Senate Bill sb0304c2

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    Florida Senate - 2005                     CS for CS for SB 304

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




    585-1807-05

  1                      A bill to be entitled

  2         An act relating to financial entities and

  3         transactions; amending s. 494.0011, F.S.;

  4         authorizing the Financial Services Commission

  5         to require electronic submission of forms,

  6         documents, or fees; providing for accommodating

  7         a technological or financial hardship;

  8         authorizing the commission to adopt rules

  9         relating to obtaining such an accommodation;

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

11         commission to prescribe requirements for

12         destroying books, accounts, records, and

13         documents; authorizing the commission to

14         recognize alternative statutes of limitation

15         for such destruction; providing for procedures;

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

17         for receipt of certain applications; specifying

18         that certain permits are not transferable or

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

20         revising provisions to specify continuing

21         education for certain professions; amending s.

22         494.003, F.S.; clarifying application of an

23         exemption from application of specified

24         mortgage broker licensure requirements to

25         certain entities; amending s. 494.0031, F.S.;

26         requiring licensure of mortgage brokerage

27         businesses; specifying criteria for receipt of

28         applications; authorizing the commission or the

29         Office of Financial Regulation to require

30         specified information from certain applicants;

31         revising certain fingerprinting requirements;

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 1         authorizing the commission to prescribe fees

 2         and procedures for processing fingerprints;

 3         authorizing the office to contract for

 4         fingerprinting services; specifying that

 5         certain licenses are not transferable or

 6         assignable; amending s. 494.0033, F.S.;

 7         clarifying requirements for mortgage broker

 8         licensure; authorizing the commission to waive

 9         certain examination requirements under

10         specified circumstances; authorizing the

11         commission to prescribe additional testing

12         fees; revising fingerprinting requirements;

13         authorizing the commission to prescribe fees

14         and procedures for processing fingerprints;

15         authorizing the office to contract for certain

16         fingerprinting services; specifying criteria

17         for receipt of applications; deleting

18         provisions relating to cancellation and

19         reinstatement of licenses; amending s.

20         494.0034, F.S.; clarifying the commission's

21         authorization to prescribe license renewal

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

23         provisions relating to issuance of licenses to

24         mortgage brokerage business branch offices;

25         specifying criteria for receipt of certain

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

27         specifying an additional ground for

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

29         clarifying the application of an exemption from

30         mortgage lender licensure requirements to

31         certain entities; amending s. 494.0061, F.S.;

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 1         requiring licensure of mortgage lenders;

 2         specifying criteria for receipt of

 3         applications; revising fingerprinting

 4         requirements; authorizing the commission to

 5         prescribe fees and procedures for processing

 6         fingerprints; authorizing the office to

 7         contract for certain fingerprinting services;

 8         deleting certain provisions relating to

 9         cancellation and reinstatement of licenses;

10         authorizing the commission to waive specified

11         examination requirements under certain

12         circumstances; authorizing the commission to

13         prescribe additional testing fees; amending s.

14         494.0062, F.S.; requiring licensure of

15         correspondent mortgage lenders; specifying

16         criteria for receipt of applications;

17         authorizing the office to require applicants to

18         provide certain information; revising

19         fingerprinting requirements; authorizing the

20         commission to prescribe fees and procedures for

21         processing fingerprints; authorizing the office

22         to contract for certain fingerprinting

23         services; deleting certain provisions relating

24         to cancellation and reinstatement of licenses;

25         authorizing the commission to waive specified

26         examination requirements under certain

27         circumstances; authorizing the commission to

28         prescribe additional testing fees; requiring

29         notice of a change in principal

30         representatives; providing educational

31         requirements for principal representatives;

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

 2         reference to professional continuing education

 3         for certain licensees; amending s. 494.0065,

 4         F.S.; specifying criteria for receipt of

 5         applications; specifying education and testing

 6         requirements for certain principal

 7         representatives and for certain applications or

 8         transfer applications; authorizing the

 9         commission to waive specified examination

10         requirements under certain circumstances;

11         authorizing the commission to prescribe

12         additional testing fees; increasing a license

13         transfer fee; revising fingerprinting

14         requirements; authorizing the commission to

15         prescribe fees and procedures for processing

16         fingerprints; authorizing the office to

17         contract for certain fingerprinting services;

18         requiring mortgage lenders to designate a

19         principal representative; providing criteria

20         and requirements; requiring notice of a change

21         in principal representatives; amending s.

22         494.0066, F.S.; clarifying licensure

23         requirements for branch offices; amending s.

24         494.0067, F.S.; clarifying reference to

25         professional continuing education requirements;

26         amending s. 494.0072, F.S.; providing an

27         additional ground for disciplinary action;

28         amending s. 494.00721, F.S.; correcting

29         cross-references; amending s. 501.137, F.S.;

30         imposing certain costs and fees on a mortgage

31         lender that fails to pay a property owner's tax

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 1         or insurance premiums from an escrow account;

 2         amending s. 516.03, F.S.; specifying criteria

 3         for receipt of certain applications; providing

 4         that specified fees are nonrefundable;

 5         authorizing the commission to require

 6         electronic submission of forms, documents, or

 7         fees; providing for accommodating a

 8         technological or financial hardship;

 9         authorizing the commission to make rules

10         relating to obtaining such an accommodation;

11         amending s. 516.05, F.S.; deleting provisions

12         relating to fees for licenses that have been

13         denied; amending s. 516.07, F.S.; providing an

14         additional ground for disciplinary action;

15         amending s. 516.12, F.S.; authorizing the

16         commission to prescribe minimum information

17         that must be shown in a licensee's books,

18         accounts, records, and documents; authorizing

19         the commission to prescribe requirements for

20         destroying books, accounts, records, and

21         documents; authorizing the commission to

22         recognize alternative statutes of limitation

23         for such destruction; providing for procedures;

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

25         related to exempt transactions; amending ss.

26         517.051 and 517.081, F.S.; revising standards

27         for accounting principles to be used in

28         preparing certain financial statements;

29         amending s. 517.12, F.S.; revising provisions

30         for taking and submitting fingerprints of

31         dealers, associated persons, and similarly

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 1         situated persons; revising provisions relating

 2         to expiration and renewal of registration of

 3         such persons; providing an exemption from

 4         registration requirements for a Canadian dealer

 5         and an associated person who represents a

 6         Canadian dealer, under certain conditions;

 7         providing for notice filing by a Canadian

 8         dealer under certain conditions; authorizing

 9         the Office of Financial Regulation of the

10         Financial Services Commission to issue a permit

11         to evidence the effectiveness of a notice

12         filing for a Canadian dealer; providing for the

13         renewal of a notice filing by a Canadian

14         dealer; providing for reinstatement of a notice

15         filing; providing obligations for a Canadian

16         dealer who has given notice of filing;

17         providing obligations for an associated person

18         representing a Canadian dealer who has given

19         notice of filing; providing for the termination

20         of a notice of filing; providing for the

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

22         revising conditions under which recovery can be

23         made from the Securities Guaranty Fund;

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

25         circumstances under which a claimant must

26         reimburse the fund; providing for rulemaking;

27         amending s. 517.161, F.S.; providing an

28         additional ground for revocation, restriction,

29         or suspension of a registration; amending ss.

30         520.03, 520.32, 520.52, and 520.63, F.S.;

31         specifying criteria for receipt of certain

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 1         applications; providing that certain fees are

 2         nonrefundable; amending s. 520.994, F.S.;

 3         authorizing the commission to require

 4         electronic submission of forms, documents, or

 5         fees; providing for accommodating a

 6         technological or financial hardship; providing

 7         for rulemaking; amending s. 520.995, F.S.;

 8         providing an additional ground for disciplinary

 9         action; amending ss. 520.997 and 537.009, F.S.;

10         authorizing the commission to prescribe certain

11         minimum information that must be shown in a

12         licensee's books, accounts, records, and

13         documents; authorizing the commission to

14         prescribe requirements for destroying books,

15         accounts, records, and documents; authorizing

16         the commission to recognize alternative

17         statutes of limitation for such destruction;

18         providing for procedures; amending ss. 560.105

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

20         to require electronic submission of forms,

21         documents, or fees; providing for accommodating

22         a technological or financial hardship; amending

23         s. 560.114, F.S.; providing an additional

24         ground for disciplinary action; amending s.

25         560.121, F.S.; authorizing the commission to

26         prescribe certain minimum information that must

27         be shown in a licensee's books, accounts,

28         records, and documents; authorizing the

29         commission to prescribe requirements for

30         destroying books, accounts, records, and

31         documents; authorizing the commission to

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 1         recognize alternative statutes of limitation

 2         for such destruction; providing for procedures;

 3         decreasing the required time period for the

 4         office to retain certain reports, records,

 5         applications, and related information; amending

 6         s. 560.126, F.S.; requiring notice of changes

 7         in information contained in a registration

 8         application; amending s. 560.205, F.S.;

 9         revising fingerprinting requirements;

10         authorizing the commission to prescribe fees

11         and procedures for processing fingerprints;

12         authorizing the office to contract for certain

13         fingerprinting services; authorizing the

14         commission to establish procedures for

15         depositing fees and filing documents

16         electronically; deleting a requirement that an

17         applicant provide a list of certain vendors;

18         requiring the reporting of certain changes of

19         registration by written amendment; amending s.

20         560.207, F.S.; authorizing the commission to

21         establish procedures for depositing fees and

22         filing documents electronically; revising

23         procedures for renewing a registration;

24         providing that specified fees are

25         nonrefundable; providing conditions to the

26         reinstatement of a registration; amending s.

27         560.210, F.S.; revising permissible investment

28         requirements for certain registrants; amending

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

30         to the office of the location of certain

31         amended records; amending ss. 560.305 and

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 1         560.308, F.S.; revising procedures for renewing

 2         a registration; providing that specified fees

 3         are nonrefundable; providing conditions to the

 4         reinstatement of a registration; authorizing

 5         the commission to establish procedures for

 6         depositing fees and filing documents

 7         electronically; amending s. 560.306, F.S.;

 8         revising certain fingerprinting requirements;

 9         authorizing the commission to prescribe fees

10         and procedures for processing fingerprints;

11         authorizing the office to contract for certain

12         fingerprinting services; requiring the

13         reporting of certain changes of registration by

14         written amendment; specifying in general that

15         accounting principles are those generally

16         accepted in the United States; specifying

17         commission authority by rules; amending s.

18         560.403, F.S.; revising requirements for giving

19         notice of intent in connection with the renewal

20         of registration; providing that specified fees

21         are nonrefundable; providing conditions to the

22         reinstatement of a notice of intent; providing

23         an effective date.

24  

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

26  

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

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

29  section, to read:

30         494.0011  Powers and duties of the commission and

31  office.--

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 1         (2)  The commission may has authority to adopt rules

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

 3  494.001-494.0077. The commission may adopt rules that require

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

 5  fees required by this act if such rules reasonably accommodate

 6  technological or financial hardship. The commission may

 7  prescribe by rule requirements and procedures for obtaining an

 8  exemption due to a technological or financial hardship. The

 9  commission may also adopt rules to accept certification of

10  compliance with requirements of this act in lieu of requiring

11  submission of documents.

12         (6)  The granting or denial of a license must be in

13  accordance with s. 120.60.

