Florida Senate - 2012                                    SB 1894
       
       
       
       By Senator Hays
       
       
       
       
       20-01479-12                                           20121894__
    1                        A bill to be entitled                      
    2         An act relating to the Office of Financial Regulation
    3         of the Financial Services Commission; amending s.
    4         215.37, F.S.; providing for the deposit of certain
    5         fees, charges, and fines relating to loan originators
    6         and mortgage brokers into the Professional Regulation
    7         Trust Fund of the Department of Business and
    8         Professional Regulation; providing for a type two
    9         transfer of the administration of ch. 494, F.S.,
   10         relating to loan originators and mortgage brokers,
   11         from the Office of Financial Regulation of the
   12         Financial Services Commission to the Department of
   13         Business and Professional Regulation; amending ss.
   14         494.001, 494.0011, 494.0012, 494.00125, 494.0013,
   15         494.00135, 494.0014, 494.0016, 494.00165, 494.00172,
   16         494.00173, 494.0023, 494.0025, 494.00255, 494.0028,
   17         494.00296, 494.00312, 494.00313, 494.00321, 494.00322,
   18         494.00331, 494.0035, 494.0036, 494.0038, 494.004,
   19         494.00421, 494.00611, 494.00612, 494.0063, 494.0066,
   20         494.00665, 494.0067, 494.0069, 494.00721, 494.0076,
   21         494.0079, 494.00795, and 494.00797, F.S.; conforming
   22         terminology and making technical and grammatical
   23         changes; amending s. 516.01, F.S.; deleting the
   24         definitions of the terms “commission,” “office,”
   25         “license,” “licensee,” and “control person” and
   26         defining the term “lender”; amending s. 516.02, F.S.;
   27         deleting a prohibition against engaging in the
   28         business of making consumer finance loans unless the
   29         person is licensed and otherwise authorized to make
   30         such loans; prohibiting a pawnbroker from making loans
   31         under ch. 516, F.S.; making technical and grammatical
   32         changes; repealing s. 516.03, F.S., relating to
   33         procedures for applying for a license to make consumer
   34         finance loans; amending ss. 516.031 and 516.035, F.S.;
   35         conforming terminology and making technical and
   36         grammatical changes; repealing s. 516.05, F.S.,
   37         relating to procedures to apply for, to renew, or to
   38         reactivate a license to make consumer finance loans;
   39         repealing s. 516.07, F.S., relating to grounds for the
   40         denial of a license to make consumer finance loans or
   41         grounds for disciplinary action; repealing s. 516.11,
   42         F.S., relating to the authority of the Office of
   43         Financial Regulation to make investigations and
   44         examinations relating to consumer finance loans;
   45         repealing s. 516.12, F.S., relating to a requirement
   46         that a person who is licensed to make consumer finance
   47         loans maintain books, accounts, and records; amending
   48         ss. 516.15 and 516.16, F.S.; conforming terminology
   49         and making technical and grammatical changes; amending
   50         s. 516.19, F.S.; conforming a penalty provision;
   51         amending s. 516.21, F.S.; conforming terminology and
   52         making technical and grammatical changes; repealing s.
   53         516.22, F.S., relating to the authority of the
   54         Financial Services Commission to adopt rules and
   55         furnish certified copies of a license, regulation, or
   56         order; repealing s. 516.221, F.S., relating to the
   57         liability of a person who in good faith relies on an
   58         order, declaratory statement, or rule issued by the
   59         Office of Financial Regulation or the Financial
   60         Services Commission; repealing s. 516.23, F.S.,
   61         relating to the authority of the Office of Financial
   62         Regulation to issue subpoenas, bring enforcement
   63         actions, and adopt rules; repealing s. 516.27, F.S.,
   64         relating to preexisting contracts; amending s. 516.31,
   65         F.S.; deleting a provision that requires a purchaser
   66         of retail installment contracts to be licensed under
   67         ch. 520, F.S.; making technical and grammatical
   68         changes; repealing s. 516.32, F.S., relating to a
   69         requirement that the Office of Financial Regulation
   70         promote a consumer credit counseling service; creating
   71         s. 516.38, F.S.; authorizing a borrower under a
   72         consumer finance loan to bring an action to recover
   73         damages, including punitive damages, attorney fees,
   74         and costs; amending s. 520.02, F.S.; deleting the
   75         definitions of “branch,” “commission,” “control
   76         person,” “office,” “person,” and “principal place of
   77         business”; making technical and grammatical changes;
   78         repealing s. 520.03, F.S., relating to a requirement
   79         that a person engaging in the business of a motor
   80         vehicle retail installment seller have a license;
   81         amending s. 520.12, F.S.; deleting provisions
   82         subjecting a person to criminal penalties for engaging
   83         in specified acts or in the business of a retail
   84         installment seller without a license; making technical
   85         and grammatical changes; deleting an exception to a
   86         violation of the requirement that a seller deliver or
   87         mail to the buyer a copy of the contract; amending s.
   88         520.31, F.S.; deleting definitions for the terms
   89         “branch,” “commission,” “control person,” “office,”
   90         and “principal place of business”; repealing s.
   91         520.32, F.S., relating to a requirement that a person
   92         engaging in the business of a retail seller engaging
   93         in the business of retail installment contracts be
   94         licensed by the Office of Financial Regulation;
   95         amending s. 520.34, F.S.; deleting a reference to the
   96         Financial Services Commission; deleting provisions
   97         limiting the application of requirements for retail
   98         installment contracts; making technical and
   99         grammatical changes; amending s. 520.39, F.S.;
  100         deleting a provision that subjects a person to
  101         criminal penalties for engaging in specified acts or
  102         for engaging in the business of a retail seller
  103         engaging in retail installment transactions without a
  104         license; making technical and grammatical changes;
  105         repealing s. 520.41, F.S., relating to the application
  106         of certain provisions of ch. 520, F.S., to contracts
  107         or accounts in effect before a certain date; repealing
  108         s. 520.52, F.S., relating to a requirement that a
  109         person engaging in the business of a sales finance
  110         company or operating a branch office of a sales
  111         finance company be licensed by the Office of Financial
  112         Regulation; amending s. 520.57, F.S.; deleting a
  113         provision that subjects a person to criminal penalties
  114         for engaging in specified acts or in the business of a
  115         sales finance company without a license; making
  116         technical and grammatical changes; amending s. 520.61,
  117         F.S.; deleting the definitions of the terms “branch,”
  118         “commission,” “control person,” and “office”; making
  119         technical and grammatical changes; repealing s.
  120         520.63, F.S., relating to a requirement that a person
  121         who engages in or transacts business as a home
  122         improvement finance seller be licensed by the Office
  123         of Financial Regulation; repealing s. 520.68, F.S.,
  124         relating to exceptions to requirements for a person to
  125         have a home improvement finance seller’s license;
  126         repealing s. 520.69, F.S., relating to a requirement
  127         that a person engaged in the home improvement business
  128         have a license; amending s. 520.76, F.S.; deleting a
  129         reference to the Financial Services Commission; making
  130         technical and grammatical changes; amending s. 520.81,
  131         F.S.; deleting a requirement that the Financial
  132         Services Commission prescribe the form of a
  133         certificate of completion of a home improvement;
  134         amending s. 520.98, F.S.; deleting a provision that
  135         subjects a person to criminal penalties for engaging
  136         in specified acts or for engaging in the business of a
  137         home improvement finance seller or a sales finance
  138         company without a license; making technical and
  139         grammatical changes; repealing part V of ch. 520,
  140         F.S., relating to the regulation of sales and finance
  141         by the Office of Financial Regulation; providing for a
  142         type two transfer of the administration of ch. 537,
  143         F.S., relating to title loans, from the Office of
  144         Financial Regulation of the Financial Services
  145         Commission to the Department of Business and
  146         Professional Regulation; amending ss. 537.001 and
  147         537.002, F.S.; conforming terminology and making
  148         technical and grammatical changes; amending s.
  149         537.003, F.S.; deleting the definitions of the terms
  150         “commission” and “office” and defining the term
  151         “department” to mean the Department of Business and
  152         Professional Regulation; amending s. 537.004, F.S.;
  153         conforming terminology; deleting a requirement that
  154         certain funds relating to the regulation of title
  155         loans be deposited in the Regulator Trust Fund of the
  156         Office of Financial Regulation; amending ss. 537.005
  157         and 537.006, F.S.; conforming terminology; amending
  158         ss. 537.008, 537.009, 537.011, 537.012, 537.013,
  159         537.015, 537.016, and 537.017, F.S.; conforming
  160         terminology; repealing part V of ch. 559, F.S.,
  161         relating to commercial collection; providing for a
  162         type two transfer of the administration of part VI of
  163         ch. 559, F.S., relating to consumer collection
  164         practices, from the Office of Financial Regulation of
  165         the Financial Services Commission to the Department of
  166         Business and Professional Regulation; amending ss.
  167         559.55, 559.553, 559.555, 559.5556, 559.563, 559.565,
  168         559.725, 559.726, 559.727, 559.730, and 559.785, F.S.;
  169         conforming terminology and cross-references; making
  170         technical and grammatical changes; amending s. 687.14,
  171         F.S.; deleting the definitions of the terms
  172         “commission” and “office”; repealing s. 687.144, F.S.,
  173         relating to the authority of the Office of Financial
  174         Regulation to make investigations and examinations and
  175         issue subpoenas relating to interest, usury, and
  176         lending practices; repealing s. 687.145, F.S.,
  177         relating to the authority of the Office of Financial
  178         Regulation to bring actions to enjoin acts in
  179         violation of certain laws regulating interest, usury,
  180         and lending practices; repealing s. 687.148, F.S.,
  181         relating to requirements for the Office of Financial
  182         Regulation to administer and enforce ch. 687, F.S.;
  183         amending ss. 17.20, 20.165, 28.246, 205.1971, 402.33,
  184         501.604, 501.976, 520.13, 560.309, 560.406, 634.271,
  185         681.102, 687.12, 697.05, 721.11, 832.10, and 938.35,
  186         F.S.; conforming cross-references to changes made by
  187         the act; making technical and grammatical changes;
  188         providing an effective date.
  189  
  190  Be It Enacted by the Legislature of the State of Florida:
  191  
  192         Section 1. Section 215.37, Florida Statutes, is amended to
  193  read:
  194         215.37 Department of Business and Professional Regulation
  195  and the boards to be financed from fees collected; deposit of
  196  funds; service charge; appropriation.—
  197         (1) All fees, licenses, and other charges assessed to
  198  practitioners of professions, as defined in chapter 455, by the
  199  Department of Business and Professional Regulation or a board
  200  within the department shall be collected by the department and
  201  shall be deposited in the State Treasury into the Professional
  202  Regulation Trust Fund to the credit of the department.
  203         (2) The regulation of professions as defined in s. 455.01
  204  by the department shall be financed solely from revenue
  205  collected by it from fees and other charges and deposited in the
  206  Professional Regulation Trust Fund, and all such revenue is
  207  hereby appropriated to the department. However, it is
  208  legislative intent that each profession shall operate within its
  209  anticipated fees.
  210         (3) The department shall be charged a service charge
  211  pursuant to chapter 215 on funds deposited in the Professional
  212  Regulation Trust Fund.
  213         (4) The department shall submit a balanced legislative
  214  budget for its regulation of professions, as defined in chapter
  215  455, by division and operating budgets as required of all
  216  governmental subdivisions in chapters 215 and 216, to be based
  217  upon anticipated revenues. Prior to development of the
  218  department’s budget request to the Legislature, the department
  219  shall request that each board submit its proposed budget for the
  220  operation of the board, the board’s office, and other activities
  221  or expanded programs of the board for possible inclusion in the
  222  department’s budget request. Prior to submission of the
  223  department’s budget request to the Legislature, each board, at a
  224  regularly scheduled board meeting, shall review the proposed
  225  request related to its regulation of a profession, as defined in
  226  chapter 455, and either approve the proposed request or submit
  227  to the secretary written exceptions to the department’s proposed
  228  budget. Any board making such exceptions must specify its
  229  objections, the reasons for such exceptions, and proposed
  230  alternatives to the department’s request. The secretary shall
  231  consider all exceptions. When a majority of boards agree on an
  232  exception, the secretary shall make adjustments to the
  233  department’s budget request related to its regulation of
  234  professions, as defined in chapter 455, to reflect the majority
  235  position. If appropriate, the secretary shall file an exception
  236  on behalf of the department. The secretary shall submit to the
  237  Legislature the department’s amended budget request along with
  238  any unresolved exceptions.
  239         (5) The department shall maintain separate accounts in the
  240  Professional Regulation Trust Fund, as provided in s. 455.219,
  241  for every profession within the department.
  242         (6) The department shall maintain a separate account in the
  243  Professional Regulation Trust Fund to receive all fees, charges,
  244  and fines collected pursuant to ss. 494.001-494.0077, except as
  245  provided in s. 494.00172.
  246         Section 2. All of the powers, duties, functions, records,
  247  personnel, and property; unexpended balances of appropriations,
  248  allocations, and other funds; administrative authority;
  249  administrative rules; pending issues; and existing contracts of
  250  the Office of Financial Regulation of the Financial Services
  251  Commission for the administration of chapter 494, Florida
  252  Statutes, relating to loan originators and mortgage brokers, are
  253  transferred by a type two transfer, pursuant to s. 20.06(2),
  254  Florida Statutes, to the Department of Business and Professional
  255  Regulation.
  256         Section 3. Section 494.001, Florida Statutes, is amended to
  257  read:
  258         494.001 Definitions.—As used in ss. 494.001-494.0077, the
  259  term:
  260         (1) “Borrower” means a person obligated to repay a mortgage
  261  loan and includes, but is not limited to, a coborrower or
  262  cosignor.
  263         (2) “Branch manager” means the licensed loan originator in
  264  charge of, and responsible for, the operation of the branch
  265  office of a mortgage broker or mortgage lender.
  266         (3) “Branch office” means a location, other than a mortgage
  267  broker’s or mortgage lender’s principal place of business:
  268         (a) The address of which appears on business cards,
  269  stationery, or advertising used by the licensee in connection
  270  with business conducted under this chapter;
  271         (b) At which the licensee’s name, advertising or
  272  promotional materials, or signage suggests that mortgage loans
  273  are originated, negotiated, funded, or serviced; or
  274         (c) At which mortgage loans are originated, negotiated,
  275  funded, or serviced by a licensee.
  276         (4) “Commission” means the Financial Services Commission.
  277         (4)(5) “Contract loan processor” means an individual who is
  278  licensed under part II of this chapter as a loan originator, who
  279  is an independent contractor for a mortgage broker or mortgage
  280  lender, and who engages only in loan processing.
  281         (5)(6) “Control person” means an individual, partnership,
  282  corporation, trust, or other organization that possesses the
  283  power, directly or indirectly, to direct the management or
  284  policies of a company, whether through ownership of securities,
  285  by contract, or otherwise. The term includes, but is not limited
  286  to:
  287         (a) A company’s executive officers, including the
  288  president, chief executive officer, chief financial officer,
  289  chief operations officer, chief legal officer, chief compliance
  290  officer, director, and other individuals having similar status
  291  or functions.
  292         (b) For a corporation, each shareholder that, directly or
  293  indirectly, owns 10 percent or more or that has the power to
  294  vote 10 percent or more, of a class of voting securities unless
  295  the applicant is a publicly traded company.
  296         (c) For a partnership, all general partners and limited or
  297  special partners that have contributed 10 percent or more or
  298  that have the right to receive, upon dissolution, 10 percent or
  299  more of the partnership’s capital.
  300         (d) For a trust, each trustee.
  301         (e) For a limited liability company, all elected managers
  302  and those members that have contributed 10 percent or more or
  303  that have the right to receive, upon dissolution, 10 percent or
  304  more of the partnership’s capital.
  305         (f) Principal loan originators.
  306         (6)(7) “Credit report” means any written, oral, or other
  307  information obtained from a consumer reporting agency as
  308  described in the federal Fair Credit Reporting Act, which bears
  309  on an individual’s credit worthiness, credit standing, or credit
  310  capacity. A credit score alone, as calculated by the reporting
  311  agency, is not considered a credit report.
  312         (7)(8) “Credit score” means a score, grade, or value that
  313  is derived by using data from a credit report in any type of
  314  model, method, or program, whether electronically, in an
  315  algorithm, in a computer software or program, or by any other
  316  process for the purpose of grading or ranking credit report
  317  data.
  318         (8) ”Department” means the Department of Business and
  319  Professional Regulation.
  320         (9) “Depository institution” has the same meaning as in s.
  321  (3)(c) of the Federal Deposit Insurance Act, and includes any
  322  credit union.
  323         (10) “Financial audit report” means a report prepared in
  324  connection with a financial audit that is conducted in
  325  accordance with generally accepted auditing standards prescribed
  326  by the American Institute of Certified Public Accountants by a
  327  certified public accountant licensed to do business in the
  328  United States, and which must include:
  329         (a) Financial statements, including notes related to the
  330  financial statements and required supplementary information,
  331  prepared in conformity with United States generally accepted
  332  accounting principles.
  333         (b) An expression of opinion regarding whether the
  334  financial statements are presented in conformity with United
  335  States generally accepted accounting principles, or an assertion
  336  to the effect that such an opinion cannot be expressed and the
  337  reasons.
  338         (11) “In-house loan processor” means an individual who is
  339  an employee of a mortgage broker or a mortgage lender who
  340  engages only in loan processing.
  341         (12) “Institutional investor” means a depository
  342  institution, real estate investment trust, insurance company,
  343  real estate company, accredited investor as defined in 17 C.F.R.
  344  ss. 230.501 et seq., mortgage broker or mortgage lender licensed
  345  under this chapter, or other business entity that invests in
  346  mortgage loans, including a secondary mortgage market
  347  institution including, without limitation, the Federal National
  348  Mortgage Association, the Federal Home Loan Mortgage
  349  Corporation, and the Government National Mortgage Association,
  350  conduits, investment bankers, and any subsidiary of such
  351  entities.
  352         (13) “Loan commitment” or “commitment” means a statement by
  353  the lender setting forth the terms and conditions upon which the
  354  lender is willing to make a particular mortgage loan to a
  355  particular borrower.
  356         (14) “Loan modification” means a modification to an
  357  existing loan. The term does not include a refinancing
  358  transaction.
  359         (15) “Loan origination fee” means the total compensation
  360  from any source received by a mortgage broker acting as a loan
  361  originator. Any payment for processing mortgage loan
  362  applications must be included in the fee and must be paid to the
  363  mortgage broker.
  364         (16) “Loan originator” means an individual who, directly or
  365  indirectly, solicits or offers to solicit a mortgage loan,
  366  accepts or offers to accept an application for a mortgage loan,
  367  negotiates or offers to negotiate the terms or conditions of a
  368  new or existing mortgage loan on behalf of a borrower or lender,
  369  or negotiates or offers to negotiate the sale of an existing
  370  mortgage loan to a noninstitutional investor for compensation or
  371  gain. The term includes an individual who is required to be
  372  licensed as a loan originator under the S.A.F.E. Mortgage
  373  Licensing Act of 2008. The term does not include an employee of
  374  a mortgage broker or mortgage lender whose duties are limited to
  375  physically handling a completed application form or transmitting
  376  a completed application form to a lender on behalf of a
  377  prospective borrower.
  378         (17) “Loan processing” means:
  379         (a) Receiving, collecting, distributing, and analyzing
  380  information common for the processing of a mortgage loan; or
  381         (b) Communicating with a consumer to obtain information
  382  necessary for the processing of a mortgage loan if such
  383  communication does not include offering or negotiating loan
  384  rates or terms, or counseling consumers about residential
  385  mortgage loan rates or terms.
  386         (18) “Lock-in agreement” means an agreement whereby the
  387  lender guarantees for a specified number of days or until a
  388  specified date the availability of a specified rate of interest
  389  or specified formula by which the rate of interest will be
  390  determined or specific number of discount points will be given,
  391  if the loan is approved and closed within the stated period of
  392  time.
  393         (19) “Making a mortgage loan” means closing a mortgage loan
  394  in a person’s name, advancing funds, offering to advance funds,
  395  or making a commitment to advance funds to an applicant for a
  396  mortgage loan.
  397         (20) “Material change” means a change that would be
  398  important to a reasonable borrower in making a borrowing
  399  decision, and includes a change in the interest rate previously
  400  offered a borrower, a change in the type of loan offered to a
  401  borrower, or a change in fees to be charged to a borrower
  402  resulting in total fees greater than $100.
  403         (21) “Mortgage broker” means a person conducting loan
  404  originator activities through one or more licensed loan
  405  originators employed by the mortgage broker or as independent
  406  contractors to the mortgage broker.
  407         (22) “Mortgage lender” means a person making a mortgage
  408  loan or servicing a mortgage loan for others, or, for
  409  compensation or gain, directly or indirectly, selling or
  410  offering to sell a mortgage loan to a noninstitutional investor.
  411         (23) “Mortgage loan” means any:
  412         (a) Residential loan primarily for personal, family, or
  413  household use which is secured by a mortgage, deed of trust, or
  414  other equivalent consensual security interest on a dwelling, as
  415  defined in s. 103(v) of the federal Truth in Lending Act, or for
  416  the purchase of residential real estate upon which a dwelling is
  417  to be constructed;
  418         (b) Loan on commercial real property if the borrower is an
  419  individual or the lender is a noninstitutional investor; or
  420         (c) Loan on improved real property consisting of five or
  421  more dwelling units if the borrower is an individual or the
  422  lender is a noninstitutional investor.
  423         (24) “Mortgage loan application” means the submission of a
  424  borrower’s financial information in anticipation of a credit
  425  decision, which includes the borrower’s name, the borrower’s
  426  monthly income, the borrower’s social security number to obtain
  427  a credit report, the property address, an estimate of the value
  428  of the property, the mortgage loan amount sought, and any other
  429  information deemed necessary by the loan originator. An
  430  application may be in writing or electronically submitted,
  431  including a written record of an oral application.
  432         (25) “Net worth” means total assets minus total liabilities
  433  pursuant to United States generally accepted accounting
  434  principles.
  435         (26) “Noninstitutional investor” means an investor other
  436  than an institutional investor.
  437         (27) “Office” means the Office of Financial Regulation.
  438         (27)(28) “Principal loan originator” means the licensed
  439  loan originator in charge of, and responsible for, the operation
  440  of a mortgage lender or mortgage broker, including all of the
  441  activities of the mortgage lender’s or mortgage broker’s loan
  442  originators, in-house loan processors, and branch managers,
  443  whether employees or independent contractors.
  444         (28)(29) “Principal place of business” means a mortgage
  445  broker’s or mortgage lender’s primary business office, the
  446  street address, or physical location that is designated on the
  447  application for licensure or any amendment to such application.
  448         (29)(30) “Registered loan originator” means a loan
  449  originator who is employed by a depository institution, by a
  450  subsidiary that is owned and controlled by a depository
  451  institution and regulated by a federal banking agency, or by an
  452  institution regulated by the Farm Credit Administration, and who
  453  is registered with and maintains a unique identifier through the
  454  registry.
  455         (30)(31) “Registry” means the Nationwide Mortgage Licensing
  456  System and Registry, which is the mortgage licensing system
  457  developed and maintained by the Conference of State Bank
  458  Supervisors and the American Association of Residential Mortgage
  459  Regulators for the licensing and registration of loan
  460  originators.
  461         (31)(32) “Relative” means any of the following, whether by
  462  the full or half blood or by adoption:
  463         (a) A person’s spouse, father, mother, children, brothers,
  464  and sisters.
  465         (b) The father, mother, brothers, and sisters of the
  466  person’s spouse.
  467         (c) The spouses of the person’s children, brothers, or
  468  sisters.
  469         (32)(33) “Servicing endorsement” means authorizing a
  470  mortgage lender to service a loan for more than 4 months.
  471         (33)(34) “Servicing a mortgage loan” means to receive,
  472  cause to be received, or transferred for another, installment
  473  payments of principal, interest, or other payments pursuant to a
  474  mortgage loan.
  475         (34)(35) “Substantial fault of the borrower” means that the
  476  borrower:
  477         (a) Failed to provide information or documentation required
  478  by the lender or broker in a timely manner;
  479         (b) Provided information, in the application or
  480  subsequently, which upon verification proved to be significantly
  481  inaccurate, causing the need for review or further investigation
  482  by the lender or broker;
  483         (c) Failed to produce by the date specified by the lender
  484  all documentation specified in the commitment or closing
  485  instructions as being required for closing; or
  486         (d) Failed to be ready, willing, or able to close the loan
  487  by the date specified by the lender or broker.
  488  
  489  For purposes of this definition, a borrower is considered to
  490  have provided information or documentation in a timely manner if
  491  such information and documentation was received by the lender
  492  within 7 days after the borrower received a request for same,
  493  and information is considered significantly inaccurate if the
  494  correct information materially affects the eligibility of the
  495  borrower for the loan for which application is made.
  496         (35)(36) “Ultimate equitable owner” means an individual
  497  who, directly or indirectly, owns or controls an ownership
  498  interest in a corporation, a foreign corporation, an alien
  499  business organization, or any other form of business
  500  organization, regardless of whether the individual owns or
  501  controls such interest through one or more individuals or one or
  502  more proxies, powers of attorney, nominees, corporations,
  503  associations, partnerships, trusts, joint stock companies, or
  504  other entities or devices, or any combination thereof.
  505         Section 4. Section 494.0011, Florida Statutes, is amended
  506  to read:
  507         494.0011 Powers and duties of the department commission and
  508  office.—
  509         (1) The department office shall be responsible for the
  510  administration and enforcement of ss. 494.001-494.0077.
  511         (2) The department commission may adopt rules to administer
  512  parts I, II, and III of this chapter, including rules:
  513         (a) Requiring electronic submission of any forms,
  514  documents, or fees required by this act.
  515         (b) Relating to compliance with the S.A.F.E. Mortgage
  516  Licensing Act of 2008, including rules to:
  517         1. Require loan originators, mortgage brokers, mortgage
  518  lenders, and branch offices to register through the registry.
  519         2. Require the use of uniform forms that have been approved
  520  by the registry, and any subsequent amendments to such forms if
  521  the forms are substantially in compliance with the provisions of
  522  this chapter. Uniform forms that the department commission may
  523  adopt include, but are not limited to:
  524         a. Uniform Mortgage Lender/Mortgage Broker Form, MU1.
  525         b. Uniform Mortgage Biographical Statement & Consent Form,
  526  MU2.
  527         c. Uniform Mortgage Branch Office Form, MU3.
  528         d. Uniform Individual Mortgage License/Registration &
  529  Consent Form, MU4.
  530         3. Require the filing of forms, documents, and fees in
  531  accordance with the requirements of the registry.
  532         4. Prescribe requirements for amending or surrendering a
  533  license or other activities as the department commission deems
  534  necessary for the department’s office’s participation in the
  535  registry.
  536         5. Prescribe procedures that allow a licensee to challenge
  537  information contained in the registry.
  538         6. Prescribe procedures for reporting violations of this
  539  chapter and disciplinary actions on licensees to the registry.
  540         (c) Establishing time periods during which a loan
  541  originator, mortgage broker, or mortgage lender license
  542  applicant under part II or part III is barred from licensure due
  543  to prior criminal convictions of, or guilty or nolo contendere
  544  pleas by, any of the applicant’s control persons, regardless of
  545  adjudication.
  546         1. The rules must provide:
  547         a. Permanent bars for felonies involving fraud, dishonesty,
  548  breach of trust, or money laundering;
  549         b. A 15-year disqualifying period for felonies involving
  550  moral turpitude;
  551         c. A 7-year disqualifying period for all other felonies;
  552  and
  553         d. A 5-year disqualifying period for misdemeanors involving
  554  fraud, dishonesty, or any other act of moral turpitude.
