Effective January 1, 2010, it is unlawful for any person to .act as a mortgage broker. in Florida without a current, active Florida mortgage broker.s license. Sec. 494.0025(2), Fla. Stat. (2009). The definition of .act as a mortgage broker. is defined in Section 494.001, Florida Statutes, as: .. for compensation or gain, or in the expectation of compensation or gain, directly or indirectly, accepting or offering to accept an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a borrower, NEGOTIATING OR OFFERING TO NEGOTIATE THE TERMS OR CONDITION OF A NEW OR EXISTING MORTGAGE LOAN on behalf of a borrower or lender, or negotiating or offering to negotiate the sale of an existing mortgage loan to a noninstitutional investor.. {Emphasis added.} There are two basic exemption categories: (1) a Florida Bar licensed attorney may .negotiate the terms of a mortgage loan on behalf of a client as an ancillary matter to the attorney.s representation of the client.; and (2) a person making a mortgage loan using his or her own funds who does not hold himself or herself out to the public as being in the mortgage lending business. Therefore, with respect to the title agent.s business, unless you are a licensed mortgage broker or attorney representing a client in the negotiation of a short sale, you are prohibited from negotiating a short sale. Whoever knowingly violates these statutes commits a felony of the third degree. Each such violation constitutes a separate offense. Sec. 494.0018, Fla. Stat.