eLaws of Florida

  SECTION 494.0011. Powers and duties of the commission and office.  


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  • 1(1) 2The office shall be responsible for the administration and enforcement of ss. 14494.00115-16494.007717.
    18(2) 19The commission may adopt rules to administer parts I, II, and III of this chapter, including rules:
    36(a) 37Requiring electronic submission of any forms, documents, or fees required by this act.
    50(b) 51Relating to compliance with the S.A.F.E. Mortgage Licensing Act of 2008, including rules to:
    651. 66Require loan originators, mortgage brokers, mortgage lenders, and branch offices to register through the registry.
    812. 82Require the use of uniform forms that have been approved by the registry, and any subsequent amendments to such forms if the forms are substantially in compliance with the provisions of this chapter. Uniform forms that the commission may adopt include, but are not limited to:
    128a. 129Uniform Mortgage Lender/Mortgage Broker Form, MU1.
    135b. 136Uniform Mortgage Biographical Statement & Consent Form, MU2.
    144c. 145Uniform Mortgage Branch Office Form, MU3.
    151d. 152Uniform Individual Mortgage License/Registration & Consent Form, MU4.
    1603. 161Require the filing of forms, documents, and fees in accordance with the requirements of the registry.
    1774. 178Prescribe requirements for amending or surrendering a license or other activities as the commission deems necessary for the office’s participation in the registry.
    2015. 202Prescribe procedures that allow a licensee to challenge information contained in the registry.
    2156. 216Prescribe procedures for reporting violations of this chapter and disciplinary actions on licensees to the registry.
    232(c) 233Establishing time periods during which a loan originator, mortgage broker, or mortgage lender license applicant under part II or part III is barred from licensure due to prior criminal convictions of, or guilty or nolo contendere pleas by, any of the applicant’s control persons, regardless of adjudication.
    2801. 281The rules must provide:
    285a. 286Permanent bars for felonies involving fraud, dishonesty, breach of trust, or money laundering;
    299b. 300A 15-year disqualifying period for felonies involving moral turpitude;
    309c. 310A 7-year disqualifying period for all other felonies; and
    319d. 320A 5-year disqualifying period for misdemeanors involving fraud, dishonesty, or any other act of moral turpitude.
    3362. 337The rules may provide for an additional waiting period due to dates of imprisonment or community supervision, the commitment of multiple crimes, and other factors reasonably related to the applicant’s criminal history.
    3693. 370The rules may provide for mitigating factors for crimes identified in sub-subparagraph 1.b. However, the mitigation may not result in a period of disqualification less than 7 years. The rule may not mitigate the disqualifying periods in sub-subparagraphs 1.a., 1.c., and 1.d.
    4124. 413An applicant is not eligible for licensure until the expiration of the disqualifying period set by rule.
    4305. 431Section 432112.011 433is not applicable to eligibility for licensure under this part.
    443(3) 444Except as provided in s. 449494.00172, 450all fees, charges, and fines collected pursuant to ss. 459494.001460-461494.0077 462shall be deposited in the Regulatory Trust Fund of the office.
    473(4) 474The office shall participate in the registry and shall regularly report to the registry violations of this chapter, disciplinary actions, and other information deemed relevant by the office under this chapter.
History.-ss. 2, 50, ch. 91-245; s. 4, ch. 91-429; s. 165, ch. 98-200; s. 20, ch. 99-155; s. 2, ch. 99-213; s. 514, ch. 2003-261; s. 2, ch. 2006-213; s. 3, ch. 2009-241; s. 2, ch. 2011-71.