Senate Bill sb1624c2

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    Florida Senate - 2004                    CS for CS for SB 1624

    By the Committees on Governmental Oversight and Productivity;
    Banking and Insurance; and Senator Sebesta




    302-2426-04

  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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 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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 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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 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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 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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 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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 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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 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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 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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 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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 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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 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. In addition to the fees

26  prescribed in s. 215.405, the commission may prescribe by rule

27  an additional fee, not to exceed $30, for processing the

28  fingerprints. The commission may prescribe by rule procedures

29  for submitting fingerprints and fees by electronic means to

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

31  order to implement the submission and processing of

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 1  fingerprints as specified by rule pursuant to this section,

 2  the office may, without complying with the requirements of

 3  chapter 287, contract with any other state agency which

 4  provides fingerprinting services, either directly or through a

 5  third-party vendor under contract to such state agency.

 6         (4)(3)  Notwithstanding the provisions of subsection

 7  (2) (1), it is a ground for denial of licensure if the

 8  applicant; designated principal mortgage broker; any officer,

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

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

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

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

13  mortgage brokerage business has committed any violation

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

15  or her any criminal prosecution or administrative enforcement

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

17  dealing, or any other act of moral turpitude.

18         (5)(4)  A mortgage brokerage business or branch office

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

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

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

22  license. A notice of cancellation shall be effective upon

23  receipt. The notice of cancellation shall provide the

24  applicant with notification of the right to request a hearing

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

26  cancellation. A license shall be reinstated if the applicant

27  can demonstrate that the requirements for obtaining the

28  license pursuant to this chapter have been satisfied.

29         (6)(5)  A license issued under this part is not

30  transferable or assignable. If an initial mortgage brokerage

31  business or branch office license has been issued but the

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

 2  insufficient funds, the license shall be deemed canceled. A

 3  license deemed canceled pursuant to this subsection shall be

 4  reinstated if the office receives a certified check for the

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

 6  returned due to insufficient funds.

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

 8  494.0033, Florida Statutes, are amended to read:

 9         494.0033  Mortgage broker's license.--

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

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

12  a mortgage lender or correspondent mortgage lender must be

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

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

15  brokerage business, mortgage lender, or correspondent mortgage

16  lender. A mortgage broker is prohibited from being an

17  associate of more than one mortgage brokerage business,

18  mortgage lender, or correspondent mortgage lender.

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

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

21  commission. The commission may require each applicant to

22  provide any information reasonably necessary to make a

23  determination of the applicant's eligibility for licensure.

24  The office shall issue an initial license to any natural

25  person who:

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

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

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

29  designed to determine competency in primary and subordinate

30  mortgage financing transactions as well as to test knowledge

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

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 1  thereto. The commission may waive by rule the examination

 2  requirement for any individual who has passed a comparable

 3  test offered by a national group of state mortgage regulators

 4  or a federal governmental agency that covers primary and

 5  subordinate mortgage financing transactions. The commission

 6  may prescribe by rule an additional fee for the mortgage

 7  broker test.;

 8         (c)  Has submitted a completed application and a

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

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

11  completed application form as prescribed by the commission by

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

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

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

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

16  an authorized law enforcement officer, for submission by the

17  office to the Department of Law Enforcement or the Federal

18  Bureau of Investigation for processing. Fingerprint cards

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

20  enforcement officer if such fingerprint card is submitted to

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

22  additional fees for processing the fingerprints. The

23  commission may prescribe by rule procedures for submitting

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

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

26  the submission and processing of fingerprints as specified by

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

28  complying with the requirements of chapter 287, contract with

29  any other state agency that provides fingerprinting services,

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

31  to such state agency.

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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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 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

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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  

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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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 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. In addition to the fees prescribed in s. 215.405,

 9  the commission may prescribe by rule an additional fee, not to

10  exceed $30, for processing the fingerprints. The commission

11  may prescribe by rule procedures for submitting fingerprints

12  and fees by electronic means to the office or to a third party

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

14  and processing of fingerprints as specified by rule pursuant

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

16  requirements of chapter 287, contract with any other state

17  agency that provides fingerprinting services, either directly

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

19  agency.

20         (5)(4)  A person required to be licensed under ss.

21  494.006-494.0077, or an agent or employee thereof, is deemed

22  to have consented to the venue of courts of competent

23  jurisdiction in this state regarding any matter within the

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

25  or violation was committed.

26         (6)(5)  A license issued in accordance with ss.

27  494.006-494.0077 is not transferable or assignable.

28         (7)(6)  A mortgage lender or branch office license may

29  be canceled if it was issued through mistake or inadvertence

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

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

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 1  notice of cancellation shall be effective upon receipt. The

 2  notice of cancellation shall provide the applicant with

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

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

 5  license shall be reinstated if the applicant can demonstrate

 6  that the requirements for obtaining the license pursuant to

 7  this chapter have been satisfied.

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

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

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

11  shall be deemed canceled. A license deemed canceled pursuant

12  to this subsection shall be reinstated if the office receives

13  a certified check for the appropriate amount within 30 days

14  after the date the check was returned due to insufficient

15  funds.

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

17  it operates, shall designate a principal representative who

18  exercises control of the licensee's business and shall

19  maintain a form prescribed by the commission designating the

20  principal representative. If the form is not accurately

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

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

23  greater interest in the business.

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

25  representative must pass a written test prescribed by the

26  commission and administered by the office or a third party

27  approved by the office, which covers primary and subordinate

28  mortgage financing transactions and the provisions of this

29  chapter and rules adopted under this chapter. The commission

30  may waive by rule the examination requirement for any

31  individual who has passed a comparable test offered by a

                                  22

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 1  national group of state mortgage regulators or a federal

 2  governmental agency that covers primary and subordinate

 3  mortgage financing transactions. The commission may set by

 4  rule a fee not to exceed $100 for the examination.

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

 6  address of any new principal representative and shall document

 7  that the person has completed the educational and testing

 8  requirements of this section within 90 days after upon the

 9  designation of a new principal representative.

