender's license must be in a form prescribed by the

30  commission. The commission or office may require each

31  applicant to provide any information reasonably necessary to

                                  20

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    Florida Senate - 2004                           CS for SB 1624
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 1  make a determination of the applicant's eligibility for

 2  licensure. The commission or office may require that each

 3  officer, director, and ultimate equitable owner of a

 4  10-percent or greater interest in the applicant submit a

 5  complete set of fingerprints. Fingerprint cards submitted to

 6  the office shall be taken by an authorized law enforcement

 7  officer if such fingerprint card is submitted to the office in

 8  paper form. The commission may prescribe by rule additional

 9  fees for processing the fingerprints. The commission may

10  prescribe by rule procedures for submitting fingerprints and

11  fees by electronic means to the office or to a third party

12  approved by the office. In order to implement the submission

13  and processing of fingerprints as specified by rule pursuant

14  to this section, the office may, without complying with the

15  requirements of chapter 287, contract with any other state

16  agency that provides fingerprinting services, either directly

17  or through a third-party vendor under contract to such state

18  agency.

19         (5)(4)  A person required to be licensed under ss.

20  494.006-494.0077, or an agent or employee thereof, is deemed

21  to have consented to the venue of courts of competent

22  jurisdiction in this state regarding any matter within the

23  authority of ss. 494.001-494.0077 regardless of where an act

24  or violation was committed.

25         (6)(5)  A license issued in accordance with ss.

26  494.006-494.0077 is not transferable or assignable.

27         (7)(6)  A mortgage lender or branch office license may

28  be canceled if it was issued through mistake or inadvertence

29  of the office. A notice of cancellation must be issued by the

30  office within 90 days after the issuance of the license. A

31  notice of cancellation shall be effective upon receipt. The

                                  21

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 1  notice of cancellation shall provide the applicant with

 2  notification of the right to request a hearing within 21 days

 3  after the applicant's receipt of the notice of cancellation. A

 4  license shall be reinstated if the applicant can demonstrate

 5  that the requirements for obtaining the license pursuant to

 6  this chapter have been satisfied.

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

 8  license has been issued but the check upon which the license

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

10  shall be deemed canceled. A license deemed canceled pursuant

11  to this subsection shall be reinstated if the office receives

12  a certified check for the appropriate amount within 30 days

13  after the date the check was returned due to insufficient

14  funds.

15         (8)  Each lender, regardless of the number of branches

16  it operates, shall designate a principal representative who

17  exercises control of the licensee's business and shall

18  maintain a form prescribed by the commission designating the

19  principal representative. If the form is not accurately

20  maintained, the business is considered to be operated by each

21  officer, director, or equitable owner of a 10-percent or

22  greater interest in the business.

23         (9)  After October 1, 2001, An applicant's principal

24  representative must pass a written test prescribed by the

25  commission and administered by the office or a third party

26  approved by the office, which covers primary and subordinate

27  mortgage financing transactions and the provisions of this

28  chapter and rules adopted under this chapter. The commission

29  may waive by rule the examination requirement for any

30  individual who has passed a comparable test offered by a

31  national group of state mortgage regulators or a federal

                                  22

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    Florida Senate - 2004                           CS for SB 1624
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 1  governmental agency that covers primary and subordinate

 2  mortgage financing transactions. The commission may set by

 3  rule a fee for the examination.

 4         (10)  A lender shall notify the office of the name and

 5  address of any new principal representative and shall document

 6  that the person has completed the educational and testing

 7  requirements of this section within 90 days after upon the

 8  designation of a new principal representative.

 9         Section 13.  Section 494.0062, Florida Statutes, is

10  amended to read:

11         494.0062  Correspondent mortgage lender's license

12  requirements.--

13         (1)  Each person who acts as a correspondent mortgage

14  lender must be licensed pursuant to this section.

15         (2)(1)  The office may require each applicant to

16  provide any information reasonably necessary to make a

17  determination of the applicant's eligibility for licensure.

18  The office shall issue an initial correspondent mortgage

19  lender license to any person who submits:

20         (a)  A completed application form;

21         (b)  A nonrefundable application fee of $500;

22         (c)  Audited financial statements, which document that

23  the application has a bona fide and verifiable net worth,

24  pursuant to Unites States generally accepted accounting

25  principles, of $25,000 or more, which must be continuously

26  maintained as a 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 office and which must be

30  continuously maintained, thereafter, in full force;

31  

                                  23

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    Florida Senate - 2004                           CS for SB 1624
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 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; and

 6         (f)  For applications filed after October 1, 2001,

 7  proof that the applicant's principal representative has

 8  completed 24 hours of classroom instruction in primary and

 9  subordinate financing transactions and in the provisions of

10  this chapter and rules enacted under this chapter.

11  

12  An application shall be deemed received for purposes of s.

13  120.60 upon receipt of a completed application form as

14  prescribed by the commission by rule, a nonrefundable

15  application fee of $500, and any other fee prescribed by law

16  or rule.

17         (3)(2)  Notwithstanding the provisions of subsection

18  (2)(1), it is a ground for denial of licensure if the

19  applicant, any principal officer or director of the applicant,

20  or any natural person who is the ultimate equitable owner of a

21  10-percent or greater interest in the applicant has committed

22  any violation specified in s. 494.0072, or has pending against

23  her or him any criminal prosecution or administrative

24  enforcement action, in any jurisdiction, which involves fraud,

25  dishonest dealing, or any act of moral turpitude.

26         (4)(3)  Each initial application for a correspondent

27  mortgage lender's license must be in a form prescribed by the

28  commission. The commission or office may require each

29  applicant to provide any information reasonably necessary to

30  make a determination of the applicant's eligibility for

31  licensure. The commission or office may require by rule that

                                  24

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    Florida Senate - 2004                           CS for SB 1624
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 1  each officer, director, and ultimate equitable owner of a

 2  10-percent or greater interest submit a complete set of

 3  fingerprints. Fingerprint cards submitted to the office shall

 4  be taken by an authorized law enforcement officer if such

 5  fingerprint card is submitted to the office in paper form. The

 6  commission may prescribe by rule additional fees for

 7  processing the fingerprints. The commission may prescribe by

 8  rule procedures for submitting fingerprints and fees by

 9  electronic means to the office or to a third party approved by

10  the office. In order to implement the submission and

11  processing of fingerprints as specified by rule pursuant to

12  this section, the office may, without complying with the

13  requirements of chapter 287, contract with any other state

14  agency that provides fingerprinting services, either directly

15  or through a third-party vendor under contract to such state

16  agency.

17         (5)(4)  Each license is valid for the remainder of the

18  biennium in which the license is issued.

19         (6)(5)  A person licensed as a correspondent mortgage

20  lender may make mortgage loans, but may not service a mortgage

21  loan for more than 4 months after the date the mortgage loan

22  was made or acquired by the correspondent mortgage lender.

23         (7)(6)  A licensee under ss. 494.006-494.0077, or an

24  agent or employee thereof, is deemed to have consented to the

25  venue of courts of competent jurisdiction in this state

26  regarding any matter within the authority of ss.

27  494.001-494.0077 regardless of where an act or violation was

28  committed.

29         (8)(7)  A correspondent mortgage lender is subject to

30  the same requirements and restrictions as a licensed mortgage

31  lender unless otherwise provided in this section.

                                  25

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 1         (9)(8)  A license issued under this section is not

 2  transferable or assignable.

 3         (10)(9)  A correspondent mortgage lender or branch

 4  office license may be canceled if it was issued through

 5  mistake or inadvertence of the office. A notice of

 6  cancellation must be issued by the office within 90 days after

 7  the issuance of the license. A notice of cancellation shall be

 8  effective upon receipt. The notice of cancellation shall

 9  provide the applicant with notification of the right to

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

11  of the notice of cancellation. A license shall be reinstated

12  if the applicant can demonstrate that the requirements for

13  obtaining the license pursuant to this chapter have been

14  satisfied.

15         (10)  If an initial correspondent mortgage lender or

16  branch office license has been issued but the check upon which

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

18  the license shall be deemed canceled. A license deemed

19  canceled pursuant to this subsection shall be reinstated if

20  the office 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         (11)  Each correspondent lender shall designate a

24  principal representative who exercises control over the

25  business and shall maintain a form prescribed by the

26  commission designating the principal representative. If the

27  form is not accurately maintained, the business is considered

28  to be operated by each officer, director, or equitable owner

29  of a 10-percent or greater interest in the business.

30         (12)  After October 1, 2001, An applicant's principal

31  representative must pass a written test prescribed by the

                                  26

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    Florida Senate - 2004                           CS for SB 1624
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 1  commission and administered by the office or a third party

 2  approved by the office, which covers primary and subordinate

 3  mortgage financing transactions and the provisions of this

 4  chapter and rules adopted under this chapter. The commission

 5  may waive by rule the examination requirement for any

 6  individual who has passed a comparable test offered by a

 7  national group of state mortgage regulators or a federal

 8  governmental agency that covers primary and subordinate

 9  mortgage financing transactions. The commission may set by

10  rule a fee for taking the examination.

11         (13)  A correspondent lender shall notify the office of

12  the name and address of any new principal representative and

13  shall document that such person has completed the educational

14  and testing requirements of this section within 90 days after

15  upon the lender's designation of a new principal

16  representative.