  555         2. The rules may provide for an additional waiting period
  556  due to dates of imprisonment or community supervision, the
  557  commitment of multiple crimes, and other factors reasonably
  558  related to the applicant’s criminal history.
  559         3. The rules may provide for mitigating factors for crimes
  560  identified in sub-subparagraph 1.b. However, the mitigation may
  561  not result in a period of disqualification less than 7 years.
  562  The rule may not mitigate the disqualifying periods in sub
  563  subparagraphs 1.a., 1.c., and 1.d.
  564         4. An applicant is not eligible for licensure until the
  565  expiration of the disqualifying period set by rule.
  566         5. Section 112.011 is not applicable to eligibility for
  567  licensure under this part.
  568         (3) Except as provided in s. 494.00172, all fees, charges,
  569  and fines collected pursuant to ss. 494.001-494.0077 shall be
  570  deposited in the Professional Regulation Regulatory Trust Fund
  571  of the department office.
  572         (4) The department office shall participate in the registry
  573  and shall regularly report to the registry violations of this
  574  chapter, disciplinary actions, and other information deemed
  575  relevant by the department office under this chapter.
  576         Section 5. Section 494.0012, Florida Statutes, is amended
  577  to read:
  578         494.0012 Investigations; complaints; examinations.—
  579         (1) The department office may conduct an investigation of
  580  any person whenever the department office has reason to believe,
  581  either upon complaint or otherwise, that any violation of ss.
  582  494.001-494.0077 has been committed or is about to be committed.
  583         (2) Any person having reason to believe that a provision of
  584  this act has been violated may file a written complaint with the
  585  department office setting forth details of the alleged
  586  violation.
  587         (3)(a) The department office may, at intermittent periods,
  588  conduct examinations of any licensee or other person under the
  589  provisions of ss. 494.001-494.0077.
  590         (b) The department office shall conduct all examinations at
  591  a convenient location in this state unless the department office
  592  determines that it is more effective or cost-efficient to
  593  perform an examination at the licensee’s out-of-state location.
  594  For an examination performed at the licensee’s out-of-state
  595  location, the licensee shall pay the travel expense and per diem
  596  subsistence at the rate provided by law for up to thirty 8-hour
  597  days per year for each department office examiner who
  598  participates in such an examination. However, if the examination
  599  involves or reveals fraudulent conduct by the licensee, the
  600  licensee shall pay the travel expense and per diem subsistence
  601  provided by law, without limitation, for each participating
  602  examiner.
  603         Section 6. Section 494.00125, Florida Statutes, is amended
  604  to read:
  605         494.00125 Public records exemptions.—
  606         (1) INVESTIGATIONS OR EXAMINATIONS.—
  607         (a) Except as otherwise provided by this subsection,
  608  information relative to an investigation or examination by the
  609  department office pursuant to this chapter, including any
  610  consumer complaint received by the department office or the
  611  Department of Financial Services, is confidential and exempt
  612  from s. 119.07(1) until the investigation or examination is
  613  completed or ceases to be active. For purposes of this
  614  subsection, an investigation or examination is considered active
  615  if the department office or any law enforcement or
  616  administrative agency is proceeding with reasonable dispatch and
  617  has a reasonable good faith belief that the investigation or
  618  examination may lead to the filing of an administrative, civil,
  619  or criminal proceeding or to the denial or conditional grant of
  620  a license.
  621         (b) This subsection does not prohibit the disclosure of
  622  information that is filed with the department office as a normal
  623  condition of licensure and that which, but for the investigation
  624  or examination, would be subject to s. 119.07(1).
  625         (c) Except as necessary for the department office to
  626  enforce the provisions of this chapter, a consumer complaint and
  627  other information relative to an investigation or examination
  628  shall remain confidential and exempt from s. 119.07(1) after the
  629  investigation or examination is completed or ceases to be active
  630  to the extent disclosure would:
  631         1. Jeopardize the integrity of another active investigation
  632  or examination.
  633         2. Reveal the name, address, telephone number, social
  634  security number, or any other identifying number or information
  635  of any complainant, customer, or account holder.
  636         3. Disclose the identity of a confidential source.
  637         4. Disclose investigative techniques or procedures.
  638         5. Reveal a trade secret as defined in s. 688.002.
  639         (d) If department office personnel are or have been
  640  involved in an investigation or examination of such nature as to
  641  endanger their lives or physical safety or that of their
  642  families, the home addresses, telephone numbers, places of
  643  employment, and photographs of such personnel, together with the
  644  home addresses, telephone numbers, photographs, and places of
  645  employment of spouses and children of such personnel and the
  646  names and locations of schools and day care facilities attended
  647  by the children of such personnel are confidential and exempt
  648  from s. 119.07(1).
  649         (e)  This subsection does not prohibit the department
  650  office from providing confidential and exempt information to any
  651  law enforcement or administrative agency. Any law enforcement or
  652  administrative agency receiving confidential and exempt
  653  information in connection with its official duties shall
  654  maintain the confidentiality of the information if it would
  655  otherwise be confidential.
  656         (f) All information obtained by the department office from
  657  any person which is only made available to the department office
  658  on a confidential or similarly restricted basis shall be
  659  confidential and exempt from s. 119.07(1).
  660         (g) If information subject to this subsection is offered in
  661  evidence in any administrative, civil, or criminal proceeding,
  662  the presiding officer may prevent the disclosure of information
  663  that would be confidential pursuant to paragraph (c).
  664         (h) A privilege against civil liability is granted to a
  665  person who furnishes information or evidence to the department
  666  office, unless such person acts in bad faith or with malice in
  667  providing such information or evidence.
  668         (2) FINANCIAL STATEMENTS.—All audited financial statements
  669  submitted pursuant to ss. 494.001-494.0077 are confidential and
  670  exempt from the requirements of s. 119.07(1), except that office
  671  employees may have access to such information in the
  672  administration and enforcement of ss. 494.001-494.0077 and such
  673  information may be used by department office personnel in the
  674  prosecution of violations under ss. 494.001-494.0077.
  675         (3) CREDIT INFORMATION.—
  676         (a) Credit history information and credit scores held by
  677  the department office and related to licensing under ss.
  678  494.001-494.0077 are confidential and exempt from s. 119.07(1)
  679  and s. 24(a), Art. I of the State Constitution.
  680         (b) Credit history information and credit scores made
  681  confidential and exempt pursuant to paragraph (a) may be
  682  provided by the department office to another governmental entity
  683  having oversight or regulatory or law enforcement authority.
  684         (c) This subsection does not apply to information that is
  685  otherwise publicly available.
  686         (d) This subsection is subject to the Open Government
  687  Sunset Review Act in accordance with s. 119.15 and shall stand
  688  repealed on October 2, 2015, unless reviewed and saved from
  689  repeal through reenactment by the Legislature.
  690         Section 7. Section 494.0013, Florida Statutes, is amended
  691  to read:
  692         494.0013 Injunction to restrain violations.—
  693         (1) The department office may bring action through its own
  694  counsel in the name and on behalf of the state against any
  695  person who has violated or is about to violate any provision of
  696  ss. 494.001-494.0077 or any rule of the department commission or
  697  order of the department office issued under ss. 494.001-494.0077
  698  to enjoin the person from continuing in or engaging in any act
  699  in furtherance of the violation.
  700         (2) In any injunctive proceeding, the court may, on due
  701  showing by the department office, issue a subpoena or subpoena
  702  duces tecum requiring the attendance of any witness and
  703  requiring the production of any books, accounts, records, or
  704  other documents and materials that appear necessary to the
  705  expeditious resolution of the application for injunction.
  706         (3) In addition to all other means provided by law for the
  707  enforcement of any temporary restraining order, temporary
  708  injunction, or permanent injunction issued in any such court
  709  proceeding, the court has the power and jurisdiction, upon
  710  application of the department office, to impound, and to appoint
  711  a receiver or administrator for, the property, assets, and
  712  business of the defendant, including, but not limited to, the
  713  books, records, documents, and papers appertaining thereto. Such
  714  receiver or administrator, when appointed and qualified, has all
  715  powers and duties as to custody, collection, administration,
  716  winding up, and liquidation of the property and business as are
  717  from time to time conferred upon him or her by the court. In any
  718  such action, the court may issue an order staying all pending
  719  suits and enjoining any further suits affecting the receiver’s
  720  or administrator’s custody or possession of the property,
  721  assets, and business, or the court, in its discretion and with
  722  the consent of the chief judge of the circuit, may require that
  723  all such suits be assigned to the circuit court judge who
  724  appoints the receiver or administrator.
  725         Section 8. Section 494.00135, Florida Statutes, is amended
  726  to read:
  727         494.00135 Subpoenas.—
  728         (1) The department office may:
  729         (a) Issue and serve subpoenas and subpoenas duces tecum to
  730  compel the attendance of witnesses and the production of all
  731  books, accounts, records, and other documents and materials
  732  relevant to an examination or investigation conducted by the
  733  department office. The department office, or its authorized
  734  representative, may administer oaths and affirmations to any
  735  person.
  736         (b) Seek subpoenas or subpoenas duces tecum from any court
  737  to command the appearance of witnesses and the production of
  738  books, accounts, records, and other documents or materials at a
  739  time and place named in the subpoenas, and an authorized
  740  representative of the department office may serve such
  741  subpoenas.
  742         (2) If there is substantial noncompliance with a subpoena
  743  or subpoena duces tecum issued by the department office, the
  744  department office may petition the court in the county where the
  745  person subpoenaed resides or has his or her principal place of
  746  business for an order requiring the person to appear, testify,
  747  or produce such books, accounts, records, and other documents as
  748  are specified in the subpoena or subpoena duces tecum.
  749         (a) The court may grant injunctive relief restraining the
  750  person from advertising, promoting, soliciting, entering into,
  751  offering to enter into, continuing, or completing a mortgage
  752  loan or servicing a mortgage loan.
  753         (b) The court may grant such other relief, including, but
  754  not limited to, the restraint, by injunction or appointment of a
  755  receiver, of any transfer, pledge, assignment, or other
  756  disposition of the person’s assets or any concealment,
  757  alteration, destruction, or other disposition of books,
  758  accounts, records, or other documents and materials as the court
  759  deems appropriate, until the person has fully complied with the
  760  subpoena duces tecum and the department office has completed its
  761  investigation or examination.
  762         (c) The court may order the refund of any fees collected in
  763  a mortgage loan transaction if books and documents
  764  substantiating the transaction are not produced or cannot be
  765  produced.
  766         (d) If it appears to the department office that compliance
  767  with a subpoena or subpoena duces tecum issued is essential and
  768  otherwise unavailable to an investigation or examination, the
  769  department office may apply to the court for a writ of ne exeat
  770  pursuant to s. 68.02.
  771         (e) The department office may seek a writ of attachment to
  772  obtain all books, accounts, records, and other documents and
  773  materials relevant to an examination or investigation.
  774         (3) The department office is entitled to the summary
  775  procedure provided in s. 51.011, and the court shall advance
  776  such cause on its calendar. Attorney Attorney’s fees and any
  777  other costs incurred by the department office to obtain an order
  778  granting, in whole or in part, a petition for enforcement of a
  779  subpoena or subpoena duces tecum shall be taxed against the
  780  subpoenaed person, and failure to comply with such order is a
  781  contempt of court.
  782         Section 9. Section 494.0014, Florida Statutes, is amended
  783  to read:
  784         494.0014 Cease and desist orders; refund orders.—
  785         (1) The department office may issue and serve upon any
  786  person an order to cease and desist and to take corrective
  787  action if it has reason to believe the person is violating, has
  788  violated, or is about to violate any provision of ss. 494.001
  789  494.0077, any rule or order issued under ss. 494.001-494.0077,
  790  or any written agreement between the person and the department
  791  office. All procedural matters relating to issuance and
  792  enforcement of such order are governed by the Administrative
  793  Procedure Act.
  794         (2) The department office may order the refund of any fee
  795  directly or indirectly assessed and charged on a mortgage loan
  796  transaction which is unauthorized or exceeds the maximum fee
  797  specifically authorized in ss. 494.001-494.0077, or any amount
  798  collected for the payment of third-party fees which exceeds the
  799  cost of the service provided.
  800         Section 10. Section 494.0016, Florida Statutes, is amended
  801  to read:
  802         494.0016 Books, accounts, and records; maintenance;
  803  examinations by the department office.—
  804         (1) Each licensee shall maintain, at the principal place of
  805  business designated on the license, all books, accounts,
  806  records, and documents necessary to determine the licensee’s
  807  compliance with ss. 494.001-494.0077.
  808         (2) The department office may authorize maintenance of
  809  records at a location other than a principal place of business.
  810  The department office may require books, accounts, and records
  811  to be produced and available at a reasonable and convenient
  812  location in this state.
  813         (3) All books, accounts, records, documents, and receipts
  814  for expenses paid by the licensee on behalf of the borrower,
  815  including each closing statement signed by a borrower, shall be
  816  preserved and kept available for examination by the department
  817  office for at least 3 years after the date of original entry.
  818         (4) The department commission may prescribe by rule the
  819  minimum information to be shown in the books, accounts, records,
  820  and documents of licensees so that such records will enable the
  821  department office to determine the licensee’s compliance with
  822  ss. 494.001-494.0077. In addition, the department commission may
  823  prescribe by rule requirements for the destruction of books,
  824  accounts, records, and documents retained by the licensee after
  825  completion of the time period specified in subsection (3).
  826         Section 11. Subsection (2) of section 494.00165, Florida
  827  Statutes, is amended to read:
  828         494.00165 Prohibited advertising; record requirements.—
  829         (2) Each person required to be licensed under this chapter
  830  must maintain a record of samples of each of its advertisements,
  831  including commercial scripts of each radio or television
  832  broadcast, for examination by the department office for 2 years
  833  after the date of publication or broadcast.
  834         Section 12. Section 494.00172, Florida Statutes, is amended
  835  to read:
  836         494.00172 Mortgage Guaranty Trust Fund; payment of fees and
  837  claims.—A nonrefundable fee is imposed on each application for a
  838  mortgage broker, mortgage lender, or loan originator license and
  839  on each annual application for a renewal of such license. For a
  840  loan originator, the initial and renewal fee is $20. For
  841  mortgage brokers and lenders, the initial and renewal fee is
  842  $100. This fee is in addition to the regular application or
  843  renewal fee assessed and shall be deposited into the Mortgage
  844  Guaranty Trust Fund of the department office for the payment of
  845  claims in accordance with this section.
  846         (1) If the amount in the trust fund exceeds $5 million, the
  847  additional fee shall be discontinued and may not be reimposed
  848  until the fund is reduced to below $1 million pursuant to
  849  disbursements made in accordance with this section.
  850         (2) A borrower in a mortgage loan transaction is eligible
  851  to seek recovery from the trust fund if all of the following
  852  conditions are met:
  853         (a) The borrower has recorded a final judgment issued by a
  854  state court wherein the cause of action against a licensee under
  855  this chapter was based on a violation of this chapter and the
  856  damages were the result of that violation.
  857         (b) The borrower has caused a writ of execution to be
  858  issued upon such judgment, and the officer executing the
  859  judgment has made a return showing that no personal or real
  860  property of the judgment debtor liable to be levied upon in
  861  satisfaction of the judgment can be found or that the amount
  862  realized on the sale of the judgment debtor’s property pursuant
  863  to such execution is insufficient to satisfy the judgment.
  864         (c) The borrower has made all reasonable searches and
  865  inquiries to ascertain whether the judgment debtor possesses
  866  real or personal property or other assets subject to being sold
  867  or applied in satisfaction of the judgment, and has discovered
  868  no such property or assets; or he or she has discovered property
  869  and assets and has taken all necessary action and proceedings
  870  for the application thereof to the judgment, but the amount
  871  realized is insufficient to satisfy the judgment.
  872         (d) The borrower has applied any amounts recovered from the
  873  judgment debtor, or from any other source, to the damages
  874  awarded by the court.
  875         (e) The borrower, at the time the action was instituted,
  876  gave notice and provided a copy of the complaint to the
  877  department office by certified mail. The requirement of a timely
  878  giving of notice may be waived by the department office upon a
  879  showing of good cause.
  880         (f) The act for which recovery is sought occurred on or
  881  after January 1, 2011.
  882         (3) The requirements of subsection (2) are not applicable
  883  if the licensee upon which the claim is sought has filed for
  884  bankruptcy or has been adjudicated bankrupt. However, the
  885  claimant must file a proof of claim in the bankruptcy
  886  proceedings and must notify the department office by certified
  887  mail of the claim by enclosing a copy of the proof of claim and
  888  all supporting documents.
  889         (4) Any person who meets all of the conditions in
  890  subsection (2) may apply to the department office for payment
  891  from the trust fund equal to the unsatisfied portion of that
  892  person’s judgment or $50,000, whichever is less, but only to the
  893  extent that the amount reflected in the judgment is for actual
  894  or compensatory damages, plus any attorney attorney’s fees and
  895  costs awarded by the trial court which have been determined by
  896  the court, and the documented costs associated with attempting
  897  to collect the judgment. Actual or compensatory damages may not
  898  include postjudgment interest. Attorney Attorney’s fees may not
  899  exceed $5,000 or 20 percent of the actual or compensatory
  900  damages, whichever is less. If actual or compensatory damages,
  901  plus attorney attorney’s fees and costs, exceed $50,000, actual
  902  or compensatory damages must be paid first. The cumulative
  903  payment for actual or compensatory damages, plus attorney
  904  attorney’s fees and costs, may not exceed $50,000 as described
  905  in this section.
  906         (a) A borrower may not collect more than $50,000 from the
  907  trust fund for any claim regardless of the number of licensees
  908  liable for the borrower’s damages.
  909         (b) Payments for claims are limited in the aggregate to
  910  $250,000 against any one licensee under this chapter. If the
  911  total claims exceed the aggregate limit of $250,000, the
  912  department office shall prorate payments based on the ratio that
  913  a claim bears to the total claims filed.
  914         (c) Payments shall be made to all persons meeting the
  915  requirements of subsection (2) 2 years after the date the first
  916  complete and valid notice is received by the department office.
  917  Persons who give notice after 2 years and who otherwise comply
  918  with the conditions precedent to recovery may recover from any
  919  remaining portion of the $250,000 aggregate as provided in this
  920  subsection, with claims being paid in the order notice was
  921  received until the $250,000 aggregate has been disbursed.
  922         (d) The claimant shall assign his or her right, title, and
  923  interest in the judgment, to the extent of his or her recovery
  924  from the fund, to the department office and shall record, at his
  925  or her own expense, the assignment of judgment in every county
  926  where the judgment is recorded.
  927         (e) If the money in the fund is insufficient to satisfy any
  928  valid claim or portion thereof, the department office shall
  929  satisfy such unpaid claim or portion as soon as a sufficient
  930  amount of money has been deposited in the trust fund. If there
  931  is more than one unsatisfied claim outstanding, such claims
  932  shall be paid in the order in which the claims were filed with
  933  the department office.
  934         (f) The payment of any amount from the fund in settlement
  935  of a claim or in satisfaction of a judgment against a licensee
  936  constitutes prima facie grounds for the revocation of the
  937  license.
  938         Section 13. Subsection (1) of section 494.00173, Florida
  939  Statutes, is amended to read:
  940         494.00173 Mortgage Guaranty Trust Fund; creation.—
  941         (1) The Mortgage Guaranty Trust Fund is created within, and
  942  shall be administered by, the Department of Business and
  943  Professional Regulation Office of Financial Regulation.
  944         Section 14. Subsection (3) of section 494.0023, Florida
  945  Statutes, is amended to read:
  946         494.0023 Conflicting interest.—
  947         (3) The department commission may adopt rules to administer
  948  the disclosure requirements of this section. The rules must
  949  consider the disclosure requirements of the federal Real Estate
  950  Settlement Procedures Act, 12 U.S.C. ss. 2601 et seq.; the
  951  federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq.; and
  952  related federal regulations.
  953         Section 15. Subsections (1), (2), (3), and (5) of section
  954  494.0025, Florida Statutes, are amended to read:
  955         494.0025 Prohibited practices.—It is unlawful for any
  956  person:
  957         (1) To act as a loan originator in this state without a
  958  current, active license issued by the department office pursuant
  959  to part II of this chapter.
  960         (2) To act as a mortgage broker in this state without a
  961  current, active license issued by the department office pursuant
  962  to part II of this chapter.
  963         (3) To act as a mortgage lender in this state without a
  964  current, active license issued by the department office pursuant
  965  to part III of this chapter.
  966         (5) In any matter within the jurisdiction of the department
  967  office, to knowingly and willfully falsify, conceal, or cover up
  968  by a trick, scheme, or device a material fact, make any false or
  969  fraudulent statement or representation, or make or use any false
  970  writing or document, knowing the same to contain any false or
  971  fraudulent statement or entry.
  972         Section 16. Paragraphs (t), (v), and (w) of subsection (1)
  973  and subsections (2), (8), and (9) of section 494.00255, Florida
  974  Statutes, are amended to read:
  975         494.00255 Administrative penalties and fines; license
  976  violations.—
  977         (1) Each of the following acts constitutes a ground for
  978  which the disciplinary actions specified in subsection (2) may
  979  be taken against a person licensed or required to be licensed
  980  under part II or part III of this chapter:
  981         (t) Payment to the department office for a license or
  982  permit with a check or electronic transmission of funds which is
  983  dishonored by the applicant’s or licensee’s financial
  984  institution.
  985         (v) Failure to maintain, preserve, and keep available for
  986  examination all books, accounts, or other documents required by
  987  ss. 494.001-494.0077 and the rules of the department commission.
  988         (w) Refusal to permit an investigation or examination of
  989  books and records, or refusal to comply with a department an
  990  office subpoena or subpoena duces tecum.
  991         (2) If the department office finds a person in violation of
  992  any act specified in this section, it may enter an order
  993  imposing one or more of the following penalties:
  994         (a) Issuance of a reprimand.
  995         (b) Suspension of a license, subject to reinstatement upon
  996  satisfying all reasonable conditions imposed by the department
  997  office.
  998         (c) Revocation of a license.
  999         (d) Denial of a license.
 1000         (e) Imposition of a fine in an amount up to $25,000 for
 1001  each count or separate offense.
 1002         (f) An administrative fine of up to $1,000 per day, but not
 1003  to exceed $25,000 cumulatively, for each day that:
 1004         1. A mortgage broker or mortgage lender conducts business
 1005  at an unlicensed branch office.
 1006         2. An unlicensed person acts as a loan originator, a
 1007  mortgage broker, or a mortgage lender.
 1008         (8) Pursuant to s. 120.60(6), the department office may
 1009  summarily suspend the license of a loan originator, mortgage
 1010  broker, or mortgage lender if the department office has reason
 1011  to believe that a licensee poses an immediate, serious danger to
 1012  the public’s health, safety, or welfare. The arrest of the
 1013  licensee, or the mortgage broker or the mortgage lender’s
 1014  control person, for any felony or any crime involving fraud,
 1015  dishonesty, breach of trust, money laundering, or any other act
 1016  of moral turpitude is deemed sufficient to constitute an
 1017  immediate danger to the public’s health, safety, or welfare. Any
 1018  proceeding for the summary suspension of a license must be
 1019  conducted by the secretary commissioner of the department
 1020  office, or designee, who shall issue the final summary order.
 1021         (9) The department office may deny any request to terminate
 1022  or withdraw any license application or license if the department
 1023  office believes that an act that would be a ground for license
 1024  denial, suspension, restriction, or revocation under this
 1025  chapter has been committed.
 1026         Section 17. Subsection (3) of section 494.0028, Florida
 1027  Statutes, is amended to read:
 1028         494.0028 Arbitration.—
 1029         (3) All agreements subject to this section must provide the
 1030  noninstitutional investor or borrower with the option to elect
 1031  arbitration before the American Arbitration Association or other
 1032  independent nonindustry arbitration forum. Any other nonindustry
 1033  arbitration forum may apply to the department office to allow
 1034  such forum to provide arbitration services. The department
 1035  office shall grant the application if the applicant’s fees,
 1036  practices, and procedures do not materially differ from those of
 1037  the American Arbitration Association.
 1038         Section 18. Subsection (1) of section 494.00296, Florida
 1039  Statutes, is amended to read:
 1040         494.00296 Loan modification.—
 1041         (1) PROHIBITED ACTS.—When offering or providing loan
 1042  modification services, a loan originator, mortgage broker, or
 1043  mortgage lender may not:
 1044         (a) Engage in or initiate loan modification services
 1045  without first executing a written agreement for loan
 1046  modification services with the borrower;
 1047         (b) Execute a loan modification without the consent of the
 1048  borrower after the borrower is made aware of each modified term;
 1049  or
 1050         (c) Solicit, charge, receive, or attempt to collect or
 1051  secure payment, directly or indirectly, for loan modification
 1052  services before completing or performing all services included
 1053  in the agreement for loan modification services. A fee may be
 1054  charged only if the loan modification results in a material
 1055  benefit to the borrower. The department commission may adopt
 1056  rules to provide guidance on what constitutes a material benefit
 1057  to the borrower.
 1058         Section 19. Section 494.00312, Florida Statutes, is amended
 1059  to read:
 1060         494.00312 Loan originator license.—
 1061         (1) An individual who acts as a loan originator must be
 1062  licensed under this section.
 1063         (2) In order to apply for a loan originator license, an
 1064  applicant must:
 1065         (a) Be at least 18 years of age and have a high school
 1066  diploma or its equivalent.
 1067         (b) Complete a 20-hour prelicensing class approved by the
 1068  registry.
 1069         (c) Pass a written test developed by the registry and
 1070  administered by a provider approved by the registry.
 1071         (d) Submit a completed license application form as
 1072  prescribed by department commission rule.
 1073         (e) Submit a nonrefundable application fee of $195, and the
 1074  $20 nonrefundable fee if required by s. 494.00172. Application
 1075  fees may not be prorated for partial years of licensure.
 1076         (f) Submit fingerprints in accordance with rules adopted by
 1077  the department commission:
 1078         1. The fingerprints may be submitted to the registry, the
 1079  department office, or a vendor acting on behalf of the registry
 1080  or the department office.
 1081         2. The department office may contract with a third-party
 1082  vendor to provide live-scan fingerprinting in lieu of a paper
 1083  fingerprint card.
 1084         3. A state criminal history background check must be
 1085  conducted through the Department of Law Enforcement, and a
 1086  federal criminal history background check must be conducted
 1087  through the Federal Bureau of Investigation.
 1088         4. All fingerprints submitted to the Department of Law
 1089  Enforcement must be submitted electronically and entered into
 1090  the statewide automated fingerprint identification system
 1091  established in s. 943.05(2)(b) and available for use in
 1092  accordance with s. 943.05(2)(g) and (h). The department office
 1093  shall pay an annual fee to the Department of Law Enforcement to
 1094  participate in the system and inform the Department of Law
 1095  Enforcement of any person whose fingerprints are no longer
 1096  required to be retained.
 1097         5. The costs of fingerprint processing, including the cost
 1098  of retaining the fingerprints, shall be borne by the person
 1099  subject to the background check.
 1100         6. The department office is responsible for reviewing the
 1101  results of the state and federal criminal history checks and
 1102  determining whether the applicant meets licensure requirements.
 1103         (g) Authorize the registry to obtain an independent credit
 1104  report on the applicant from a consumer reporting agency, and
 1105  transmit or provide access to the report to the department
 1106  office. The cost of the credit report shall be borne by the
 1107  applicant.
 1108         (h) Submit additional information or documentation
 1109  requested by the department office and required by rule
 1110  concerning the applicant. Additional information may include
 1111  documentation of pending and prior disciplinary and criminal
 1112  history events, including arrest reports and certified copies of
 1113  charging documents, plea agreements, judgments and sentencing
 1114  documents, documents relating to pretrial intervention, orders
 1115  terminating probation or supervised release, final
 1116  administrative agency orders, or other comparable documents that
 1117  may provide the department office with the appropriate
 1118  information to determine eligibility for licensure.
