CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0318
Florida Senate - 1998 SB 318
By Senator Dyer
14-227-98
1 A bill to be entitled
2 An act relating to real estate appraisals;
3 amending s. 475.25, F.S.; providing
4 disciplinary action for violations of the
5 Uniform Standards of Professional Appraisal
6 Practice; amending s. 475.615, F.S.; providing
7 registration requirements for appraisers;
8 amending s. 475.264, F.S.; revising a ground
9 for disciplinary action to exempt licensees
10 from reporting certain violations; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (t) is added to subsection (1) of
16 section 475.25, Florida Statutes, to read:
17 475.25 Discipline.--
18 (1) The commission may deny an application for
19 licensure, registration, or permit, or renewal thereof; may
20 place a licensee, registrant, or permittee on probation; may
21 suspend a license, registration, or permit for a period not
22 exceeding 10 years; may revoke a license, registration, or
23 permit; may impose an administrative fine not to exceed $1,000
24 for each count or separate offense; and may issue a reprimand,
25 and any or all of the foregoing, if it finds that the
26 licensee, registrant, permittee, or applicant:
27 (t) Has violated any standard for the development or
28 communication of a real estate appraisal or other provision of
29 the Uniform Standards of Professional Appraisal Practice, as
30 defined in s. 475.611, as approved and adopted by the
31 Appraisal Standards Board of the Appraisal Foundation, as
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1 defined in s. 475.611. This paragraph does not apply to a real
2 estate broker or salesperson who, in the ordinary course of
3 business, performs a comparative market analysis.
4 Section 2. Section 475.615, Florida Statutes, is
5 amended to read:
6 475.615 Qualifications for registration, licensure, or
7 certification.--
8 (1) Any person desiring to act as a registered,
9 licensed, or certified appraiser must make application in
10 writing to the department in such form and detail as the board
11 shall prescribe. Each applicant must be at least 18 years of
12 age and hold a high school diploma or its equivalent. At the
13 time of application, a person must furnish evidence of
14 successful completion of required education and evidence of
15 required experience, if any.
16 (2) The board is authorized to waive or modify any
17 education, experience, or examination requirements established
18 in this section in order to conform with any such requirements
19 established by the Appraisal Qualifications Board of the
20 Appraisal Foundation and recognized by the Appraisal
21 Subcommittee or any successor body recognized by federal law.
22 (3) Appropriate fees, as set forth in the rules of the
23 board under s. 475.6147, must accompany all applications for
24 registration, licensure, and certification.
25 (4) If the applicant is currently a registered,
26 licensed, or certified appraiser and is making application to
27 obtain a different status of appraisal licensure, and if the
28 application is received by the department within 180 days
29 before or after the applicant's scheduled renewal, the charge
30 for the application shall be established by the rules of the
31 board under s. 475.6147.
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1 (5)(4) At the time of filing a notarized application
2 for registration, licensure, or certification, the applicant
3 must sign a pledge to comply with the Uniform Standards of
4 Professional Appraisal Practice upon registration, licensure,
5 or certification, and must indicate in writing that she or he
6 understands the types of misconduct for which disciplinary
7 proceedings may be initiated. The application shall expire 1
8 year from the date received, if the applicant for
9 registration, licensure, or certification fails to take the
10 appropriate examination.
11 (6)(5) All applicants must be competent and qualified
12 to make real estate appraisals with safety to those with whom
13 they may undertake a relationship of trust and confidence and
14 the general public. If any applicant has been denied
15 registration, licensure, or certification, or has been
16 disbarred, or the applicant's registration, license, or
17 certificate to practice or conduct any regulated profession,
18 business, or vocation has been revoked or suspended by this or
19 any other state, any nation, or any possession or district of
20 the United States, or any court or lawful agency thereof,
21 because of any conduct or practices which would have warranted
22 a like result under this section, or if the applicant has been
23 guilty of conduct or practices in this state or elsewhere
24 which would have been grounds for disciplining her or his
25 registration, license, or certification under this section had
26 the applicant then been registered, licensed, or certified,
27 the applicant shall be deemed not to be qualified unless,
28 because of lapse of time and subsequent good conduct and
29 reputation, or other reason deemed sufficient, it appears to
30 the board that the interest of the public is not likely to be
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1 endangered by the granting of registration, licensure, or
2 certification.
3 (7)(6) No applicant seeking to become registered,
4 licensed, or certified under this section may be rejected
5 solely by virtue of membership or lack of membership in any
6 particular appraisal organization.
7 Section 3. Subsection (1) of section 475.624, Florida
8 Statutes, is amended to read:
9 475.624 Discipline.--The board may deny an application
10 for registration, licensure, or certification; investigate the
11 actions of any appraiser registered, licensed, or certified
12 under this section; and may reprimand, fine, revoke, or
13 suspend, for a period not to exceed 10 years, the
14 registration, license, or certification of any such appraiser,
15 or place any such appraiser on probation if it finds that the
16 registrant, licensee, or certificateholder:
17 (1) Has violated any provisions of this part or of s.
18 455.227(1); however, licensees under this part are exempt from
19 the provisions of s. 455.227(1)(i).
20 Section 4. This act shall take effect July 1, 1998.
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23 SENATE SUMMARY
24 Provides that violations of the Uniform Standards of
Professional Appraisal Practice are grounds for
25 discipline. Revises application requirements for
obtaining a different status of appraisal licensure.
26 Revises a ground for disciplinary action by exempting
licensees from reporting certain violations.
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