17         Section 14.  Paragraph (b) of subsection (1) of section

18  494.0064, Florida Statutes, is amended to read:

19         494.0064  Renewal of mortgage lender's license; branch

20  office license renewal.--

21         (1)

22         (b)  A licensee shall also submit, as part of the

23  renewal form, certification that during the preceding 2 years

24  the licensee's principal representative and, loan originators,

25  and associates have completed the professional continuing

26  education requirements of s. 494.00295.

27         Section 15.  Section 494.0065, Florida Statutes, is

28  amended to read:

29         494.0065  Saving clause.--

30         (1)(a)  Any person in good standing who holds an active

31  registration pursuant to former s. 494.039 or license pursuant

                                  27

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    Florida Senate - 2004                           CS for SB 1624
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 1  to former s. 521.205, or any person who acted solely as a

 2  mortgage servicer on September 30, 1991, is eligible to apply

 3  to the office for a mortgage lender's license and is eligible

 4  for licensure if the applicant:

 5         1.  For at least 12 months during the period of October

 6  1, 1989, through September 30, 1991, has engaged in the

 7  business of either acting as a seller or assignor of mortgage

 8  loans or as a servicer of mortgage loans, or both;

 9         2.  Has documented a minimum net worth of $25,000 in

10  audited financial statements; and

11         3.  Has applied for licensure pursuant to this section

12  by January 1, 1992, and paid an application fee of $100.

13         (b)  A licensee pursuant to paragraph (a) may operate a

14  wholly owned subsidiary or affiliate for the purpose of

15  servicing accounts if the subsidiary or affiliate is

16  operational as of September 30, 1991. Such subsidiary or

17  affiliate is not required to obtain a separate license, but is

18  subject to all the requirements of a licensee under ss.

19  494.006-494.0077.

20         (2)  A licensee issued a license pursuant to subsection

21  (1) may renew its mortgage lending license if it documents a

22  minimum net worth of $25,000, according to United States

23  generally accepted accounting principles, which must be

24  continuously maintained as a condition to licensure. The

25  office shall require an audited financial statement which

26  documents such net worth.

27         (3)  The commission may prescribe by rule forms and

28  procedures for application for licensure, and amendment and

29  withdrawal of application for licensure, or transfer,

30  including any existing branch offices, in accordance with

31  subsections (4) and (5), and for renewal of licensure of

                                  28

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    Florida Senate - 2004                           CS for SB 1624
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 1  licensees under this section. An application shall be deemed

 2  received for purposes of s. 120.60 upon receipt of a completed

 3  application form as prescribed by the commission by rule, a

 4  nonrefundable application fee of $575, and any other fee

 5  prescribed by law or rule.

 6         (4)(a)  Notwithstanding ss. 494.0061(6)(5) and

 7  494.0067(3), the ultimate equitable owner, as of the effective

 8  date of this act, of a mortgage lender licensed under this

 9  section may transfer, one time, at least 50 percent of the

10  ownership, control, or power to vote any class of equity

11  securities of such mortgage lender, except as provided in

12  paragraph (b). For purposes of this subsection, satisfaction

13  of the amount of the ownership transferred may be met in

14  multiple transactions or in a single transaction.

15         (b)  A person who is an ultimate equitable owner on the

16  effective date of this act may transfer, at any time, at least

17  50 percent of the ownership, control, or power to vote any

18  class of equity securities of such person to the person's

19  spouse or child, and any such transferee may transfer, at any

20  time, such ownership, control, or power to vote to a spouse or

21  child of such transferee, in perpetuity.

22         (c)  For any transfer application filed after October

23  1, 2004:

24         1.  Proof shall be required that the applicant's

25  principal representative has completed 24 hours of instruction

26  in primary and subordinate financing transactions and in the

27  provisions of this chapter and rules adopted under this

28  chapter.

29         2.  An applicant's principal representative must pass a

30  written test, prescribed by the commission or office by rule,

31  and administered by the office or a third party approved by

                                  29

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    Florida Senate - 2004                           CS for SB 1624
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 1  the office, which covers primary and subordinate mortgage

 2  financing transactions and the provisions of this chapter and

 3  rules adopted under this chapter. The commission may waive by

 4  rule the examination requirement for any individual who has

 5  passed a comparable test offered by a national group of state

 6  mortgage regulators or a federal governmental agency that

 7  covers primary and subordinate mortgage financing

 8  transactions. The commission may prescribe by rule a fee for

 9  the examination.

10         (5)  The commission or office may require each

11  applicant for any transfer to provide any information

12  reasonably necessary to make a determination of the

13  applicant's eligibility for licensure. The office shall issue

14  the transfer of licensure to any person who submits the

15  following documentation at least 90 days prior to the

16  anticipated transfer:

17         (a)  A completed application form.

18         (b)  A nonrefundable fee set by rule of the commission

19  in the amount of $575 $500.

20         (c)  Audited financial statements that substantiate

21  that the applicant has a bona fide and verifiable net worth,

22  according to United States generally accepted accounting

23  principles, of at least $25,000, which must be continuously

24  maintained as a condition of licensure.

25         (d)  Documentation that the applicant is incorporated,

26  registered, or otherwise formed as a general partnership,

27  limited partnership, limited liability company, or other

28  lawful entity under the laws of this state or another state of

29  the United States.

30  

31  

                                  30

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    Florida Senate - 2004                           CS for SB 1624
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 1  An application shall be deemed received for purposes of s.

 2  120.60 upon receipt of a completed application form as

 3  prescribed by the commission by rule, a nonrefundable

 4  application fee of $575, and any other fee prescribed by law

 5  or rule. The commission or office may require by rule that

 6  each officer, director, and ultimate equitable owner of a

 7  10-percent or greater interest in the applicant submit a

 8  complete set of fingerprints. Fingerprint cards submitted to

 9  the office shall be taken by an authorized law enforcement

10  officer if such fingerprint card is submitted to the office in

11  paper form. The commission may prescribe by rule additional

12  fees for processing the fingerprints. The commission may

13  prescribe by rule procedures for submitting fingerprints and

14  fees by electronic means to the office or to a third party

15  approved by the office. In order to implement the submission

16  and processing of fingerprints as specified by rule pursuant

17  to this section, the office may, without complying with the

18  requirements of chapter 287, contract with any other state

19  agency that provides fingerprinting services, either directly

20  or through a third-party vendor under contract to such state

21  agency.

22         (6)  Notwithstanding subsection (5), a transfer under

23  subsection (4) may be denied if the applicant, any principal

24  officer or director of the applicant, or any natural person

25  owning a 10-percent or greater interest in the applicant has

26  committed any violation specified in s. 494.0072, or has

27  entered a plea of nolo contendere, regardless of adjudication,

28  or has an action pending against the applicant in any criminal

29  prosecution or administrative enforcement action, in any

30  jurisdiction, which involves fraud, dishonest dealing, or any

31  act of moral turpitude.

                                  31

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    Florida Senate - 2004                           CS for SB 1624
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 1         (7)  A license issued in accordance with this section

 2  is not transferable or assignable except as provided in

 3  subsection (4).

 4         (8)  Each person applying for a transfer of any branch

 5  office pursuant to subsection (4) must comply with the

 6  requirements of s. 494.0066.

 7         (9)  Each mortgage lender shall designate a principal

 8  representative who exercises control over the business and

 9  shall maintain a form prescribed by the commission by rule

10  designating the principal representative. If the form is not

11  accurately maintained, the business is considered to be

12  operated by each officer, director, or equitable owner of a

13  10-percent or greater interest in the business.

14         (10)  A lender shall notify the office of the name and

15  address of any new principal representative and shall document

16  that the person has completed the educational and testing

17  requirements of this section within 90 days after the

18  designation of a new principal representative.

19         Section 16.  Subsection (2) of section 494.0066,

20  Florida Statutes, is amended to read:

21         494.0066  Branch offices.--

22         (2)  The office shall issue a branch office license to

23  a licensee licensed under s. 494.0065(1) or a transfer

24  licensee after the office determines the licensee has

25  submitted upon receipt of a completed application form as

26  prescribed by rule by the commission and an initial

27  nonrefundable branch office license fee of $325. The branch

28  office application must include the name and license number of

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

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

31  address of the branch office. The branch office license shall

                                  32

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    Florida Senate - 2004                           CS for SB 1624
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 1  be issued in the name of the licensee under ss.

 2  494.006-494.0077 and must be renewed in conjunction with the

 3  license renewal.

 4         Section 17.  Paragraph (a) of subsection (10) of

 5  section 494.0067, Florida Statutes, is amended to read:

 6         494.0067  Requirements of licensees under ss.

 7  494.006-494.0077.--

 8         (10)(a)  Each licensee shall require the principal

 9  representative and all loan originators or associates who

10  perform services for the licensee to complete 14 hours of

11  professional continuing education during each biennial license

12  period. The education shall cover primary and subordinate

13  mortgage financing transactions and the provisions of this

14  chapter and the rules adopted under this chapter.

