(1) The office may issue and serve upon any person an order to cease and desist and to take corrective action if it has reason to believe the person is violating, has violated, or is about to violate any provision of this chapter, any rule or order issued under this chapter, or any written agreement between the person and the office. All procedural matters relating to issuance and enforcement of such order are governed by the Administrative Procedure Act.
(2) The office may order the refund of any fee directly or indirectly assessed and charged on a mortgage loan transaction which is unauthorized or exceeds the maximum fee specifically authorized in this chapter, or any amount collected for the payment of third-party fees which exceeds the cost of the service provided.
History.—ss. 5, 50, ch. 91-245; s. 4, ch. 91-429; s. 518, ch. 2003-261; s. 2, ch. 2007-182; s. 6, ch. 2009-241.
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.