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

15  Statutes, is amended to read:

16         494.0016  Books, accounts, and records; maintenance;

17  examinations by the office.--

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

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

20  documents of licensees so that such records will enable the

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

22  494.001-494.0077. In addition, the commission may prescribe by

23  rule the requirements for destruction of books, accounts,

24  records, and documents retained by the licensee after

25  completion of the time period indicated in subsection (3).

26  Notwithstanding the 3-year retention period provided in

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

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

29  this state which statute of limitations is reasonably related

30  by subject matter to the administration of this chapter, the

31  commission may identify that statute of limitations by rule

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 1  and may prohibit the destruction of records required to be

 2  maintained by this chapter for a period of time, established

 3  by rule, which is reasonably related to such statute of

 4  limitations. The commission shall prescribe by rule those

 5  documents or records that are to be preserved under the

 6  identified statute of limitations.

 7         Section 3.  Subsections (1) and (2) of section

 8  494.0029, Florida Statutes, are amended to read:

 9         494.0029  Mortgage business schools.--

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

11  accredited colleges, universities, community colleges, and

12  career centers in this state, which offers or conducts

13  mortgage business training as a condition precedent to

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

15  correspondent mortgage lender shall obtain a permit from the

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

17  school, or institution by this chapter and rules adopted

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

19  recertify the permits annually with initial and renewal permit

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

21         (b)  An application is considered received for purposes

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

23  prescribed by commission rule, a nonrefundable application fee

24  of $500, and any other fee prescribed by law.

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

26  transferable or assignable.

27         (2)  All such schools shall maintain curriculum and

28  training materials necessary to determine the school's

29  compliance with this chapter and rules adopted under pursuant

30  to this chapter.  Any school that offers or conducts mortgage

31  business training shall at all times maintain an operation of

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 1  training, materials, and curriculum which is open to review by

 2  the office to determine compliance and competency as a

 3  mortgage business school. All such documents as prescribed by

 4  commission rule must be submitted with the initial application

 5  or recertification.

 6         Section 4.  Section 494.00295, Florida Statutes, is

 7  amended to read:

 8         494.00295  Professional continuing education.--

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

10  correspondent mortgage lender must certify to the office at

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

12  application for license renewal, all mortgage brokers, and the

13  principal representative, and loan originators, and associates

14  of a mortgage lender or correspondent mortgage lender have

15  successfully completed at least 14 hours of professional

16  continuing education programs covering primary and subordinate

17  mortgage financing transactions and the provisions of this

18  chapter. Licensees shall maintain records documenting

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

20         (2)  Professional continuing education programs must

21  contribute directly to the professional competency of the

22  participants, may only be offered by permitted mortgage

23  business schools or entities specifically exempted from

24  permitting as mortgage business schools, and may include

25  electronically transmitted or distance education courses.

26         (3)  The commission shall adopt rules necessary to

27  administer this section, including rules governing qualifying

28  hours for professional continuing education programs and

29  standards for electronically transmitted or distance education

30  courses, including course completion requirements.

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, bank holding company regulated under the

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

11  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 under this section unless otherwise

 3  exempt from licensure.

 4         (2)(1)  The commission or office may require each

 5  applicant for a mortgage brokerage business license to provide

 6  any information reasonably necessary to determine the

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

 8  a mortgage brokerage business license to each person 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  An application is considered received for purposes of s.

15  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         (3)(2)  The commission may require by rule that each

19  officer, director, and ultimate equitable owner of a

20  10-percent or greater interest in the mortgage brokerage

21  business submit a complete set of fingerprints. A fingerprint

22  card submitted to the office must be taken by an authorized

23  law enforcement agency if the fingerprint card is submitted to

24  the office in paper form officer. In addition to the fees

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

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

27  fingerprints. The commission may prescribe by rule procedures

28  for submitting fingerprints and fees by electronic means to

29  the office. In order to implement the submission and

30  processing of fingerprints as specified by rule under this

31  section, the office may contract with another state agency

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 1  that provides fingerprinting services. The office shall submit

 2  the fingerprints to the Department of Law Enforcement for

 3  state processing, and the Department of Law Enforcement shall

 4  forward them to the Federal Bureau of Investigation for

 5  national processing. The cost of the fingerprint processing

 6  may be borne by the office, the employer, or the person who is

 7  subject to the background check. The Department of Law

 8  Enforcement shall bill the office for the fingerprints

 9  submitted each month. The office shall screen the results of

10  the background check to determine whether the applicant meets

11  licensure requirements.

12         (4)(3)  Notwithstanding the provisions of subsection

13  (2) (1), it is a ground for denial of licensure if the

14  applicant; designated principal mortgage broker; any officer,

15  director, partner, or joint venturer of the applicant; any

16  natural person owning a 10-percent or greater interest in the

17  mortgage brokerage business; or any natural person who is the

18  ultimate equitable owner of a 10-percent or greater interest

19  in the mortgage brokerage business has committed any violation

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

21  or her in any jurisdiction any criminal prosecution or

22  administrative enforcement action that, in any jurisdiction,

23  which involves fraud, dishonest dealing, or another act of

24  moral turpitude.

25         (5)(4)  A mortgage brokerage business or branch office

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

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

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

29  license. A notice of cancellation is shall be effective upon

30  receipt. The notice of cancellation must shall provide the

31  applicant with notification of the right to request a hearing

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

 2  cancellation. A license must shall be reinstated if the

 3  applicant can demonstrate that the requirements for obtaining

 4  the license under pursuant to this chapter have been

 5  satisfied.

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

 7  transferable or assignable. If an initial mortgage brokerage

 8  business or branch office license has been issued but the

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

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

11  license deemed canceled pursuant to this subsection shall be

12  reinstated if the office receives a certified check for the

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

14  returned due to insufficient funds.

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

16  494.0033, Florida Statutes, are amended to read:

17         494.0033  Mortgage broker's license.--

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

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

20  a mortgage lender or correspondent mortgage lender must be

21  licensed under pursuant to this section. To act as a mortgage

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

23  brokerage business, mortgage lender, or correspondent mortgage

24  lender. A mortgage broker is prohibited from being an

25  associate of more than one mortgage brokerage business,

26  mortgage lender, or correspondent mortgage lender.

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

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

29  commission. The commission may require each applicant to

30  provide any information reasonably necessary to make a

31  determination of the applicant's eligibility for licensure.

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 1  The office shall issue an initial license to any natural

 2  person who:

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

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

 5  by the office, or has passed an electronic test adopted and

 6  administered by the office or a third party approved by the

 7  office, which is designed to determine competency in primary

 8  and subordinate mortgage financing transactions as well as to

 9  test knowledge of ss. 494.001-494.0077 and the rules adopted

10  pursuant thereto. The commission may prescribe by rule an

11  additional fee not to exceed $100 for the electronic version

12  of the mortgage broker test. The commission may waive by rule

13  the examination requirement for any individual who has passed

14  a comparable test offered by a national group of state

15  mortgage regulators or a federal governmental agency which

16  test covers primary and subordinate mortgage financing

17  transactions.;

18         (c)  Has submitted a completed application and a

19  nonrefundable application fee of $200. An application is

20  considered received for purposes of s. 120.60 upon receipt of

21  a completed application form as prescribed by the commission

22  by rule, a nonrefundable application fee of $200, and any

23  other fee prescribed by law. The commission may set by rule an

24  additional fee for a retake of the examination; and

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

26  an authorized law enforcement officer, for submission by the

27  office to the Department of Law Enforcement or the Federal

28  Bureau of Investigation for processing. A fingerprint card

29  submitted to the office must be taken by an authorized law

30  enforcement agency if the fingerprint card is submitted to the

31  office in paper form. In addition to the fees prescribed in s.

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 1  215.405, the commission may prescribe by rule additional fees,

 2  not to exceed $30, for processing the fingerprints. The

 3  commission may prescribe by rule procedures for submitting

 4  fingerprints and fees by electronic means to the office. In

 5  order to implement the submission and processing of

 6  fingerprints as specified by rule under this section, the

 7  office may contract with another state agency that provides

 8  fingerprinting services. The office shall submit the

 9  fingerprints to the Department of Law Enforcement for state

10  processing, and the Department of Law Enforcement shall

11  forward them to the Federal Bureau of Investigation for

12  national processing. The cost of the fingerprint processing

13  may be borne by the office, the employer, or the person who is

14  subject to the background check. The Department of Law

15  Enforcement shall bill the office for the fingerprints

16  submitted each month. The office shall screen the results of

17  the background check to determine whether the applicant meets

18  licensure requirements.

19         (7)  If an initial mortgage broker license has been

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

21  returned due to insufficient funds, the license shall be

22  deemed canceled. A license deemed canceled pursuant to this

23  subsection shall be reinstated if the office receives a

24  certified check for the appropriate amount within 30 days

25  after the date the check was returned due to insufficient

26  funds.

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

28  Statutes, is amended to read:

29         494.0034  Renewal of mortgage broker's license.--

30         (2)  The commission shall adopt rules establishing a

31  procedure for the biennial renewal of mortgage broker's

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

 2  application and may require an update of information since the

 3  licensee's last renewal.

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

 5  Statutes, is amended to read:

 6         494.0036  Mortgage brokerage business branch offices.--

 7         (2)  The office shall issue a mortgage brokerage

 8  business branch office license to a mortgage brokerage

 9  business licensee after the office determines that the

10  licensee has submitted upon receipt of a completed branch

11  office application in a form as prescribed by commission rule

12  and payment of an initial nonrefundable branch office license

13  fee of $225. Branch office licenses must be renewed in

14  conjunction with the renewal of the mortgage brokerage

15  business license. The branch office license shall be issued in

16  the name of the mortgage brokerage business that maintains the

17  branch office. An application is considered received for

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

19  form as prescribed by the commission by rule, a nonrefundable

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

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

22  of section 494.0041, Florida Statutes, to read:

23         494.0041  Administrative penalties and fines; license

24  violations.--

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

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

27  may be taken:

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

29  a check or electronic transmission of funds which is

30  dishonored by the applicant's or licensee's financial

31  institutions.

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

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

 3  Florida Statutes, are amended to read:

 4         494.006  Exemptions.--

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

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

 7  mortgage lender or correspondent mortgage lender:

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

 9  company, trust company, a savings and loan association, a

10  savings bank or credit union, a bank holding company regulated

11  under the laws of any state or the United States, or an

12  insurance company if the insurance company is duly licensed in

13  this state.

14         (c)  A wholly owned bank holding company subsidiary

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

16  States or a wholly owned savings and loan association holding

17  company subsidiary that is approved or certified by the

18  Department of Housing and Urban Development, the Veterans

19  Administration, the Government National Mortgage Association,

20  the Federal National Mortgage Association, or the Federal Home

21  Loan Mortgage Corporation.

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

23  or correspondent mortgage lender licensed under ss.

24  494.001-494.0077 is exempt from the licensure requirements of

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

26  employment with the licensee.

27         Section 12.  Section 494.0061, Florida Statutes, is

28  amended to read:

29         494.0061  Mortgage lender's license requirements.--

30  

31  

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

 2  licensed under this section unless otherwise exempt from

 3  licensure.

 4         (2)(1)  The commission or office may require each

 5  applicant for a mortgage lender license to provide any

 6  information reasonably necessary to make a determination of

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

 8  issue an initial mortgage lender license to any person that

 9  submits:

10         (a)  A completed application form.;

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

12         (c)  Audited financial statements, which documents

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

14  worth, pursuant to United States generally accepted accounting

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

16  maintained as a condition of licensure.;

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

18  the state and conditioned upon compliance with ss.