15         Section 18.  Paragraph (s) is added to subsection (2)

16  of section 494.0072, Florida Statutes, to read:

17         494.0072  Administrative penalties and fines; license

18  violations.--

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

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

21  may be taken:

22         (s)  Payment to the office for a license or permit with

23  a check or electronic transmission of funds that fails to

24  clear the applicant's or licensee's financial institution.

25         Section 19.  Subsection (2) of section 494.00721,

26  Florida Statutes, is amended to read:

27         494.00721  Net worth.--

28         (2)  If a mortgage lender or correspondent mortgage

29  lender fails to satisfy the net worth requirements, the

30  mortgage lender or correspondent mortgage lender shall

31  immediately cease taking any new mortgage loan applications.

                                  33

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    Florida Senate - 2004                           CS for SB 1624
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 1  Thereafter, the mortgage lender or correspondent mortgage

 2  lender shall have up to 60 days within which to satisfy the

 3  net worth requirements. If the licensee makes the office

 4  aware, prior to an examination, that the licensee no longer

 5  meets the net worth requirements, the mortgage lender or

 6  correspondent mortgage lender shall have 120 days within which

 7  to satisfy the net worth requirements. A mortgage lender or

 8  correspondent mortgage lender shall not resume acting as a

 9  mortgage lender or correspondent mortgage lender without

10  written authorization from the office, which authorization

11  shall be granted if the mortgage lender or correspondent

12  mortgage lender provides the office with documentation which

13  satisfies the requirements of s. 494.0061(2)(1)(c), s.

14  494.0062(2)(1)(c), or s. 494.0065(2), whichever is applicable.

15         Section 20.  Section 516.03, Florida Statutes, is

16  amended to read:

17         516.03  Application for license; fees; etc.--

18         (1)  APPLICATION.--Application for a license to make

19  loans under this chapter shall be in the form prescribed by

20  rule of the commission, and shall contain the name, residence

21  and business addresses of the applicant and, if the applicant

22  is a copartnership or association, of every member thereof

23  and, if a corporation, of each officer and director thereof,

24  also the county and municipality with the street and number or

25  approximate location where the business is to be conducted,

26  and such further relevant information as the commission or

27  office may require. At the time of making such application the

28  applicant shall pay to the office a biennial license fee of

29  $625. Applications, except for applications to renew or

30  reactivate a license, must also be accompanied by an

31  investigation fee of $200. An application shall be deemed

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 1  received for purposes of s. 120.60 upon receipt of a completed

 2  application form as prescribed by the commission by rule, a

 3  nonrefundable application fee of $625, and any other fee

 4  prescribed by law or rule. The commission may adopt rules to

 5  require allow electronic submission of any form, document, or

 6  fee required by this act, provided such rules reasonably

 7  accommodate technological or financial hardship. The

 8  commission may prescribe by rule requirements and procedures

 9  for obtaining a technological or financial hardship exemption.

10         (2)  FEES.--Fees herein provided for shall be collected

11  by the office and shall be turned into the State Treasury to

12  the credit of the regulatory trust fund under the office. The

13  office shall have full power to employ such examiners or

14  clerks to assist the office as may from time to time be deemed

15  necessary and fix their compensation. The commission may adopt

16  rules to require allow electronic submission of any fee

17  required by this section, provided such rules reasonably

18  accommodate technological or financial hardship. The

19  commission may prescribe by rule requirements and procedures

20  for obtaining a technological or financial hardship exemption.

21         Section 21.  Paragraph (o) is added to subsection (1)

22  of section 516.07, Florida Statutes, to read:

23         516.07  Grounds for denial of license or for

24  disciplinary action.--

25         (1)  The following acts are violations of this chapter

26  and constitute grounds for denial of an application for a

27  license to make consumer finance loans and grounds for any of

28  the disciplinary actions specified in subsection (2):

29         (o)  Payment to the office for a license or permit with

30  a check or electronic transmission of funds that fails to

31  clear the applicant's or licensee's financial institution.

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 1         Section 22.  Subsection (3) is added to section 516.12,

 2  Florida Statutes, to read:

 3         516.12  Records to be kept by licensee.--

 4         (3)  The commission may prescribe by rule the minimum

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

 6  documents of licensees for purposes of enabling the office to

 7  determine the licensee's compliance with ss. 516.001-516.36.

 8  In addition, the commission may prescribe by rule the

 9  requirements for destruction of books, accounts, records, and

10  documents retained by the licensee after completion of the

11  time period specified in subsection (1). Notwithstanding the

12  2-year retention period specified in subsection (1), if the

13  office identifies a statute of limitations in another civil or

14  criminal state or federal law or rule that is reasonably

15  related by subject matter to the administration of this

16  chapter, the commission may identify that statute of

17  limitations by rule and may prohibit the destruction of

18  records required to be maintained by this chapter for a period

19  of time established by rule that is reasonably related to such

20  statute of limitations. The commission shall prescribe by rule

21  those documents or records that are to be preserved that are

22  related to the identified statute of limitations.

23         Section 23.  Subsection (9) of section 517.051, Florida

24  Statutes, is amended to read:

25         517.051  Exempt securities.--The exemptions provided

26  herein from the registration requirements of s. 517.07 are

27  self-executing and do not require any filing with the office

28  prior to claiming such exemption. Any person who claims

29  entitlement to any of these exemptions bears the burden of

30  proving such entitlement in any proceeding brought under this

31  

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 1  chapter. The registration provisions of s. 517.07 do not apply

 2  to any of the following securities:

 3         (9)  A security issued by a corporation organized and

 4  operated exclusively for religious, educational, benevolent,

 5  fraternal, charitable, or reformatory purposes and not for

 6  pecuniary profit, no part of the net earnings of which

 7  corporation inures to the benefit of any private stockholder

 8  or individual, or any security of a fund that is excluded from

 9  the definition of an investment company under s. 3(c)(10)(B)

10  of the Investment Company Act of 1940; provided that no person

11  shall directly or indirectly offer or sell securities under

12  this subsection except by an offering circular containing full

13  and fair disclosure, as prescribed by the rules of the

14  commission, of all material information, including, but not

15  limited to, a description of the securities offered and terms

16  of the offering, a description of the nature of the issuer's

17  business, a statement of the purpose of the offering and the

18  intended application by the issuer of the proceeds thereof,

19  and financial statements of the issuer prepared in conformance

20  with United States generally accepted accounting principles.

21  Section 6(c) of the Philanthropy Protection Act of 1995, Pub.

22  L. No. 104-62, shall not preempt any provision of this

23  chapter.

24         Section 24.  Subsection (18) of section 517.061,

25  Florida Statutes, is amended to read:

26         517.061  Exempt transactions.--The exemption for each

27  transaction listed below is self-executing and does not

28  require any filing with the office prior to claiming such

29  exemption.  Any person who claims entitlement to any of the

30  exemptions bears the burden of proving such entitlement in any

31  proceeding brought under this chapter.  The registration

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 1  provisions of s. 517.07 do not apply to any of the following

 2  transactions; however, such transactions are subject to the

 3  provisions of ss. 517.301, 517.311, and 517.312:

 4         (18)  The offer or sale of any security effected by or

 5  through a person in compliance with registered pursuant to s.

 6  517.12(17).

 7         Section 25.  Paragraph (g) of subsection (3) of section

 8  517.081, Florida Statutes, is amended to read:

 9         517.081  Registration procedure.--

10         (3)  The office may require the applicant to submit to

11  the office the following information concerning the issuer and

12  such other relevant information as the office may in its

13  judgment deem necessary to enable it to ascertain whether such

14  securities shall be registered pursuant to the provisions of

15  this section:

16         (g)1.  A specimen copy of the security and a copy of

17  any circular, prospectus, advertisement, or other description

18  of such securities.

19         2.  The commission shall adopt a form for a simplified

20  offering circular to be used solely by corporations to

21  register, under this section, securities of the corporation

22  that are sold in offerings in which the aggregate offering

23  price in any consecutive 12-month period does not exceed the

24  amount provided in s. 3(b) of the Securities Act of 1933.  The

25  following issuers shall not be eligible to submit a simplified

26  offering circular adopted pursuant to this subparagraph:

27         a.  An issuer seeking to register securities for resale

28  by persons other than the issuer.

29         b.  An issuer who is subject to any of the

30  disqualifications described in 17 C.F.R. s. 230.262, adopted

31  pursuant to the Securities Act of 1933, or who has been or is

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 1  engaged or is about to engage in an activity that would be

 2  grounds for denial, revocation, or suspension under s.

 3  517.111. For purposes of this subparagraph, an issuer includes

 4  an issuer's director, officer, shareholder who owns at least

 5  10 percent of the shares of the issuer, promoter, or selling

 6  agent of the securities to be offered or any officer,

 7  director, or partner of such selling agent.

 8         c.  An issuer who is a development-stage company that

 9  either has no specific business plan or purpose or has

10  indicated that its business plan is to merge with an

11  unidentified company or companies.

12         d.  An issuer of offerings in which the specific

13  business or properties cannot be described.

14         e.  Any issuer the office determines is ineligible if

15  the form would not provide full and fair disclosure of

16  material information for the type of offering to be registered

17  by the issuer.

18         f.  Any corporation which has failed to provide the

19  office the reports required for a previous offering registered

20  pursuant to this subparagraph.

