Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB's 352 & 240
                        Barcode 182894
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/17/2007 06:59 PM         .                    
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11  The Committee on Judiciary (Fasano) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Section 817.545, Florida Statutes, is
19  created to read:
20         817.545  Real property fraud.--
21         (1)  For the purposes of the section, the term
22  "mortgage lending process" means the process through which a
23  person seeks or obtains a residential mortgage loan,
24  including, but not limited to, the solicitation, application
25  or origination, negotiation of terms, third-party provider
26  services, underwriting, signing and closing, and funding of
27  the loan. Documents involved in the mortgage lending process
28  include, but are not limited to, mortgages, deeds, surveys,
29  inspection reports, uniform residential loan applications, or
30  other loan applications; appraisal reports; HUD-1 settlement
31  statements; supporting personal documentation for loan
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB's 352 & 240
                        Barcode 182894
 1  applications such as W-2 forms, verifications of income and
 2  employment, credit reports, bank statements, tax returns, and
 3  payroll stubs; and any required disclosures.
 4         (2)  A person commits the offense of real property
 5  fraud if, with the intent to defraud, the person knowingly:
 6         (a)  Makes any material misstatement,
 7  misrepresentation, or omission during the mortgage lending
 8  process with the intention that the misstatement,
 9  misrepresentation, or omission will be relied on by a mortgage
10  lender, borrower, or any other person or entity involved in
11  the mortgage lending process; however, omissions on a loan
12  application regarding employment, income, or assets for a loan
13  which does not require this information are not considered a
14  material omission for purposes of this subsection.
15         (b)  Uses or facilitates the use of any material
16  misstatement, misrepresentation, or omission during the
17  mortgage lending process with the intention that the material
18  misstatement, misrepresentation, or omission will be relied on
19  by a mortgage lender, borrower, or any other person or entity
20  involved in the mortgage lending process; however, omissions
21  on a loan application regarding employment, income, or assets
22  for a loan which does not require this information are not
23  considered a material omission for purposes of this
24  subsection.
25         (c)  Receives any proceeds or any other funds in
26  connection with the mortgage lending process that the person
27  knew resulted from a violation of paragraph (a) or paragraph
28  (b).
29         (d)  Files or causes to be filed with the clerk of the
30  circuit court for any county of this state a document involved
31  in the mortgage lending process which contains a material
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB's 352 & 240
                        Barcode 182894
 1  misstatement, misrepresentation, or omission.
 2         (3)  An offense of real property fraud may not be
 3  predicated solely upon information lawfully disclosed under
 4  federal disclosure laws, regulations, or interpretations
 5  related to the mortgage lending process.
 6         (4)  For the purpose of venue under this section, any
 7  violation of this section is considered to have been
 8  committed:
 9         (a)  In the county in which the real property is
10  located; or
11         (b)  In any county in which a material act was
12  performed in furtherance of the violation.
13         (5)  Any person who violates subsection (2) commits a
14  felony of the third degree, punishable as provided in s.
15  775.082, s. 775.083, or s. 775.084.
16         Section 2.  This act shall take effect October 1, 2007.
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19  ================ T I T L E   A M E N D M E N T ===============
20  And the title is amended as follows:
21         Delete everything before the enacting clause
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23  and insert:  
24                      A bill to be entitled
25         An act relating to real property fraud;
26         creating s. 817.545, F.S.; defining the term
27         "mortgage lending process"; specifying the
28         elements of the offense of real property fraud;
29         providing that such offense is a third-degree
30         felony; providing for venue with respect to the
31         committed offense; providing penalties;
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB's 352 & 240
                        Barcode 182894
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