19  494.001-494.0077, which inures to the office and which must be

20  continuously maintained thereafter in full force.;

21         (e)  Documentation that the applicant is duly

22  incorporated, registered, or otherwise formed as a general

23  partnership, limited partnership, limited liability company,

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

25  state of the United States.; and

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

27  Proof that the applicant's principal representative has

28  completed 24 hours of classroom instruction in primary and

29  subordinate financing transactions and in the provisions of

30  this chapter and rules adopted under this chapter. This

31  requirement shall be satisfied if the principal representative

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 1  has continuously served in the capacity of a principal

 2  representative for a licensed entity under this chapter for at

 3  least 1 year and has not had a lapse in designation as a

 4  principal representative of more than 2 years prior to the

 5  date of the submission of the application or amendment in the

 6  case of a change in the principal representative, or this

 7  requirement shall be satisfied if the principal representative

 8  currently has an active mortgage broker license in this state.

 9  

10  An application is considered received for purposes of s.

11  120.60 upon receipt of a completed application form as

12  prescribed by the commission by rule, a nonrefundable

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

14         (3)(2)  Notwithstanding the provisions of subsection

15  (2) (1), it is a ground for denial of licensure if the

16  applicant, any principal officer, or director, partner, or

17  joint venturer of the applicant, or any natural person owning

18  a 10-percent or greater interest in the applicant, or any

19  natural person who is the ultimate equitable owner of a

20  10-percent or greater interest in the applicant has committed

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

22  her or him any criminal prosecution or administrative

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

24  dishonest dealing, or any act of moral turpitude.

25         (4)(3)  Each initial application for a mortgage

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

27  commission. The commission or office may require each

28  applicant to provide any information reasonably necessary to

29  make a determination of the applicant's eligibility for

30  licensure. The commission or office may require that each

31  officer, director, and ultimate equitable owner of a

                                  22

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 1  10-percent or greater interest in the applicant submit a

 2  complete set of fingerprints. A fingerprint card submitted to

 3  the office must be taken by an authorized law enforcement

 4  agency if the fingerprint card is submitted to the office in

 5  paper form officer. In addition to the fees prescribed in s.

 6  215.405, the commission may prescribe by rule an additional

 7  fee, not to exceed $30, for processing the fingerprints. The

 8  commission may prescribe by rule procedures for submitting

 9  fingerprints and fees by electronic means to the office. In

10  order to implement the submission and processing of

11  fingerprints as specified by rule under this section, the

12  office may contract with another state agency that provides

13  fingerprinting services. The office shall submit the

14  fingerprints to the Department of Law Enforcement for state

15  processing, and the Department of Law Enforcement shall

16  forward them to the Federal Bureau of Investigation for

17  national processing. The cost of the fingerprint processing

18  may be borne by the office, the employer, or the person who is

19  subject to the background check. The Department of Law

20  Enforcement shall bill the office for the fingerprints

21  submitted each month. The office shall screen the results of

22  the background check to determine whether the applicant meets

23  licensure requirements.

24         (5)(4)  A person required to be licensed under ss.

25  494.006-494.0077, or an agent or employee thereof, is deemed

26  to have consented to the venue of courts of competent

27  jurisdiction in this state regarding any matter within the

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

29  or violation was committed.

30         (6)(5)  A license issued in accordance with ss.

31  494.006-494.0077 is not transferable or assignable.

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 1         (7)(6)  A mortgage lender or branch office license may

 2  be canceled if it was issued through mistake or inadvertence

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

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

 5  notice of cancellation shall be effective upon receipt. The

 6  notice of cancellation shall provide the applicant with

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

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

 9  license shall be reinstated if the applicant can demonstrate

10  that the requirements for obtaining the license under pursuant

11  to this chapter have been satisfied.

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

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

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

15  shall be deemed canceled. A license deemed canceled pursuant

16  to this subsection shall be reinstated if the office receives

17  a certified check for the appropriate amount within 30 days

18  after the date the check was returned due to insufficient

19  funds.

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

21  it operates, shall designate a principal representative who

22  exercises control of the licensee's business and shall

23  maintain a form prescribed by the commission designating the

24  principal representative. If the form is not accurately

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

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

27  greater interest in the business.

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

29  representative must pass a written test prescribed by the

30  commission and administered by the office, or must pass an

31  electronic test prescribed by the commission and administered

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 1  by the office or a third party approved by the office, which

 2  covers primary and subordinate mortgage financing transactions

 3  and the provisions of this chapter and rules adopted under

 4  this chapter. The commission may set by rule a fee not to

 5  exceed $100 for the electronic version of the mortgage broker

 6  test. The commission may waive by rule the examination

 7  requirement for any individual who has passed a comparable

 8  test offered by a national group of state mortgage regulators

 9  or a federal governmental agency which test covers primary and

10  subordinate mortgage financing transactions. This requirement

11  shall be satisfied if the principal representative has

12  continuously served in the capacity of a principal

13  representative for a licensed entity under this chapter for at

14  least 1 year and has not had a lapse in designation as a

15  principal representative of more than 2 years prior to the

16  date of the submission of the application or amendment in the

17  case of a change in the principal representative, or this

18  requirement shall be satisfied if the principal representative

19  currently has an active mortgage broker license in this state.

20         (10)  A lender shall notify the office of any change in

21  the designation of its principal representative within 30

22  days. A new principal representative shall satisfy the name

23  and address of any new principal representative and shall

24  document that the person has completed the educational and

25  testing requirements of this section within 90 days after

26  being designated as upon the designation of a new principal

27  representative. This requirement shall be satisfied if the

28  principal representative has continuously served in the

29  capacity of a principal representative for a licensed entity

30  under this chapter for at least 1 year and has not had a lapse

31  in designation as a principal representative of more than 2

                                  25

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 1  years prior to the date of the submission of the application

 2  or amendment in the case of a change in the principal

 3  representative, or this requirement shall be satisfied if the

 4  principal representative currently has an active mortgage

 5  broker license in this state.

 6         Section 13.  Section 494.0062, Florida Statutes, is

 7  amended to read:

 8         494.0062  Correspondent mortgage lender's license

 9  requirements.--

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

11  lender must be licensed under this section unless otherwise

12  exempt from licensure.

13         (2)(1)  The office may require each applicant to

14  provide any information reasonably necessary to determine the

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

16  an initial correspondent mortgage lender license to any person

17  who submits:

18         (a)  A completed application form;

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

20         (c)  Audited financial statements that, which document

21  that the applicant application has a bona fide and verifiable

22  net worth, pursuant to United States generally accepted

23  accounting principles, of $25,000 or more, which must be

24  continuously maintained as a condition of licensure;

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

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

27  494.001-494.0077, which inures to the office and which must be

28  continuously maintained, thereafter, in full force;

29         (e)  Documentation that the applicant is duly

30  incorporated, registered, or otherwise formed as a general

31  partnership, limited partnership, limited liability company,

                                  26

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

 2  state of the United States; and

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

 4  Proof that the applicant's principal representative has

 5  completed 24 hours of classroom instruction in primary and

 6  subordinate financing transactions and in the provisions of

 7  this chapter and rules enacted under this chapter. This

 8  requirement shall be satisfied if the principal representative

 9  has continuously served in the capacity of a principal

10  representative for a licensed entity under this chapter for at

11  least 1 year and has not had a lapse in designation as a

12  principal representative of more than 2 years prior to the

13  date of the submission of the application or amendment in the

14  case of a change in the principal representative, or this

15  requirement shall be satisfied if the principal representative

16  currently has an active mortgage broker license in this state.

17  

18  An application is considered received for purposes of s.

19  120.60 upon receipt of a completed application form as

20  prescribed by the commission by rule, a nonrefundable

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

22         (3)(2)  Notwithstanding the provisions of subsection

23  (2) (1), it is a ground for denial of licensure if the

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

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

26  10-percent or greater interest in the applicant has committed

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

28  her or him any criminal prosecution or administrative

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

30  dishonest dealing, or any act of moral turpitude.

31  

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 1         (4)(3)  Each initial application for a correspondent

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

 3  commission. The commission or office may require each

 4  applicant to provide any information reasonably necessary to

 5  make a determination of the applicant's eligibility for

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

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

 8  10-percent or greater interest submit a complete set of

 9  fingerprints. A fingerprint card submitted to the office must

10  be taken by an authorized law enforcement agency if the

11  fingerprint card is submitted to the office in paper form

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

13  commission may prescribe by rule an additional fee, not to

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

15  may prescribe by rule procedures for submitting fingerprints

16  and fees by electronic means to the office. In order to

17  implement the submission and processing of fingerprints as

18  specified by rule under this section, the office may contract

19  with another state agency that provides fingerprinting

20  services. The office shall submit the fingerprints to the

21  Department of Law Enforcement for state processing, and the

22  Department of Law Enforcement shall forward them to the

23  Federal Bureau of Investigation for national processing. The

24  cost of the fingerprint processing may be borne by the office,

25  the employer, or the person who is subject to the background

26  check. The Department of Law Enforcement shall bill the office

27  for the fingerprints submitted each month. The office shall

28  screen the results of the background check to determine

29  whether the applicant meets licensure requirements.

30         (5)(4)  Each license is valid for the remainder of the

31  biennium in which the license is issued.

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 1         (6)(5)  A person licensed as a correspondent mortgage

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

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

 4  was made or acquired by the correspondent mortgage lender.

 5         (7)(6)  A licensee under ss. 494.006-494.0077, or an

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

 7  venue of courts of competent jurisdiction in this state

 8  regarding any matter within the authority of ss.

 9  494.001-494.0077 regardless of where an act or violation was

10  committed.

11         (8)(7)  A correspondent mortgage lender is subject to

12  the same requirements and restrictions as a licensed mortgage

13  lender unless otherwise provided in this section.

14         (9)(8)  A license issued under this section is not

15  transferable or assignable.

16         (10)(9)  A correspondent mortgage lender or branch

17  office license may be canceled if it was issued through

18  mistake or inadvertence of the office. A notice of

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

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

21  effective upon receipt. The notice of cancellation shall

22  provide the applicant with notification of the right to

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

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

25  if the applicant can demonstrate that the requirements for

26  obtaining the license pursuant to this chapter have been

27  satisfied.

28         (10)  If an initial correspondent mortgage lender or

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

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

31  the license shall be deemed canceled. A license deemed

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 1  canceled pursuant to this subsection shall be reinstated if

 2  the office receives a certified check for the appropriate

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

 4  due to insufficient funds.

 5         (11)  Each correspondent lender shall designate a

 6  principal representative who exercises control over the

 7  business and shall maintain a form prescribed by the

 8  commission designating the principal representative. If the

 9  form is not accurately maintained, the business is considered

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

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

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

13  representative must pass a written test prescribed by the

14  commission and administered by the office or a third party

15  approved by the office which test covers primary and

16  subordinate mortgage financing transactions and the provisions

17  of this chapter and rules adopted under this chapter. The

18  commission may waive by rule the examination requirement for

19  any individual who has passed a comparable test offered by a

20  national group of state mortgage regulators or a federal

21  governmental agency which test covers primary and subordinate

22  mortgage financing transactions. The commission may set by

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

24  requirement shall be satisfied if the principal representative

25  has continuously served in the capacity of a principal

26  representative for a licensed entity under this chapter for at

27  least 1 year and has not had a lapse in designation as a

28  principal representative of more than 2 years prior to the

29  date of the submission of the application or amendment in the

30  case of a change in the principal representative, or this

31  

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 1  requirement shall be satisfied if the principal representative

 2  currently has an active mortgage broker license in this state.