 1119         (i) Submit any other information required by the registry
 1120  for the processing of the application.
 1121         (3) An application is considered received for the purposes
 1122  of s. 120.60 upon the department’s office’s receipt of all
 1123  documentation from the registry, including the completed
 1124  application form, documentation of completion of the
 1125  prelicensure class, test results, criminal history information,
 1126  and independent credit report, as well as the license
 1127  application fee, the fee required by s. 494.00172, and all
 1128  applicable fingerprinting processing fees.
 1129         (4) The department office shall issue a loan originator
 1130  license to each person who is not otherwise ineligible and who
 1131  meets the requirements of this section. However, it is a ground
 1132  for denial of licensure if the applicant:
 1133         (a) Has committed any violation specified in ss. 494.001
 1134  494.0077, or is the subject of a pending felony criminal
 1135  prosecution or a prosecution or an administrative enforcement
 1136  action, in any jurisdiction, which involves fraud, dishonesty,
 1137  breach of trust, money laundering, or any other act of moral
 1138  turpitude.
 1139         (b) Has failed to demonstrate the character, general
 1140  fitness, and financial responsibility necessary to command the
 1141  confidence of the community and warrant a determination that the
 1142  applicant will operate honestly, fairly, and efficiently.
 1143         1. If the department office has information that could form
 1144  the basis for license denial under this paragraph, before
 1145  denying the license, the department office must notify the
 1146  applicant in writing of the specific items of concern and
 1147  provide the applicant with an opportunity to explain the
 1148  circumstances surrounding the specific items and provide any
 1149  information that the applicant believes is relevant to the
 1150  department’s office’s determination.
 1151         2. For purposes of evaluating adverse information found in
 1152  an applicant’s credit report, the information must be considered
 1153  within the totality of the circumstances. Information provided
 1154  by the applicant under subparagraph 1., or information obtained
 1155  by the department office by other means, may be used to provide
 1156  a context for the adverse items. For example, the adverse items
 1157  may have resulted from factors that do not necessarily reflect
 1158  negatively upon the applicant’s character, general fitness, or
 1159  financial responsibility.
 1160         3. The department office may not use a credit score or the
 1161  absence or insufficiency of credit history information to
 1162  determine character, general fitness, or financial
 1163  responsibility.
 1164         4. If information contained in a credit report is used as
 1165  the basis for denying a license, the department office shall, in
 1166  accordance with s. 120.60(3), provide with particularity the
 1167  grounds or basis for denial. The use of the terms “poor credit
 1168  history,” “poor credit rating,” or similar language does not
 1169  meet the requirements of this paragraph.
 1170         (5) The department office may not issue a license to an
 1171  applicant who has had a loan originator license or its
 1172  equivalent revoked in any jurisdiction.
 1173         (6) A loan originator license shall be annulled pursuant to
 1174  s. 120.60 if it was issued by the department office by mistake.
 1175  A license must be reinstated if the applicant demonstrates that
 1176  the requirements for obtaining the license under this chapter
 1177  have been satisfied.
 1178         (7) All loan originator licenses must be renewed annually
 1179  by December 31 pursuant to s. 494.00313. If a person holding an
 1180  active loan originator license has not applied to renew the
 1181  license on or before December 31, the loan originator license
 1182  expires on December 31. If a person holding an active loan
 1183  originator license has applied to renew the license on or before
 1184  December 31, the loan originator license remains active until
 1185  the renewal application is approved or denied. A loan originator
 1186  is not precluded from reapplying for licensure upon expiration
 1187  of a previous license.
 1188         Section 20. Section 494.00313, Florida Statutes, is amended
 1189  to read:
 1190         494.00313 Loan originator license renewal.—
 1191         (1) In order to renew a loan originator license, a loan
 1192  originator must:
 1193         (a) Submit a completed license renewal form as prescribed
 1194  by department commission rule.
 1195         (b) Submit a nonrefundable renewal fee of $150, the $20
 1196  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1197  fees to cover the cost of further fingerprint processing and
 1198  retention as set forth in department commission rule.
 1199         (c) Provide documentation of completion of at least 8 hours
 1200  of continuing education in courses reviewed and approved by the
 1201  registry.
 1202         (d) Authorize the registry to obtain an independent credit
 1203  report on the licensee from a consumer reporting agency, and
 1204  transmit or provide access to the report to the department
 1205  office. The cost of the credit report shall be borne by the
 1206  licensee.
 1207         (e) Submit any additional information or documentation
 1208  requested by the department office and required by rule
 1209  concerning the licensee. Additional information may include
 1210  documentation of pending and prior disciplinary and criminal
 1211  history events, including arrest reports and certified copies of
 1212  charging documents, plea agreements, judgments and sentencing
 1213  documents, documents relating to pretrial intervention, orders
 1214  terminating probation or supervised release, final
 1215  administrative agency orders, or other comparable documents that
 1216  may provide the department office with the appropriate
 1217  information to determine eligibility for renewal of licensure.
 1218         (2) The department office may not renew a loan originator
 1219  license unless the loan originator continues to meet the minimum
 1220  requirements for initial licensure pursuant to s. 494.00312 and
 1221  adopted rule.
 1222         Section 21. Section 494.00321, Florida Statutes, is amended
 1223  to read:
 1224         494.00321 Mortgage broker license.—
 1225         (1) Each person who acts as a mortgage broker must be
 1226  licensed in accordance with this section.
 1227         (2) In order to apply for a mortgage broker license, an
 1228  applicant must:
 1229         (a) Submit a completed license application form as
 1230  prescribed by department commission rule.
 1231         (b) Designate a qualified principal loan originator on the
 1232  application form who meets the requirements of s. 494.0035.
 1233         (c) Submit a nonrefundable application fee of $425, and the
 1234  $100 nonrefundable fee if required by s. 494.00172. Application
 1235  fees may not be prorated for partial years of licensure.
 1236         (d) Submit fingerprints for each of the applicant’s control
 1237  persons in accordance with rules adopted by the department
 1238  commission:
 1239         1. The fingerprints may be submitted to the registry, the
 1240  department office, or a vendor acting on behalf of the registry
 1241  or the department office.
 1242         2. The department office may contract with a third-party
 1243  vendor to provide live-scan fingerprinting in lieu of a paper
 1244  fingerprint card.
 1245         3. A state criminal history background check must be
 1246  conducted through the Department of Law Enforcement, and a
 1247  federal criminal history background check must be conducted
 1248  through the Federal Bureau of Investigation.
 1249         4. All fingerprints submitted to the Department of Law
 1250  Enforcement must be submitted electronically and entered into
 1251  the statewide automated fingerprint identification system
 1252  established in s. 943.05(2)(b) and available for use in
 1253  accordance with s. 943.05(2)(g) and (h). The department office
 1254  shall pay an annual fee to the Department of Law Enforcement to
 1255  participate in the system and inform the Department of Law
 1256  Enforcement of any person whose fingerprints are no longer
 1257  required to be retained.
 1258         5. The costs of fingerprint processing, including the cost
 1259  of retaining the fingerprints, shall be borne by the person
 1260  subject to the background check.
 1261         6. The department office is responsible for reviewing the
 1262  results of the state and federal criminal history checks and
 1263  determining whether the applicant meets licensure requirements.
 1264         (e) Authorize the registry to obtain an independent credit
 1265  report on each of the applicant’s control persons from a
 1266  consumer reporting agency, and transmit or provide access to the
 1267  report to the department office. The cost of the credit report
 1268  shall be borne by the applicant.
 1269         (f) Submit additional information or documentation
 1270  requested by the department office and required by rule
 1271  concerning the applicant or a control person of the applicant.
 1272  Additional information may include documentation of pending and
 1273  prior disciplinary and criminal history events, including arrest
 1274  reports and certified copies of charging documents, plea
 1275  agreements, judgments and sentencing documents, documents
 1276  relating to pretrial intervention, orders terminating probation
 1277  or supervised release, final administrative agency orders, or
 1278  other comparable documents that may provide the department
 1279  office with the appropriate information to determine eligibility
 1280  for licensure.
 1281         (g) Submit any other information required by the registry
 1282  for the processing of the application.
 1283         (3) An application is considered received for the purposes
 1284  of s. 120.60 upon the department’s office’s receipt of all
 1285  documentation from the registry, including the completed
 1286  application form, criminal history information, and independent
 1287  credit report, as well as the license application fee, the fee
 1288  required by s. 494.00172, and all applicable fingerprinting
 1289  processing fees.
 1290         (4) The department office shall issue a mortgage broker
 1291  license to each person who is not otherwise ineligible and who
 1292  meets the requirements of this section. However, it is a ground
 1293  for denial of licensure if the applicant or one of the
 1294  applicant’s control persons:
 1295         (a) Has committed any violation specified in ss. 494.001
 1296  494.0077, or is the subject of a pending felony criminal
 1297  prosecution or a prosecution or an administrative enforcement
 1298  action, in any jurisdiction, which involves fraud, dishonesty,
 1299  breach of trust, money laundering, or any other act of moral
 1300  turpitude.
 1301         (b) Has failed to demonstrate the character, general
 1302  fitness, and financial responsibility necessary to command the
 1303  confidence of the community and warrant a determination that the
 1304  applicant will operate honestly, fairly, and efficiently.
 1305         1. If the department office has information that could form
 1306  the basis for license denial under this paragraph, before
 1307  denying the license, the department office must notify the
 1308  applicant in writing of the specific items of concern and
 1309  provide the applicant with an opportunity to explain the
 1310  circumstances surrounding the specific items and provide any
 1311  information that the applicant believes is relevant to the
 1312  department’s office’s determination.
 1313         2. For purposes of evaluating adverse information found in
 1314  an applicant’s credit report, the information must be considered
 1315  within the totality of the circumstances. Information provided
 1316  by the applicant under subparagraph 1., or information obtained
 1317  by the department office by other means, may be used to provide
 1318  a context for the adverse items. For example, the adverse items
 1319  may have resulted from factors that do not necessarily reflect
 1320  negatively upon the applicant’s character, general fitness, or
 1321  financial responsibility.
 1322         3. The department office may not use a credit score or the
 1323  absence or insufficiency of credit history information to
 1324  determine character, general fitness, or financial
 1325  responsibility.
 1326         4. If information contained in a credit report is used as
 1327  the basis for denying a license, the department office shall, in
 1328  accordance with s. 120.60(3), provide with particularity the
 1329  grounds or basis for denial. The use of the terms “poor credit
 1330  history,” “poor credit rating,” or similar language does not
 1331  meet the requirements of this paragraph.
 1332         (5) The department office shall deny a license if the
 1333  applicant has had a mortgage broker license, or its equivalent,
 1334  revoked in any jurisdiction, or if any of the applicant’s
 1335  control persons has had a loan originator license, or its
 1336  equivalent, revoked in any jurisdiction.
 1337         (6) A mortgage broker license shall be annulled pursuant to
 1338  s. 120.60 if it was issued by the department office by mistake.
 1339  A license must be reinstated if the applicant demonstrates that
 1340  the requirements for obtaining the license under this chapter
 1341  have been satisfied.
 1342         (7) All mortgage broker licenses must be renewed annually
 1343  by December 31 pursuant to s. 494.00322. If a person holding an
 1344  active mortgage broker license has not applied to renew the
 1345  license on or before December 31, the mortgage broker license
 1346  expires on December 31. If a person holding an active mortgage
 1347  broker license has applied to renew the license on or before
 1348  December 31, the mortgage broker license remains active until
 1349  the renewal application is approved or denied. A mortgage broker
 1350  is not precluded from reapplying for licensure upon expiration
 1351  of a previous license.
 1352         Section 22. Section 494.00322, Florida Statutes, is amended
 1353  to read:
 1354         494.00322 Mortgage broker license renewal.—
 1355         (1) In order to renew a mortgage broker license, a mortgage
 1356  broker must:
 1357         (a) Submit a completed license renewal form as prescribed
 1358  by department commission rule.
 1359         (b) Submit a nonrefundable renewal fee of $375, the $100
 1360  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1361  fees to cover the cost of further fingerprint processing and
 1362  retention as set forth in department commission rule.
 1363         (c) Submit fingerprints in accordance with s.
 1364  494.00321(2)(d) for any new control persons who have not been
 1365  screened.
 1366         (d) Authorize the registry to obtain an independent credit
 1367  report on each of the licensee’s control persons from a consumer
 1368  reporting agency, and transmit or provide access to the report
 1369  to the department office. The cost of the credit report shall be
 1370  borne by the licensee.
 1371         (e) Submit any additional information or documentation
 1372  requested by the department office and required by rule
 1373  concerning the licensee or a control person of the licensee.
 1374  Additional information may include documentation of pending and
 1375  prior disciplinary and criminal history events, including arrest
 1376  reports and certified copies of charging documents, plea
 1377  agreements, judgments and sentencing documents, documents
 1378  relating to pretrial intervention, orders terminating probation
 1379  or supervised release, final administrative agency orders, or
 1380  other comparable documents that may provide the department
 1381  office with the appropriate information to determine eligibility
 1382  for renewal of licensure.
 1383         (2) The department office may not renew a mortgage broker
 1384  license unless the licensee continues to meet the minimum
 1385  requirements for initial licensure pursuant to s. 494.00321 and
 1386  adopted rule.
 1387         Section 23. Subsection (2) of section 494.00331, Florida
 1388  Statutes, is amended to read:
 1389         494.00331 Loan originator and loan processor employment.—
 1390         (2) CONTRACT LOAN PROCESSORS.—Subsection (1) does not apply
 1391  to a contract loan processor who has a declaration of intent to
 1392  act solely as a contract loan processor on file with the
 1393  department office. The declaration of intent must be on a form
 1394  as prescribed by department commission rule.
 1395         (a) A loan originator may withdraw his or her declaration
 1396  of intent. The withdrawal of declaration of intent must be on
 1397  such form as prescribed by department commission rule.
 1398         (b) A declaration of intent or a withdrawal of declaration
 1399  of intent is effective upon receipt by the department office.
 1400         (c) The fee earned by a contract loan processor may be paid
 1401  to the company that employs the loan processor without violating
 1402  the restriction in s. 494.0025(7) requiring fees or commissions
 1403  to be paid to a licensed mortgage broker or mortgage lender or a
 1404  person exempt from licensure under this chapter.
 1405         Section 24. Section 494.0035, Florida Statutes, is amended
 1406  to read:
 1407         494.0035 Principal loan originator and branch manager for
 1408  mortgage broker.—
 1409         (1) Each mortgage broker must be operated by a principal
 1410  loan originator who shall have full charge, control, and
 1411  supervision of the mortgage broker. The principal loan
 1412  originator must have been licensed as a loan originator for at
 1413  least 1 year before being designated as the principal loan
 1414  originator, or must demonstrate to the satisfaction of the
 1415  department office that he or she has been actively engaged in a
 1416  mortgage-related business for at least 1 year before being
 1417  designated as a principal loan originator. Each mortgage broker
 1418  must keep the department office informed of the person
 1419  designated as the principal loan originator as prescribed by
 1420  department commission rule. If the designation is inaccurate,
 1421  the mortgage broker shall be deemed to be operated under the
 1422  full charge, control, and supervision of each officer, director,
 1423  or ultimate equitable owner of a 10-percent or greater interest
 1424  in the mortgage broker, or any other person in a similar
 1425  capacity. A loan originator may not be a principal loan
 1426  originator for more than one mortgage broker at any given time.
 1427         (2) Each branch office of a mortgage broker must be
 1428  operated by a branch manager who shall have full charge,
 1429  control, and supervision of the branch office. The designated
 1430  branch manager must be a licensed loan originator pursuant to s.
 1431  494.00312. Each branch office must keep the department office
 1432  informed of the person designated as the branch manager as
 1433  prescribed by department commission rule, which includes
 1434  documentation of the individual’s acceptance of such
 1435  responsibility. If the designation is inaccurate, the branch
 1436  office shall be deemed to be operated under the full charge,
 1437  control, and supervision of each officer, director, or ultimate
 1438  equitable owner of a 10-percent or greater interest in the
 1439  mortgage broker, or any other person in a similar capacity.
 1440         Section 25. Section 494.0036, Florida Statutes, is amended
 1441  to read:
 1442         494.0036 Mortgage broker branch office license.—
 1443         (1) Each branch office of a mortgage broker must be
 1444  licensed under this section.
 1445         (2) The department office shall issue a mortgage broker
 1446  branch office license to a mortgage broker licensee after the
 1447  department office determines that the licensee has submitted a
 1448  completed application for a branch office in a form prescribed
 1449  by department commission rule and payment of an initial
 1450  nonrefundable branch office license fee of $225 per branch
 1451  office. Application fees may not be prorated for partial years
 1452  of licensure. The branch office license shall be issued in the
 1453  name of the mortgage broker that maintains the branch office. An
 1454  application is considered received for purposes of s. 120.60
 1455  upon receipt of a completed application form as prescribed by
 1456  department commission rule, and the required fees.
 1457         (3) A branch office license must be renewed annually at the
 1458  time of renewing the mortgage broker license under s. 494.00322.
 1459  A nonrefundable branch renewal fee of $225 per branch office
 1460  must be submitted at the time of renewal.
 1461         Section 26. Subsection (2) of section 494.0038, Florida
 1462  Statutes, is amended to read:
 1463         494.0038 Loan origination and mortgage broker fees and
 1464  disclosures.—
 1465         (2) If the mortgage broker is to receive any payment of any
 1466  kind from the mortgage lender, the maximum total dollar amount
 1467  of the payment must be disclosed to the borrower in the written
 1468  mortgage broker agreement as described in paragraph (1)(a). The
 1469  department commission may prescribe by rule an acceptable form
 1470  for disclosure of brokerage fees received from the lender. The
 1471  agreement must state the nature of the relationship with the
 1472  lender, describe how compensation is paid by the lender, and
 1473  describe how the mortgage interest rate affects the compensation
 1474  paid to the mortgage broker.
 1475         (a) The exact amount of any payment of any kind by the
 1476  lender to the mortgage broker must be disclosed in writing to
 1477  the borrower within 3 business days after the mortgage broker is
 1478  made aware of the exact amount of the payment from the lender
 1479  but not less than 3 business days before the execution of the
 1480  closing or settlement statement. The licensee bears the burden
 1481  of proving such notification was provided to the borrower.
 1482  Notification is waived if the exact amount of the payment is
 1483  accurately disclosed in the written mortgage broker agreement.
 1484         (b) The department commission may prescribe by rule the
 1485  form of disclosure of brokerage fees.
 1486         Section 27. Subsection (1) of section 494.004, Florida
 1487  Statutes, is amended to read:
 1488         494.004 Requirements of licensees.—
 1489         (1) Each licensee under this part shall report to the
 1490  department office:
 1491         (a) In writing, any conviction of, or plea of nolo
 1492  contendere to, regardless of adjudication, any felony or any
 1493  crime or administrative violation that involves fraud,
 1494  dishonesty, breach of trust, money laundering, or any other act
 1495  of moral turpitude, in any jurisdiction, by the licensee or any
 1496  control person within 30 days after the date of conviction,
 1497  entry of a plea of nolo contendere, or final administrative
 1498  action.
 1499         (b) In a form prescribed by rule of the department
 1500  commission, any conviction of, or plea of nolo contendere to,
 1501  regardless of adjudication, any felony committed by the licensee
 1502  or any control person within 30 days after the date of
 1503  conviction or the date the plea of nolo contendere is entered.
 1504         (c) Any action in bankruptcy, voluntary or involuntary,
 1505  within 30 days after the action is instituted.
 1506         (d) On a form prescribed by rule of the department
 1507  commission, any change to the information contained in any
 1508  initial application form or any amendment to the application
 1509  within 30 days after the change is effective.
 1510         (e) Any change in the principal loan originator, any
 1511  addition or subtraction of a control person, or any change in
 1512  the form of business organization, by written amendment in the
 1513  form and at the time the department commission specifies by
 1514  rule.
 1515         (f) Any addition of a control person who has not previously
 1516  filed a Uniform Mortgage Biographical Statement & Consent Form,
 1517  MU2, or has not previously complied with the fingerprinting and
 1518  credit report requirements of ss. 494.00321 and 494.00322, is
 1519  subject to the provisions of these sections. If, after the
 1520  addition of a control person, the department office finds that
 1521  the licensee does not continue to meet licensure requirements,
 1522  the department office may bring an administrative action in
 1523  accordance with s. 494.00255 to enforce the provisions of this
 1524  chapter.
 1525         Section 28. Paragraph (a) of subsection (7) of section
 1526  494.00421, Florida Statutes, is amended to read:
 1527         494.00421 Fees earned upon obtaining a bona fide
 1528  commitment.—Notwithstanding the provisions of ss. 494.001
 1529  494.0077, any mortgage broker which contracts to receive a loan
 1530  origination fee from a borrower upon obtaining a bona fide
 1531  commitment shall accurately disclose in the mortgage broker
 1532  agreement:
 1533         (7)(a) The following statement, in at least 12-point
 1534  boldface type immediately above the signature lines for the
 1535  borrowers:
 1536  
 1537         “You are entering into a contract with a mortgage broker to
 1538  obtain a bona fide mortgage loan commitment under the same terms
 1539  and conditions as stated hereinabove or in a separate executed
 1540  good faith estimate form. If the mortgage broker obtains a bona
 1541  fide commitment under the same terms and conditions, you will be
 1542  obligated to pay the loan origination fees even if you choose
 1543  not to complete the loan transaction. If the provisions of s.
 1544  494.00421, Florida Statutes, are not met, the loan origination
 1545  fee can only be earned upon the funding of the mortgage loan.
 1546  The borrower may contact the Department of Business and
 1547  Professional Regulation Office of Financial Regulation,
 1548  Tallahassee, Florida, regarding any complaints that the borrower
 1549  may have against the loan originator. The telephone number of
 1550  the department office is: ...(insert telephone number)....”
 1551         Section 29. Section 494.00611, Florida Statutes, is amended
 1552  to read:
 1553         494.00611 Mortgage lender license.—
 1554         (1) Each person who acts as a mortgage lender must be
 1555  licensed under this section.
 1556         (2) In order to apply for a mortgage lender license, an
 1557  applicant must:
 1558         (a) Submit a completed application form as prescribed by
 1559  the department commission by rule.
 1560         (b) Designate a qualified principal loan originator who
 1561  meets the requirements of s. 494.0035 on the application form.
 1562         (c) Submit a nonrefundable application fee of $500, and the
 1563  $100 nonrefundable fee if required by s. 494.00172. Application
 1564  fees may not be prorated for partial years of licensure.
 1565         (d) Submit fingerprints for each of the applicant’s control
 1566  persons in accordance with rules adopted by the department
 1567  commission:
 1568         1. The fingerprints may be submitted to the registry, the
 1569  department office, or a vendor acting on behalf of the registry
 1570  or the department office.
 1571         2. The department office may contract with a third-party
 1572  vendor to provide live-scan fingerprinting in lieu of a paper
 1573  fingerprint card.
 1574         3. A state criminal history background check must be
 1575  conducted through the Department of Law Enforcement, and a
 1576  federal criminal history background check must be conducted
 1577  through the Federal Bureau of Investigation.
 1578         4. All fingerprints submitted to the Department of Law
 1579  Enforcement must be submitted electronically and entered into
 1580  the statewide automated fingerprint identification system
 1581  established in s. 943.05(2)(b) and available for use in
 1582  accordance with s. 943.05(2)(g) and (h). The department office
 1583  shall pay an annual fee to the Department of Law Enforcement to
 1584  participate in the system and inform the Department of Law
 1585  Enforcement of any person whose fingerprints are no longer
 1586  required to be retained.
 1587         5. The costs of fingerprint processing, including the cost
 1588  of retaining the fingerprints, shall be borne by the person
 1589  subject to the background check.
 1590         6. The department office is responsible for reviewing the
 1591  results of the state and federal criminal history checks and
 1592  determining whether the applicant meets licensure requirements.
 1593         (e) Indicate whether the applicant will be seeking a
 1594  servicing endorsement on the application form.
 1595         (f) Submit a copy of the applicant’s financial audit report
 1596  for the most recent fiscal year, pursuant to United States
 1597  generally accepted accounting principles. If the applicant is a
 1598  wholly owned subsidiary of another corporation, the financial
 1599  audit report for the parent corporation satisfies this
 1600  requirement. The department commission may establish by rule the
 1601  form and procedures for filing the financial audit report,
 1602  including the requirement to file the report with the registry
 1603  when technology is available. The financial audit report must
 1604  document that the applicant has a bona fide and verifiable net
 1605  worth, of at least $63,000 if the applicant is not seeking a
 1606  servicing endorsement, or at least $250,000 if the applicant is
 1607  seeking a servicing endorsement, which must be continuously
 1608  maintained as a condition of licensure. However, if the
 1609  applicant held an active license issued before October 1, 2010,
 1610  pursuant to former s. 494.0065, and the applicant is seeking a
 1611  servicing endorsement, the minimum net worth requirement:
 1612         1. Until September 30, 2011, is $63,000.
 1613         2. Between October 1, 2011, and September 30, 2012, is
 1614  $125,000.
 1615         3. On or after October 1, 2012, is $250,000.
 1616         (g) Authorize the registry to obtain an independent credit
 1617  report on each of the applicant’s control persons from a
 1618  consumer reporting agency, and transmit or provide access to the
 1619  report to the department office. The cost of the credit report
 1620  shall be borne by the applicant.
 1621         (h) Submit additional information or documentation
 1622  requested by the department office and required by rule
 1623  concerning the applicant or a control person of the applicant.
 1624  Additional information may include documentation of pending and
 1625  prior disciplinary and criminal history events, including arrest
 1626  reports and certified copies of charging documents, plea
 1627  agreements, judgments and sentencing documents, documents
 1628  relating to pretrial intervention, orders terminating probation
 1629  or supervised release, final administrative agency orders, or
 1630  other comparable documents that may provide the department
 1631  office with the appropriate information to determine eligibility
 1632  for licensure.
 1633         (i) Submit any other information required by the registry
 1634  for the processing of the application.
 1635         (3) An application is considered received for the purposes
 1636  of s. 120.60 upon the department’s office’s receipt of all
 1637  documentation from the registry, including the completed
 1638  application form, criminal history information, and independent
 1639  credit report, as well as the license application fee, the fee
 1640  required under s. 494.00172, and all applicable fingerprinting
 1641  processing fees.
 1642         (4) The department office shall issue a mortgage lender
 1643  license to each person who is not otherwise ineligible and who
 1644  meets the requirements of this section. However, it is a ground
 1645  for denial of licensure if the applicant or one of the
 1646  applicant’s control persons:
 1647         (a) Has committed any violation specified in ss. 494.001
 1648  494.0077, or is the subject of a pending felony criminal
 1649  prosecution or a prosecution or an administrative enforcement
 1650  action, in any jurisdiction, which involves fraud, dishonesty,
 1651  breach of trust, money laundering, or any other act of moral
 1652  turpitude.
 1653         (b) Has failed to demonstrate the character, general
 1654  fitness, and financial responsibility necessary to command the
 1655  confidence of the community and warrant a determination that the
 1656  applicant will operate honestly, fairly, and efficiently.
 1657         1. If the department office has information that could form
 1658  the basis for license denial under this paragraph, before
 1659  denying the license, the department office must notify the
 1660  applicant in writing of the specific items of concern and
 1661  provide the applicant with an opportunity to explain the
 1662  circumstances surrounding the specific items and provide any
 1663  information that the applicant believes is relevant to the
 1664  department’s office’s determination.
