Florida Statute 494.0012 | 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. 494.0012

494.0012 Investigations; complaints; examinations.—

(1) The office may conduct an investigation of any person whenever the office has reason to believe, either upon complaint or otherwise, that any violation of this chapter has been committed or is about to be committed.

(2) Any person having reason to believe that a provision of this act has been violated may file a written complaint with the office setting forth details of the alleged violation.

(3)(a) The office may, at intermittent periods, conduct examinations of any licensee or other person under the provisions of this chapter.

(b) The office shall conduct all examinations at a convenient location in this state unless the office determines that it is more effective or cost-efficient to perform an examination at the licensee’s out-of-state location. For an examination performed at the licensee’s out-of-state location, the licensee shall pay the travel expense and per diem subsistence at the rate provided by law for up to thirty 8-hour days per year for each office examiner who participates in such an examination. However, if the examination involves or reveals fraudulent conduct by the licensee, the licensee shall pay the travel expense and per diem subsistence provided by law, without limitation, for each participating examiner.

(4) To reduce the burden on persons subject to this chapter, the office may conduct a joint or concurrent examination with a state or federal regulatory agency and may furnish a copy of all examinations to an appropriate regulator if the regulator agrees to abide by the confidentiality provisions in chapter 119 and this chapter. The office may also accept an examination from an appropriate regulator.

History.—ss. 3, 50, ch. 91-245; s. 4, ch. 91-429; s. 1, ch. 92-9; s. 3, ch. 99-213; s. 515, ch. 2003-261; s. 36, ch. 2014-91.

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Amendments to 494.0012

Arrestable Offenses / Crimes under Fla. Stat. 494.0012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 494.0012.

Annotations, Discussions, Cases:

Cases Citing Statute 494.0012

Total Results: 3

Bourassa v. State

Court: Supreme Court of Florida | Date Filed: 1978-10-12

Citation: 366 So. 2d 12

Snippet: (Fla. 1st DCA 1971); Ritholz v. Johnson, 244 Wis. 494, 12 N.W.2d 738 (1944); State v. Meyers, 61 Wash.2d

State v. City of Jacksonville Beach

Court: District Court of Appeal of Florida | Date Filed: 1962-06-12

Citation: 142 So. 2d 349

Snippet: Opinion To The Governor, (Fla. 1955) 82 So.2d 494. [12] State ex rel. Warren v. City of Miami, 153 Fla

Williams v. State

Court: Supreme Court of Florida | Date Filed: 1900-01-15

Citation: 42 Fla. 210

Snippet: 18 South. Rep. 199; People v. Ormsby, 48 Mich. 494, 12 N. W. Rep. 671; Territory v. Chenowith, 3 N. M