10         Section 13.  Section 494.0062, Florida Statutes, is

11  amended to read:

12         494.0062  Correspondent mortgage lender's license

13  requirements.--

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

15  lender must be licensed pursuant to this section.

16         (2)(1)  The office may require each applicant to

17  provide any information reasonably necessary to make a

18  determination of the applicant's eligibility for licensure.

19  The office shall issue an initial correspondent mortgage

20  lender license to any person who submits:

21         (a)  A completed application form;

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

23         (c)  Audited financial statements, which document that

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

25  pursuant to Unites States generally accepted accounting

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

27  maintained as a condition of licensure;

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

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

30  494.001-494.0077, which inures to the office and which must be

31  continuously maintained, thereafter, in full force;

                                  23

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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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 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. In

 6  addition to the fees prescribed in s. 215.405, the commission

 7  may prescribe by rule an additional fee, not to exceed $30,

 8  for processing the fingerprints. The commission may prescribe

 9  by rule procedures for submitting fingerprints and fees by

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

11  the office. In order to implement the submission and

12  processing of fingerprints as specified by rule pursuant to

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

14  requirements of chapter 287, contract with any other state

15  agency that provides fingerprinting services, either directly

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

17  agency.

18         (5)(4)  Each license is valid for the remainder of the

19  biennium in which the license is issued.

20         (6)(5)  A person licensed as a correspondent mortgage

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

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

23  was made or acquired by the correspondent mortgage lender.

24         (7)(6)  A licensee under ss. 494.006-494.0077, or an

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

26  venue of courts of competent jurisdiction in this state

27  regarding any matter within the authority of ss.

28  494.001-494.0077 regardless of where an act or violation was

29  committed.

30  

31  

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 1         (8)(7)  A correspondent mortgage lender is subject to

 2  the same requirements and restrictions as a licensed mortgage

 3  lender unless otherwise provided in this section.

 4         (9)(8)  A license issued under this section is not

 5  transferable or assignable.

 6         (10)(9)  A correspondent mortgage lender or branch

 7  office license may be canceled if it was issued through

 8  mistake or inadvertence of the office. A notice of

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

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

11  effective upon receipt. The notice of cancellation shall

12  provide the applicant with notification of the right to

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

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

15  if the applicant can demonstrate that the requirements for

16  obtaining the license pursuant to this chapter have been

17  satisfied.

18         (10)  If an initial correspondent mortgage lender or

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

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

21  the license shall be deemed canceled. A license deemed

22  canceled pursuant to this subsection shall be reinstated if

23  the office receives a certified check for the appropriate

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

25  due to insufficient funds.

26         (11)  Each correspondent lender shall designate a

27  principal representative who exercises control over the

28  business and shall maintain a form prescribed by the

29  commission designating the principal representative. If the

30  form is not accurately maintained, the business is considered

31  

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

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

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

 4  representative must pass a written test prescribed by the

 5  commission and administered by the office or a third party

 6  approved by the office, which covers primary and subordinate

 7  mortgage financing transactions and the provisions of this

 8  chapter and rules adopted under this chapter. The commission

 9  may waive by rule the examination requirement for any

10  individual who has passed a comparable test offered by a

11  national group of state mortgage regulators or a federal

12  governmental agency that covers primary and subordinate

13  mortgage financing transactions. The commission may set by

14  rule a fee not to exceed $100 for taking the examination.

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

16  the name and address of any new principal representative and

17  shall document that such person has completed the educational

18  and testing requirements of this section within 90 days after

19  upon the lender's designation of a new principal

20  representative.

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

22  494.0064, Florida Statutes, is amended to read:

23         494.0064  Renewal of mortgage lender's license; branch

24  office license renewal.--

25         (1)

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

27  renewal form, certification that during the preceding 2 years

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

29  and associates have completed the professional continuing

30  education requirements of s. 494.00295.

31  

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 1         Section 15.  Section 494.0065, Florida Statutes, is

 2  amended to read:

 3         494.0065  Saving clause.--

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

 5  registration pursuant to former s. 494.039 or license pursuant

 6  to former s. 521.205, or any person who acted solely as a

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

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

 9  for licensure if the applicant:

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

11  1, 1989, through September 30, 1991, has engaged in the

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

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

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

15  audited financial statements; and

16         3.  Has applied for licensure pursuant to this section

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

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

19  wholly owned subsidiary or affiliate for the purpose of

20  servicing accounts if the subsidiary or affiliate is

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

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

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

24  494.006-494.0077.

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

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

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

28  generally accepted accounting principles, which must be

29  continuously maintained as a condition to licensure. The

30  office shall require an audited financial statement which

31  documents such net worth.

                                  28

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

 2  procedures for application for licensure, and amendment and

 3  withdrawal of application for licensure, or transfer,

 4  including any existing branch offices, in accordance with

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

 6  licensees under this section. An application shall be deemed

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

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

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

10  prescribed by law or rule.

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

12  494.0067(3), the ultimate equitable owner, as of the effective

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

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

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

16  securities of such mortgage lender, except as provided in

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

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

19  multiple transactions or in a single transaction.

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

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

22  50 percent of the ownership, control, or power to vote any

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

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

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

26  child of such transferee, in perpetuity.

27         (c)  For any transfer application filed after October

28  1, 2004:

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

30  principal representative has completed 24 hours of instruction

31  in primary and subordinate financing transactions and in the

                                  29

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 1  provisions of this chapter and rules adopted under this

 2  chapter.

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

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

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

 6  the office, which covers primary and subordinate mortgage

 7  financing transactions and the provisions of this chapter and

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

 9  rule the examination requirement for any individual who has

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

11  mortgage regulators or a federal governmental agency that

12  covers primary and subordinate mortgage financing

13  transactions. The commission may prescribe by rule a fee not

14  to exceed $100 for the examination.

15         (5)  The commission or office may require each

16  applicant for any transfer to provide any information

17  reasonably necessary to make a determination of the

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

19  the transfer of licensure to any person who submits the

20  following documentation at least 90 days prior to the

21  anticipated transfer:

22         (a)  A completed application form.

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

24  in the amount of $575 $500.

25         (c)  Audited financial statements that substantiate

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

27  according to United States generally accepted accounting

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

29  maintained as a condition of licensure.

