Florida Statute 494.0011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS

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F.S. 494.0011

494.0011 Powers and duties of the commission and office.—

(1) The office shall be responsible for the administration and enforcement of this chapter.

(2) The commission may adopt rules to administer parts I, II, and III of this chapter, including rules:

(a) Requiring electronic submission of any forms, documents, or fees required by this act.

(b) Relating to compliance with the S.A.F.E. Mortgage Licensing Act of 2008, including rules to:

1. Require loan originators, mortgage brokers, mortgage lenders, and branch offices to register through the registry.

2. Require 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:

a. Uniform Mortgage Lender/Mortgage Broker Form, MU1.

b. Uniform Mortgage Biographical Statement & Consent Form, MU2.

c. Uniform Mortgage Branch Office Form, MU3.

d. Uniform Individual Mortgage License/Registration & Consent Form, MU4.

3. Require the filing of forms, documents, and fees in accordance with the requirements of the registry.

4. Prescribe requirements for amending or surrendering a license or other activities as the commission deems necessary for the office’s participation in the registry.

5. Prescribe procedures that allow a licensee to challenge information contained in the registry.

6. Prescribe procedures for reporting violations of this chapter and disciplinary actions on licensees to the registry.

7. Prescribe criteria and processes for determining if an organization is and remains a bona fide nonprofit organization for the purpose of determining whether the organization and its employees who are acting as loan originators are exempt from regulation under this chapter pursuant to s. 494.00115.

(c) Establishing 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.

1. The rules must provide:

a. Permanent bars for felonies involving fraud, dishonesty, breach of trust, or money laundering;

b. A 15-year disqualifying period for felonies involving moral turpitude;

c. A 7-year disqualifying period for all other felonies; and

d. A 5-year disqualifying period for misdemeanors involving fraud, dishonesty, or any other act of moral turpitude.

2. The 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.

3. The 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.

4. An applicant is not eligible for licensure until the expiration of the disqualifying period set by rule.

5. Section 112.011 is not applicable to eligibility for licensure under this part.

(3) Except as provided in s. 494.00172, all fees, charges, and fines collected pursuant to this chapter shall be deposited in the Regulatory Trust Fund of the office.

(4) The 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; s. 1, ch. 2024-134.

F.S. 494.0011 on Google Scholar

F.S. 494.0011 on Casetext

Amendments to 494.0011

Arrestable Offenses / Crimes under Fla. Stat. 494.0011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 494.0011.

Annotations, Discussions, Cases:

Cases Citing Statute 494.0011

Total Results: 17

Jeanne Emiddio v. Florida Office of Financial Regulation

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 147 So. 3d 587, 2014 Fla. App. LEXIS 13667, 2014 WL 4327946

Snippet: § 494.001(14), Fla. Stat. (2010). Section 494.0011, Florida Statutes (2010), empowers OFR to adopt

Olds v. Alvord

Court: Supreme Court of Florida | Date Filed: 1939-06-20

Citation: 139 Fla. 745, 191 So. 434

Snippet: Fla. 384, 11 So. 179; Brown v. State, 29 Fla. 494, 11 So. 181; Merchants’ National Bank v. Grunthal,

Olds v. Alvord

Court: Supreme Court of Florida | Date Filed: 1939-06-20

Citation: 139 Fla. 1, 191 So. 434, 1939 Fla. LEXIS 1731

Snippet: Fla. 384, 11 So. 179; Brown v. State, 29 Fla. 494, 11 So. 181; Merchants’ National Bank v. Grunthal,

City of Sarasota v. State Ex Rel. Evans

Court: Supreme Court of Florida | Date Filed: 1937-02-16

Citation: 172 So. 728, 127 Fla. 126

Snippet: Fla. 384, 11 So. 176; Brown v. State, 20 Fla. 494, 11 So. 181. "However, this does not prevent the Court

