House Bill 3211c1

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    Florida House of Representatives - 1998             CS/HB 3211

        By the Committees on Real Property & Probate, Business
    Regulation & Consumer Affairs and Representatives Ogles,
    Brown, Chestnut, Crist, Dockery and Lynn




  1                      A bill to be entitled

  2         An act relating to real estate; amending s.

  3         475.01, F.S.; revising definitions; amending s.

  4         475.15, F.S.; providing registration and

  5         licensing requirements for additional business

  6         entities; eliminating a conflicting provision

  7         relating to automatic cancellation of the

  8         registration of a real estate broker

  9         partnership; amending s. 475.17, F.S.;

10         providing additional requirements for licensure

11         as a real estate broker; amending s. 475.183,

12         F.S.; revising the period after which

13         involuntarily inactive licenses expire;

14         revising the time for the required notice to

15         the licensee; amending s. 475.25, F.S.;

16         revising a ground for disciplinary action to

17         exempt licensees from the reporting of certain

18         violators; providing that violations of certain

19         standards of the Appraisal Foundation are

20         grounds for the Florida Real Estate Commission

21         to deny, revoke, or suspend the license of, or

22         to fine, real estate brokers or salespersons;

23         reenacting s. 475.482(1), F.S., relating to

24         recovery from the Real Estate Recovery Fund, to

25         incorporate the amendment to s. 475.25, F.S.,

26         in a reference thereto; amending s. 475.272,

27         F.S.; deleting a provision that restricts a

28         real estate licensee to operating as a single

29         agent or as a transaction broker; amending s.

30         475.278, F.S.; revising provisions relating to

31         disclosure of authorized brokerage

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  1         relationships and the corresponding duties of

  2         real estate licensees; creating s. 475.279,

  3         F.S.; providing for the acceptance of facsimile

  4         signatures or writing; amending s. 475.451,

  5         F.S.; revising provisions relating to the

  6         permitting of instructors for proprietary real

  7         estate schools or state institutions; providing

  8         permit renewal requirements; revising

  9         references relating to examinations; amending

10         s. 475.452, F.S.; providing requirements

11         applicable to advance expenses, commissions, or

12         fees for brokers auctioning real property;

13         amending s. 475.484, F.S.; providing

14         applicability with respect to a conflict with

15         federal law in the disciplining of certain

16         licensees against whom a judgment has been paid

17         from the Real Estate Recovery Fund; creating s.

18         475.5016, F.S.; granting the department

19         authority to inspect and audit brokers and

20         brokerage offices; amending ss. 475.611 and

21         475.612, F.S.; redesignating registered

22         appraisers as registered assistant appraisers;

23         amending ss. 475.011, 475.616, 475.618,

24         475.619, 475.620, 475.622, 475.623, 475.626,

25         475.627, 475.628, 475.629, and 475.630, F.S.,

26         to conform and correct references; creating s.

27         475.6145, F.S.; providing for a seal for the

28         Florida Real Estate Appraisal Board to

29         authenticate its proceedings, records, and

30         acts; creating s. 475.6147, F.S.; providing a

31         separate section relating to establishment of

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  1         fees applicable to the regulation of real

  2         estate appraisers; amending s. 475.615, F.S.;

  3         revising provisions relating to qualifications

  4         for registration, licensure, or certification

  5         of appraisers; providing for a charge for

  6         application for a change in status of appraisal

  7         licensure; amending s. 475.617, F.S.; revising

  8         continuing education and experience

  9         requirements for real estate appraisers;

10         amending s. 475.624, F.S.; revising a ground

11         for disciplinary action to exempt licensees

12         from the reporting of certain violators;

13         creating s. 475.6295, F.S.; granting the

14         department authority to inspect appraisers and

15         appraisal offices; amending s. 553.991, F.S.;

16         limiting the purpose of the "Florida Building

17         Energy-Efficiency Rating Act" to providing for

18         a statewide uniform system for rating the

19         energy efficiency of buildings; amending s.

20         553.994, F.S.; deleting the schedule for

21         phasing in the rating system; amending s.