 1665         2. For purposes of evaluating adverse information found in
 1666  an applicant’s credit report, the information must be considered
 1667  within the totality of the circumstances. Information provided
 1668  by the applicant under subparagraph 1., or information obtained
 1669  by the department office by other means, may be used to provide
 1670  a context for the adverse items. For example, the adverse items
 1671  may have resulted from factors that do not necessarily reflect
 1672  negatively upon the applicant’s character, general fitness, or
 1673  financial responsibility.
 1674         3. The department office may not use a credit score or the
 1675  absence or insufficiency of credit history information to
 1676  determine character, general fitness, or financial
 1677  responsibility.
 1678         4. If information contained in a credit report is used as
 1679  the basis for denying a license, the department office shall, in
 1680  accordance with s. 120.60(3), provide with particularity the
 1681  grounds or basis for denial. The use of the terms “poor credit
 1682  history,” “poor credit rating,” or similar language does not
 1683  meet the requirements of this paragraph.
 1684         (5) The department office may not issue a license if the
 1685  applicant has had a mortgage lender license or its equivalent
 1686  revoked in any jurisdiction, or any of the applicant’s control
 1687  persons has ever had a loan originator license or its equivalent
 1688  revoked in any jurisdiction.
 1689         (6) A person required to be licensed under this part, or an
 1690  agent or employee thereof, is deemed to have consented to the
 1691  venue of courts in this state regarding any matter within the
 1692  authority of ss. 494.001-494.0077 regardless of where an act or
 1693  violation was committed.
 1694         (7) A license issued in accordance with this part is not
 1695  transferable or assignable.
 1696         (8) A mortgage lender or branch office license may be
 1697  annulled pursuant to s. 120.60 if it was issued by the
 1698  department office by mistake. A license must be reinstated if
 1699  the applicant demonstrates that the requirements for obtaining
 1700  the license under this chapter have been satisfied.
 1701         (9) Each lender, regardless of the number of branches it
 1702  operates, shall designate a principal loan originator
 1703  representative who exercises control of the licensee’s business,
 1704  and a branch manager for each branch office. Each mortgage
 1705  lender must keep the department office informed of the persons
 1706  designated as prescribed by department commission rule, which
 1707  includes documentation of the individual’s acceptance of such
 1708  responsibility. If the designation is inaccurate, the branch
 1709  shall be deemed to be operated under the full charge, control,
 1710  and supervision by each officer, director, or ultimate equitable
 1711  owner of a 10-percent or greater interest in the mortgage lender
 1712  business, or any other person in a similar capacity during that
 1713  time.
 1714         (10) All mortgage lender licenses must be renewed annually
 1715  by December 31 pursuant to s. 494.00612. If a person holding an
 1716  active mortgage lender license has not applied to renew the
 1717  license on or before December 31, the mortgage lender license
 1718  expires on December 31. If a person holding an active mortgage
 1719  lender license has applied to renew the license on or before
 1720  December 31, the mortgage lender license remains active until
 1721  the renewal application is approved or denied. A mortgage lender
 1722  is not precluded from reapplying for licensure upon expiration
 1723  of a previous license.
 1724         Section 30. Section 494.00612, Florida Statutes, is amended
 1725  to read:
 1726         494.00612 Mortgage lender license renewal.—
 1727         (1) In order to renew a mortgage lender license, a mortgage
 1728  lender must:
 1729         (a) Submit a completed license renewal form as prescribed
 1730  by department commission rule.
 1731         (b) Submit a nonrefundable renewal fee of $475, the $100
 1732  nonrefundable fee if required by s. 494.00172, and nonrefundable
 1733  fees to cover the cost of further fingerprint processing and
 1734  retention as set forth in department commission rule.
 1735         (c) Submit fingerprints in accordance with s.
 1736  494.00611(2)(d) for any new control persons who have not been
 1737  screened.
 1738         (d) Provide proof that the mortgage lender continues to
 1739  meet the applicable net worth requirement in a form prescribed
 1740  by department commission rule.
 1741         (e) Authorize the registry to obtain an independent credit
 1742  report on each of the mortgage lender’s control persons from a
 1743  consumer reporting agency, and transmit or provide access to the
 1744  report to the department office. The cost of the credit report
 1745  shall be borne by the licensee.
 1746         (f) Submit any additional information or documentation
 1747  requested by the department office and required by rule
 1748  concerning the licensee. Additional information may include
 1749  documentation of pending and prior disciplinary and criminal
 1750  history events, including arrest reports and certified copies of
 1751  charging documents, plea agreements, judgments and sentencing
 1752  documents, documents relating to pretrial intervention, orders
 1753  terminating probation or supervised release, final
 1754  administrative agency orders, or other comparable documents that
 1755  may provide the department office with the appropriate
 1756  information to determine eligibility for renewal of licensure.
 1757         (2) The department office may not renew a mortgage lender
 1758  license unless the mortgage lender continues to meet the minimum
 1759  requirements for initial licensure pursuant to s. 494.00611 and
 1760  adopted rule.
 1761         Section 31. Section 494.0063, Florida Statutes, is amended
 1762  to read:
 1763         494.0063 Audited financial statements.—All audited
 1764  financial statements required by ss. 494.001-494.0077 must be
 1765  prepared by an independent licensed certified public accountant.
 1766  A mortgage lender must obtain an annual financial audit report
 1767  as of the date of the licensee’s fiscal year end, as disclosed
 1768  to the department office on the application or a subsequent
 1769  amendment to the application. The mortgage lender shall submit a
 1770  copy of the report to the department office within 120 days
 1771  after the end of the licensee’s fiscal year. If the licensee is
 1772  a wholly owned subsidiary of another corporation, the financial
 1773  audit report of the parent corporation satisfies this
 1774  requirement. If the licensee changes its fiscal year, the
 1775  licensee must file a report within 18 months after the
 1776  previously submitted report. The department commission may
 1777  establish by rule the procedures and form for filing a financial
 1778  audit report, including the requirement to file the report with
 1779  the registry when technology is available.
 1780         Section 32. Subsection (2) of section 494.0066, Florida
 1781  Statutes, is amended to read:
 1782         494.0066 Branch offices.—
 1783         (2) The department office shall issue a branch office
 1784  license to a mortgage lender after the department office
 1785  determines that the mortgage lender has submitted a completed
 1786  branch office application form as prescribed by rule by the
 1787  department commission and an initial nonrefundable branch office
 1788  license fee of $225 per branch office. Application fees may not
 1789  be prorated for partial years of licensure. The branch office
 1790  application must include the name and license number of the
 1791  mortgage lender under this part, the name of the branch manager
 1792  in charge of the branch office, and the address of the branch
 1793  office. The branch office license shall be issued in the name of
 1794  the mortgage lender and must be renewed in conjunction with the
 1795  license renewal. An application is considered received for
 1796  purposes of s. 120.60 upon receipt of a completed branch office
 1797  renewal form, as prescribed by department commission rule, and
 1798  the required fees.
 1799         Section 33. Section 494.00665, Florida Statutes, is amended
 1800  to read:
 1801         494.00665 Principal loan originator and branch manager for
 1802  mortgage lender.—
 1803         (1) Each mortgage lender business must be operated by a
 1804  principal loan originator who shall have full charge, control,
 1805  and supervision of the mortgage lender business. The principal
 1806  loan originator must be licensed as a loan originator pursuant
 1807  to s. 494.00312. Each mortgage lender must keep the department
 1808  office informed of the person designated as the principal loan
 1809  originator as prescribed by department commission rule. If the
 1810  designation is inaccurate, the business shall be deemed to be
 1811  operated under the full charge, control, and supervision of each
 1812  officer, director, or ultimate equitable owner of a 10-percent
 1813  or greater interest in the mortgage lender business, or any
 1814  other person in a similar capacity during that time.
 1815         (2) Each branch office of a mortgage lender must be
 1816  operated by a branch manager who shall have full charge,
 1817  control, and supervision of the branch office. The designated
 1818  branch manager must be a licensed loan originator pursuant to s.
 1819  494.00312. Each mortgage lender must keep the department office
 1820  informed of the person designated as the branch manager as
 1821  prescribed by department commission rule, which includes
 1822  documentation of the individual’s acceptance of such
 1823  responsibility. If the designation is inaccurate, the branch
 1824  office shall be deemed to be operated under the full charge,
 1825  control, and supervision of each officer, director, or ultimate
 1826  equitable owner of a 10-percent or greater interest in the
 1827  mortgage lender business, or any other person in a similar
 1828  capacity during that time.
 1829         Section 34. Subsections (3), (4), (5), (6), (8), and (12)
 1830  of section 494.0067, Florida Statutes, are amended to read:
 1831         494.0067 Requirements of mortgage lenders.—
 1832         (3) A mortgage lender shall report, on a form prescribed by
 1833  rule of the department commission, any change in the information
 1834  contained in any initial application form, or any amendment
 1835  thereto, within 30 days after the change is effective.
 1836         (4) A mortgage lender shall report any changes in the
 1837  principal loan originator, any addition or subtraction of a
 1838  control person, or any change in the form of business
 1839  organization by written amendment in such form and at such time
 1840  that the department commission specifies by rule. Any addition
 1841  of a control person who has not previously filed a Uniform
 1842  Mortgage Biographical Statement & Consent Form, MU2, or has not
 1843  previously complied with the fingerprinting and credit report
 1844  requirements of s. 494.00611 is subject to the provisions of
 1845  this section. If, after the addition of a control person, the
 1846  department office determines that the licensee does not continue
 1847  to meet licensure requirements, the department office may bring
 1848  administrative action in accordance with s. 494.00255 to enforce
 1849  this section.
 1850         (5) Each mortgage lender shall report in a form prescribed
 1851  by rule of the department commission any indictment,
 1852  information, charge, conviction, or plea of guilty or nolo
 1853  contendere, regardless of adjudication, to any felony or any
 1854  crime or administrative violation that involves fraud,
 1855  dishonesty, breach of trust, money laundering, or any other act
 1856  of moral turpitude, in any jurisdiction, by the licensee or any
 1857  principal officer, director, or ultimate equitable owner of 10
 1858  percent or more of the licensed corporation, within 30 business
 1859  days after the indictment, information, charge, conviction, or
 1860  final administrative action.
 1861         (6) Each mortgage lender shall report any action in
 1862  bankruptcy, voluntary or involuntary, to the department office,
 1863  within 30 business days after the action is instituted.
 1864         (8) Each mortgage lender shall provide an applicant for a
 1865  mortgage loan a good faith estimate of the costs the applicant
 1866  can reasonably expect to pay in obtaining a mortgage loan. The
 1867  good faith estimate of costs must be mailed or delivered to the
 1868  applicant within 3 business days after the licensee receives a
 1869  written loan application from the applicant. The estimate of
 1870  costs may be provided to the applicant by a person other than
 1871  the licensee making the loan. The good faith estimate must
 1872  identify the recipient of all payments charged to the borrower
 1873  and, except for all fees to be received by the mortgage broker
 1874  and the mortgage lender, may be disclosed in generic terms, such
 1875  as, but not limited to, paid to appraiser, officials, title
 1876  company, or any other third-party service provider. The licensee
 1877  bears the burden of proving such disclosures were provided to
 1878  the borrower. The department commission may adopt rules that set
 1879  forth the disclosure requirements of this section.
 1880         (12) A mortgage lender must report to the department office
 1881  the failure to meet the applicable net worth requirements of s.
 1882  494.00611 within 2 days after the mortgage lender’s knowledge of
 1883  such failure or after the mortgage lender should have known of
 1884  such failure.
 1885         Section 35. Subsection (6) of section 494.0069, Florida
 1886  Statutes, is amended to read:
 1887         494.0069 Lock-in agreement.—
 1888         (6) The department commission may adopt by rule a form for
 1889  required lock-in agreement disclosures.
 1890         Section 36. Subsection (2) of section 494.00721, Florida
 1891  Statutes, is amended to read:
 1892         494.00721 Net worth.—
 1893         (2) If a mortgage lender fails to satisfy the net worth
 1894  requirements, the mortgage lender shall immediately cease taking
 1895  any new mortgage loan applications. Thereafter, the mortgage
 1896  lender shall have up to 60 days within which to satisfy the net
 1897  worth requirements. If the licensee makes the department office
 1898  aware, before prior to an examination, that the licensee no
 1899  longer meets the net worth requirements, the mortgage lender
 1900  shall have 120 days within which to satisfy the net worth
 1901  requirements. A mortgage lender may not resume acting as a
 1902  mortgage lender without written authorization from the
 1903  department office, which authorization shall be granted if the
 1904  mortgage lender provides the department office with
 1905  documentation that which satisfies the requirements of s.
 1906  494.00611, whichever is applicable.
 1907         Section 37. Paragraph (b) of subsection (2) of section
 1908  494.0076, Florida Statutes, is amended to read:
 1909         494.0076 Servicing audits.—
 1910         (2)
 1911         (b) The department commission may adopt rules to ensure
 1912  that investors are adequately protected under this subsection.
 1913         Section 38. Section 494.0079, Florida Statutes, is amended
 1914  to read:
 1915         494.0079 Definitions.—As used in this act:
 1916         (1) “Affiliate” means any company that controls, is
 1917  controlled by, or is in common control with another company, as
 1918  set forth in 12 U.S.C. ss. 1841 et seq. and the regulations
 1919  adopted thereunder.
 1920         (2) “Annual percentage rate” means the annual percentage
 1921  rate for the loan calculated according to the provisions of 15
 1922  U.S.C. s. 1606 and the regulations adopted thereunder by the
 1923  Federal Reserve Board.
 1924         (3) “Borrower” means any natural person obligated to repay
 1925  a loan, including, but not limited to, a coborrower, cosignor,
 1926  or guarantor.
 1927         (4) “Bridge loan” means a loan having with a maturity of
 1928  less than 18 months which that only requires the payment only of
 1929  interest until such time as the entire unpaid balance is due and
 1930  payable.
 1931         (5) “Department” means the Department of Business and
 1932  Professional Regulation.
 1933         (5) “Commission” means the Financial Services Commission.
 1934         (6) “Office” means the Office of Financial Regulation of
 1935  the commission.
 1936         (6)(7) “High-cost home loan” means a home loan as defined
 1937  in 15 U.S.C. s. 1602(aa) and regulations adopted thereunder.
 1938         (7)(8) “Lender” means any person who makes a high-cost home
 1939  loan or acts as a mortgage broker or lender, finance company, or
 1940  retail installment seller with respect to a high-cost home loan,
 1941  but does shall not include any entity chartered by the United
 1942  States Congress when engaging in secondary market mortgage
 1943  transactions as an assignee or otherwise.
 1944         Section 39. Section 494.00795, Florida Statutes, is amended
 1945  to read:
 1946         494.00795 Powers and duties of the department commission
 1947  and office; investigations; examinations; injunctions; orders.—
 1948         (1)(a) The department is commission and office are
 1949  responsible for the administration and enforcement of this act.
 1950         (b) The department commission may adopt rules pursuant to
 1951  ss. 120.536(1) and 120.54 to administer implement this act. The
 1952  department commission may adopt rules to allow electronic
 1953  submission of any forms, documents, or fees required by this
 1954  act.
 1955         (2)(a) The department office may conduct an investigation
 1956  of any person whenever the department office has reason to
 1957  believe, upon complaint or otherwise, that any violation of the
 1958  act has occurred.
 1959         (b) Any person having reason to believe that a provision of
 1960  this act has been violated may file a written complaint with the
 1961  department office setting forth the details of the alleged
 1962  violation.
 1963         (c) The department office may conduct examinations of any
 1964  person to determine compliance with this act.
 1965         (3)(a) The department office may bring action, through its
 1966  own counsel in the name and on behalf of the state, against any
 1967  person who has violated or is about to violate any provision of
 1968  this act, or any rule or order issued under the act, to enjoin
 1969  the person from continuing in or engaging in any act in
 1970  furtherance of the violation.
 1971         (b) In any injunctive proceeding, the court may, on due
 1972  showing by the department office, issue a subpoena or subpoena
 1973  duces tecum requiring the attendance of any witness and
 1974  requiring the production of any books, accounts, records, or
 1975  other documents and materials that appear necessary to the
 1976  expeditious resolution of the application for injunction.
 1977         (4) The department office may issue and serve upon any
 1978  person an order to cease and desist and to take corrective
 1979  action whenever the department office has reason to believe the
 1980  person is violating, has violated, or is about to violate any
 1981  provision of this act, any rule or order issued under this act,
 1982  or any written agreement between the person and the department
 1983  office. All procedural matters relating to issuance and
 1984  enforcement of cease and desist orders are governed by the
 1985  Administrative Procedure Act.
 1986         (5) Whenever the department office finds a person in
 1987  violation of this act, it may enter an order imposing a fine in
 1988  an amount not exceeding $5,000 for each count or separate
 1989  offense, provided that the aggregate fine for all violations of
 1990  this act which that could have been asserted at the time of the
 1991  order imposing the fine may shall not exceed $500,000.
 1992         (6) Any violation of this act shall also be deemed to be a
 1993  violation of this chapter, chapter 516, chapter 520, chapter
 1994  655, chapter 657, chapter 658, chapter 660, chapter 663, chapter
 1995  665, or chapter 667. The department commission may adopt rules
 1996  to enforce this subsection.
 1997         Section 40. Section 494.00797, Florida Statutes, is amended
 1998  to read:
 1999         494.00797 General rule.—All counties and municipalities of
 2000  this state are prohibited from enacting and enforcing
 2001  ordinances, resolutions, and rules regulating financial or
 2002  lending activities, including ordinances, resolutions, and rules
 2003  disqualifying persons from doing business with a city, county,
 2004  or municipality based upon lending interest rates or imposing
 2005  reporting requirements or any other obligations upon persons
 2006  regarding financial services or lending practices of persons or
 2007  entities, and any subsidiaries or affiliates thereof, who:
 2008         (1) Are subject to the jurisdiction of the department
 2009  office, including for activities subject to this chapter, except
 2010  entities licensed under s. 537.004;
 2011         (2) Are subject to the jurisdiction of the Office of Thrift
 2012  Supervision, the Office of the Comptroller of the Currency, the
 2013  National Credit Union Administration, the Federal Deposit
 2014  Insurance Corporation, the Federal Trade Commission, or the
 2015  United States Department of Housing and Urban Development;
 2016         (3) Originate, purchase, sell, assign, secure, or service
 2017  property interests or obligations created by financial
 2018  transactions or loans made, executed, or originated by persons
 2019  referred to in subsection (1) or subsection (2) to assist or
 2020  facilitate such transactions;
 2021         (4) Are chartered by the United States Congress to engage
 2022  in secondary market mortgage transactions; or
 2023         (5) Are created by the Florida Housing Finance Corporation.
 2024  
 2025  Proof of noncompliance with this act can be used by a city,
 2026  county, or municipality of this state to disqualify a vendor or
 2027  contractor from doing business with a city, county, or
 2028  municipality of this state.
 2029         Section 41. Section 516.01, Florida Statutes, is amended to
 2030  read:
 2031         516.01 Definitions.—As used in this chapter, the term:
 2032         (1) “Consumer finance borrower” or “borrower” means a
 2033  person who has incurred either direct or contingent liability to
 2034  repay a consumer finance loan.
 2035         (2) “Consumer finance loan” means a loan of money, credit,
 2036  goods, or choses in action, including, except as otherwise
 2037  specifically indicated, provision of a line of credit, in an
 2038  amount or to a value of $25,000 or less for which the lender
 2039  charges, contracts for, collects, or receives interest at a rate
 2040  greater than 18 percent per annum.
 2041         (3) “Commission” means the Financial Services Commission.
 2042         (4) “Office” means the Office of Financial Regulation of
 2043  the commission.
 2044         (3)(5) “Interest” means the cost of obtaining a consumer
 2045  finance loan and includes any profit or advantage of any kind
 2046  which whatsoever that a lender may charge, contract for,
 2047  collect, receive, or in anywise obtain, including by means of
 2048  any collateral sale, purchase, or agreement, as a condition for
 2049  a consumer finance loan. Charges specifically permitted by this
 2050  chapter, including commissions received for insurance written as
 2051  permitted by this chapter, are shall not be deemed interest.
 2052         (4) “Lender” means a person who makes and collects a
 2053  consumer finance loan.
 2054         (6) “License” means a permit issued under this chapter to
 2055  make and collect loans in accordance with this chapter at a
 2056  single place of business.
 2057         (7) “Licensee” means a person to whom a license is issued.
 2058         (8) “Control person” means an individual, partnership,
 2059  corporation, trust, or other organization that possesses the
 2060  power, directly or indirectly, to direct the management or
 2061  policies of a company, whether through ownership of securities,
 2062  by contract, or otherwise. A person is presumed to control a
 2063  company if, with respect to a particular company, that person:
 2064         (a) Is a director, general partner, or officer exercising
 2065  executive responsibility or having similar status or functions;
 2066         (b) Directly or indirectly may vote 10 percent or more of a
 2067  class of a voting security or sell or direct the sale of 10
 2068  percent or more of a class of voting securities; or
 2069         (c) In the case of a partnership, may receive upon
 2070  dissolution or has contributed 10 percent or more of the
 2071  capital.
 2072         Section 42. Section 516.02, Florida Statutes, is amended to
 2073  read:
 2074         516.02 Loans; lines of credit; rate of interest; license.—
 2075         (1) A person must not engage in the business of making
 2076  consumer finance loans unless she or he is authorized to do so
 2077  under this chapter or other statutes and unless the person first
 2078  obtains a license from the office.
 2079         (1)(2)(a) A person who is engaged in the business of making
 2080  loans of money, except as authorized by this chapter or other
 2081  statutes of this state, may not directly or indirectly charge,
 2082  contract for, or receive any interest or consideration greater
 2083  than 18 percent per annum upon the loan, use, or forbearance of
 2084  money, goods, or choses in action, or upon the loan or use of
 2085  credit, of the amount or value of $25,000 or less.
 2086         (b) The prohibition in paragraph (a) applies to any lender
 2087  who, as security for any such loan, use, or forbearance of
 2088  money, goods, or choses in action, or for any such loan or use
 2089  of credit, makes a pretended purchase of property from any
 2090  person and permits the owner or pledgor to retain the possession
 2091  of the property thereof or who by any device or pretense of
 2092  charging for services or otherwise seeks to obtain a greater
 2093  compensation than is authorized by this chapter.
 2094         (c) A loan for which a greater rate of interest or charge
 2095  than is allowed by this chapter has been contracted for or
 2096  received, wherever made, is not enforceable in this state, and
 2097  each person who in any manner participates in the loan therein
 2098  in this state is subject to this chapter. However, this
 2099  paragraph does not apply to loans legally made to a resident of
 2100  another state by a person within that state if that state has in
 2101  effect a regulatory small loan or consumer finance law similar
 2102  in principle to this chapter.
 2103         (2)(3) A lender licensee may offer lines of credit not
 2104  exceeding $25,000 and may charge, contract for, and receive
 2105  interest charges and other charges pursuant to s. 516.031,
 2106  except that a lender licensee may not offer a credit card.
 2107         (3)(4) This chapter does not apply to any person who does
 2108  business under, and as permitted by, any law of this state or of
 2109  the United States relating to banks, savings banks, trust
 2110  companies, building and loan associations, credit unions, or
 2111  industrial loan and investment companies. A pawnbroker may not
 2112  make loans be licensed to transact business under this chapter.
 2113         Section 43. Section 516.03, Florida Statutes, is repealed.
 2114         Section 44. Section 516.031, Florida Statutes, is amended
 2115  to read:
 2116         516.031 Finance charge; maximum rates.—
 2117         (1) INTEREST RATES.—A lender Every licensee may lend any
 2118  sum of money not exceeding $25,000. A lender licensee may not
 2119  take a security interest secured by land on any loan less than
 2120  $1,000. The lender licensee may charge, contract for, and
 2121  receive thereon interest charges on the loan as provided and
 2122  authorized by this section. The maximum interest rate is shall
 2123  be 30 percent per annum, computed on the first $2,000 of the
 2124  principal amount as computed from time to time; 24 percent per
 2125  annum on that part of the principal amount as computed from time
 2126  to time exceeding $2,000 and not exceeding $3,000; and 18
 2127  percent per annum on that part of the principal amount as
 2128  computed from time to time exceeding $3,000 and not exceeding
 2129  $25,000. The original principal amount as used in this section
 2130  is shall be the same amount as the amount financed as defined by
 2131  the federal Truth in Lending Act and Regulation Z of the Board
 2132  of Governors of the Federal Reserve System. In determining
 2133  compliance with the statutory maximum interest and finance
 2134  charges set forth in this subsection herein, the computations
 2135  used must utilized shall be simple interest and not add-on
 2136  interest or any other computations. If When two or more interest
 2137  rates are to be applied to the principal amount of a loan, the
 2138  lender licensee may charge, contract for, and receive interest
 2139  at that single annual percentage rate that which if applied
 2140  according to the actuarial method to each of the scheduled
 2141  periodic balances of principal would produce at maturity the
 2142  same total amount of interest as would result from the
 2143  application of the two or more rates otherwise permitted, based
 2144  upon the assumption that all payments are made as agreed.
 2145         (2) ANNUAL PERCENTAGE RATE UNDER FEDERAL TRUTH IN LENDING
 2146  ACT.—The annual percentage rate of finance charge which may be
 2147  contracted for and received under any loan contract made by a
 2148  lender licensee under this chapter may equal, but not exceed,
 2149  the annual percentage rate that which must be computed and
 2150  disclosed as required by the federal Truth in Lending Act and
 2151  Regulation Z of the Board of Governors of the Federal Reserve
 2152  System. The maximum annual percentage rate of finance charge
 2153  which may be contracted for and received is 12 times the maximum
 2154  monthly rate, and the maximum monthly rate must shall be
 2155  computed on the basis of one-twelfth of the annual rate for each
 2156  full month. The maximum daily rate of finance charge is one
 2157  thirtieth of the maximum monthly rate The commission shall by
 2158  rule establish the rate for each day in a fraction of a month
 2159  when the period for which the charge is computed is more or less
 2160  than 1 month.
 2161         (3) OTHER CHARGES.—
 2162         (a) In addition to the interest, delinquency, and insurance
 2163  charges authorized in this section, a lender may not, directly
 2164  or indirectly, impose additional herein provided for, no further
 2165  or other charges or amount whatsoever for an any examination,
 2166  service, commission, or any other purpose thing or otherwise
 2167  shall be directly or indirectly charged, contracted for, or
 2168  received as a condition to the grant of a loan, except:
 2169         1. An amount not to exceed $25 to reimburse a portion of
 2170  the costs for investigating the character and credit of the
 2171  person applying for the loan;
 2172         2. An annual fee of $25 on the anniversary date of each
 2173  line-of-credit account;
 2174         3. Charges paid for brokerage fee on a loan or line of
 2175  credit of more than $10,000, title insurance, and the appraisal
 2176  of real property offered as security if when paid to a third
 2177  party and supported by an actual expenditure;
 2178         4. Intangible personal property tax on the loan note or
 2179  obligation if when secured by a lien on real property;
 2180         5. The documentary excise tax and lawful fees, if any,
 2181  actually and necessarily paid out by the lender licensee to any
 2182  public officer for filing, recording, or releasing in any public
 2183  office any instrument securing the loan, which fees may be
 2184  collected when the loan is made or at any time thereafter;
 2185         6. The premium payable for any insurance in lieu of
 2186  perfecting any security interest otherwise required by the
 2187  lender licensee in connection with the loan, if the premium does
 2188  not exceed the fees that which would otherwise be payable, which
 2189  premium may be collected when the loan is made or at any time
 2190  thereafter;
 2191         7. Actual and reasonable attorney attorney’s fees and court
 2192  costs as determined by the court in which suit is filed;
 2193         8. Actual and commercially reasonable expenses of
 2194  repossession, storing, repairing and placing in condition for
 2195  sale, and selling of any property pledged as security; or
 2196         9. A delinquency charge not to exceed $10 for each payment
 2197  in default for a period of not less than 10 days, if the charge
 2198  is agreed upon, in writing, between the parties before imposing
 2199  the charge.