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

 4  any change in the designation of its principal representative

 5  within 30 days. A new principal representative shall satisfy

 6  the name and address of any new principal representative and

 7  shall document that such person has completed the educational

 8  and testing requirements of this section within 90 days after

 9  being designated as upon the lender's designation of a new

10  principal representative. This requirement shall be satisfied

11  if the principal representative has continuously served in the

12  capacity of a principal representative for a licensed entity

13  under this chapter for at least 1 year and has not had a lapse

14  in designation as a principal representative of more than 2

15  years prior to the date of the submission of the application

16  or amendment in the case of a change in the principal

17  representative, or this requirement shall be satisfied if the

18  principal representative currently has an active mortgage

19  broker license in this state.

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

21  494.0064, Florida Statutes, is amended to read:

22         494.0064  Renewal of mortgage lender's license; branch

23  office license renewal.--

24         (1)

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

26  renewal form, certification that during the preceding 2 years

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

28  and associates have completed the professional continuing

29  education requirements of s. 494.00295.

30         Section 15.  Section 494.0065, Florida Statutes, is

31  amended to read:

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 1         494.0065  Saving clause.--

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

 3  registration pursuant to former s. 494.039 or license pursuant

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

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

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

 7  for licensure if the applicant:

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

 9  1, 1989, through September 30, 1991, has engaged in the

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

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

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

13  audited financial statements; and

14         3.  Has applied for licensure pursuant to this section

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

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

17  wholly owned subsidiary or affiliate for the purpose of

18  servicing accounts if the subsidiary or affiliate is

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

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

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

22  494.006-494.0077.

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

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

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

26  generally accepted accounting principles, which must be

27  continuously maintained as a condition to licensure. The

28  office shall require an audited financial statement which

29  documents such net worth.

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

31  procedures for application for licensure, and amendment and

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 1  withdrawal of application for licensure, or transfer,

 2  including any existing branch offices, in accordance with

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

 4  licensees under this section. An application is considered

 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 $575, and any other fee

 8  prescribed by law.

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

10  494.0067(3), the ultimate equitable owner, as of the effective

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

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

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

14  securities of such mortgage lender, except as provided in

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

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

17  multiple transactions or in a single transaction.

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

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

20  50 percent of the ownership, control, or power to vote any

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

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

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

24  child of such transferee, in perpetuity.

25         (c)  For any transfer application filed on or after

26  October 1, 2005:

27         1.  An applicant must provide proof that the

28  applicant's principal representative has completed 24 hours of

29  instruction in primary and subordinate financing transactions

30  and in the provisions of this chapter and rules adopted under

31  this chapter. This requirement shall be satisfied if the

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 1  principal representative has continuously served in the

 2  capacity of a principal representative for a licensed entity

 3  under this chapter for at least 1 year and has not had a lapse

 4  in designation as a principal representative of more than 2

 5  years prior to the date of the submission of the application

 6  or amendment in the case of a change in the principal

 7  representative, or this requirement shall be satisfied if the

 8  principal representative currently has an active mortgage

 9  broker license in this state.

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

11  written test prescribed by the commission and administered by

12  the office, or must pass an electronic test prescribed by the

13  commission and administered by the office or a third party

14  approved by the office which test covers primary and

15  subordinate mortgage financing transactions and the provisions

16  of this chapter and rules adopted under this chapter. The

17  commission may set by rule a fee not to exceed $100 for the

18  electronic version of the mortgage broker test. The commission

19  may waive by rule the examination requirement for any

20  individual who has passed a comparable test offered by a

21  national group of state mortgage regulators or a federal

22  governmental agency which test covers primary and subordinate

23  mortgage financing transactions. This requirement shall be

24  satisfied if the principal representative has continuously

25  served in the capacity of a principal representative for a

26  licensed entity under this chapter for at least 1 year and has

27  not had a lapse in designation as a principal representative

28  of more than 2 years prior to the date of the submission of

29  the application or amendment in the case of a change in the

30  principal representative, or this requirement shall be

31  

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 1  satisfied if the principal representative currently has an

 2  active mortgage broker license in this state.

 3         (5)  The commission or office may require each

 4  applicant for any transfer to provide any information

 5  reasonably necessary to make a determination of the

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

 7  the transfer of licensure to any person who submits the

 8  following documentation at least 90 days prior to the

 9  anticipated transfer:

10         (a)  A completed application form.

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

12  in the amount of $575 $500.

13         (c)  Audited financial statements that substantiate

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

15  according to United States generally accepted accounting

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

17  maintained as a condition of licensure.

18         (d)  Documentation that the applicant is incorporated,

19  registered, or otherwise formed as a general partnership,

20  limited partnership, limited liability company, or other

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

22  the United States.

23  

24  An application is considered received for purposes of s.

25  120.60 upon receipt of a completed application form as

26  prescribed by the commission by rule, a nonrefundable

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

28  The commission or office may require by rule that each

29  officer, director, and ultimate equitable owner of a

30  10-percent or greater interest in the applicant submit a

31  complete set of fingerprints. A fingerprint card submitted to

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 1  the office must be taken by an authorized law enforcement

 2  agency if the fingerprint card is submitted to the office in

 3  paper form officer. In addition to the fees prescribed in s.

 4  215.405, the commission may prescribe by rule an additional

 5  fee, not to exceed $30, for processing the fingerprints. The

 6  commission may prescribe by rule procedures for submitting

 7  fingerprints and fees by electronic means to the office. In

 8  order to implement the submission and processing of

 9  fingerprints as specified by rule under this section, the

10  office may contract with another state agency that provides

11  fingerprinting services. The office shall submit the

12  fingerprints to the Department of Law Enforcement for state

13  processing, and the Department of Law Enforcement shall

14  forward them to the Federal Bureau of Investigation for

15  national processing. The cost of the fingerprint processing

16  may be borne by the office, the employer, or the person who is

17  subject to the background check. The Department of Law

18  Enforcement shall bill the office for the fingerprints

19  submitted each month. The office shall screen the results of

20  the background check to determine whether the applicant meets

21  licensure requirements.

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

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

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

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

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

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

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

29  prosecution or administrative enforcement action, in any

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

31  act of moral turpitude.

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

 2  is not transferable or assignable except as provided in

 3  subsection (4).

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

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

 6  requirements of s. 494.0066.

 7         (9)  Each mortgage lender shall designate a principal

 8  representative who exercises control over the business and

 9  shall keep current the designation on a form prescribed by the

10  commission by rule designating the principal representative.

11  If the information on the form is not current, the business is

12  considered to be operated by each officer, director, or

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

14  business.

15         (10)  A lender shall notify the office of any change in

16  the designation of its principal representative within 30

17  days. A new principal agent shall satisfy the educational and

18  testing requirements of this section within 90 days after

19  being designated as new principal representative. This

20  requirement shall be satisfied if the principal representative

21  has continuously served in the capacity of a principal

22  representative for a licensed entity under this chapter for at

23  least 1 year and has not had a lapse in designation as a

24  principal representative of more than 2 years prior to the

25  date of the submission of the application or amendment in the

26  case of a change in the principal representative, or this

27  requirement shall be satisfied if the principal representative

28  currently has an active mortgage broker license in this state.

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

30  Florida Statutes, is amended to read:

31         494.0066  Branch offices.--

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

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

 3  licensee after the office determines that the licensee has

 4  submitted upon receipt of a completed branch office

 5  application form as prescribed by rule by the commission and

 6  an initial nonrefundable branch office license fee of $325.

 7  The branch office application must include the name and

 8  license number of the licensee under ss. 494.006-494.0077, the

 9  name of the licensee's employee in charge of the branch

10  office, and the address of the branch office. The branch

11  office license shall be issued in the name of the licensee

12  under ss. 494.006-494.0077 and must be renewed in conjunction

13  with the license renewal.

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

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

16         494.0067  Requirements of licensees under ss.

17  494.006-494.0077.--

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

19  representative and all loan originators or associates who

20  perform services for the licensee to complete 14 hours of

21  professional continuing education during each biennial license

22  period. The education shall cover primary and subordinate

23  mortgage financing transactions and the provisions of this

24  chapter and the rules adopted under this chapter.

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

26  of section 494.0072, Florida Statutes, to read:

27         494.0072  Administrative penalties and fines; license

28  violations.--

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

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

31  may be taken:

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

 2  a check or electronic transmission of funds which is

 3  dishonored by the applicant's or licensee's financial

 4  institution.

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

 6  Florida Statutes, is amended to read:

 7         494.00721  Net worth.--

 8         (2)  If a mortgage lender or correspondent mortgage

 9  lender fails to satisfy the net worth requirements, the

10  mortgage lender or correspondent mortgage lender shall

11  immediately cease taking any new mortgage loan applications.

12  Thereafter, the mortgage lender or correspondent mortgage

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

14  net worth requirements. If the licensee makes the office

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

16  meets the net worth requirements, the mortgage lender or

17  correspondent mortgage lender shall have 120 days within which

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

19  correspondent mortgage lender shall not resume acting as a

20  mortgage lender or correspondent mortgage lender without

21  written authorization from the office, which authorization

22  shall be granted if the mortgage lender or correspondent

23  mortgage lender provides the office with documentation which

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

25  494.0062(2)(1)(c), or s. 494.0065(2), whichever is applicable.

26         Section 20.  Subsection (3) of section 501.137, Florida

27  Statutes, is amended to read:

28         501.137  Mortgage lenders; tax and insurance payments

29  from escrow accounts; duties.--

30         (3)(a)  If the lender, as a result of neglect, fails to

31  pay any tax or insurance premium when the tax or premium is

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 1  due and there are sufficient escrow funds on deposit to pay

 2  the tax or premium, and if the property owner suffers a loss

 3  as a result of this failure, then the lender is liable for the

 4  loss; except, however, that with respect to any loss which

 5  would otherwise have been insured, the extent of the liability

 6  shall not exceed the coverage limits of any insurance policy

 7  which has lapsed.

 8         (b)  If the lender violates paragraph (a) and the

 9  premium payment is not more than 90 days overdue, the insurer

10  shall reinstate the insurance policy, retroactive to the date

11  of cancellation, and the lender shall reimburse the property

12  owner for any penalty or fees imposed by the insurer and paid

13  by the property owner for purposes of reinstating the policy.

14         (c)  If the lender violates paragraph (a) and the

15  premium payment is more than 90 days overdue or if the insurer

16  refuses to reinstate the insurance policy, the lender shall

17  pay the difference between the cost of the previous insurance

18  policy and a new, comparable insurance policy for a period of

19  2 years. If the lender refuses, the lender shall be liable for

20  the reasonable attorney's fees and costs of the property owner

21  against a lender for a violation of this section.

