FAMB Government Affairs Update
March 16, 2007
The 2007 Regular Session of the Florida Legislature began and
the Florida Association of Mortgage Brokers is at the center of negotiations
on key issues for residential and commercial brokers and lenders in Florida. Reducing
the tax burden we are facing on our properties is the central issue of
the legislative session. House Republicans are proposing a radical
shift that would repeal the property tax on all homestead property and
replace it with an increase in the state sales tax. The governor has
called for doubling the homestead exemption to $50,000, capping commercial
property-tax increases at 3 percent a year, and allowing people to take
their tax savings from one home to another one in Florida. We will be
on the sidelines of this fight and will keep you posted as the issue
evolves. We are convinced that you will see meaningful property
tax relief on both your home and your business this year!
Legislative Review
The Government Affairs Committee continues to follow other issues in
the state legislature which affect the mortgage brokerage community. Some
of the issues are:
* Real Estate Fraud - SB 352 Margolis, SB 240 Bullard,
HB 349 Gelber.
The Florida Association of Mortgage Brokers supports all anti-fraud legislation;
however the current version of these bills contains ambiguous language,
which if passed as written will likely cause providers of credit to cease
offering certain types of loan programs within Florida. These loan
programs are vital to maintaining the local housing market and provide
the consumer with options. We encourage redrafting the legislation to
include provisions which protect existing loan programs.
* A Revision of FS 494 - SB 1824 Fasano, HB 1125 Richter.
The Florida Association of Mortgage Brokers has worked closely with the
Office of Financial Regulation to draft revisions to FS 494 to provide
additional protections to the consumer as well as require more stringent
requirements regarding initial licensure and continuing education.
The Florida Association of Mortgage Brokers is reviewing these proposed
bills as they continue to be revised.
* Mortgage Broker and Lender License Exemptions – HB1355 & SB2526
The Florida Association of Mortgage Brokers supports licensure of all
mortgage brokers, originators, or any individual by whatever title
that provides loan information to the public. The proposed legislation
will set a dangerous precedent. If passed, this legislation will allow
an individual or entity to become exempt from FL Statute 494 simply
by posting a 5 million dollar bond. We see this as simply buying an
exemption and feel it is contradictory to the objectives set forth
in Chapter 494 and the regulatory objectives of the Office of Financial
Regulation and the Florida Association of Mortgage Brokers. Other products
offered, such as insurance, securities, and real estate sales to name
a few, require a license from the State of Florida in order to sell
them. We feel originating mortgages should also require licensure and
buying an exemption is NOT acceptable.
FAMB's website -www.famb.org - will continue to be
the place for constant updates throughout the 60-day session. We
encourage you and your colleagues to watch for updates including potential
calls-to-action throughout this legislative period. When we call,
we'll need you to respond ASAP. A short session means our issues
change at a lightning speed and our greatest strength is your ability
to flood the legislature with your opinion when needed.