 2200  
 2201  Any charges, including interest, in excess of the combined total
 2202  of all charges authorized and permitted by this chapter
 2203  constitute a violation of chapter 687 governing interest and
 2204  usury, and the penalties of that chapter apply. If In the event
 2205  of a bona fide error occurs, the lender licensee shall refund or
 2206  credit the borrower with the amount of the overcharge
 2207  immediately but within 20 days after from the discovery of such
 2208  error.
 2209         (b) Notwithstanding the provisions of paragraph (a), any
 2210  lender of money who receives a check, draft, negotiable order of
 2211  withdrawal, or like instrument drawn on a bank or other
 2212  depository institution, which instrument is given by a borrower
 2213  as full or partial repayment of a loan, may, if such instrument
 2214  is not paid or is dishonored by such institution, make and
 2215  collect from the borrower a bad check charge of not more than
 2216  the greater of $20 or an amount equal to the actual charge made
 2217  to the lender by the depository institution for the return of
 2218  the unpaid or dishonored instrument.
 2219         (4) DIVIDED LOANS.—A lender may not No licensee shall
 2220  induce or permit any borrower to split up or divide any loan. A
 2221  lender may not No licensee shall induce or permit any person, or
 2222  any husband and wife, jointly or severally, to become obligated
 2223  to the lender licensee, directly or contingently or both, under
 2224  more than one contract of loan at the same time, for the
 2225  purpose, or with the result, of obtaining a greater finance
 2226  charge than would otherwise be permitted by this section.
 2227         (5) UNPAID INTEREST UPON REFINANCING.—If all or part of the
 2228  consideration for a new loan contract is the unpaid principal
 2229  balance of a prior loan with the lender licensee, the principal
 2230  amount payable under the new loan contract may include not more
 2231  than 60 days’ unpaid interest accrued on the prior loan.
 2232         Section 45. Section 516.035, Florida Statutes, is amended
 2233  to read:
 2234         516.035 Rate of interest upon default.—If In the event that
 2235  any balance remains unpaid at the expiration of the scheduled
 2236  maturity date of a loan, a lender licensees may continue to
 2237  charge interest on the unpaid balance at the rate provided for
 2238  in s. 516.031(1) for a period not to exceed 12 months.
 2239  Thereafter, the interest may shall not exceed the permissible
 2240  rate of interest provided by chapter 687. When advances are made
 2241  pursuant to a line of credit, a lender licensee may charge
 2242  interest on the unpaid balance at the rate provided for in s.
 2243  516.031(1) for the period that a balance remains unpaid.
 2244         Section 46. Section 516.05, Florida Statutes, is repealed.
 2245         Section 47. Section 516.07, Florida Statutes, is repealed.
 2246         Section 48. Section 516.11, Florida Statutes, is repealed.
 2247         Section 49. Section 516.12, Florida Statutes, is repealed.
 2248         Section 50. Section 516.15, Florida Statutes, is amended to
 2249  read:
 2250         516.15 Duties of lender licensee.—A lender must Every
 2251  licensee shall:
 2252         (1) Deliver to the borrower at the time a loan is made a
 2253  statement in the English language showing in clear and distinct
 2254  terms the amount and date of the loan and the date of its
 2255  maturity; the nature of the security, if any, for the loan; the
 2256  name and address of the borrower and of the lender licensee; and
 2257  the rate of interest charged. However, with respect to a line of
 2258  credit, the statement need not show a maturity date.
 2259         (2) Give to the borrower a plain and complete receipt for
 2260  each payment made on account of any loan at the time the payment
 2261  is made or, alternatively, furnish to the borrower an annual
 2262  statement showing the amount of interest paid on the loan during
 2263  the previous year as well as the remaining balance on the loan,
 2264  if provided a simple receipt is given to the borrower for each
 2265  payment made in cash and for any payment when requested in
 2266  writing by the borrower.
 2267         (3) Permit payment of the loan in whole or in part before
 2268  prior to its maturity with interest on the such payment to the
 2269  date of the payment thereof.
 2270         (4) Upon repayment of the loan in full, mark indelibly
 2271  every paper signed by the borrower with the word “Paid” or
 2272  “Canceled” and release any mortgage, restore any pledge, cancel
 2273  and return any note, and cancel and return any assignment given
 2274  by the borrower as security.
 2275         Section 51. Section 516.16, Florida Statutes, is amended to
 2276  read:
 2277         516.16 Confession of judgment; power of attorney; contents
 2278  of notes and security.—A lender may not No licensee shall take:
 2279  any
 2280         (1)A confession of judgment or a any power of attorney;.
 2281  Nor shall a licensee take any
 2282         (2)A note, a promise to pay, or a security that does not
 2283  state the actual amount of the loan, the time for which it is
 2284  made, and the rate of interest charged; or, nor any
 2285         (3) An instrument in which blanks are left to be filled
 2286  after execution.
 2287  
 2288  However, with respect to a line of credit, the note, promise to
 2289  pay, or security need not state the time for which it is made.
 2290         Section 52. Section 516.19, Florida Statutes, is amended to
 2291  read:
 2292         516.19 Penalties.—A Any person who violates any of the
 2293  provisions of s. 516.02, s. 516.031 commits, s. 516.05(3), s.
 2294  516.05(6), or s. 516.07(1)(e) is guilty of a misdemeanor of the
 2295  first degree, punishable as provided in s. 775.082 or s.
 2296  775.083.
 2297         Section 53. Section 516.21, Florida Statutes, is amended to
 2298  read:
 2299         516.21 Restriction of borrower’s indebtedness.—
 2300         (1) A lender may not No licensee shall directly or
 2301  indirectly charge, contract for, or receive any interest,
 2302  discount, or consideration greater than 18 percent per annum
 2303  upon any loan, or upon any part or all of any aggregate loan
 2304  indebtedness of the same borrower, of the amount of more than
 2305  $25,000. The foregoing prohibition shall also applies apply to
 2306  any lender licensee who permits any person, as borrower or as
 2307  endorser, guarantor, or surety for any borrower, or otherwise,
 2308  or any husband and wife, jointly or severally, to owe directly
 2309  or contingently or both to the lender licensee at any time a sum
 2310  of more than $25,000 for principal.
 2311         (2) However, if the proceeds of any loan of $25,000 or less
 2312  are used to discharge a preexisting debt of the borrower for
 2313  goods or services owed directly to the person who provided the
 2314  such goods or services, the lender licensee may accept from the
 2315  such person a guaranty of payment of the principal of the such
 2316  loan with interest at a rate not exceeding 18 percent per
 2317  annum., and The acceptance of one or more such guaranties of
 2318  payment by the provider of goods or services in any aggregate
 2319  amount does shall not affect the rights of the lender such
 2320  licensee to make the charges against the primary borrower
 2321  authorized by s. 516.031., nor shall
 2322         (3)(a) The limitation on the consideration upon the
 2323  aggregate indebtedness of the same borrower in subsection (1)
 2324  does not apply to the isolated acquisition directly or
 2325  indirectly by purchase or by discount of bona fide obligations
 2326  of a borrower.
 2327         (b) However, if in the event a lender licensee makes a bona
 2328  fide purchase of substantially all of the loans made under this
 2329  chapter from another licensee or other lender not affiliated
 2330  with the purchaser and the purchaser such licensee or other
 2331  lender has an existing loan outstanding to one or more of the
 2332  borrowers whose loans are purchased, the lender such licensee
 2333  making the such purchase may shall be entitled to liquidate and
 2334  collect the balances due on the such loans, including all lawful
 2335  charges and interest at the rates or amounts agreed upon in the
 2336  such loan contracts.
 2337         Section 54. Section 516.22, Florida Statutes, is repealed.
 2338         Section 55. Section 516.221, Florida Statutes, is repealed.
 2339         Section 56. Section 516.23, Florida Statutes, is repealed.
 2340         Section 57. Section 516.27, Florida Statutes, is repealed.
 2341         Section 58. Subsections (3), (5), and (6) of section
 2342  516.31, Florida Statutes, are amended to read:
 2343         516.31 Consumer protection; certain negotiable instruments
 2344  restricted; assigns subject to defenses; limitation on
 2345  deficiency claims; cross collateral.—
 2346         (3) LIMITATION ON DEFICIENCY CLAIMS.—If a creditor takes
 2347  possession of property that which was collateral under a
 2348  consumer credit transaction, the consumer is shall not be
 2349  personally liable to the creditor for any unpaid balance of the
 2350  obligation unless the unpaid balance of the consumer’s
 2351  obligation at the time of default was $2,000 or more. If When
 2352  the unpaid balance is $2,000 or more, the creditor may shall be
 2353  entitled to recover from the consumer the deficiency, if any,
 2354  resulting from deducting the fair market value of the collateral
 2355  from the unpaid balance due. In a proceeding for a deficiency,
 2356  the fair market value of the collateral is shall be a question
 2357  for the trier of fact. Periodically published trade estimates of
 2358  the retail value of goods shall, to the extent they are
 2359  recognized in the particular trade or business, are be presumed
 2360  to be the fair market value of the collateral.
 2361         (5) PURCHASERS OF RETAIL INSTALLMENT CONTRACTS MUST BE
 2362  LICENSED UNDER CHAPTER 520.—A licensee under the Consumer
 2363  Finance Act who purchases or holds retail installment contracts
 2364  as defined in s. 520.31 in this state shall also be licensed
 2365  under chapter 520 as an Installment Sales Finance Act licensee.
 2366         (5)(6) WAIVER.—A waiver by the buyer of any provision of
 2367  provisions in this section is shall be void and unenforceable as
 2368  contrary to public policy.
 2369         Section 59. Section 516.32, Florida Statutes, is repealed.
 2370         Section 60. Section 516.38, Florida Statutes, is created to
 2371  read:
 2372         516.38 Actions for damages.—A borrower who is injured by a
 2373  violation of this chapter may bring an action to recover actual
 2374  and punitive damages. If the borrower prevails in such action,
 2375  the borrower is entitled to reasonable attorney fees and costs.
 2376  The remedies provided in this section are in addition to any
 2377  other remedies available to the borrower.
 2378         Section 61. Section 520.02, Florida Statutes, is amended to
 2379  read:
 2380         520.02 Definitions.—In this part act, unless the context or
 2381  subject matter otherwise requires, the term:
 2382         (1) “Branch” means any location, other than a licensee’s
 2383  principal place of business, at which a licensee operates or
 2384  conducts business under this act or which a licensee owns or
 2385  controls for the purpose of conducting business under this act.
 2386         (1)(2) “Cash price” means the price at which a seller, in
 2387  the ordinary course of business, offers to sell for cash the
 2388  property or service that is the subject of the transaction. At
 2389  the seller’s option, the term “cash price” may include the price
 2390  of accessories, services related to the sale, service contracts,
 2391  and taxes and fees for license, title, and registration of the
 2392  motor vehicle. The term “cash price” does not include any
 2393  finance charge.
 2394         (3) “Commission” means the Financial Services Commission.
 2395         (4) “Control person” means an individual, partnership,
 2396  corporation, trust, or other organization that possesses the
 2397  power, directly or indirectly, to direct the management or
 2398  policies of a company, whether through ownership of securities,
 2399  by contract, or otherwise. A person is presumed to control a
 2400  company if, with respect to a particular company, that person:
 2401         (a) Is a director, general partner, or officer exercising
 2402  executive responsibility or having similar status or functions;
 2403         (b) Directly or indirectly may vote 10 percent or more of a
 2404  class of a voting security or sell or direct the sale of 10
 2405  percent or more of a class of voting securities; or
 2406         (c) In the case of a partnership, may receive upon
 2407  dissolution or has contributed 10 percent or more of the
 2408  capital.
 2409         (2)(5) “Down payment” means the amount, including the value
 2410  of any property used as a trade-in, paid to a seller to reduce
 2411  the cash price of goods or services purchased in a credit sale
 2412  transaction. A deferred portion of a down payment may be treated
 2413  as part of the down payment if it is payable not later than the
 2414  due date of the second otherwise regularly scheduled payment and
 2415  is not subject to a finance charge.
 2416         (3)(6) “Finance charge” means the cost of consumer credit
 2417  as a dollar amount. The term “finance charge” includes any
 2418  charge payable directly or indirectly by the buyer and imposed
 2419  directly or indirectly by the seller as an incident to or a
 2420  condition of the extension of credit. The term “finance charge”
 2421  does not include any charge of a type payable in a comparable
 2422  cash transaction.
 2423         (4)(7) “Guaranteed asset protection product” means a loan,
 2424  lease, or retail installment contract term, or modification or
 2425  addendum to a loan, lease, or retail installment contract, under
 2426  which a creditor agrees to waive a customer’s liability for
 2427  payment of some or all of the amount by which the debt exceeds
 2428  the value of the collateral. Such a product is not insurance for
 2429  purposes of the Florida Insurance Code. This subsection also
 2430  applies to all guaranteed asset protection products issued
 2431  before October 1, 2008.
 2432         (5)(8) “Holder” of a retail installment contract means the
 2433  retail seller of a motor vehicle retail installment contract or
 2434  an assignee of such contract.
 2435         (6)(9) “Mobile home” means a structure, transportable in
 2436  one or more sections, which is 8 body feet or more in width and
 2437  is 32 body feet or more in length, designed to be used as a
 2438  dwelling with or without a permanent foundation when connected
 2439  to the required utilities, and includes the plumbing, heating,
 2440  air-conditioning, and electrical systems contained therein.
 2441         (7)(10) “Motor vehicle” means any device or vehicle,
 2442  including automobiles, motorcycles, motor trucks, trailers,
 2443  mobile homes, and all other vehicles operated over the public
 2444  highways and streets of this state and propelled by power other
 2445  than muscular power, but excluding traction engines, road
 2446  rollers, implements of husbandry and other agricultural
 2447  equipment, and vehicles that which run only upon a track.
 2448         (8)(11) “Motor vehicle retail installment seller” or
 2449  “seller” means a person engaged in the business of selling motor
 2450  vehicles to retail buyers in retail installment transactions.
 2451         (12) “Office” means the Office of Financial Regulation of
 2452  the commission.
 2453         (9)(13) “Official fees” means fees and charges prescribed
 2454  by law which actually are or will be paid to public officials
 2455  for determining the existence of, or for perfecting, releasing,
 2456  or satisfying, any security related to the credit transaction,
 2457  or the premium payable for any insurance in lieu of perfecting
 2458  any security interest otherwise required by the creditor in
 2459  connection with the transaction, if the premium does not exceed
 2460  the fees and charges that which would otherwise be payable to
 2461  public officials.
 2462         (14) “Person” means an individual, partnership,
 2463  corporation, association, and any other group however organized.
 2464         (15) “Principal place of business” means the physical
 2465  location designated on the licensee’s application for licensure,
 2466  unless otherwise designated as required by this chapter.
 2467         (10)(16) “Retail buyer” or “buyer” means a person who buys
 2468  a motor vehicle from a seller not principally for the purpose of
 2469  resale, and who executes a retail installment contract in
 2470  connection with the purchase therewith or a person who succeeds
 2471  to the rights and obligations of such person.
 2472         (11)(17) “Retail installment contract” or “contract” means
 2473  an agreement, entered into in this state, pursuant to which the
 2474  title to, or a lien upon the motor vehicle, which is the subject
 2475  matter of a retail installment transaction, is retained or taken
 2476  by a seller from a retail buyer as security, in whole or in
 2477  part, for the buyer’s obligation. The term includes a
 2478  conditional sales contract and a contract for the bailment or
 2479  leasing of a motor vehicle by which the bailee or lessee
 2480  contracts to pay as compensation for its use a sum substantially
 2481  equivalent to or in excess of its value and by which it is
 2482  agreed that the bailee or lessee is bound to become, or for no
 2483  further or a merely nominal consideration, has the option of
 2484  becoming, the owner of the motor vehicle upon full compliance
 2485  with the provisions of the contract.
 2486         (12)(18) “Retail installment transaction” means any
 2487  transaction evidenced by a retail installment contract entered
 2488  into between a retail buyer and a seller in which wherein the
 2489  retail buyer buys a motor vehicle from the seller at a deferred
 2490  payment price payable in one or more deferred installments.
 2491         (13)(19) “Sales finance company” means a person engaged in
 2492  the business of purchasing retail installment contracts from one
 2493  or more sellers. The term includes, but is not limited to, a
 2494  bank or trust company, if so engaged. The term does not include
 2495  the pledge of an aggregate number of such contracts to secure a
 2496  bona fide loan thereon.
 2497         (20) Words in the singular include the plural and vice
 2498  versa.
 2499         Section 62. Section 520.03, Florida Statutes, is repealed.
 2500         Section 63. Section 520.12, Florida Statutes, is amended to
 2501  read:
 2502         520.12 Penalties.—
 2503         (1) Any person who willfully and intentionally violates any
 2504  provision of s. 520.995 or engages in the business of a retail
 2505  installment seller without obtaining a license as required by
 2506  this part is guilty of a misdemeanor of the first degree,
 2507  punishable as provided in s. 775.082 or s. 775.083.
 2508         (2)In the case of a willful violation of this part with
 2509  respect to any retail installment sale, A the buyer may bring an
 2510  action against a person who violates this part with respect to a
 2511  retail installment sale recover from the person committing such
 2512  violation, or may set off or counterclaim in any action against
 2513  the buyer by such person, an amount equal to any finance charge
 2514  and any fees charged to the buyer by reason of delinquency, plus
 2515  attorney attorney’s fees and costs incurred by the buyer to
 2516  assert rights under this part.
 2517         (3) Section 520.12(2) does not apply to any violation of
 2518  the requirement in s. 520.07(1)(c) that the seller deliver or
 2519  mail to the buyer a copy of the contract signed by the seller,
 2520  if the seller delivered to the buyer at the time the buyer
 2521  signed the contract an exact copy of the contract that the buyer
 2522  signed.
 2523         Section 64. Section 520.31, Florida Statutes, is amended to
 2524  read:
 2525         520.31 Definitions.—Unless otherwise clearly indicated by
 2526  the context, as used in this part, the term the following words
 2527  when used in this act, for the purposes of this act, shall have
 2528  the meanings respectively ascribed to them in this section:
 2529         (1) “Branch” means any location, other than a licensee’s
 2530  principal place of business, at which a licensee operates or
 2531  conducts business under this act or which a licensee owns or
 2532  controls for the purpose of conducting business under this act.
 2533         (1)(2) “Cash price” means the price at which the seller, in
 2534  the ordinary course of business, offers to sell for cash the
 2535  property or service that is the subject of the transaction. At
 2536  the seller’s option, the term “cash price” may include the price
 2537  of accessories, services related to the sale, service contracts,
 2538  and taxes. The term “cash price” does not include any finance
 2539  charge.
 2540         (3) “Commission” means the Financial Services Commission.
 2541         (4) “Control person” means an individual, partnership,
 2542  corporation, trust, or other organization that possesses the
 2543  power, directly or indirectly, to direct the management or
 2544  policies of a company, whether through ownership of securities,
 2545  by contract, or otherwise. A person is presumed to control a
 2546  company if, with respect to a particular company, that person:
 2547         (a) Is a director, general partner, or officer exercising
 2548  executive responsibility or having similar status or functions;
 2549         (b) Directly or indirectly has the right to vote 10 percent
 2550  or more of a class of a voting security or has the power to sell
 2551  or direct the sale of 10 percent or more of a class of voting
 2552  securities; or
 2553         (c) In the case of a partnership, has the right to receive
 2554  upon dissolution or has contributed 10 percent or more of the
 2555  capital.
 2556         (2)(5) “Down payment” means the amount, including the value
 2557  of any property used as a trade-in, paid to a seller to reduce
 2558  the cash price of goods or services purchased in a credit sale
 2559  transaction. A deferred portion of a down payment may be treated
 2560  as part of the down payment if it is payable not later than the
 2561  due date of the second otherwise regularly scheduled payment and
 2562  is not subject to a finance charge.
 2563         (3)(6) “Finance charge” means the cost of consumer credit
 2564  as a dollar amount. The term “finance charge” includes any
 2565  charge payable directly or indirectly by the buyer and imposed
 2566  directly or indirectly by the seller as an incident to or a
 2567  condition of the extension of credit. The term “finance charge”
 2568  does not include any charge of a type payable in a comparable
 2569  cash transaction.
 2570         (4)(7) “Goods” means all personalty if when purchased
 2571  primarily for personal, family, or household use, including
 2572  certificates or coupons issued by a retail seller exchangeable
 2573  for personalty or services, but not including other choses in
 2574  action, personalty sold for commercial or industrial use, money,
 2575  motor vehicles or construction, mining, or quarrying equipment.
 2576  The term “goods” includes such personalty that which is
 2577  furnished or used, at the time of sale or subsequently, in the
 2578  modernization, rehabilitation, repair, alteration, improvement,
 2579  or construction of real property as to become a part of the real
 2580  property thereof, whether or not severable from the real
 2581  property therefrom.
 2582         (5)(8) “Holder” means the retail seller or an assignee of
 2583  the retail seller.
 2584         (6)(9) “Motor vehicle” means any device or vehicle operated
 2585  over the public highways and streets of this state and propelled
 2586  by other than muscular power, but does not include traction
 2587  engines, road rollers, implements of husbandry and other
 2588  agricultural equipment, and such vehicles as run only upon a
 2589  track.
 2590         (10) “Office” means the Office of Financial Regulation of
 2591  the commission.
 2592         (7)(11) “Official fees” means fees and charges prescribed
 2593  by law which actually are or will be paid to public officials
 2594  for determining the existence of, or for perfecting, releasing,
 2595  or satisfying, any security related to the credit transaction or
 2596  the premium payable for any insurance in lieu of perfecting any
 2597  security interest otherwise required by the creditor in
 2598  connection with the transaction, if the premium does not exceed
 2599  the fees and charges that which would otherwise be payable to
 2600  public officials.
 2601         (12) “Principal place of business” means the physical
 2602  location designated on the licensee’s application for licensure,
 2603  unless otherwise designated as required by this chapter.
 2604         (8)(13) “Retail buyer” or “buyer” means a person who buys
 2605  goods or obtains services from a retail seller in a retail
 2606  installment transaction and not principally for the purpose of
 2607  resale.
 2608         (9)(14) “Retail installment contract” or “contract” means
 2609  an instrument or instruments reflecting one or more retail
 2610  installment transactions entered into in this state pursuant to
 2611  which goods or services may be paid for in installments. It does
 2612  not include a revolving account or an instrument reflecting a
 2613  sale pursuant thereto.
 2614         (10)(15) “Retail installment transaction” or “transaction”
 2615  means a contract to sell or furnish or the sale of or the
 2616  furnishing of goods or services by a retail seller to a retail
 2617  buyer pursuant to a retail installment contract or a revolving
 2618  account.
 2619         (11)(16) “Retail seller” or “seller” means a person
 2620  regularly engaged in, and whose business consists to a
 2621  substantial extent of, selling goods to a retail buyer. The term
 2622  also includes a seller who regularly grants credit to retail
 2623  buyers pursuant to a retail installment contract or a revolving
 2624  account for the purpose of purchasing goods or services from any
 2625  other person.
 2626         (12)(17) “Revolving account” or “account” means an
 2627  instrument or instruments prescribing the terms of retail
 2628  installment transactions that which may be made thereafter from
 2629  time to time pursuant thereto, under which the buyer’s total
 2630  unpaid balance thereunder, whenever incurred, is payable in
 2631  installments over a period of time and under the terms of which
 2632  a finance charge is to be computed in relation to the buyer’s
 2633  unpaid balance from time to time.
 2634         (13)(18) “Sales finance company” means a person engaged in
 2635  the business of purchasing retail installment contracts from one
 2636  or more retail sellers. The term includes, but is not limited
 2637  to, a bank or trust company, if so engaged. The term does not
 2638  include the pledgee of an aggregate number of such contracts to
 2639  secure a bona fide loan thereon.
 2640         (14)(19) “Services” means work, labor, or other personal
 2641  services furnished for personal, family, or household use,
 2642  including but not limited to the delivery, installation,
 2643  servicing, repair, or improvement of goods, and includes such
 2644  work or labor furnished in connection with the modernization,
 2645  rehabilitation, repair, alteration, improvement, or construction
 2646  upon or in connection with real property.
 2647         Section 65. Section 520.32, Florida Statutes, is repealed.
 2648         Section 66. Subsections (6) through (14) of section 520.34,
 2649  Florida Statutes, are amended to read:
 2650         520.34 Retail installment contracts.—
 2651         (6)(a) Notwithstanding the provisions of any other law, the
 2652  seller under a retail installment contract may charge, receive,
 2653  and collect a finance charge that which may not exceed the rate
 2654  of following rates: on the amount financed, $12 per $100 per
 2655  year on the amount financed. The finance charge under this
 2656  subsection shall be computed on the amount financed of each
 2657  transaction, as determined under paragraph (2)(a), on contracts
 2658  payable in successive monthly payments substantially equal in
 2659  amount, for the period from the date of the contract to and
 2660  including the date when the final installment under the contract
 2661  thereunder is payable. If When a retail installment contract is
 2662  payable other than in successive monthly payments substantially
 2663  equal in amount, the finance charge may be at the effective
 2664  rates provided in this subsection, having due regard for the
 2665  schedule of payments. The finance charge may be computed on the
 2666  basis of a full month for any fractional-month period in excess
 2667  of 10 days. Notwithstanding the other provisions of this
 2668  subsection, a minimum finance charge not in excess of the
 2669  following amounts may be charged on any retail installment
 2670  contract: $12 on any retail installment contract involving an
 2671  initial amount financed of $50 or more; $7.50 on a retail
 2672  installment contract involving an initial amount financed of
 2673  more than $25 and less than $50; and $5 on a retail installment
 2674  contract involving an initial amount financed of $25 or less.
 2675         (b) The holder of a retail installment contract, upon
 2676  request by the buyer, may extend the scheduled due date of all
 2677  or any part of any installment. If In the event the unpaid time
 2678  balance of the contract is extended, the holder may, at his or
 2679  her election, charge and collect for each 30 days’ extension an
 2680  amount not to exceed one-twelfth of the maximum allowable rate
 2681  per annum of the unpaid balance at the time of extension.
 2682         (7) A No retail installment contract may not shall be
 2683  signed by the buyer if when it contains blank spaces to be
 2684  filled in after it has been signed, except that, if delivery of
 2685  the goods or services is not made at the time of execution of
 2686  the contract, the identification of the goods or services and
 2687  the due date of the first installment may be left blank and
 2688  later inserted by the seller in the seller’s counterpart of the
 2689  contract after the contract it has been signed by the buyer. The
 2690  buyer’s written acknowledgment, conforming to the requirements
 2691  of paragraph (1)(c), of delivery of a copy of a contract is
 2692  shall be presumptive proof, in any action or proceeding, of such
 2693  delivery of the goods or services and that the contract, when
 2694  signed, did not contain any blank spaces as herein provided in
 2695  this subsection.
 2696         (8) The seller under any retail installment contract shall,
 2697  within 30 days after execution of the contract, deliver or mail
 2698  or cause to be delivered or mailed to the buyer at his or her
 2699  aforesaid address shown on the contract any policy or policies
 2700  of insurance the seller has agreed to purchase in connection
 2701  with the contract therewith, or in lieu thereof a certificate or
 2702  certificates of the such insurance. The amount, if any, included
 2703  for insurance may shall not exceed the applicable premiums
 2704  chargeable in accordance with the rates filed with the Office of
 2705  Insurance Regulation of the commission; if any such insurance is
 2706  canceled, unearned insurance premium refunds and any unearned
 2707  finance charges thereon received by the holder shall, at his or
 2708  her option, be credited to the final maturing installments of
 2709  the contract or paid to the buyer, except to the extent applied
 2710  toward the payment for similar insurance protecting the
 2711  interests of the seller and the holder or either of them. The
 2712  finance charge on the original transaction shall be separately
 2713  computed:
 2714         (a) With the premium for the canceled or adjusted insurance
 2715  included in the “amount financed”; and
 2716         (b) With the premium for the canceled insurance or the
 2717  amount of the premium adjustment excluded from the “amount
 2718  financed.”
