| 1 | A bill to be entitled |
| 2 | An act relating to financial entities and transactions; |
| 3 | amending s. 494.001, F.S.; defining the term "control |
| 4 | person"; amending s. 494.0011, F.S.; authorizing the |
| 5 | Financial Services Commission to require electronic |
| 6 | submission of forms, documents, or fees; providing a |
| 7 | limitation; authorizing the commission to adopt rules |
| 8 | accommodating a technological or financial hardship; |
| 9 | requiring that a grant or denial of a license be in |
| 10 | accordance with ch. 120, F.S.; amending s. 494.0016, F.S.; |
| 11 | authorizing the commission to prescribe requirements for |
| 12 | destroying books, accounts, records, and documents; |
| 13 | amending s. 494.0029, F.S.; requiring that certain |
| 14 | entities who offer or conduct mortgage business training |
| 15 | obtain a permit; providing requirements and procedures for |
| 16 | obtaining a permit; specifying that permits are not |
| 17 | transferable or assignable; providing for expiration and |
| 18 | recertification of permits; authorizing permit fees; |
| 19 | requiring that curriculum, training, and training |
| 20 | materials be available for inspection; requiring |
| 21 | electronic notification to the office of persons who have |
| 22 | successfully completed certain education requirements; |
| 23 | requiring the commission to adopt rules; amending s. |
| 24 | 494.00295, F.S.; revising professional education |
| 25 | provisions to apply to continuing education; providing |
| 26 | requirements; waiving such requirements for license |
| 27 | renewals for certain persons under certain circumstances; |
| 28 | amending s. 494.003, F.S.; revising the list of entities |
| 29 | exempt from certain mortgage broker licensure |
| 30 | requirements; amending s. 494.0031, F.S.; requiring |
| 31 | licensure of mortgage brokerage businesses; revising |
| 32 | requirements and procedures for issuing licenses; |
| 33 | providing duties and authority of the commission and |
| 34 | office; providing duties of the Department of Law |
| 35 | Enforcement; specifying that certain licenses are not |
| 36 | transferable or assignable; revising the grounds on which |
| 37 | a license may be denied; deleting certain provisions |
| 38 | relating to cancellation and reinstatement of licenses; |
| 39 | amending s. 494.0032, F.S.; requiring renewal of branch |
| 40 | office licenses with renewal of mortgage brokerage |
| 41 | business licenses; amending s. 494.0033, F.S.; revising |
| 42 | mortgage broker licensure requirements and procedures; |
| 43 | authorizing the commission to prescribe additional testing |
| 44 | fees; authorizing the commission to waive certain |
| 45 | examination requirements under specified circumstances; |
| 46 | providing duties and authority of the commission and |
| 47 | office; providing duties of the Department of Law |
| 48 | Enforcement; deleting provisions relating to cancellation |
| 49 | and reinstatement of licenses; amending s. 494.0036, F.S.; |
| 50 | revising mortgage brokerage business branch office |
| 51 | licensure requirements and procedures; deleting a |
| 52 | requirement for displaying licenses; amending s. 494.0039, |
| 53 | F.S.; deleting mortgage brokerage business change of |
| 54 | address reporting and license display requirements; |
| 55 | amending s. 494.004, F.S.; revising mortgage broker |
| 56 | licensee requirements; providing requirements for |
| 57 | acquiring a controlling interest in a licensee; providing |
| 58 | a definition; providing duties and authority of the |
| 59 | commission; authorizing the office to bring an |
| 60 | administrative action under certain circumstances; |
| 61 | amending s. 494.0041, F.S.; specifying additional grounds |
| 62 | for taking disciplinary action; amending s. 494.006, F.S.; |
| 63 | revising the list of entities exempt from mortgage lender |
| 64 | licensure requirements; amending s. 494.0061, F.S.; |
| 65 | requiring the licensure of mortgage lenders; revising |
| 66 | mortgage lender license requirements and procedures; |
| 67 | providing duties and authority of the commission and |
| 68 | office; providing duties of the Department of Law |
| 69 | Enforcement; providing for commission rules; revising |
| 70 | provisions governing grounds for imposing discipline; |
| 71 | deleting certain provisions relating to cancellation and |
| 72 | reinstatement of licenses; authorizing the commission to |
| 73 | prescribe additional testing fees; revising provisions |
| 74 | governing principal representatives; amending s. 494.0062, |
| 75 | F.S.; requiring licensure of correspondent mortgage |
| 76 | lenders; revising correspondent mortgage lender license |
| 77 | requirements and procedures; providing duties and |
| 78 | authority of the commission and office; providing duties |
| 79 | of the Department of Law Enforcement; providing |
| 80 | educational requirements for principal representatives; |
| 81 | revising grounds for disciplinary action; deleting certain |
| 82 | provisions relating to cancellation and reinstatement of |
| 83 | licenses; authorizing the commission to prescribe |
| 84 | additional testing fees; providing for commission rules; |
| 85 | amending s. 494.0064, F.S.; revising mortgage lender |
| 86 | branch office licensee professional continuing education |
| 87 | requirements; amending s. 494.0065, F.S.; revising saving |
| 88 | clause requirements and procedures; revising the duties |
| 89 | and authority of the office and commission; providing |
| 90 | duties of the Department of Law Enforcement; providing for |
| 91 | commission rules; providing requirements for education and |
| 92 | testing for certain principal representatives and for |
| 93 | transfer applications; authorizing the commission to |
| 94 | prescribe additional testing fees; revising provisions |
| 95 | governing the denial of transfers; providing personal |
| 96 | representative designation requirements; amending s. |
| 97 | 494.0066, F.S.; revising branch office licensure |
| 98 | requirements; providing for commission rules; amending s. |
| 99 | 494.0067, F.S.; deleting a license display requirement; |
| 100 | providing information reporting requirements; providing |
| 101 | requirements for acquiring a controlling interest in a |
| 102 | licensee; providing a definition; providing duties and |
| 103 | authority of the commission; authorizing the office to |
| 104 | bring an administrative action under certain |
| 105 | circumstances; revising professional continuing education |
| 106 | requirements; amending s. 494.0072, F.S.; providing |
| 107 | additional grounds for taking disciplinary action; |
| 108 | amending s. 494.00721, F.S.; conforming cross-references; |
| 109 | amending s. 501.137, F.S.; providing mortgage lender |
| 110 | liability for attorney's fees and costs for certain |
| 111 | violations; amending s. 516.01, F.S.; defining the term |
| 112 | "control person"; amending s. 516.03, F.S.; revising |
| 113 | requirements and procedures for issuing consumer finance |
| 114 | loan licenses; specifying certain fees as nonrefundable; |
| 115 | authorizing the commission to adopt rules; revising |
| 116 | certain fee requirements; providing for technological or |
| 117 | financial hardship exemptions under certain circumstances; |
| 118 | amending s. 516.031, F.S.; increasing a reimbursement |
| 119 | charge for certain investigation costs; amending s. |
| 120 | 516.05, F.S.; revising investigation procedures; deleting |
| 121 | provisions relating to certain fees for licenses that have |
| 122 | been denied; providing licensee information reporting |
| 123 | requirements; providing requirements for acquiring a |
| 124 | controlling interest in a licensee; providing a |
| 125 | definition; providing duties and authority of the |
| 126 | commission and office; providing for commission rules; |
| 127 | authorizing the office to bring an administrative action |
| 128 | under certain circumstances; deleting provisions |
| 129 | authorizing the office to grant temporary licenses; |
| 130 | amending s. 516.07, F.S.; providing an additional ground |
| 131 | for taking disciplinary action; repealing s. 516.08, F.S., |
| 132 | relating to requirements for posting a license; amending |
| 133 | s. 516.12, F.S.; authorizing the commission to adopt rules |
| 134 | specifying the minimum information to be shown in a |
| 135 | licensee's books, accounts, records, and documents and the |
| 136 | requirements for destroying a licensee's books, accounts, |
| 137 | records, and documents; amending s. 516.19, F.S.; |
| 138 | correcting cross-references; amending s. 517.021, F.S.; |
| 139 | redefining the term "branch office"; authorizing the |
| 140 | commission to adopt rules; amending s. 517.051, F.S.; |
| 141 | revising required accounting principles; amending s. |
| 142 | 517.061, F.S.; revising a provision governing exempt |
| 143 | transactions; amending s. 517.081, F.S.; revising required |
| 144 | accounting principles; amending s. 517.12, F.S.; revising |
| 145 | requirements and procedures for registration of dealers, |
| 146 | associated persons, investment advisers, and branch |
| 147 | offices; revising duties and authority of the commission |
| 148 | and office; providing for commission rules; providing |
| 149 | duties of the Department of Law Enforcement; revising |
| 150 | requirements, procedures, and exemptions relating to |
| 151 | activities of Canadian dealers and associated persons; |
| 152 | providing for certain fees; providing that certain fees |
| 153 | are nonrefundable; providing for the collection of fees; |
| 154 | amending s. 517.131, F.S.; revising criteria under which |
| 155 | recovery can be made from the Securities Guaranty Fund; |
| 156 | authorizing the commission to adopt rules; amending s. |
| 157 | 517.141, F.S.; revising requirements for claimant |
| 158 | reimbursements to the fund; authorizing the commission to |
| 159 | adopt rules; amending s. 517.161, F.S.; revising a ground |
| 160 | for a registration adverse action; providing an additional |
| 161 | ground; amending ss. 520.02, 520.31, and 520.61, F.S.; |
| 162 | defining the term "control person"; amending ss. 520.03, |
| 163 | 520.32, 520.52, and 520.63, F.S.; revising requirements |
| 164 | and procedures for licensing motor vehicle retail |
| 165 | installment sellers, retail installment transaction retail |
| 166 | sellers, sales finance companies, and home improvement |
| 167 | finance sellers; revising duties and authority of the |
| 168 | commission and office; specifying certain fees as |
| 169 | nonrefundable; amending s. 520.994, F.S.; revising |
| 170 | commission authority to adopt rules to include electronic |
| 171 | submissions; providing for accommodating a technological |
| 172 | or financial hardship; amending s. 520.995, F.S.; |
| 173 | providing an additional ground for taking disciplinary |
| 174 | action; revising a provision applying disciplinary actions |
| 175 | to certain persons; amending s. 520.997, F.S.; revising |
| 176 | commission authority to adopt rules relating to a |
| 177 | licensee's books, accounts, records, and documents; |
| 178 | creating s. 520.999, F.S.; providing additional |
| 179 | requirements of licensees in sales and finance; |
| 180 | authorizing the office to bring an administrative action |
| 181 | under certain circumstances; authorizing the commission to |
| 182 | adopt rules; amending s. 537.009, F.S., relating to the |
| 183 | Florida Title Loan Act; revising provisions relating to a |
| 184 | licensee's books, accounts, records, and documents; |
| 185 | amending s. 559.9232, F.S.; correcting cross-references; |
| 186 | amending s. 560.105, F.S., relating to the Money |
| 187 | Transmitters' Code; authorizing the commission to adopt |
| 188 | rules for electronic submission of money transmitter |
| 189 | licensee forms, documents, or fees; providing for |
| 190 | exemptions due to technological or financial hardship; |
| 191 | amending s. 560.114, F.S.; providing an additional ground |
| 192 | for taking disciplinary action; amending s. 560.121, F.S.; |
| 193 | authorizing the commission to adopt rules relating to a |
| 194 | licensee's books, accounts, records, and documents; |
| 195 | amending s. 560.126, F.S.; revising information reporting |
| 196 | requirements; providing requirements for acquiring a |
| 197 | controlling interest; authorizing the office to bring an |
| 198 | administrative action under certain circumstances; |
| 199 | authorizing the commission to adopt rules; amending s. |
| 200 | 560.127, F.S.; revising criteria for determining control |
| 201 | over a money transmitter; deleting provisions regulating |
| 202 | the acquisition or purchase of a money transmitter; |
| 203 | amending s. 560.205, F.S.; revising requirements and |
| 204 | procedures for registering money transmitters; revising |
| 205 | duties of the commission and office; providing duties of |
| 206 | the Department of Law Enforcement; amending s. 560.207, |
| 207 | F.S.; revising requirements and procedures for renewing a |
| 208 | registration; authorizing the commission to adopt rules; |
| 209 | providing that specified fees are nonrefundable; providing |
| 210 | conditions for reinstating a registration; providing an |
| 211 | additional fee; providing for expiration of registration; |
| 212 | amending s. 560.210, F.S.; revising required accounting |
| 213 | principles; amending s. 560.211, F.S.; revising certain |
| 214 | recordkeeping requirements; amending s. 560.305, F.S., |
| 215 | relating to the Check Cashing and Foreign Currency |
| 216 | Exchange Act; revising requirements and procedures for |
| 217 | registration; amending s. 560.306, F.S.; revising |
| 218 | fingerprinting requirements and procedures; providing |
| 219 | duties of the office and Department of Law Enforcement; |
| 220 | amending s. 560.308, F.S.; revising requirements for |
| 221 | renewal of registration; providing for expiration of |
| 222 | registration; providing that specified fees are |
| 223 | nonrefundable; providing conditions for reinstatement of a |
| 224 | registration; amending s. 560.310, F.S.; revising certain |
| 225 | recordkeeping requirements; amending s. 560.403, F.S.; |
| 226 | revising requirements for registration renewal notices of |
| 227 | intent; providing that specified fees are nonrefundable; |
| 228 | providing conditions for reinstatement of a notice of |
| 229 | intent; creating s. 655.851, F.S.; providing that credit |
| 230 | balances that result from the performance of or |
| 231 | participation in check-clearing functions are not subject |
| 232 | to certain reporting requirements; amending s. 655.935, |
| 233 | F.S.; authorizing the search of a safe-deposit box co- |
| 234 | leased by a decedent; providing construction; amending s. |
| 235 | 655.936, F.S.; providing for the delivery of a safe- |
| 236 | deposit box to a court-appointed personal representative; |
| 237 | amending s. 655.937, F.S.; revising provisions for access |
| 238 | to safe-deposit boxes; providing a penalty; amending s. |
| 239 | 679.705, F.S.; extending the effective date of a financing |
| 240 | statement filed under previous law; amending s. 733.6065, |
| 241 | F.S.; revising provisions relating to the initial opening |
| 242 | of certain safe-deposit boxes; providing an appropriation; |
| 243 | providing effective dates. |
| 244 |
|
| 245 | Be It Enacted by the Legislature of the State of Florida: |
| 246 |
|
| 247 | Section 1. Present subsections (9) through (30) of section |
| 248 | 494.001, Florida Statutes, are redesignated as subsections (10) |
| 249 | through (31), respectively, and a new subsection (9) is added to |
| 250 | that section to read: |
| 251 | 494.001 Definitions.--As used in ss. 494.001-494.0077, the |
| 252 | term: |
| 253 | (9) "Control person" means an individual, partnership, |
| 254 | corporation, trust, or other organization that possesses the |
| 255 | power, directly or indirectly, to direct the management or |
| 256 | policies of a company, whether through ownership of securities, |
| 257 | by contract, or otherwise. A person is presumed to control a |
| 258 | company if, with respect to a particular company, that person: |
| 259 | (a) Is a director, general partner, or officer exercising |
| 260 | executive responsibility or having similar status or functions; |
| 261 | (b) Directly or indirectly may vote 10 percent or more of |
| 262 | a class of voting securities or sell or direct the sale of 10 |
| 263 | percent or more of a class of voting securities; or |
| 264 | (c) In the case of a partnership, may receive upon |
| 265 | dissolution or has contributed 10 percent or more of the |
| 266 | capital. |
| 267 | Section 2. Subsection (2) of section 494.0011, Florida |
| 268 | Statutes, is amended, and subsection (6) is added to that |
| 269 | section, to read: |
| 270 | 494.0011 Powers and duties of the commission and office.-- |
| 271 | (2) The commission may has authority to adopt rules |
| 272 | pursuant to ss. 120.536(1) and 120.54 to implement ss. 494.001- |
| 273 | 494.0077. The commission may adopt rules requiring to allow |
| 274 | electronic submission of any forms, documents, or fees required |
| 275 | by this act if such rules reasonably accommodate technological |
| 276 | or financial hardship. The commission may prescribe by rule |
| 277 | requirements and procedures for obtaining an exemption due to a |
| 278 | technological or financial hardship. The commission may also |
| 279 | adopt rules to accept certification of compliance with |
| 280 | requirements of this act in lieu of requiring submission of |
| 281 | documents. |
| 282 | (6) The grant or denial of any license under this chapter |
| 283 | must be in accordance with s. 120.60. |
| 284 | Section 3. Subsection (4) of section 494.0016, Florida |
| 285 | Statutes, is amended to read: |
| 286 | 494.0016 Books, accounts, and records; maintenance; |
| 287 | examinations by the office.-- |
| 288 | (4) The commission may prescribe by rule the minimum |
| 289 | information to be shown in the books, accounts, records, and |
| 290 | documents of licensees so that such records will enable the |
| 291 | office to determine the licensee's compliance with ss. 494.001- |
| 292 | 494.0077. In addition, the commission may prescribe by rule |
| 293 | requirements for the destruction of books, accounts, records, |
| 294 | and documents retained by the licensee after completion of the |
| 295 | time period specified in subsection (3). |
| 296 | Section 4. Section 494.0029, Florida Statutes, is amended |
| 297 | to read: |
| 298 | 494.0029 Mortgage business schools.-- |
| 299 | (1)(a) Each person, school, or institution, except |
| 300 | accredited colleges, universities, community colleges, and |
| 301 | career centers in this state, which offers or conducts mortgage |
| 302 | business training for the purpose of meeting professional |
| 303 | continuing education requirements or as a condition precedent to |
| 304 | licensure as a mortgage broker, mortgage or lender, or a |
| 305 | correspondent mortgage lender must shall obtain a permit from |
| 306 | the office to operate as a mortgage business school before |
| 307 | offering or conducting mortgage business training and must abide |
| 308 | by the regulations imposed upon such person, school, or |
| 309 | institution by this chapter and rules adopted pursuant to this |
| 310 | chapter. The commission may require by rule that each applicant |
| 311 | for a mortgage business school permit provide any information |
| 312 | reasonably necessary to determine the applicant's eligibility. |
| 313 | Each person, school, or institution that applies for a permit |
| 314 | under this section must do so on forms adopted by the commission |
| 315 | by rule The commission shall, by rule, recertify the permits |
| 316 | annually with initial and renewal permit fees that do not exceed |
| 317 | $500 plus the cost of accreditation. |
| 318 | (b) An application is considered received for purposes of |
| 319 | s. 120.60 upon receipt of a completed application form as |
| 320 | prescribed by commission rule, a nonrefundable application fee |
| 321 | of $500, the cost of accreditation as defined by commission |
| 322 | rule, and any other fee prescribed by law. |
| 323 | (c) A permit issued under this section is not transferable |
| 324 | or assignable. |
| 325 | (d) Each permitted mortgage business school shall report, |
| 326 | on a form prescribed by the commission, any change in the |
| 327 | information contained in the initial application form or any |
| 328 | amendment to such form not later than 30 days after the change |
| 329 | is effective. |
| 330 | (e) A permit issued under this section expires on |
| 331 | September 30th of each year. The office shall recertify a permit |
| 332 | annually upon submission of information the commission requires |
| 333 | by rule, together with a nonrefundable permit fee of $500, and |
| 334 | the cost of accreditation as defined by commission rule, which |
| 335 | shall be for the annual period beginning October 1 of each year. |
| 336 | (2) All such schools shall maintain curriculum and |
| 337 | training materials necessary to determine the school's |
| 338 | compliance with this chapter and rules adopted pursuant to this |
| 339 | chapter. Any school that offers or conducts mortgage business |
| 340 | training shall at all times maintain an operation of training, |
| 341 | materials, and curriculum which is open to review by the office |
| 342 | to determine compliance and competency as a mortgage business |
| 343 | school. |
| 344 | (2)(3)(a) It is unlawful for any such person, school, or |
| 345 | institution to offer or conduct mortgage business courses, |
| 346 | regardless of the number of pupils, without first procuring a |
| 347 | permit or to guarantee that the pupils will pass any mortgage |
| 348 | business examination given on behalf of the office or to |
| 349 | represent that the issuance of a permit is any recommendation or |
| 350 | endorsement of the person, school, or institution to which it is |
| 351 | issued or of any course of instruction given thereunder. Any |
| 352 | person who violates this paragraph commits a misdemeanor of the |
| 353 | second degree, punishable as provided in s. 775.082 or s. |
| 354 | 775.083. |
| 355 | (b) The location of classes and the frequency of class |
| 356 | meetings shall be in the discretion of the school offering the |
| 357 | courses, if such courses conform to this chapter and related |
| 358 | rules adopted by the commission. |
| 359 | (c) A mortgage business school may not use advertising of |
| 360 | any nature which is false, inaccurate, misleading, or |
| 361 | exaggerated. Publicity and advertising of a mortgage business |
| 362 | school, or of its representative, shall be based upon relevant |
| 363 | facts and supported by evidence establishing their truth. |
| 364 | (d) A representative of a mortgage business school subject |
| 365 | to the provisions of this chapter may not promise or guarantee |
| 366 | employment or placement of any pupil or prospective pupil, using |
| 367 | information, training, or skill purported to be provided or |
| 368 | otherwise enhanced by a course or school as inducement to enroll |
| 369 | in the school, unless such person offers the pupil or |
| 370 | prospective pupil a bona fide contract of employment. |
| 371 | (e) A school shall advertise only as a school and under |
| 372 | the permitted name of such school as recognized by the office. |
| 373 | (f) Reference may not be made in any publication or |
| 374 | communication medium as to a pass/fail ratio on mortgage |
| 375 | business examinations by any school permitted by the office. |
| 376 | (3) Each person, school, or institution that is required |
| 377 | to be permitted as a mortgage business school under this section |
| 378 | shall maintain and make available for the office's review, |
| 379 | inspection, and observation any training, curriculum, and |
| 380 | training materials necessary for the office to determine |
| 381 | compliance with this chapter and the rules adopted under this |
| 382 | chapter. All documents prescribed by commission rule must be |
| 383 | submitted with the initial application or recertification. |
| 384 | (4) Each person, school, or institution that is required |
| 385 | to be permitted as a mortgage business school under this section |
| 386 | must provide electronic notification to the office, in a manner |
| 387 | prescribed by commission rule, of any pupils who have |
| 388 | successfully completed the 24-hour prelicensure classroom |
| 389 | instruction for mortgage brokers and principal representatives |
| 390 | and any pupils who have completed the 14-hour professional |
| 391 | continuing education for mortgage brokers. |
| 392 | Section 5. Section 494.00295, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 494.00295 Professional continuing education.-- |
| 395 | (1) Mortgage brokers, and the principal representatives |
| 396 | and loan originators of a mortgage lender, correspondent |
| 397 | mortgage lender, or mortgage lender pursuant to s. 494.0065, |
| 398 | must successfully complete at least 14 hours of professional |
| 399 | continuing education covering primary and subordinate mortgage |
| 400 | financing transactions and the provisions of this chapter during |
| 401 | the 2-year period immediately preceding the renewal deadline for |
| 402 | a mortgage broker, mortgage lender, correspondent mortgage |
| 403 | lender, or mortgage lender pursuant to s. 494.0065. At the time |
| 404 | of license renewal, a licensee must certify to the office that |
| 405 | the professional continuing education requirements of this |
| 406 | section have been met. Licensees shall maintain records |
| 407 | documenting compliance with this subsection for a period of 4 |
| 408 | years. The requirements for professional continuing education |
| 409 | are waived for the license renewal of a mortgage broker for the |
| 410 | biennial license period immediately following the period in |
| 411 | which the person became licensed as a mortgage broker. The |
| 412 | requirements for professional continuing education for a |
| 413 | principal representative are waived for the license renewal of a |
| 414 | mortgage lender, correspondent mortgage lender, or mortgage |
| 415 | lender pursuant to s. 494.0065 for the biennial license period |
| 416 | immediately following the period in which the principal |
| 417 | representative completed the 24 hours of classroom education and |
| 418 | passed a written test in order to qualify to be a principal |
| 419 | representative Each mortgage broker, mortgage lender, and |
| 420 | correspondent mortgage lender must certify to the office at the |
| 421 | time of renewal that during the 2 years prior to an application |
| 422 | for license renewal, all mortgage brokers and the principal |
| 423 | representative, loan originators, and associates of a mortgage |
| 424 | lender or correspondent mortgage lender have successfully |
| 425 | completed at least 14 hours of professional education programs |
| 426 | covering primary and subordinate mortgage financing transactions |
| 427 | and the provisions of this chapter. Licensees shall maintain |
| 428 | records documenting compliance with this subsection for a period |
| 429 | of 4 years. |
| 430 | (2) Professional continuing education programs must |
| 431 | contribute directly to the professional competency of the |
| 432 | participants, may only be offered by permitted mortgage business |
| 433 | schools or entities specifically exempted from permitting as |
| 434 | mortgage business schools, and may include electronically |
| 435 | transmitted or distance education courses. |
| 436 | (3) The commission shall adopt rules necessary to |
| 437 | administer this section, including rules governing qualifying |
| 438 | hours for professional continuing education programs and |
| 439 | standards for electronically transmitted or distance education |
| 440 | courses, including course completion requirements. |
| 441 | Section 6. Paragraphs (b) and (c) of subsection (1) and |
| 442 | paragraph (e) of subsection (2) of section 494.003, Florida |
| 443 | Statutes, are amended to read: |
| 444 | 494.003 Exemptions.-- |
| 445 | (1) None of the following persons is subject to the |
| 446 | requirements of ss. 494.003-494.0043: |
| 447 | (b) A state or federal chartered bank, bank holding |
| 448 | company, trust company, savings and loan association, savings |
| 449 | bank or, credit union, bank holding company regulated under the |
| 450 | laws of any state or the United States, or consumer finance |
| 451 | company licensed pursuant to chapter 516. |
| 452 | (c) A wholly owned bank holding company subsidiary or a |
| 453 | wholly owned savings and loan association holding company |
| 454 | subsidiary formed and regulated under the laws of any state or |
| 455 | the United States that is approved or certified by the |
| 456 | Department of Housing and Urban Development, the Veterans |
| 457 | Administration, the Government National Mortgage Association, |
| 458 | the Federal National Mortgage Association, or the Federal Home |
| 459 | Loan Mortgage Corporation. |
| 460 | (2) None of the following persons is required to be |
| 461 | licensed under ss. 494.003-494.0043: |
| 462 | (e) A wholly owned subsidiary of a state or federal |
| 463 | chartered bank or savings and loan association the sole activity |
| 464 | of which is to distribute the lending programs of such state or |
| 465 | federal chartered bank or savings and loan association to |
| 466 | persons who arrange loans for, or make loans to, borrowers. |
| 467 | Section 7. Section 494.0031, Florida Statutes, is amended |
| 468 | to read: |
| 469 | 494.0031 Licensure as a mortgage brokerage business.-- |
| 470 | (1) Each person who acts as a mortgage brokerage business |
| 471 | must be licensed under this section unless otherwise exempt from |
| 472 | licensure. |
| 473 | (2)(1) Each initial application for a mortgage brokerage |
| 474 | business license must be in the form prescribed by rule of the |