22         Section 21.  Section 516.03, Florida Statutes, is

23  amended to read:

24         516.03  Application for license; fees; etc.--

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

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

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

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

29  is a copartnership or association, of every member thereof

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

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

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 1  approximate location where the business is to be conducted,

 2  and such further relevant information as the commission or

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

 4  applicant shall pay to the office a nonrefundable biennial

 5  license fee of $625. Applications, except for applications to

 6  renew or reactivate a license, must also be accompanied by a

 7  nonrefundable an investigation fee of $200. An application is

 8  considered received for purposes of s. 120.60 upon receipt of

 9  a completed application form as prescribed by the commission

10  by rule, a nonrefundable application fee of $625, and any

11  other fee prescribed by law. The commission may adopt rules to

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

13  fee required by this act if such rules reasonably accommodate

14  technological or financial hardship. The commission may

15  prescribe by rule requirements and procedures for obtaining an

16  exemption due to a technological or financial hardship.

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

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

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

20  office shall have full power to employ such examiners or

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

22  necessary and fix their compensation. The commission may adopt

23  rules to require allow electronic submission of any fee

24  required by this section if such rules reasonably accommodate

25  technological or financial hardship. The commission may

26  prescribe by rule requirements and procedures for obtaining an

27  exemption due to a technological or financial hardship.

28         Section 22.  Subsection (1) of section 516.05, Florida

29  Statutes, is amended to read:

30         516.05  License.--

31  

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 1         (1)  Upon the filing of an application for a license

 2  and payment of all applicable fees, the office shall, unless

 3  the application is to renew or reactivate an existing license,

 4  make an investigation of the facts concerning the applicant's

 5  proposed activities. If the office determines that a license

 6  should be granted, it shall issue the license for a period not

 7  to exceed 2 years. Biennial licensure periods and procedures

 8  for renewal of licenses shall be established by the rule of

 9  the commission. If the office determines that grounds exist

10  under this chapter for denial of an application other than an

11  application to renew a license, it shall deny such

12  application, return to the applicant the sum paid as a license

13  fee, and retain the investigation fee.

14         Section 23.  Paragraph (p) is added to subsection (1)

15  of section 516.07, Florida Statutes, to read:

16         516.07  Grounds for denial of license or for

17  disciplinary action.--

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

19  and constitute grounds for denial of an application for a

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

21  the disciplinary actions specified in subsection (2):

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

23  a check or electronic transmission of funds which is

24  dishonored by the applicant's or licensee's financial

25  institution.

26         Section 24.  Subsection (3) is added to section 516.12,

27  Florida Statutes, to read:

28         516.12  Records to be kept by licensee.--

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

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

31  documents of licensees for purposes of enabling the office to

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

 2  In addition, the commission may prescribe by rule the

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

 4  documents retained by the licensee after completion of the

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

 6  2-year retention period specified in subsection (1), if the

 7  office identifies a statute of limitations in another civil or

 8  criminal state or federal law or rule which statute of

 9  limitations is reasonably related by subject matter to the

10  administration of this chapter, the commission may identify

11  that statute of limitations by rule and may prohibit the

12  destruction of records required to be maintained by this

13  chapter for a period of time, established by rule, which is

14  reasonably related to such statute of limitations. The

15  commission shall prescribe by rule those documents or records

16  that are to be preserved under the identified statute of

17  limitations.

18         Section 25.  Subsection (9) of section 517.051, Florida

19  Statutes, is amended to read:

20         517.051  Exempt securities.--The exemptions provided

21  herein from the registration requirements of s. 517.07 are

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

23  prior to claiming such exemption. Any person who claims

24  entitlement to any of these exemptions bears the burden of

25  proving such entitlement in any proceeding brought under this

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

27  to any of the following securities:

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

29  operated exclusively for religious, educational, benevolent,

30  fraternal, charitable, or reformatory purposes and not for

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

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 1  corporation inures to the benefit of any private stockholder

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

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

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

 5  shall directly or indirectly offer or sell securities under

 6  this subsection except by an offering circular containing full

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

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

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

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

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

12  intended application by the issuer of the proceeds thereof,

13  and financial statements of the issuer prepared in conformance

14  with United States generally accepted accounting principles.

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

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

17  chapter.

18         Section 26.  Subsection (18) of section 517.061,

19  Florida Statutes, is amended to read:

20         517.061  Exempt transactions.--The exemption for each

21  transaction listed below is self-executing and does not

22  require any filing with the office prior to claiming such

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

24  exemptions bears the burden of proving such entitlement in any

25  proceeding brought under this chapter.  The registration

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

27  transactions; however, such transactions are subject to the

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

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

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

31  517.12(17).

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 1         Section 27.  Paragraph (g) of subsection (3) of section

 2  517.081, Florida Statutes, is amended to read:

 3         517.081  Registration procedure.--

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

 5  the office the following information concerning the issuer and

 6  such other relevant information as the office may in its

 7  judgment deem necessary to enable it to ascertain whether such

 8  securities shall be registered pursuant to the provisions of

 9  this section:

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

11  any circular, prospectus, advertisement, or other description

12  of such securities.

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

14  offering circular to be used solely by corporations to

15  register, under this section, securities of the corporation

16  that are sold in offerings in which the aggregate offering

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

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

19  following issuers shall not be eligible to submit a simplified

20  offering circular adopted pursuant to this subparagraph:

21         a.  An issuer seeking to register securities for resale

22  by persons other than the issuer.

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

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

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

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

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

28  517.111. For purposes of this subparagraph, an issuer includes

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

30  10 percent of the shares of the issuer, promoter, or selling

31  

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

 2  director, or partner of such selling agent.

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

 4  either has no specific business plan or purpose or has

 5  indicated that its business plan is to merge with an

 6  unidentified company or companies.

 7         d.  An issuer of offerings in which the specific

 8  business or properties cannot be described.

 9         e.  Any issuer the office determines is ineligible if

10  the form would not provide full and fair disclosure of

11  material information for the type of offering to be registered

12  by the issuer.

13         f.  Any corporation which has failed to provide the

14  office the reports required for a previous offering registered

15  pursuant to this subparagraph.

16  

17  As a condition precedent to qualifying for use of the

18  simplified offering circular, a corporation shall agree to

19  provide the office with an annual financial report containing

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

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

22  with United States generally accepted accounting principles

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

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

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

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

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

28  first 5 years following the effective date of the

29  registration.

30         Section 28.  Subsections (7), (10), (11), (15), and

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

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 1         517.12  Registration of dealers, associated persons,

 2  investment advisers, and branch offices.--

 3         (7)  The application shall also contain such

 4  information as the commission or office may require about the

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

 6  or any person having a similar status or performing similar

 7  functions; any person directly or indirectly controlling the

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

 9  adviser rendering investment advisory services.  Each

10  applicant shall file a complete set of fingerprints. A

11  fingerprint card submitted to the office must be taken by an

12  authorized law enforcement agency if the fingerprint card is

13  submitted to the office in paper form officer. In addition to

14  the fees prescribed in s. 215.405, the commission may

15  prescribe by rule an additional fee, not to exceed $30, for

16  processing the fingerprints. The commission may prescribe by

17  rule procedures for submitting fingerprints and fees by

18  electronic means to the office. In order to implement the

19  submission and processing of fingerprints as specified by rule

20  under this section, the office may contract with another state

21  agency that provides fingerprint services. The office shall

22  submit the fingerprints to the Department of Law Enforcement

23  for state processing, and the Department of Law Enforcement

24  shall forward them to the Federal Bureau of Investigation for

25  national processing. The cost of the fingerprint processing

26  may be borne by the office, the employer, or the person who is

27  subject to the background check. The Department of Law

28  Enforcement shall bill the office for the fingerprints

29  submitted each month. The office shall screen the results of

30  the background check to determine whether the applicant meets

31  licensure requirements. Such fingerprints shall be submitted

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 1  to the Department of Law Enforcement or the Federal Bureau of

 2  Investigation for state and federal processing.  The

 3  commission may waive, by rule, the requirement that applicants

 4  must file a set of fingerprints or the requirement that such

 5  fingerprints must be processed by the Department of Law

 6  Enforcement or the Federal Bureau of Investigation.  The

 7  commission or office may require information about any such

 8  applicant or person concerning such matters as:

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

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

11  qualifications, and educational and business history.

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

13  or federal agency, national securities exchange, or national

14  securities association involving a security or any aspect of

15  the securities business and any injunction or administrative

16  order by a state or federal agency regulating banking,

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

18  mortgage brokers, or other related or similar industries,

19  which injunctions or administrative orders relate to such

20  person.

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

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

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

24  under s. 517.161.

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

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

27  and financial responsibility.

28         (10)  An applicant for registration shall pay an

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

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

31  assessment fee of an associated person shall be reduced to

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 1  $30, but only after the office determines, by final order,

 2  that sufficient funds have been allocated to the Securities

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

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

 5  amounts payable under any service contract entered into by the

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

 7  certificates of indebtedness, other obligations, or evidences

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

 9  indebtedness, or other obligations, have been paid or

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

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

12  or evidences of indebtedness.  An associated person may not

13  having current fingerprint cards filed with the National

14  Association of Securities Dealers or a national securities

15  exchange registered with the Securities and Exchange

16  Commission shall be assessed an additional fee to cover the

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

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

19  dealer and each investment adviser shall pay an assessment fee

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

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

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

23  until such time as the Securities Guaranty Fund satisfies the

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

25  registration is withdrawn or not granted.

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

27  repute and character and has complied with the provisions of

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

29  register the applicant.  The registration of each dealer,

30  investment adviser, and associated person expires will expire

31  on December 31 of the year it became effective unless the

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 1  registrant has renewed its registration on or before that

 2  date., and The registration of each branch office expires will

 3  expire on March 31 or, once the National Association of

 4  Securities Dealers develops the capacity to process branch

 5  office registration through the Central Registration

 6  Depository, December 31 of the year in which it became

 7  effective unless the registrant has renewed its registration

 8  on or before that date. The commission may establish by rule

 9  the initial year in which branch renewals shall be processed

10  through the Central Registration Depository of the National

11  Association of Securities Dealers. The commission may

12  establish by rule procedures for renewing branch registrations

13  through the Central Registration Depository. Registration may

14  be renewed by furnishing such information as the commission

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

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

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

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

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

20  dealer, investment adviser, or associated person registrant

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

22  registration expires may request reinstatement of such

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

24  31 of the year following the year of expiration, such

25  information as may be required by the commission, together

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

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

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

29  registration granted by the office during the month of January

30  shall be deemed effective retroactive to January 1 of that

31  year.

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

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

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

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

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

 6  Central Registration Depository or the Investment Advisor

 7  Registration Depository of the National Association of

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

 9  North American Securities Administrators Association, Inc.;

10  provided, however, that such procedures shall provide the

11  office with the information and data as required by this

12  section.

13         (17)(a)  A dealer that is located in Canada, does not

14  have an office or other physical presence in this state, and

15  has made a notice filing in accordance with this subsection is

16  exempt from the registration requirements of this section and

17  may effect transactions in securities with or for, or induce

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

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

20  and with whom the Canadian dealer had a bona fide

21  dealer-client relationship before the person entered the

22  United States; or

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

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

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

26  contributor.

27         (b)  A notice filing under this subsection must consist

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

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

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

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

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 1  electronic means, if such procedures provide the office with

 2  the information and data required by this section.

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

 4  this subsection if such dealer provides to the office:

 5         1.  A notice filing in the form that the commission by

 6  rule requires;

 7         2.  A consent to service of process;

 8         3.  Evidence that the Canadian dealer is registered as

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

10  located; and

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

12  self-regulatory organization or stock exchange in Canada.