State Ex Rel. Davis v. City of Clearwater

Court: Supreme Court of Florida | Date Filed: 1933-03-09

Citation: 146 So. 836, 108 Fla. 635

Snippet: court in the lower court (Brown v. State, 29 Fla. 494, 11 So.2d 181; Merchants' Nat. Bank of Jacksonville

Hewitt v. State Ex Rel. Palmer

Court: Supreme Court of Florida | Date Filed: 1933-02-21

Citation: 146 So. 578, 108 Fla. 335

Snippet: the public peace. Mosseller v. Deaver, 106 N.C. 494,11 S.E. Rep. 529, 19 A. S. R. 540, 8 L.R.A. 537. The

Great Am. Ins. Co. of N.Y. v. Suarez, Jr.

Court: Supreme Court of Florida | Date Filed: 1932-11-17

Citation: 146 So. 644, 107 Fla. 705

Snippet: in the Circuit Court. Brown v. State, 29 Fla. 494, 11 Sou. Rep. 181. A motion to amend the bill of exceptions

State Ex Rel. Drane v. Robles

Court: Supreme Court of Florida | Date Filed: 1932-10-07

Citation: 143 So. 438, 106 Fla. 940

Snippet: make such order. See Brown vs. State, 29 Fla. 494; 11 So. 181; Lovett vs. State, 29 Fla. 384, 11 So.

Chapman v. St. Stephens Protestant Episcopal, Church, Inc.

Court: Supreme Court of Florida | Date Filed: 1931-07-21

Citation: 139 So. 188, 105 Fla. 683, 136 So. 238

Snippet: 29 Fla. 384, 11 So. 176; Brown v. State, 29 Fla. 494,11 So. 181; and Merchants National Bank v. Grunthal

State Ex Rel. Davis v. City of Clearwater

Court: Supreme Court of Florida | Date Filed: 1931-06-17

Citation: 139 So. 377, 106 Fla. 761

Snippet: court in the lower court (Brown v. State, 29 Fla. 494, 11 So.2d 181; Merchants' Nat. Bank of Jacksonville

O'Steen v. State

Court: Supreme Court of Florida | Date Filed: 1926-12-13

Citation: 111 So. 725, 92 Fla. 1062

Snippet: State, 19 Fla. 872, and Brown v. The State, 29 Fla. 494,11 So. 181, cited by Judge RANEY. These cases were

Washington v. State

Court: Supreme Court of Florida | Date Filed: 1926-10-12

Citation: 92 Fla. 740

Snippet: Fla. 384, 11 So. 176; Brown v. State, 29 Fla. 494, 11 So. 181. However, this does not prevent the court

Washington v. State

Court: Supreme Court of Florida | Date Filed: 1926-10-12

Citation: 110 So. 259, 92 Fla. 740, 1926 Fla. LEXIS 683

Snippet: Fla. 384, 11 So. 176; Brown v. State, 29 Fla. 494, 11 So. 181. However, this does not prevent the court

Mitchell v. State

Court: Supreme Court of Florida | Date Filed: 1903-01-15

Citation: 45 Fla. 76

Snippet: v. State, 9 Fla. 530; Brown v. State, 29 Fla. 494, 11 South. Rep. 181; Olive v. State, 34 Fla. 203, 15

State ex rel. Attorney-General v. Johnson

Court: Supreme Court of Florida | Date Filed: 1895-01-15

Citation: 35 Fla. 2

Snippet: rel. vs. Johnson, 30 Fla., 433, text 492, 493, 494, 11 South. Rep., 845; State ex rel. vs. Saxon, 25 Fla

Olive v. State

Court: Supreme Court of Florida | Date Filed: 1894-06-15

Citation: 34 Fla. 203

Snippet: 2 South. Rep., 667; Brown vs. State, 29 Fla., 494, 11 South. Rep., 181. In the latter case it is said

Reynolds v. State

Court: Supreme Court of Florida | Date Filed: 1894-06-15

Citation: 34 Fla. 175

Snippet: 9 South. Rep., 835; Brown vs. State, 29 Fla., 494, 11 South. Rep., 181; Brown vs. State, 29 Fla., 543