30         (d)  Documentation that the applicant is incorporated,

31  registered, or otherwise formed as a general partnership,

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 1  limited partnership, limited liability company, or other

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

 3  the United States.

 4  

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

 6  120.60 upon receipt of a completed application form as

 7  prescribed by the commission by rule, a nonrefundable

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

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

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

11  10-percent or greater interest in the applicant submit a

12  complete set of fingerprints. Fingerprint cards submitted to

13  the office shall be taken by an authorized law enforcement

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

15  paper form. In addition to the fees prescribed in s. 215.405,

16  the commission may prescribe by rule an additional fee, not to

17  exceed $30, for processing the fingerprints. The commission

18  may prescribe by rule procedures for submitting fingerprints

19  and fees by electronic means to the office or to a third party

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

21  and processing of fingerprints as specified by rule pursuant

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

23  requirements of chapter 287, contract with any other state

24  agency that provides fingerprinting services, either directly

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

26  agency.

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

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

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

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

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

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

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

 3  prosecution or administrative enforcement action, in any

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

 5  act of moral turpitude.

 6         (7)  A license issued in accordance with this section

 7  is not transferable or assignable except as provided in

 8  subsection (4).

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

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

11  requirements of s. 494.0066.

12         (9)  Each mortgage lender shall designate a principal

13  representative who exercises control over the business and

14  shall maintain a form prescribed by the commission by rule

15  designating the principal representative. If the form is not

16  accurately maintained, the business is considered to be

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

18  10-percent or greater interest in the business.

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

20  address of any new principal representative and shall document

21  that the person has completed the educational and testing

22  requirements of this section within 90 days after the

23  designation of a new principal representative.

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

25  Florida Statutes, is amended to read:

26         494.0066  Branch offices.--

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

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

29  licensee after the office determines the licensee has

30  submitted upon receipt of a completed application form as

31  prescribed by rule by the commission and an initial

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

 2  office application must include the name and license number of

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

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

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

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

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

 8  license renewal.

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

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

11         494.0067  Requirements of licensees under ss.

12  494.006-494.0077.--

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

14  representative and all loan originators or associates who

15  perform services for the licensee to complete 14 hours of

16  professional continuing education during each biennial license

17  period. The education shall cover primary and subordinate

18  mortgage financing transactions and the provisions of this

19  chapter and the rules adopted under this chapter.

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

21  of section 494.0072, Florida Statutes, to read:

22         494.0072  Administrative penalties and fines; license

23  violations.--

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

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

26  may be taken:

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

28  a check or electronic transmission of funds that fails to

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

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

31  Florida Statutes, is amended to read:

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 1         494.00721  Net worth.--

 2         (2)  If a mortgage lender or correspondent mortgage

 3  lender fails to satisfy the net worth requirements, the

 4  mortgage lender or correspondent mortgage lender shall

 5  immediately cease taking any new mortgage loan applications.

 6  Thereafter, the mortgage lender or correspondent mortgage

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

 8  net worth requirements. If the licensee makes the office

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

10  meets the net worth requirements, the mortgage lender or

11  correspondent mortgage lender shall have 120 days within which

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

13  correspondent mortgage lender shall not resume acting as a

14  mortgage lender or correspondent mortgage lender without

15  written authorization from the office, which authorization

16  shall be granted if the mortgage lender or correspondent

17  mortgage lender provides the office with documentation which

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

19  494.0062(2)(1)(c), or s. 494.0065(2), whichever is applicable.

20         Section 20.  Section 516.03, Florida Statutes, is

21  amended to read:

22         516.03  Application for license; fees; etc.--

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

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

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

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

27  is a copartnership or association, of every member thereof

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

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

30  approximate location where the business is to be conducted,

31  and such further relevant information as the commission or

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

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

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

 4  reactivate a license, must also be accompanied by an

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

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

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

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

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

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

11  fee required by this act, provided such rules reasonably

12  accommodate technological or financial hardship. The

13  commission may prescribe by rule requirements and procedures

14  for obtaining a technological or financial hardship exemption.

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

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

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

18  office shall have full power to employ such examiners or

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

20  necessary and fix their compensation. The commission may adopt

21  rules to require allow electronic submission of any fee

22  required by this section, provided such rules reasonably

23  accommodate technological or financial hardship. The

24  commission may prescribe by rule requirements and procedures

25  for obtaining a technological or financial hardship exemption.

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

27  of section 516.07, Florida Statutes, to read:

28         516.07  Grounds for denial of license or for

29  disciplinary action.--

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

31  and constitute grounds for denial of an application for a

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

 2  the disciplinary actions specified in subsection (2):

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

 4  a check or electronic transmission of funds that fails to

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

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

 7  Florida Statutes, to read:

 8         516.12  Records to be kept by licensee.--

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

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

11  documents of licensees for purposes of enabling the office to

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

13  In addition, the commission may prescribe by rule the

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

15  documents retained by the licensee after completion of the

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

17  2-year retention period specified in subsection (1), if the

18  office identifies a statute of limitations in another civil or

19  criminal state or federal law or rule that is reasonably

20  related by subject matter to the administration of this

21  chapter, the commission may identify that statute of

22  limitations by rule and may prohibit the destruction of

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

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

25  statute of limitations. The commission shall prescribe by rule

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

27  related to the identified statute of limitations.

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

29  Statutes, is amended to read:

30         517.051  Exempt securities.--The exemptions provided

31  herein from the registration requirements of s. 517.07 are

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

 2  prior to claiming such exemption. Any person who claims

 3  entitlement to any of these exemptions bears the burden of

 4  proving such entitlement in any proceeding brought under this

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

 6  to any of the following securities:

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

 8  operated exclusively for religious, educational, benevolent,

 9  fraternal, charitable, or reformatory purposes and not for

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

11  corporation inures to the benefit of any private stockholder

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

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

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

15  shall directly or indirectly offer or sell securities under

16  this subsection except by an offering circular containing full

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

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

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

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

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

22  intended application by the issuer of the proceeds thereof,

23  and financial statements of the issuer prepared in conformance

24  with United States generally accepted accounting principles.

