Florida Statute 494.004 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS

View Entire Chapter

F.S. 494.004

494.004 Requirements of licensees.—

(1) Each licensee under this part shall report to the office:

(a) In writing, any conviction of, or plea of nolo contendere to, regardless of adjudication, any felony or any crime or administrative violation that involves fraud, dishonesty, breach of trust, money laundering, or any other act of moral turpitude, in any jurisdiction, by the licensee or any control person within 30 days after the date of conviction, entry of a plea of nolo contendere, or final administrative action.

(b) In a form prescribed by rule of the commission, any conviction of, or plea of nolo contendere to, regardless of adjudication, any felony committed by the licensee or any control person within 30 days after the date of conviction or the date the plea of nolo contendere is entered.

(d) On a form prescribed by rule of the commission, any change to the information contained in any initial application form or any amendment to the application within 30 days after the change is effective.

(e) Any change in the principal loan originator, any addition or subtraction of a control person, or any change in the form of business organization, by written amendment in the form and at the time the commission specifies by rule.

(f) Any addition of a control person who has not previously filed a Uniform Mortgage Biographical Statement & Consent Form, MU2, or has not previously complied with the fingerprinting and credit report requirements of ss. 494.00321 and 494.00322, is subject to the provisions of these sections. If, after the addition of a control person, the office finds that the licensee does not continue to meet licensure requirements, the office may bring an administrative action in accordance with s. 494.00255 to enforce the provisions of this chapter.

(2) Each mortgage broker shall submit to the registry reports of condition, which must be in such form and shall contain such information as the registry may require. The commission may adopt rules prescribing the time by which a mortgage broker must file a report of condition. For purposes of this section, the report of condition is synonymous with the registry’s Mortgage Call Report.

(3) A license issued under this part is not transferable or assignable.

History.—ss. 27, 50, ch. 91-245; s. 4, ch. 91-429; ss. 16, 17, ch. 99-213; s. 534, ch. 2003-261; s. 12, ch. 2006-213; s. 7, ch. 2007-182; s. 36, ch. 2009-241; s. 43, ch. 2014-91.

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Amendments to 494.004

Arrestable Offenses / Crimes under Fla. Stat. 494.004

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 494.004.

Annotations, Discussions, Cases:

Cases Citing Statute 494.004

Total Results: 12

Doorbal v. State

Court: Supreme Court of Florida | Date Filed: 2008-02-14

Citation: 983 So. 2d 464, 2008 WL 382742

Snippet: between June 16 and October 25, 2004, counsel billed 494.4 hours for representation of Doorbal. The majority

Steinberg v. Brickell Station Towers Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-06-15

Citation: 625 So. 2d 848, 1993 Fla. App. LEXIS 6440, 1993 WL 205365

Snippet: broker’s license issued by the State of Florida. § 494.04(1), Fla.Stat. (1983). The trial court denied the

Manor Care, Inc. (Sarasota) v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1989-10-03

Citation: 558 So. 2d 26, 14 Fla. L. Weekly 2323, 1989 Fla. App. LEXIS 5456, 1989 WL 113244

Snippet: HRS during its preliminary action. Section 381.494(4), Florida Statutes (1985), which is applicable in

NME Hospitals, Inc. v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 1986-06-24

Citation: 492 So. 2d 379

Snippet: it did not contain, as required by section 381.494(4)(a), a statement of the proposed project's "purpose

Gulf Court Nursing Center v. DEPT. OF HEALTH

Court: District Court of Appeal of Florida | Date Filed: 1986-02-14

Citation: 483 So. 2d 700

Snippet: Title XV of the Public Health Service Act." § 381.494(4)-(a), Fla. Stat. (1983) (emphasis added). The Department

Republic Funding Corp. v. Americable Associates, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1985-10-29

Citation: 478 So. 2d 1097, 10 Fla. L. Weekly 2435, 1985 Fla. App. LEXIS 16486

Snippet: barred by the Florida Mortgage Brokers Act, section 494.04(1), Florida Statutes (1983): No person shall act

Voce v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-10-03

Citation: 457 So. 2d 541

Snippet: States citizenship requirement set forth in Section 494.04(2), Florida Statutes (1981), is invalid on equal

Blouin v. American Liberty Insurance

Court: District Court of Appeal of Florida | Date Filed: 1979-07-10

Citation: 375 So. 2d 326, 1979 Fla. App. LEXIS 15832

Snippet: mortgage broker’s bond, posted pursuant to Section 494.04(12), Florida Statutes, (1975). The parties are

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-11-13

Snippet: of the State of Florida within the purview of s. 494.04(2), F.S.? SUMMARY: Chapter 74-37, Laws of Florida

Travelers Indemnity Company v. Askew

Court: District Court of Appeal of Florida | Date Filed: 1973-07-12

Citation: 280 So. 2d 469

Snippet: concur. NOTES [1] F.S. Ch. 494, F.S.A. [2] F.S. § 494.04(12), F.S.A. [3] 12 Am.Jur.2d 508-509, Bonds, §

Sonnenblick-Goldman of Miami Corp. v. Feldman

Court: District Court of Appeal of Florida | Date Filed: 1972-07-25

Citation: 266 So. 2d 48, 1972 Fla. App. LEXIS 6229

Snippet: statutes to support his contention. First, Fla.Stat. § 494.04(1), F.S.A., states: “No person shall act as a mortgage

Long v. Anderson

Court: Supreme Court of Florida | Date Filed: 1904-06-15

Citation: 48 Fla. 279

Snippet: Brewster, 9 Paige 245; Dawson v. Amey, 40 N. J. Eq. 494, 4 Atl. Rep. 442; Saylor’s App. 39 Pa. St. 495; Kempton