(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.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 494 - Loan Originators and Mortgage Brokers
Part I - General Provisions (Ss. 494.001-494.00296)
494.0011 - Powers and duties of the commission and office.
494.0012 - Investigations; complaints; examinations.
494.00125 - Public records exemptions.
494.0013 - Injunction to restrain violations.
494.0014 - Cease and desist orders; refund orders.
494.0015 - Evidence; examiner’s worksheets, investigative reports, other related documents.
494.0016 - Books, accounts, and records; maintenance; examinations by the office.
494.00165 - Prohibited advertising; record requirements.
494.00172 - Mortgage Guaranty Trust Fund; payment of fees and claims.
494.00173 - Mortgage Guaranty Trust Fund; creation.
494.0019 - Liability in case of unlawful transaction.
494.002 - Statutory or common-law remedies.
494.0022 - Applicability of act.
494.0023 - Conflicting interest.
494.0025 - Prohibited practices.
494.00255 - Administrative penalties and fines; license violations.