| 475 | commission. The commission may require each applicant to provide |
| 476 | any information reasonably necessary to determine the |
| 477 | applicant's eligibility for licensure. The office shall issue a |
| 478 | mortgage brokerage business license to each person who: |
| 479 | (a) Has submitted a completed application form and a |
| 480 | nonrefundable application fee of $425. An application is |
| 481 | considered received for purposes of s. 120.60 upon receipt of a |
| 482 | completed application form as prescribed by commission rule, a |
| 483 | nonrefundable application fee of $425, and any other fee |
| 484 | prescribed by law.; and |
| 485 | (b) Has a qualified principal broker pursuant to s. |
| 486 | 494.0035. |
| 487 | (c)(2) Has provided a complete set of fingerprints as the |
| 488 | commission may require by rule for that each officer, director, |
| 489 | control person, member, partner, or joint venturer of the |
| 490 | applicant and each ultimate equitable owner of a 10-percent or |
| 491 | greater interest in the mortgage brokerage business. A |
| 492 | fingerprint card submitted to the office must be submit a |
| 493 | complete set of fingerprints taken by an authorized law |
| 494 | enforcement agency officer. The office shall submit the |
| 495 | fingerprints to the Department of Law Enforcement for state |
| 496 | processing and the Department of Law Enforcement shall forward |
| 497 | the fingerprints to the Federal Bureau of Investigation for |
| 498 | federal processing. The cost of the fingerprint processing may |
| 499 | be borne by the office, the employer, or the person subject to |
| 500 | the background check. The Department of Law Enforcement shall |
| 501 | submit an invoice to the office for the fingerprints received |
| 502 | each month. The office shall screen the background results to |
| 503 | determine if the applicant meets licensure requirements. |
| 504 | (d) Has provided information that the commission requires |
| 505 | by rule concerning any designated principal mortgage broker; any |
| 506 | officer, director, control person, member, partner, or joint |
| 507 | venturer of the applicant; or any individual who is the ultimate |
| 508 | equitable owner of a 10-percent or greater interest in the |
| 509 | mortgage brokerage business. The commission may require |
| 510 | information about any such applicant or person, including, but |
| 511 | not limited to, his or her full name or other names by which he |
| 512 | or she may have been known, age, social security number, |
| 513 | qualifications, educational and business history, and |
| 514 | disciplinary and criminal history. |
| 515 | (3) Notwithstanding the provisions of subsection (2) (1), |
| 516 | it is a ground for denial of licensure if the applicant; |
| 517 | designated principal mortgage broker; any officer, director, |
| 518 | control person, member, partner, or joint venturer of the |
| 519 | applicant; any natural person owning a 10-percent or greater |
| 520 | interest in the mortgage brokerage business; or any individual |
| 521 | natural person who is the ultimate equitable owner of a 10- |
| 522 | percent or greater interest in the mortgage brokerage business |
| 523 | has committed any violation specified in ss. 494.001-494.0077 or |
| 524 | has pending against him or her in any jurisdiction any criminal |
| 525 | prosecution or administrative enforcement action that, in any |
| 526 | jurisdiction, which involves fraud, dishonest dealing, or any |
| 527 | other act of moral turpitude. |
| 528 | (4) A mortgage brokerage business or branch office license |
| 529 | may be canceled if it was issued through mistake or inadvertence |
| 530 | of the office. A notice of cancellation must be issued by the |
| 531 | office within 90 days after the issuance of the license. A |
| 532 | notice of cancellation is shall be effective upon receipt. The |
| 533 | notice of cancellation must shall provide the applicant with |
| 534 | notification of the right to request a hearing within 21 days |
| 535 | after the applicant's receipt of the notice of cancellation. A |
| 536 | license must shall be reinstated if the applicant can |
| 537 | demonstrate that the requirements for obtaining the license |
| 538 | under pursuant to this chapter have been satisfied. |
| 539 | (5) If an initial mortgage brokerage business or branch |
| 540 | office license has been issued but the check upon which the |
| 541 | license is based is returned due to insufficient funds, the |
| 542 | license shall be deemed canceled. A license deemed canceled |
| 543 | pursuant to this subsection shall be reinstated if the office |
| 544 | receives a certified check for the appropriate amount within 30 |
| 545 | days after the date the check was returned due to insufficient |
| 546 | funds. |
| 547 | Section 8. Subsection (1) of section 494.0032, Florida |
| 548 | Statutes, is amended to read: |
| 549 | 494.0032 Renewal of mortgage brokerage business license or |
| 550 | branch office license.-- |
| 551 | (1) The office shall renew a mortgage brokerage business |
| 552 | license upon receipt of a completed renewal form and payment of |
| 553 | a nonrefundable renewal fee of $375. Each licensee shall pay at |
| 554 | the time of renewal a nonrefundable renewal fee of $225 for the |
| 555 | renewal of each branch office license. The license for a branch |
| 556 | office must be renewed in conjunction with the renewal of the |
| 557 | mortgage brokerage business license. |
| 558 | Section 9. Subsections (1), (2), and (7) of section |
| 559 | 494.0033, Florida Statutes, are amended to read: |
| 560 | 494.0033 Mortgage broker's license.-- |
| 561 | (1) Each natural person who acts as a mortgage broker for |
| 562 | a mortgage brokerage business or acts as an associate for a |
| 563 | mortgage lender or correspondent mortgage lender must be |
| 564 | licensed under pursuant to this section. To act as a mortgage |
| 565 | broker, an individual must be an associate of a mortgage |
| 566 | brokerage business, a mortgage lender, or a correspondent |
| 567 | mortgage lender. A mortgage broker may not be is prohibited from |
| 568 | being an associate of more than one mortgage brokerage business, |
| 569 | mortgage lender, or correspondent mortgage lender. |
| 570 | (2) Each initial application for a mortgage broker's |
| 571 | license must be in the form prescribed by rule of the |
| 572 | commission. The commission may require each applicant to provide |
| 573 | any information reasonably necessary to make a determination of |
| 574 | the applicant's eligibility for licensure. The office shall |
| 575 | issue an initial license to any natural person who: |
| 576 | (a) Is at least 18 years of age.; |
| 577 | (b) Has passed a written test adopted and administered by |
| 578 | the office, or has passed an electronic test adopted and |
| 579 | administered by the office or a third party approved by the |
| 580 | office, which is designed to determine competency in primary and |
| 581 | subordinate mortgage financing transactions as well as to test |
| 582 | knowledge of ss. 494.001-494.0077 and the rules adopted pursuant |
| 583 | thereto. The commission may prescribe by rule an additional fee |
| 584 | that may not exceed $100 for the electronic version of the |
| 585 | mortgage broker test. The commission may waive by rule the |
| 586 | examination requirement for any person who has passed a test |
| 587 | approved by the Conference of State Bank Supervisors, the |
| 588 | American Association of Residential Mortgage Regulators, or the |
| 589 | United States Department of Housing and Urban Development if the |
| 590 | test covers primary and subordinate mortgage financing |
| 591 | transactions.; |
| 592 | (c) Has submitted a completed application and a |
| 593 | nonrefundable application fee of $200. An application is |
| 594 | considered received for purposes of s. 120.60 upon receipt of a |
| 595 | completed application form as prescribed by commission rule, a |
| 596 | nonrefundable application fee of $200, and any other fee |
| 597 | prescribed by law. The commission may set by rule an additional |
| 598 | fee for a retake of the examination; and |
| 599 | (d) Has filed a complete set of fingerprints, taken by an |
| 600 | authorized law enforcement officer, for submission by the office |
| 601 | to the Department of Law Enforcement or the Federal Bureau of |
| 602 | Investigation for processing. A fingerprint card submitted to |
| 603 | the office must be taken by an authorized law enforcement |
| 604 | agency. The office shall submit the fingerprints to the |
| 605 | Department of Law Enforcement for state processing and the |
| 606 | Department of Law Enforcement shall forward the fingerprints to |
| 607 | the Federal Bureau of Investigation for federal processing. The |
| 608 | cost of the fingerprint processing may be borne by the office, |
| 609 | the employer, or the person subject to the background check. The |
| 610 | Department of Law Enforcement shall submit an invoice to the |
| 611 | office for the fingerprints received each month. The office |
| 612 | shall screen the background results to determine if the |
| 613 | applicant meets licensure requirements. |
| 614 |
|
| 615 | The commission may require by rule information concerning any |
| 616 | such applicant or person, including, but not limited to, his or |
| 617 | her full name and any other names by which he or she may have |
| 618 | been known, age, social security number, qualifications and |
| 619 | educational and business history, and disciplinary and criminal |
| 620 | history. |
| 621 | (7) If an initial mortgage broker license has been issued |
| 622 | but the check upon which the license is based is returned due to |
| 623 | insufficient funds, the license shall be deemed canceled. A |
| 624 | license deemed canceled pursuant to this subsection shall be |
| 625 | reinstated if the office receives a certified check for the |
| 626 | appropriate amount within 30 days after the date the check was |
| 627 | returned due to insufficient funds. |
| 628 | Section 10. Subsections (2) and (3) of section 494.0036, |
| 629 | Florida Statutes, are amended to read: |
| 630 | 494.0036 Mortgage brokerage business branch offices.-- |
| 631 | (2) The office shall issue a mortgage brokerage business |
| 632 | branch office license to a mortgage brokerage business licensee |
| 633 | after the office determines that the licensee has submitted upon |
| 634 | receipt of a completed application for a branch office in a form |
| 635 | as prescribed by commission rule and payment of an initial |
| 636 | nonrefundable branch office license fee of $225. Branch office |
| 637 | licenses must be renewed in conjunction with the renewal of the |
| 638 | mortgage brokerage business license. The branch office license |
| 639 | shall be issued in the name of the mortgage brokerage business |
| 640 | that maintains the branch office. An application is considered |
| 641 | received for purposes of s. 120.60 upon receipt of a completed |
| 642 | application form as prescribed by commission rule, a |
| 643 | nonrefundable application fee of $225, and any other fee |
| 644 | prescribed by law. |
| 645 | (3) Each branch office must prominently display the |
| 646 | license issued for such branch office. Each person licensed as a |
| 647 | mortgage broker must prominently display his or her license in |
| 648 | the office where such person acts as a mortgage broker. |
| 649 | Section 11. Section 494.0039, Florida Statutes, is amended |
| 650 | to read: |
| 651 | 494.0039 Principal place of business requirements.-- |
| 652 | (1) Each mortgage brokerage business licensee shall |
| 653 | maintain and transact business from a principal place of |
| 654 | business. |
| 655 | (2) A licensee under ss. 494.003-494.0043 shall report any |
| 656 | change of address of the principal place of business or any |
| 657 | branch office within 15 days after the change. |
| 658 | (3) Each mortgage brokerage business must prominently |
| 659 | display its license at the principal place of business. Each |
| 660 | licensed mortgage broker must prominently display his or her |
| 661 | license in the office where such person acts as a mortgage |
| 662 | broker. |
| 663 | Section 12. Section 494.004, Florida Statutes, is amended |
| 664 | to read: |
| 665 | 494.004 Requirements of licensees.-- |
| 666 | (1) Each licensee under ss. 494.003-494.0043 shall report, |
| 667 | in writing, any conviction of, or plea of nolo contendere to, |
| 668 | regardless of adjudication, any crime or administrative |
| 669 | violation that involves fraud, dishonest dealing, or any other |
| 670 | act of moral turpitude, in any jurisdiction, by the licensee or |
| 671 | any natural person named in s. 494.0031(2)(d)(3), not later than |
| 672 | 30 days after the date of conviction, entry of a plea of nolo |
| 673 | contendere, or final administrative action. |
| 674 | (2) Each licensee under ss. 494.003-494.0043 shall report, |
| 675 | in a form prescribed by rule of the commission, any conviction |
| 676 | of, or plea of nolo contendere to, regardless of whether |
| 677 | adjudication is withheld, any felony committed by the licensee |
| 678 | or any natural person named in s. 494.0031(2)(d)(3), not later |
| 679 | than 30 days after the date of conviction or the date the plea |
| 680 | of nolo contendere is entered. |
| 681 | (3) Each licensee under ss. 494.003-494.0043 shall report |
| 682 | any action in bankruptcy, voluntary or involuntary, to the |
| 683 | office not later than 7 business days after the action is |
| 684 | instituted. |
| 685 | (4) Each licensee under ss. 494.003-494.0043 shall report |
| 686 | on a form prescribed by rule of the commission any change to the |
| 687 | information contained in any initial application form or any |
| 688 | amendment to the application any change in the form of business |
| 689 | organization or any change of a person named, pursuant to s. |
| 690 | 494.0031(3), to the office in writing not later than 30 days |
| 691 | after the change is effective. |
| 692 | (5) A license issued under ss. 494.003-494.0043 is not |
| 693 | transferable or assignable. |
| 694 | (6) Each licensee under ss. 494.003-494.0043 shall report |
| 695 | any change in the principal broker, partners, officers, members, |
| 696 | joint venturers, directors, control persons of any licensee, or |
| 697 | any individual who is the ultimate equitable owner of a 10- |
| 698 | percent or greater interest in the licensee, or any change in |
| 699 | the form of business organization, by written amendment in the |
| 700 | form and at the time the commission specifies by rule. |
| 701 | (a) In any case in which a person or a group of persons, |
| 702 | directly or indirectly or acting by or through one or more |
| 703 | persons, proposes to purchase or acquire a controlling interest |
| 704 | in a licensee, such person or group shall submit an initial |
| 705 | application for licensure as a mortgage brokerage business |
| 706 | before such purchase or acquisition and at the time and in the |
| 707 | form the commission prescribes by rule. |
| 708 | (b) As used in this subsection, the term "controlling |
| 709 | interest" means possession of the power to direct or cause the |
| 710 | direction of the management or policies of a company whether |
| 711 | through ownership of securities, by contract, or otherwise. Any |
| 712 | person who directly or indirectly has the right to vote 25 |
| 713 | percent or more of the voting securities of a company or is |
| 714 | entitled to 25 percent or more of the company's profits is |
| 715 | presumed to possess a controlling interest. |
| 716 | (c) Any addition of a partner, officer, member, joint |
| 717 | venturer, director, control person, or ultimate equitable owner |
| 718 | of the applicant who does not have a controlling interest and |
| 719 | who has not previously complied with the provisions of s. |
| 720 | 494.0031(2)(c) and (d) is subject to such provisions unless |
| 721 | required to file an initial application in accordance with |
| 722 | paragraph (a). If the office finds that the licensee does not |
| 723 | continue to meet licensure requirements, the office may bring an |
| 724 | administrative action in accordance with s. 494.0041 to enforce |
| 725 | the provisions of this chapter. |
| 726 | (d) The commission shall adopt rules pursuant to ss. |
| 727 | 120.536(1) and 120.54 providing for the waiver of the |
| 728 | application required by this subsection if the person or group |
| 729 | of persons proposing to purchase or acquire a controlling |
| 730 | interest in a licensee has previously complied with the |
| 731 | provisions of s. 494.0031(2)(c) and (d) with respect to the same |
| 732 | legal entity or is currently licensed by the office under this |
| 733 | chapter. |
| 734 | (7)(6) On or before April 30, 2000, each mortgage |
| 735 | brokerage business shall file an initial report stating the |
| 736 | name, social security number, date of birth, mortgage broker |
| 737 | license number, date of hire and, if applicable, date of |
| 738 | termination for each person who was an associate of the mortgage |
| 739 | brokerage business during the immediate preceding quarter. |
| 740 | Thereafter, a mortgage brokerage business shall file a quarterly |
| 741 | report only if a person became an associate or ceased to be an |
| 742 | associate of the mortgage brokerage business during the |
| 743 | immediate preceding quarter. Such report shall be filed within |
| 744 | 30 days after the last day of each calendar quarter and shall |
| 745 | contain the name, social security number, date of birth, |
| 746 | mortgage broker license number, date of hire and, if applicable, |
| 747 | the date of termination of each person who became or ceased to |
| 748 | be an associate of the mortgage brokerage business during the |
| 749 | immediate preceding quarter. The commission shall prescribe, by |
| 750 | rule, the procedures for filing reports required by this |
| 751 | subsection. |
| 752 | Section 13. Paragraphs (s), (t), and (u) are added to |
| 753 | subsection (2) of section 494.0041, Florida Statutes, and |
| 754 | subsection (3) of that section is amended, to read: |
| 755 | 494.0041 Administrative penalties and fines; license |
| 756 | violations.-- |
| 757 | (2) Each of the following acts constitutes a ground for |
| 758 | which the disciplinary actions specified in subsection (1) may |
| 759 | be taken: |
| 760 | (s) Payment to the office for a license or permit with a |
| 761 | check or electronic transmission of funds that is dishonored by |
| 762 | the applicant's or licensee's financial institution. |
| 763 | (t) Having a final judgment entered against the applicant |
| 764 | or licensee in a civil action upon grounds of fraud, |
| 765 | embezzlement, misrepresentation, or deceit. |
| 766 | (u)1. Having been the subject of any decision, finding, |
| 767 | injunction, suspension, prohibition, revocation, denial, |
| 768 | judgment, or administrative order by any court of competent |
| 769 | jurisdiction, administrative law judge, state or federal agency, |
| 770 | national securities exchange, national commodities exchange, |
| 771 | national option exchange, national securities association, |
| 772 | national commodities association, or national option association |
| 773 | involving a violation of any federal or state securities or |
| 774 | commodities law or rule or regulation adopted under such law or |
| 775 | involving a violation of any rule or regulation of any national |
| 776 | securities, commodities, or options exchange or association. |
| 777 | 2. Having been the subject of any injunction or adverse |
| 778 | administrative order by a state or federal agency regulating |
| 779 | banking, insurance, finance or small loan companies, real |
| 780 | estate, mortgage brokers or lenders, money transmitters, or |
| 781 | other related or similar industries. |
| 782 | (3) A mortgage brokerage business is subject to the |
| 783 | disciplinary actions specified in subsection (1) for a violation |
| 784 | of subsection (2) by any officer, member, director, control |
| 785 | person, joint venturer, partner, ultimate equitable owner of a |
| 786 | 10-percent or greater interest in the mortgage brokerage |
| 787 | business, or associate mortgage broker of the licensee. |
| 788 | Section 14. Paragraphs (a) and (c) of subsection (1) and |
| 789 | paragraph (a) of subsection (2) of section 494.006, Florida |
| 790 | Statutes, are amended to read: |
| 791 | 494.006 Exemptions.-- |
| 792 | (1) None of the following persons are subject to the |
| 793 | requirements of ss. 494.006-494.0077 in order to act as a |
| 794 | mortgage lender or correspondent mortgage lender: |
| 795 | (a) A state or federal chartered bank, bank holding |
| 796 | company, trust company, savings and loan association, savings |
| 797 | bank or, credit union, bank holding company regulated under the |
| 798 | laws of any state or the United States, or insurance company if |
| 799 | the insurance company is duly licensed in this state. |
| 800 | (c) A wholly owned bank holding company subsidiary or a |
| 801 | wholly owned savings and loan association holding company |
| 802 | subsidiary that is formed and regulated under the laws of any |
| 803 | state or the United States and that is approved or certified by |
| 804 | the Department of Housing and Urban Development, the Veterans |
| 805 | Administration, the Government National Mortgage Association, |
| 806 | the Federal National Mortgage Association, or the Federal Home |
| 807 | Loan Mortgage Corporation. |
| 808 | (2)(a) A natural person employed by a mortgage lender or |
| 809 | correspondent mortgage lender licensed under ss. 494.001- |
| 810 | 494.0077 is exempt from the licensure requirements of ss. |
| 811 | 494.001-494.0077 when acting within the scope of employment with |
| 812 | the licensee. |
| 813 | Section 15. Section 494.0061, Florida Statutes, is amended |
| 814 | to read: |
| 815 | 494.0061 Mortgage lender's license requirements.-- |
| 816 | (1) Each person who acts as a mortgage lender must be |
| 817 | licensed under this section unless otherwise exempt from |
| 818 | licensure. |
| 819 | (2)(1) Each initial application for a mortgage lender |
| 820 | license must be in the form prescribed by rule of the |
| 821 | commission. The commission or office may require each applicant |
| 822 | for a mortgage lender license to provide any information |
| 823 | reasonably necessary to make a determination of the applicant's |
| 824 | eligibility for licensure. The office shall issue an initial |
| 825 | mortgage lender license to any person that submits: |
| 826 | (a) A completed application form.; |
| 827 | (b) A nonrefundable application fee of $575. An |
| 828 | application is considered received for purposes of s. 120.60 |
| 829 | upon receipt of a completed application form as prescribed by |
| 830 | commission rule, a nonrefundable application fee of $575, and |
| 831 | any other fee prescribed by law.; |
| 832 | (c) Audited financial statements, which documents disclose |
| 833 | that the applicant has a bona fide and verifiable net worth, |
| 834 | pursuant to United States generally accepted accounting |
| 835 | principles, of at least $250,000, which must be continuously |
| 836 | maintained as a condition of licensure.; |
| 837 | (d) A surety bond in the amount of $10,000, payable to the |
| 838 | state and conditioned upon compliance with ss. 494.001-494.0077, |
| 839 | which inures to the office and which must be continuously |
| 840 | maintained thereafter in full force.; |
| 841 | (e) Documentation that the applicant is duly incorporated, |
| 842 | registered, or otherwise formed as a general partnership, |
| 843 | limited partnership, limited liability company, or other lawful |
| 844 | entity under the laws of this state or another state of the |
| 845 | United States.; and |
| 846 | (f) For applications submitted after October 1, 2001, |
| 847 | Proof that the applicant's principal representative has |
| 848 | completed 24 hours of classroom instruction in primary and |
| 849 | subordinate financing transactions and in the provisions of this |
| 850 | chapter and rules adopted under this chapter. This requirement |
| 851 | is satisfied if the principal representative has continuously |
| 852 | served in the capacity of a principal representative for a |
| 853 | licensed entity under this chapter for at least 1 year and has |
| 854 | not had a lapse in designation as a principal representative of |
| 855 | more than 2 years before the date of the submission of the |
| 856 | application or amendment in the case of a change in the |
| 857 | principal representative. This requirement is also satisfied if |
| 858 | the principal representative currently holds an active license |
| 859 | as a mortgage broker in this state. |
| 860 | (g) A complete set of fingerprints as the commission |
| 861 | requires by rule for the designated principal representative and |
| 862 | each officer, director, control person, member, partner, or |
| 863 | joint venturer of the applicant and ultimate equitable owner of |
| 864 | a 10-percent or greater interest in the applicant. A fingerprint |
| 865 | card submitted to the office must be taken by an authorized law |
| 866 | enforcement agency. The office shall submit the fingerprints to |
| 867 | the Department of Law Enforcement for state processing and the |
| 868 | Department of Law Enforcement shall forward the fingerprints to |
| 869 | the Federal Bureau of Investigation for federal processing. The |
| 870 | cost for the fingerprint processing may be borne by the office, |
| 871 | the employer, or the person subject to the background check. The |
| 872 | Department of Law Enforcement shall submit an invoice to the |
| 873 | office for the fingerprints received each month. The office |
| 874 | shall screen the background results to determine if the |
| 875 | applicant meets licensure requirements. |
| 876 | (h) Information the commission requires by rule concerning |
| 877 | any designated principal representative; any officer, director, |
| 878 | control person, member, partner, or joint venturer of the |
| 879 | applicant or any person having the same or substantially similar |
| 880 | status or performing substantially similar functions; or any |
| 881 | natural person who is the ultimate equitable owner of a 10- |
| 882 | percent or greater interest in the mortgage lender. The |
| 883 | commission may require information concerning any such applicant |
| 884 | or person, including, but not limited to, his or her full name |
| 885 | and any other names by which he or she may have been known, |
| 886 | social security number, age, qualifications and educational and |
| 887 | business history, and disciplinary and criminal history. |
| 888 | (3)(2) Notwithstanding the provisions of subsection (2) |
| 889 | (1), it is a ground for denial of licensure if the applicant; |
| 890 | designated principal representative;, any principal officer, or |
| 891 | director, control person, member, partner, or joint venturer of |
| 892 | the applicant;, or any natural person owning a 10-percent or |
| 893 | greater interest in the applicant;, or any natural person who is |
| 894 | the ultimate equitable owner of a 10-percent or greater interest |
| 895 | in the applicant has committed any violation specified in s. |
| 896 | 494.0072, or has pending against her or him any criminal |
| 897 | prosecution or administrative enforcement action, in any |
| 898 | jurisdiction, which involves fraud, dishonest dealing, or any |
| 899 | act of moral turpitude. |
| 900 | (3) Each initial application for a mortgage lender's |
| 901 | license must be in a form prescribed by the commission. The |
| 902 | commission or office may require each applicant to provide any |
| 903 | information reasonably necessary to make a determination of the |
| 904 | applicant's eligibility for licensure. The commission or office |
| 905 | may require that each officer, director, and ultimate equitable |
| 906 | owner of a 10-percent or greater interest in the applicant |
| 907 | submit a complete set of fingerprints taken by an authorized law |
| 908 | enforcement officer. |
| 909 | (4) A person required to be licensed under ss. 494.006- |
| 910 | 494.0077, or an agent or employee thereof, is deemed to have |
| 911 | consented to the venue of courts of competent jurisdiction in |
| 912 | this state regarding any matter within the authority of ss. |
| 913 | 494.001-494.0077 regardless of where an act or violation was |
| 914 | committed. |
| 915 | (5) A license issued in accordance with ss. 494.006- |
| 916 | 494.0077 is not transferable or assignable. |
| 917 | (6) A mortgage lender or branch office license may be |
| 918 | canceled if it was issued through mistake or inadvertence of the |
| 919 | office. A notice of cancellation must be issued by the office |
| 920 | within 90 days after the issuance of the license. A notice of |
| 921 | cancellation shall be effective upon receipt. The notice of |
| 922 | cancellation shall provide the applicant with notification of |
| 923 | the right to request a hearing within 21 days after the |
| 924 | applicant's receipt of the notice of cancellation. A license |
| 925 | shall be reinstated if the applicant can demonstrate that the |
| 926 | requirements for obtaining the license under pursuant to this |
| 927 | chapter have been satisfied. |
| 928 | (7) If an initial mortgage lender or branch office license |
| 929 | has been issued but the check upon which the license is based is |
| 930 | returned due to insufficient funds, the license shall be deemed |
| 931 | canceled. A license deemed canceled pursuant to this subsection |
| 932 | shall be reinstated if the office receives a certified check for |
| 933 | the appropriate amount within 30 days after the date the check |
| 934 | was returned due to insufficient funds. |
| 935 | (7)(8) Each lender, regardless of the number of branches |
| 936 | it operates, shall designate a principal representative who |
