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