21  

22  As a condition precedent to qualifying for use of the

23  simplified offering circular, a corporation shall agree to

24  provide the office with an annual financial report containing

25  a balance sheet as of the end of the issuer's fiscal year and

26  a statement of income for such year, prepared in accordance

27  with United States generally accepted accounting principles

28  and accompanied by an independent accountant's report.  If the

29  issuer has more than 100 security holders at the end of a

30  fiscal year, the financial statements must be audited. Annual

31  financial reports must be filed with the office within 90 days

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 1  after the close of the issuer's fiscal year for each of the

 2  first 5 years following the effective date of the

 3  registration.

 4         Section 26.  Subsections (7), (10), (11), (15), and

 5  (17) of section 517.12, Florida Statutes, are amended to read:

 6         517.12  Registration of dealers, associated persons,

 7  investment advisers, and branch offices.--

 8         (7)  The application shall also contain such

 9  information as the commission or office may require about the

10  applicant; any partner, officer, or director of the applicant

11  or any person having a similar status or performing similar

12  functions; any person directly or indirectly controlling the

13  applicant; or any employee of a dealer or of an investment

14  adviser rendering investment advisory services.  Each

15  applicant shall file a complete set of fingerprints. A

16  fingerprint card submitted to the office shall be taken by an

17  authorized law enforcement officer if such fingerprint card is

18  submitted in paper form. The commission may prescribe by rule

19  additional fees for processing fingerprints and for procedures

20  for submitting fingerprints and fees by electronic means to

21  the office or to a third party approved by the office. In

22  order to implement the submission and processing of

23  fingerprints as specified by rule under this section, the

24  office may, without complying with the requirements of chapter

25  287, contract with another state agency providing fingerprint

26  services, either directly or through a third-party vendor

27  under contract with such state agency.  Such fingerprints

28  shall be submitted to the Department of Law Enforcement or the

29  Federal Bureau of Investigation for state and federal

30  processing.  The commission may waive, by rule, the

31  requirement that applicants must file a set of fingerprints or

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 1  the requirement that such fingerprints must be processed by

 2  the Department of Law Enforcement or the Federal Bureau of

 3  Investigation.  The commission or office may require

 4  information about any such applicant or person concerning such

 5  matters as:

 6         (a)  His or her full name, and any other names by which

 7  he or she may have been known, and his or her age, photograph,

 8  qualifications, and educational and business history.

 9         (b)  Any injunction or administrative order by a state

10  or federal agency, national securities exchange, or national

11  securities association involving a security or any aspect of

12  the securities business and any injunction or administrative

13  order by a state or federal agency regulating banking,

14  insurance, finance, or small loan companies, real estate,

15  mortgage brokers, or other related or similar industries,

16  which injunctions or administrative orders relate to such

17  person.

18         (c)  His or her conviction of, or plea of nolo

19  contendere to, a criminal offense or his or her commission of

20  any acts which would be grounds for refusal of an application

21  under s. 517.161.

22         (d)  The names and addresses of other persons of whom

23  the office may inquire as to his or her character, reputation,

24  and financial responsibility.

25         (10)  An applicant for registration shall pay an

26  assessment fee of $200, in the case of a dealer or investment

27  adviser, or $40, in the case of an associated person.  The

28  assessment fee of an associated person shall be reduced to

29  $30, but only after the office determines, by final order,

30  that sufficient funds have been allocated to the Securities

31  Guaranty Fund pursuant to s. 517.1203 to satisfy all valid

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 1  claims filed in accordance with s. 517.1203(2) and after all

 2  amounts payable under any service contract entered into by the

 3  office pursuant to s. 517.1204, and all notes, bonds,

 4  certificates of indebtedness, other obligations, or evidences

 5  of indebtedness secured by such notes, bonds, certificates of

 6  indebtedness, or other obligations, have been paid or

 7  provision has been made for the payment of such amounts,

 8  notes, bonds, certificates of indebtedness, other obligations,

 9  or evidences of indebtedness.  An associated person may not

10  having current fingerprint cards filed with the National

11  Association of Securities Dealers or a national securities

12  exchange registered with the Securities and Exchange

13  Commission shall be assessed an additional fee to cover the

14  cost for said fingerprint cards to be processed by the office.

15  Such fee shall be determined by rule of the commission.  Each

16  dealer and each investment adviser shall pay an assessment fee

17  of $100 for each office in this state, except its designated

18  principal office. Such fees become the revenue of the state,

19  except for those assessments provided for under s. 517.131(1)

20  until such time as the Securities Guaranty Fund satisfies the

21  statutory limits, and are not returnable in the event that

22  registration is withdrawn or not granted.

23         (11)  If the office finds that the applicant is of good

24  repute and character and has complied with the provisions of

25  this chapter and the rules made pursuant hereto, it shall

26  register the applicant.  The registration of each dealer,

27  investment adviser, and associated person will expire on

28  December 31, of the year it became effective unless the

29  registrant has renewed its registration on or before that

30  date. and The registration of each branch office will expire

31  on March 31 or, once the National Association of Securities

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    Florida Senate - 2004                           CS for SB 1624
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 1  Dealers develops the capacity to process branch office

 2  registration through the Central Registration Depository,

 3  December 31 of the year in which it became effective unless

 4  the registrant has renewed its registration on or before that

 5  date. The commission may establish by rule the beginning of

 6  the year in which branch renewals shall be processed through

 7  the Central Registration Depository of the National

 8  Association of Securities Dealers. The commission may

 9  establish by rule procedures for renewing branch registrations

10  through the Central Registration Depository. Registration may

11  be renewed by furnishing such information as the commission

12  may require, together with payment of the fee required in

13  subsection (10) for dealers, investment advisers, associated

14  persons, or branch offices and the payment of any amount

15  lawfully due and owing to the office pursuant to any order of

16  the office or pursuant to any agreement with the office.  Any

17  dealer, investment adviser, or associated person registrant

18  who has not renewed a registration by the time the current

19  registration expires may request reinstatement of such

20  registration by filing with the office, on or before January

21  31 of the year following the year of expiration, such

22  information as may be required by the commission, together

23  with payment of the fee required in subsection (10) for

24  dealers, investment advisers, or associated persons and a late

25  fee equal to the amount of such fee.  Any reinstatement of

26  registration granted by the office during the month of January

27  shall be deemed effective retroactive to January 1 of that

28  year.

29         (15)  In lieu of filing with the office the

30  applications specified in subsection (6), the fees required by

31  subsection (10), and the termination notices required by

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 1  subsection (12), the commission may by rule establish

 2  procedures for the deposit of such fees and documents with the

 3  Central Registration Depository or the Investment Advisor

 4  Registration Depository of the National Association of

 5  Securities Dealers, Inc., as developed under contract with the

 6  North American Securities Administrators Association, Inc.;

 7  provided, however, that such procedures shall provide the

 8  office with the information and data as required by this

 9  section.

10         (17)(a)  If the dealer has made a notice filing in

11  accordance with this section, a dealer that is located in

12  Canada and does not have an office or other physical presence

13  in this state is exempt from the registration requirements of

14  s. 512.12, and may effect transactions in securities with or

15  for, or induce or attempt to induce the purchase or sale of

16  any security by:

17         1.  A person from Canada who is present in this state

18  and with whom the Canadian dealer had a bona fide

19  dealer-client relationship before the person entered the

20  United States; or

21         2.  A person from Canada who is present in this state

22  and whose transactions are in a self-directed tax advantaged

23  retirement plan in Canada of which the person is the holder or

24  contributor.

25         (b)  A notice filing under this section shall consist

26  of documents that the commission by rule requires to be filed,

27  together with a consent to service of process and a filing fee

28  of $200. The commission may establish by rule procedures for

29  the deposit of fees and the filing of documents to be made by

30  electronic means, if such procedures provide the office with

31  the information and data required by this section.

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 1         (c)  A Canadian dealer may make a notice filing under

 2  this section if such dealer provides to the office:

 3         1.  A notice filing in the form that the commission may

 4  by rule require;

 5         2.  A consent to service of process;

 6         3.  Evidence that the Canadian dealer is registered as

 7  a dealer in the jurisdiction in which its main office is

 8  located and files evidence of such registration with the

 9  office; and

10         4.  Evidence that the Canadian dealer is a member of a

11  self-regulatory organization or stock exchange in Canada.

12         (d)  The office may issue a permit to evidence the

13  effectiveness of a notice filing for a Canadian dealer.

14         (e)  A notice filing is effective upon receipt. A

15  notice filing expires on December 31 of the year in which the

16  filing becomes effective unless the Canadian dealer has

17  renewed the filing on or before that date. A Canadian dealer

18  may annually renew a notice filing by furnishing to the office

19  such information as the office may require together with a

20  renewal fee of $200 and the payment of any amount due and

21  owing the office pursuant to any agreement with the office.

22  Any Canadian dealer who has not renewed a notice filing by the

23  time a current notice filing expires may request reinstatement

24  of such notice filing by filing with the office, on or before

25  January 31 of the year following the year the notice filing

26  expires, such information as the commission may require, by

27  rule, together with the payment of $200 and a late fee equal

28  to $200. Any reinstatement of a notice filing granted by the

29  office during the month of January shall be deemed effective

30  retroactively to January 1 of that year.