| 937 | exercises control of the licensee's business and shall maintain |
| 938 | a form prescribed by the commission designating the principal |
| 939 | representative. If the form is not accurately maintained, the |
| 940 | business is considered to be operated by each officer, director, |
| 941 | or equitable owner of a 10-percent or greater interest in the |
| 942 | business. |
| 943 | (8)(9) After October 1, 2001, An applicant's principal |
| 944 | representative must pass a written test prescribed by the |
| 945 | commission and administered by the office, or must pass an |
| 946 | electronic test prescribed by the commission and administered by |
| 947 | the office or a third party approved by the office, which covers |
| 948 | primary and subordinate mortgage financing transactions and the |
| 949 | provisions of this chapter and rules adopted under this chapter. |
| 950 | The commission may set a fee by rule, which may not exceed $100, |
| 951 | for the electronic version of the mortgage broker test. The |
| 952 | commission may waive by rule the examination requirement for any |
| 953 | person who has passed a test approved by the Conference of State |
| 954 | Bank Supervisors, the American Association of Residential |
| 955 | Mortgage Regulators, or the United States Department of Housing |
| 956 | and Urban Development if the test covers primary and subordinate |
| 957 | mortgage financing transactions. This requirement is satisfied |
| 958 | if the principal representative has continuously served in the |
| 959 | capacity of a principal representative for a licensed entity |
| 960 | under this chapter for at least 1 year and has not had a lapse |
| 961 | in designation as a principal representative of more than 2 |
| 962 | years before the date of the submission of the application or |
| 963 | amendment in the case of a change in the principal |
| 964 | representative. This requirement is also satisfied if the |
| 965 | principal representative holds an active license as a mortgage |
| 966 | broker in this state. |
| 967 | (9)(10) A lender shall notify the office of any change in |
| 968 | the designation of its principal representative within 30 days |
| 969 | after the change is effective. A new principal representative |
| 970 | shall satisfy the name and address of any new principal |
| 971 | representative and shall document that the person has completed |
| 972 | the educational and testing requirements of this section within |
| 973 | 90 days after being designated as upon the designation of a new |
| 974 | principal representative. This requirement is satisfied if the |
| 975 | principal representative has continuously served in the capacity |
| 976 | of a principal representative for a licensed entity under this |
| 977 | chapter for at least 1 year and has not had a lapse in |
| 978 | designation as a principal representative of more than 2 years |
| 979 | before the date of the submission of the application or |
| 980 | amendment in the case of a change in the principal |
| 981 | representative. This requirement is also satisfied if the |
| 982 | principal representative holds an active license as a mortgage |
| 983 | broker in this state. |
| 984 | Section 16. Section 494.0062, Florida Statutes, is amended |
| 985 | to read: |
| 986 | 494.0062 Correspondent mortgage lender's license |
| 987 | requirements.-- |
| 988 | (1) Each person who acts as a correspondent mortgage |
| 989 | lender must be licensed under this section unless otherwise |
| 990 | exempt from licensure. |
| 991 | (2)(1) Each initial application for a correspondent |
| 992 | mortgage lender's license must be in the form prescribed by rule |
| 993 | of the commission. The office may require each applicant to |
| 994 | provide any information reasonably necessary to determine the |
| 995 | applicant's eligibility for licensure. The office shall issue an |
| 996 | initial correspondent mortgage lender license to any person who |
| 997 | submits: |
| 998 | (a) A completed application form.; |
| 999 | (b) A nonrefundable application fee of $500. An |
| 1000 | application is considered received for purposes of s. 120.60 |
| 1001 | upon receipt of a completed application form as prescribed by |
| 1002 | commission rule, a nonrefundable application fee of $500, and |
| 1003 | any other fee prescribed by law.; |
| 1004 | (c) Audited financial statements that, which document that |
| 1005 | the applicant application has a bona fide and verifiable net |
| 1006 | worth pursuant to United States generally accepted accounting |
| 1007 | principles of $25,000 or more, which must be continuously |
| 1008 | maintained as a condition of licensure.; |
| 1009 | (d) A surety bond in the amount of $10,000, payable to the |
| 1010 | State of Florida and conditioned upon compliance with ss. |
| 1011 | 494.001-494.0077, which inures to the office and which must be |
| 1012 | continuously maintained, thereafter, in full force.; |
| 1013 | (e) Documentation that the applicant is duly incorporated, |
| 1014 | registered, or otherwise formed as a general partnership, |
| 1015 | limited partnership, limited liability company, or other lawful |
| 1016 | entity under the laws of this state or another state of the |
| 1017 | United States.; and |
| 1018 | (f) For applications filed after October 1, 2001, Proof |
| 1019 | that the applicant's principal representative has completed 24 |
| 1020 | hours of classroom instruction in primary and subordinate |
| 1021 | financing transactions and in the provisions of this chapter and |
| 1022 | rules enacted under this chapter. This requirement is satisfied |
| 1023 | if the principal representative has continuously served in the |
| 1024 | capacity of a principal representative for a licensed entity |
| 1025 | under this chapter for at least 1 year and has not had a lapse |
| 1026 | in designation as a principal representative of more than 2 |
| 1027 | years before the date of the submission of the application or |
| 1028 | amendment in the case of a change in the principal |
| 1029 | representative. This requirement is also satisfied if the |
| 1030 | principal representative holds an active license as a mortgage |
| 1031 | broker in this state. |
| 1032 | (g) A complete set of fingerprints as the commission |
| 1033 | requires by rule for the designated principal representative and |
| 1034 | each officer, director, control person, member, partner, or |
| 1035 | joint venturer of the applicant and ultimate equitable owner of |
| 1036 | a 10-percent or greater interest in the applicant. A fingerprint |
| 1037 | card submitted to the office must be taken by an authorized law |
| 1038 | enforcement agency. The office shall submit the fingerprints to |
| 1039 | the Department of Law Enforcement for state processing and the |
| 1040 | Department of Law Enforcement shall forward the fingerprints to |
| 1041 | the Federal Bureau of Investigation for federal processing. The |
| 1042 | cost of the fingerprint processing may be borne by the office, |
| 1043 | the employer, or the person subject to the background check. The |
| 1044 | Department of Law Enforcement shall submit an invoice to the |
| 1045 | office for the fingerprints received each month. The office |
| 1046 | shall screen the background results to determine if the |
| 1047 | applicant meets licensure requirements. |
| 1048 | (h) Information the commission requires by rule concerning |
| 1049 | any designated principal representative; any officer, director, |
| 1050 | control person, member, partner, or joint venturer of the |
| 1051 | applicant or any person having the same or substantially similar |
| 1052 | status or performing substantially similar functions; or any |
| 1053 | natural person who is the ultimate equitable owner of a 10- |
| 1054 | percent or greater interest in the correspondent mortgage |
| 1055 | lender. The office may require information concerning any such |
| 1056 | applicant or person, including, but not limited to, his or her |
| 1057 | full name and any other names by which he or she may have been |
| 1058 | known, age, social security number, qualifications and |
| 1059 | educational and business history, and disciplinary and criminal |
| 1060 | history. |
| 1061 | (3)(2) Notwithstanding the provisions of subsection (2) |
| 1062 | (1), it is a ground for denial of licensure if the applicant; |
| 1063 | any designated principal representative;, any principal officer, |
| 1064 | or director, control person, member, partner, or joint venturer |
| 1065 | of the applicant;, or any natural person who is the ultimate |
| 1066 | equitable owner of a 10-percent or greater interest in the |
| 1067 | applicant has committed any violation specified in s. 494.0072, |
| 1068 | or has pending against her or him any criminal prosecution or |
| 1069 | administrative enforcement action, in any jurisdiction, which |
| 1070 | involves fraud, dishonest dealing, or any act of moral |
| 1071 | turpitude. |
| 1072 | (3) Each initial application for a correspondent mortgage |
| 1073 | lender's license must be in a form prescribed by the commission. |
| 1074 | The commission or office may require each applicant to provide |
| 1075 | any information reasonably necessary to make a determination of |
| 1076 | the applicant's eligibility for licensure. The commission or |
| 1077 | office may require that each officer, director, and ultimate |
| 1078 | equitable owner of a 10-percent or greater interest submit a |
| 1079 | complete set of fingerprints taken by an authorized law |
| 1080 | enforcement officer. |
| 1081 | (4) Each license is valid for the remainder of the |
| 1082 | biennium in which the license is issued. |
| 1083 | (5) A person licensed as a correspondent mortgage lender |
| 1084 | may make mortgage loans, but may not service a mortgage loan for |
| 1085 | more than 4 months after the date the mortgage loan was made or |
| 1086 | acquired by the correspondent mortgage lender. |
| 1087 | (6) A licensee under ss. 494.006-494.0077, or an agent or |
| 1088 | employee thereof, is deemed to have consented to the venue of |
| 1089 | courts of competent jurisdiction in this state regarding any |
| 1090 | matter within the authority of ss. 494.001-494.0077 regardless |
| 1091 | of where an act or violation was committed. |
| 1092 | (7) A correspondent mortgage lender is subject to the same |
| 1093 | requirements and restrictions as a licensed mortgage lender |
| 1094 | unless otherwise provided in this section. |
| 1095 | (8) A license issued under this section is not |
| 1096 | transferable or assignable. |
| 1097 | (9) A correspondent mortgage lender or branch office |
| 1098 | license may be canceled if it was issued through mistake or |
| 1099 | inadvertence of the office. A notice of cancellation must be |
| 1100 | issued by the office within 90 days after the issuance of the |
| 1101 | license. A notice of cancellation shall be effective upon |
| 1102 | receipt. The notice of cancellation shall provide the applicant |
| 1103 | with notification of the right to request a hearing within 21 |
| 1104 | days after the applicant's receipt of the notice of |
| 1105 | cancellation. A license shall be reinstated if the applicant can |
| 1106 | demonstrate that the requirements for obtaining the license |
| 1107 | pursuant to this chapter have been satisfied. |
| 1108 | (10) If an initial correspondent mortgage lender or branch |
| 1109 | office license has been issued but the check upon which the |
| 1110 | license is based is returned due to insufficient funds, the |
| 1111 | license shall be deemed canceled. A license deemed canceled |
| 1112 | pursuant to this subsection shall be reinstated if the office |
| 1113 | receives a certified check for the appropriate amount within 30 |
| 1114 | days after the date the check was returned due to insufficient |
| 1115 | funds. |
| 1116 | (10)(11) Each correspondent lender shall designate a |
| 1117 | principal representative who exercises control over the business |
| 1118 | and shall maintain a form prescribed by the commission |
| 1119 | designating the principal representative. If the form is not |
| 1120 | accurately maintained, the business is considered to be operated |
| 1121 | by each officer, director, or equitable owner of a 10-percent or |
| 1122 | greater interest in the business. |
| 1123 | (11)(12) After October 1, 2001, An applicant's principal |
| 1124 | representative must pass a written test prescribed by the |
| 1125 | commission and administered by the office, or must pass an |
| 1126 | electronic test prescribed by the commission and administered by |
| 1127 | the office or a third party approved by the office, which covers |
| 1128 | primary and subordinate mortgage financing transactions and the |
| 1129 | provisions of this chapter and rules adopted under this chapter. |
| 1130 | The commission may waive by rule the examination requirement for |
| 1131 | any person who has passed a test approved by the Conference of |
| 1132 | State Bank Supervisors, the American Association of Residential |
| 1133 | Mortgage Regulators, or the United States Department of Housing |
| 1134 | and Urban Development if the test covers primary and subordinate |
| 1135 | mortgage financing transactions. The commission may set by rule |
| 1136 | a fee not to exceed $100 for taking the examination. This |
| 1137 | requirement is satisfied if the principal representative has |
| 1138 | continuously served in the capacity of a principal |
| 1139 | representative for a licensed entity under this chapter for at |
| 1140 | least 1 year and has not had a lapse in designation as a |
| 1141 | principal representative of more than 2 years before the date of |
| 1142 | the submission of the application or amendment in the case of a |
| 1143 | change in the principal representative. This requirement is also |
| 1144 | satisfied if the principal representative holds an active |
| 1145 | license as a mortgage broker in this state. |
| 1146 | (12)(13) A correspondent lender shall notify the office of |
| 1147 | any change in the designation of its principal representative |
| 1148 | within 30 days after the change is effective. A new principal |
| 1149 | representative shall satisfy the name and address of any new |
| 1150 | principal representative and shall document that such person has |
| 1151 | completed the educational and testing requirements of this |
| 1152 | section within 90 days after being designated as upon the |
| 1153 | lender's designation of a new principal representative. This |
| 1154 | requirement is satisfied if the principal representative has |
| 1155 | continuously served in the capacity of a principal |
| 1156 | representative for a licensed entity under this chapter for at |
| 1157 | least 1 year and has not had a lapse in designation as a |
| 1158 | principal representative of more than 2 years before the date of |
| 1159 | the submission of the application or amendment in the case of a |
| 1160 | change in the principal representative. This requirement is also |
| 1161 | satisfied if the principal representative holds an active |
| 1162 | license as a mortgage broker in this state. |
| 1163 | Section 17. Paragraph (b) of subsection (1) and subsection |
| 1164 | (2) of section 494.0064, Florida Statutes, are amended to read: |
| 1165 | 494.0064 Renewal of mortgage lender's license; branch |
| 1166 | office license renewal.-- |
| 1167 | (1) |
| 1168 | (b) A licensee shall also submit, as part of the renewal |
| 1169 | form, certification that during the preceding 2 years the |
| 1170 | licensee's principal representative and, loan originators, and |
| 1171 | associates have completed the professional continuing education |
| 1172 | requirements of s. 494.00295. |
| 1173 | (2) The commission shall adopt rules establishing a |
| 1174 | procedure for the biennial renewal of mortgage lender's |
| 1175 | licenses, correspondent lender's licenses, and branch office |
| 1176 | licenses permits. The commission may prescribe the form for |
| 1177 | renewal and may require an update of all information provided in |
| 1178 | the licensee's initial application. |
| 1179 | Section 18. Section 494.0065, Florida Statutes, is amended |
| 1180 | to read: |
| 1181 | 494.0065 Saving clause.-- |
| 1182 | (1)(a) Any person in good standing who holds an active |
| 1183 | registration pursuant to former s. 494.039 or license pursuant |
| 1184 | to former s. 521.205, or any person who acted solely as a |
| 1185 | mortgage servicer on September 30, 1991, is eligible to apply to |
| 1186 | the office for a mortgage lender's license and is eligible for |
| 1187 | licensure if the applicant: |
| 1188 | 1. For at least 12 months during the period of October 1, |
| 1189 | 1989, through September 30, 1991, has engaged in the business of |
| 1190 | either acting as a seller or assignor of mortgage loans or as a |
| 1191 | servicer of mortgage loans, or both; |
| 1192 | 2. Has documented a minimum net worth of $25,000 in |
| 1193 | audited financial statements; and |
| 1194 | 3. Has applied for licensure pursuant to this section by |
| 1195 | January 1, 1992, and paid an application fee of $100. |
| 1196 | (b) A licensee pursuant to paragraph (a) may operate a |
| 1197 | wholly owned subsidiary or affiliate for the purpose of |
| 1198 | servicing accounts if the subsidiary or affiliate is operational |
| 1199 | as of September 30, 1991. Such subsidiary or affiliate is not |
| 1200 | required to obtain a separate license, but is subject to all the |
| 1201 | requirements of a licensee under ss. 494.006-494.0077. |
| 1202 | (2) A licensee issued a license pursuant to subsection (1) |
| 1203 | may renew its mortgage lending license if it documents a minimum |
| 1204 | net worth of $25,000, according to United States generally |
| 1205 | accepted accounting principles, which must be continuously |
| 1206 | maintained as a condition to licensure. The office shall require |
| 1207 | an audited financial statement which documents such net worth. |
| 1208 | (3) The commission may prescribe by rule forms and |
| 1209 | procedures for application for licensure, and amendment and |
| 1210 | withdrawal of application for licensure, or transfer, including |
| 1211 | any existing branch offices, in accordance with subsections (4) |
| 1212 | and (5), and for renewal of licensure of licensees under this |
| 1213 | section. The office may require each applicant to provide any |
| 1214 | information reasonably necessary to determine the applicant's |
| 1215 | eligibility for licensure. An application is considered received |
| 1216 | for purposes of s. 120.60 upon receipt of a completed |
| 1217 | application form as prescribed by commission rule, a |
| 1218 | nonrefundable application fee of $500, and any other fee |
| 1219 | prescribed by law. |
| 1220 | (4)(a) Notwithstanding ss. 494.0061(5) and 494.0067(2)(3), |
| 1221 | the ultimate equitable owner, as of the effective date of this |
| 1222 | act, of a mortgage lender licensed under this section may |
| 1223 | transfer, one time, at least 50 percent of the ownership, |
| 1224 | control, or power to vote any class of equity securities of such |
| 1225 | mortgage lender, except as provided in paragraph (b). For |
| 1226 | purposes of this subsection, satisfaction of the amount of the |
| 1227 | ownership transferred may be met in multiple transactions or in |
| 1228 | a single transaction. |
| 1229 | (b) A person who is an ultimate equitable owner on the |
| 1230 | effective date of this act may transfer, at any time, at least |
| 1231 | 50 percent of the ownership, control, or power to vote any class |
| 1232 | of equity securities of such person to the person's spouse or |
| 1233 | child, and any such transferee may transfer, at any time, such |
| 1234 | ownership, control, or power to vote to a spouse or child of |
| 1235 | such transferee, in perpetuity. |
| 1236 | (c) For any transfer application filed on or after October |
| 1237 | 1, 2006: |
| 1238 | 1. An applicant must provide proof that the applicant's |
| 1239 | principal representative has completed 24 hours of instruction |
| 1240 | in primary and subordinate financing transactions and in the |
| 1241 | provisions of this chapter and rules adopted under this chapter. |
| 1242 | This requirement is satisfied if the principal representative |
| 1243 | has continuously served in the capacity of a principal |
| 1244 | representative for a licensed entity under this chapter for at |
| 1245 | least 1 year and has not had a lapse in designation as a |
| 1246 | principal representative of more than 2 years before the date of |
| 1247 | the submission of the application or amendment in the case of a |
| 1248 | change in the principal representative. This requirement is also |
| 1249 | satisfied if the principal representative holds an active |
| 1250 | license as a mortgage broker in this state. |
| 1251 | 2. An applicant's principal representative must pass a |
| 1252 | written test prescribed by the commission and administered by |
| 1253 | the office, or must pass an electronic test prescribed by the |
| 1254 | commission and administered by the office or a third party |
| 1255 | approved by the office, which covers primary and subordinate |
| 1256 | mortgage financing transactions and the provisions of this |
| 1257 | chapter and rules adopted under this chapter. The commission may |
| 1258 | set by rule a fee not to exceed $100 for the electronic version |
| 1259 | of the mortgage broker test. The commission may waive by rule |
| 1260 | the examination requirement for any person who has passed a test |
| 1261 | approved by the Conference of State Bank Supervisors, the |
| 1262 | American Association of Residential Mortgage Regulators, or the |
| 1263 | United States Department of Housing and Urban Development if the |
| 1264 | test covers primary and subordinate mortgage financing |
| 1265 | transactions. This requirement is satisfied if the principal |
| 1266 | representative has continuously served in the capacity of a |
| 1267 | principal representative for a licensed entity under this |
| 1268 | chapter for at least 1 year and has not had a lapse in |
| 1269 | designation as a principal representative of more than 2 years |
| 1270 | before the date of the submission of the application or |
| 1271 | amendment in the case of a change in the principal |
| 1272 | representative. This requirement is also satisfied if the |
| 1273 | principal representative holds an active license as a mortgage |
| 1274 | broker in this state. |
| 1275 | (5) Each initial application for a transfer must be in the |
| 1276 | form prescribed by rule of the commission. The commission or |
| 1277 | office may require each applicant for any transfer to provide |
| 1278 | any information reasonably necessary to make a determination of |
| 1279 | the applicant's eligibility for licensure. The office shall |
| 1280 | issue the transfer of licensure to any person who submits the |
| 1281 | following documentation at least 90 days prior to the |
| 1282 | anticipated transfer: |
| 1283 | (a) A completed application form. |
| 1284 | (b) A nonrefundable fee set by rule of the commission in |
| 1285 | the amount of $500. An application is considered received for |
| 1286 | purposes of s. 120.60 upon receipt of a completed application |
| 1287 | form as prescribed by commission rule, a nonrefundable |
| 1288 | application fee of $500, and any other fee prescribed by law. |
| 1289 | (c) Audited financial statements that substantiate that |
| 1290 | the applicant has a bona fide and verifiable net worth, |
| 1291 | according to United States generally accepted accounting |
| 1292 | principles, of at least $25,000, which must be continuously |
| 1293 | maintained as a condition of licensure. |
| 1294 | (d) Documentation that the applicant is incorporated, |
| 1295 | registered, or otherwise formed as a general partnership, |
| 1296 | limited partnership, limited liability company, or other lawful |
| 1297 | entity under the laws of this state or another state of the |
| 1298 | United States. |
| 1299 | (e) A complete set of fingerprints as the commission |
| 1300 | requires by rule for or office may require that each designated |
| 1301 | principal representative, officer, director, control person, |
| 1302 | member, partner, or joint venturer of the applicant and the |
| 1303 | ultimate equitable owner of a 10-percent or greater interest in |
| 1304 | the applicant. A fingerprint card submitted to the office must |
| 1305 | be submit a complete set of fingerprints taken by an authorized |
| 1306 | law enforcement agency officer. The office shall submit the |
| 1307 | fingerprints to the Department of Law Enforcement for state |
| 1308 | processing and the Department of Law Enforcement shall forward |
| 1309 | the fingerprints to the Federal Bureau of Investigation for |
| 1310 | federal processing. The cost of the fingerprint processing may |
| 1311 | be borne by the office, the employer, or the person subject to |
| 1312 | the background check. The Department of Law Enforcement shall |
| 1313 | submit an invoice to the office for the fingerprints received |
| 1314 | each month. The office shall screen the background results to |
| 1315 | determine if the applicant meets licensure requirements. |
| 1316 | (f) Information that the commission requires by rule |
| 1317 | concerning any designated principal representative; any officer, |
| 1318 | director, control person, member, partner, or joint venturer of |
| 1319 | the applicant or any person having the same or substantially |
| 1320 | similar status or performing substantially similar functions; or |
| 1321 | any individual who is the ultimate equitable owner of a 10- |
| 1322 | percent or greater interest in the mortgage lender. The |
| 1323 | commission may require information concerning such applicant or |
| 1324 | person, including, but not limited to, his or her full name and |
| 1325 | any other names by which he or she may have been known, age, |
| 1326 | social security number, qualifications and educational and |
| 1327 | business history, and disciplinary and criminal history. |
| 1328 | (6) Notwithstanding subsection (5), a transfer under |
| 1329 | subsection (4) may be denied if the applicant; designated |
| 1330 | principal representative;, any principal officer, or director, |
| 1331 | control person, member, partner, or joint venturer of the |
| 1332 | applicant;, or any natural person owning a 10-percent or greater |
| 1333 | interest in the applicant has committed any violation specified |
| 1334 | in s. 494.0072, or has entered a plea of nolo contendere, |
| 1335 | regardless of adjudication, or has an action pending against the |
| 1336 | applicant in any criminal prosecution or administrative |
| 1337 | enforcement action, in any jurisdiction, which involves fraud, |
| 1338 | dishonest dealing, or any act of moral turpitude. |
| 1339 | (7) A license issued in accordance with this section is |
| 1340 | not transferable or assignable except as provided in subsection |
| 1341 | (4). |
| 1342 | (8) Each person applying for a transfer of any branch |
| 1343 | office pursuant to subsection (4) must comply with the |
| 1344 | requirements of s. 494.0066. |
| 1345 | (9) Each mortgage lender shall designate a principal |
| 1346 | representative who exercises control over the business and shall |
| 1347 | keep the designation current on a form prescribed by commission |
| 1348 | rule designating the principal representative. If the |
| 1349 | information on the form is not kept current, the business is |
| 1350 | considered to be operated by each officer, director, or |
| 1351 | equitable owner of a 10-percent or greater interest in the |
| 1352 | business. |
| 1353 | (10) A lender shall notify the office of any change in the |
| 1354 | designation of its principal representative within 30 days after |
| 1355 | the change is effective. A new principal representative must |
| 1356 | satisfy the educational and testing requirements of this section |
| 1357 | within 90 days after being designated as the new principal |
| 1358 | representative. This requirement is satisfied if the principal |
| 1359 | representative has continuously served in the capacity of a |
| 1360 | principal representative for a licensed entity under this |
| 1361 | chapter for at least 1 year and has not had a lapse in |
| 1362 | designation as a principal representative of more than 2 years |
| 1363 | before the date of the submission of the application or |
| 1364 | amendment in the case of a change in the principal |
| 1365 | representative. This requirement is also satisfied if the |
| 1366 | principal representative currently holds an active license as a |
| 1367 | mortgage broker in this state. |
| 1368 | Section 19. Subsection (2) of section 494.0066, Florida |
| 1369 | Statutes, is amended to read: |
| 1370 | 494.0066 Branch offices.-- |
| 1371 | (2) The office shall issue a branch office license to a |
| 1372 | licensee licensed under ss. 494.006-494.0077 after the office |
| 1373 | determines that the licensee has submitted upon receipt of a |
| 1374 | completed branch office application form as prescribed by rule |
| 1375 | by the commission and an initial nonrefundable branch office |
| 1376 | license fee of $325. The branch office application must include |
| 1377 | the name and license number of the licensee under ss. 494.006- |
| 1378 | 494.0077, the name of the licensee's employee in charge of the |
| 1379 | branch office, and the address of the branch office. The branch |
| 1380 | office license shall be issued in the name of the licensee under |
| 1381 | ss. 494.006-494.0077 and must be renewed in conjunction with the |
| 1382 | license renewal. |
| 1383 | Section 20. Section 494.0067, Florida Statutes, is amended |
| 1384 | to read: |
| 1385 | 494.0067 Requirements of licensees under ss. 494.006- |
| 1386 | 494.0077.-- |
| 1387 | (1) Each license of a mortgage lender, correspondent |
| 1388 | mortgage lender, or branch office shall be prominently displayed |
| 1389 | in the office for which it is issued. |
| 1390 | (1)(2) Each licensee under ss. 494.006-494.0077 which |
| 1391 | makes mortgage loans on real estate in this state shall transact |