 2719  
 2720  The difference in the finance charge resulting from these
 2721  computations shall be the portion of the finance charge
 2722  attributable to the canceled or adjusted insurance, and the
 2723  unearned portion thereof shall be determined by the use of the
 2724  rule of 78ths. “Cancellation of insurance” occurs at such time
 2725  as the seller or holder receives from the insurance carrier the
 2726  proper refund of unearned insurance premiums. Nothing in This
 2727  section does not act shall impair or abrogate the right of a
 2728  buyer to procure insurance from an agent and company of his or
 2729  her own selection, as provided by the insurance laws of this
 2730  state. This section does not; and nothing contained in this act
 2731  shall modify, alter, or repeal any of the insurance laws of this
 2732  state.
 2733         (9) If the buyer so requests, the holder shall give or
 2734  forward to the buyer a receipt for any payment when made in
 2735  cash. At any time after the execution of a contract, but not
 2736  later than 2 months after the last payment thereunder, the
 2737  holder shall, upon written request of the buyer, give or forward
 2738  to the buyer a written statement of the dates and amounts of
 2739  payments and the total amount, if any, unpaid thereunder. The
 2740  Such a statement shall be supplied by the holder once without
 2741  charge; if any additional statement is requested by the buyer,
 2742  the holder may impose shall supply such statement to the buyer
 2743  at a charge not exceeding $1 for each additional statement so
 2744  supplied.
 2745         (10) After payment of all sums for which the buyer is
 2746  obligated under a contract, and upon written demand made by the
 2747  buyer, the holder shall deliver or mail to the buyer, at his or
 2748  her last known address, one or more good and sufficient
 2749  instruments to acknowledge payment in full and shall release all
 2750  security in the goods.
 2751         (11) Notwithstanding the provisions of any retail
 2752  installment contract to the contrary, any buyer may prepay in
 2753  full at any time before maturity the unpaid balance of any
 2754  retail installment contract and in so paying such unpaid balance
 2755  shall receive a refund credit thereon for such anticipation of
 2756  payments. The amount of the such refund shall represent at least
 2757  as great a proportion of the finance charge, after first
 2758  deducting therefrom an acquisition cost of $15, as the sum of
 2759  the monthly balances beginning 1 month after prepayment is made
 2760  bears to the sum of all the monthly balances under the schedule
 2761  of payments in the contract. If When the amount of the such
 2762  refund credit is less than $1, no refund need be made.
 2763         (12) The seller may shall not request or accept a
 2764  certificate of completion signed by the buyer before prior to
 2765  the actual delivery of the goods and completion of the work to
 2766  be performed under the contract.
 2767         (13) As amended by chapter 79-592, Laws of Florida, chapter
 2768  79-274, Laws of Florida, which amended subsection (5):
 2769         (a) Shall apply only to loans, advances of credit, or lines
 2770  of credit made on or subsequent to July 1, 1979, and to loans,
 2771  advances of credit, or lines of credit made prior to that date
 2772  if the lender has the legal right to require full payment or to
 2773  adjust or modify the interest rate, by renewal, assumption,
 2774  reaffirmation, contract, or otherwise; and
 2775         (b) Shall not be construed as diminishing the force and
 2776  effect of any laws applying to loans, advances of credit, or
 2777  lines of credit, other than to those mentioned in paragraph (a),
 2778  completed prior to July 1, 1979.
 2779         (13)(14) The seller under a retail installment contract may
 2780  collect a $10 processing fee for each retail installment
 2781  contract that is approved and activated. Such processing fee is
 2782  shall not be considered interest or finance charges pursuant to
 2783  chapter 687.
 2784         Section 67. Section 520.39, Florida Statutes, is amended to
 2785  read:
 2786         520.39 Penalties.—
 2787         (1) Any person who willfully and intentionally violates any
 2788  provision of s. 520.995 or engages in the business of a retail
 2789  seller engaging in retail installment transactions without
 2790  obtaining a license as required by this part is guilty of a
 2791  misdemeanor of the first degree, punishable as provided in s.
 2792  775.082 or s. 775.083.
 2793         (2) In the case of a willful violation of this part with
 2794  respect to any retail installment transaction, A the buyer may
 2795  bring an action against a person who violates this part with
 2796  respect to a retail installment transaction recover from the
 2797  person committing such violation, or may set off or counterclaim
 2798  in any action against the buyer by such person, an amount equal
 2799  to any finance charge and any fees charged to the buyer by
 2800  reason of delinquency, plus attorney attorney’s fees and costs
 2801  incurred by the buyer to assert rights under this part.
 2802         Section 68. Section 520.41, Florida Statutes, is repealed.
 2803         Section 69. Section 520.52, Florida Statutes, is repealed.
 2804         Section 70. Section 520.57, Florida Statutes, is amended to
 2805  read:
 2806         520.57 Penalties.—
 2807         (1) Any person who willfully and intentionally violates any
 2808  provision of s. 520.995 or engages in the business of a sales
 2809  finance company without obtaining a license is guilty of a
 2810  misdemeanor of the first degree, punishable as provided in s.
 2811  775.082 or s. 775.083.
 2812         (2) In the case of a willful violation of this part with
 2813  respect to a retail installment transaction, A the buyer may
 2814  bring an action against a person who violates this part with
 2815  respect to a retail installment transaction recover from the
 2816  person committing such violation, or may set off or counterclaim
 2817  in any action against the buyer by such person, an amount equal
 2818  to any finance charge and any fees charged to the buyer by
 2819  reason of delinquency, plus attorney attorney’s fees and costs
 2820  incurred by the buyer to assert rights under this part.
 2821         Section 71. Section 520.61, Florida Statutes, is amended to
 2822  read:
 2823         520.61 Definitions.—As used in this part, the term act:
 2824         (1) “Banking institution” means any bank, bank and trust
 2825  company, trust company, or any national banking association
 2826  organized and doing business under the provisions of any state
 2827  or of the United States.
 2828         (2) “Branch” means any location, other than a licensee’s
 2829  principal place of business, at which a licensee operates or
 2830  conducts business under this act or which a licensee owns or
 2831  controls for the purpose of conducting business under this act.
 2832         (2)(3) “Business day” means all calendar days except
 2833  Sundays and the following legal public holidays: New Year’s Day,
 2834  January 1; Birthday of Dr. Martin Luther King, Jr., January 15;
 2835  Washington’s Birthday, the third Monday in February; Memorial
 2836  Day, the last Monday in May; Independence Day, July 4; Labor
 2837  Day, the first Monday in September; Columbus Day, the second
 2838  Monday in October; Veterans’ Day, November 11; Thanksgiving Day,
 2839  the fourth Thursday in November; and Christmas Day, December 25.
 2840         (3)(4) “Cash price” means the price at which a home
 2841  improvement finance seller, in the ordinary course of business,
 2842  offers to sell for cash the property or service that is the
 2843  subject of the transaction. At the seller’s option, the term
 2844  “cash price” may include the price of accessories, services
 2845  related to the sale, service contracts, and taxes. The term
 2846  “cash price” does not include any finance charge.
 2847         (5) “Commission” means the Financial Services Commission.
 2848         (6) “Control person” means an individual, partnership,
 2849  corporation, trust, or other organization that possesses the
 2850  power, directly or indirectly, to direct the management or
 2851  policies of a company, whether through ownership of securities,
 2852  by contract, or otherwise. A person is presumed to control a
 2853  company if, with respect to a particular company, that person:
 2854         (a) Is a director, general partner, or officer exercising
 2855  executive responsibility or having similar status or functions;
 2856         (b) Directly or indirectly may vote 10 percent or more of a
 2857  class of a voting security or sell or direct the sale of 10
 2858  percent or more of a class of voting securities; or
 2859         (c) In the case of a partnership, may receive upon
 2860  dissolution or has contributed 10 percent or more of the
 2861  capital.
 2862         (4)(7) “Debt consolidation” means any money advanced to an
 2863  owner or the owner’s assignee in any connection with a home
 2864  improvement contract.
 2865         (5)(8) “Down payment” means the amount paid in money and
 2866  goods to the home improvement finance seller and allowances
 2867  given by the home improvement finance seller to the buyer
 2868  pursuant to a home improvement contract.
 2869         (6)(9) “Finance charge” means the cost of consumer credit
 2870  as a dollar amount. The term “finance charge” includes any
 2871  charge payable directly or indirectly by the buyer and imposed
 2872  directly or indirectly by the seller as an incident to or a
 2873  condition of the extension of credit. The term “finance charge”
 2874  does not include any charge of a type payable in a comparable
 2875  cash transaction.
 2876         (7)(10) “Goods” means all personal chattels that which are
 2877  furnished or used in home improvement.
 2878         (8)(11) “Holder” of a home improvement contract or related
 2879  instrument means the home improvement finance seller or assignee
 2880  of the holder thereof.
 2881         (9)(12) “Home improvement” means repair, replacement,
 2882  remodeling, alteration, conversion, modernization, or
 2883  improvement of, or addition to, any land or building that which
 2884  is to be used as a single-family residence or dwelling place if
 2885  when such construction is done pursuant to a home improvement
 2886  contract and a security interest in the real property is
 2887  retained. The term “Home improvement” does not include:
 2888         (a) The construction of a new home building or work done by
 2889  a contractor or seller in compliance with a guarantee of
 2890  completion of a new building project; or
 2891         (b) The sale of goods or materials by a seller who does not
 2892  arrange neither arranges to perform or who does not perform nor
 2893  performs directly or indirectly any work or labor in connection
 2894  with the installation of or application of the goods or
 2895  materials.
 2896         (10)(13) “Home improvement contract” or “contract” means a
 2897  written agreement contained in one or more documents between a
 2898  home improvement finance seller and an owner for the performance
 2899  of a home improvement and includes all labor, materials, and
 2900  services to be furnished if when all or part of the contract
 2901  price is to be paid in installments over a period of time
 2902  greater than 90 days.
 2903         (11)(14) “Home improvement finance seller” or “seller”
 2904  means any person other than a bona fide employee of the owner
 2905  who directly or indirectly enters into two or more home
 2906  improvement contracts, each of which was for consideration of
 2907  $500 or more, in any calendar year.
 2908         (12)(15) “Home improvement sale” or “sale” means the sale
 2909  of goods and furnishing of services or the furnishing of
 2910  services by a home improvement finance seller to an owner
 2911  pursuant to a home improvement contract.
 2912         (16) “Office” means the Office of Financial Regulation of
 2913  the commission.
 2914         (13)(17) “Official fees” means fees actually paid to the
 2915  appropriate public officer for obtaining any permit; filing,
 2916  recording, or releasing any judgment, mortgage, or other lien;
 2917  or perfecting any security in connection with a home improvement
 2918  contract.
 2919         (14)(18) “Owner,” “retail buyer,” or “buyer” means any
 2920  homeowner, tenant, or any other person who orders, contracts
 2921  for, or purchases the services of a home improvement finance
 2922  seller or the person entitled to the performance of the work of
 2923  a home improvement finance seller pursuant to a home improvement
 2924  contract.
 2925         (15)(19) “Person” means an individual, partnership,
 2926  association, business, corporation, banking institution,
 2927  nonprofit corporation, common-law trust, joint stock company, or
 2928  any other group of individuals, however organized.
 2929         (16)(20) “Principal place of business” means the physical
 2930  location designated on the licensee’s application for licensure,
 2931  unless otherwise designated as required by this chapter.
 2932         (17)(21) “Retail installment transaction,” “home
 2933  improvement finance transaction,” or “transaction” means a
 2934  contract to sell or furnish or the sale of or the furnishing of
 2935  goods or services by a home improvement finance seller to an
 2936  owner.
 2937         (18)(22) “Sales finance company” means any person who
 2938  directly or indirectly purchases, acquires, solicits, or
 2939  arranges for the acquisition of home improvement contracts or
 2940  connected obligations by purchase, discount, pledge, or
 2941  otherwise.
 2942         (19)(23) “Services” means labor furnished for home
 2943  improvement.
 2944         Section 72. Section 520.63, Florida Statutes, is repealed.
 2945         Section 73. Section 520.68, Florida Statutes, is repealed.
 2946         Section 74. Section 520.69, Florida Statutes, is repealed.
 2947         Section 75. Section 520.76, Florida Statutes, is amended to
 2948  read:
 2949         520.76 Insurance provisions, procurement, rates.—
 2950         (1) The premium paid for any group credit life or other
 2951  insurance shall be included in the home improvement contract.
 2952         (2) The home improvement contract shall state which party
 2953  is to procure insurance.
 2954         (3) The amount, if any, included for the such insurance may
 2955  shall not exceed the applicable premiums chargeable in
 2956  accordance with rates filed with the Office of Insurance
 2957  Regulation of the commission. If any such group credit life or
 2958  other insurance is canceled, the refund for unearned insurance
 2959  premiums received or receivable by the holder of the home
 2960  improvement contract or the excess of the amount included in the
 2961  contract for insurance over the premiums paid or payable by the
 2962  holder of the contract together with, in either case, the
 2963  unearned portion of the finance charge or other interest
 2964  applicable thereto shall be credited to the final maturing
 2965  installments of the home improvement contract. However, the no
 2966  such credit need not be made if the amount is would be less than
 2967  $1.
 2968         (4) If the insurance is to be procured by the home
 2969  improvement finance seller or holder, he or she shall, within 30
 2970  days after delivery of the goods and furnishing of the services
 2971  under the home improvement contract, deliver or mail to the
 2972  owner at his or her address as specified in the contract a copy
 2973  of the policy or policies of insurance or a certificate or
 2974  certificates of the insurance procured.
 2975         Section 76. Section 520.81, Florida Statutes, is amended to
 2976  read:
 2977         520.81 Completion certificate.—
 2978         (1) Upon completion of the home improvement for which the
 2979  owner and the home improvement finance seller contracted, the
 2980  seller shall prepare a certificate that which shall be signed by
 2981  both parties.
 2982         (2) The form of the certificate shall be prescribed by the
 2983  commission.
 2984         Section 77. Section 520.98, Florida Statutes, is amended to
 2985  read:
 2986         520.98 Penalties.—
 2987         (1) Any person who willfully and intentionally violates any
 2988  provision of s. 520.995 or engages in the business of a home
 2989  improvement finance seller or a sales finance company without
 2990  obtaining a license as required by this act is guilty of a
 2991  misdemeanor of the first degree, punishable as provided in s.
 2992  775.082 or s. 775.083.
 2993         (2) In the case of a willful violation of this act with
 2994  respect to any home improvement sale or contract, An the owner
 2995  may bring an action against a person who violates this part with
 2996  respect to a home improvement contract recover from the person
 2997  committing such violation, or may set off or counterclaim in any
 2998  action against the owner by such person, an amount equal to any
 2999  finance charge and any fees charged to the owner by reason of
 3000  delinquency, plus attorney attorney’s fees and costs incurred by
 3001  the owner to assert rights under this part.
 3002         Section 78. Part V of chapter 520, Florida Statutes,
 3003  consisting of ss. 520.993, 520.994, 520.995, 520.996, 520.9965,
 3004  520.997, 520.998, and 520.999, Florida Statutes, is repealed.
 3005         Section 79. All of the powers, duties, functions, records,
 3006  personnel, and property; unexpended balances of appropriations,
 3007  allocations, and other funds; administrative authority;
 3008  administrative rules; pending issues; and existing contracts of
 3009  the Office of Financial Regulation of the Financial Services
 3010  Commission for the administration of chapter 537, Florida
 3011  Statutes, relating to title loans, are transferred by a type two
 3012  transfer, pursuant to s. 20.06(2), Florida Statutes, to the
 3013  Department of Business and Professional Regulation.
 3014         Section 80. Section 537.001, Florida Statutes, is amended
 3015  to read:
 3016         537.001 Short title.—This chapter act may be cited as the
 3017  “Florida Title Loan Act.”
 3018         Section 81. Section 537.002, Florida Statutes, is amended
 3019  to read:
 3020         537.002 Legislative intent.—The Legislature intends that
 3021  title loans to consumers be regulated by this chapter. It is the
 3022  intent of the Legislature in the creation of this chapter that
 3023  title loans to consumers be regulated by the provisions of this
 3024  act. The provisions of This chapter supersedes act supersede any
 3025  other provisions of state law affecting title loans to the
 3026  extent of any conflict.
 3027         Section 82. Section 537.003, Florida Statutes, is amended
 3028  to read:
 3029         537.003 Definitions.—As used in this chapter act, unless
 3030  the context otherwise requires, the term:
 3031         (1) “Commercially reasonable” has the same meaning as used
 3032  in part V of chapter 679. In addition, nonpublic sales or
 3033  disposal of personal property between a title loan lender and
 3034  any business affiliates of a title loan lender or a member of a
 3035  title loan lender’s family is are presumed not to be made in a
 3036  commercially reasonable manner.
 3037         (2) “Commission” means the Financial Services Commission.
 3038         (2)(3) “Consumer” means an individual borrowing money for
 3039  personal, family, or household purposes.
 3040         (3) “Department” means the Department of Business and
 3041  Professional Regulation.
 3042         (4) “Office” means the Office of Financial Regulation of
 3043  the commission.
 3044         (4)(5) “Executive officer” means the president, chief
 3045  executive officer, chief financial officer, chief operating
 3046  officer, executive vice president, senior vice president,
 3047  secretary, and treasurer.
 3048         (5)(6) “Identification” means a government-issued
 3049  photographic identification.
 3050         (6)(7) “Interest” means the cost of obtaining a title loan
 3051  and includes any profit or advantage of any kind which
 3052  whatsoever that a title loan lender may charge, contract for,
 3053  collect, receive, or in any way obtain as a result of a title
 3054  loan.
 3055         (7)(8) “License” means a permit issued under this chapter
 3056  act to make or service title loans in accordance with this
 3057  chapter act at a single title loan office.
 3058         (8)(9) “Licensee” means a person who is licensed as a title
 3059  loan lender.
 3060         (9)(10) “Loan property” means any motor vehicle certificate
 3061  of title that is deposited with a title loan lender as a
 3062  security for a title loan in the course of the title loan
 3063  lender’s business.
 3064         (10)(11) “Motor vehicle” means an automobile, motorcycle,
 3065  mobile home, truck, trailer, semitrailer, truck tractor and
 3066  semitrailer combination, or any other vehicle operated on the
 3067  public highways and streets of this state, used to transport
 3068  persons or property, and propelled by power other than muscular
 3069  power, but excluding a vehicle that which runs only upon a track
 3070  and a mobile home that is the primary residence of the owner.
 3071         (11)(12) “Title loan” or “loan” means a loan of money to a
 3072  consumer secured by bailment of a certificate of title to a
 3073  motor vehicle, except such loan made by a person licensed under
 3074  chapter 516, chapter 520, chapter 655, chapter 657, chapter 658,
 3075  chapter 660, chapter 663, chapter 665, or chapter 667 or a
 3076  person who complies with s. 687.03.
 3077         (12)(13) “Title loan agreement” or “agreement” means a
 3078  written agreement in which a title loan lender agrees to make a
 3079  title loan to a borrower.
 3080         (13)(14) “Title loan lender” or “lender” means any person
 3081  who engages in the business of making or servicing title loans.
 3082         (14)(15) “Title loan office” means the location at which,
 3083  or premises from which, a title loan lender regularly conducts
 3084  business under this chapter or any other location that is held
 3085  out to the public as a location at which a lender makes or
 3086  services title loans.
 3087         (15)(16) “Titled personal property” means a motor vehicle
 3088  that has as evidence of ownership a state-issued certificate of
 3089  title except for a mobile home that is the primary residence of
 3090  the borrower.
 3091         (16)(17) “Ultimate equitable owner” means a person who,
 3092  directly or indirectly, owns or controls an ownership interest
 3093  in a corporation, a foreign corporation, an alien business
 3094  organization, or any other form of business organization,
 3095  regardless of whether such person owns or controls such
 3096  ownership interest through one or more persons or one or more
 3097  proxies, powers of attorney, nominees, corporations,
 3098  associations, partnerships, trusts, joint stock companies, or
 3099  other entities or devices, or any combination thereof.
 3100         Section 83. Subsections (1), (3), (5), (6), (8), (9), and
 3101  (10) of section 537.004, Florida Statutes, are amended to read:
 3102         537.004 License required; license fees.—
 3103         (1) A person may not act as a title loan lender or own or
 3104  operate a title loan office unless such person has an active
 3105  title loan lender license issued by the department office under
 3106  this chapter act. A title loan lender may not own or operate
 3107  more than one title loan office unless the lender obtains a
 3108  separate title loan lender license for each title loan office.
 3109         (3) If the department office determines that an application
 3110  should be approved, the department office shall issue a license
 3111  for a period not to exceed 2 years.
 3112         (5) Each license must be conspicuously displayed at the
 3113  title loan office. When a licensee wishes to move a title loan
 3114  office to another location, the licensee shall provide prior
 3115  written notice to the department office.
 3116         (6) A license issued pursuant to this chapter act is not
 3117  transferable or assignable.
 3118         (8) Whenever a person or a group of persons, directly or
 3119  indirectly or acting by or through one or more persons, proposes
 3120  to purchase or acquire a 50 percent or more interest in a
 3121  licensee, such person or group shall submit an initial
 3122  application for licensure under this chapter before act prior to
 3123  such purchase or acquisition.
 3124         (9) The department commission may adopt rules to allow for
 3125  electronic filing of applications, fees, and forms required by
 3126  this chapter act.
 3127         (10) All moneys collected by the office under this act
 3128  shall be deposited into the Regulatory Trust Fund of the office.
 3129         Section 84. Section 537.005, Florida Statutes, is amended
 3130  to read:
 3131         537.005 Application for license.—
 3132         (1) A verified application for licensure under this chapter
 3133  act, in the form prescribed by department commission rule,
 3134  shall:
 3135         (a) Contain the name and the residence and business address
 3136  of the applicant. If the applicant is other than a natural
 3137  person, the application shall contain the name and the residence
 3138  and business address of each ultimate equitable owner of 10
 3139  percent or more of such entity and each director, general
 3140  partner, and executive officer of such entity.
 3141         (b) State whether any individual identified in paragraph
 3142  (a) has, within the last 10 years, pleaded nolo contendere to,
 3143  or has been convicted or found guilty of, a felony, regardless
 3144  of whether adjudication was withheld.
 3145         (c) Identify the county and municipality with the street
 3146  and number or location where the business is to be conducted.
 3147         (d) Contain additional information as the department
 3148  commission determines by rule to be necessary to ensure
 3149  compliance with this chapter act.
 3150         (2) Notwithstanding subsection (1), the application need
 3151  not state the full name and address of each officer, director,
 3152  and shareholder if the applicant is owned directly or
 3153  beneficially by a person who as an issuer has a class of
 3154  securities registered pursuant to s. 12 of the Securities
 3155  Exchange Act of 1934 or, pursuant to s. 13 or s. 15(d) of such
 3156  act, is an issuer of securities which is required to file
 3157  reports with the Securities and Exchange Commission, if the
 3158  person files with the department office any information,
 3159  documents, and reports required by such act to be filed with the
 3160  Securities and Exchange Commission.
 3161         (3) An applicant for licensure shall file with the
 3162  department office a bond, in the amount of $100,000 for each
 3163  license, with a surety company qualified to do business in this
 3164  state. However, in no event shall the aggregate amount of the
 3165  bond required for a single title loan lender may not exceed $1
 3166  million. In lieu of the bond, the applicant may establish a
 3167  certificate of deposit or an irrevocable letter of credit in a
 3168  financial institution, as defined in s. 655.005, in the amount
 3169  of the bond. The original bond, certificate of deposit, or
 3170  letter of credit shall be filed with the department office, and
 3171  the department office shall be the beneficiary to that document.
 3172  The bond, certificate of deposit, or letter of credit shall be
 3173  in favor of the department office for the use and benefit of any
 3174  consumer who is injured pursuant to a title loan transaction by
 3175  the fraud, misrepresentation, breach of contract, financial
 3176  failure, or violation of any provision of this chapter act by
 3177  the title loan lender. Such liability may be enforced either by
 3178  proceeding in an administrative action or by filing a judicial
 3179  suit at law in a court of competent jurisdiction. However, in
 3180  such court suit, the bond, certificate of deposit, or letter of
 3181  credit posted with the department is office shall not be
 3182  amenable or subject to any judgment or other legal process
 3183  issuing out of or from such court in connection with such
 3184  lawsuit, but such bond, certificate of deposit, or letter of
 3185  credit is shall be amenable to and enforceable only by and
 3186  through administrative proceedings before the department office.
 3187  It is the intent of The Legislature intends that such bond,
 3188  certificate of deposit, or letter of credit shall be applicable
 3189  and liable only for the payment of claims duly adjudicated by
 3190  order of the department office. The bond, certificate of
 3191  deposit, or letter of credit is shall be payable on a pro rata
 3192  basis as determined by the department office, but the aggregate
 3193  amount may not exceed the amount of the bond, certificate of
 3194  deposit, or letter of credit.
 3195         (4) The department office shall approve an application and
 3196  issue a license if the department office determines that the
 3197  applicant satisfies the requirements of this chapter act.
 3198         Section 85. Section 537.006, Florida Statutes, is amended
 3199  to read:
 3200         537.006 Denial, suspension, or revocation of license.—
 3201         (1) The following acts are violations of this chapter act
 3202  and constitute grounds for the disciplinary actions specified in
 3203  subsection (2):
 3204         (a) Failure to comply with any provision of this chapter
 3205  act, any rule or order adopted pursuant to this chapter act, or
 3206  any written agreement entered into with the department office.
 3207         (b) Fraud, misrepresentation, deceit, or gross negligence
 3208  in any title loan transaction, regardless of reliance by or
 3209  damage to the borrower.
 3210         (c) Fraudulent misrepresentation, circumvention, or
 3211  concealment of any matter required to be stated or furnished to
 3212  a borrower pursuant to this chapter act, regardless of reliance
 3213  by or damage to the borrower.
 3214         (d) Imposition of illegal or excessive charges in any title
 3215  loan transaction.
 3216         (e) False, deceptive, or misleading advertising by a title
 3217  loan lender.
 3218         (f) Failure to maintain, preserve, and keep available for
 3219  examination all books, accounts, or other documents required by
 3220  this chapter act, by any rule or order adopted pursuant to this
 3221  chapter act, or by any agreement entered into with the
 3222  department office.
 3223         (g) Aiding, abetting, or conspiring by a title loan lender
 3224  with a person to circumvent or violate any of the requirements
 3225  of this chapter act.
 3226         (h) Refusal to provide information upon request of the
 3227  department office, to permit inspection of books and records in
 3228  an investigation or examination by the department office, or to
 3229  comply with a subpoena issued by the department office.
 3230         (i) Pleading nolo contendere to or having been convicted or
 3231  found guilty, regardless of whether adjudication was withheld,
 3232  of a crime involving fraud, dishonest dealing, or any act of
 3233  moral turpitude or acting as an ultimate equitable owner of 10
 3234  percent or more of a licensee who has pled nolo contendere to or
 3235  has been convicted or found guilty, regardless of whether
 3236  adjudication was withheld, of a crime involving fraud, dishonest
 3237  dealing, or any act of moral turpitude.
 3238         (j) Making or having made material misstatement of fact in
 3239  an initial or renewal application for a license.