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

14  effectiveness of a notice filing for a Canadian dealer.

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

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

17  filing becomes effective unless the Canadian dealer has

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

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

20  such information as the office requires together with a

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

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

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

24  time a current notice filing expires may request reinstatement

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

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

27  expires, such information as the commission requires, by rule,

28  together with the payment of $200 and a late fee of $200. Any

29  reinstatement of a notice filing granted by the office during

30  the month of January is effective retroactively to January 1

31  of that year.

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 1         (f)  An associated person who represents a Canadian

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

 3  exempt from the registration requirements of this section and

 4  may effect transactions in securities in this state as

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

 6  registered in the jurisdiction from which he or she is

 7  effecting transactions into this state.

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

 9  under this subsection shall:

10         1.  Maintain its provincial or territorial registration

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

12  exchange in good standing.

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

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

15         3.  Provide the office upon request notice of each

16  civil, criminal, or administrative action initiated against

17  the dealer.

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

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

20  regulatory requirements under this chapter.

21         5.  Correct any inaccurate information within 30 days

22  after the information contained in the notice of filing

23  becomes inaccurate for any reason.

24         (h)  An associated person representing a Canadian

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

26  shall:

27         1.  Maintain provincial or territorial registration in

28  good standing.

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

30  civil, criminal, or administrative action initiated against

31  such person.

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

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

 3  specified by the Canadian dealer, such notice is effective

 4  upon its receipt by the office.

 5         (j)  All fees collected under this subsection become

 6  the revenue of the state, except for those assessments

 7  provided for under s. 517.131(1), until the Securities

 8  Guaranty Fund has satisfied the statutory limits, and these

 9  fees are not returnable if a notice filing is withdrawn. A

10  dealer that is located in Canada and has no office or other

11  physical presence in this state may, provided the dealer is

12  registered in accordance with this section, effect

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

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

15         1.  A person from Canada who temporarily resides in

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

17  dealer-client relationship before the person entered the

18  United States; or

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

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

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

22  holder or contributor.

23         (b)  An associated person who represents a Canadian

24  dealer registered under this section may, provided the agent

25  is registered in accordance with this section, effect

26  transactions in securities in this state as permitted for a

27  dealer, under subsection (a).

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

29  provided that such dealer:

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

31  jurisdiction in which the dealer has a head office.

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 1         2.  Files a consent to service of process.

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

 3  jurisdiction from which it is effecting transactions into this

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

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

 6  stock exchange in Canada.

 7         (d)  An associated person who represents a Canadian

 8  dealer registered under this section in effecting transactions

 9  in securities in this state may register under this section

10  provided that such person:

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

12  jurisdiction in which the dealer has its head office.

13         2.  Is registered in good standing in the jurisdiction

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

15  and files evidence of such registration with the office.

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

17  repute and character and has complied with the provisions of

18  this chapter, the office shall register the applicant.

19         (f)  A Canadian dealer registered under this section

20  shall:

21         1.  Maintain its provincial or territorial registration

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

23  exchange in good standing.

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

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

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

27  or administrative action initiated against the dealer.

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

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

30  requirements under this chapter.

31  

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 1         5.  Correct any inaccurate information within 30 days,

 2  if the information contained in the application form becomes

 3  inaccurate for any reason before or after the dealer becomes

 4  registered.

 5         (g)  An associated person of a Canadian dealer

 6  registered under this section shall:

 7         1.  Maintain provincial or territorial registration in

 8  good standing.

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

10  criminal, or administrative action initiated against such

11  person.

12         3.  Through the dealer, correct any inaccurate

13  information within 30 days, if the information contained in

14  the application form becomes inaccurate for any reason before

15  or after the associated person becomes registered.

16         (h)  Renewal applications for Canadian dealers and

17  associated persons under this section must be filed before

18  December 31 each year.  Every applicant for registration or

19  renewal registration under this section shall pay the fee for

20  dealers and associated persons under this chapter.

21         Section 29.  Paragraphs (b) and (e) of subsection (3)

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

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

24         517.131  Securities Guaranty Fund.--

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

26  Securities Guaranty Fund if:

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

28  inquiries to ascertain whether the judgment debtor possesses

29  real or personal property or other assets subject to being

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

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

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

 2  necessary action and proceedings for the application thereof

 3  to the judgment, but the amount thereby realized was

 4  insufficient to satisfy the judgment.  To verify compliance

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

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

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

 8  the judgment debtor liable to be levied upon in complete

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

10  affidavit from the claimant setting forth the reasonable

11  searches and inquiries undertaken and the result.

12         (e)  The office waives compliance with the requirements

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

14  compliance if the dealer, investment adviser, or associated

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

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

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

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

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

20  examiner, or receiver, distribute funds from the Securities

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

22  waiver granted pursuant to this section shall be considered a

23  judgment for purposes of complying with the requirements of

24  this section and of s. 517.141.

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

26  for complying with subsections (2), (3), and (4), including

27  rules for the form of submission and guidelines for the

28  sufficiency and content of submissions of notices and claims.

29         Section 30.  Subsections (2) and (5) of section

30  517.141, Florida Statutes, are amended, and subsection (11) is

31  added to that section, to read:

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 1         517.141  Payment from the fund.--

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

 3  involved, payments for claims shall be limited in the

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

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

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

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

 8  the total claims filed.

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

10  claim is overturned in any appeal or in any collateral

11  proceeding, the claimant shall reimburse the fund all amounts

12  paid from the fund to the claimant on the claim. If the

13  claimant satisfies the judgment referred to in s.

14  517.131(3)(a), the claimant shall reimburse the fund all

15  amounts paid from the fund to the claimant on the claim. Such

16  reimbursement shall be paid to the office within 60 days after

17  the final resolution of the appellate or collateral

18  proceedings or the satisfaction of judgment, with the 60-day

19  period commencing on the date the final order or decision is

20  entered in such proceedings.

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

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

23  of submission and guidelines for the sufficiency and content

24  of submissions of notices and claims.

25         Section 31.  Subsection (1) of section 517.161, Florida

26  Statutes, is amended to read:

27         517.161  Revocation, denial, or suspension of

28  registration of dealer, investment adviser, associated person,

29  or branch office.--

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

31  registration granted may be revoked, restricted, or suspended

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

 2  registrant:

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

 4  rule or order made under this chapter;

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

 6  application for registration;

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

 8  with rendering investment advice or in connection with any

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

10  engage in making fictitious or pretended sales or purchases of

11  any such securities or in any practice involving the rendering

12  of investment advice or the sale of securities which is

13  fraudulent or in violation of the law;

14         (d)  Has made a misrepresentation or false statement

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

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

17  security to such person;

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

19  all money and property received;

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

21  persons entitled thereto securities held or agreed to be

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

23  when paid for, and due to be delivered;

24         (g)  Is rendering investment advice or selling or

25  offering for sale securities through any associated person not

26  registered in compliance with the provisions of this chapter;

27         (h)  Has demonstrated unworthiness to transact the

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

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

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

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

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 1  trustee appointed under the Securities Investor Protection

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

 3  insolvent;

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

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

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

 7  other country or government which relates to registration as a

 8  dealer, investment adviser, issuer of securities, associated

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

10  such registration; or which involves moral turpitude or

11  fraudulent or dishonest dealing;

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

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

14  misrepresentation, or deceit;

15         (l)  Is of bad business repute; or

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

17  injunction, suspension, prohibition, revocation, denial,

18  judgment, or administrative order by any court of competent

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

20  federal agency, national securities, commodities, or option

21  exchange, or national securities, commodities, or option

22  association, involving a violation of any federal or state

23  securities or commodities law or any rule or regulation

24  promulgated thereunder, or any rule or regulation of any

25  national securities, commodities, or options exchange or

26  national securities, commodities, or options association, or

27  has been the subject of any injunction or adverse

28  administrative order by a state or federal agency regulating

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

30  estate, mortgage brokers, or other related or similar

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

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 1  not deny registration to any applicant who has been

 2  continuously registered with the office for 5 years from the

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

 4  prohibition, revocation, denial, judgment, or administrative

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

 6  prohibition, revocation, denial, judgment, or administrative

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

 8  commission's rules; or.

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

10  with a check or electronic transmission of funds which is

11  dishonored by the applicant's or registrant's financial

12  institution.

13         Section 32.  Subsections (2) and (3) of section 520.03,

14  Florida Statutes, are amended to read:

15         520.03  Licenses.--

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

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

18  prescribe by rule. If the office determines that an

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

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

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

22  principal place of business and each application for a branch

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

24  licensed under this chapter. An application is considered

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

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

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

28  prescribed by law.

29         (3)  The nonrefundable renewal fee for a motor vehicle

30  retail installment seller license shall be $175. The

31  commission shall establish by rule biennial licensure periods

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 1  and procedures for renewal of licenses. A license that is not

 2  renewed by the end of the biennium established by the

 3  commission shall revert from active to inactive status. An

 4  inactive license may be reactivated within 6 months after

 5  becoming inactive upon filing a completed reactivation form,

 6  payment of the nonrefundable renewal fee, and payment of a

 7  nonrefundable reactivation fee equal to the renewal fee. A

 8  license that is not reactivated within 6 months after becoming

 9  inactive automatically expires.

10         Section 33.  Subsections (2) and (3) of section 520.32,

11  Florida Statutes, are amended to read:

12         520.32  Licenses.--

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

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

15  prescribe by rule. If the office determines that an

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

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

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

19  principal place of business and each application for a branch

20  location of a retail installment seller. An application is

21  considered received for purposes of s. 120.60 upon receipt of

22  a completed application form as prescribed by the commission

23  by rule, a nonrefundable application fee of $175, and any

24  other fee prescribed by law.

25         (3)  The nonrefundable renewal fee for a retail seller

26  license shall be $175. Biennial licensure periods and

27  procedures for renewal of licenses may also be established by

28  the commission by rule.  A license that is not renewed at the

29  end of the biennium established by the commission shall revert

30  from active to inactive status.  An inactive license may be

31  reactivated within 6 months after becoming inactive upon

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 1  filing a completed reactivation form, payment of the

 2  nonrefundable renewal fee, and payment of a reactivation fee

 3  equal to the nonrefundable renewal fee.  A license that is not

 4  reactivated within 6 months after becoming inactive

 5  automatically expires.

 6         Section 34.  Subsections (2) and (3) of section 520.52,

 7  Florida Statutes, are amended to read:

 8         520.52  Licensees.--

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

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

11  prescribe by rule. If the office determines that an

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

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

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

15  principal place of business and each branch location of a

16  sales finance company. An application is considered received

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

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

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

20  prescribed by law.

21         (3)  The nonrefundable renewal fee for a sales finance

22  company license shall be $175. Biennial licensure periods and

23  procedures for renewal of licenses may also be established by

24  the commission by rule. A license that is not renewed at the

25  end of the biennium established by the commission shall revert

26  from active to inactive status. An inactive license may be

27  reactivated within 6 months after becoming inactive upon

28  filing a completed reactivation form, payment of the

29  nonrefundable renewal fee, and payment of a reactivation fee

30  equal to the nonrefundable renewal fee. A license that is not

31  

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 1  reactivated within 6 months after becoming inactive

 2  automatically expires.