| 1392 | business from a principal place of business. Each principal |
| 1393 | place of business and each branch office shall be operated under |
| 1394 | the full charge, control, and supervision of the licensee under |
| 1395 | ss. 494.006-494.0077. |
| 1396 | (2)(3) A license issued under ss. 494.006-494.0077 is not |
| 1397 | transferable or assignable. |
| 1398 | (3) Each licensee under ss. 494.006-494.0077 shall report, |
| 1399 | on a form prescribed by rule of the commission, any change in |
| 1400 | the information contained in any initial application form, or |
| 1401 | any amendment thereto, not later than 30 days after the change |
| 1402 | is effective. |
| 1403 | (4) Each licensee under ss. 494.006-494.0077 shall report |
| 1404 | any changes in the partners, officers, members, joint venturers, |
| 1405 | directors, or control persons of any licensee or changes in the |
| 1406 | form of business organization by written amendment in such form |
| 1407 | and at such time that the commission specifies by rule. |
| 1408 | (a) In any case in which a person or a group of persons, |
| 1409 | directly or indirectly or acting by or through one or more |
| 1410 | persons, proposes to purchase or acquire a controlling interest |
| 1411 | in a licensee, such person or group must submit an initial |
| 1412 | application for licensure as a mortgage lender or correspondent |
| 1413 | mortgage lender before such purchase or acquisition and at the |
| 1414 | time and in the form prescribed by the commission by rule. |
| 1415 | (b) As used in this subsection, the term "controlling |
| 1416 | interest" means possession of the power to direct or cause the |
| 1417 | direction of the management or policies of a company whether |
| 1418 | through ownership of securities, by contract, or otherwise. Any |
| 1419 | person who directly or indirectly has the right to vote 25 |
| 1420 | percent or more of the voting securities of a company or who is |
| 1421 | entitled to 25 percent or more of the company's profits is |
| 1422 | presumed to possess a controlling interest. |
| 1423 | (c) Any addition of a designated principal representative, |
| 1424 | partner, officer, member, joint venturer, director, or control |
| 1425 | person of the applicant who does not have a controlling interest |
| 1426 | and who has not previously complied with the provisions of s. |
| 1427 | 494.0061(2)(g) and (h), s. 494.0062(2)(g) and (h), or s. |
| 1428 | 494.0065(5)(e) and (f) shall be subject to such provisions |
| 1429 | unless required to file an initial application in accordance |
| 1430 | with paragraph (a). If the office determines that the licensee |
| 1431 | does not continue to meet licensure requirements, the office may |
| 1432 | bring administrative action in accordance with s. 494.0072 to |
| 1433 | enforce the provisions of this section. |
| 1434 | (d) The commission shall adopt rules pursuant to ss. |
| 1435 | 120.536(1) and 120.54 providing for the waiver of the |
| 1436 | application required by this subsection if the person or group |
| 1437 | of persons proposing to purchase or acquire a controlling |
| 1438 | interest in a licensee has previously complied with the |
| 1439 | provisions of s. 494.0061(2)(g) and (h), s. 494.0062(2)(g) and |
| 1440 | (h), or s. 494.0065(5)(e) and (f) with the same legal entity or |
| 1441 | is currently licensed with the office under this chapter. |
| 1442 | (4) The commission or office may require each licensee |
| 1443 | under ss. 494.006-494.0077 to report any change of address of |
| 1444 | the principal place of business, change of address of any branch |
| 1445 | office, or change of principal officer, director, or ultimate |
| 1446 | equitable owner of 10 percent or more of the licensed |
| 1447 | corporation to the office in a form prescribed by rule of the |
| 1448 | commission not later than 30 business days after the change is |
| 1449 | effective. |
| 1450 | (5) Each licensee under ss. 494.006-494.0077 shall report |
| 1451 | in a form prescribed by rule by the commission any indictment, |
| 1452 | information, charge, conviction, plea of nolo contendere, or |
| 1453 | plea of guilty to any crime or administrative violation that |
| 1454 | involves fraud, dishonest dealing, or any other act of moral |
| 1455 | turpitude, in any jurisdiction, by the licensee under ss. |
| 1456 | 494.006-494.0077 or any principal officer, director, or ultimate |
| 1457 | equitable owner of 10 percent or more of the licensed |
| 1458 | corporation, not later than 30 business days after the |
| 1459 | indictment, information, charge, conviction, or final |
| 1460 | administrative action. |
| 1461 | (6) Each licensee under ss. 494.006-494.0077 shall report |
| 1462 | any action in bankruptcy, voluntary or involuntary, to the |
| 1463 | office, not later than 7 business days after the action is |
| 1464 | instituted. |
| 1465 | (7) Each licensee under ss. 494.006-494.0077 shall |
| 1466 | designate a registered agent in this state for service of |
| 1467 | process. |
| 1468 | (8) Each licensee under ss. 494.006-494.0077 shall provide |
| 1469 | an applicant for a mortgage loan a good faith estimate of the |
| 1470 | costs the applicant can reasonably expect to pay in obtaining a |
| 1471 | mortgage loan. The good faith estimate of costs shall be mailed |
| 1472 | or delivered to the applicant within a reasonable time after the |
| 1473 | licensee receives a written loan application from the applicant. |
| 1474 | The estimate of costs may be provided to the applicant by a |
| 1475 | person other than the licensee making the loan. The commission |
| 1476 | may adopt rules that set forth the disclosure requirements of |
| 1477 | this section. |
| 1478 | (9) On or before April 30, 2000, each mortgage lender or |
| 1479 | correspondent mortgage lender shall file an initial report |
| 1480 | stating the full legal name, residential address, social |
| 1481 | security number, date of birth, mortgage broker license number, |
| 1482 | date of hire, and, if applicable, date of termination for each |
| 1483 | person who acted as a loan originator or an associate of the |
| 1484 | mortgage lender or correspondent mortgage lender during the |
| 1485 | immediate preceding quarter. Thereafter, a mortgage lender or |
| 1486 | correspondent mortgage lender shall file a report only if a |
| 1487 | person became or ceased to be a loan originator or an associate |
| 1488 | of the mortgage lender or correspondent mortgage lender during |
| 1489 | the immediate preceding quarter. Such report shall be filed |
| 1490 | within 30 days after the last day of each calendar quarter and |
| 1491 | shall contain the full legal name, residential address, social |
| 1492 | security number, date of birth, date of hire and, if applicable, |
| 1493 | the mortgage broker license number and date of termination of |
| 1494 | each person who became or ceased to be a loan originator or an |
| 1495 | associate of the mortgage lender or correspondent mortgage |
| 1496 | lender during the immediate preceding quarter. The commission |
| 1497 | shall prescribe, by rule, the procedures for filing reports |
| 1498 | required by this subsection. |
| 1499 | (10)(a) Each licensee shall require the principal |
| 1500 | representative and all loan originators or associates who |
| 1501 | perform services for the licensee to complete 14 hours of |
| 1502 | professional continuing education during each biennial license |
| 1503 | period. The education shall cover primary and subordinate |
| 1504 | mortgage financing transactions and the provisions of this |
| 1505 | chapter and the rules adopted under this chapter. |
| 1506 | (b) The licensee shall maintain records of such training |
| 1507 | for a period of 4 years, including records of the content of and |
| 1508 | hours designated for each program and the date and location of |
| 1509 | the program. |
| 1510 | (c) Evidence of completion of such programs shall be |
| 1511 | included with the licensee's renewal application. |
| 1512 | Section 21. Paragraphs (s), (t), and (u) are added to |
| 1513 | subsection (2) of section 494.0072, Florida Statutes, and |
| 1514 | subsection (3) of that section is amended, to read: |
| 1515 | 494.0072 Administrative penalties and fines; license |
| 1516 | violations.-- |
| 1517 | (2) Each of the following acts constitutes a ground for |
| 1518 | which the disciplinary actions specified in subsection (1) may |
| 1519 | be taken: |
| 1520 | (s) Payment to the office for a license or permit with a |
| 1521 | check or electronic transmission of funds that is dishonored by |
| 1522 | the applicant's or licensee's financial institution. |
| 1523 | (t) Having a final judgment entered against the applicant |
| 1524 | or licensee in a civil action upon grounds of fraud, |
| 1525 | embezzlement, misrepresentation, or deceit. |
| 1526 | (u)1. Having been the subject of any decision, finding, |
| 1527 | injunction, suspension, prohibition, revocation, denial, |
| 1528 | judgment, or administrative order by any court of competent |
| 1529 | jurisdiction, administrative law judge, state or federal agency, |
| 1530 | national securities exchange, national commodities exchange, |
| 1531 | national option exchange, national securities association, |
| 1532 | national commodities association, or national option association |
| 1533 | involving a violation of any federal or state securities or |
| 1534 | commodities law, or any rule or regulation adopted under such |
| 1535 | law, or involving a violation of any rule or regulation of any |
| 1536 | national securities, commodities, or options exchange or |
| 1537 | association. |
| 1538 | 2. Having been the subject of any injunction or adverse |
| 1539 | administrative order by a state or federal agency regulating |
| 1540 | banking, insurance, finance or small loan companies, real |
| 1541 | estate, mortgage brokers or lenders, money transmitters, or |
| 1542 | other related or similar industries. |
| 1543 | (3) A mortgage lender or correspondent mortgage lender is |
| 1544 | subject to the disciplinary actions specified in subsection (1) |
| 1545 | if any officer, member, director, control person, joint |
| 1546 | venturer, or ultimate equitable owner of a 10-percent or greater |
| 1547 | interest in the mortgage lender or correspondent mortgage |
| 1548 | lender, associate, or employee of the mortgage lender or |
| 1549 | correspondent mortgage lender violates any provision of |
| 1550 | subsection (2). |
| 1551 | Section 22. Subsection (2) of section 494.00721, Florida |
| 1552 | Statutes, is amended to read: |
| 1553 | 494.00721 Net worth.-- |
| 1554 | (2) If a mortgage lender or correspondent mortgage lender |
| 1555 | fails to satisfy the net worth requirements, the mortgage lender |
| 1556 | or correspondent mortgage lender shall immediately cease taking |
| 1557 | any new mortgage loan applications. Thereafter, the mortgage |
| 1558 | lender or correspondent mortgage lender shall have up to 60 days |
| 1559 | within which to satisfy the net worth requirements. If the |
| 1560 | licensee makes the office aware, prior to an examination, that |
| 1561 | the licensee no longer meets the net worth requirements, the |
| 1562 | mortgage lender or correspondent mortgage lender shall have 120 |
| 1563 | days within which to satisfy the net worth requirements. A |
| 1564 | mortgage lender or correspondent mortgage lender shall not |
| 1565 | resume acting as a mortgage lender or correspondent mortgage |
| 1566 | lender without written authorization from the office, which |
| 1567 | authorization shall be granted if the mortgage lender or |
| 1568 | correspondent mortgage lender provides the office with |
| 1569 | documentation which satisfies the requirements of s. |
| 1570 | 494.0061(2)(1)(c), s. 494.0062(2)(1)(c), or s. 494.0065(2), |
| 1571 | whichever is applicable. |
| 1572 | Section 23. Paragraph (c) of subsection (3) of section |
| 1573 | 501.137, Florida Statutes, is amended to read: |
| 1574 | 501.137 Mortgage lenders; tax and insurance payments from |
| 1575 | escrow accounts; duties.-- |
| 1576 | (3) |
| 1577 | (c) If the lender violates paragraph (a) and the premium |
| 1578 | payment is more than 90 days overdue or if the insurer refuses |
| 1579 | to reinstate the insurance policy, the lender shall pay the |
| 1580 | difference between the cost of the previous insurance policy and |
| 1581 | a new, comparable insurance policy for a period of 2 years. If |
| 1582 | the lender refuses, the lender is liable for the reasonable |
| 1583 | attorney's fees and costs of the property owner for a violation |
| 1584 | of this section. |
| 1585 | Section 24. Subsection (8) is added to section 516.01, |
| 1586 | Florida Statutes, to read: |
| 1587 | 516.01 Definitions.--As used in this chapter, the term: |
| 1588 | (8) "Control person" means an individual, partnership, |
| 1589 | corporation, trust, or other organization that possesses the |
| 1590 | power, directly or indirectly, to direct the management or |
| 1591 | policies of a company, whether through ownership of securities, |
| 1592 | by contract, or otherwise. A person is presumed to control a |
| 1593 | company if, with respect to a particular company, that person: |
| 1594 | (a) Is a director, general partner, or officer exercising |
| 1595 | executive responsibility or having similar status or functions; |
| 1596 | (b) Directly or indirectly may vote 10 percent or more of |
| 1597 | a class of a voting security or sell or direct the sale of 10 |
| 1598 | percent or more of a class of voting securities; or |
| 1599 | (c) In the case of a partnership, may receive upon |
| 1600 | dissolution or has contributed 10 percent or more of the |
| 1601 | capital. |
| 1602 | Section 25. Section 516.03, Florida Statutes, is amended |
| 1603 | to read: |
| 1604 | 516.03 Application for license; fees; etc.-- |
| 1605 | (1) APPLICATION.--Application for a license to make loans |
| 1606 | under this chapter shall be in the form prescribed by rule of |
| 1607 | the commission. The commission may require each applicant to |
| 1608 | provide any information reasonably necessary to determine the |
| 1609 | applicant's eligibility for licensure. The applicant shall also |
| 1610 | provide information that the office requires concerning any |
| 1611 | officer, director, control person, member, partner, or joint |
| 1612 | venturer of the applicant or any person having the same or |
| 1613 | substantially similar status or performing substantially similar |
| 1614 | functions or concerning any individual who is the ultimate |
| 1615 | equitable owner of a 10-percent or greater interest in the |
| 1616 | applicant. The office may require information concerning any |
| 1617 | such applicant or person, including, but not limited to, his or |
| 1618 | her full name and any other names by which he or she may have |
| 1619 | been known, age, social security number, residential history, |
| 1620 | qualifications, educational and business history, and |
| 1621 | disciplinary and criminal history. The applicant must provide |
| 1622 | evidence of liquid assets of at least $25,000, and shall contain |
| 1623 | the name, residence and business addresses of the applicant and, |
| 1624 | if the applicant is a copartnership or association, of every |
| 1625 | member thereof and, if a corporation, of each officer and |
| 1626 | director thereof, also the county and municipality with the |
| 1627 | street and number or approximate location where the business is |
| 1628 | to be conducted, and such further relevant information as the |
| 1629 | commission or office may require. At the time of making such |
| 1630 | application the applicant shall pay to the office a |
| 1631 | nonrefundable biennial license fee of $625. Applications, except |
| 1632 | for applications to renew or reactivate a license, must also be |
| 1633 | accompanied by a nonrefundable an investigation fee of $200. An |
| 1634 | application is considered received for purposes of s. 120.60 |
| 1635 | upon receipt of a completed application form as prescribed by |
| 1636 | commission rule, a nonrefundable application fee of $625, and |
| 1637 | any other fee prescribed by law. The commission may adopt rules |
| 1638 | requiring to allow electronic submission of any form, document, |
| 1639 | or fee required by this act if such rules reasonably accommodate |
| 1640 | technological or financial hardship. The commission may |
| 1641 | prescribe by rule requirements and procedures for obtaining an |
| 1642 | exemption due to a technological or financial hardship. |
| 1643 | (2) FEES.--Fees herein provided for in this section shall |
| 1644 | be collected by the office and shall be turned into the State |
| 1645 | Treasury to the credit of the regulatory trust fund under the |
| 1646 | office. The office shall have full power to employ such |
| 1647 | examiners or clerks to assist the office as may from time to |
| 1648 | time be deemed necessary and fix their compensation. The |
| 1649 | commission may adopt rules requiring to allow electronic |
| 1650 | submission of any fee required by this section if such rules |
| 1651 | reasonably accommodate technological or financial hardship. The |
| 1652 | commission may prescribe by rule requirements and procedures for |
| 1653 | obtaining an exemption due to a technological or financial |
| 1654 | hardship. |
| 1655 | Section 26. Paragraph (a) of subsection (3) of section |
| 1656 | 516.031, Florida Statutes, is amended to read: |
| 1657 | 516.031 Finance charge; maximum rates.-- |
| 1658 | (3) OTHER CHARGES.-- |
| 1659 | (a) In addition to the interest, delinquency, and |
| 1660 | insurance charges herein provided for, no further or other |
| 1661 | charges or amount whatsoever for any examination, service, |
| 1662 | commission, or other thing or otherwise shall be directly or |
| 1663 | indirectly charged, contracted for, or received as a condition |
| 1664 | to the grant of a loan, except: |
| 1665 | 1. An amount not to exceed $25 $10 to reimburse a portion |
| 1666 | of the costs for investigating the character and credit of the |
| 1667 | person applying for the loan; |
| 1668 | 2. An annual fee of $25 on the anniversary date of each |
| 1669 | line-of-credit account; |
| 1670 | 3. Charges paid for brokerage fee on a loan or line of |
| 1671 | credit of more than $10,000, title insurance, and the appraisal |
| 1672 | of real property offered as security when paid to a third party |
| 1673 | and supported by an actual expenditure; |
| 1674 | 4. Intangible personal property tax on the loan note or |
| 1675 | obligation when secured by a lien on real property; |
| 1676 | 5. The documentary excise tax and lawful fees, if any, |
| 1677 | actually and necessarily paid out by the licensee to any public |
| 1678 | officer for filing, recording, or releasing in any public office |
| 1679 | any instrument securing the loan, which fees may be collected |
| 1680 | when the loan is made or at any time thereafter; |
| 1681 | 6. The premium payable for any insurance in lieu of |
| 1682 | perfecting any security interest otherwise required by the |
| 1683 | licensee in connection with the loan, if the premium does not |
| 1684 | exceed the fees which would otherwise be payable, which premium |
| 1685 | may be collected when the loan is made or at any time |
| 1686 | thereafter; |
| 1687 | 7. Actual and reasonable attorney's fees and court costs |
| 1688 | as determined by the court in which suit is filed; |
| 1689 | 8. Actual and commercially reasonable expenses of |
| 1690 | repossession, storing, repairing and placing in condition for |
| 1691 | sale, and selling of any property pledged as security; or |
| 1692 | 9. A delinquency charge not to exceed $10 for each payment |
| 1693 | in default for a period of not less than 10 days, if the charge |
| 1694 | is agreed upon, in writing, between the parties before imposing |
| 1695 | the charge. |
| 1696 |
|
| 1697 | Any charges, including interest, in excess of the combined total |
| 1698 | of all charges authorized and permitted by this chapter |
| 1699 | constitute a violation of chapter 687 governing interest and |
| 1700 | usury, and the penalties of that chapter apply. In the event of |
| 1701 | a bona fide error, the licensee shall refund or credit the |
| 1702 | borrower with the amount of the overcharge immediately but |
| 1703 | within 20 days from the discovery of such error. |
| 1704 | Section 27. Section 516.05, Florida Statutes, is amended |
| 1705 | to read: |
| 1706 | 516.05 License.-- |
| 1707 | (1) Upon the filing of an application for a license and |
| 1708 | payment of all applicable fees, the office shall, unless the |
| 1709 | application is to renew or reactivate an existing license, make |
| 1710 | an investigation of the facts concerning the applicant's |
| 1711 | background proposed activities. If the office determines that a |
| 1712 | license should be granted, it shall issue the license for a |
| 1713 | period not to exceed 2 years. Biennial licensure periods and |
| 1714 | procedures for renewal of licenses shall be established by the |
| 1715 | rule of the commission. If the office determines that grounds |
| 1716 | exist under this chapter for denial of an application other than |
| 1717 | an application to renew a license, it shall deny such |
| 1718 | application, return to the applicant the sum paid as a license |
| 1719 | fee, and retain the investigation fee. |
| 1720 | (2) A license that is not renewed at the end of the |
| 1721 | biennium established by the commission shall automatically |
| 1722 | revert to inactive status. An inactive license may be |
| 1723 | reactivated upon submission of a completed reactivation |
| 1724 | application, payment of the biennial license fee, and payment of |
| 1725 | a reactivation fee which shall equal the biennial license fee. A |
| 1726 | license expires on the date at which it has been inactive for 6 |
| 1727 | months. |
| 1728 | (3) Only one place of business for the purpose of making |
| 1729 | loans under this chapter may be maintained under one license, |
| 1730 | but the office may issue additional licenses to a licensee upon |
| 1731 | compliance with all the provisions of this chapter governing |
| 1732 | issuance of a single license. |
| 1733 | (4) Each licensee shall report, on a form prescribed by |
| 1734 | rule of the commission, any change to the information contained |
| 1735 | in any initial application form or any amendment to such |
| 1736 | application not later than 30 days after the change is |
| 1737 | effective. |
| 1738 | (5) Each licensee shall report any changes in the |
| 1739 | partners, officers, members, joint venturers, directors, or |
| 1740 | control persons of any licensee, or changes in the form of |
| 1741 | business organization, by written amendment in such form and at |
| 1742 | such time as the commission specifies by rule. |
| 1743 | (a) In any case in which a person or a group of persons, |
| 1744 | directly or indirectly or acting by or through one or more |
| 1745 | persons, proposes to purchase or acquire a controlling interest |
| 1746 | in a licensee, such person or group must submit an initial |
| 1747 | application for licensure before such purchase or acquisition at |
| 1748 | such time and in such form as the commission prescribes by rule. |
| 1749 | (b) As used in this subsection, the term "controlling |
| 1750 | interest" means possession of the power to direct or cause the |
| 1751 | direction of the management or policies of a company whether |
| 1752 | through ownership of securities, by contract, or otherwise. Any |
| 1753 | person who directly or indirectly has the right to vote 25 |
| 1754 | percent or more of the voting securities of a company or is |
| 1755 | entitled to 25 percent or more of the company's profits is |
| 1756 | presumed to possess a controlling interest. |
| 1757 | (c) Any addition of a partner, officer, member, joint |
| 1758 | venturer, director, or control person of the applicant who does |
| 1759 | not have a controlling interest and who has not previously |
| 1760 | complied with the provisions of s. 516.03(1) shall be subject to |
| 1761 | such provisions unless required to file an initial application |
| 1762 | in accordance with paragraph (a). If the office determines that |
| 1763 | the licensee does not continue to meet licensure requirements, |
| 1764 | the office may bring administrative action in accordance with s. |
| 1765 | 516.07 to enforce the provisions of this chapter. |
| 1766 | (d) The commission shall adopt rules pursuant to ss. |
| 1767 | 120.536(1) and 120.54 providing for the waiver of the |
| 1768 | application required by this subsection if the person or group |
| 1769 | of persons proposing to purchase or acquire a controlling |
| 1770 | interest in a licensee has previously complied with the |
| 1771 | provisions of s. 516.03(1) with the same legal entity or is |
| 1772 | currently licensed with the office under this chapter. |
| 1773 | (4) Prior to relocating his or her place of business, a |
| 1774 | licensee must file with the office, in the manner prescribed by |
| 1775 | commission rule, notice of the relocation. |
| 1776 | (6)(5) A licensee may conduct the business of making loans |
| 1777 | under this chapter within a place of business in which other |
| 1778 | business is solicited or engaged in, unless the office shall |
| 1779 | find that the conduct of such other business by the licensee |
| 1780 | results in an evasion of this chapter. Upon such finding, the |
| 1781 | office shall order the licensee to desist from such evasion; |
| 1782 | provided, however, that no license shall be granted to or |
| 1783 | renewed for any person or organization engaged in the pawnbroker |
| 1784 | business. |
| 1785 | (6) If any person purchases substantially all of the |
| 1786 | assets of any existing licensed place of business, the purchaser |
| 1787 | shall give immediate notice thereof to the office and shall be |
| 1788 | granted a 90-day temporary license for the place of business |
| 1789 | within 10 days after the office's receipt of an application for |
| 1790 | a permanent license. Issuance of a temporary license for a place |
| 1791 | of business nullifies the existing license for the place of |
| 1792 | business, and the temporary licensee is subject to any |
| 1793 | disciplinary action provided for by this chapter. |
| 1794 | (7) Licenses are not transferable or assignable. A |
| 1795 | licensee may invalidate any license by delivering it to the |
| 1796 | office with a written notice of the delivery, but such delivery |
| 1797 | does not affect any civil or criminal liability or the authority |
| 1798 | to enforce this chapter for acts committed in violation thereof. |
| 1799 | (8) The office may refuse to process an initial |
| 1800 | application for a license if the applicant or any person with |
| 1801 | power to direct the management or policies of the applicant's |
| 1802 | business is the subject of a pending criminal prosecution in any |
| 1803 | jurisdiction until conclusion of such criminal prosecution. |
| 1804 | (9) A licensee that is the subject of a voluntary or |
| 1805 | involuntary bankruptcy filing must report such filing to the |
| 1806 | office within 7 business days after the filing date. |
| 1807 | Section 28. Subsection (1) of section 516.07, Florida |
| 1808 | Statutes, is amended to read: |
| 1809 | 516.07 Grounds for denial of license or for disciplinary |
| 1810 | action.-- |
| 1811 | (1) The following acts are violations of this chapter and |
| 1812 | constitute grounds for denial of an application for a license to |
| 1813 | make consumer finance loans and grounds for any of the |
| 1814 | disciplinary actions specified in subsection (2): |
| 1815 | (a) A material misstatement of fact in an application for |
| 1816 | a license.; |
| 1817 | (b) Failure to maintain liquid assets of at least $25,000 |
| 1818 | at all times for the operation of business at a licensed |
| 1819 | location or proposed location.; |
| 1820 | (c) Failure to demonstrate financial responsibility, |
| 1821 | experience, character, or general fitness, such as to command |
| 1822 | the confidence of the public and to warrant the belief that the |
| 1823 | business operated at the licensed or proposed location is |
| 1824 | lawful, honest, fair, efficient, and within the purposes of this |
| 1825 | chapter.; |
| 1826 | (d) The violation, either knowingly or without the |
| 1827 | exercise of due care, of any provision of this chapter, any rule |
| 1828 | or order adopted under this chapter, or any written agreement |
| 1829 | entered into with the office.; |
| 1830 | (e) Any act of fraud, misrepresentation, or deceit, |
| 1831 | regardless of reliance by or damage to a borrower, or any |
| 1832 | illegal activity, where such acts are in connection with a loan |
| 1833 | under this chapter. Such acts include, but are not limited to: |
| 1834 | 1. Willful imposition of illegal or excessive charges; or |
| 1835 | 2. Misrepresentation, circumvention, or concealment of any |
| 1836 | matter required to be stated or furnished to a borrower.; |
| 1837 | (f) The use of unreasonable collection practices or of |
| 1838 | false, deceptive, or misleading advertising, where such acts are |
| 1839 | in connection with the operation of a business to make consumer |
| 1840 | finance loans.; |
| 1841 | (g) Any violation of part III of chapter 817 or part II of |
| 1842 | chapter 559 or of any rule adopted under part II of chapter |
| 1843 | 559.; |
| 1844 | (h) Failure to maintain, preserve, and keep available for |
| 1845 | examination, all books, accounts, or other documents required by |
| 1846 | this chapter, by any rule or order adopted under this chapter, |
| 1847 | or by any agreement entered into with the office.; |
| 1848 | (i) Refusal to permit inspection of books and records in |
| 1849 | an investigation or examination by the office or refusal to |
| 1850 | comply with a subpoena issued by the office.; |
| 1851 | (j) Pleading nolo contendere to, or having been convicted |
| 1852 | or found guilty of, a crime involving fraud, dishonest dealing, |