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

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

27  chapter.

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

29  Florida Statutes, is amended to read:

30         517.061  Exempt transactions.--The exemption for each

31  transaction listed below is self-executing and does not

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 1  require any filing with the office prior to claiming such

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

 3  exemptions bears the burden of proving such entitlement in any

 4  proceeding brought under this chapter.  The registration

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

 6  transactions; however, such transactions are subject to the

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

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

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

10  517.12(17).

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

12  517.081, Florida Statutes, is amended to read:

13         517.081  Registration procedure.--

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

15  the office the following information concerning the issuer and

16  such other relevant information as the office may in its

17  judgment deem necessary to enable it to ascertain whether such

18  securities shall be registered pursuant to the provisions of

19  this section:

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

21  any circular, prospectus, advertisement, or other description

22  of such securities.

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

24  offering circular to be used solely by corporations to

25  register, under this section, securities of the corporation

26  that are sold in offerings in which the aggregate offering

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

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

29  following issuers shall not be eligible to submit a simplified

30  offering circular adopted pursuant to this subparagraph:

31  

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 1         a.  An issuer seeking to register securities for resale

 2  by persons other than the issuer.

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

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

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

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

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

 8  517.111. For purposes of this subparagraph, an issuer includes

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

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

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

12  director, or partner of such selling agent.

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

14  either has no specific business plan or purpose or has

15  indicated that its business plan is to merge with an

16  unidentified company or companies.

17         d.  An issuer of offerings in which the specific

18  business or properties cannot be described.

19         e.  Any issuer the office determines is ineligible if

20  the form would not provide full and fair disclosure of

21  material information for the type of offering to be registered

22  by the issuer.

23         f.  Any corporation which has failed to provide the

24  office the reports required for a previous offering registered

25  pursuant to this subparagraph.

26  

27  As a condition precedent to qualifying for use of the

28  simplified offering circular, a corporation shall agree to

29  provide the office with an annual financial report containing

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

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

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 1  with United States generally accepted accounting principles

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

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

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

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

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

 7  first 5 years following the effective date of the

 8  registration.

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

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

11         517.12  Registration of dealers, associated persons,

12  investment advisers, and branch offices.--

13         (7)  The application shall also contain such

14  information as the commission or office may require about the

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

16  or any person having a similar status or performing similar

17  functions; any person directly or indirectly controlling the

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

19  adviser rendering investment advisory services.  Each

20  applicant shall file a complete set of fingerprints. A

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

22  authorized law enforcement officer if such fingerprint card is

23  submitted in paper form. In addition to the fee prescribed in

24  s. 215.405, the commission may prescribe by rule an additional

25  fee, not to exceed $30, for processing fingerprints and

26  procedures for submitting fingerprints and fees by electronic

27  means to the office or to a third party approved by the

28  office. In order to implement the submission and processing of

29  fingerprints as specified by rule under this section, the

30  office may, without complying with the requirements of chapter

31  287, contract with another state agency providing fingerprint

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

 2  under contract with such state agency.  Such fingerprints

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

 4  Federal Bureau of Investigation for state and federal

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

 6  requirement that applicants must file a set of fingerprints or

 7  the requirement that such fingerprints must be processed by

 8  the Department of Law Enforcement or the Federal Bureau of

 9  Investigation.  The commission or office may require

10  information about any such applicant or person concerning such

11  matters as:

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

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

14  qualifications, and educational and business history.

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

16  or federal agency, national securities exchange, or national

17  securities association involving a security or any aspect of

18  the securities business and any injunction or administrative

19  order by a state or federal agency regulating banking,

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

21  mortgage brokers, or other related or similar industries,

22  which injunctions or administrative orders relate to such

23  person.

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

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

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

27  under s. 517.161.

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

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

30  and financial responsibility.

31  

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 1         (10)  An applicant for registration shall pay an

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

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

 4  assessment fee of an associated person shall be reduced to

 5  $30, but only after the office determines, by final order,

 6  that sufficient funds have been allocated to the Securities

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

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

 9  amounts payable under any service contract entered into by the

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

11  certificates of indebtedness, other obligations, or evidences

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

13  indebtedness, or other obligations, have been paid or

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

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

16  or evidences of indebtedness.  An associated person may not

17  having current fingerprint cards filed with the National

18  Association of Securities Dealers or a national securities

19  exchange registered with the Securities and Exchange

20  Commission shall be assessed an additional fee to cover the

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

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

23  dealer and each investment adviser shall pay an assessment fee

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

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

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

27  until such time as the Securities Guaranty Fund satisfies the

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

29  registration is withdrawn or not granted.

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

31  repute and character and has complied with the provisions of

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

 2  register the applicant.  The registration of each dealer,

 3  investment adviser, and associated person will expire on

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

 5  registrant has renewed its registration on or before that

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

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

 8  Dealers develops the capacity to process branch office

 9  registration through the Central Registration Depository,

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

11  the registrant has renewed its registration on or before that

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

13  the year in which branch renewals shall be processed through

14  the Central Registration Depository of the National

15  Association of Securities Dealers. The commission may

16  establish by rule procedures for renewing branch registrations

17  through the Central Registration Depository. Registration may

18  be renewed by furnishing such information as the commission

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

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

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

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

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

24  dealer, investment adviser, or associated person registrant

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

26  registration expires may request reinstatement of such

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

28  31 of the year following the year of expiration, such

29  information as may be required by the commission, together

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

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

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

 2  registration granted by the office during the month of January

 3  shall be deemed effective retroactive to January 1 of that

 4  year.

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

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

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

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

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

10  Central Registration Depository or the Investment Advisor

11  Registration Depository of the National Association of

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

13  North American Securities Administrators Association, Inc.;

14  provided, however, that such procedures shall provide the

15  office with the information and data as required by this

16  section.

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

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

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

20  in this state is exempt from the registration requirements of

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

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

23  any security by:

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

25  and with whom the Canadian dealer had a bona fide

26  dealer-client relationship before the person entered the

27  United States; or

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

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

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

31  contributor.