 3240         (k) Having been the subject of any decision, finding,
 3241  injunction, suspension, prohibition, revocation, denial,
 3242  judgment, or administrative order by any court of competent
 3243  jurisdiction or administrative law judge, or by any state or
 3244  federal agency, involving a violation of any federal or state
 3245  law relating to title loans or any rule or regulation adopted
 3246  under such law, or has been the subject of any injunction or
 3247  adverse administrative order by a state or federal agency
 3248  regulating banking, insurance, finance or small loan companies,
 3249  real estate, mortgage brokers, or other related or similar
 3250  industries for acts involving fraud, dishonest dealing, or any
 3251  act of moral turpitude.
 3252         (l) Failing to continuously maintain the bond, certificate
 3253  of deposit, or letter of credit required by s. 537.005(3).
 3254         (m) Failing to timely pay any fee, charge, or fine imposed
 3255  or assessed pursuant to this chapter act or rules adopted under
 3256  this chapter act.
 3257         (n) Having a license or registration, or the equivalent, to
 3258  practice any profession or occupation denied, suspended,
 3259  revoked, or otherwise acted against by a licensing authority in
 3260  any jurisdiction for fraud, dishonest dealing, or any act of
 3261  moral turpitude.
 3262         (o) Having demonstrated unworthiness, as defined by
 3263  department commission rule, to transact the business of a title
 3264  loan lender.
 3265         (2) Upon a finding by the department office that any person
 3266  has committed any of the acts set forth in subsection (1), the
 3267  department office may enter an order taking one or more of the
 3268  following actions:
 3269         (a) Denying an application for licensure under this chapter
 3270  act.
 3271         (b) Revoking or suspending a license previously granted
 3272  pursuant to this chapter act.
 3273         (c) Placing a licensee or an applicant for a license on
 3274  probation for a period of time and subject to such conditions as
 3275  the department office specifies.
 3276         (d) Issuing a reprimand.
 3277         (e) Imposing an administrative fine not to exceed $5,000
 3278  for each separate act or violation.
 3279         (3) If a person seeking licensure is anything other than a
 3280  natural person, the eligibility requirements of this section
 3281  apply to each direct or ultimate equitable owner of 10 percent
 3282  or more of the outstanding equity interest of such entity and to
 3283  each director, general partner, and executive officer.
 3284         (4) It is sufficient cause for the department office to
 3285  take any of the actions specified in subsection (2), as to any
 3286  entity other than a natural person, if the department office
 3287  finds grounds for such action as to any member of such entity,
 3288  as to any executive officer or director of the entity, or as to
 3289  any person with power to direct the management or policies of
 3290  the entity.
 3291         (5) Each licensee is subject to the provisions of
 3292  subsection (2) for the acts of employees and agents of the
 3293  licensee if the licensee knew or should have known about such
 3294  acts.
 3295         (6) Licensure under this chapter act may be denied or any
 3296  license issued under this chapter act may be suspended or
 3297  restricted if an applicant or licensee is charged, in a pending
 3298  enforcement action or pending criminal prosecution, with any
 3299  conduct that would authorize denial or revocation under this
 3300  section.
 3301         Section 86. Section 537.008, Florida Statutes, is amended
 3302  to read:
 3303         537.008 Title loan agreement.—
 3304         (1) At the time a title loan lender makes a title loan, the
 3305  lender and the borrower shall execute a title loan agreement,
 3306  which shall be legibly typed or written in indelible ink and
 3307  completed as to all essential provisions before prior to
 3308  execution by the borrower and lender. The title loan agreement
 3309  must shall include the following information:
 3310         (a) The make, model, and year of the titled personal
 3311  property to which the loan property relates.
 3312         (b) The vehicle identification number, or other comparable
 3313  identification number, along with the license plate number, if
 3314  applicable, of the titled personal property to which the loan
 3315  property relates.
 3316         (c) The name, residential address, date of birth, physical
 3317  description, and social security number of the borrower.
 3318         (d) The date the title loan agreement is executed by the
 3319  title loan lender and the borrower.
 3320         (e) The identification number and the type of
 3321  identification, including the issuing agency, accepted from the
 3322  borrower.
 3323         (f) The amount of money advanced, designated as the “amount
 3324  financed.”
 3325         (g) The maturity date of the title loan agreement, which
 3326  shall be 30 days after the date the title loan agreement is
 3327  executed by the title loan lender and the borrower.
 3328         (h) The total title loan interest payable on the maturity
 3329  date, designated as the “finance charge.”
 3330         (i) The amount financed plus finance charge, which must be
 3331  paid to reclaim the loan property on the maturity date,
 3332  designated as the “total amount of all payments.”
 3333         (j) The interest rate, computed in accordance with the
 3334  regulations adopted by the Federal Reserve Board pursuant to the
 3335  federal Truth in Lending Act, designated as the “annual
 3336  percentage rate.”
 3337         (2) The following information must shall also be printed on
 3338  all title loan agreements:
 3339         (a) The name and physical address of the title loan office.
 3340         (b) The name and address of the department of Financial
 3341  Services as well as a telephone number to which consumers may
 3342  address complaints.
 3343         (c) The following statement in not less than 12-point type
 3344  that:
 3345         1. If the borrower fails to repay the full amount of the
 3346  title loan on or before the end of the maturity date or any
 3347  extension of the maturity date and fails to make a payment on
 3348  the title loan within 30 days after the end of the maturity date
 3349  or any extension of the maturity date, whichever is later, the
 3350  title loan lender may take possession of the borrower’s motor
 3351  vehicle and sell the vehicle in the manner provided by law. If
 3352  the vehicle is sold, the borrower is entitled to any proceeds of
 3353  the sale in excess of the amount owed on the title loan and the
 3354  reasonable expenses of repossession and sale.
 3355         2. If the title loan agreement is lost, destroyed, or
 3356  stolen, the borrower should immediately so advise the issuing
 3357  title loan lender in writing.
 3358         (d) The statement that “The borrower represents and
 3359  warrants that the titled personal property to which the loan
 3360  property relates is not stolen and has no liens or encumbrances
 3361  against it, the borrower has the right to enter into this
 3362  transaction, and the borrower will not apply for a duplicate
 3363  certificate of title while the title loan agreement is in
 3364  effect.”
 3365         (e) A blank line for the signature of the borrower and the
 3366  title loan lender or the lender’s agent.
 3367  
 3368  All owners of the titled personal property must sign the title
 3369  loan agreement.
 3370         (3) At the time of the transaction, the title loan lender
 3371  shall deliver to the borrower an exact copy of the executed
 3372  title loan agreement.
 3373         (4) Upon execution of a title loan agreement, the title
 3374  loan lender may take possession of the loan property and retain
 3375  possession of such property until such property is redeemed. The
 3376  borrower has shall have the exclusive right to redeem the loan
 3377  property by repaying all amounts legally due under the
 3378  agreement. When the loan property is redeemed, the lender shall
 3379  immediately return the loan property and commence action to
 3380  release any security interest in the titled personal property.
 3381  During the term of the agreement or any extension of the
 3382  agreement, a title loan lender may retain physical possession of
 3383  the loan property only. A title loan lender may shall not
 3384  require a borrower to provide any additional security or
 3385  guaranty as a condition to entering into a title loan
 3386  transaction.
 3387         Section 87. Section 537.009, Florida Statutes, is amended
 3388  to read:
 3389         537.009 Recordkeeping; reporting; safekeeping of property.—
 3390         (1) Every title loan lender shall maintain, at the lender’s
 3391  title loan office, such books, accounts, and records of the
 3392  business conducted under the license issued for such place of
 3393  business as will enable the department office to determine the
 3394  licensee’s compliance with this chapter act.
 3395         (2) The department office may authorize the maintenance of
 3396  books, accounts, and records at a location other than the
 3397  lender’s title loan office. The department office may require
 3398  books, accounts, and records to be produced and available at a
 3399  reasonable and convenient location in this state within a
 3400  reasonable period of time after such a request.
 3401         (3) The title loan lender shall maintain the original copy
 3402  of each completed title loan agreement on the title loan office
 3403  premises, and may shall not obliterate, discard, or destroy any
 3404  such original copy, for a period of at least 2 years after
 3405  making the final entry on any loan recorded in such office or
 3406  after an examination by the department Office of Financial
 3407  Regulation, whichever is later.
 3408         (4) Loan property that which is delivered to a title loan
 3409  lender shall be securely stored and maintained at the title loan
 3410  office unless the loan property has been forwarded to the
 3411  appropriate state agency for the purpose of having a lien
 3412  recorded or deleted.
 3413         (5) The department commission may prescribe by rule the
 3414  books, accounts, documents, and records, and the minimum
 3415  information to be shown in the books, accounts, documents, and
 3416  records, of licensees so that such records will enable the
 3417  department office to determine compliance with the provisions of
 3418  this chapter act. In addition, the department commission may
 3419  prescribe by rule requirements for the destruction of books,
 3420  accounts, records, and documents retained by the licensee after
 3421  completion of the time period specified in subsection (3).
 3422         Section 88. Subsections (2) through (5) of section 537.011,
 3423  Florida Statutes, are amended to read:
 3424         537.011 Title loan charges.—
 3425         (2) The annual percentage rate that may be charged for a
 3426  title loan may equal, but not exceed, the annual percentage rate
 3427  that must be computed and disclosed as required by the federal
 3428  Truth in Lending Act and Regulation Z of the Board of Governors
 3429  of the Federal Reserve System. The maximum annual percentage
 3430  rate of interest that may be charged is 12 times the maximum
 3431  monthly rate, and the maximum monthly rate must be computed on
 3432  the basis of one-twelfth of the annual rate for each full month.
 3433  The maximum daily rate of finance charge is one-thirtieth of the
 3434  maximum monthly rate The commission shall establish by rule the
 3435  rate for each day in a fraction of a month when the period for
 3436  which the charge is computed is more or less than 1 month.
 3437         (3) A title loan agreement may be extended for one or more
 3438  30-day periods by mutual consent of the title loan lender and
 3439  the borrower. Each extension of a title loan agreement shall be
 3440  executed in a separate extension agreement, each of which shall
 3441  comply with the requirements for executing a title loan
 3442  agreement as provided in this chapter act. The interest rate
 3443  charged in any title loan extension agreement may shall not
 3444  exceed the interest rate charged in the related title loan
 3445  agreement. A title loan lender may not capitalize in any title
 3446  loan extension agreement any unpaid interest due on the related
 3447  title loan agreement or any subsequent extensions to that title
 3448  loan agreement.
 3449         (4) Any interest contracted for or received, directly or
 3450  indirectly, by a title loan lender, or an agent of the title
 3451  loan lender, in excess of the amounts authorized under this
 3452  chapter is prohibited and may not be collected by the title loan
 3453  lender or an agent of the title loan lender.
 3454         (a) If such excess interest resulted from a bona fide error
 3455  by the title loan lender, or an agent of the title loan lender,
 3456  the title loan agreement shall be voidable and the lender shall
 3457  refund the excess interest to the borrower within 20 days after
 3458  discovery by the lender or borrower of the bona fide error,
 3459  whichever occurs first.
 3460         (b) If such excess interest resulted from an act by the
 3461  title loan lender, or an agent of the title loan lender, to
 3462  circumvent the maximum title loan interest allowed by this
 3463  chapter act, the title loan agreement is void. The lender shall
 3464  refund to the borrower any interest paid on the title loan and
 3465  return to the borrower the loan property. The title loan lender
 3466  forfeits the lender’s right to collect any principal owed by the
 3467  borrower on the title loan.
 3468         (c) The department office may order a title loan lender, or
 3469  an agent of the title loan lender, to comply with the provisions
 3470  of paragraphs (a) and (b).
 3471         (5) Any interest contracted for or received, directly or
 3472  indirectly, by a title loan lender, or an agent of the title
 3473  loan lender, in excess of the amount allowed by this chapter act
 3474  constitutes a violation of chapter 687, governing interest and
 3475  usury, and the penalties of that chapter apply.
 3476         Section 89. Subsection (3) of section 537.012, Florida
 3477  Statutes, is amended to read:
 3478         537.012 Repossession, disposal of pledged property; excess
 3479  proceeds.—
 3480         (3) Upon taking possession of titled personal property, the
 3481  lender may dispose of the titled personal property by sale but
 3482  may do so only through a motor vehicle dealer licensed under s.
 3483  320.27. At least 10 days before the prior to sale, the lender
 3484  shall notify the borrower of the date, time, and place of the
 3485  sale and provide the borrower with a written accounting of the
 3486  principal amount due on the title loan, interest accrued through
 3487  the date the lender takes possession of the titled personal
 3488  property, and any reasonable expenses incurred to date by the
 3489  lender in taking possession of, preparing for sale, and selling
 3490  the titled personal property. At any time before prior to such
 3491  sale, the lender shall permit the borrower to redeem the titled
 3492  personal property by tendering a money order or certified check
 3493  for the principal amount of the title loan, interest accrued
 3494  through the date the lender takes possession, and any reasonable
 3495  expenses incurred to date by the lender in taking possession of,
 3496  preparing for sale, and selling the titled personal property.
 3497  This chapter does not and a Nothing in this act nor in any title
 3498  loan agreement may not shall preclude a borrower from purchasing
 3499  the titled personal property at any sale.
 3500         Section 90. Section 537.013, Florida Statutes, is amended
 3501  to read:
 3502         537.013 Prohibited acts.—
 3503         (1) A title loan lender, or any agent or employee of a
 3504  title loan lender, may shall not:
 3505         (a) Falsify or fail to make an entry of any material matter
 3506  in a title loan agreement or any extension of such agreement.
 3507         (b) Refuse to allow the department office to inspect
 3508  completed title loan agreements, extensions of such agreements,
 3509  or loan property during the ordinary operating hours of the
 3510  title loan lender’s business or other times acceptable to both
 3511  parties.
 3512         (c) Enter into a title loan agreement with a person under
 3513  the age of 18 years.
 3514         (d) Make any agreement requiring or allowing for the
 3515  personal liability of a borrower or the waiver of any of the
 3516  provisions of this chapter act.
 3517         (e) Knowingly enter into a title loan agreement with any
 3518  person who is under the influence of drugs or alcohol when such
 3519  condition is visible or apparent, or with any person using a
 3520  name other than such person’s own name or the registered name of
 3521  the person’s business.
 3522         (f) Fail to exercise reasonable care, as defined by
 3523  department commission rule, in the safekeeping of loan property
 3524  or of titled personal property repossessed pursuant to this
 3525  chapter act.
 3526         (g) Fail to return loan property or repossessed titled
 3527  personal property to a borrower, with any and all of the title
 3528  loan lender’s liens on the property properly released, upon
 3529  payment of the full amount due the title loan lender, unless the
 3530  property has been seized or impounded by an authorized law
 3531  enforcement agency, taken into custody by a court, or otherwise
 3532  disposed of by court order.
 3533         (h) Sell or otherwise charge for any type of insurance in
 3534  connection with a title loan agreement.
 3535         (i) Charge or receive any finance charge, interest, or fees
 3536  that which are not authorized pursuant to this chapter act.
 3537         (j) Act as a title loan lender without an active license
 3538  issued under this chapter act.
 3539         (k) Refuse to accept partial payments toward satisfying any
 3540  obligation owed under a title loan agreement or extension of
 3541  such agreement.
 3542         (l) Charge a prepayment penalty.
 3543         (m) Engage in the business of selling new or used motor
 3544  vehicles, or parts for motor vehicles.
 3545         (n) Act as a title loan lender under this chapter act
 3546  within a place of business in which the licensee solicits or
 3547  engages in business outside the scope of this chapter act if the
 3548  department office determines that the licensee’s operation of
 3549  and conduct pertaining to such other business results in an
 3550  evasion of this chapter act. Upon making such a determination,
 3551  the department office shall order the licensee to cease and
 3552  desist from such evasion. A; provided, no licensee may not shall
 3553  engage in the pawnbroker business.
 3554         (2) Title loan companies may not advertise using the words
 3555  “interest free loans” or “no finance charges.”
 3556         Section 91. Section 537.015, Florida Statutes, is amended
 3557  to read:
 3558         537.015 Criminal penalties.—
 3559         (1) Any person who acts as a title loan lender without
 3560  first securing the license prescribed by this chapter act
 3561  commits a felony of the third degree, punishable as provided in
 3562  s. 775.082, s. 775.083, or s. 775.084.
 3563         (2) In addition to any other applicable penalty, any person
 3564  who willfully violates any provision of this chapter act or who
 3565  willfully makes a false entry in any record specifically
 3566  required by this chapter act commits a misdemeanor of the first
 3567  degree, punishable as provided in s. 775.082 or s. 775.083.
 3568         Section 92. Section 537.016, Florida Statutes, is amended
 3569  to read:
 3570         537.016 Subpoenas; enforcement actions; rules.—
 3571         (1) The department office may issue and serve subpoenas to
 3572  compel the attendance of witnesses and the production of
 3573  documents, papers, books, records, and other evidence before the
 3574  department office in any matter pertaining to this chapter act.
 3575  The department office may administer oaths and affirmations to
 3576  any person whose testimony is required. If any person refuses to
 3577  testify, to; produce books, records, and documents,; or to
 3578  otherwise refuses to obey a subpoena issued under this section,
 3579  the department office may enforce the subpoena in the same
 3580  manner as subpoenas issued under the Administrative Procedure
 3581  Act are enforced. Witnesses are entitled to the same fees and
 3582  mileage as they are entitled to by law for attending as
 3583  witnesses in the circuit court, unless such examination or
 3584  investigation is held at the place of business or residence of
 3585  the witness.
 3586         (2) In addition to any other powers conferred upon the
 3587  department office to enforce or administer this chapter act, the
 3588  department office may:
 3589         (a) Bring an action in any court of competent jurisdiction
 3590  to enforce or administer this chapter act, any rule or order
 3591  adopted under this chapter act, or any written agreement entered
 3592  into with the department office. In such action, the department
 3593  office may seek any relief at law or equity, including a
 3594  temporary or permanent injunction, appointment of a receiver or
 3595  administrator, or an order of restitution.
 3596         (b) Issue and serve upon a person an order requiring the
 3597  such person to cease and desist and take corrective action
 3598  whenever the department office finds that the such person is
 3599  violating, has violated, or is about to violate any provision of
 3600  this chapter act, any rule or order adopted under this chapter
 3601  act, or any written agreement entered into with the department
 3602  office.
 3603         (c) Whenever the department office finds that conduct
 3604  described in paragraph (b) presents an immediate danger to the
 3605  public health, safety, or welfare requiring an immediate final
 3606  order, the department office may issue an emergency cease and
 3607  desist order reciting with particularity the facts underlying
 3608  such findings. The emergency cease and desist order is effective
 3609  immediately upon service of a copy of the order on the
 3610  respondent named in the order and remains shall remain effective
 3611  for 90 days. If the department office begins nonemergency
 3612  proceedings under paragraph (b), the emergency cease and desist
 3613  order remains effective until the conclusion of the proceedings
 3614  under ss. 120.569 and 120.57.
 3615         (3) The department commission may adopt rules to administer
 3616  this chapter act.
 3617         Section 93. Section 537.017, Florida Statutes, is amended
 3618  to read:
 3619         537.017 Investigations and complaints.—
 3620         (1) The department office may make any investigation and
 3621  examination of any licensee or other person the department
 3622  office deems necessary to determine compliance with this chapter
 3623  act. For such purposes, the department office may examine the
 3624  books, accounts, records, and other documents or matters of any
 3625  licensee or other person. The department office may compel the
 3626  production of all relevant books, records, and other documents
 3627  and materials relative to an examination or investigation.
 3628  Examinations may shall not be made more often than once during
 3629  any 12-month period unless the department office has reason to
 3630  believe the licensee is not complying with the provisions of
 3631  this chapter act.
 3632         (2) The department office shall conduct all examinations at
 3633  a convenient location in this state unless the department office
 3634  determines that it is more effective or cost-efficient to
 3635  perform an examination at the licensee’s out-of-state location.
 3636  For an examination performed at the licensee’s out-of-state
 3637  location, the licensee shall pay the travel expense and per diem
 3638  subsistence at the rate provided by law for up to thirty 8-hour
 3639  days per year for each department office examiner who
 3640  participates in the such an examination. However, if the
 3641  examination involves or reveals possible fraudulent conduct by
 3642  the licensee, the licensee shall pay the travel expenses and per
 3643  diem subsistence provided by law, without limitation, for each
 3644  participating examiner.
 3645         (3) Any person having reason to believe that any provision
 3646  of this chapter act has been violated may file with the
 3647  department of Financial Services or the office a written
 3648  complaint setting forth the details of such alleged violation,
 3649  and the department office may investigate the such complaint.
 3650         Section 94. Part V of chapter 559, Florida Statutes,
 3651  consisting of ss. 559.541, 559.542, 559.543, 559.544, 559.545,
 3652  559.546, 559.547, and 559.548, Florida Statutes, are repealed.
 3653  The Division of Statutory Revision is requested to redesignate
 3654  parts VI through XII of chapter 559, Florida Statutes, as parts
 3655  V through XI.
 3656         Section 95. All of the powers, duties, functions, records,
 3657  personnel, and property; unexpended balances of appropriations,
 3658  allocations, and other funds; administrative authority;
 3659  administrative rules; pending issues; and existing contracts of
 3660  the Office of Financial Regulation of the Financial Services
 3661  Commission for the administration of existing part VI of chapter
 3662  559, Florida Statutes, relating to consumer collection
 3663  practices, are transferred by a type two transfer, pursuant to
 3664  s. 20.06(2), Florida Statutes, to the Department of Business and
 3665  Professional Regulation.
 3666         Section 96. Section 559.55, Florida Statutes, is amended to
 3667  read:
 3668         559.55 Definitions.—The following terms shall, unless the
 3669  context otherwise indicates, have the following meanings for the
 3670  purpose of this part:
 3671         (4)(1) “Debt” or “consumer debt” means any obligation or
 3672  alleged obligation of a consumer to pay money arising out of a
 3673  transaction in which the money, property, insurance, or services
 3674  that which are the subject of the transaction are primarily for
 3675  personal, family, or household purposes, whether or not such
 3676  obligation has been reduced to judgment.
 3677         (6)(2) “Debtor” or “consumer” means any natural person
 3678  obligated or allegedly obligated to pay any debt.
 3679         (3) “Creditor” means any person who offers or extends
 3680  credit creating a debt or to whom a debt is owed, but does not
 3681  include any person to the extent that they receive an assignment
 3682  or transfer of a debt in default solely for the purpose of
 3683  facilitating collection of such debt for another.
 3684         (4) “Office” means the Office of Financial Regulation of
 3685  the Financial Services Commission.
 3686         (1)(5) “Communication” means the conveying of information
 3687  regarding a debt directly or indirectly to any person through
 3688  any medium.
 3689         (5)(6) “Debt collector” means any person who uses any
 3690  instrumentality of commerce within this state, whether initiated
 3691  from within or outside this state, in any business the principal
 3692  purpose of which is the collection of debts, or who regularly
 3693  collects or attempts to collect, directly or indirectly, debts
 3694  owed or due or asserted to be owed or due another. The term
 3695  “debt collector” includes any creditor who, in the process of
 3696  collecting her or his own debts, uses any name other than her or
 3697  his own which would indicate that a third person is collecting
 3698  or attempting to collect such debts. The term does not include:
 3699         (a) Any officer or employee of a creditor while, in the
 3700  name of the creditor, collecting debts for such creditor;
 3701         (b) Any person while acting as a debt collector for another
 3702  person, both of whom are related by common ownership or
 3703  affiliated by corporate control, if the person acting as a debt
 3704  collector for persons to whom it is so related or affiliated and
 3705  if the principal business of such persons is not the collection
 3706  of debts;
 3707         (c) Any officer or employee of any federal, state, or local
 3708  governmental body to the extent that collecting or attempting to
 3709  collect any debt is in the performance of her or his official
 3710  duties;
 3711         (d) Any person while serving or attempting to serve legal
 3712  process on any other person in connection with the judicial
 3713  enforcement of any debt;
 3714         (e) Any not-for-profit organization that which, at the
 3715  request of consumers, performs bona fide consumer credit
 3716  counseling and assists consumers in the liquidation of their
 3717  debts by receiving payments from such consumers and distributing
 3718  such amounts to creditors; or
 3719         (f) Any person collecting or attempting to collect any debt
 3720  owed or due or asserted to be owed or due another to the extent
 3721  that such activity is incidental to a bona fide fiduciary
 3722  obligation or a bona fide escrow arrangement; concerns a debt
 3723  that which was originated by such person; concerns a debt that
 3724  which was not in default at the time it was obtained by such
 3725  person; or concerns a debt obtained by such person as a secured
 3726  party in a commercial credit transaction involving the creditor.
 3727         (7) “Department” means the Department of Business and
 3728  Professional Regulation.
 3729         (2)(7) “Consumer collection agency” means any debt
 3730  collector or business entity engaged in the business of
 3731  soliciting consumer debts for collection or of collecting
 3732  consumer debts, which debt collector or business is not
 3733  expressly exempted as set forth in s. 559.553(4).
 3734         (9)(8) “Out-of-state consumer debt collector” means any
 3735  person whose business activities in this state involve both
 3736  collecting or attempting to collect consumer debt from debtors
 3737  located in this state by means of interstate communication
 3738  originating from outside this state and soliciting consumer debt
 3739  accounts for collection from creditors who have a business
 3740  presence in this state. For purposes of this subsection, a
 3741  creditor has a business presence in this state if either the
 3742  creditor or an affiliate or subsidiary of the creditor has an
 3743  office in this state.
 3744         (8)(9) “Federal Fair Debt Collection Practices Act” or
 3745  “Federal Act” means the federal legislation regulating fair debt
 3746  collection practices, as set forth in Pub. L. No. 95-109, as
 3747  amended and published in 15 U.S.C. ss. 1692 et seq.
 3748         Section 97. Subsections (2), (3), and (5) of section
 3749  559.553, Florida Statutes, are amended to read:
 3750         559.553 Registration of consumer collection agencies
 3751  required; exemptions.—
 3752         (2) Each consumer collection agency doing business in this
 3753  state shall register with the department office and renew such
 3754  registration annually as set forth in s. 559.555.
 3755         (3) A prospective registrant shall be entitled to be
 3756  registered when registration information is complete on its face
 3757  and the applicable registration fee has been paid; however, the
 3758  department office may reject a registration submitted by a
 3759  prospective registrant if the registrant or any principal of the
 3760  registrant previously has held any professional license or state
 3761  registration that which was the subject of any suspension or
 3762  revocation that which has not been explained by the prospective
 3763  registrant to the satisfaction of the department office either
 3764  in the registration information submitted initially or upon the
 3765  subsequent written request of the department office. In the
 3766  event that an attempted registration is rejected by the
 3767  department office the prospective registrant shall be informed
 3768  of the basis for rejection.
 3769         (5) Any out-of-state consumer debt collector as defined in
 3770  s. 559.55(9) s. 559.55 (8) who is not exempt from registration
 3771  by application of subsection (4) and who fails to register in
 3772  accordance with this part shall be subject to an enforcement
 3773  action by the state as specified in s. 559.565.