| 1853 | or any act of moral turpitude, regardless of whether |
| 1854 | adjudication is withheld.; |
| 1855 | (k) Paying money or anything else of value, directly or |
| 1856 | indirectly, to any person as compensation, inducement, or reward |
| 1857 | for referring loan applicants to a licensee.; |
| 1858 | (l) Allowing any person other than the licensee to use the |
| 1859 | licensee's business name, address, or telephone number in an |
| 1860 | advertisement.; |
| 1861 | (m) Accepting or advertising that the licensee accepts |
| 1862 | money on deposit or as consideration for the issuance or |
| 1863 | delivery of certificates of deposit, savings certificates, or |
| 1864 | similar instruments, except to the extent permitted under |
| 1865 | chapter 517.; or |
| 1866 | (n) Failure to pay any fee, charge, or fine imposed or |
| 1867 | assessed pursuant to this chapter or any rule adopted under this |
| 1868 | chapter. |
| 1869 | (o) Using the name or logo of a financial institution, as |
| 1870 | defined in s. 655.005(1), or its affiliates or subsidiaries when |
| 1871 | marketing or soliciting existing or prospective customers if |
| 1872 | such marketing materials are used without the written consent of |
| 1873 | the financial institution and in a manner that would lead a |
| 1874 | reasonable person to believe that the material or solicitation |
| 1875 | originated from, was endorsed by, or is related to or the |
| 1876 | responsibility of the financial institution or its affiliates or |
| 1877 | subsidiaries. |
| 1878 | (p) Payment to the office for a license or permit with a |
| 1879 | check or electronic transmission of funds that is dishonored by |
| 1880 | the applicant's or licensee's financial institution. |
| 1881 | Section 29. Section 516.08, Florida Statutes, is repealed. |
| 1882 | Section 30. Subsection (3) is added to section 516.12, |
| 1883 | Florida Statutes, to read: |
| 1884 | 516.12 Records to be kept by licensee.-- |
| 1885 | (3) The commission may prescribe by rule the minimum |
| 1886 | information to be shown in the books, accounts, records, and |
| 1887 | documents of licensees for purposes of enabling the office to |
| 1888 | determine the licensee's compliance with ss. 516.001-516.36. In |
| 1889 | addition, the commission may prescribe by rule the requirements |
| 1890 | for the destruction of books, accounts, records, and documents |
| 1891 | retained by the licensee after completion of the time period |
| 1892 | specified in subsection (1). |
| 1893 | Section 31. Section 516.19, Florida Statutes, is amended |
| 1894 | to read: |
| 1895 | 516.19 Penalties.--Any person who violates any of the |
| 1896 | provisions of s. 516.02, s. 516.031, s. 516.05(3), s. 516.05(4), |
| 1897 | s. 516.05(6)(5), or s. 516.07(1)(e) is guilty of a misdemeanor |
| 1898 | of the first degree, punishable as provided in s. 775.082 or s. |
| 1899 | 775.083. |
| 1900 | Section 32. Subsection (4) of section 517.021, Florida |
| 1901 | Statutes, is amended to read: |
| 1902 | 517.021 Definitions.--When used in this chapter, unless |
| 1903 | the context otherwise indicates, the following terms have the |
| 1904 | following respective meanings: |
| 1905 | (4) "Branch office" means any location in this state of a |
| 1906 | dealer or investment adviser at which one or more associated |
| 1907 | persons regularly conduct the business of rendering investment |
| 1908 | advice or effecting any transactions in, or inducing or |
| 1909 | attempting to induce the purchase or sale of, any security or |
| 1910 | any location that is held out as such. The commission may adopt |
| 1911 | by rule exceptions to this definition for dealers in order to |
| 1912 | maintain consistency with the definition of a branch office used |
| 1913 | by self-regulatory organizations authorized by the Securities |
| 1914 | and Exchange Commission, including, but not limited to, the |
| 1915 | National Association of Securities Dealers or the New York Stock |
| 1916 | Exchange. The commission may adopt by rule exceptions to this |
| 1917 | definition for investment advisers office of a dealer or |
| 1918 | investment adviser located in this state, other than the |
| 1919 | principal office of the dealer or investment adviser, which |
| 1920 | nonprincipal office is owned or controlled by the dealer or |
| 1921 | investment adviser for the purpose of conducting a securities |
| 1922 | business. |
| 1923 | Section 33. Subsection (9) of section 517.051, Florida |
| 1924 | Statutes, is amended to read: |
| 1925 | 517.051 Exempt securities.--The exemptions provided herein |
| 1926 | from the registration requirements of s. 517.07 are |
| 1927 | self-executing and do not require any filing with the office |
| 1928 | prior to claiming such exemption. Any person who claims |
| 1929 | entitlement to any of these exemptions bears the burden of |
| 1930 | proving such entitlement in any proceeding brought under this |
| 1931 | chapter. The registration provisions of s. 517.07 do not apply |
| 1932 | to any of the following securities: |
| 1933 | (9) A security issued by a corporation organized and |
| 1934 | operated exclusively for religious, educational, benevolent, |
| 1935 | fraternal, charitable, or reformatory purposes and not for |
| 1936 | pecuniary profit, no part of the net earnings of which |
| 1937 | corporation inures to the benefit of any private stockholder or |
| 1938 | individual, or any security of a fund that is excluded from the |
| 1939 | definition of an investment company under s. 3(c)(10)(B) of the |
| 1940 | Investment Company Act of 1940; provided that no person shall |
| 1941 | directly or indirectly offer or sell securities under this |
| 1942 | subsection except by an offering circular containing full and |
| 1943 | fair disclosure, as prescribed by the rules of the commission, |
| 1944 | of all material information, including, but not limited to, a |
| 1945 | description of the securities offered and terms of the offering, |
| 1946 | a description of the nature of the issuer's business, a |
| 1947 | statement of the purpose of the offering and the intended |
| 1948 | application by the issuer of the proceeds thereof, and financial |
| 1949 | statements of the issuer prepared in conformance with United |
| 1950 | States generally accepted accounting principles. Section 6(c) of |
| 1951 | the Philanthropy Protection Act of 1995, Pub. L. No. 104-62, |
| 1952 | shall not preempt any provision of this chapter. |
| 1953 | Section 34. Subsection (18) of section 517.061, Florida |
| 1954 | Statutes, is amended to read: |
| 1955 | 517.061 Exempt transactions.--The exemption for each |
| 1956 | transaction listed below is self-executing and does not require |
| 1957 | any filing with the office prior to claiming such exemption. Any |
| 1958 | person who claims entitlement to any of the exemptions bears the |
| 1959 | burden of proving such entitlement in any proceeding brought |
| 1960 | under this chapter. The registration provisions of s. 517.07 do |
| 1961 | not apply to any of the following transactions; however, such |
| 1962 | transactions are subject to the provisions of ss. 517.301, |
| 1963 | 517.311, and 517.312: |
| 1964 | (18) The offer or sale of any security effected by or |
| 1965 | through a person in compliance with registered pursuant to s. |
| 1966 | 517.12(17). |
| 1967 | Section 35. Paragraph (g) of subsection (3) of section |
| 1968 | 517.081, Florida Statutes, is amended to read: |
| 1969 | 517.081 Registration procedure.-- |
| 1970 | (3) The office may require the applicant to submit to the |
| 1971 | office the following information concerning the issuer and such |
| 1972 | other relevant information as the office may in its judgment |
| 1973 | deem necessary to enable it to ascertain whether such securities |
| 1974 | shall be registered pursuant to the provisions of this section: |
| 1975 | (g)1. A specimen copy of the security and a copy of any |
| 1976 | circular, prospectus, advertisement, or other description of |
| 1977 | such securities. |
| 1978 | 2. The commission shall adopt a form for a simplified |
| 1979 | offering circular to be used solely by corporations to register, |
| 1980 | under this section, securities of the corporation that are sold |
| 1981 | in offerings in which the aggregate offering price in any |
| 1982 | consecutive 12-month period does not exceed the amount provided |
| 1983 | in s. 3(b) of the Securities Act of 1933. The following issuers |
| 1984 | shall not be eligible to submit a simplified offering circular |
| 1985 | adopted pursuant to this subparagraph: |
| 1986 | a. An issuer seeking to register securities for resale by |
| 1987 | persons other than the issuer. |
| 1988 | b. An issuer who is subject to any of the |
| 1989 | disqualifications described in 17 C.F.R. s. 230.262, adopted |
| 1990 | pursuant to the Securities Act of 1933, or who has been or is |
| 1991 | engaged or is about to engage in an activity that would be |
| 1992 | grounds for denial, revocation, or suspension under s. 517.111. |
| 1993 | For purposes of this subparagraph, an issuer includes an |
| 1994 | issuer's director, officer, shareholder who owns at least 10 |
| 1995 | percent of the shares of the issuer, promoter, or selling agent |
| 1996 | of the securities to be offered or any officer, director, or |
| 1997 | partner of such selling agent. |
| 1998 | c. An issuer who is a development-stage company that |
| 1999 | either has no specific business plan or purpose or has indicated |
| 2000 | that its business plan is to merge with an unidentified company |
| 2001 | or companies. |
| 2002 | d. An issuer of offerings in which the specific business |
| 2003 | or properties cannot be described. |
| 2004 | e. Any issuer the office determines is ineligible if the |
| 2005 | form would not provide full and fair disclosure of material |
| 2006 | information for the type of offering to be registered by the |
| 2007 | issuer. |
| 2008 | f. Any corporation which has failed to provide the office |
| 2009 | the reports required for a previous offering registered pursuant |
| 2010 | to this subparagraph. |
| 2011 |
|
| 2012 | As a condition precedent to qualifying for use of the simplified |
| 2013 | offering circular, a corporation shall agree to provide the |
| 2014 | office with an annual financial report containing a balance |
| 2015 | sheet as of the end of the issuer's fiscal year and a statement |
| 2016 | of income for such year, prepared in accordance with United |
| 2017 | States generally accepted accounting principles and accompanied |
| 2018 | by an independent accountant's report. If the issuer has more |
| 2019 | than 100 security holders at the end of a fiscal year, the |
| 2020 | financial statements must be audited. Annual financial reports |
| 2021 | must be filed with the office within 90 days after the close of |
| 2022 | the issuer's fiscal year for each of the first 5 years following |
| 2023 | the effective date of the registration. |
| 2024 | Section 36. Subsections (6), (7), (10), (11), (15), and |
| 2025 | (17) of section 517.12, Florida Statutes, are amended to read: |
| 2026 | 517.12 Registration of dealers, associated persons, |
| 2027 | investment advisers, and branch offices.-- |
| 2028 | (6) A dealer, associated person, investment adviser, or |
| 2029 | branch office, in order to obtain registration, must file with |
| 2030 | the office a written application, on a form which the commission |
| 2031 | may by rule prescribe, verified under oath. The commission may |
| 2032 | establish, by rule, procedures for depositing fees and filing |
| 2033 | documents by electronic means provided such procedures provide |
| 2034 | the office with the information and data required by this |
| 2035 | section. Each dealer or investment adviser must also file an |
| 2036 | irrevocable written consent to service of civil process similar |
| 2037 | to that provided for in s. 517.101. The application shall |
| 2038 | contain such information as the commission or office may require |
| 2039 | concerning such matters as: |
| 2040 | (a) The name of the applicant and the address of its |
| 2041 | principal office and each office in this state. |
| 2042 | (b) The applicant's form and place of organization; and, |
| 2043 | if the applicant is a corporation, a copy of its articles of |
| 2044 | incorporation and amendments to the articles of incorporation |
| 2045 | or, if a partnership, a copy of the partnership agreement. |
| 2046 | (c) The applicant's proposed method of doing business and |
| 2047 | financial condition and history, including a certified financial |
| 2048 | statement showing all assets and all liabilities, including |
| 2049 | contingent liabilities of the applicant as of a date not more |
| 2050 | than 90 days prior to the filing of the application. |
| 2051 | (d) The names and addresses of all associated persons of |
| 2052 | the applicant to be employed in this state and the offices to |
| 2053 | which they will be assigned. |
| 2054 | (7) The application shall also contain such information as |
| 2055 | the commission or office may require about the applicant; any |
| 2056 | partner, officer, or director of the applicant or any person |
| 2057 | having a similar status or performing similar functions; any |
| 2058 | person directly or indirectly controlling the applicant; or any |
| 2059 | employee of a dealer or of an investment adviser rendering |
| 2060 | investment advisory services. Each applicant shall file a |
| 2061 | complete set of fingerprints. A fingerprint card submitted to |
| 2062 | the office must be taken by an authorized law enforcement agency |
| 2063 | officer. The office shall submit the Such fingerprints shall be |
| 2064 | submitted to the Department of Law Enforcement for state |
| 2065 | processing and the Department of Law Enforcement shall forward |
| 2066 | the fingerprints to or the Federal Bureau of Investigation for |
| 2067 | state and federal processing. The cost of the fingerprint |
| 2068 | processing may be borne by the office, the employer, or the |
| 2069 | person subject to the background check. The Department of Law |
| 2070 | Enforcement shall submit an invoice to the office for the |
| 2071 | fingerprints received each month. The office shall screen the |
| 2072 | background results to determine if the applicant meets licensure |
| 2073 | requirements. The commission may waive, by rule, the requirement |
| 2074 | that applicants must file a set of fingerprints or the |
| 2075 | requirement that such fingerprints must be processed by the |
| 2076 | Department of Law Enforcement or the Federal Bureau of |
| 2077 | Investigation. The commission or office may require information |
| 2078 | about any such applicant or person concerning such matters as: |
| 2079 | (a) His or her full name, and any other names by which he |
| 2080 | or she may have been known, and his or her age, social security |
| 2081 | number, photograph, qualifications, and educational and business |
| 2082 | history. |
| 2083 | (b) Any injunction or administrative order by a state or |
| 2084 | federal agency, national securities exchange, or national |
| 2085 | securities association involving a security or any aspect of the |
| 2086 | securities business and any injunction or administrative order |
| 2087 | by a state or federal agency regulating banking, insurance, |
| 2088 | finance, or small loan companies, real estate, mortgage brokers, |
| 2089 | or other related or similar industries, which injunctions or |
| 2090 | administrative orders relate to such person. |
| 2091 | (c) His or her conviction of, or plea of nolo contendere |
| 2092 | to, a criminal offense or his or her commission of any acts |
| 2093 | which would be grounds for refusal of an application under s. |
| 2094 | 517.161. |
| 2095 | (d) The names and addresses of other persons of whom the |
| 2096 | office may inquire as to his or her character, reputation, and |
| 2097 | financial responsibility. |
| 2098 | (10) An applicant for registration shall pay an assessment |
| 2099 | fee of $200, in the case of a dealer or investment adviser, or |
| 2100 | $40, in the case of an associated person. The assessment fee of |
| 2101 | an associated person shall be reduced to $30, but only after the |
| 2102 | office determines, by final order, that sufficient funds have |
| 2103 | been allocated to the Securities Guaranty Fund pursuant to s. |
| 2104 | 517.1203 to satisfy all valid claims filed in accordance with s. |
| 2105 | 517.1203(2) and after all amounts payable under any service |
| 2106 | contract entered into by the office pursuant to s. 517.1204, and |
| 2107 | all notes, bonds, certificates of indebtedness, other |
| 2108 | obligations, or evidences of indebtedness secured by such notes, |
| 2109 | bonds, certificates of indebtedness, or other obligations, have |
| 2110 | been paid or provision has been made for the payment of such |
| 2111 | amounts, notes, bonds, certificates of indebtedness, other |
| 2112 | obligations, or evidences of indebtedness. An associated person |
| 2113 | may not having current fingerprint cards filed with the National |
| 2114 | Association of Securities Dealers or a national securities |
| 2115 | exchange registered with the Securities and Exchange Commission |
| 2116 | shall be assessed an additional fee to cover the cost for the |
| 2117 | said fingerprint cards to be processed by the office. Such fee |
| 2118 | shall be determined by rule of the commission. Each dealer and |
| 2119 | each investment adviser shall pay an assessment fee of $100 for |
| 2120 | each office in this state, except its designated principal |
| 2121 | office. Such fees become the revenue of the state, except for |
| 2122 | those assessments provided for under s. 517.131(1) until such |
| 2123 | time as the Securities Guaranty Fund satisfies the statutory |
| 2124 | limits, and are not returnable in the event that registration is |
| 2125 | withdrawn or not granted. |
| 2126 | (11) If the office finds that the applicant is of good |
| 2127 | repute and character and has complied with the provisions of |
| 2128 | this chapter and the rules made pursuant hereto, it shall |
| 2129 | register the applicant. The registration of each dealer, |
| 2130 | investment adviser, branch office, and associated person expires |
| 2131 | will expire on December 31 of the year the registration became |
| 2132 | effective unless the registrant has renewed his or her |
| 2133 | registration on or before that date. The commission may |
| 2134 | establish by rule procedures for renewing the registration of a |
| 2135 | branch office through the Central Registration Depository, and |
| 2136 | the registration of each branch office will expire on March 31, |
| 2137 | of the year in which it became effective unless the registrant |
| 2138 | has renewed its registration on or before that date. |
| 2139 | Registration may be renewed by furnishing such information as |
| 2140 | the commission may require, together with payment of the fee |
| 2141 | required in subsection (10) for dealers, investment advisers, |
| 2142 | associated persons, or branch offices and the payment of any |
| 2143 | amount lawfully due and owing to the office pursuant to any |
| 2144 | order of the office or pursuant to any agreement with the |
| 2145 | office. Any dealer, investment adviser, or associated person |
| 2146 | registrant who has not renewed a registration by the time the |
| 2147 | current registration expires may request reinstatement of such |
| 2148 | registration by filing with the office, on or before January 31 |
| 2149 | of the year following the year of expiration, such information |
| 2150 | as may be required by the commission, together with payment of |
| 2151 | the fee required in subsection (10) for dealers, investment |
| 2152 | advisers, or associated persons and a late fee equal to the |
| 2153 | amount of such fee. Any reinstatement of registration granted by |
| 2154 | the office during the month of January shall be deemed effective |
| 2155 | retroactive to January 1 of that year. |
| 2156 | (15)(a) In order to facilitate uniformity and streamline |
| 2157 | procedures for persons who are subject to registration in |
| 2158 | multiple jurisdictions, the commission may adopt by rule uniform |
| 2159 | forms that have been approved by the Securities and Exchange |
| 2160 | Commission, and any subsequent amendments to such forms, if the |
| 2161 | forms are substantially consistent with the provisions of this |
| 2162 | chapter. Uniform forms that the commission may adopt to |
| 2163 | administer this section include, but are not limited to: |
| 2164 | 1. Form BR, Uniform Branch Office Registration Form, |
| 2165 | adopted October 2005. |
| 2166 | 2. Form U4, Uniform Application for Securities Industry |
| 2167 | Registration or Transfer, adopted October 2005. |
| 2168 | 3. Form U5, Uniform Termination Notice for Securities |
| 2169 | Industry Registration, adopted October 2005. |
| 2170 | 4. Form ADV, Uniform Application for Investment Adviser |
| 2171 | Registration, adopted October 2003. |
| 2172 | 5. Form ADV-W, Notice of Withdrawal from Registration as |
| 2173 | an Investment Adviser, adopted October 2003. |
| 2174 | 6. Form BD, Uniform Application for Broker-Dealer |
| 2175 | Registration, adopted July 1999. |
| 2176 | 7. Form BDW, Uniform Request for Broker-Dealer Withdrawal, |
| 2177 | adopted August 1999. |
| 2178 | (b) In lieu of filing with the office the applications |
| 2179 | specified in subsection (6), the fees required by subsection |
| 2180 | (10), the renewals required by subsection (11), and the |
| 2181 | termination notices required by subsection (12), the commission |
| 2182 | may by rule establish procedures for the deposit of such fees |
| 2183 | and documents with the Central Registration Depository or the |
| 2184 | Investment Adviser Registration Depository of the National |
| 2185 | Association of Securities Dealers, Inc., as developed under |
| 2186 | contract with the North American Securities Administrators |
| 2187 | Association, Inc.; provided, however, that such procedures shall |
| 2188 | provide the office with the information and data as required by |
| 2189 | this section. |
| 2190 | (17)(a) A dealer that is located in Canada, does not have |
| 2191 | an and has no office or other physical presence in this state, |
| 2192 | and has made a notice filing in accordance with this subsection |
| 2193 | is exempt from the registration requirements of this section and |
| 2194 | may, provided the dealer is registered in accordance with this |
| 2195 | section, effect transactions in securities with or for, or |
| 2196 | induce or attempt to induce the purchase or sale of any security |
| 2197 | by: |
| 2198 | 1. A person from Canada who is present temporarily resides |
| 2199 | in this state and with whom the Canadian dealer had a bona fide |
| 2200 | dealer-client relationship before the person entered the United |
| 2201 | States; or |
| 2202 | 2. A person from Canada who is present in a resident of |
| 2203 | this state, and whose transactions are in a self-directed, tax- |
| 2204 | advantaged tax advantage retirement plan in Canada of which the |
| 2205 | person is the holder or contributor. |
| 2206 | (b) A notice filing under this subsection must consist of |
| 2207 | documents the commission by rule requires to be filed, together |
| 2208 | with a consent to service of process and a nonrefundable filing |
| 2209 | fee of $200. The commission may establish by rule procedures for |
| 2210 | the deposit of fees and the filing of documents to be made by |
| 2211 | electronic means, if such procedures provide the office with the |
| 2212 | information and data required by this section An associated |
| 2213 | person who represents a Canadian dealer registered under this |
| 2214 | section may, provided the agent is registered in accordance with |
| 2215 | this section, effect transactions in securities in this state as |
| 2216 | permitted for a dealer, under subsection (a). |
| 2217 | (c) A Canadian dealer may make a notice filing register |
| 2218 | under this subsection if the section provided that such dealer |
| 2219 | provides to the office: |
| 2220 | 1. A notice filing Files an application in the form the |
| 2221 | commission requires by rule required by the jurisdiction in |
| 2222 | which the dealer has a head office. |
| 2223 | 2. Files A consent to service of process. |
| 2224 | 3. Evidence that the Canadian dealer is registered as a |
| 2225 | dealer in good standing in the jurisdiction in which the |
| 2226 | dealer's main office is located from which it is effecting |
| 2227 | transactions into this state and files evidence of such |
| 2228 | registration with the office. |
| 2229 | 4. Evidence that the Canadian dealer is a member of a |
| 2230 | self-regulatory organization or stock exchange in Canada. |
| 2231 | (d) The office may issue a permit to evidence the |
| 2232 | effectiveness of a notice filing for a Canadian dealer. |
| 2233 | (e) A notice filing is effective upon receipt by the |
| 2234 | office. A notice filing expires on December 31 of the year in |
| 2235 | which the filing becomes effective unless the Canadian dealer |
| 2236 | has renewed the filing on or before that date. A Canadian dealer |
| 2237 | may annually renew a notice filing by furnishing to the office |
| 2238 | such information as the office requires together with a renewal |
| 2239 | fee of $200 and the payment of any amount due and owing the |
| 2240 | office pursuant to any agreement with the office. Any Canadian |
| 2241 | dealer who has not renewed a notice filing by the time a current |
| 2242 | notice filing expires may request reinstatement of such notice |
| 2243 | filing by filing with the office, on or before January 31 of the |
| 2244 | year following the year the notice filing expires, such |
| 2245 | information as the commission requires by rule, together with |
| 2246 | the payment of $200 and a late fee of $200. A reinstatement of a |
| 2247 | notice filing granted by the office during the month of January |
| 2248 | is effective retroactively to January 1 of that year. |
| 2249 | (f)(d) An associated person who represents a Canadian |
| 2250 | dealer who has made a notice filing registered under this |
| 2251 | subsection is exempt from the registration requirements of this |
| 2252 | section and may effect section in effecting transactions in |
| 2253 | securities in this state as permitted for a dealer under |
| 2254 | paragraph (a) if such person may register under this section |
| 2255 | provided that such person: |
| 2256 | 1. Files an application in the form required by the |
| 2257 | jurisdiction in which the dealer has its head office. |
| 2258 | 2. is registered in good standing in the jurisdiction from |
| 2259 | which he or she is effecting transactions into this state and |
| 2260 | files evidence of such registration with the office. |
| 2261 | (e) If the office finds that the applicant is of good |
| 2262 | repute and character and has complied with the provisions of |
| 2263 | this chapter, the office shall register the applicant. |
| 2264 | (g)(f) A Canadian dealer who has made a notice filing |
| 2265 | registered under this subsection section shall: |
| 2266 | 1. Maintain its provincial or territorial registration and |
| 2267 | its membership in a self-regulatory organization or stock |
| 2268 | exchange in good standing. |
| 2269 | 2. Provide the office upon request with its books and |
| 2270 | records relating to its business in this state as a dealer. |
| 2271 | 3. Provide the office upon request notice of each civil, |
| 2272 | criminal, or administrative action initiated against the dealer. |
| 2273 | 4. Disclose to its clients in this state that the dealer |
| 2274 | and its associated persons agents are not subject to the full |
| 2275 | regulatory requirements under this chapter. |
| 2276 | 5. Correct any inaccurate information within 30 days |
| 2277 | after, if the information contained in the notice filing |
| 2278 | application form becomes inaccurate for any reason before or |
| 2279 | after the dealer becomes registered. |
| 2280 | (h)(g) An associated person representing of a Canadian |
| 2281 | dealer who has made a notice filing registered under this |
| 2282 | subsection section shall: |
| 2283 | 1. Maintain provincial or territorial registration in good |
| 2284 | standing. |
| 2285 | 2. Provide the office upon request with notice of each |
| 2286 | civil, criminal, or administrative action initiated against such |
| 2287 | person. |
| 2288 | 3. Through the dealer, correct any inaccurate information |
| 2289 | within 30 days, if the information contained in the application |
| 2290 | form becomes inaccurate for any reason before or after the |
| 2291 | associated person becomes registered. |
| 2292 | (i) A notice filing may be terminated by filing notice of |
| 2293 | such termination with the office. Unless another date is |
| 2294 | specified by the Canadian dealer, such notice is effective upon |
| 2295 | receipt of the notice by the office. |
| 2296 | (j) All fees collected under this subsection become the |
| 2297 | revenue of the state, except those assessments provided for |
| 2298 | under s. 517.131(1), until the Securities Guaranty Fund has |
| 2299 | satisfied the statutory limits. Such fees are not returnable if |
| 2300 | a notice filing is withdrawn. |
| 2301 | (h) Renewal applications for Canadian dealers and |
| 2302 | associated persons under this section must be filed before |
| 2303 | December 31 each year. Every applicant for registration or |
| 2304 | renewal registration under this section shall pay the fee for |
| 2305 | dealers and associated persons under this chapter. |
| 2306 | Section 37. Paragraphs (b) and (e) of subsection (3) of |
| 2307 | section 517.131, Florida Statutes, are amended, and subsection |
| 2308 | (5) is added to that section, to read: |
| 2309 | 517.131 Securities Guaranty Fund.-- |
| 2310 | (3) Any person is eligible to seek recovery from the |
| 2311 | Securities Guaranty Fund if: |
| 2312 | (b) Such person has made all reasonable searches and |
