Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1252
       
       
       
       
       
       
                                Barcode 265458                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2012           .                                
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       The Committee on Regulated Industries (Jones) recommended the
       following:
       
    1         Senate Amendment to Amendment (495654) (with title
    2  amendment)
    3  
    4         Delete lines 156 - 221
    5  and insert:
    6         Section 7. Paragraphs (c) and (d) of subsection (1) are
    7  amended, and paragraph (y) of section 475.611 Florida Statutes,
    8  is created, to read:
    9         475.611 Definitions.-
   10         (1) As used in this part, the term:
   11         (c) ”Appraisal management company” means a person who
   12  performs appraisal management services regardless of the use of
   13  the term “appraisal management company,” “appraiser
   14  cooperative,” “appraiser portal,” “mortgage technology company,”
   15  or other term.
   16         (d) “Appraisal management services” means the coordination
   17  or management of appraisal services for compensation by:
   18         1. Employing, contracting with, or otherwise retaining one
   19  or more licensed or certified appraisers to perform appraisal
   20  services for a client; or
   21         2. Acting as a broker or intermediary between a client and
   22  one or more licensed or certified appraisers to facilitate the
   23  client’s employing, contracting with, or otherwise retaining the
   24  appraisers.
   25         (y) “Subsidiary” means an organization that is owned and
   26  controlled by a financial institution that is regulated by a
   27  Federal financial institution regulatory agency.
   28         Section 8. Subsection (4) of section 475.6171, Florida
   29  Statutes, is amended to read:
   30         475.6171 Issuance of registration or certification. –The
   31  registration or certification of an applicant may be issued upon
   32  receipt by the board of the following:
   33         (4) If required, proof of passing a written examination as
   34  specified in s. 475.616. No certification shall be issued based
   35  upon any examination results obtained more than 24 months after
   36  the date of examination.
   37         Section 9. Subsection (1) of section 475.6235, Florida
   38  Statutes, is amended, and subsection (9)(a) and (b) are added to
   39  that section, to read:
   40         475.6235 Registration of appraisal management companies
   41  required; exemptions.-
   42         (1) A person may not engage, or offer to engage, in
   43  appraisal management services for compensation in this state,
   44  advertise or represent herself or himself as an appraisal
   45  management company, or use the titles “appraisal management
   46  company,” “appraiser cooperative,” “appraiser portal,” or
   47  “mortgage technology company,” or any abbreviation or words to
   48  that effect, unless the person is registered with the department
   49  as an appraisal management company under this section.  However,
   50  an employee of an appraisal management company is not required
   51  to obtain a separate registration.
   52         (9) This section does not apply to:
   53         (a) any financial institution, as defined in s. 655.005,
   54         that owns and operates an internal appraisal office,
   55  business unit, or department; or
   56         (b) an appraisal management company that is a subsidiary
   57  owned and controlled by a financial institution, as defined in
   58  s. 655.005, regulated by a Federal financial institution
   59  regulatory agency.
   60         Section 10. Paragraph (v) is added to subsection (1) of
   61  section 475.6245, Florida Statutes, to read:
   62         475.6245 Discipline of appraisal management companies.-
   63         (1) The board may deny an application for registration of
   64  an appraisal management company; may investigate the actions of
   65  any appraisal management company registered under this part; may
   66  reprimand or impose an administrative fine not to exceed $5,000
   67  for each count or separate offense against any such appraisal
   68  management company; and may revoke or suspend, for a period not
   69  to exceed 10 years, the registration of any such appraisal
   70  management company, or place any such appraisal management
   71  company on probation, if the board finds that the appraisal
   72  management company or any person listed in s. 475.6235(2)(f):
   73         (v) Has required or attempted to require an appraiser to
   74  sign any indemnification agreement that would require the
   75  appraiser to hold harmless the appraisal management company or
   76  its owners, agents, employees, or independent contractors from
   77  any liability, damage, loss, or claim arising from the services
   78  performed by the appraisal management company or its owners,
   79  agents, employees, or independent contractors and not the
   80  services performed by the appraiser.
   81  
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete lines 332 - 333
   86  and insert:
   87         definition of the terms "appraisal management
   88         company", "appraisal management services", and
   89         "subsidiary"; amending s.