 3         Section 35.  Subsections (2) and (3) of section 520.63,

 4  Florida Statutes, are amended to read:

 5         520.63  Licensees.--

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

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

 8  prescribe by rule. If the office determines that an

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

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

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

12  principal place of business and each application for a branch

13  location of a home improvement finance seller. An application

14  is considered received for purposes of s. 120.60 upon receipt

15  of a completed application form as prescribed by the

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

17  and any other fee prescribed by law.

18         (3)  The nonrefundable renewal fee for a home

19  improvement finance license shall be $175. Biennial licensure

20  periods and procedures for renewal of licenses may also be

21  established by the commission by rule. A license that is not

22  renewed at the end of the biennium established by the

23  commission shall automatically revert from active to inactive

24  status. An inactive license may be reactivated within 6 months

25  after becoming inactive upon filing a completed reactivation

26  form, payment of the nonrefundable renewal fee, and payment of

27  a nonrefundable reactivation fee equal to the renewal fee. A

28  license that is not reactivated within 6 months after becoming

29  inactive automatically expires.

30         Section 36.  Subsection (5) of section 520.994, Florida

31  Statutes, is amended to read:

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 1         520.994  Powers of office.--

 2         (5)  The office shall administer and enforce this

 3  chapter. The commission has authority to adopt rules pursuant

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

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

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

 7  by this chapter if such rules reasonably accommodate

 8  technological or financial hardship. The commission may

 9  prescribe by rule requirements and procedures for obtaining an

10  exemption due to a technological or financial hardship.

11         Section 37.  Paragraph (k) is added to subsection (1)

12  of section 520.995, Florida Statutes, to read:

13         520.995  Grounds for disciplinary action.--

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

15  and constitute grounds for the disciplinary actions specified

16  in subsection (2):

17         (k)  Payment to the office for a license or permit with

18  a check or electronic transmission of funds which is

19  dishonored by the applicant's or licensee's financial

20  institution.

21         Section 38.  Subsection (4) of section 520.997, Florida

22  Statutes, is amended to read:

23         520.997  Books, accounts, and records.--

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

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

26  records of licensees so that such records will enable the

27  office to determine compliance with the provisions of this

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

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

30  documents retained by the licensee after completion of the

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

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 1  2-year retention period specified in subsection (3), if the

 2  office identifies a statute of limitations in another civil or

 3  criminal state or federal law or rule which statute of

 4  limitations is reasonably related by subject matter to the

 5  administration of this chapter, the commission may identify

 6  that statute of limitations by rule and may prohibit the

 7  destruction of records required to be maintained by this

 8  chapter for a period of time, established by rule, which is

 9  reasonably related to such statute of limitations. The

10  commission shall prescribe by rule those documents or records

11  that are to be preserved under the identified statute of

12  limitations.

13         Section 39.  Subsection (5) of section 537.009, Florida

14  Statutes, is amended to read:

15         537.009  Recordkeeping; reporting; safekeeping of

16  property.--

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

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

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

20  licensees so that such records will enable the office to

21  determine compliance with the provisions of this act. In

22  addition, the commission may prescribe by rule the

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

24  documents retained by the licensee after completion of the

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

26  2-year retention period specified in subsection (3), if the

27  office identifies a statute of limitations in another civil or

28  criminal state or federal law or rule which statute of

29  limitations is reasonably related by subject matter to the

30  administration of this chapter, the commission may identify

31  that statute of limitations by rule and may prohibit the

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 1  destruction of records required to be maintained by this

 2  chapter for a period of time, established by rule, which is

 3  reasonably related to such statute of limitations. The

 4  commission shall prescribe by rule those documents or records

 5  that are to be preserved under the identified statute of

 6  limitations.

 7         Section 40.  Subsection (3) is added to section

 8  560.105, Florida Statutes, to read:

 9         560.105  Supervisory powers; rulemaking.--

10         (3)  The commission may adopt rules that require

11  electronic submission of any forms, documents, or fees

12  required by this act if such rules reasonably accommodate

13  technological or financial hardship. The commission may

14  prescribe by rule requirements and procedures for obtaining an

15  exemption due to a technological or financial hardship.

16         Section 41.  Paragraph (y) is added to subsection (1)

17  of section 560.114, Florida Statutes, to read:

18         560.114  Disciplinary actions.--

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

20  money transmitter-affiliated party are violations of the code

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

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

23  registration application or the suspension or revocation of

24  any registration previously issued pursuant to the code, or

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

26  office pursuant to the code:

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

28  a check or electronic transmission of funds which is

29  dishonored by the applicant's or licensee's financial

30  institution.

31  

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 1         Section 42.  Paragraph (b) of subsection (2) of section

 2  560.118, Florida Statutes, is amended to read:

 3         560.118  Examinations, reports, and internal audits;

 4  penalty.--

 5         (2)

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

 7  transmitter or authorized vendor to submit quarterly reports

 8  to the office. The commission may adopt rules that require

 9  electronic submission of any forms, documents, or fees

10  required by this act if such rules reasonably accommodate

11  technological or financial hardship. The commission may

12  prescribe by rule requirements and procedures for obtaining an

13  exemption due to a technological or financial hardship. The

14  commission may require that each report contain a declaration

15  by an officer, or any other responsible person authorized to

16  make such declaration, that the report is true and correct to

17  the best of her or his knowledge and belief. Such report must

18  include such information as the commission by rule requires

19  for that type of money transmitter.

20         Section 43.  Subsection (2) of section 560.121, Florida

21  Statutes, is amended to read:

22         560.121  Records; limited restrictions upon public

23  access.--

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

25  information that must be shown in the books, accounts,

26  records, and documents of licensees for purposes of enabling

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

28  560.101-560.408. In addition, the commission may prescribe by

29  rule the requirements for destruction of books, accounts,

30  records, and documents retained by the licensee after

31  completion of the time period specified in this subsection.

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 1  Notwithstanding the 3-year retention period specified in this

 2  subsection, if the office identifies a statute of limitations

 3  in another civil or criminal state or federal law or rule

 4  which statute of limitations is reasonably related by subject

 5  matter to the administration of this chapter, the commission

 6  may identify that statute of limitations by rule and may

 7  prohibit the destruction of records required to be maintained

 8  by this chapter for a period of time, established by rule,

 9  which is reasonably related to such statute of limitations.

10  The commission shall prescribe by rule those documents or

11  records that are to be preserved under the identified statute

12  of limitations. Examination reports, investigatory records,

13  applications, and related information compiled by the office,

14  or photographic copies thereof, shall be retained by the

15  office for a period of at least 3 years following the date

16  that the examination or investigation ceases to be active.

17  Application records, and related information compiled by the

18  office, or photographic copies thereof, shall be retained by

19  the office for a period of at least 2 years following the date

20  that the registration ceases to be active.

21         Section 44.  Section 560.126, Florida Statutes, is

22  amended to read:

23         560.126  Significant events; notice required.--

24         (1)  Unless exempted by the office, every money

25  transmitter must provide the office with a written notice

26  within 30 15 days after the occurrence or knowledge of,

27  whichever period of time is greater, any of the following

28  events:

29         (a)(1)  The filing of a petition under the United

30  States Bankruptcy Code for bankruptcy or reorganization by the

31  money transmitter.

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 1         (b)(2)  The commencement of any registration suspension

 2  or revocation proceeding, either administrative or judicial,

 3  or the denial of any original registration request or a

 4  registration renewal, by any state, the District of Columbia,

 5  any United States territory, or any foreign country, in which

 6  the money transmitter operates or plans to operate or has

 7  registered to operate.

 8         (c)(3)  A felony indictment relating to the money

 9  transmission business involving the money transmitter or a

10  money transmitter-affiliated party of the money transmitter.

11         (d)(4)  The felony conviction, guilty plea, or plea of

12  nolo contendere, if the court adjudicates the nolo contendere

13  pleader guilty, or the adjudication of guilt of a money

14  transmitter or money transmitter-affiliated party.

15         (e)(5)  The interruption of any corporate surety bond

16  required by the code.

17         (f)(6)  Any suspected criminal act, as defined by the

18  commission by rule, perpetrated in this state against a money

19  transmitter or authorized vendor.

20  

21  However, a person does not incur liability no liability shall

22  be incurred by any person as a result of making a good-faith

23  good faith effort to fulfill this disclosure requirement.

24         (2)  If the information contained in any registration

25  application or any amendment thereto has changed, the

26  registrant shall, within 30 days after the change occurs, file

27  an amendment correcting the information on forms prescribed by

28  the commission.

29         Section 45.  Section 560.205, Florida Statutes, is

30  amended to read:

31  

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 1         560.205  Qualifications of applicant for registration;

 2  contents.--

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

 4  applicant must demonstrate to the office such character and

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

 6  warrant the belief that the registered business will be

 7  operated lawfully and fairly. The office may investigate each

 8  applicant to ascertain whether the qualifications and

 9  requirements prescribed by this part have been met. The

10  office's investigation may include a criminal background

11  investigation of all controlling shareholders, principals,

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

13  funds transmitter and a payment instrument seller and all

14  persons designated by a funds transmitter or payment

15  instrument seller as an authorized vendor. Each controlling

16  shareholder, principal, officer, director, member, and

17  responsible person of a funds transmitter or payment

18  instrument seller, unless the applicant is a publicly traded

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

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

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

22  United States, shall file a complete set of fingerprints. A

23  fingerprint card submitted to the office must be taken by an

24  authorized law enforcement agency if the fingerprint card is

25  submitted to the office in paper form officer. In addition to

26  the fees prescribed in s. 215.405, the commission may

27  prescribe by rule an additional fee, not to exceed $30, for

28  processing the fingerprints. The commission may prescribe by

29  rule procedures for submitting fingerprints and fees by

30  electronic means to the office. In order to implement the

31  submission and processing of fingerprints as specified by rule

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 1  under this section, the office may contract with another state

 2  agency that provides fingerprinting services. The office shall

 3  submit the fingerprints to the Department of Law Enforcement

 4  for state processing, and the Department of Law Enforcement

 5  shall forward them to the Federal Bureau of Investigation for

 6  national processing. The cost of the fingerprint processing

 7  may be borne by the office, the employer, or the person who is

 8  subject to the background check. The Department of Law

 9  Enforcement shall bill the office for the fingerprints

10  submitted each month. The office shall screen the results of

11  the background check to determine whether the applicant meets

12  licensure requirements. Such fingerprints must be submitted to

13  the Department of Law Enforcement or the Federal Bureau of

14  Investigation for state and federal processing. The commission

15  may waive by rule the requirement that applicants file a set

16  of fingerprints or the requirement that such fingerprints be

17  processed by the Department of Law Enforcement or the Federal

18  Bureau of Investigation.

19         (2)  Each application for registration must be

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

21  commission prescribes by rule and must be accompanied by a

22  nonrefundable application fee. The commission may establish by

23  rule procedures for depositing fees and filing documents by

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

25  payment instrument seller or funds transmitter and $50 for

26  each authorized vendor or location operating within this

27  state. The application must contain forms shall set forth such

28  information as the commission reasonably requires by rule,

29  including, but not limited to:

30  

31  

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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         (6)  Changes in registration occasioned by changes in

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

 3  partners, 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 specifies by rule.

 8         Section 46.  Section 560.207, Florida Statutes, is

 9  amended to read:

10         560.207  Renewal of registration; registration fee.--

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

12  or the remainder of any such period without proration

13  following the date of its expiration by furnishing such

14  information as the commission requires by rule, together with

15  the payment of the fees required under subsections (2), (3),

16  and (4), upon the filing with the office of an application and

17  other statements and documents as may reasonably be required

18  of registrants by the commission. The commission may establish

19  by rule procedures for depositing fees and filing documents by

20  electronic means. However, the registrant must remain

21  qualified for such registration under the provisions of this

22  part.