| 2313 | inquiries to ascertain whether the judgment debtor possesses |
| 2314 | real or personal property or other assets subject to being sold |
| 2315 | or applied in satisfaction of the judgment, and by her or his |
| 2316 | search the person has discovered no property or assets; or she |
| 2317 | or he has discovered property and assets and has taken all |
| 2318 | necessary action and proceedings for the application thereof to |
| 2319 | the judgment, but the amount thereby realized was insufficient |
| 2320 | to satisfy the judgment. To verify compliance with such |
| 2321 | condition, the office may require such person to have a writ of |
| 2322 | execution be issued upon such judgment, and may further require |
| 2323 | a showing that no personal or real property of the judgment |
| 2324 | debtor liable to be levied upon in complete satisfaction of the |
| 2325 | judgment can be found, or may require an affidavit from the |
| 2326 | claimant setting forth the reasonable searches and inquiries |
| 2327 | undertaken and the result of those searches and inquiries. |
| 2328 | (e) The office waives compliance with the requirements of |
| 2329 | paragraph (a) or paragraph (b). The office may waive such |
| 2330 | compliance if the dealer, investment adviser, or associated |
| 2331 | person which is the subject of the claim filed with the office |
| 2332 | is the subject of any proceeding in which a receiver has been |
| 2333 | appointed by a court of competent jurisdiction. If the office |
| 2334 | waives such compliance, the office may, upon petition by the |
| 2335 | debtor or the court-appointed trustee, examiner, or receiver, |
| 2336 | distribute funds from the Securities Guaranty Fund up to the |
| 2337 | amount allowed under s. 517.141. Any waiver granted pursuant to |
| 2338 | this section shall be considered a judgment for purposes of |
| 2339 | complying with the requirements of this section and of s. |
| 2340 | 517.141. |
| 2341 | (5) The commission may adopt rules pursuant to ss. |
| 2342 | 120.536(1) and 120.54 specifying the procedures for complying |
| 2343 | with subsections (2), (3), and (4), including rules for the form |
| 2344 | of submission and guidelines for the sufficiency and content of |
| 2345 | submissions of notices and claims. |
| 2346 | Section 38. Subsections (2) and (5) of section 517.141, |
| 2347 | Florida Statutes, are amended, and subsection (11) is added to |
| 2348 | that section, to read: |
| 2349 | 517.141 Payment from the fund.-- |
| 2350 | (2) Regardless of the number of claims or claimants |
| 2351 | involved, payments for claims shall be limited in the aggregate |
| 2352 | to $100,000 against any one dealer, investment adviser, or |
| 2353 | associated person. If the total claims exceed the aggregate |
| 2354 | limit of $100,000, the office shall prorate the payment based |
| 2355 | upon the ratio that the person's claim bears to the total claims |
| 2356 | filed. |
| 2357 | (5) If the final judgment that which gave rise to the |
| 2358 | claim is overturned in any appeal or in any collateral |
| 2359 | proceeding, the claimant shall reimburse the fund all amounts |
| 2360 | paid from the fund to the claimant on the claim. If the claimant |
| 2361 | satisfies the judgment specified in s. 517.131(3)(a), the |
| 2362 | claimant shall reimburse the fund all amounts paid from the fund |
| 2363 | to the claimant on the claim. Such reimbursement shall be paid |
| 2364 | to the office within 60 days after the final resolution of the |
| 2365 | appellate or collateral proceedings or the satisfaction of |
| 2366 | judgment, with the 60-day period commencing on the date the |
| 2367 | final order or decision is entered in such proceedings. |
| 2368 | (11) The commission may adopt rules pursuant to ss. |
| 2369 | 120.536(1) and 120.54 specifying procedures for complying with |
| 2370 | this section, including rules for the form of submission and |
| 2371 | guidelines for the sufficiency and content of submissions of |
| 2372 | notices and claims. |
| 2373 | Section 39. Subsection (1) of section 517.161, Florida |
| 2374 | Statutes, is amended to read: |
| 2375 | 517.161 Revocation, denial, or suspension of registration |
| 2376 | of dealer, investment adviser, associated person, or branch |
| 2377 | office.-- |
| 2378 | (1) Registration under s. 517.12 may be denied or any |
| 2379 | registration granted may be revoked, restricted, or suspended by |
| 2380 | the office if the office determines that such applicant or |
| 2381 | registrant: |
| 2382 | (a) Has violated any provision of this chapter or any rule |
| 2383 | or order made under this chapter; |
| 2384 | (b) Has made a material false statement in the application |
| 2385 | for registration; |
| 2386 | (c) Has been guilty of a fraudulent act in connection with |
| 2387 | rendering investment advice or in connection with any sale of |
| 2388 | securities, has been or is engaged or is about to engage in |
| 2389 | making fictitious or pretended sales or purchases of any such |
| 2390 | securities or in any practice involving the rendering of |
| 2391 | investment advice or the sale of securities which is fraudulent |
| 2392 | or in violation of the law; |
| 2393 | (d) Has made a misrepresentation or false statement to, or |
| 2394 | concealed any essential or material fact from, any person in the |
| 2395 | rendering of investment advice or the sale of a security to such |
| 2396 | person; |
| 2397 | (e) Has failed to account to persons interested for all |
| 2398 | money and property received; |
| 2399 | (f) Has not delivered, after a reasonable time, to persons |
| 2400 | entitled thereto securities held or agreed to be delivered by |
| 2401 | the dealer, broker, or investment adviser, as and when paid for, |
| 2402 | and due to be delivered; |
| 2403 | (g) Is rendering investment advice or selling or offering |
| 2404 | for sale securities through any associated person not registered |
| 2405 | in compliance with the provisions of this chapter; |
| 2406 | (h) Has demonstrated unworthiness to transact the business |
| 2407 | of dealer, investment adviser, or associated person; |
| 2408 | (i) Has exercised management or policy control over or |
| 2409 | owned 10 percent or more of the securities of any dealer or |
| 2410 | investment adviser that has been declared bankrupt, or had a |
| 2411 | trustee appointed under the Securities Investor Protection Act; |
| 2412 | or is, in the case of a dealer or investment adviser, insolvent; |
| 2413 | (j) Has been convicted of, or has entered a plea of guilty |
| 2414 | or nolo contendere to, a crime against the laws of this state or |
| 2415 | any other state or of the United States or of any other country |
| 2416 | or government which relates to registration as a dealer, |
| 2417 | investment adviser, issuer of securities, associated person, or |
| 2418 | branch office; which relates to the application for such |
| 2419 | registration; or which involves moral turpitude or fraudulent or |
| 2420 | dishonest dealing; |
| 2421 | (k) Has had a final judgment entered against her or him in |
| 2422 | a civil action upon grounds of fraud, embezzlement, |
| 2423 | misrepresentation, or deceit; |
| 2424 | (l) Is of bad business repute; or |
| 2425 | (m) Has been the subject of any decision, finding, |
| 2426 | injunction, suspension, prohibition, revocation, denial, |
| 2427 | judgment, or administrative order by any court of competent |
| 2428 | jurisdiction, administrative law judge, or by any state or |
| 2429 | federal agency, national securities, commodities, or option |
| 2430 | exchange, or national securities, commodities, or option |
| 2431 | association, involving a violation of any federal or state |
| 2432 | securities or commodities law or any rule or regulation |
| 2433 | promulgated thereunder, or any rule or regulation of any |
| 2434 | national securities, commodities, or options exchange or |
| 2435 | national securities, commodities, or options association, or has |
| 2436 | been the subject of any injunction or adverse administrative |
| 2437 | order by a state or federal agency regulating banking, |
| 2438 | insurance, finance or small loan companies, real estate, |
| 2439 | mortgage brokers or lenders, money transmitters, or other |
| 2440 | related or similar industries. For purposes of this subsection, |
| 2441 | the office may not deny registration to any applicant who has |
| 2442 | been continuously registered with the office for 5 years from |
| 2443 | the entry of such decision, finding, injunction, suspension, |
| 2444 | prohibition, revocation, denial, judgment, or administrative |
| 2445 | order provided such decision, finding, injunction, suspension, |
| 2446 | prohibition, revocation, denial, judgment, or administrative |
| 2447 | order has been timely reported to the office pursuant to the |
| 2448 | commission's rules; or. |
| 2449 | (n) Made payment to the office for a registration or |
| 2450 | notice filing with a check or electronic transmission of funds |
| 2451 | that is dishonored by the applicant's, registrant's, or notice |
| 2452 | filer's financial institution. |
| 2453 | Section 40. Section 520.02, Florida Statutes, is amended |
| 2454 | to read: |
| 2455 | 520.02 Definitions.--In this act, unless the context or |
| 2456 | subject matter otherwise requires: |
| 2457 | (1) "Branch" means any location, other than a licensee's |
| 2458 | principal place of business, at which a licensee operates or |
| 2459 | conducts business under this act or which a licensee owns or |
| 2460 | controls for the purpose of conducting business under this act. |
| 2461 | (2) "Cash price" means the price at which a seller, in the |
| 2462 | ordinary course of business, offers to sell for cash the |
| 2463 | property or service that is the subject of the transaction. At |
| 2464 | the seller's option, the term "cash price" may include the price |
| 2465 | of accessories, services related to the sale, service contracts, |
| 2466 | and taxes and fees for license, title, and registration of the |
| 2467 | motor vehicle. The term "cash price" does not include any |
| 2468 | finance charge. |
| 2469 | (3) "Commission" means the Financial Services Commission. |
| 2470 | (4) "Control person" means an individual, partnership, |
| 2471 | corporation, trust, or other organization that possesses the |
| 2472 | power, directly or indirectly, to direct the management or |
| 2473 | policies of a company, whether through ownership of securities, |
| 2474 | by contract, or otherwise. A person is presumed to control a |
| 2475 | company if, with respect to a particular company, that person: |
| 2476 | (a) Is a director, general partner, or officer exercising |
| 2477 | executive responsibility or having similar status or functions; |
| 2478 | (b) Directly or indirectly may vote 10 percent or more of |
| 2479 | a class of a voting security or sell or direct the sale of 10 |
| 2480 | percent or more of a class of voting securities; or |
| 2481 | (c) In the case of a partnership, may receive upon |
| 2482 | dissolution or has contributed 10 percent or more of the |
| 2483 | capital. |
| 2484 | (5) "Down payment" means the amount, including the value |
| 2485 | of any property used as a trade-in, paid to a seller to reduce |
| 2486 | the cash price of goods or services purchased in a credit sale |
| 2487 | transaction. A deferred portion of a down payment may be treated |
| 2488 | as part of the down payment if it is payable not later than the |
| 2489 | due date of the second otherwise regularly scheduled payment and |
| 2490 | is not subject to a finance charge. |
| 2491 | (6) "Finance charge" means the cost of consumer credit as |
| 2492 | a dollar amount. The term "finance charge" includes any charge |
| 2493 | payable directly or indirectly by the buyer and imposed directly |
| 2494 | or indirectly by the seller as an incident to or a condition of |
| 2495 | the extension of credit. The term "finance charge" does not |
| 2496 | include any charge of a type payable in a comparable cash |
| 2497 | transaction. |
| 2498 | (7) "Holder" of a retail installment contract means the |
| 2499 | retail seller of a motor vehicle retail installment contract or |
| 2500 | an assignee of such contract. |
| 2501 | (8) "Mobile home" means a structure, transportable in one |
| 2502 | or more sections, which is 8 body feet or more in width and is |
| 2503 | 32 body feet or more in length, designed to be used as a |
| 2504 | dwelling with or without a permanent foundation when connected |
| 2505 | to the required utilities, and includes the plumbing, heating, |
| 2506 | air-conditioning, and electrical systems contained therein. |
| 2507 | (9) "Motor vehicle" means any device or vehicle, including |
| 2508 | automobiles, motorcycles, motor trucks, trailers, mobile homes, |
| 2509 | and all other vehicles operated over the public highways and |
| 2510 | streets of this state and propelled by power other than muscular |
| 2511 | power, but excluding traction engines, road rollers, implements |
| 2512 | of husbandry and other agricultural equipment, and vehicles |
| 2513 | which run only upon a track. |
| 2514 | (10)(15) "Motor vehicle retail installment seller" or |
| 2515 | "seller" means a person engaged in the business of selling motor |
| 2516 | vehicles to retail buyers in retail installment transactions. |
| 2517 | (11)(4) "Office" means the Office of Financial Regulation |
| 2518 | of the commission. |
| 2519 | (12)(10) "Official fees" means fees and charges prescribed |
| 2520 | by law which actually are or will be paid to public officials |
| 2521 | for determining the existence of, or for perfecting, releasing, |
| 2522 | or satisfying, any security related to the credit transaction, |
| 2523 | or the premium payable for any insurance in lieu of perfecting |
| 2524 | any security interest otherwise required by the creditor in |
| 2525 | connection with the transaction, if the premium does not exceed |
| 2526 | the fees and charges which would otherwise be payable to public |
| 2527 | officials. |
| 2528 | (13)(11) "Person" means an individual, partnership, |
| 2529 | corporation, association, and any other group however organized. |
| 2530 | (14)(12) "Principal place of business" means the physical |
| 2531 | location designated on the licensee's application for licensure, |
| 2532 | unless otherwise designated as required by this chapter. |
| 2533 | (15)(13) "Retail buyer" or "buyer" means a person who buys |
| 2534 | a motor vehicle from a seller not principally for the purpose of |
| 2535 | resale, and who executes a retail installment contract in |
| 2536 | connection therewith or a person who succeeds to the rights and |
| 2537 | obligations of such person. |
| 2538 | (16)(14) "Retail installment contract" or "contract" means |
| 2539 | an agreement, entered into in this state, pursuant to which the |
| 2540 | title to, or a lien upon the motor vehicle, which is the subject |
| 2541 | matter of a retail installment transaction, is retained or taken |
| 2542 | by a seller from a retail buyer as security, in whole or in |
| 2543 | part, for the buyer's obligation. The term includes a |
| 2544 | conditional sales contract and a contract for the bailment or |
| 2545 | leasing of a motor vehicle by which the bailee or lessee |
| 2546 | contracts to pay as compensation for its use a sum substantially |
| 2547 | equivalent to or in excess of its value and by which it is |
| 2548 | agreed that the bailee or lessee is bound to become, or for no |
| 2549 | further or a merely nominal consideration, has the option of |
| 2550 | becoming, the owner of the motor vehicle upon full compliance |
| 2551 | with the provisions of the contract. |
| 2552 | (17)(16) "Retail installment transaction" means any |
| 2553 | transaction evidenced by a retail installment contract entered |
| 2554 | into between a retail buyer and a seller wherein the retail |
| 2555 | buyer buys a motor vehicle from the seller at a deferred payment |
| 2556 | price payable in one or more deferred installments. |
| 2557 | (18)(17) "Sales finance company" means a person engaged in |
| 2558 | the business of purchasing retail installment contracts from one |
| 2559 | or more sellers. The term includes, but is not limited to, a |
| 2560 | bank or trust company, if so engaged. The term does not include |
| 2561 | the pledge of an aggregate number of such contracts to secure a |
| 2562 | bona fide loan thereon. |
| 2563 | (19)(18) Words in the singular include the plural and vice |
| 2564 | versa. |
| 2565 | Section 41. Subsections (2) through (5) of section 520.03, |
| 2566 | Florida Statutes, are amended to read: |
| 2567 | 520.03 Licenses.-- |
| 2568 | (2) An application for a license under this part must be |
| 2569 | submitted to the office in such form as the commission may |
| 2570 | prescribe by rule. The commission may require each applicant to |
| 2571 | provide any information reasonably necessary to determine the |
| 2572 | applicant's eligibility for licensure. The applicant shall also |
| 2573 | provide information that the office requires concerning any |
| 2574 | officer, director, control person, member, partner, or joint |
| 2575 | venturer of the applicant or any person having the same or |
| 2576 | substantially similar status or performing substantially similar |
| 2577 | functions or any individual who is the ultimate equitable owner |
| 2578 | of a 10-percent or greater interest in the applicant. The office |
| 2579 | may require information concerning any such applicant or person, |
| 2580 | including, but not limited to, his or her full name and any |
| 2581 | other names by which he or she may have been known, age, social |
| 2582 | security number, residential history, qualifications, |
| 2583 | educational and business history, and disciplinary and criminal |
| 2584 | history. If the office determines that an application should be |
| 2585 | granted, it shall issue the license for a period not to exceed 2 |
| 2586 | years. A nonrefundable application fee of $175 shall accompany |
| 2587 | an initial application for the principal place of business and |
| 2588 | each application for a branch location of a retail installment |
| 2589 | seller who is required to be licensed under this chapter. An |
| 2590 | application is considered received for purposes of s. 120.60 |
| 2591 | upon receipt of a completed application form as prescribed by |
| 2592 | commission rule, a nonrefundable application fee of $175, and |
| 2593 | any other fee prescribed by law. |
| 2594 | (3) The nonrefundable renewal fee for a motor vehicle |
| 2595 | retail installment seller license shall be $175. The commission |
| 2596 | shall establish by rule biennial licensure periods and |
| 2597 | procedures for renewal of licenses. A license that is not |
| 2598 | renewed by the end of the biennium established by the commission |
| 2599 | shall revert from active to inactive status. An inactive license |
| 2600 | may be reactivated within 6 months after becoming inactive upon |
| 2601 | filing a completed reactivation form, payment of the |
| 2602 | nonrefundable renewal fee, and payment of a reactivation fee |
| 2603 | equal to the nonrefundable renewal fee. A license that is not |
| 2604 | reactivated within 6 months after becoming inactive |
| 2605 | automatically expires. |
| 2606 | (4) Each license shall specify the location for which it |
| 2607 | is issued and must be conspicuously displayed at that location. |
| 2608 | Prior to relocating a principal place of business or any branch |
| 2609 | location, the licensee must provide to the office notice of the |
| 2610 | relocation in a form prescribed by commission rule. A licensee |
| 2611 | may not transact business as a motor vehicle retail installment |
| 2612 | seller except under the name by which it is licensed. Licenses |
| 2613 | issued under this part are not transferable or assignable. |
| 2614 | (5) The office may deny an initial application for a |
| 2615 | license under this part if the applicant or any officer, |
| 2616 | director, control person, member, partner, or joint venturer |
| 2617 | person with power to direct the management or policies of the |
| 2618 | applicant is the subject of a pending criminal prosecution or |
| 2619 | governmental enforcement action, in any jurisdiction, until |
| 2620 | conclusion of such criminal prosecution or enforcement action. |
| 2621 | Section 42. Subsections (10) through (18) of section |
| 2622 | 520.31, Florida Statutes, are renumbered as subsections (11) |
| 2623 | through (19), respectively, subsection (4) of that section is |
| 2624 | renumbered as subsection (10), and a new subsection (4) is added |
| 2625 | to that section, to read: |
| 2626 | 520.31 Definitions.--Unless otherwise clearly indicated by |
| 2627 | the context, the following words when used in this act, for the |
| 2628 | purposes of this act, shall have the meanings respectively |
| 2629 | ascribed to them in this section: |
| 2630 | (4) "Control person" means an individual, partnership, |
| 2631 | corporation, trust, or other organization that possesses the |
| 2632 | power, directly or indirectly, to direct the management or |
| 2633 | policies of a company, whether through ownership of securities, |
| 2634 | by contract, or otherwise. A person is presumed to control a |
| 2635 | company if, with respect to a particular company, that person: |
| 2636 | (a) Is a director, general partner, or officer exercising |
| 2637 | executive responsibility or having similar status or functions; |
| 2638 | (b) Directly or indirectly has the right to vote 10 |
| 2639 | percent or more of a class of a voting security or has the power |
| 2640 | to sell or direct the sale of 10 percent or more of a class of |
| 2641 | voting securities; or |
| 2642 | (c) In the case of a partnership, has the right to receive |
| 2643 | upon dissolution or has contributed 10 percent or more of the |
| 2644 | capital. |
| 2645 | Section 43. Subsections (2) through (5) of section 520.32, |
| 2646 | Florida Statutes, are amended to read: |
| 2647 | 520.32 Licenses.-- |
| 2648 | (2) An application for a license under this part must be |
| 2649 | submitted to the office in such form as the commission may |
| 2650 | prescribe by rule. The commission may require each applicant to |
| 2651 | provide any information reasonably necessary to determine the |
| 2652 | applicant's eligibility for licensure. The applicant shall also |
| 2653 | provide information that the office requires concerning any |
| 2654 | officer, director, control person, member, partner, or joint |
| 2655 | venturer of the applicant or any person having the same or |
| 2656 | substantially similar status or performing substantially similar |
| 2657 | functions or any individual who is the ultimate equitable owner |
| 2658 | of a 10-percent or greater interest in the applicant. The office |
| 2659 | may require information concerning any such applicant or person, |
| 2660 | including his or her full name and any other names by which he |
| 2661 | or she may have been known, age, social security number, |
| 2662 | residential history, qualifications, educational and business |
| 2663 | history, and disciplinary and criminal history. If the office |
| 2664 | determines that an application should be granted, it shall issue |
| 2665 | the license for a period not to exceed 2 years. A nonrefundable |
| 2666 | application fee of $175 shall accompany an initial application |
| 2667 | for the principal place of business and each application for a |
| 2668 | branch location of a retail installment seller. An application |
| 2669 | is considered received for purposes of s. 120.60 upon receipt of |
| 2670 | a completed application form as prescribed by commission rule, a |
| 2671 | nonrefundable application fee of $175, and any other fee |
| 2672 | prescribed by law. |
| 2673 | (3) The nonrefundable renewal fee for a retail seller |
| 2674 | license shall be $175. Biennial licensure periods and procedures |
| 2675 | for renewal of licenses may also be established by the |
| 2676 | commission by rule. A license that is not renewed at the end of |
| 2677 | the biennium established by the commission shall revert from |
| 2678 | active to inactive status. An inactive license may be |
| 2679 | reactivated within 6 months after becoming inactive upon filing |
| 2680 | a completed reactivation form, payment of the nonrefundable |
| 2681 | renewal fee, and payment of a reactivation fee equal to the |
| 2682 | nonrefundable renewal fee. A license that is not reactivated |
| 2683 | within 6 months after becoming inactive automatically expires. |
| 2684 | (4) Each license must specify the location for which it is |
| 2685 | issued and must be conspicuously displayed at that location. If |
| 2686 | a licensee's principal place of business or branch location |
| 2687 | changes, the licensee shall notify the office and the office |
| 2688 | shall endorse the change of location without charge. A licensee |
| 2689 | may not transact business as a retail installment seller except |
| 2690 | under the name by which it is licensed. A license issued under |
| 2691 | this part is not transferable or assignable. |
| 2692 | (5) The office may deny an initial application for a |
| 2693 | license under this part if the applicant or any officer, |
| 2694 | director, control person, member, partner, or joint venturer |
| 2695 | person with power to direct the management or policies of the |
| 2696 | applicant is the subject of a pending criminal prosecution or |
| 2697 | governmental enforcement action, in any jurisdiction, until |
| 2698 | conclusion of such criminal prosecution or enforcement action. |
| 2699 | Section 44. Subsections (2) through (5) of section 520.52, |
| 2700 | Florida Statutes, are amended to read: |
| 2701 | 520.52 Licensees.-- |
| 2702 | (2) An application for a license under this part must be |
| 2703 | submitted to the office in such form as the commission may |
| 2704 | prescribe by rule. The commission may require each applicant to |
| 2705 | provide any information reasonably necessary to determine the |
| 2706 | applicant's eligibility for licensure. The applicant shall also |
| 2707 | provide information that the office requires concerning any |
| 2708 | officer, director, control person, member, partner, or joint |
| 2709 | venturer of the applicant or any person having the same or |
| 2710 | substantially similar status or performing substantially similar |
| 2711 | functions or any individual who is the ultimate equitable owner |
| 2712 | of a 10-percent or greater interest in the applicant. The office |
| 2713 | may require information concerning any such applicant or person, |
| 2714 | including his or her full name and any other names by which he |
| 2715 | or she may have been known, age, social security number, |
| 2716 | residential history, qualifications, educational and business |
| 2717 | history, and disciplinary and criminal history. If the office |
| 2718 | determines that an application should be granted, it shall issue |
| 2719 | the license for a period not to exceed 2 years. A nonrefundable |
| 2720 | application fee of $175 shall accompany an initial application |
| 2721 | for the principal place of business and each branch location of |
| 2722 | a sales finance company. An application is considered received |
| 2723 | for purposes of s. 120.60 upon receipt of a completed |
| 2724 | application form as prescribed by commission rule, a |
| 2725 | nonrefundable application fee of $175, and any other fee |
| 2726 | prescribed by law. |
| 2727 | (3) The nonrefundable renewal fee for a sales finance |
| 2728 | company license shall be $175. Biennial licensure periods and |
| 2729 | procedures for renewal of licenses may also be established by |
| 2730 | the commission by rule. A license that is not renewed at the end |
| 2731 | of the biennium established by the commission shall revert from |
| 2732 | active to inactive status. An inactive license may be |
| 2733 | reactivated within 6 months after becoming inactive upon filing |
| 2734 | a completed reactivation form, payment of the nonrefundable |
| 2735 | renewal fee, and payment of a reactivation fee equal to the |
| 2736 | nonrefundable renewal fee. A license that is not reactivated |
| 2737 | within 6 months after becoming inactive automatically expires. |
| 2738 | (4) Each license must specify the location for which it is |
| 2739 | issued and must be conspicuously displayed at that location. If |
| 2740 | a licensee's principal place of business or branch location |
| 2741 | changes, the licensee shall notify the office and the office |
| 2742 | shall endorse the change of location without charge. A licensee |
| 2743 | may not transact business as a sales finance company except |
| 2744 | under the name by which it is licensed. A license issued under |
| 2745 | this part is not transferable or assignable. |
| 2746 | (5) The office may deny an initial application for a |
| 2747 | license under this part if the applicant or any officer, |
| 2748 | director, control person, member, partner, or joint venturer |
| 2749 | person with power to direct the management or policies of the |
| 2750 | applicant is the subject of a pending criminal prosecution or |
| 2751 | governmental enforcement action, in any jurisdiction, until |
| 2752 | conclusion of such criminal prosecution or enforcement action. |
| 2753 | Section 45. Subsections (5), (6), (7), (15), (16), and |
| 2754 | (22) of section 520.61, Florida Statutes, are renumbered as |
| 2755 | subsections (7), (5), (16), (22), (15), and (23), respectively, |
| 2756 | and a new subsection (6) is added to that section to read: |
| 2757 | 520.61 Definitions.--As used in this act: |
| 2758 | (6) "Control person" means an individual, partnership, |
| 2759 | corporation, trust, or other organization that possesses the |
| 2760 | power, directly or indirectly, to direct the management or |
| 2761 | policies of a company, whether through ownership of securities, |
| 2762 | by contract, or otherwise. A person is presumed to control a |
| 2763 | company if, with respect to a particular company, that person: |