 3774         Section 98. Section 559.555, Florida Statutes, is amended
 3775  to read:
 3776         559.555 Registration of consumer collection agencies;
 3777  procedure.—Any person required to register as a consumer
 3778  collection agency shall furnish to the department office the
 3779  registration fee and information as follows:
 3780         (1) The registrant shall pay to the department office a
 3781  registration fee in the amount of $200. All amounts collected
 3782  shall be deposited by the department office to the credit of the
 3783  Regulatory Trust Fund of the department office.
 3784         (2) Each registrant shall provide to the department office
 3785  the business name or trade name, the current mailing address,
 3786  the current business location that is which constitutes its
 3787  principal place of business, and the full name of each
 3788  individual who is a principal of the registrant. “Principal of a
 3789  registrant” means the registrant’s owners if a partnership or
 3790  sole proprietorship, corporate officers, corporate directors
 3791  other than directors of a not-for-profit corporation organized
 3792  pursuant to chapter 617 and Florida resident agent if a
 3793  corporate registrant. The registration information shall include
 3794  a statement clearly identifying and explaining any occasion on
 3795  which any professional license or state registration held by the
 3796  registrant, by any principal of the registrant, or by any
 3797  business entity in which any principal of the registrant was the
 3798  owner of 10 percent or more of such business, was the subject of
 3799  any suspension or revocation.
 3800         (3) Renewal of registration shall be made between October 1
 3801  and December 31 of each year. There shall be no proration of the
 3802  fee for any registration.
 3803         Section 99. Section 559.5556, Florida Statutes, is amended
 3804  to read:
 3805         559.5556 Maintenance of records.—
 3806         (1) Each registered consumer collection agency shall
 3807  maintain, at the principal place of business designated on the
 3808  registration, all books, accounts, records, and documents
 3809  necessary to determine the registrant’s compliance with this
 3810  part.
 3811         (2) The department office may authorize the maintenance of
 3812  records at a location other than a principal place of business.
 3813  The department office may require books, accounts, and records
 3814  to be produced and available at a reasonable and convenient
 3815  location in this state.
 3816         (3) The department commission may prescribe by rule the
 3817  minimum information to be shown in the books, accounts, records,
 3818  and documents of registrants so that such records enable the
 3819  department office to determine the registrant’s compliance with
 3820  this part.
 3821         (4) All books, accounts, records, documents, and receipts
 3822  of any debt collection transaction must be preserved and kept
 3823  available for inspection by the department office for at least 3
 3824  years after the date the transaction is completed. The
 3825  department commission may prescribe by rule requirements for the
 3826  destruction of books, accounts, records, and documents retained
 3827  by the registrant after the completion of the 3 years.
 3828         Section 100. Section 559.563, Florida Statutes, is amended
 3829  to read:
 3830         559.563 Void registration.—Any registration made under this
 3831  part based upon false identification or false information, or
 3832  identification not current with respect to name, address, and
 3833  business location, or other fact that which is material to such
 3834  registration, shall be void. Any registration made and
 3835  subsequently void under this section may shall not be construed
 3836  as creating any defense in any action by the department office
 3837  to impose any sanction for any violation of this part.
 3838         Section 101. Section 559.565, Florida Statutes, is amended
 3839  to read:
 3840         559.565 Enforcement action against out-of-state consumer
 3841  debt collector.—The remedies of this section are cumulative to
 3842  other sanctions and enforcement provisions of this part for any
 3843  violation by an out-of-state consumer debt collector, as defined
 3844  in s. 559.55(9) s. 559.55 (8).
 3845         (1) An out-of-state consumer debt collector who collects or
 3846  attempts to collect consumer debts in this state without first
 3847  registering in accordance with this part is subject to an
 3848  administrative fine of up to $10,000 together with reasonable
 3849  attorney fees and court costs in any successful action by the
 3850  state to collect such fines.
 3851         (2) Any person, whether or not exempt from registration
 3852  under this part, who violates s. 559.72 is subject to sanctions
 3853  the same as any other consumer debt collector, including
 3854  imposition of an administrative fine. The registration of a duly
 3855  registered out-of-state consumer debt collector is subject to
 3856  revocation or suspension in the same manner as the registration
 3857  of any other registrant under this part.
 3858         (3) In order to effectuate this section and enforce the
 3859  requirements of this part as it relates to out-of-state consumer
 3860  debt collectors, the Attorney General is expressly authorized to
 3861  initiate such action on behalf of the state as he or she deems
 3862  appropriate in any state or federal court of competent
 3863  jurisdiction.
 3864         Section 102. Section 559.725, Florida Statutes, is amended
 3865  to read:
 3866         559.725 Consumer complaints; administrative duties.—
 3867         (1) The department office shall receive and maintain
 3868  records of correspondence and complaints from consumers
 3869  concerning any and all persons who collect debts, including
 3870  consumer collection agencies.
 3871         (2) The department office shall inform and furnish relevant
 3872  information to the appropriate regulatory body of the state or
 3873  the Federal Government, or The Florida Bar in the case of
 3874  attorneys, if a person has been named in a consumer complaint
 3875  pursuant to subsection (3) alleging violations of s. 559.72. The
 3876  Attorney General may take action against any person in violation
 3877  of this part.
 3878         (3) The complainant, subject to penalty of perjury as
 3879  provided in s. 837.06, shall certify on a form approved by the
 3880  department Financial Services Commission a summary of the nature
 3881  of the alleged violation and the facts that allegedly support
 3882  the complaint, and shall submit the form to the department
 3883  office.
 3884         (4) The department office shall investigate complaints and
 3885  record the resolution of such complaints.
 3886         (5) The department office shall advise the appropriate
 3887  state attorney or the Attorney General of any determination by
 3888  the department office of a violation of this part by any
 3889  consumer collection agency that is not registered as required by
 3890  this part. The department office shall furnish the state
 3891  attorney or Attorney General with the department’s office’s
 3892  information concerning the alleged violations of such
 3893  requirements.
 3894         (6) A registered consumer collection agency must provide a
 3895  written response to the department office within 45 days after
 3896  receipt of a written request from the department office for
 3897  information concerning a consumer complaint. The response must
 3898  address the issues and allegations raised in the complaint. The
 3899  department office may impose an administrative fine of up to
 3900  $250 per request per day upon any registrant that fails to
 3901  comply with this subsection.
 3902         Section 103. Section 559.726, Florida Statutes, is amended
 3903  to read:
 3904         559.726 Subpoenas.—
 3905         (1) The department office may:
 3906         (a) Issue and serve subpoenas and subpoenas duces tecum to
 3907  compel the attendance of witnesses and the production of all
 3908  books, accounts, records, and other documents and materials
 3909  relevant to an investigation conducted by the department office.
 3910  The department office, or its authorized representative, may
 3911  administer oaths and affirmations to any person.
 3912         (b) Seek subpoenas or subpoenas duces tecum from any court
 3913  to command the appearance of witnesses and the production of
 3914  books, accounts, records, and other documents or materials at a
 3915  time and place named in the subpoenas, and an authorized
 3916  representative of the department office may serve such
 3917  subpoenas.
 3918         (2) If there is substantial noncompliance with a subpoena
 3919  or subpoena duces tecum issued by the department office, the
 3920  department office may petition the court in the county where the
 3921  person subpoenaed resides or has his or her principal place of
 3922  business for an order requiring the person to appear, testify,
 3923  or produce such books, accounts, records, and other documents as
 3924  are specified in the subpoena or subpoena duces tecum.
 3925         (3) The department office is entitled to the summary
 3926  procedure provided in s. 51.011, and the court shall advance
 3927  such cause on its calendar. Attorney Attorney’s fees and any
 3928  other costs incurred by the department office to obtain an order
 3929  granting, in whole or in part, a petition for enforcement of a
 3930  subpoena or subpoena duces tecum shall be taxed against the
 3931  subpoenaed person, and failure to comply with such order is a
 3932  contempt of court.
 3933         (4) To aid in the enforcement of this part, the department
 3934  office may require or permit a person to file a statement in
 3935  writing, under oath, or otherwise as the department office
 3936  determines, as to all the facts and circumstances concerning the
 3937  matter to be investigated.
 3938         Section 104. Section 559.727, Florida Statutes, is amended
 3939  to read:
 3940         559.727 Cease and desist orders.—The department office may
 3941  issue and serve upon any person an order to cease and desist and
 3942  to take corrective action if it has reason to believe the person
 3943  is violating, has violated, or is about to violate any provision
 3944  of this part, any rule or order issued under this part, or any
 3945  written agreement between the person and the department office.
 3946  All procedural matters relating to issuance and enforcement of
 3947  such order are governed by chapter 120.
 3948         Section 105. Section 559.730, Florida Statutes, is amended
 3949  to read:
 3950         559.730 Administrative remedies.—
 3951         (1) The department office may impose an administrative fine
 3952  against, or revoke or suspend the registration of, a registrant
 3953  under this part who has committed a violation of s. 559.72.
 3954  Final action to fine, suspend, or revoke the registration of a
 3955  registrant is subject to review in accordance with chapter 120.
 3956         (2) The department office may impose suspension rather than
 3957  revocation of a registration if circumstances warrant that one
 3958  or the other should be imposed and the registrant demonstrates
 3959  that the registrant has taken affirmative steps that can be
 3960  expected to effectively eliminate the violations and that the
 3961  registrant’s registration has never been previously suspended.
 3962         (3) In addition to, or in lieu of suspension or revocation
 3963  of a registration, the department office may impose an
 3964  administrative fine of up to $10,000 per violation against a
 3965  registrant for violations of s. 559.72. The department Financial
 3966  Services Commission shall adopt rules establishing guidelines
 3967  for imposing administrative penalties.
 3968         (4) This part does not preclude any person from pursuing
 3969  remedies available under the Federal Fair Debt Collection
 3970  Practices Act for any violation of such act.
 3971         Section 106. Section 559.785, Florida Statutes, is amended
 3972  to read:
 3973         559.785 Criminal penalty.—It shall be a misdemeanor of the
 3974  first degree, punishable as provided in s. 775.082 or s.
 3975  775.083, for any person not exempt from registering as provided
 3976  in this part to engage in collecting consumer debts in this
 3977  state without first registering with the department office, or
 3978  to register or attempt to register by means of fraud,
 3979  misrepresentation, or concealment.
 3980         Section 107. Section 687.14, Florida Statutes, is amended
 3981  to read:
 3982         687.14 Definitions.—As used in this chapter act, unless the
 3983  context otherwise requires, the term:
 3984         (1) “Advance fee” means any consideration that which is
 3985  assessed or collected, before prior to the closing of a loan, by
 3986  a loan broker.
 3987         (2) “Borrower” means a person obtaining or desiring to
 3988  obtain a loan of money, a credit card, or a line of credit.
 3989         (3) “Commission” means the Financial Services Commission.
 3990         (3)(4) “Loan broker” means any person, except any bank or
 3991  savings and loan association, trust company, building and loan
 3992  association, credit union, consumer finance company, retail
 3993  installment sales company, securities broker-dealer, real estate
 3994  broker or sales associate, attorney, federal Housing
 3995  Administration or United States Department of Veterans Affairs
 3996  approved lender, credit card company, installment loan licensee,
 3997  mortgage broker or lender, or insurance company, if provided
 3998  that the person excepted is licensed by and subject to
 3999  regulation or supervision of any agency of the United States or
 4000  this state and is acting within the scope of the license; and
 4001  also except excepting subsidiaries of licensed or chartered
 4002  consumer finance companies, banks, or savings and loan
 4003  associations; who:
 4004         (a) For or in expectation of consideration arranges or
 4005  attempts to arrange or offers to fund a loan of money, a credit
 4006  card, or a line of credit;
 4007         (b) For or in expectation of consideration assists or
 4008  advises a borrower in obtaining or attempting to obtain a loan
 4009  of money, a credit card, a line of credit, or related guarantee,
 4010  enhancement, or collateral of any kind or nature;
 4011         (c) Acts for or on behalf of a loan broker for the purpose
 4012  of soliciting borrowers; or
 4013         (d) Holds herself or himself out as a loan broker.
 4014         (4)(5) “Principal” means any officer, director, partner,
 4015  joint venturer, branch manager, or other person with similar
 4016  managerial or supervisory responsibilities for a loan broker.
 4017         (6) “Office” means the Office of Financial Regulation of
 4018  the commission.
 4019         Section 108. Section 687.144, Florida Statutes, is
 4020  repealed.
 4021         Section 109. Section 687.145, Florida Statutes, is
 4022  repealed.
 4023         Section 110. Section 687.148, Florida Statutes, is
 4024  repealed.
 4025         Section 111. Subsection (2) of section 17.20, Florida
 4026  Statutes, is amended to read:
 4027         17.20 Assignment of claims for collection.—
 4028         (2) The Chief Financial Officer may assign the collection
 4029  of any claim to a collection agent or agents who are registered
 4030  and in good standing pursuant to chapter 559, if the Chief
 4031  Financial Officer determines the assignation to be cost
 4032  effective. The Chief Financial Officer may authorize the agent
 4033  or agents to add a fee to the amount to be collected.
 4034         Section 112. Paragraph (b) of subsection (9) of section
 4035  20.165, Florida Statutes, is amended to read:
 4036         20.165 Department of Business and Professional Regulation.
 4037  There is created a Department of Business and Professional
 4038  Regulation.
 4039         (9)
 4040         (b) Each employee serving as a law enforcement officer for
 4041  the division must meet the qualifications for employment or
 4042  appointment as a law enforcement officer set forth under s.
 4043  943.13 and must be certified as a law enforcement officer by the
 4044  Department of Law Enforcement under chapter 943. Upon
 4045  certification, each law enforcement officer is subject to and
 4046  has the same authority as provided for law enforcement officers
 4047  generally in chapter 901 and has statewide jurisdiction. Each
 4048  officer also has arrest authority as provided for state law
 4049  enforcement officers in s. 901.15. Each officer possesses the
 4050  full law enforcement powers granted to other peace officers of
 4051  this state, including the authority to make arrests, carry
 4052  firearms, serve court process, and seize contraband and the
 4053  proceeds of illegal activities.
 4054         1. The primary responsibility of each officer appointed
 4055  under this section is to investigate, enforce, and prosecute,
 4056  throughout the state, violations and violators of parts I and II
 4057  of chapter 210, part VI part VII of chapter 559, and chapters
 4058  561-569, and the rules adopted thereunder, as well as other
 4059  state laws that the division, all state law enforcement
 4060  officers, or beverage enforcement agents are specifically
 4061  authorized to enforce.
 4062         2. The secondary responsibility of each officer appointed
 4063  under this section is to enforce all other state laws, provided
 4064  that the enforcement is incidental to exercising the officer’s
 4065  primary responsibility as provided in subparagraph 1., and the
 4066  officer exercises the powers of a deputy sheriff, only after
 4067  consultation or coordination with the appropriate local
 4068  sheriff’s office or municipal police department or when the
 4069  division participates in the Florida Mutual Aid Plan during a
 4070  declared state emergency.
 4071         Section 113. Subsection (6) of section 28.246, Florida
 4072  Statutes, is amended to read:
 4073         28.246 Payment of court-related fees, charges, and costs;
 4074  partial payments; distribution of funds.—
 4075         (6) A clerk of court shall pursue the collection of any
 4076  fees, service charges, fines, court costs, and liens for the
 4077  payment of attorney attorney’s fees and costs pursuant to s.
 4078  938.29 which remain unpaid after 90 days by referring the
 4079  account to a private attorney who is a member in good standing
 4080  of The Florida Bar or collection agent who is registered and in
 4081  good standing pursuant to chapter 559. In pursuing the
 4082  collection of such unpaid financial obligations through a
 4083  private attorney or collection agent, the clerk of the court
 4084  must have attempted to collect the unpaid amount through a
 4085  collection court, collections docket, or other collections
 4086  process, if any, established by the court, find this to be cost
 4087  effective and follow any applicable procurement practices. The
 4088  collection fee, including any reasonable attorney attorney’s
 4089  fee, paid to any attorney or collection agent retained by the
 4090  clerk may be added to the balance owed in an amount not to
 4091  exceed 40 percent of the amount owed at the time the account is
 4092  referred to the attorney or agent for collection. The clerk
 4093  shall give the private attorney or collection agent the
 4094  application for the appointment of court-appointed counsel
 4095  regardless of whether the court file is otherwise confidential
 4096  from disclosure.
 4097         Section 114. Section 205.1971, Florida Statutes, is amended
 4098  to read:
 4099         205.1971 Sellers of travel; consumer protection.—A county
 4100  or municipality may not issue or renew a business tax receipt to
 4101  engage in business as a seller of travel pursuant to part X part
 4102  XI of chapter 559 unless such business exhibits a current
 4103  registration or letter of exemption from the Department of
 4104  Agriculture and Consumer Services.
 4105         Section 115. Paragraph (b) of subsection (9) of section
 4106  402.33, Florida Statutes, is amended to read:
 4107         402.33 Department authority to charge fees for services
 4108  provided.—
 4109         (9)
 4110         (b) In collecting delinquent or unpaid fees, the department
 4111  may employ the services of a collection agency. The collection
 4112  agency must be registered and in good standing under chapter
 4113  559. The department may pay a collection agency from any amount
 4114  collected under the claim a fee that the department and the
 4115  agency have agreed upon, or may authorize the agency to deduct
 4116  the fee from the amount collected.
 4117         Section 116. Subsection (20) of section 501.604, Florida
 4118  Statutes, is amended to read:
 4119         501.604 Exemptions.—The provisions of this part, except ss.
 4120  501.608 and 501.616(6) and (7), do not apply to:
 4121         (20) A person who is registered pursuant to part X part XI
 4122  of chapter 559 and who is soliciting within the scope of the
 4123  registration.
 4124         Section 117. Subsection (11) of section 501.976, Florida
 4125  Statutes, is amended to read:
 4126         501.976 Actionable, unfair, or deceptive acts or
 4127  practices.—It is an unfair or deceptive act or practice,
 4128  actionable under the Florida Deceptive and Unfair Trade
 4129  Practices Act, for a dealer to:
 4130         (11) Add to the cash price of a vehicle as defined in s.
 4131  520.02(2) any fee or charge other than those provided in that
 4132  section and in rule 69V-50.001, Florida Administrative Code. All
 4133  fees or charges permitted to be added to the cash price by rule
 4134  69V-50.001, Florida Administrative Code, must be fully disclosed
 4135  to customers in all binding contracts concerning the vehicle’s
 4136  selling price.
 4137  
 4138  In any civil litigation resulting from a violation of this
 4139  section, when evaluating the reasonableness of an award of
 4140  attorney attorney’s fees to a private person, the trial court
 4141  shall consider the amount of actual damages in relation to the
 4142  time spent.
 4143         Section 118. Section 520.13, Florida Statutes, is amended
 4144  to read:
 4145         520.13 Waiver.—Any waiver of the provisions of ss. 520.01
 4146  520.10, s. 520.12, or s. 520.13, is s. 520.993, s. 520.994, or
 4147  s. 520.995 shall be unenforceable and void.
 4148         Section 119. Subsection (10) of section 560.309, Florida
 4149  Statutes, is amended to read:
 4150         560.309 Conduct of business.—
 4151         (10) If a check is returned to a licensee from a payor
 4152  financial institution due to lack of funds, a closed account, or
 4153  a stop-payment order, the licensee may seek collection pursuant
 4154  to s. 68.065. In seeking collection, the licensee must comply
 4155  with the prohibitions against harassment or abuse, false or
 4156  misleading representations, and unfair practices in the Fair
 4157  Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
 4158  1692f. A violation of this subsection is a deceptive and unfair
 4159  trade practice and constitutes a violation of the Deceptive and
 4160  Unfair Trade Practices Act under part II of chapter 501. In
 4161  addition, a licensee must comply with the applicable provisions
 4162  of the Consumer Collection Practices Act under part V VI of
 4163  chapter 559, including s. 559.77.
 4164         Section 120. Subsection (2) of section 560.406, Florida
 4165  Statutes, is amended to read:
 4166         560.406 Worthless checks.—
 4167         (2) If a check is returned to a deferred presentment
 4168  provider from a payor financial institution due to insufficient
 4169  funds, a closed account, or a stop-payment order, the deferred
 4170  presentment provider may pursue all legally available civil
 4171  remedies to collect the check, including, but not limited to,
 4172  the imposition of all charges imposed on the deferred
 4173  presentment provider by the financial institution. In its
 4174  collection practices, a deferred presentment provider must
 4175  comply with the prohibitions against harassment or abuse, false
 4176  or misleading representations, and unfair practices that are
 4177  contained in the Fair Debt Collections Practices Act, 15 U.S.C.
 4178  ss. 1692d, 1692e, and 1692f. A violation of this act is a
 4179  deceptive and unfair trade practice and constitutes a violation
 4180  of the Deceptive and Unfair Trade Practices Act under part II of
 4181  chapter 501. In addition, a deferred presentment provider must
 4182  comply with the applicable provisions of the Consumer Collection
 4183  Practices Act under part V VI of chapter 559, including s.
 4184  559.77.
 4185         Section 121. Subsection (5) of section 634.271, Florida
 4186  Statutes, is amended to read:
 4187         634.271 Civil remedy.—
 4188         (5) The penalty provisions in s. 521.006 ss. 520.12 and
 4189  521.006, as well as the statutory penalty in subsection (1), do
 4190  not apply to any violation of this part or chapters 520 and 521
 4191  relating to or in connection with the sale or failure to
 4192  disclose in a retail installment contract or lease, before prior
 4193  to April 23, 2002, of a vehicle protection product, or contract
 4194  or agreement that provides for payment of vehicle protection
 4195  expenses, as defined in s. 634.011(8)(b)1., so long as the sale
 4196  of such product, contract, or agreement was otherwise disclosed
 4197  to the consumer in writing at the time of the purchase or lease.
 4198  However, in the event of a violation for which such statutory
 4199  penalties do not apply, the court shall award actual damages and
 4200  costs, including reasonable attorney attorney’s fees. This
 4201  Nothing in this subsection does not shall be construed to
 4202  require the application of the referenced statutory penalty
 4203  provisions where this subsection is not applicable.
 4204         Section 122. Subsection (18) of section 681.102, Florida
 4205  Statutes, is amended to read:
 4206         681.102 Definitions.—As used in this chapter, the term:
 4207         (18) “Purchase price” means the cash price as defined in s.
 4208  520.31(2), inclusive of any allowance for a trade-in vehicle,
 4209  but excludes debt from any other transaction. The term “any
 4210  allowance for a trade-in vehicle” means the net trade-in
 4211  allowance as reflected in the purchase contract or lease
 4212  agreement if acceptable to the consumer and manufacturer. If
 4213  such amount is not acceptable to the consumer and manufacturer,
 4214  then the trade-in allowance shall be an amount equal to 100
 4215  percent of the retail price of the trade-in vehicle as reflected
 4216  in the NADA Official Used Car Guide (Southeastern Edition) or
 4217  NADA Recreation Vehicle Appraisal Guide, whichever is
 4218  applicable, in effect at the time of the trade-in. The
 4219  manufacturer shall provide be responsible for providing the
 4220  applicable NADA book.
 4221         Section 123. Subsection (1) of section 687.12, Florida
 4222  Statutes, is amended to read:
 4223         687.12 Interest rates; parity among licensed lenders or
 4224  creditors.—
 4225         (1) Any lender or creditor licensed or chartered under
 4226  chapter 516, chapter 520, chapter 657, chapter 658 or former
 4227  chapter 659, former chapter 664 or former chapter 656, chapter
 4228  665, or part XV of chapter 627; any lender or creditor located
 4229  in this state and licensed or chartered under the laws of the
 4230  United States and authorized to conduct a lending business; or
 4231  any lender or creditor lending through a licensee under part III
 4232  of chapter 494, is authorized to charge interest on loans or
 4233  extensions of credit to any person as defined in s. 1.01, or to
 4234  any firm or corporation, at the maximum rate of interest
 4235  permitted by law to be charged on similar loans or extensions of
 4236  credit made by any lender or creditor in this state, except that
 4237  the statutes governing the maximum permissible interest rate on
 4238  any loan or extension of credit, and other statutory
 4239  restrictions relating thereto, also govern the amount, term,
 4240  permissible charges, rebate requirements, and restrictions for a
 4241  similar loan or extension of credit made by any lender or
 4242  creditor.
 4243         Section 124. Subsection (4) of section 697.05, Florida
 4244  Statutes, is amended to read:
 4245         697.05 Balloon mortgages; scope of law; definition;
 4246  requirements as to contents; penalties for violations;
 4247  exemptions.—
 4248         (4) This section does not apply to the following:
 4249         (a) Any mortgage in effect before prior to January 1, 1960;
 4250         (b) Any first mortgage, excluding a mortgage in favor of a
 4251  home improvement contractor defined in s. 520.61(13) the
 4252  execution of which is required solely by the terms of a home
 4253  improvement contract that which is governed by the provisions of
 4254  ss. 520.60-520.98;
 4255         (c) Any mortgage created for a term of 5 years or more,
 4256  excluding a mortgage in favor of a home improvement contractor
 4257  defined in s. 520.61(13) the execution of which is required
 4258  solely by the terms of a home improvement contract that which is
 4259  governed by the provisions of ss. 520.60-520.98;
 4260         (d) Any mortgage, the periodic payments on which are to
 4261  consist of interest payments only, with the entire original
 4262  principal sum to be payable upon maturity;
 4263         (e) Any mortgage securing an extension of credit in excess
 4264  of $500,000;
 4265         (f) Any mortgage granted in a transaction covered by the
 4266  federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., in
 4267  which each mortgagor thereunder is furnished a Truth in Lending
 4268  Disclosure Statement that satisfies the requirements of the
 4269  federal Truth in Lending Act; or
 4270         (g) Any mortgage granted by a purchaser to a seller
 4271  pursuant to a written agreement to buy and sell real property
 4272  which provides that the final payment of said mortgage debt will
 4273  exceed the periodic payments thereon.
 4274         Section 125. Paragraph (d) of subsection (3) of section
 4275  721.11, Florida Statutes, is amended to read:
 4276         721.11 Advertising materials; oral statements.—
 4277         (3) The term “advertising material” does not include:
 4278         (d) Any audio, written, or visual publication or material
 4279  relating to the promotion of the availability of any
 4280  accommodations or facilities, or both, for transient rental,
 4281  including any arrangement governed by part X part XI of chapter
 4282  559, so long as a mandatory tour of a timeshare plan or
 4283  attendance at a mandatory sales presentation is not a term or
 4284  condition of the availability of such accommodations or
 4285  facilities, or both, and so long as the failure of any transient
 4286  renter to take a tour of a timeshare plan or attend a sales
 4287  presentation does not result in the transient renter receiving
 4288  less than what was promised to the transient renter in such
 4289  materials.
 4290         Section 126. Subsection (1) of section 832.10, Florida
 4291  Statutes, is amended to read:
 4292         832.10 Alternative to bad check diversion program; fees for
 4293  collection.—
 4294         (1) Before Prior to presenting a complaint about a
 4295  dishonored check to a state attorney, a payee on such bad check
 4296  may place or assign the debt evidenced by the bad check for
 4297  collection pursuant to this section by a private debt collector
 4298  registered under part VI of chapter 559.
 4299         Section 127. Section 938.35, Florida Statutes, is amended
 4300  to read:
 4301         938.35 Collection of court-related financial obligations.
 4302  The board of county commissioners or the governing body of a
 4303  municipality may pursue the collection of any fees, service
 4304  charges, fines, or costs to which it is entitled which remain
 4305  unpaid for 90 days or more, or refer the account to a private
 4306  attorney who is a member in good standing of The Florida Bar or
 4307  to a collection agent who is registered and in good standing
 4308  pursuant to chapter 559. In pursuing the collection of such
 4309  unpaid financial obligations through a private attorney or
 4310  collection agent, the board of county commissioners or the
 4311  governing body of a municipality must determine that this is
 4312  cost-effective, and the board or the governing body must follow
 4313  applicable procurement practices. The collection fee, including
 4314  any reasonable attorney attorney’s fee, paid to any attorney or
 4315  collection agent retained by the board of county commissioners
 4316  or the governing body of a municipality may be added to the
 4317  balance owed, in an amount not to exceed 40 percent of the
 4318  amount owed at the time the account is referred to the attorney
 4319  or agent agents for collection.
 4320         Section 128. This act shall take effect July 1, 2012.