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

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

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

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

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

 6  electronic means, if such procedures provide the office with

 7  the information and data required by this section.

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

 9  this section if such dealer provides to the office:

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

11  by rule require;

12         2.  A consent to service of process;

13         3.  Evidence that the Canadian dealer is registered as

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

15  located and files evidence of such registration with the

16  office; and

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

18  self-regulatory organization or stock exchange in Canada.

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

20  effectiveness of a notice filing for a Canadian dealer.

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

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

23  filing becomes effective unless the Canadian dealer has

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

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

26  such information as the office may require together with a

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

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

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

30  time a current notice filing expires may request reinstatement

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

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

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

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

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

 5  office during the month of January shall be deemed effective

 6  retroactively to January 1 of that year.

 7         (f)  An associated person who represents a Canadian

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

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

10  may effect transactions in securities in this state as

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

12  registered in the jurisdiction from which he or she is

13  effecting transactions into this state.

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

15  under this section shall:

16         1.  Maintain its provincial or territorial registration

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

18  exchange in good standing.

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

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

21         3.  Provide the office upon request notice of each

22  civil, criminal, or administrative action initiated against

23  the dealer.

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

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

26  regulatory requirements under this chapter.

27         5.  Correct any inaccurate information within 30 days

28  if the information contained in the notice of filing becomes

29  inaccurate for any reason.

30  

31  

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 1         (h)  An associated person representing a Canadian

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

 3  shall:

 4         1.  Maintain provincial or territorial registration in

 5  good standing.

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

 7  civil, criminal, or administrative action initiated against

 8  such person.

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

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

11  specified by the Canadian dealer, such notice shall be

12  effective upon its receipt by the office.

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

14  revenue of the state, except for those assessments provided

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

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

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

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

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

20  the dealer is registered in accordance with this section,

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

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

23         1.  A person from Canada who temporarily resides in

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

25  dealer-client relationship before the person entered the

26  United States; or

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

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

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

30  holder or contributor.

31  

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 1         (b)  An associated person who represents a Canadian

 2  dealer registered under this section may, provided the agent

 3  is registered in accordance with this section, effect

 4  transactions in securities in this state as permitted for a

 5  dealer, under subsection (a).

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

 7  provided that such dealer:

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

 9  jurisdiction in which the dealer has a head office.

10         2.  Files a consent to service of process.

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

12  jurisdiction from which it is effecting transactions into this

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

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

15  stock exchange in Canada.

16         (d)  An associated person who represents a Canadian

17  dealer registered under this section in effecting transactions

18  in securities in this state may register under this section

19  provided that such person:

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

21  jurisdiction in which the dealer has its head office.

22         2.  Is registered in good standing in the jurisdiction

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

24  and files evidence of such registration with the office.

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

26  repute and character and has complied with the provisions of

27  this chapter, the office shall register the applicant.

28         (f)  A Canadian dealer registered under this section

29  shall:

30  

31  

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 1         1.  Maintain its provincial or territorial registration

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

 3  exchange in good standing.

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

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

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

 7  or administrative action initiated against the dealer.

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

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

10  requirements under this chapter.

11         5.  Correct any inaccurate information within 30 days,

12  if the information contained in the application form becomes

13  inaccurate for any reason before or after the dealer becomes

14  registered.

15         (g)  An associated person of a Canadian dealer

16  registered under this section shall:

17         1.  Maintain provincial or territorial registration in

18  good standing.

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

20  criminal, or administrative action initiated against such

21  person.

22         3.  Through the dealer, correct any inaccurate

23  information within 30 days, if the information contained in

24  the application form becomes inaccurate for any reason before

25  or after the associated person becomes registered.

26         (h)  Renewal applications for Canadian dealers and

27  associated persons under this section must be filed before

28  December 31 each year.  Every applicant for registration or

29  renewal registration under this section shall pay the fee for

30  dealers and associated persons under this chapter.

31  

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

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

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

 4         517.131  Securities Guaranty Fund.--

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

 6  Securities Guaranty Fund if:

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

 8  inquiries to ascertain whether the judgment debtor possesses

 9  real or personal property or other assets subject to being

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

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

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

13  necessary action and proceedings for the application thereof

14  to the judgment, but the amount thereby realized was

15  insufficient to satisfy the judgment.  To verify compliance

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

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

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

19  the judgment debtor liable to be levied upon in complete

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

21  affidavit from the claimant setting forth the reasonable

22  searches and inquiries undertaken and the result.

23         (e)  The office waives compliance with the requirements

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

25  compliance if the dealer, investment adviser, or associated

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

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

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

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

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

31  examiner, or receiver, distribute funds from the Securities

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

 2  waiver granted pursuant to this section shall be considered a

 3  judgment for purposes of complying with the requirements of

 4  this section and of s. 517.141.

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

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

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

 8  guidelines for the sufficiency and content of submissions of

 9  notices and claims.

10         Section 28.  Subsections (2) and (5) of section

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

12  added to that section, to read:

13         517.141  Payment from the fund.--

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

15  involved, payments for claims shall be limited in the

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

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

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

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

20  the total claims filed.

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

22  claim is overturned in any appeal or in any collateral

23  proceeding, the claimant shall reimburse the fund all amounts

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

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

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

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

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

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

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

31  proceedings.

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

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

 3  of submission and guidelines for the sufficiency and content

 4  of submissions of notices and claims.