| 2764 | (a) Is a director, general partner, or officer exercising |
| 2765 | executive responsibility or having similar status or functions; |
| 2766 | (b) Directly or indirectly may vote 10 percent or more of |
| 2767 | a class of a voting security or sell or direct the sale of 10 |
| 2768 | percent or more of a class of voting securities; or |
| 2769 | (c) In the case of a partnership, may receive upon |
| 2770 | dissolution or has contributed 10 percent or more of the |
| 2771 | capital. |
| 2772 | Section 46. Subsections (2) through (5) of section 520.63, |
| 2773 | Florida Statutes, are amended to read: |
| 2774 | 520.63 Licensees.-- |
| 2775 | (2) An application for a license under this part must be |
| 2776 | submitted to the office in such form as the commission may |
| 2777 | prescribe by rule. The commission may require each applicant to |
| 2778 | provide any information reasonably necessary to determine the |
| 2779 | applicant's eligibility for licensure. The applicant shall also |
| 2780 | provide information that the office requires concerning any |
| 2781 | officer, director, control person, member, partner, or joint |
| 2782 | venturer of the applicant or any person having the same or |
| 2783 | substantially similar status or performing substantially similar |
| 2784 | functions or any individual who is the ultimate equitable owner |
| 2785 | of a 10-percent or greater interest in the applicant. The office |
| 2786 | may require information concerning any such applicant or person, |
| 2787 | including, but not limited to, his or her full name and any |
| 2788 | other names by which he or she may have been known, age, social |
| 2789 | security number, residential history, qualifications, |
| 2790 | educational and business history, and disciplinary and criminal |
| 2791 | history. If the office determines that an application should be |
| 2792 | granted, it shall issue the license for a period not to exceed 2 |
| 2793 | years. A nonrefundable application fee of $175 shall accompany |
| 2794 | an initial application for the principal place of business and |
| 2795 | each application for a branch location of a home improvement |
| 2796 | finance seller. An application is considered received for |
| 2797 | purposes of s. 120.60 upon receipt of a completed application |
| 2798 | form as prescribed by commission rule, a nonrefundable |
| 2799 | application fee of $175, and any other fee prescribed by law. |
| 2800 | (3) The nonrefundable renewal fee for a home improvement |
| 2801 | finance license shall be $175. Biennial licensure periods and |
| 2802 | procedures for renewal of licenses may also be established by |
| 2803 | the commission by rule. A license that is not renewed at the end |
| 2804 | of the biennium established by the commission shall |
| 2805 | automatically revert from active to inactive status. An inactive |
| 2806 | license may be reactivated within 6 months after becoming |
| 2807 | inactive upon filing a completed reactivation form, payment of |
| 2808 | the nonrefundable renewal fee, and payment of a reactivation fee |
| 2809 | equal to the nonrefundable renewal fee. A license that is not |
| 2810 | reactivated within 6 months after becoming inactive |
| 2811 | automatically expires. |
| 2812 | (4) Each license must specify the location for which it is |
| 2813 | issued and must be conspicuously displayed at that location. If |
| 2814 | a home improvement finance seller's principal place of business |
| 2815 | or any branch location changes, the licensee shall notify the |
| 2816 | office and the office shall endorse the change of location |
| 2817 | without charge. A licensee may not transact business as a home |
| 2818 | improvement finance seller except under the name by which it is |
| 2819 | licensed. A license issued under this part is not transferable |
| 2820 | or assignable. |
| 2821 | (5) The office may deny an initial application for a |
| 2822 | license under this part if the applicant or any officer, |
| 2823 | director, control person, member, partner, or joint venturer |
| 2824 | person with power to direct the management or policies of the |
| 2825 | applicant is the subject of a pending criminal prosecution or |
| 2826 | governmental enforcement action, in any jurisdiction, until |
| 2827 | conclusion of such criminal prosecution or enforcement action. |
| 2828 | Section 47. Subsection (5) of section 520.994, Florida |
| 2829 | Statutes, is amended to read: |
| 2830 | 520.994 Powers of office.-- |
| 2831 | (5) The office shall administer and enforce this chapter. |
| 2832 | The commission has authority to adopt rules pursuant to ss. |
| 2833 | 120.536(1) and 120.54 to implement the provisions of this |
| 2834 | chapter. The commission may adopt rules requiring to allow |
| 2835 | electronic submission of any form, document, or fee required by |
| 2836 | this chapter if such rules reasonably accommodate technological |
| 2837 | or financial hardship. The commission may prescribe by rule |
| 2838 | requirements and procedures for obtaining an exemption due to a |
| 2839 | technological or financial hardship. |
| 2840 | Section 48. Subsections (1) and (4) of section 520.995, |
| 2841 | Florida Statutes, are amended to read: |
| 2842 | 520.995 Grounds for disciplinary action.-- |
| 2843 | (1) The following acts are violations of this chapter and |
| 2844 | constitute grounds for the disciplinary actions specified in |
| 2845 | subsection (2): |
| 2846 | (a) Failure to comply with any provision of this chapter, |
| 2847 | any rule or order adopted pursuant to this chapter, or any |
| 2848 | written agreement entered into with the office.; |
| 2849 | (b) Fraud, misrepresentation, deceit, or gross negligence |
| 2850 | in any home improvement finance transaction or retail |
| 2851 | installment transaction, regardless of reliance by or damage to |
| 2852 | the buyer or owner.; |
| 2853 | (c) Fraudulent misrepresentation, circumvention, or |
| 2854 | concealment of any matter required to be stated or furnished to |
| 2855 | a retail buyer or owner pursuant to this chapter, regardless of |
| 2856 | reliance by or damage to the buyer or owner.; |
| 2857 | (d) Willful imposition of illegal or excessive charges in |
| 2858 | any retail installment transaction or home improvement finance |
| 2859 | transaction.; |
| 2860 | (e) False, deceptive, or misleading advertising by a |
| 2861 | seller or home improvement finance seller.; |
| 2862 | (f) Failure to maintain, preserve, and keep available for |
| 2863 | examination, all books, accounts, or other documents required by |
| 2864 | this chapter, by any rule or order adopted pursuant to this |
| 2865 | chapter, or by any agreement entered into with the office.; |
| 2866 | (g) Refusal to permit inspection of books and records in |
| 2867 | an investigation or examination by the office or refusal to |
| 2868 | comply with a subpoena issued by the office.; |
| 2869 | (h) Criminal conduct in the course of a person's business |
| 2870 | as a seller, as a home improvement finance seller, or as a sales |
| 2871 | finance company.; or |
| 2872 | (i) Failure to timely pay any fee, charge, or fine imposed |
| 2873 | or assessed pursuant to this chapter or any rule adopted under |
| 2874 | this chapter. |
| 2875 | (j) Using the name or logo of a financial institution, as |
| 2876 | defined in s. 655.005(1), or its affiliates or subsidiaries when |
| 2877 | marketing or soliciting existing or prospective customers if |
| 2878 | such marketing materials are used without the written consent of |
| 2879 | the financial institution and in a manner that would lead a |
| 2880 | reasonable person to believe that the material or solicitation |
| 2881 | originated from, was endorsed by, or is related to or the |
| 2882 | responsibility of the financial institution or its affiliates or |
| 2883 | subsidiaries. |
| 2884 | (k) Payment to the office for a license or permit with a |
| 2885 | check or electronic transmission of funds that is dishonored by |
| 2886 | the applicant's or licensee's financial institution. |
| 2887 | (4) It is sufficient cause for the office to take any of |
| 2888 | the actions specified in subsection (2) as to any partnership, |
| 2889 | corporation, or association, if the office finds grounds for |
| 2890 | such action as to any member of the partnership, as to any |
| 2891 | officer or director of the corporation or association, or as to |
| 2892 | any control person, partner, or joint venturer person with power |
| 2893 | to direct the management or policies of the partnership, |
| 2894 | corporation, or association. |
| 2895 | Section 49. Subsection (4) of section 520.997, Florida |
| 2896 | Statutes, is amended to read: |
| 2897 | 520.997 Books, accounts, and records.-- |
| 2898 | (4) The commission may prescribe by rule the minimum |
| 2899 | information to be shown in the books, accounts, documents, and |
| 2900 | records of licensees so that such records will enable the office |
| 2901 | to determine compliance with the provisions of this chapter. In |
| 2902 | addition, the commission may prescribe by rule requirements for |
| 2903 | the destruction of books, accounts, records, and documents |
| 2904 | retained by the licensee after completion of the time period |
| 2905 | specified in subsection (3). |
| 2906 | Section 50. Section 520.999, Florida Statutes, is created |
| 2907 | to read: |
| 2908 | 520.999 Requirements of licensees.-- |
| 2909 | (1) Each licensee under this chapter shall report, on a |
| 2910 | form prescribed by rule of the commission, any change in the |
| 2911 | information contained in any initial application form or any |
| 2912 | amendment to such application not later than 30 days after the |
| 2913 | change is effective. |
| 2914 | (2) Each licensee under this chapter shall report any |
| 2915 | changes in the partners, officers, members, joint venturers, |
| 2916 | directors, or control persons of any licensee or changes in the |
| 2917 | form of business organization by written amendment in such form |
| 2918 | and at such time as the commission specifies by rule. |
| 2919 | (a) In any case in which a person or a group of persons, |
| 2920 | directly or indirectly or acting by or through one or more |
| 2921 | persons, proposes to purchase or acquire a controlling interest |
| 2922 | in a licensee, such person or group must submit an initial |
| 2923 | application for licensure before such purchase or acquisition at |
| 2924 | such time and in such form as the commission prescribes by rule. |
| 2925 | (b) As used in subsection, the term "controlling interest" |
| 2926 | means possession of the power to direct or cause the direction |
| 2927 | of the management or policies of a company whether through |
| 2928 | ownership of securities, by contract, or otherwise. Any person |
| 2929 | who directly or indirectly has the right to vote 25 percent or |
| 2930 | more of the voting securities of a company or is entitled to 25 |
| 2931 | percent or more of its profits is presumed to possess a |
| 2932 | controlling interest. |
| 2933 | (c) Any addition of a partner, officer, member, joint |
| 2934 | venturer, director, or control person of the applicant who does |
| 2935 | not have a controlling interest and who has not previously |
| 2936 | complied with the provisions of ss. 520.03(2), 520.32(2), |
| 2937 | 520.52(2), and 520.63(2) shall be subject to such provisions |
| 2938 | unless required to file an initial application in accordance |
| 2939 | with paragraph (a). If the office determines that the licensee |
| 2940 | does not continue to meet licensure requirements, the office may |
| 2941 | bring administrative action in accordance with s. 520.995 to |
| 2942 | enforce the provisions of this chapter. |
| 2943 | (d) The commission shall adopt rules pursuant to ss. |
| 2944 | 120.536(1) and 120.54 providing for the waiver of the |
| 2945 | application required by this subsection if the person or group |
| 2946 | of persons proposing to purchase or acquire a controlling |
| 2947 | interest in a licensee has previously complied with the |
| 2948 | provisions of ss. 520.03(2), 520.32(2), 520.52(2), and 520.63(2) |
| 2949 | with the same legal entity or is currently licensed with the |
| 2950 | office under this chapter. |
| 2951 | Section 51. Subsection (5) of section 537.009, Florida |
| 2952 | Statutes, is amended to read: |
| 2953 | 537.009 Recordkeeping; reporting; safekeeping of |
| 2954 | property.-- |
| 2955 | (5) The commission may prescribe by rule the books, |
| 2956 | accounts, documents, and records, and the minimum information to |
| 2957 | be shown in the books, accounts, documents, and records, of |
| 2958 | licensees so that such records will enable the office to |
| 2959 | determine compliance with the provisions of this act. In |
| 2960 | addition, the commission may prescribe by rule requirements for |
| 2961 | the destruction of books, accounts, records, and documents |
| 2962 | retained by the licensee after completion of the time period |
| 2963 | specified in subsection (3). |
| 2964 | Section 52. Paragraph (e) of subsection (2) of section |
| 2965 | 559.9232, Florida Statutes, is amended to read: |
| 2966 | 559.9232 Definitions; exclusion of rental-purchase |
| 2967 | agreements from certain regulations.-- |
| 2968 | (2) A rental-purchase agreement that complies with this |
| 2969 | act shall not be construed to be, nor be governed by, any of the |
| 2970 | following: |
| 2971 | (e) A lease or agreement which constitutes a "retail |
| 2972 | installment contract" or "retail installment transaction" as |
| 2973 | those terms are defined in s. 520.31(13) and (14); or |
| 2974 | Section 53. Subsection (3) is added to section 560.105, |
| 2975 | Florida Statutes, to read: |
| 2976 | 560.105 Supervisory powers; rulemaking.-- |
| 2977 | (3) The commission may adopt rules pursuant to ss. |
| 2978 | 120.536(1) and 120.54 requiring electronic submission of any |
| 2979 | forms, documents, or fees required by this code if such rules |
| 2980 | reasonably accommodate technological or financial hardship. The |
| 2981 | commission may prescribe by rule requirements and procedures for |
| 2982 | obtaining an exemption due to a technological or financial |
| 2983 | hardship. |
| 2984 | Section 54. Paragraph (y) is added to subsection (1) of |
| 2985 | section 560.114, Florida Statutes, to read: |
| 2986 | 560.114 Disciplinary actions.-- |
| 2987 | (1) The following actions by a money transmitter or money |
| 2988 | transmitter-affiliated party are violations of the code and |
| 2989 | constitute grounds for the issuance of a cease and desist order, |
| 2990 | the issuance of a removal order, the denial of a registration |
| 2991 | application or the suspension or revocation of any registration |
| 2992 | previously issued pursuant to the code, or the taking of any |
| 2993 | other action within the authority of the office pursuant to the |
| 2994 | code: |
| 2995 | (y) Payment to the office for a license or permit with a |
| 2996 | check or electronic transmission of funds that is dishonored by |
| 2997 | the applicant's or licensee's financial institution. |
| 2998 | Section 55. Subsection (2) of section 560.121, Florida |
| 2999 | Statutes, is amended to read: |
| 3000 | 560.121 Records; limited restrictions upon public |
| 3001 | access.-- |
| 3002 | (2) The commission may prescribe by rule the minimum |
| 3003 | information that must be shown in the books, accounts, records, |
| 3004 | and documents of licensees for purposes of enabling the office |
| 3005 | to determine the licensee's compliance with this chapter. In |
| 3006 | addition, the commission may prescribe by rule requirements for |
| 3007 | the destruction of books, accounts, records, and documents |
| 3008 | retained by the licensee after completion of the time period |
| 3009 | specified in this subsection. Examination reports, investigatory |
| 3010 | records, applications, and related information compiled by the |
| 3011 | office, or photographic copies thereof, shall be retained by the |
| 3012 | office for a period of at least 3 years following the date that |
| 3013 | the examination or investigation ceases to be active. |
| 3014 | Application records, and related information compiled by the |
| 3015 | office, or photographic copies thereof, shall be retained by the |
| 3016 | office for a period of at least 2 years following the date that |
| 3017 | the registration ceases to be active. |
| 3018 | Section 56. Section 560.126, Florida Statutes, is amended |
| 3019 | to read: |
| 3020 | 560.126 Significant events; notice required.-- |
| 3021 | (1) Unless exempted by the office, every money transmitter |
| 3022 | must provide the office with a written notice within 30 15 days |
| 3023 | after the occurrence or knowledge of, whichever period of time |
| 3024 | is greater, any of the following events: |
| 3025 | (a)(1) The filing of a petition under the United States |
| 3026 | Bankruptcy Code for bankruptcy or reorganization by the money |
| 3027 | transmitter. |
| 3028 | (b)(2) The commencement of any registration suspension or |
| 3029 | revocation proceeding, either administrative or judicial, or the |
| 3030 | denial of any original registration request or a registration |
| 3031 | renewal, by any state, the District of Columbia, any United |
| 3032 | States territory, or any foreign country, in which the money |
| 3033 | transmitter operates or plans to operate or has registered to |
| 3034 | operate. |
| 3035 | (c)(3) A felony indictment relating to the money |
| 3036 | transmission business involving the money transmitter or a money |
| 3037 | transmitter-affiliated party of the money transmitter. |
| 3038 | (d)(4) The felony conviction, guilty plea, or plea of nolo |
| 3039 | contendere, if the court adjudicates the nolo contendere pleader |
| 3040 | guilty, or the adjudication of guilt of a money transmitter or |
| 3041 | money transmitter-affiliated party. |
| 3042 | (e)(5) The interruption of any corporate surety bond |
| 3043 | required by the code. |
| 3044 | (f)(6) Any suspected criminal act, as defined by the |
| 3045 | commission by rule, perpetrated in this state against a money |
| 3046 | transmitter or authorized vendor. |
| 3047 |
|
| 3048 | However, a person does not incur liability no liability shall be |
| 3049 | incurred by any person as a result of making a good-faith good |
| 3050 | faith effort to fulfill this disclosure requirement. |
| 3051 | (2)(a) Each registrant under this code shall report, on a |
| 3052 | form prescribed by rule of the commission, any change in the |
| 3053 | information contained in any initial application form or any |
| 3054 | amendment thereto not later than 30 days after the change is |
| 3055 | effective. |
| 3056 | (b) Each registrant under the code shall report any |
| 3057 | changes in the partners, officers, members, joint venturers, |
| 3058 | directors, controlling shareholders, or responsible persons of |
| 3059 | any registrant or changes in the form of business organization |
| 3060 | by written amendment in such form and at such time as the |
| 3061 | commission specifies by rule. |
| 3062 | 1. In any case in which a person or a group of persons, |
| 3063 | directly or indirectly or acting by or through one or more |
| 3064 | persons, proposes to purchase or acquire a controlling interest |
| 3065 | in a licensee, such person or group must submit an initial |
| 3066 | application for registration as a money transmitter before such |
| 3067 | purchase or acquisition at such time and in such form as the |
| 3068 | commission prescribes by rule. |
| 3069 | 2. As used in this subsection, the term "controlling |
| 3070 | interest" means possession of the power to direct or cause the |
| 3071 | direction of the management or policies of a company whether |
| 3072 | through ownership of securities, by contract, or otherwise. Any |
| 3073 | person who directly or indirectly has the right to vote 25 |
| 3074 | percent or more of the voting securities of a company or is |
| 3075 | entitled to 25 percent or more of its profits is presumed to |
| 3076 | possess a controlling interest. |
| 3077 | 3. Any addition of a partner, officer, member, joint |
| 3078 | venturer, director, controlling shareholder, or responsible |
| 3079 | person of the applicant who does not have a controlling interest |
| 3080 | and who has not previously complied with ss. 560.205 and 560.306 |
| 3081 | shall be subject to such provisions unless required to file an |
| 3082 | initial application in accordance with subparagraph 1. If the |
| 3083 | office determines that the registrant does not continue to meet |
| 3084 | registration requirements, the office may bring administrative |
| 3085 | action in accordance with s. 560.114 to enforce the provisions |
| 3086 | of this code. |
| 3087 | 4. The commission shall adopt rules pursuant to ss. |
| 3088 | 120.536(1) and 120.54 providing for the waiver of the |
| 3089 | application required by this subsection if the person or group |
| 3090 | of persons proposing to purchase or acquire a controlling |
| 3091 | interest in a registrant has previously complied with the |
| 3092 | provisions of ss. 560.205 and 560.306 with the same legal entity |
| 3093 | or is currently registered with the office under this code. |
| 3094 | Section 57. Section 560.127, Florida Statutes, is amended |
| 3095 | to read: |
| 3096 | 560.127 Control of a money transmitter.-- |
| 3097 | (1) A person has control over a money transmitter if: |
| 3098 | (1)(a) The individual, partnership, corporation, trust, or |
| 3099 | other organization possesses the power, directly or indirectly, |
| 3100 | to direct the management or policies of a company, whether |
| 3101 | through ownership of securities, by contract, or otherwise. A |
| 3102 | person is presumed to control a company if, with respect to a |
| 3103 | particular company, that person: |
| 3104 | (a) Is a director, general partner, or officer exercising |
| 3105 | executive responsibility or having similar status or functions; |
| 3106 | (b) Directly or indirectly may vote 25 percent or more of |
| 3107 | a class of a voting security or sell or direct the sale of 25 |
| 3108 | percent or more of a class of voting securities; or |
| 3109 | (c) In the case of a partnership, may receive upon |
| 3110 | dissolution or has contributed 25 percent or more of the |
| 3111 | capital. The person directly or indirectly or acting through one |
| 3112 | or more other persons owns, controls, or has power to vote 25 |
| 3113 | percent or more of any class of voting securities of the money |
| 3114 | transmitter; or |
| 3115 | (2)(b) The office determines, after notice and opportunity |
| 3116 | for hearing, that the person directly or indirectly exercises a |
| 3117 | controlling influence over the activities of the money |
| 3118 | transmitter. |
| 3119 | (2) In any case in which a person or a group of persons, |
| 3120 | directly or indirectly or acting by or through one or more |
| 3121 | persons, proposes to purchase or acquire a controlling interest |
| 3122 | in a money transmitter, and thereby to change the control of |
| 3123 | that money transmitter, each person or group of persons shall |
| 3124 | provide written notice to the office. |
| 3125 | (a) A money transmitter whose stock is traded on an |
| 3126 | organized stock exchange shall provide the office with written |
| 3127 | notice within 15 days after knowledge of such change in control. |
| 3128 | (b) A money transmitter whose stock is not publicly traded |
| 3129 | shall provide the office with not less than 30 days' prior |
| 3130 | written notice of such proposed change in control. |
| 3131 | (3) After a review of the written notification, the office |
| 3132 | may require the money transmitter to provide additional |
| 3133 | information relating to other and former addresses, and the |
| 3134 | reputation, character, responsibility, and business |
| 3135 | affiliations, of the proposed new owner or each of the proposed |
| 3136 | new owners of the money transmitter. |
| 3137 | (a) The office may deny the person or group of persons |
| 3138 | proposing to purchase, or who have acquired control of, a money |
| 3139 | transmitter if, after investigation, the office determines that |
| 3140 | the person or persons are not qualified by reputation, |
| 3141 | character, experience, or financial responsibility to control or |
| 3142 | operate the money transmitter in a legal and proper manner and |
| 3143 | that the interests of the other stockholders, if any, or the |
| 3144 | interests of the public generally may be jeopardized by the |
| 3145 | proposed change in ownership, controlling interest, or |
| 3146 | management. |
| 3147 | (b) The office may disapprove any person who has been |
| 3148 | convicted of, or pled guilty or nolo contendere to, a violation |
| 3149 | of s. 560.123, s. 655.50, chapter 896, or any similar state, |
| 3150 | federal, or foreign law. |
| 3151 | Section 58. Section 560.205, Florida Statutes, is amended |
| 3152 | to read: |
| 3153 | 560.205 Qualifications of applicant for registration; |
| 3154 | contents.-- |
| 3155 | (1) To qualify for registration under this part, an |
| 3156 | applicant must demonstrate to the office such character and |
| 3157 | general fitness as to command the confidence of the public and |
| 3158 | warrant the belief that the registered business will be operated |
| 3159 | lawfully and fairly. The office may investigate each applicant |
| 3160 | to ascertain whether the qualifications and requirements |
| 3161 | prescribed by this part have been met. The office's |
| 3162 | investigation may include a criminal background investigation of |
| 3163 | all controlling shareholders, principals, officers, directors, |
| 3164 | members, and responsible persons of a funds transmitter and a |
| 3165 | payment instrument seller and all persons designated by a funds |
| 3166 | transmitter or payment instrument seller as an authorized |
| 3167 | vendor. Each controlling shareholder, principal, officer, |
| 3168 | director, member, and responsible person of a funds transmitter |
| 3169 | or payment instrument seller, unless the applicant is a publicly |
| 3170 | traded corporation as defined by the commission by rule, a |
| 3171 | subsidiary thereof, or a subsidiary of a bank or bank holding |
| 3172 | company organized and regulated under the laws of any state or |
| 3173 | the United States, shall file a complete set of fingerprints. A |
| 3174 | fingerprint card submitted to the office must be taken by an |
| 3175 | authorized law enforcement agency officer. The office shall |
| 3176 | submit the Such fingerprints must be submitted to the Department |
| 3177 | of Law Enforcement for state processing and the Department of |
| 3178 | Law Enforcement shall forward the fingerprints to or the Federal |
| 3179 | Bureau of Investigation for state and federal processing. The |
| 3180 | cost of the fingerprint processing may be borne by the office, |
| 3181 | the employer, or the person subject to the background check. The |
| 3182 | Department of Law Enforcement shall submit an invoice to the |
| 3183 | office for the fingerprints received each month. The office |
| 3184 | shall screen the background results to determine if the |
| 3185 | applicant meets licensure requirements. The commission may waive |
| 3186 | by rule the requirement that applicants file a set of |
| 3187 | fingerprints or the requirement that such fingerprints be |
| 3188 | processed by the Department of Law Enforcement or the Federal |
| 3189 | Bureau of Investigation. |
| 3190 | (2) Each application for registration must be submitted |
| 3191 | under oath to the office on such forms as the commission |
| 3192 | prescribes by rule and must be accompanied by a nonrefundable |
| 3193 | application fee. Such fee may not exceed $500 for each payment |
| 3194 | instrument seller or funds transmitter and $50 for each |
| 3195 | authorized vendor or location operating within this state. The |
| 3196 | application must contain forms shall set forth such information |
| 3197 | as the commission reasonably requires by rule, including, but |
| 3198 | not limited to: |
| 3199 | (a) The name and address of the applicant, including any |
| 3200 | fictitious or trade names used by the applicant in the conduct |
| 3201 | of its business. |
| 3202 | (b) The history of the applicant's material litigation, |
| 3203 | criminal convictions, pleas of nolo contendere, and cases of |
| 3204 | adjudication withheld. |
| 3205 | (c) A description of the activities conducted by the |
| 3206 | applicant, the applicant's history of operations, and the |
| 3207 | business activities in which the applicant seeks to engage in |
| 3208 | this state. |
| 3209 | (d) A list identifying the applicant's proposed authorized |
| 3210 | vendors in this state, including the location or locations in |
| 3211 | this state at which the applicant and its authorized vendors |
| 3212 | propose to conduct registered activities. |
| 3213 | (d)(e) A sample authorized vendor contract, if applicable. |
| 3214 | (e)(f) A sample form of payment instrument, if applicable. |
| 3215 | (f)(g) The name and address of the clearing financial |
| 3216 | institution or financial institutions through which the |
| 3217 | applicant's payment instruments will be drawn or through which |
| 3218 | such payment instruments will be payable. |
| 3219 | (g)(h) Documents revealing that the net worth and bonding |
| 3220 | requirements specified in s. 560.209 have been or will be |
| 3221 | fulfilled. |
| 3222 | (3) Each application for registration by an applicant that |
| 3223 | is a corporation shall contain also set forth such information |
| 3224 | as the commission reasonably requires by rule, including, but |
| 3225 | not limited to: |
| 3226 | (a) The date of the applicant's incorporation and state of |
| 3227 | incorporation. |
| 3228 | (b) A certificate of good standing from the state or |
| 3229 | country in which the applicant was incorporated. |
| 3230 | (c) A description of the corporate structure of the |
| 3231 | applicant, including the identity of any parent or subsidiary of |