31  

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 1         (f)  An associated person who represents a Canadian

 2  dealer who has made a notice filing under this section is

 3  exempt from the registration requirements of s. 517.12, and

 4  may effect transactions in securities in this state as

 5  permitted for a dealer under subsection (a) if such person is

 6  registered in the jurisdiction from which he or she is

 7  effecting transactions into this state.

 8         (g)  A Canadian dealer who has made a notice of filing

 9  under this section shall:

10         1.  Maintain its provincial or territorial registration

11  and its membership in a self-regulatory organization or stock

12  exchange in good standing.

13         2.  Provide the office upon request with its books and

14  records relating to its business in this state as a dealer.

15         3.  Provide the office upon request notice of each

16  civil, criminal, or administrative action initiated against

17  the dealer.

18         4.  Disclose to its clients in this state that the

19  dealer and its associated persons are not subject to the full

20  regulatory requirements under this chapter.

21         5.  Correct any inaccurate information within 30 days

22  if the information contained in the notice of filing becomes

23  inaccurate for any reason.

24         (h)  An associated person representing a Canadian

25  dealer who has made a notice of filing under this section

26  shall:

27         1.  Maintain provincial or territorial registration in

28  good standing.

29         2.  Provide the office upon request with notice of each

30  civil, criminal, or administrative action initiated against

31  such person.

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 1         (i)  A notice filing may be terminated by filing notice

 2  of such termination with the office. Unless another date is

 3  specified by the Canadian dealer, such notice shall be

 4  effective upon its receipt by the office.

 5         (j)  All fees collected under this section become the

 6  revenue of the state, except for those assessments provided

 7  for under s. 517.131(1), until such time as the Securities

 8  Guaranty Fund satisfies the statutory limits, and, these fees

 9  are not returnable in the event that a notice filing is

10  withdrawn. A dealer that is located in Canada and has no

11  office or other physical presence in this state may, provided

12  the dealer is registered in accordance with this section,

13  effect transactions in securities with or for, or induce or

14  attempt to induce the purchase or sale of any security by:

15         1.  A person from Canada who temporarily resides in

16  this state and with whom the Canadian dealer had a bona fide

17  dealer-client relationship before the person entered the

18  United States; or

19         2.  A person from Canada who is a resident of this

20  state, and whose transactions are in a self-directed tax

21  advantage retirement plan in Canada of which the person is the

22  holder or contributor.

23         (b)  An associated person who represents a Canadian

24  dealer registered under this section may, provided the agent

25  is registered in accordance with this section, effect

26  transactions in securities in this state as permitted for a

27  dealer, under subsection (a).

28         (c)  A Canadian dealer may register under this section

29  provided that such dealer:

30         1.  Files an application in the form required by the

31  jurisdiction in which the dealer has a head office.

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 1         2.  Files a consent to service of process.

 2         3.  Is registered as a dealer in good standing in the

 3  jurisdiction from which it is effecting transactions into this

 4  state and files evidence of such registration with the office.

 5         4.  Is a member of a self-regulatory organization or

 6  stock exchange in Canada.

 7         (d)  An associated person who represents a Canadian

 8  dealer registered under this section in effecting transactions

 9  in securities in this state may register under this section

10  provided that such person:

11         1.  Files an application in the form required by the

12  jurisdiction in which the dealer has its head office.

13         2.  Is registered in good standing in the jurisdiction

14  from which he or she is effecting transactions into this state

15  and files evidence of such registration with the office.

16         (e)  If the office finds that the applicant is of good

17  repute and character and has complied with the provisions of

18  this chapter, the office shall register the applicant.

19         (f)  A Canadian dealer registered under this section

20  shall:

21         1.  Maintain its provincial or territorial registration

22  and its membership in a self-regulatory organization or stock

23  exchange in good standing.

24         2.  Provide the office upon request with its books and

25  records relating to its business in this state as a dealer.

26         3.  Provide the office notice of each civil, criminal,

27  or administrative action initiated against the dealer.

28         4.  Disclose to its clients in this state that the

29  dealer and its agents are not subject to the full regulatory

30  requirements under this chapter.

31  

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 1         5.  Correct any inaccurate information within 30 days,

 2  if the information contained in the application form becomes

 3  inaccurate for any reason before or after the dealer becomes

 4  registered.

 5         (g)  An associated person of a Canadian dealer

 6  registered under this section shall:

 7         1.  Maintain provincial or territorial registration in

 8  good standing.

 9         2.  Provide the office with notice of each civil,

10  criminal, or administrative action initiated against such

11  person.

12         3.  Through the dealer, correct any inaccurate

13  information within 30 days, if the information contained in

14  the application form becomes inaccurate for any reason before

15  or after the associated person becomes registered.

16         (h)  Renewal applications for Canadian dealers and

17  associated persons under this section must be filed before

18  December 31 each year.  Every applicant for registration or

19  renewal registration under this section shall pay the fee for

20  dealers and associated persons under this chapter.

21         Section 27.  Paragraphs (b) and (e) of subsection (3)

22  of section 517.131, Florida Statutes, are amended, and

23  subsection (5) is added to that section, to read:

24         517.131  Securities Guaranty Fund.--

25         (3)  Any person is eligible to seek recovery from the

26  Securities Guaranty Fund if:

27         (b)  Such person has made all reasonable searches and

28  inquiries to ascertain whether the judgment debtor possesses

29  real or personal property or other assets subject to being

30  sold or applied in satisfaction of the judgment, and by her or

31  his search the person has discovered no property or assets; or

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 1  she or he has discovered property and assets and has taken all

 2  necessary action and proceedings for the application thereof

 3  to the judgment, but the amount thereby realized was

 4  insufficient to satisfy the judgment.  To verify compliance

 5  with such condition, the office may require such person to

 6  have a writ of execution be issued upon such judgment, and may

 7  further require a showing that no personal or real property of

 8  the judgment debtor liable to be levied upon in complete

 9  satisfaction of the judgment can be found, or may require an

10  affidavit from the claimant setting forth the reasonable

11  searches and inquiries undertaken and the result.

12         (e)  The office waives compliance with the requirements

13  of paragraph (a) or paragraph (b). The office may waive such

14  compliance if the dealer, investment adviser, or associated

15  person which is the subject of the claim filed with the office

16  is the subject of any proceeding in which a receiver has been

17  appointed by a court of competent jurisdiction. If the office

18  waives such compliance, the office may, upon petition by the

19  claimant, the debtor, or the court-appointed trustee,

20  examiner, or receiver, distribute funds from the Securities

21  Guaranty Fund up to the amount allowed under s. 517.141. Any

22  waiver granted pursuant to this section shall be considered a

23  judgment for purposes of complying with the requirements of

24  this section and of s. 517.141.

25         (5)  The commission may by rule specify the procedures

26  for complying with the requirements of subsections (2), (3),

27  and (4), including rules for the form of submission and

28  guidelines for the sufficiency and content of submissions of

29  notices and claims.

30  

31  

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    Florida Senate - 2004                           CS for SB 1624
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 1         Section 28.  Subsections (2) and (5) of section

 2  517.141, Florida Statutes, are amended, and subsection (11) is

 3  added to that section, to read:

 4         517.141  Payment from the fund.--

 5         (2)  Regardless of the number of claims or claimants

 6  involved, payments for claims shall be limited in the

 7  aggregate to $100,000 against any one dealer, investment

 8  adviser, or associated person. If the total claims exceed the

 9  aggregate limit of $100,000, the office shall prorate the

10  payment based upon the ratio that the person's claim bears to

11  the total claims filed.

12         (5)  If the final judgment that which gave rise to the

13  claim is overturned in any appeal or in any collateral

14  proceeding, the claimant shall reimburse the fund all amounts

15  paid to the claimant on the claim. If the claimant satisfies

16  the judgment referred to in s. 517.131(3)(a), the claimant

17  shall reimburse the fund all amounts paid to the claimant on

18  the claim. Such reimbursement shall be paid to the office

19  within 60 days after the final resolution of the appellate or

20  collateral proceedings, with the 60-day period commencing on

21  the date the final order or decision is entered in such

22  proceedings.

23         (11)  The commission may by rule specify the procedures

24  for complying with this section, including rules for the form

25  of submission and guidelines for the sufficiency and content

26  of submissions of notices and claims.

