The purpose and effect of the amended rules are to define common terms used throughout Chapter 494, FS, and Rule Chapter 69V-40, F.A.C., update form titles, update Florida Department of Law Enforcement’s website link, correct grammatical errors, ...

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NOS.:RULE TITLES:

69V-40.00111Determination of common terms used throughout Chapter 494, F.S., and Rule Chapter 69V-40

69V-40.00112Effect of Law Enforcement Records on Applications for Loan Originator, Mortgage Broker, and Mortgage Lender Licensure.

69V-40.002Adoption of Forms

69V-40.003Electronic Filing of Forms and Fees

69V-40.00661Mortgage Lender Branch Office Renewal and Reactivation

69V-40.008Fees and Commissions

69V-40.011Misleading Practice; Penalty

69V-40.0312Application Procedure for Loan Originator License

69V-40.0313Loan Originator License Renewal

69V-40.0321Application Procedure for a Mortgage Broker License

69V-40.0322Mortgage Broker License Renewal

69V-40.036Application Procedure for a Mortgage Broker Branch Office License

69V-40.0361Mortgage Broker Branch Office Renewal and Reactivation

69V-40.0611Application Procedure for a Mortgage Lender License

69V-40.0612Mortgage Lender License Renewal

69V-40.066Application Procedure for a Mortgage Lender Branch Office License

69V-40.111Disciplinary Guidelines

69V-40.155Lock-in Statement

69V-40.156Third-party Fee Accounts

69V-40.170Books and Records

69V-40.175Mortgage Brokerage Files

69V-40.176Reports of Condition

69V-40.260Mortgage Lender Files

69V-40.265Mortgage Brokerage and Lending Transaction Journal

69V-40.270Financial Guaranty in Lieu of Uniform Single Audit

PURPOSE AND EFFECT: The purpose and effect of the amended rules are to define common terms used throughout Chapter 494, FS, and Rule Chapter 69V-40, F.A.C., update form titles, update Florida Department of Law Enforcement’s website link, correct grammatical errors, update fee payment amounts for licensure and clarify procedure for renewals, remove criminal background check fee requirement for control people for license renewals, set forth costs of cost of fingerprint retention, clarify procedure for reactivation of license after failure to timely renew, transfer the disciplinary guidelines provisions to a form incorporated into the rule entitled Disciplinary Guidelines for Mortgage Loan Originators and Mortgage Entities," revise and clarify Disciplinary Guidelines subsection, amend the section of the Disciplinary Guidelines specifying the mitigating and aggravating factors the Office shall consider in determining appropriate penalties, amend lock-in agreement subsection, amend books and records requirements, amend mortgage broker files requirements and delete penalty provisions, adding a Mortgage Lender Branch Office renewal and reactivation section, adding a Reports of Condition subsection, to specify requirements for reports of condition, delete penalty provisions in mortgage lender files subsection, delete penalty provision in mortgage brokerage and lending transaction journal subsection; and delete penalty provisions in Financial Guaranty in Lieu of Uniform Single Audit subsection.

SUBJECT AREA TO BE ADDRESSED: Consumer Finance.

RULEMAKING AUTHORITY: 494.0011, 494.0011(2), 494.0011(2)(a), 494.0011(2)(c), 494.0016(4), 494.00296(1)(c), 494.00312(2), 494.00312(2)(h), 494.00313, 494.00313(1), 494.00313(1)(e), 494.00321(1), 494.00321(2)(f), 494.00322, 494.00322(1), 494.00322(1)(e), 4494.00331(2), 494.0036, 494.0036(2), 494.0038(2)(b), 494.004, 494.00611(2), 494.00611(2)(f), 494.00611(2)(h), 494.00612, 494.00612(1), 494.00612(1)(f), 494.0063, 494.0066, 494.0066(2), 494.0067, 494.0069(6), 494.0076(2)(b) FS.

LAW IMPLEMENTED: 120.595, 120.695, 494.0011, 494.0011(2), 494.0011(2)(c), 494.0016, 494.0023, 494.0024, 494.0025, 494.0026, 494.00255, 494.00255(1)(a), 494.00296(1)(c), 494.00312, 494.00313, 494.00321, 494.00322, 494.00331, 494.0035, 494.0036, 494.0038, 494.0039, 494.004,494.0042, 494.0043, 494.00611, 494.00612, 494.00611(2)(f), 494.0062, 494.0063, 494.0065, 494.0066, 494.0067, 494.0069, 494.0069(1)(f), 494.007, 494.0071, 494.00721, 494.0074, 494.0075, 494.0076 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sheila Harley, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.