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

 6  Statutes, is amended to read:

 7         517.161  Revocation, denial, or suspension of

 8  registration of dealer, investment adviser, associated person,

 9  or branch office.--

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

11  registration granted may be revoked, restricted, or suspended

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

13  registrant:

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

15  rule or order made under this chapter;

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

17  application for registration;

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

19  with rendering investment advice or in connection with any

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

21  engage in making fictitious or pretended sales or purchases of

22  any such securities or in any practice involving the rendering

23  of investment advice or the sale of securities which is

24  fraudulent or in violation of the law;

25         (d)  Has made a misrepresentation or false statement

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

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

28  security to such person;

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

30  all money and property received;

31  

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

 2  persons entitled thereto securities held or agreed to be

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

 4  when paid for, and due to be delivered;

 5         (g)  Is rendering investment advice or selling or

 6  offering for sale securities through any associated person not

 7  registered in compliance with the provisions of this chapter;

 8         (h)  Has demonstrated unworthiness to transact the

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

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

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

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

13  trustee appointed under the Securities Investor Protection

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

15  insolvent;

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

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

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

19  other country or government which relates to registration as a

20  dealer, investment adviser, issuer of securities, associated

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

22  such registration; or which involves moral turpitude or

23  fraudulent or dishonest dealing;

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

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

26  misrepresentation, or deceit;

27         (l)  Is of bad business repute; or

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

29  injunction, suspension, prohibition, revocation, denial,

30  judgment, or administrative order by any court of competent

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

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 1  federal agency, national securities, commodities, or option

 2  exchange, or national securities, commodities, or option

 3  association, involving a violation of any federal or state

 4  securities or commodities law or any rule or regulation

 5  promulgated thereunder, or any rule or regulation of any

 6  national securities, commodities, or options exchange or

 7  national securities, commodities, or options association, or

 8  has been the subject of any injunction or adverse

 9  administrative order by a state or federal agency regulating

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

11  estate, mortgage brokers, or other related or similar

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

13  not deny registration to any applicant who has been

14  continuously registered with the office for 5 years from the

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

16  prohibition, revocation, denial, judgment, or administrative

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

18  prohibition, revocation, denial, judgment, or administrative

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

20  commission's rules; or.

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

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

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

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

25  Statutes, is amended to read:

26         520.03  Licenses.--

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

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

29  prescribe by rule. If the office determines that an

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

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

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

 2  principal place of business and each application for a branch

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

 4  licensed under this chapter. An application shall be deemed

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

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

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

 8  prescribed by law or rule.

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

10  Statutes, is amended to read:

11         520.32  Licenses.--

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

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

14  prescribe by rule. If the office determines that an

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

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

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

18  principal place of business and each application for a branch

19  location of a retail installment seller. An application shall

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

21  completed application form as prescribed by the commission by

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

23  fee prescribed by law or rule.

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

25  Statutes, is amended to read:

26         520.52  Licensees.--

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

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

29  prescribe by rule. If the office determines that an

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

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

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

 2  principal place of business and each branch location of a

 3  sales finance company. An application shall be deemed received

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

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

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

 7  prescribed by law or rule.

 8         Section 33.  Subsection (2) of section 520.63, Florida

 9  Statutes, is amended to read:

10         520.63  Licensees.--

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

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

13  prescribe by rule. If the office determines that an

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

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

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

17  principal place of business and each application for a branch

18  location of a home improvement finance seller. An application

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

20  receipt of a completed application form as prescribed by the

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

22  and any other fee prescribed by law or rule.

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

24  Statutes, is amended to read:

25         520.994  Powers of office.--

26         (5)  The office shall administer and enforce this

27  chapter. The commission has authority to adopt rules pursuant

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

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

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

31  by this chapter, provided such rules reasonably accommodate

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 1  technological or financial hardship. The commission may

 2  prescribe by rule requirements and procedures for obtaining a

 3  technological or financial hardship exemption.

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

 5  of section 520.995, Florida Statutes, to read:

 6         520.995  Grounds for disciplinary action.--

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

 8  and constitute grounds for the disciplinary actions specified

 9  in subsection (2):

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

11  a check or electronic transmission of funds that fails to

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

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

14  Statutes, is amended to read:

15         520.997  Books, accounts, and records.--

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

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

18  records of licensees so that such records will enable the

19  office to determine compliance with the provisions of this

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

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

22  documents retained by the licensee after completion of the

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

24  2-year retention period specified in subsection (3), if the

25  office identifies a statute of limitations in another civil or

26  criminal state or federal law or rule that is reasonably

27  related by subject matter to the administration of this

28  chapter, the commission may identify that statute of

29  limitations by rule and may prohibit the destruction of

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

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

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 1  statute of limitations. The commission shall prescribe by rule

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

 3  related to the identified statute of limitations.

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

 5  Statutes, is amended to read:

 6         537.009  Recordkeeping; reporting; safekeeping of

 7  property.--

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

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

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

11  licensees so that such records will enable the office to

12  determine compliance with the provisions of this act. In

13  addition, the commission may prescribe by rule the

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

15  documents retained by the licensee after completion of the

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

17  2-year retention period specified in subsection (3), if the

18  office identifies a statute of limitations in another civil or

19  criminal state or federal law or rule that is reasonably

20  related by subject matter to the administration of this

21  chapter, the commission may identify that statute of

22  limitations by rule and may prohibit the destruction of

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

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

25  statute of limitations. The commission shall prescribe by rule

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

27  related to the identified statute of limitations.

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

29  560.105, Florida Statutes, to read:

30         560.105  Supervisory powers; rulemaking.--

31  

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 1         (3)  The commission may adopt rules which require

 2  electronic submission of any forms, documents, or fees

 3  required by this act, provided such rules reasonably

 4  accommodate technological or financial hardship. The

 5  commission may prescribe by rule requirements and procedures

 6  for obtaining a technological or financial hardship exemption.

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

 8  of section 560.114, Florida Statutes, to read:

 9         560.114  Disciplinary actions.--

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

11  money transmitter-affiliated party are violations of the code

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

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

14  registration application or the suspension or revocation of

15  any registration previously issued pursuant to the code, or

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

17  office pursuant to the code:

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

19  a check or electronic transmission of funds that fails to

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

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

22  560.118, Florida Statutes, is amended to read:

23         560.118  Examinations, reports, and internal audits;

24  penalty.--

25         (2)

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

27  transmitter or authorized vendor to submit quarterly reports

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

29  electronic submission of any forms, documents, or fees

30  required by this act, provided such rules reasonably

31  accommodate technological or financial hardship. The

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 1  commission may prescribe by rule requirements and procedures

 2  for obtaining a technological or financial hardship exemption.

 3  The commission may require that each report contain a

 4  declaration by an officer, or any other responsible person

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

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

 7  Such report must include such information as the commission by

 8  rule requires for that type of money transmitter.