27         Section 29.  Subsection (1) of section 517.161, Florida

28  Statutes, is amended to read:

29         517.161  Revocation, denial, or suspension of

30  registration of dealer, investment adviser, associated person,

31  or branch office.--

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 1         (1)  Registration under s. 517.12 may be denied or any

 2  registration granted may be revoked, restricted, or suspended

 3  by the office if the office determines that such applicant or

 4  registrant:

 5         (a)  Has violated any provision of this chapter or any

 6  rule or order made under this chapter;

 7         (b)  Has made a material false statement in the

 8  application for registration;

 9         (c)  Has been guilty of a fraudulent act in connection

10  with rendering investment advice or in connection with any

11  sale of securities, has been or is engaged or is about to

12  engage in making fictitious or pretended sales or purchases of

13  any such securities or in any practice involving the rendering

14  of investment advice or the sale of securities which is

15  fraudulent or in violation of the law;

16         (d)  Has made a misrepresentation or false statement

17  to, or concealed any essential or material fact from, any

18  person in the rendering of investment advice or the sale of a

19  security to such person;

20         (e)  Has failed to account to persons interested for

21  all money and property received;

22         (f)  Has not delivered, after a reasonable time, to

23  persons entitled thereto securities held or agreed to be

24  delivered by the dealer, broker, or investment adviser, as and

25  when paid for, and due to be delivered;

26         (g)  Is rendering investment advice or selling or

27  offering for sale securities through any associated person not

28  registered in compliance with the provisions of this chapter;

29         (h)  Has demonstrated unworthiness to transact the

30  business of dealer, investment adviser, or associated person;

31  

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 1         (i)  Has exercised management or policy control over or

 2  owned 10 percent or more of the securities of any dealer or

 3  investment adviser that has been declared bankrupt, or had a

 4  trustee appointed under the Securities Investor Protection

 5  Act; or is, in the case of a dealer or investment adviser,

 6  insolvent;

 7         (j)  Has been convicted of, or has entered a plea of

 8  guilty or nolo contendere to, a crime against the laws of this

 9  state or any other state or of the United States or of any

10  other country or government which relates to registration as a

11  dealer, investment adviser, issuer of securities, associated

12  person, or branch office; which relates to the application for

13  such registration; or which involves moral turpitude or

14  fraudulent or dishonest dealing;

15         (k)  Has had a final judgment entered against her or

16  him in a civil action upon grounds of fraud, embezzlement,

17  misrepresentation, or deceit;

18         (l)  Is of bad business repute; or

19         (m)  Has been the subject of any decision, finding,

20  injunction, suspension, prohibition, revocation, denial,

21  judgment, or administrative order by any court of competent

22  jurisdiction, administrative law judge, or by any state or

23  federal agency, national securities, commodities, or option

24  exchange, or national securities, commodities, or option

25  association, involving a violation of any federal or state

26  securities or commodities law or any rule or regulation

27  promulgated thereunder, or any rule or regulation of any

28  national securities, commodities, or options exchange or

29  national securities, commodities, or options association, or

30  has been the subject of any injunction or adverse

31  administrative order by a state or federal agency regulating

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 1  banking, insurance, finance or small loan companies, real

 2  estate, mortgage brokers, or other related or similar

 3  industries.  For purposes of this subsection, the office may

 4  not deny registration to any applicant who has been

 5  continuously registered with the office for 5 years from the

 6  entry of such decision, finding, injunction, suspension,

 7  prohibition, revocation, denial, judgment, or administrative

 8  order provided such decision, finding, injunction, suspension,

 9  prohibition, revocation, denial, judgment, or administrative

10  order has been timely reported to the office pursuant to the

11  commission's rules; or.

12         (n)  Made payment to the office for a license or permit

13  with a check or electronic transmission of funds that fails to

14  clear the applicant's or registrant's financial institution.

15         Section 30.  Subsection (2) of section 520.03, Florida

16  Statutes, is amended to read:

17         520.03  Licenses.--

18         (2)  An application for a license under this part must

19  be submitted to the office in such form as the commission may

20  prescribe by rule. If the office determines that an

21  application should be granted, it shall issue the license for

22  a period not to exceed 2 years. A nonrefundable application

23  fee of $175 shall accompany an initial application for the

24  principal place of business and each application for a branch

25  location of a retail installment seller who is required to be

26  licensed under this chapter. An application shall be deemed

27  received for purposes of s. 120.60 upon receipt of a completed

28  application form as prescribed by the commission by rule, a

29  nonrefundable application fee of $175, and any other fee

30  prescribed by law or rule.

31  

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 1         Section 31.  Subsection (2) of section 520.32, Florida

 2  Statutes, is amended to read:

 3         520.32  Licenses.--

 4         (2)  An application for a license under this part must

 5  be submitted to the office in such form as the commission may

 6  prescribe by rule. If the office determines that an

 7  application should be granted, it shall issue the license for

 8  a period not to exceed 2 years. A nonrefundable application

 9  fee of $175 shall accompany an initial application for the

10  principal place of business and each application for a branch

11  location of a retail installment seller. An application shall

12  be deemed received for purposes of s. 120.60 upon receipt of a

13  completed application form as prescribed by the commission by

14  rule, a nonrefundable application fee of $175, and any other

15  fee prescribed by law or rule.

16         Section 32.  Subsection (2) of section 520.52, Florida

17  Statutes, is amended to read:

18         520.52  Licensees.--

19         (2)  An application for a license under this part must

20  be submitted to the office in such form as the commission may

21  prescribe by rule. If the office determines that an

22  application should be granted, it shall issue the license for

23  a period not to exceed 2 years. A nonrefundable application

24  fee of $175 shall accompany an initial application for the

25  principal place of business and each branch location of a

26  sales finance company. An application shall be deemed received

27  for purposes of s. 120.60 upon receipt of a completed

28  application form as prescribed by the commission by rule, a

29  nonrefundable application fee of $175, and any other fee

30  prescribed by law or rule.

31  

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    Florida Senate - 2004                           CS for SB 1624
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 1         Section 33.  Subsection (2) of section 520.63, Florida

 2  Statutes, is amended to read:

 3         520.63  Licensees.--

 4         (2)  An application for a license under this part must

 5  be submitted to the office in such form as the commission may

 6  prescribe by rule. If the office determines that an

 7  application should be granted, it shall issue the license for

 8  a period not to exceed 2 years. A nonrefundable application

 9  fee of $175 shall accompany an initial application for the

10  principal place of business and each application for a branch

11  location of a home improvement finance seller. An application

12  shall be deemed received for purposes of s. 120.60 upon

13  receipt of a completed application form as prescribed by the

14  commission by rule, a nonrefundable application fee of $175,

15  and any other fee prescribed by law or rule.

16         Section 34.  Subsection (5) of section 520.994, Florida

17  Statutes, is amended to read:

18         520.994  Powers of office.--

19         (5)  The office shall administer and enforce this

20  chapter. The commission has authority to adopt rules pursuant

21  to ss. 120.536(1) and 120.54 to implement the provisions of

22  this chapter. The commission may adopt rules to require allow

23  electronic submission of any form, document, or fee required

24  by this chapter, provided such rules reasonably accommodate

25  technological or financial hardship. The commission may

26  prescribe by rule requirements and procedures for obtaining a

27  technological or financial hardship exemption.

28         Section 35.  Paragraph (j) is added to subsection (1)

29  of section 520.995, Florida Statutes, to read:

30         520.995  Grounds for disciplinary action.--

31  

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 1         (1)  The following acts are violations of this chapter

 2  and constitute grounds for the disciplinary actions specified

 3  in subsection (2):

 4         (j)  Payment to the office for a license or permit with

 5  a check or electronic transmission of funds that fails to

 6  clear the applicant's or licensee's financial institution.

 7         Section 36.  Subsection (4) of section 520.997, Florida

 8  Statutes, is amended to read:

 9         520.997  Books, accounts, and records.--

10         (4)  The commission may prescribe by rule the minimum

11  information to be shown in the books, accounts, documents, and

12  records of licensees so that such records will enable the

13  office to determine compliance with the provisions of this

14  chapter. In addition, the commission may prescribe by rule the

15  requirements for destruction of books, accounts, records, and

16  documents retained by the licensee after completion of the

17  time period specified in subsection (3). Notwithstanding the

18  2-year retention period specified in subsection (3), if the

19  office identifies a statute of limitations in another civil or

20  criminal state or federal law or rule that is reasonably

21  related by subject matter to the administration of this

22  chapter, the commission may identify that statute of

23  limitations by rule and may prohibit the destruction of

24  records required to be maintained by this chapter for a period

25  of time established by rule that is reasonably related to such

26  statute of limitations. The commission shall prescribe by rule

27  those documents or records that are to be preserved that are

28  related to the identified statute of limitations.

29         Section 37.  Subsection (5) of section 537.009, Florida

30  Statutes, is amended to read:

31  

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 1         537.009  Recordkeeping; reporting; safekeeping of

 2  property.--

 3         (5)  The commission may prescribe by rule the books,

 4  accounts, documents, and records, and the minimum information

 5  to be shown in the books, accounts, documents, and records, of

 6  licensees so that such records will enable the office to

 7  determine compliance with the provisions of this act. In

 8  addition, the commission may prescribe by rule the

 9  requirements for destruction of books, accounts, records, and

10  documents retained by the licensee after completion of the

11  time period specified in subsection (3). Notwithstanding the

12  2-year retention period specified in subsection (3), if the

13  office identifies a statute of limitations in another civil or

14  criminal state or federal law or rule that is reasonably

15  related by subject matter to the administration of this

16  chapter, the commission may identify that statute of

17  limitations by rule and may prohibit the destruction of

18  records required to be maintained by this chapter for a period

19  of time established by rule that is reasonably related to such

20  statute of limitations. The commission shall prescribe by rule

21  those documents or records that are to be preserved that are

22  related to the identified statute of limitations.

23         Section 38.  Subsection (3) is added to section

24  560.105, Florida Statutes, to read:

25         560.105  Supervisory powers; rulemaking.--

26         (3)  The commission may adopt rules which require

27  electronic submission of any forms, documents, or fees

28  required by this act, provided such rules reasonably

29  accommodate technological or financial hardship. The

30  commission may prescribe by rule requirements and procedures

31  for obtaining a technological or financial hardship exemption.

