Florida Statute 494.0018 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS

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494.0018 Penalties.—

(1) Whoever knowingly violates any provision of s. 494.00255(1)(a), (b), or (c) or s. 494.0025(1), (2), (3), (4), or (5), except as provided in subsection (2) of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each such violation constitutes a separate offense.

(2) Any person who violates any provision of this chapter, in which the total value of money and property unlawfully obtained exceeds $50,000 and there are five or more victims, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—ss. 9, 50, ch. 91-245; s. 4, ch. 91-429; s. 10, ch. 2009-241; s. 4, ch. 2018-61.

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Amendments to 494.0018

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 494.0018

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

S494.0018 1 - FRAUD - VIOLATE MORTGAGE BROKER LAW - F: T

S494.0018 2 - FRAUD - MORTG BROKER VIOL CH 494 GT $50K W 5+ VICTIMS - F: F

Cases Citing Statute 494.0018

Total Results: 2 | Sort by: Relevance | Newest First

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Mogavero v. State, 744 So. 2d 1048 (Fla. 4th DCA 1999).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 641796

...Thompson, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. Joseph G. Mogavero, Jr. appeals his conviction of two counts of acting as a mortgage broker without a license and two counts of collection of an advance fee by a loan broker. See §§ 494.0018, 494.0025(3), 687.141(1), Fla....

...utory definition. We affirm the two convictions under section 687.141(1) and the revocation of probation. The trial court was required to charge the jury on the elements of the crime of acting as a mortgage broker without a license. Reading sections 494.0018(1) and 494.0025(3) together, the crime charged was "knowingly" acting as a mortgage broker in Florida without a current, active license issued by the Department of Banking and Finance....

...The ordinary meaning of the term "knowledge" is "being aware of something," WEBSTER'S NINTH NEW COLLEGIATE DICTIONARY 665 (1988), or "awareness, as of a fact or circumstance." THE RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE UNABRIDGED 793 (1967). The use of the term "knowingly" in section 494.0018(1) requires that a defendant have actual knowledge or awareness that he is acting as a mortgage broker without a license....

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Amendments to Florida Rules of Crim. Procedure, 613 So. 2d 1307 (Fla. 1993).

Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

...on 231.06, ^chapters 784 and 836, section 843.01, and subsection 381.411(4). * * * * * * Category 6: Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142, section 415.111, chapter 443, section 493.3175, sections 494.0018, 496.413, and 496.417, chapter 509, subsection 517.301(l)(a), subsections 585.145(3) and 585.85(2), section 687.146, and chapters 812 (except section 812.13), 815, 817, 831, and 832....

...Section 192.037 — Escrow Accounts Section 206.56 — Theft of State Funds Section 370.142 — Lobster Trap Tags Section 415.11 — Abuse, Neglect or Exploitation of Aged Person or Disabled Adult Section 493.3175 — Sale of Property by a Licensee Section 494.0018 — Mortgage Brokers Section 496.413, 496.417 — Solicitation of Contributions Section 517.301(l)(a) — Fraudulent Securities Transactions Subsections 585.145(3), 585.85(2) — Veterinary Inspection Section 687.146 — Loan Brokers...

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