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

10  Statutes, is amended to read:

11         560.121  Records; limited restrictions upon public

12  access.--

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

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

15  documents of licensees for purposes of enabling the office to

16  determine the licensee's compliance with ss. 560.101-560.408.

17  In addition, the commission may prescribe by rule the

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

19  documents retained by the licensee after completion of the

20  time period specified in this subsection. Notwithstanding the

21  3-year retention period specified in this subsection, if the

22  office identifies a statute of limitations in another civil or

23  criminal state or federal law or rule that is reasonably

24  related by subject matter to the administration of this

25  chapter, the commission may identify that statute of

26  limitations by rule and may prohibit the destruction of

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

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

29  statute of limitations. The commission shall prescribe by rule

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

31  related to the identified statute of limitations. Examination

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 1  reports, investigatory records, applications, and related

 2  information compiled by the office, or photographic copies

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

 4  least 3 10 years after the date the examination or

 5  investigation is closed or ceases to be active or the

 6  registration ceases to be active.

 7         Section 42.  Section 560.205, Florida Statutes, is

 8  amended to read:

 9         560.205  Qualifications of applicant for registration;

10  contents.--

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

12  applicant must demonstrate to the office such character and

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

14  warrant the belief that the registered business will be

15  operated lawfully and fairly. The office may investigate each

16  applicant to ascertain whether the qualifications and

17  requirements prescribed by this part have been met. The

18  office's investigation may include a criminal background

19  investigation of all controlling shareholders, principals,

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

21  funds transmitter and a payment instrument seller and all

22  persons designated by a funds transmitter or payment

23  instrument seller as an authorized vendor. Each controlling

24  shareholder, principal, officer, director, member, and

25  responsible person of a funds transmitter or payment

26  instrument seller, unless the applicant is a publicly traded

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

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

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

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

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

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 1  authorized law enforcement officer if such fingerprint card is

 2  submitted to the office in paper form. In addition to the fees

 3  prescribed in s. 215.405, the commission may prescribe by rule

 4  an additional fee, not to exceed $30, for processing the

 5  fingerprints. The commission may prescribe by rule procedures

 6  for submitting fingerprints and fees by electronic means to

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

 8  order to implement the submission and processing of

 9  fingerprints as specified by rule pursuant to this section,

10  the office may, without complying with the requirements of

11  chapter 287, contract with any other state agency that

12  provides fingerprinting services, either directly or through a

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

14  fingerprints must be submitted to the Department of Law

15  Enforcement or the Federal Bureau of Investigation for state

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

17  requirement that applicants file a set of fingerprints or the

18  requirement that such fingerprints be processed by the

19  Department of Law Enforcement or the Federal Bureau of

20  Investigation.

21         (2)  Each application for registration must be

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

23  commission prescribes by rule and must be accompanied by a

24  nonrefundable application fee. The commission may establish by

25  rule procedures for depositing fees and filing documents by

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

27  payment instrument seller or funds transmitter and $50 for

28  each authorized vendor or location operating within this

29  state. The application forms shall contain set forth such

30  information as the commission reasonably requires by rule,

31  including, but not limited to:

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

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

 3  conduct of its business.

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

 5  litigation, criminal convictions, pleas of nolo contendere,

 6  and cases of adjudication withheld.

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

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

 9  business activities in which the applicant seeks to engage in

10  this state.

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

12  authorized vendors in this state, including the location or

13  locations in this state at which the applicant and its

14  authorized vendors propose to conduct registered activities.

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

16  applicable.

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

18  applicable.

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

20  institution or financial institutions through which the

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

22  such payment instruments will be payable.

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

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

25  be fulfilled.

26         (3)  Each application for registration by an applicant

27  that is a corporation shall contain also set forth such

28  information as the commission reasonably requires by rule,

29  including, but not limited to:

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

31  state of incorporation.

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

 2  country in which the applicant was incorporated.

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

 4  applicant, including the identity of any parent or subsidiary

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

 6  subsidiary is publicly traded on any stock exchange.

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

 8  employment history for the past 5 years for each executive

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

10  responsible person who will be in charge of all the

11  applicant's business activities in this state.

12         (e)  The history of material litigation and criminal

13  convictions, pleas of nolo contendere, and cases of

14  adjudication withheld for each executive officer, each

15  director, each controlling shareholder, and the responsible

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

17  activities.

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

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

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

21  applicant is a wholly owned subsidiary of another corporation,

22  the parent's consolidated audited financial statements may be

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

24  required to file audited financial statements may satisfy this

25  requirement by filing unaudited financial statements verified

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

27  rule.

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

29  financial statements may file copies of the applicant's

30  unconsolidated, unaudited financial statements for the current

31  

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

 2  period.

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

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

 5  States Securities and Exchange Commission, or with a similar

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

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

 8         (4)  Each application for registration submitted to the

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

10  also set forth such information as the commission reasonably

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

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

13  business in this state.

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

15  personal financial statement and employment history for the

16  past 5 years for each individual having a controlling

17  ownership interest in the applicant, and each responsible

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

19  activities.

20         (c)  The history of material litigation and criminal

21  convictions, pleas of nolo contendere, and cases of

22  adjudication withheld for each individual having a controlling

23  ownership interest in the applicant and each responsible

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

25  activities.

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

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

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

29  audited financial statements may satisfy this requirement by

30  filing unaudited financial statements verified under penalty

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

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 1         (5)  Each applicant shall designate and maintain an

 2  agent in this state for service of process.

 3         (6)  Changes in registration occasioned by changes in

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

 5  copartners, officers, directors, controlling shareholders, or

 6  responsible persons of a money transmitter or by changes of

 7  any material fact or method of doing business shall be

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

 9  the commission shall specify by rule.

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

11  Statutes, is amended to read:

12         560.207  Renewal of registration; registration fee.--

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

14  or the remainder of any such period without proration

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

16  office of an application and other statements and documents as

17  may reasonably be required of registrants by the commission.

18  The commission may establish by rule procedures for depositing

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

20  registrant must remain qualified for such registration under

21  the provisions of this part.