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 1         Section 39.  Paragraph (y) is added to subsection (1)

 2  of section 560.114, Florida Statutes, to read:

 3         560.114  Disciplinary actions.--

 4         (1)  The following actions by a money transmitter or

 5  money transmitter-affiliated party are violations of the code

 6  and constitute grounds for the issuance of a cease and desist

 7  order, the issuance of a removal order, the denial of a

 8  registration application or the suspension or revocation of

 9  any registration previously issued pursuant to the code, or

10  the taking of any other action within the authority of the

11  office pursuant to the code:

12         (y)  Payment to the office for a license or permit with

13  a check or electronic transmission of funds that fails to

14  clear the applicant's or licensee's financial institution.

15         Section 40.  Paragraph (b) of subsection (2) of section

16  560.118, Florida Statutes, is amended to read:

17         560.118  Examinations, reports, and internal audits;

18  penalty.--

19         (2)

20         (b)  The commission may, by rule, require each money

21  transmitter or authorized vendor to submit quarterly reports

22  to the office. The commission may adopt rules which require

23  electronic submission of any forms, documents, or fees

24  required by this act, provided such rules reasonably

25  accommodate technological or financial hardship. The

26  commission may prescribe by rule requirements and procedures

27  for obtaining a technological or financial hardship exemption.

28  The commission may require that each report contain a

29  declaration by an officer, or any other responsible person

30  authorized to make such declaration, that the report is true

31  and correct to the best of her or his knowledge and belief.

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 1  Such report must include such information as the commission by

 2  rule requires for that type of money transmitter.

 3         Section 41.  Subsection (2) of section 560.121, Florida

 4  Statutes, is amended to read:

 5         560.121  Records; limited restrictions upon public

 6  access.--

 7         (2)  The commission may prescribe by rule the minimum

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

 9  documents of licensees for purposes of enabling the office to

10  determine the licensee's compliance with ss. 516.001-516.36.

11  In addition, the commission may prescribe by rule the

12  requirements for destruction of books, accounts, records, and

13  documents retained by the licensee after completion of the

14  time period specified in this subsection. Notwithstanding the

15  3-year retention period specified in this subsection, if the

16  office identifies a statute of limitations in another civil or

17  criminal state or federal law or rule that is reasonably

18  related by subject matter to the administration of this

19  chapter, the commission may identify that statute of

20  limitations by rule and may prohibit the destruction of

21  records required to be maintained by this chapter for a period

22  of time established by rule that is reasonably related to such

23  statute of limitations. The commission shall prescribe by rule

24  those documents or records that are to be preserved that are

25  related to the identified statute of limitations. Examination

26  reports, investigatory records, applications, and related

27  information compiled by the office, or photographic copies

28  thereof, shall be retained by the office for a period of at

29  least 3 10 years after the date the examination or

30  investigation is closed or ceases to be active or the

31  registration ceases to be active.

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 1         Section 42.  Section 560.205, Florida Statutes, is

 2  amended to read:

 3         560.205  Qualifications of applicant for registration;

 4  contents.--

 5         (1)  To qualify for registration under this part, an

 6  applicant must demonstrate to the office such character and

 7  general fitness as to command the confidence of the public and

 8  warrant the belief that the registered business will be

 9  operated lawfully and fairly. The office may investigate each

10  applicant to ascertain whether the qualifications and

11  requirements prescribed by this part have been met. The

12  office's investigation may include a criminal background

13  investigation of all controlling shareholders, principals,

14  officers, directors, members, and responsible persons of a

15  funds transmitter and a payment instrument seller and all

16  persons designated by a funds transmitter or payment

17  instrument seller as an authorized vendor. Each controlling

18  shareholder, principal, officer, director, member, and

19  responsible person of a funds transmitter or payment

20  instrument seller, unless the applicant is a publicly traded

21  corporation as defined by the commission by rule, a subsidiary

22  thereof, or a subsidiary of a bank or bank holding company

23  organized and regulated under the laws of any state or the

24  United States, shall file a complete set of fingerprints.

25  Fingerprint cards submitted to the office shall be taken by an

26  authorized law enforcement officer if such fingerprint card is

27  submitted to the office in paper form. The commission may

28  prescribe by rule additional fees for processing the

29  fingerprints. The commission may prescribe by rule procedures

30  for submitting fingerprints and fees by electronic means to

31  the office or to a third party approved by the office. In

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 1  order to implement the submission and processing of

 2  fingerprints as specified by rule pursuant to this section,

 3  the office may, without complying with the requirements of

 4  chapter 287, contract with any other state agency that

 5  provides fingerprinting services, either directly or through a

 6  third-party vendor under contract to such state agency. Such

 7  fingerprints must be submitted to the Department of Law

 8  Enforcement or the Federal Bureau of Investigation for state

 9  and federal processing. The commission may waive by rule the

10  requirement that applicants file a set of fingerprints or the

11  requirement that such fingerprints be processed by the

12  Department of Law Enforcement or the Federal Bureau of

13  Investigation.

14         (2)  Each application for registration must be

15  submitted under oath to the office on such forms as the

16  commission prescribes by rule and must be accompanied by a

17  nonrefundable application fee. The commission may establish by

18  rule procedures for depositing fees and filing documents by

19  electronic means. Such fee may not exceed $500 for each

20  payment instrument seller or funds transmitter and $50 for

21  each authorized vendor or location operating within this

22  state. The application forms shall contain set forth such

23  information as the commission reasonably requires by rule,

24  including, but not limited to:

25         (a)  The name and address of the applicant, including

26  any fictitious or trade names used by the applicant in the

27  conduct of its business.

28         (b)  The history of the applicant's material

29  litigation, criminal convictions, pleas of nolo contendere,

30  and cases of adjudication withheld.

31  

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 1         (c)  A description of the activities conducted by the

 2  applicant, the applicant's history of operations, and the

 3  business activities in which the applicant seeks to engage in

 4  this state.

 5         (d)  A list identifying the applicant's proposed

 6  authorized vendors in this state, including the location or

 7  locations in this state at which the applicant and its

 8  authorized vendors propose to conduct registered activities.

 9         (d)(e)  A sample authorized vendor contract, if

10  applicable.

11         (e)(f)  A sample form of payment instrument, if

12  applicable.

13         (f)(g)  The name and address of the clearing financial

14  institution or financial institutions through which the

15  applicant's payment instruments will be drawn or through which

16  such payment instruments will be payable.

17         (g)(h)  Documents revealing that the net worth and

18  bonding requirements specified in s. 560.209 have been or will

19  be fulfilled.

20         (3)  Each application for registration by an applicant

21  that is a corporation shall contain also set forth such

22  information as the commission reasonably requires by rule,

23  including, but not limited to:

24         (a)  The date of the applicant's incorporation and

25  state of incorporation.

26         (b)  A certificate of good standing from the state or

27  country in which the applicant was incorporated.

28         (c)  A description of the corporate structure of the

29  applicant, including the identity of any parent or subsidiary

30  of the applicant, and the disclosure of whether any parent or

31  subsidiary is publicly traded on any stock exchange.

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 1         (d)  The name, business and residence addresses, and

 2  employment history for the past 5 years for each executive

 3  officer, each director, each controlling shareholder, and the

 4  responsible person who will be in charge of all the

 5  applicant's business activities in this state.

 6         (e)  The history of material litigation and criminal

 7  convictions, pleas of nolo contendere, and cases of

 8  adjudication withheld for each executive officer, each

 9  director, each controlling shareholder, and the responsible

10  person who will be in charge of the applicant's registered

11  activities.

12         (f)  Copies of the applicant's audited financial

13  statements for the current year and, if available, for the

14  immediately preceding 2-year period. In cases where the

15  applicant is a wholly owned subsidiary of another corporation,

16  the parent's consolidated audited financial statements may be

17  submitted to satisfy this requirement. An applicant who is not

18  required to file audited financial statements may satisfy this

19  requirement by filing unaudited financial statements verified

20  under penalty of perjury, as provided by the commission by

21  rule.

22         (g)  An applicant who is not required to file audited

23  financial statements may file copies of the applicant's

24  unconsolidated, unaudited financial statements for the current

25  year and, if available, for the immediately preceding 2-year

26  period.

27         (h)  If the applicant is a publicly traded company,

28  copies of all filings made by the applicant with the United

29  States Securities and Exchange Commission, or with a similar

30  regulator in a country other than the United States, within

31  the year preceding the date of filing of the application.

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 1         (4)  Each application for registration submitted to the

 2  office by an applicant that is not a corporation shall contain

 3  also set forth such information as the commission reasonably

 4  requires by rule, including, but not limited to:

 5         (a)  Evidence that the applicant is registered to do

 6  business in this state.

 7         (b)  The name, business and residence addresses,

 8  personal financial statement and employment history for the

 9  past 5 years for each individual having a controlling

10  ownership interest in the applicant, and each responsible

11  person who will be in charge of the applicant's registered

12  activities.