| 3232 | the applicant, and the disclosure of whether any parent or |
| 3233 | subsidiary is publicly traded on any stock exchange. |
| 3234 | (d) The name, social security number, business and |
| 3235 | residence addresses, and employment history for the past 5 years |
| 3236 | for each executive officer, each director, each controlling |
| 3237 | shareholder, and the responsible person who will be in charge of |
| 3238 | all the applicant's business activities in this state. |
| 3239 | (e) The history of material litigation and criminal |
| 3240 | convictions, pleas of nolo contendere, and cases of adjudication |
| 3241 | withheld for each executive officer, each director, each |
| 3242 | controlling shareholder, and the responsible person who will be |
| 3243 | in charge of the applicant's registered activities. |
| 3244 | (f) Copies of the applicant's audited financial statements |
| 3245 | for the current year and, if available, for the immediately |
| 3246 | preceding 2-year period. In cases where the applicant is a |
| 3247 | wholly owned subsidiary of another corporation, the parent's |
| 3248 | consolidated audited financial statements may be submitted to |
| 3249 | satisfy this requirement. An applicant who is not required to |
| 3250 | file audited financial statements may satisfy this requirement |
| 3251 | by filing unaudited financial statements verified under penalty |
| 3252 | of perjury, as provided by the commission by rule. |
| 3253 | (g) An applicant who is not required to file audited |
| 3254 | financial statements may file copies of the applicant's |
| 3255 | unconsolidated, unaudited financial statements for the current |
| 3256 | year and, if available, for the immediately preceding 2-year |
| 3257 | period. |
| 3258 | (h) If the applicant is a publicly traded company, copies |
| 3259 | of all filings made by the applicant with the United States |
| 3260 | Securities and Exchange Commission, or with a similar regulator |
| 3261 | in a country other than the United States, within the year |
| 3262 | preceding the date of filing of the application. |
| 3263 | (4) Each application for registration submitted to the |
| 3264 | office by an applicant that is not a corporation shall contain |
| 3265 | also set forth such information as the commission reasonably |
| 3266 | requires by rule, including, but not limited to: |
| 3267 | (a) Evidence that the applicant is registered to do |
| 3268 | business in this state. |
| 3269 | (b) The name, business and residence addresses, personal |
| 3270 | financial statement and employment history for the past 5 years |
| 3271 | for each individual having a controlling ownership interest in |
| 3272 | the applicant, and each responsible person who will be in charge |
| 3273 | of the applicant's registered activities. |
| 3274 | (c) The history of material litigation and criminal |
| 3275 | convictions, pleas of nolo contendere, and cases of adjudication |
| 3276 | withheld for each individual having a controlling ownership |
| 3277 | interest in the applicant and each responsible person who will |
| 3278 | be in charge of the applicant's registered activities. |
| 3279 | (d) Copies of the applicant's audited financial statements |
| 3280 | for the current year, and, if available, for the preceding 2 |
| 3281 | years. An applicant who is not required to file audited |
| 3282 | financial statements may satisfy this requirement by filing |
| 3283 | unaudited financial statements verified under penalty of |
| 3284 | perjury, as provided by the commission by rule. |
| 3285 | (5) Each applicant shall designate and maintain an agent |
| 3286 | in this state for service of process. |
| 3287 | Section 59. Section 560.207, Florida Statutes, is amended |
| 3288 | to read: |
| 3289 | 560.207 Renewal of registration; registration fee.-- |
| 3290 | (1) Registration may be renewed for a 24-month period or |
| 3291 | the remainder of any such period without proration following the |
| 3292 | date of its expiration by furnishing such information as the |
| 3293 | commission requires by rule, together with the payment of the |
| 3294 | fees required under subsections (2), (3), and (4), upon the |
| 3295 | filing with the office of an application and other statements |
| 3296 | and documents as may reasonably be required of registrants by |
| 3297 | the commission. However, the registrant must remain qualified |
| 3298 | for such registration under the provisions of this part. |
| 3299 | (2) Each renewal of All registration must renewal |
| 3300 | applications shall be accompanied by a nonrefundable renewal fee |
| 3301 | not to exceed $1,000. A registration expires on April 30 of the |
| 3302 | year in which the existing registration expires, unless the |
| 3303 | registrant has renewed his or her registration on or before that |
| 3304 | date. In no event shall a registration be issued for a period in |
| 3305 | excess of 24 months. The commission may adopt rules pursuant to |
| 3306 | ss. 120.536(1) and 120.54 to implement this section All renewal |
| 3307 | applications must be filed on or after January 1 of the year in |
| 3308 | which the existing registration expires, but before the |
| 3309 | expiration date of April 30. If the renewal application is filed |
| 3310 | prior to the expiration date of an existing registration, no |
| 3311 | late fee shall be paid in connection with such renewal |
| 3312 | application. If the renewal application is filed within 60 |
| 3313 | calendar days after the expiration date of an existing |
| 3314 | registration, then, in addition to the $1,000 renewal fee, the |
| 3315 | renewal application shall be accompanied by a nonrefundable late |
| 3316 | fee of $500. If the registrant has not filed a renewal |
| 3317 | application within 60 calendar days after the expiration date of |
| 3318 | an existing registration, a new application shall be filed with |
| 3319 | the office pursuant to s. 560.205. |
| 3320 | (3) In addition to the renewal fee required under |
| 3321 | subsection (2), each registrant must pay Every registration |
| 3322 | renewal application shall also include a 2-year nonrefundable |
| 3323 | registration renewal fee of $50 for each authorized vendor or |
| 3324 | location operating within this state or, at the option of the |
| 3325 | registrant, a total 2-year nonrefundable renewal fee of $20,000 |
| 3326 | may be paid to renew the registration of all such locations |
| 3327 | currently registered at the time of renewal. |
| 3328 | (4) A registration may be reinstated only if the renewal |
| 3329 | fee and a nonrefundable late fee of $500 are filed within 60 |
| 3330 | calendar days after the expiration of the existing registration. |
| 3331 | The office shall grant a reinstatement of registration if an |
| 3332 | application is filed during the 60-day period, and the |
| 3333 | reinstatement is effective upon receipt of the required fees and |
| 3334 | any information that the commission requires by rule. If a |
| 3335 | registrant does not file an application for reinstatement of the |
| 3336 | registration within the 60 calendar days after expiration of an |
| 3337 | existing registration, the registration expires and a new |
| 3338 | application must be filed with the office pursuant to s. |
| 3339 | 560.205. |
| 3340 | Section 60. Subsection (1) of section 560.210, Florida |
| 3341 | Statutes, is amended to read: |
| 3342 | 560.210 Permissible investments.-- |
| 3343 | (1) A registrant shall at all times possess permissible |
| 3344 | investments with an aggregate market value calculated in |
| 3345 | accordance with United States generally accepted accounting |
| 3346 | principles of not less than the aggregate face amount of all |
| 3347 | outstanding funds transmissions transmitted and outstanding |
| 3348 | payment instruments issued or sold by the registrant or an |
| 3349 | authorized vendor in the United States. |
| 3350 | Section 61. Subsection (2) of section 560.211, Florida |
| 3351 | Statutes, is amended to read: |
| 3352 | 560.211 Records.-- |
| 3353 | (2) The records required to be maintained by the code may |
| 3354 | be maintained by the registrant at any location if, provided |
| 3355 | that the registrant notifies the office in writing of the |
| 3356 | location of the records in its application or otherwise by |
| 3357 | amendment as prescribed by commission rule. The registrant shall |
| 3358 | make such records available to the office for examination and |
| 3359 | investigation in this state, as permitted by the code, within 7 |
| 3360 | days after receipt of a written request. |
| 3361 | Section 62. Section 560.305, Florida Statutes, is amended |
| 3362 | to read: |
| 3363 | 560.305 Application.--Each application for registration |
| 3364 | must shall be in writing and under oath to the office, in such |
| 3365 | form as the commission prescribes. The application must contain |
| 3366 | such information as the commission requires by rule, including, |
| 3367 | but not limited to shall include the following: |
| 3368 | (1) The legal name, social security number, and residence |
| 3369 | and business addresses of the applicant if the applicant is a |
| 3370 | natural person, or, if the applicant is a partnership, |
| 3371 | association, or corporation, the name of every partner, officer, |
| 3372 | or director, member, controlling shareholder, or responsible |
| 3373 | person thereof. |
| 3374 | (2) The location of the principal office of the applicant. |
| 3375 | (3) The complete address of any other locations at which |
| 3376 | the applicant proposes to engage in such activities since the |
| 3377 | provisions of registration apply to each and every operating |
| 3378 | location of a registrant. |
| 3379 | (4) Such other information as the commission or office |
| 3380 | reasonably requires with respect to the applicant or any money |
| 3381 | transmitter-affiliated party of the applicant; however, the |
| 3382 | commission or office may not require more information than is |
| 3383 | specified in part II. |
| 3384 | Section 63. Subsections (1) and (4) of section 560.306, |
| 3385 | Florida Statutes, are amended to read: |
| 3386 | 560.306 Standards.-- |
| 3387 | (1) In order to qualify for registration under this part, |
| 3388 | an applicant must demonstrate to the office that he or she has |
| 3389 | such character and general fitness as will command the |
| 3390 | confidence of the public and warrant the belief that the |
| 3391 | registered business will be operated lawfully and fairly. The |
| 3392 | office may investigate each applicant to ascertain whether the |
| 3393 | qualifications and requirements prescribed by this part have |
| 3394 | been met. The office's investigation may include a criminal |
| 3395 | background investigation of all controlling shareholders, |
| 3396 | principals, officers, directors, members, and responsible |
| 3397 | persons of a check casher and a foreign currency exchanger and |
| 3398 | all persons designated by a foreign currency exchanger or check |
| 3399 | casher as an authorized vendor. Each controlling shareholder, |
| 3400 | principal, officer, director, member, and responsible person of |
| 3401 | a check casher or foreign currency exchanger, unless the |
| 3402 | applicant is a publicly traded corporation as defined by the |
| 3403 | commission by rule, a subsidiary thereof, or a subsidiary of a |
| 3404 | bank or bank holding company organized and regulated under the |
| 3405 | laws of any state or the United States, shall file a complete |
| 3406 | set of fingerprints. A fingerprint card submitted to the office |
| 3407 | must be taken by an authorized law enforcement agency officer. |
| 3408 | The office shall submit the Such fingerprints must be submitted |
| 3409 | to the Department of Law Enforcement for state processing and |
| 3410 | the Department of Law Enforcement shall forward the fingerprints |
| 3411 | to or the Federal Bureau of Investigation for state and federal |
| 3412 | processing. The cost for the fingerprint processing may be borne |
| 3413 | by the office, the employer, or the person subject to the |
| 3414 | background check. The Department of Law Enforcement shall submit |
| 3415 | an invoice to the office for the fingerprints received each |
| 3416 | month. The office shall screen the background results to |
| 3417 | determine if the applicant meets licensure requirements. The |
| 3418 | commission may waive by rule the requirement that applicants |
| 3419 | file a set of fingerprints or the requirement that such |
| 3420 | fingerprints be processed by the Department of Law Enforcement |
| 3421 | or the Federal Bureau of Investigation. |
| 3422 | (4) Each registration application and renewal application |
| 3423 | must specify the location at which the applicant proposes to |
| 3424 | establish its principal place of business and any other |
| 3425 | location, including authorized vendors operating in this state. |
| 3426 | The registrant shall notify the office of any changes to any |
| 3427 | such locations. Any registrant may satisfy this requirement by |
| 3428 | providing the office with a list of such locations, including |
| 3429 | all authorized vendors operating in this state, not less than |
| 3430 | annually. A registrant may not transact business as a check |
| 3431 | casher or a foreign currency exchanger except pursuant to the |
| 3432 | name under which it is registered. |
| 3433 | Section 64. Section 560.308, Florida Statutes, is amended |
| 3434 | to read: |
| 3435 | 560.308 Registration terms; renewal; renewal fees.-- |
| 3436 | (1) Registration may be renewed for a 24-month period, or |
| 3437 | the remainder of any such period without proration, following |
| 3438 | the date of its expiration by furnishing such information as the |
| 3439 | commission requires by rule, together with the payment of the |
| 3440 | fees required under subsections (2), (3), and (4). Registration |
| 3441 | pursuant to this part shall remain effective through the |
| 3442 | remainder of the second calendar year following its date of |
| 3443 | issuance unless during such calendar year the registration is |
| 3444 | surrendered, suspended, or revoked. |
| 3445 | (2) Each application for renewal of registration must be |
| 3446 | accompanied by The office shall renew registration upon receipt |
| 3447 | of a completed renewal form and payment of a nonrefundable |
| 3448 | renewal fee not to exceed $500. A registration expires on |
| 3449 | December 31 of the year in which the existing registration |
| 3450 | expires, unless the registrant has renewed his or her |
| 3451 | registration on or before that date The completed renewal form |
| 3452 | and payment of the renewal fee shall occur on or after June 1 of |
| 3453 | the year in which the existing registration expires. |
| 3454 | (3) In addition to the renewal fee required by subsection |
| 3455 | (2), each registrant must pay a 2-year nonrefundable |
| 3456 | registration renewal fee of $50 for each authorized vendor or |
| 3457 | location operating within this state or, at the option of the |
| 3458 | registrant, a total 2-year nonrefundable renewal fee of $20,000 |
| 3459 | may be paid to renew the registration of all such locations |
| 3460 | currently registered at the time of renewal. |
| 3461 | (4) Registration that is not renewed on or before the |
| 3462 | expiration date of the registration period automatically |
| 3463 | expires. A renewal application and fee, and a nonrefundable late |
| 3464 | fee of $250, must be filed within 60 calendar days after the |
| 3465 | expiration of an existing registration in order for the |
| 3466 | registration to be reinstated. The office shall grant a |
| 3467 | reinstatement of registration if application is filed during the |
| 3468 | 60-day period, and the reinstatement is effective upon receipt |
| 3469 | of the required fees and any information that the commission |
| 3470 | requires by rule. If the registrant has not filed an a renewal |
| 3471 | application within 60 calendar days after the expiration date of |
| 3472 | an existing registration, the registration expires and a new |
| 3473 | application must be filed with the office pursuant to s. |
| 3474 | 560.307. |
| 3475 | Section 65. Subsection (2) of section 560.310, Florida |
| 3476 | Statutes, is amended to read: |
| 3477 | 560.310 Records of check cashers and foreign currency |
| 3478 | exchangers.-- |
| 3479 | (2) The records required to be maintained by the code may |
| 3480 | be maintained by the registrant at any location if, provided |
| 3481 | that the registrant notifies the office, in writing, of the |
| 3482 | location of the records in its application or otherwise by |
| 3483 | amendment as prescribed by commission rule. The registrant shall |
| 3484 | make such records available to the office for examination and |
| 3485 | investigation in this state, as permitted by the code, within 7 |
| 3486 | days after receipt of a written request. |
| 3487 | Section 66. Subsections (2) and (4) of section 560.403, |
| 3488 | Florida Statutes, are amended to read: |
| 3489 | 560.403 Requirements of registration; declaration of |
| 3490 | intent.-- |
| 3491 | (2) A registrant under this part shall renew his or her |
| 3492 | intent to engage in the business of deferred presentment |
| 3493 | transactions or to act as a deferred presentment provider upon |
| 3494 | renewing his or her registration under part II or part III and |
| 3495 | shall do so by indicating his or her intent on the renewal form |
| 3496 | and by submitting a nonrefundable deferred presentment provider |
| 3497 | renewal fee of $1,000, in addition to any fees required for |
| 3498 | renewal of registration under part II or part III. |
| 3499 | (4) The notice of intent of a registrant under this part |
| 3500 | who fails to timely renew his or her intent to engage in the |
| 3501 | business of deferred presentment transactions or to act as a |
| 3502 | deferred presentment provider on or before the expiration date |
| 3503 | of the registration period automatically expires. A renewal |
| 3504 | declaration of intent and fee, and a nonrefundable late fee of |
| 3505 | $500, must be filed within 60 calendar days after the expiration |
| 3506 | of an existing registration in order for the declaration of |
| 3507 | intent to be reinstated. The office shall grant a reinstatement |
| 3508 | of registration if application is filed during the 60-day |
| 3509 | period, and the reinstatement is effective upon receipt of the |
| 3510 | required fees and any information that the commission requires |
| 3511 | by rule. If the registrant has not filed a reinstatement of a |
| 3512 | renewal declaration of intent within 60 calendar days after the |
| 3513 | expiration date of an existing registration, the notice of |
| 3514 | intent expires and a new declaration of intent must be filed |
| 3515 | with the office. |
| 3516 | Section 67. Section 655.851, Florida Statutes, is created |
| 3517 | to read: |
| 3518 | 655.851 Unclaimed credit balances.--Credit balances of |
| 3519 | suspense accounts and credit balances only and exactly held by a |
| 3520 | financial institution, credit union, or participant as defined |
| 3521 | by 12 U.S.C. s. 4001(19), which result from the performance of |
| 3522 | or participation in check-clearing functions, whether pursuant |
| 3523 | to a contractual relationship between financial institutions, |
| 3524 | credit unions, or participants, through a clearinghouse as |
| 3525 | defined by s. 674.104, or through a clearinghouse association as |
| 3526 | defined by 12 U.S.C. s. 4001(8), are not subject to s. 717.117. |
| 3527 | This section is intended to be remedial in nature, is intended |
| 3528 | to clarify existing law, and shall apply to credit balances held |
| 3529 | before, on, or after July 1, 2006. |
| 3530 | Section 68. Section 655.935, Florida Statutes, is amended |
| 3531 | to read: |
| 3532 | 655.935 Search procedure on death of lessee.--If |
| 3533 | satisfactory proof of the death of the lessee is presented, a |
| 3534 | lessor shall permit the person named in a court order for the |
| 3535 | purpose, or if no order has been served upon the lessor, the |
| 3536 | spouse, a parent, an adult descendant, or a person named as a |
| 3537 | personal representative in a copy of a purported will produced |
| 3538 | by such person, to open and examine the contents of a safe- |
| 3539 | deposit box leased or co-leased by a decedent, or any documents |
| 3540 | delivered by a decedent for safekeeping, in the presence of an |
| 3541 | officer of the lessor; and the lessor, if so requested by such |
| 3542 | person, shall deliver: |
| 3543 | (1) Any writing purporting to be a will of the decedent, |
| 3544 | to the court having probate jurisdiction in the county in which |
| 3545 | the financial institution is located; |
| 3546 | (2) Any writing purporting to be a deed to a burial plot |
| 3547 | or to give burial instructions, to the person making the request |
| 3548 | for a search; and |
| 3549 | (3) Any document purporting to be an insurance policy on |
| 3550 | the life of the decedent, to the beneficiary named therein. |
| 3551 |
|
| 3552 | No other contents may be removed pursuant to this section and |
| 3553 | access granted pursuant to this section shall not be considered |
| 3554 | the initial opening of the safe-deposit box pursuant to s. |
| 3555 | 733.6065 by a personal representative appointed by a court in |
| 3556 | this state. |
| 3557 | Section 69. Subsections (1) and (2) of section 655.936, |
| 3558 | Florida Statutes, are amended to read: |
| 3559 | 655.936 Delivery of safe-deposit box contents or property |
| 3560 | held in safekeeping to personal representative.-- |
| 3561 | (1) Subject to the provisions of subsection (3), the |
| 3562 | lessor shall immediately deliver to a resident personal |
| 3563 | representative appointed by a court in this state, upon |
| 3564 | presentation of a certified copy of his or her letters of |
| 3565 | authority, all property deposited with it by the decedent for |
| 3566 | safekeeping, and shall grant the resident personal |
| 3567 | representative access to any safe-deposit box in the decedent's |
| 3568 | name and permit him or her to remove from such box any part or |
| 3569 | all of the contents thereof. |
| 3570 | (2) If a foreign personal representative of a deceased |
| 3571 | lessee has been appointed by a court of any other state, a |
| 3572 | lessor may, at its discretion, after 3 months from the issuance |
| 3573 | to such foreign personal representative of his or her letters of |
| 3574 | authority, deliver to such foreign personal representative all |
| 3575 | properties deposited with it for safekeeping and the contents of |
| 3576 | any safe-deposit box in the name of the decedent if at such time |
| 3577 | the lessor has not received written notice of the appointment of |
| 3578 | a personal representative in this state, and such delivery is a |
| 3579 | valid discharge of the lessor for all property or contents so |
| 3580 | delivered. A Such foreign personal representative appointed by a |
| 3581 | court of any other state shall furnish the lessor with an |
| 3582 | affidavit setting forth facts showing the domicile of the |
| 3583 | deceased lessee to be other than this state and stating that |
| 3584 | there are no unpaid creditors of the deceased lessee in this |
| 3585 | state, together with a certified copy of his or her letters of |
| 3586 | authority. A lessor making delivery pursuant to this subsection |
| 3587 | shall maintain in its files a receipt executed by such foreign |
| 3588 | personal representative which itemizes in detail all property so |
| 3589 | delivered. |
| 3590 | Section 70. Section 655.937, Florida Statutes, is amended |
| 3591 | to read: |
| 3592 | 655.937 Access to safe-deposit boxes leased in two or more |
| 3593 | names.-- |
| 3594 | (1) Unless When specifically provided in the lease or |
| 3595 | rental agreement to the contrary, if covering a safe-deposit box |
| 3596 | is heretofore or hereafter rented or leased in the names of two |
| 3597 | or more lessees, that access to the safe-deposit box will be |
| 3598 | granted to either lessee, or to either or the survivor, access |
| 3599 | to the safe-deposit box shall be granted to: |
| 3600 | (a) Either or any of such lessees, regardless of whether |
| 3601 | or not the other lessee or lessees or any of them are living or |
| 3602 | competent.; or |
| 3603 | (b) Subject to s. 655.933, those persons named in s. |
| 3604 | 655.933. |
| 3605 | (c) Subject to s. 655.935, those persons named in s. |
| 3606 | 655.935. |
| 3607 | (d)(b) Subject to s. 773.6065, the personal representative |
| 3608 | of the estate of either or any of such lessees who is deceased, |
| 3609 | or the guardian of the property of either or any of such lessees |
| 3610 | who is incapacitated. |
| 3611 | (2) In all cases described in subsection (1),; and, in |
| 3612 | either such case, the provisions of s. 655.933 apply, and the |
| 3613 | signature on the safe-deposit entry or access record,(or the |
| 3614 | receipt or acquittance, in the case of property or documents |
| 3615 | otherwise held for safekeeping,) is a valid and sufficient |
| 3616 | release and discharge to the lessor for granting access to such |
| 3617 | safe-deposit box or for the delivery of such property or |
| 3618 | documents otherwise held for safekeeping. |
| 3619 | (3)(2) A lessor may not be held liable for damages or |
| 3620 | penalty by reason of any access granted or delivery made |
| 3621 | pursuant to this section. |
| 3622 | (4) The right of access by a co-lessee is separate from |
| 3623 | the rights and responsibilities of other persons who may be |
| 3624 | granted access to a safe-deposit box after the death or |
| 3625 | incapacity of another co-lessee and such right of access is not |
| 3626 | subject to the provisions of s. 655.935 or s. 733.6065 or other |
| 3627 | requirements imposed upon personal representatives, guardians, |
| 3628 | or other fiduciaries. |
| 3629 | (5) After the death of a co-lessee, the surviving co- |
| 3630 | lessee or any other person who is granted access to the safe- |
| 3631 | deposit box pursuant to this section may make a written |
| 3632 | inventory of the box, which must be conducted by the person |
| 3633 | making the request in the presence of one other person as |
| 3634 | specified in this section. Each person present shall verify the |
| 3635 | contents of the box by signing a copy of the inventory under |
| 3636 | penalty of perjury. |
| 3637 | (a) If the person making the written inventory is the |
| 3638 | surviving co-lessee, the other person may be any other person |
| 3639 | granted access pursuant to this section, an employee of the |
| 3640 | institution where the box is located, or an attorney licensed in |
| 3641 | this state. |
| 3642 | (b) If the person making the written inventory is not a |
| 3643 | surviving co-lessee, the other person may be a surviving co- |
| 3644 | lessee, an employee of the institution where the box is located, |
| 3645 | or an attorney licensed in this state. |
| 3646 | Section 71. Effective upon this act becoming a law, |
| 3647 | subsection (3) of section 679.705, Florida Statutes, is amended |
| 3648 | to read: |
| 3649 | 679.705 Effectiveness of action taken before effective |
| 3650 | date.-- |
| 3651 | (3) This act does not render ineffective an effective |
| 3652 | financing statement that, before this act takes effect, is filed |
| 3653 | and satisfies the applicable requirements for perfection under |
| 3654 | the law of the jurisdiction governing perfection as provided in |
| 3655 | s. 679.103, Florida Statutes 2000. However, except as otherwise |
| 3656 | provided in subsections (4) and (5) and s. 679.706, the |
| 3657 | financing statement ceases to be effective at the earlier of: |
| 3658 | (a) The time the financing statement would have ceased to |
| 3659 | be effective under the law of the jurisdiction in which it is |
| 3660 | filed; or |
| 3661 | (b) December 31 June 30, 2006. |
| 3662 | Section 72. Section 733.6065, Florida Statutes, is amended |
| 3663 | to read: |
| 3664 | 733.6065 Opening safe-deposit box.-- |
| 3665 | (1) Subject to the provisions of s. 655.936(2), the |
| 3666 | initial opening of a the decedent's safe-deposit box that is |
| 3667 | leased or co-leased by the decedent shall be conducted in the |
| 3668 | presence of any two of the following persons: an employee of the |
| 3669 | institution where the box is located, the personal |
| 3670 | representative, or the personal representative's attorney of |
| 3671 | record. Each person who is present must verify the contents of |
| 3672 | the box by signing a copy of the inventory under penalties of |
| 3673 | perjury. The personal representative shall file the safe-deposit |
| 3674 | box inventory, together with a copy of the box entry record from |
| 3675 | a date which is 6 months prior to the date of death to the date |
| 3676 | of inventory, with the court within 10 days after the box is |
| 3677 | opened. Unless otherwise ordered by the court, this inventory |
| 3678 | and the attached box entry record is subject to inspection only |
| 3679 | by persons entitled to inspect an inventory under s. 733.604(1). |
| 3680 | The personal representative may remove the contents of the box. |
| 3681 | (2) The right to open and examine the contents of a safe- |
| 3682 | deposit box leased by a decedent, or any documents delivered by |
| 3683 | a decedent for safekeeping, and to receive items as provided for |
| 3684 | in s. 655.935 are separate from in addition to the rights |
| 3685 | provided for in subsection (1). |
| 3686 | Section 73. For the 2006-2007 fiscal year, the recurring |
| 3687 | sum of $700,515 is appropriated from the Regulatory Trust Fund |
| 3688 | to the Office of Financial Regulation for the purpose of |
| 3689 | implementing the provisions of s. 494.0033(2)(b), Florida |
| 3690 | Statutes, for third-party administration of the mortgage broker |
| 3691 | test. |
| 3692 | Section 74. Except as otherwise expressly provided in this |
| 3693 | act, this act shall take effect October 1, 2006. |