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

23  Statutes, is amended to read:

24         560.210  Permissible investments.--

25         (1)  A registrant shall at all times possess

26  permissible investments with an aggregate market value

27  calculated in accordance with United States generally accepted

28  accounting principles of not less than the aggregate face

29  amount of all outstanding funds transmissions transmitted and

30  outstanding payment instruments issued or sold by the

31  registrant or an authorized vendor in the United States.

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

 2  Statutes, is amended to read:

 3         560.211  Records.--

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

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

 6  that the registrant notifies the office in writing of the

 7  location of the records in its application or otherwise by

 8  amendment as prescribed by the commission by rule. The

 9  registrant shall make such records available to the office for

10  examination and investigation in this state, as permitted by

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

12         Section 46.  Section 560.305, Florida Statutes, is

13  amended to read:

14         560.305  Application.--Each application for

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

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

17  establish by rule procedures for depositing fees and filing

18  documents by electronic means. The application shall contain

19  such information as the commission requires by rule,

20  including, but not limited to include the following:

21         (1)  The legal name and residence and business

22  addresses of the applicant if the applicant is a natural

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

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

25  thereof.

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

27  applicant.

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

29  which the applicant proposes to engage in such activities

30  since the provisions of registration apply to each and every

31  operating location of a registrant.

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

 2  reasonably requires with respect to the applicant or any money

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

 4  commission or office may not require more information than is

 5  specified in part II.

 6         Section 47.  Subsections (1) and (4) of section

 7  560.306, Florida Statutes, are amended, and subsection (6) is

 8  added to that section, to read:

 9         560.306  Standards.--

10         (1)  In order to qualify for registration under this

11  part, an applicant must demonstrate to the office that he or

12  she has such character and general fitness as will command the

13  confidence of the public and warrant the belief that the

14  registered business will be operated lawfully and fairly. The

15  office may investigate each applicant to ascertain whether the

16  qualifications and requirements prescribed by this part have

17  been met. The office's investigation may include a criminal

18  background investigation of all controlling shareholders,

19  principals, officers, directors, members, and responsible

20  persons of a check casher and a foreign currency exchanger and

21  all persons designated by a foreign currency exchanger or

22  check casher as an authorized vendor. Each controlling

23  shareholder, principal, officer, director, member, and

24  responsible person of a check casher or foreign currency

25  exchanger, unless the applicant is a publicly traded

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

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

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

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

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

31  authorized law enforcement officer if such fingerprint card is

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 1  submitted to the office in paper form. In addition to the fees

 2  prescribed in s. 215.405, the commission may prescribe by rule

 3  an additional fee, not to exceed $30, for processing the

 4  fingerprints. The commission may prescribe by rule procedures

 5  for submitting fingerprints and fees by electronic means to

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

 7  order to implement the submission and processing of

 8  fingerprints as specified by rule pursuant to this section,

 9  the office may, without complying with the requirements of

10  chapter 287, contract with any other state agency that

11  provides fingerprinting services, either directly or through a

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

13  fingerprints must be submitted to the Department of Law

14  Enforcement or the Federal Bureau of Investigation for state

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

16  requirement that applicants file a set of fingerprints or the

17  requirement that such fingerprints be processed by the

18  Department of Law Enforcement or the Federal Bureau of

19  Investigation.

20         (4)  Each registration application and renewal

21  application must specify the location at which the applicant

22  proposes to establish its principal place of business and any

23  other location, including authorized vendors operating in this

24  state. The registrant shall notify the office of any changes

25  to any such locations. Any registrant may satisfy this

26  requirement by providing the office with a list of such

27  locations, including all authorized vendors operating in this

28  state, not less than annually. A registrant may not transact

29  business as a check casher or a foreign currency exchanger

30  except pursuant to the name under which it is registered.

31  

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 1         (6)  Changes in registration occasioned by changes in

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

 3  copartners, officers, directors, controlling shareholders, or

 4  responsible persons of a money transmitter or by changes of

 5  any material fact or method of doing business shall be

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

 7  the commission shall specify by rule.

 8         Section 48.  Subsection (2) of section 560.308, Florida

 9  Statutes, is amended to read:

10         560.308  Registration terms; renewal; renewal fees.--

11         (2)  The office shall renew registration upon receipt

12  of a completed renewal form and payment of a nonrefundable

13  renewal fee not to exceed $500. The completed renewal form and

14  payment of the renewal fee shall occur on or after June 1 of

15  the year in which the existing registration expires. The

16  commission may establish by rule procedures for depositing

17  fees and filing documents by electronic means.

18         Section 49.  Subsection (2) of section 560.310, Florida

19  Statutes, is amended to read:

20         560.310  Records of check cashers and foreign currency

21  exchangers.--

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

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

24  that the registrant notifies the office, in writing, of the

25  location of the records in its application or otherwise by

26  amendment as prescribed by the commission by rule. The

27  registrant shall make such records available to the office for

28  examination and investigation in this state, as permitted by

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

30         Section 50.  Section 626.565, Florida Statutes, is

31  created to read:

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 1         626.565  Disposition of records.--

 2         (1)  An agent or other licensee of the department or

 3  office shall be responsible for the prudent disposition of

 4  records containing personal financial or health information

 5  regarding a consumer, policyholder, applicant, or insured

 6  after any applicable retention requirement has been met.

 7  Disposition shall be by a method that protects the

 8  confidentiality of any of the personal financial or health

 9  information. Each appointing entity shall comply with this

10  requirement by the licensee in any appointment or

11  representation agreement between the appointing entity and the

12  licensee.

13         (2)  The department or commission may adopt rules

14  governing the disposition of records of personal financial or

15  health information of a consumer, policyholder, applicant, or

16  insured by agents and other licensees. The rules shall be

17  designed to protect the confidential and sensitive nature of

18  the information and avoid identity theft.

19         Section 51.  This act shall take effect October 1,

20  2004.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 1624

24                                 

25  Caps fees for processing fingerprints at no more than $30.

26  Caps fees at $100 for an examination which covers primary and
    subordinate mortgage financing transactions under s.
27  494.0061,F.S.

28  

29  

30  

31  

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