13         (c)  The history of material litigation and criminal

14  convictions, pleas of nolo contendere, and cases of

15  adjudication withheld for each individual having a controlling

16  ownership interest in the applicant and each responsible

17  person who will be in charge of the applicant's registered

18  activities.

19         (d)  Copies of the applicant's audited financial

20  statements for the current year, and, if available, for the

21  preceding 2 years. An applicant who is not required to file

22  audited financial statements may satisfy this requirement by

23  filing unaudited financial statements verified under penalty

24  of perjury, as provided by the commission by rule.

25         (5)  Each applicant shall designate and maintain an

26  agent in this state for service of process.

27         (6)  Changes in registration occasioned by changes in

28  personnel of a partnership or in the principals, members,

29  copartners, officers, directors, controlling shareholders, or

30  responsible persons of a money transmitter or by changes of

31  any material fact or method of doing business shall be

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 1  reported by written amendment in such form and at such time as

 2  the commission shall specify by rule.

 3         Section 43.  Subsection (1) of section 560.207, Florida

 4  Statutes, is amended to read:

 5         560.207  Renewal of registration; registration fee.--

 6         (1)  Registration may be renewed for a 24-month period

 7  or the remainder of any such period without proration

 8  following the date of its expiration, upon the filing with the

 9  office of an application and other statements and documents as

10  may reasonably be required of registrants by the commission.

11  The commission may establish by rule procedures for depositing

12  fees and filing documents by electronic means. However, the

13  registrant must remain qualified for such registration under

14  the provisions of this part.

15         Section 44.  Subsection (1) of section 560.210, Florida

16  Statutes, is amended to read:

17         560.210  Permissible investments.--

18         (1)  A registrant shall at all times possess

19  permissible investments with an aggregate market value

20  calculated in accordance with United States generally accepted

21  accounting principles of not less than the aggregate face

22  amount of all outstanding funds transmissions transmitted and

23  outstanding payment instruments issued or sold by the

24  registrant or an authorized vendor in the United States.

25         Section 45.  Subsection (2) of section 560.211, Florida

26  Statutes, is amended to read:

27         560.211  Records.--

28         (2)  The records required to be maintained by the code

29  may be maintained by the registrant at any location, provided

30  that the registrant notifies the office in writing of the

31  location of the records in its application or otherwise by

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 1  amendment as prescribed by the commission by rule. The

 2  registrant shall make such records available to the office for

 3  examination and investigation in this state, as permitted by

 4  the code, within 7 days after receipt of a written request.

 5         Section 46.  Section 560.305, Florida Statutes, is

 6  amended to read:

 7         560.305  Application.--Each application for

 8  registration shall be in writing and under oath to the office,

 9  in such form as the commission prescribes. The commission may

10  establish by rule procedures for depositing fees and filing

11  documents by electronic means. The application shall contain

12  such information as the commission requires by rule,

13  including, but not limited to include the following:

14         (1)  The legal name and residence and business

15  addresses of the applicant if the applicant is a natural

16  person, or, if the applicant is a partnership, association, or

17  corporation, the name of every partner, officer, or director

18  thereof.

19         (2)  The location of the principal office of the

20  applicant.

21         (3)  The complete address of any other locations at

22  which the applicant proposes to engage in such activities

23  since the provisions of registration apply to each and every

24  operating location of a registrant.

25         (4)  Such other information as the commission or office

26  reasonably requires with respect to the applicant or any money

27  transmitter-affiliated party of the applicant; however, the

28  commission or office may not require more information than is

29  specified in part II.

30  

31  

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    Florida Senate - 2004                           CS for SB 1624
    311-1990-04




 1         Section 47.  Subsections (1) and (4) of section

 2  560.306, Florida Statutes, are amended, and subsection (6) is

 3  added to that section, to read:

 4         560.306  Standards.--

 5         (1)  In order to qualify for registration under this

 6  part, an applicant must demonstrate to the office that he or

 7  she has such character and general fitness as will command the

 8  confidence of the public and warrant the belief that the

 9  registered business will be operated lawfully and fairly. The

10  office may investigate each applicant to ascertain whether the

11  qualifications and requirements prescribed by this part have

12  been met. The office's investigation may include a criminal

13  background investigation of all controlling shareholders,

14  principals, officers, directors, members, and responsible

15  persons of a check casher and a foreign currency exchanger and

16  all persons designated by a foreign currency exchanger or

17  check casher as an authorized vendor. Each controlling

18  shareholder, principal, officer, director, member, and

19  responsible person of a check casher or foreign currency

20  exchanger, unless the applicant is a publicly traded

21  corporation as defined by the commission by rule, a subsidiary

22  thereof, or a subsidiary of a bank or bank holding company

23  organized and regulated under the laws of any state or the

24  United States, shall file a complete set of fingerprints.

25  Fingerprint cards submitted to the office shall be taken by an

26  authorized law enforcement officer if such fingerprint card is

27  submitted to the office in paper form. The commission may

28  prescribe by rule additional fees for processing the

29  fingerprints. The commission may prescribe by rule procedures

30  for submitting fingerprints and fees by electronic means to

31  the office or to a third party approved by the office. In

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    Florida Senate - 2004                           CS for SB 1624
    311-1990-04




 1  order to implement the submission and processing of

 2  fingerprints as specified by rule pursuant to this section,

 3  the office may, without complying with the requirements of

 4  chapter 287, contract with any other state agency that

 5  provides fingerprinting services, either directly or through a

 6  third-party vendor under contract to such state agency. Such

 7  fingerprints must be submitted to the Department of Law

 8  Enforcement or the Federal Bureau of Investigation for state

 9  and federal processing. The commission may waive by rule the

10  requirement that applicants file a set of fingerprints or the

11  requirement that such fingerprints be processed by the

12  Department of Law Enforcement or the Federal Bureau of

13  Investigation.

14         (4)  Each registration application and renewal

15  application must specify the location at which the applicant

16  proposes to establish its principal place of business and any

17  other location, including authorized vendors operating in this

18  state. The registrant shall notify the office of any changes

19  to any such locations. Any registrant may satisfy this

20  requirement by providing the office with a list of such

21  locations, including all authorized vendors operating in this

22  state, not less than annually. A registrant may not transact

23  business as a check casher or a foreign currency exchanger

24  except pursuant to the name under which it is registered.

25         (6)  Changes in registration occasioned by changes in

26  personnel of a partnership or in the principals, members,

27  copartners, officers, directors, controlling shareholders, or

28  responsible persons of a money transmitter or by changes of

29  any material fact or method of doing business shall be

30  reported by written amendment in such form and at such time as

31  the commission shall specify by rule.

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    Florida Senate - 2004                           CS for SB 1624
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 1         Section 48.  Subsection (2) of section 560.308, Florida

 2  Statutes, is amended to read:

 3         560.308  Registration terms; renewal; renewal fees.--

 4         (2)  The office shall renew registration upon receipt

 5  of a completed renewal form and payment of a nonrefundable

 6  renewal fee not to exceed $500. The completed renewal form and

 7  payment of the renewal fee shall occur on or after June 1 of

 8  the year in which the existing registration expires. The

 9  commission may establish by rule procedures for depositing

10  fees and filing documents by electronic means.

11         Section 49.  Subsection (2) of section 560.310, Florida

12  Statutes, is amended to read:

13         560.310  Records of check cashers and foreign currency

14  exchangers.--

15         (2)  The records required to be maintained by the code

16  may be maintained by the registrant at any location, provided

17  that the registrant notifies the office, in writing, of the

18  location of the records in its application or otherwise by

19  amendment as prescribed by the commission by rule. The

20  registrant shall make such records available to the office for

21  examination and investigation in this state, as permitted by

22  the code, within 7 days after receipt of a written request.

23         Section 50.  Section 626.565, Florida Statutes, is

24  created to read:

25         626.565  Disposition of records.--

26         (1)  An agent or other licensee of the department or

27  office shall be responsible for the prudent disposition of

28  records containing personal financial or health information

29  regarding a consumer, policyholder, applicant, or insured

30  after any applicable retention requirement has been met.

31  Disposition shall be by a method that protects the

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 1  confidentiality of any of the personal financial or health

 2  information. Each appointing entity shall comply with this

 3  requirement by the licensee in any appointment or

 4  representation agreement between the appointing entity and the

 5  licensee.

 6         (2)  The department or commission may adopt rules

 7  governing the disposition of records of personal financial or

 8  health information of a consumer, policyholder, applicant, or

 9  insured by agents and other licensees. The rules shall be

10  designed to protect the confidential and sensitive nature of

11  the information and avoid identity theft.

12         Section 51.  This act shall take effect October 1,

13  2004.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 1624

17                                 

18  Requires that insurance agents and other licensees under ch.
    262, F.S., are responsible for the prudent disposition of
19  records containing the personal financial or health
    information of a consumer, policyholder, applicant or insured.
20  Grants rulemaking authority to the Department of Financial
    Services or Financial Services Commission to govern the
21  destruction of documents.

22  A Canadian securities dealer doing business with a Canadian
    citizen in Florida concerning Canadian securities must meet a
23  notice filing requirement with the Office of Financial
    Regulation. The current registration requirement for Canadian
24  securities dealers dealing with Canadian citizens in Florida
    is eliminated.
25  

26  

27  

28  

29  

30  

31  

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