23         (2)  Each application for renewal of All registration

24  must renewal applications shall be accompanied by a

25  nonrefundable renewal fee not to exceed $1,000. A registration

26  expires on April 30 of the year in which the existing

27  registration expires, unless the registrant has renewed its

28  registration on or before that date. All renewal applications

29  must be filed on or after January 1 of the year in which the

30  existing registration expires, but before the expiration date

31  of April 30. If the renewal application is filed prior to the

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 1  expiration date of an existing registration, no late fee shall

 2  be paid in connection with such renewal application. If the

 3  renewal application is filed within 60 calendar days after the

 4  expiration date of an existing registration, then, in addition

 5  to the $1,000 renewal fee, the renewal application shall be

 6  accompanied by a nonrefundable late fee of $500. If the

 7  registrant has not filed a renewal application within 60

 8  calendar days after the expiration date of an existing

 9  registration, a new application shall be filed with the office

10  pursuant to s. 560.205.

11         (3)  In addition to the renewal fee required under

12  subsection (2), each registrant must pay Every registration

13  renewal application shall also include a 2-year nonrefundable

14  registration renewal fee of $50 for each authorized vendor or

15  location operating within this state or, at the option of the

16  registrant, a total 2-year nonrefundable renewal fee of

17  $20,000 may be paid to renew the registration of all such

18  locations currently registered at the time of renewal.

19         (4)  A registration may be reinstated only if the

20  renewal fee and a nonrefundable late fee of $500 are filed

21  within 60 calendar days after the expiration of the existing

22  registration. The office must grant a reinstatement of

23  registration for which application is filed during the 60

24  calendar days, and the reinstatement is effective upon receipt

25  of the required fees and any information that the commission

26  requires by rule.  If the registrant has not filed application

27  for reinstatement of the registration within the 60 calendar

28  days after the expiration of an existing registration, the

29  registration expires, and a new application must be filed with

30  the office pursuant to s. 560.205.

31  

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 1         Section 47.  Subsection (1) of section 560.210, Florida

 2  Statutes, is amended to read:

 3         560.210  Permissible investments.--

 4         (1)  A registrant shall at all times possess

 5  permissible investments with an aggregate market value

 6  calculated in accordance with United States generally accepted

 7  accounting principles of not less than the aggregate face

 8  amount of all outstanding funds transmissions transmitted and

 9  outstanding payment instruments issued or sold by the

10  registrant or an authorized vendor in the United States.

11         Section 48.  Subsection (2) of section 560.211, Florida

12  Statutes, is amended to read:

13         560.211  Records.--

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

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

16  that the registrant notifies the office in writing of the

17  location of the records in its application or otherwise by

18  amendment as prescribed by the commission by rule. The

19  registrant shall make such records available to the office for

20  examination and investigation in this state, as permitted by

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

22         Section 49.  Section 560.305, Florida Statutes, is

23  amended to read:

24         560.305  Application.--Each application for

25  registration must shall be in writing and under oath to the

26  office, in such form as the commission prescribes. The

27  commission may establish by rule procedures for depositing

28  fees and filing documents by electronic means. The application

29  must contain such information as the commission requires by

30  rule, including, but not limited to shall include the

31  following:

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 1         (1)  The legal name and residence and business

 2  addresses of the applicant if the applicant is a natural

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

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

 5  thereof.

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

 7  applicant.

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

 9  which the applicant proposes to engage in such activities

10  since the provisions of registration apply to each and every

11  operating location of a registrant.

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

13  reasonably requires with respect to the applicant or any money

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

15  commission or office may not require more information than is

16  specified in part II.

17         Section 50.  Subsections (1) and (4) of section

18  560.306, Florida Statutes, are amended, and subsection (6) is

19  added to that section, to read:

20         560.306  Standards.--

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

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

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

24  confidence of the public and warrant the belief that the

25  registered business will be operated lawfully and fairly. The

26  office may investigate each applicant to ascertain whether the

27  qualifications and requirements prescribed by this part have

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

29  background investigation of all controlling shareholders,

30  principals, officers, directors, members, and responsible

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

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 1  all persons designated by a foreign currency exchanger or

 2  check casher as an authorized vendor. Each controlling

 3  shareholder, principal, officer, director, member, and

 4  responsible person of a check casher or foreign currency

 5  exchanger, unless the applicant is a publicly traded

 6  corporation as defined by the commission by rule if the

 7  fingerprint card is submitted to the office in paper form as

 8  defined by the commission by rule, a subsidiary thereof, or a

 9  subsidiary of a bank or bank holding company organized and

10  regulated under the laws of any state or the United States,

11  shall file a complete set of fingerprints. A fingerprint card

12  submitted to the office must be taken by an authorized law

13  enforcement agency if the fingerprint card is submitted to the

14  office in paper form officer. In addition to the fees

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

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

17  fingerprints. The commission may prescribe by rule procedures

18  for submitting fingerprints and fees by electronic means to

19  the office. In order to implement the submission and

20  processing of fingerprints as specified by rule under this

21  section, the office may contract with another state agency

22  that provides fingerprinting services. The office shall submit

23  the fingerprints to the Department of Law Enforcement for

24  state processing, and the Department of Law Enforcement shall

25  forward them to the Federal Bureau of Investigation for

26  national processing. The cost of the fingerprint processing

27  may be borne by the office, the employer, or the person who is

28  subject to the background check. The Department of Law

29  Enforcement shall bill the office for the fingerprints

30  submitted each month. The office shall screen the results of

31  the background check to determine whether the applicant meets

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 1  licensure requirements. Such fingerprints must be submitted to

 2  the Department of Law Enforcement or the Federal Bureau of

 3  Investigation for state and federal processing. The commission

 4  may waive by rule the requirement that applicants file a set

 5  of fingerprints or the requirement that such fingerprints be

 6  processed by the Department of Law Enforcement or the Federal

 7  Bureau of Investigation.

 8         (4)  Each registration application and renewal

 9  application must specify the location at which the applicant

10  proposes to establish its principal place of business and any

11  other location, including authorized vendors operating in this

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

13  to any such locations. Any registrant may satisfy this

14  requirement by providing the office with a list of such

15  locations, including all authorized vendors operating in this

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

17  business as a check casher or a foreign currency exchanger

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

19         (6)  Changes in registration occasioned by changes in

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

21  partners, officers, directors, controlling shareholders, or

22  responsible persons of a money transmitter or by changes of

23  any material fact or method of doing business shall be

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

25  the commission specifies by rule.

26         Section 51.  Section 560.308, Florida Statutes, is

27  amended to read:

28         560.308  Registration terms; renewal; renewal fees.--

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

30  or the remainder of any such period without proration

31  following the date of its expiration, by furnishing such

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 1  information as the commission requires by rule, together with

 2  the payment of the fees required under subsections (2), (3),

 3  and (4). The commission may establish by rule procedures for

 4  depositing fees and filing documents by electronic means.

 5  Registration pursuant to this part shall remain effective

 6  through the remainder of the second calendar year following

 7  its date of issuance unless during such calendar year the

 8  registration is surrendered, suspended, or revoked.

 9         (2)  Each application for renewal of registration must

10  be accompanied by The office shall renew registration upon

11  receipt of a completed renewal form and payment of a

12  nonrefundable renewal fee not to exceed $500. The registration

13  expires on December 31 of the year in which the existing

14  registration expires, unless the registrant has renewed its

15  registration on or before that date. The completed renewal

16  form and payment of the renewal fee shall occur on or after

17  June 1 of the year in which the existing registration expires.

18         (3)  In addition to the renewal fee required by

19  subsection (2), each registrant must pay a 2-year

20  nonrefundable registration renewal fee of $50 for each

21  authorized vendor or location operating within this state or,

22  at the option of the registrant, a total 2-year nonrefundable

23  renewal fee of $20,000 may be paid to renew the registration

24  of all such locations currently registered at the time of

25  renewal.

26         (4)  Registration that is not renewed on or before the

27  expiration date of the registration period automatically

28  expires. A renewal application and fee, and a nonrefundable

29  late fee of $250, must be filed within 60 calendar days after

30  the expiration of an existing registration in order for the

31  registration to be reinstated. The office must grant a

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 1  reinstatement of registration for which application is filed

 2  during the 60 calendar days, and the reinstatement is

 3  effective upon receipt of the required fees and any

 4  information that the commission requires by rule. If the

 5  registrant has not filed an a renewal application for

 6  reinstatement within 60 calendar days after the expiration

 7  date of an existing registration, the registration expires and

 8  a new application must be filed with the office pursuant to s.

 9  560.307.

10         Section 52.  Subsection (2) of section 560.310, Florida

11  Statutes, is amended to read:

12         560.310  Records of check cashers and foreign currency

13  exchangers.--

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

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

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

17  location of the records in its application or otherwise by

18  amendment as prescribed by the commission by rule. The

19  registrant shall make such records available to the office for

20  examination and investigation in this state, as permitted by

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

22         Section 53.  Subsections (2) and (4) of section

23  560.403, Florida Statutes, are amended to read:

24         560.403  Requirements of registration; declaration of

25  intent.--

26         (2)  A registrant under this part shall renew his or

27  her intent to engage in the business of deferred presentment

28  transactions or to act as a deferred presentment provider upon

29  renewing his or her registration under part II or part III and

30  shall do so by indicating his or her intent on the renewal

31  form and by submitting a nonrefundable deferred presentment

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    Florida Senate - 2005                     CS for CS for SB 304
    585-1807-05




 1  provider renewal fee of $1,000, in addition to any fees

 2  required for renewal of registration under part II or part

 3  III.

 4         (4)  The notice of intent of a registrant under this

 5  part who fails to timely renew his or her intent to engage in

 6  the business of deferred presentment transactions or to act as

 7  a deferred presentment provider on or before the expiration

 8  date of the registration period automatically expires. A

 9  renewal declaration of intent and fee, and a nonrefundable

10  late fee of $500, must be filed within 60 calendar days after

11  the expiration of an existing registration in order for the

12  declaration of intent to be reinstated. The office must grant

13  a reinstatement of a notice of intent for which application is

14  filed during the 60 calendar days, and the reinstatement is

15  effective upon receipt of the required fees and any

16  information that the commission requires by rule. If the

17  registrant has not filed a reinstatement of a renewal

18  declaration of intent within 60 calendar days after the

19  expiration date of an existing registration, the notice of

20  intent expires and a new declaration of intent must be filed

21  with the office.

22         Section 54.  This act shall take effect October 1,

23  2005.

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    Florida Senate - 2005                     CS for CS for SB 304
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 304

 3                                 

 4  CS for CS for SB 304 removes the authority given an unnamed
    third party to process the expanded fingerprinting
 5  requirements contained in the bill. That responsibility will
    reside in public agencies only. In designated sections the
 6  public agency specified is the Florida Department of Law
    Enforcement. A principal representative of a mortgage broker
 7  will satisfy additional education requirements if the
    representative holds an active mortgage license. The bill
 8  reinstates current law on the standard of neglect when a
    mortgage lender fails to discharge its duties in payment of a
 9  property owner's premium or tax.

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