22         553.996, F.S.; requiring provision of an

23         information brochure to prospective purchasers

24         of certain real property; deleting a provision

25         authorizing such prospective purchasers to

26         receive a rating on the property upon request;

27         providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31

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  1         Section 1.  Paragraphs (a) and (g) of subsection (1) of

  2  section 475.01, Florida Statutes, are amended to read:

  3         475.01  Definitions.--

  4         (1)  As used in this part:

  5         (a)  "Broker" means a person who, for another, and for

  6  a compensation or valuable consideration directly or

  7  indirectly paid or promised, expressly or impliedly, or with

  8  an intent to collect or receive a compensation or valuable

  9  consideration therefor, appraises, auctions, sells, exchanges,

10  buys, rents, or offers, attempts or agrees to appraise,

11  auction, or negotiate the sale, exchange, purchase, or rental

12  of business enterprises or business opportunities or any real

13  property or any interest in or concerning the same, including

14  mineral rights or leases, or who advertises or holds out to

15  the public by any oral or printed solicitation or

16  representation that she or he is engaged in the business of

17  appraising, auctioning, buying, selling, exchanging, leasing,

18  or renting business enterprises or business opportunities or

19  real property of others or interests therein, including

20  mineral rights, or who takes any part in the procuring of

21  sellers, purchasers, lessors, or lessees of business

22  enterprises or business opportunities or the real property of

23  another, or leases, or interest therein, including mineral

24  rights, or who directs or assists in the procuring of

25  prospects or in the negotiation or closing of any transaction

26  which does, or is calculated to, result in a sale, exchange,

27  or leasing thereof, and who receives, expects, or is promised

28  any compensation or valuable consideration, directly or

29  indirectly therefor; and all persons who advertise rental

30  property information or lists.  A broker renders a

31  professional service and is a professional within the meaning

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  1  of s. 95.11(4)(a).  Where the term "appraise" or "appraising"

  2  appears in the definition of the term "broker," it

  3  specifically excludes those appraisal services which must be

  4  performed only by a state-licensed or state-certified

  5  appraiser, and those appraisal services which may be performed

  6  by a registered assistant appraiser as defined in part II.

  7  The term "broker" also includes any person who is a general

  8  partner, officer, or director of a partnership or corporation

  9  which acts as a broker.  The term "broker" also includes any

10  person or entity who undertakes to list or sell one or more

11  timeshare periods per year in one or more timeshare plans on

12  behalf of any number of persons, except as provided in ss.

13  475.011 and 721.20.

14         (g)  "First contact" means at the commencement of the

15  initial meeting of or communication between a licensee and a

16  seller or buyer; however, the term does not include:

17         1.  A bona fide "open house" or model home showing that

18  does not involve eliciting confidential information; the

19  execution of a contractual offer or an agreement for

20  representation; or negotiations concerning price, terms, or

21  conditions of a potential sale;

22         2.  Unanticipated casual encounters between a licensee

23  and a seller or buyer that do not involve eliciting

24  confidential information; the execution of a contractual offer

25  or an agreement for representation; or negotiations concerning

26  price, terms, or conditions of a potential sale;

27         3.  Responding to general factual questions from a

28  prospective buyer or seller concerning properties that have

29  been advertised for sale; or

30         4.  Situations in which a licensee's communications

31  with a customer are limited to providing general factual

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  1  information, oral or written, about the qualifications,

  2  background, and services of the licensee or the licensee's

  3  brokerage firm; or

  4         5.  Sales of new construction by the owner of the

  5  property or the owner's agents.

  6

  7  In any of the situations described in subparagraphs 1.-5.

  8  1.-4., "first contact" occurs when the communications between

  9  the licensee and the prospective seller or buyer proceed in

10  any way beyond the conditions or limitations described in

11  subparagraphs 1.-5. 1.-4.

12         Section 2.  Subsection (9) of section 475.011, Florida

13  Statutes, is amended to read:

14         475.011  Exemptions.--This part does not apply to:

15         (9)  Any person registered, licensed, or certified by

16  the department under part II as an appraiser or assistant

17  appraiser performing appraisals in accordance with that part.

18         Section 3.  Section 475.15, Florida Statutes, is

19  amended to read:

20         475.15  Registration and licensing of general partners,

21  members, officers, and directors of a firm.--Each partnership,

22  limited liability partnership, limited liability company, or

23  corporation which acts as a broker shall register with the

24  commission and shall renew the licenses or registrations of

25  its members, officers, and directors for each license period.

26  The registration of a partnership is canceled automatically

27  during any period of time that the license or registration of

28  any one or more of its partners is not in force. However, if

29  the partnership is a limited partnership, only the general

30  partners must be licensed brokers or brokerage corporations

31  registered pursuant to this part. If the license or

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  1  registration of at least one active broker member is not in

  2  force, the registration of a corporation, limited liability

  3  company, limited liability partnership, or partnership is

  4  canceled automatically during that period of time.

  5         Section 4.  Subsection (2) of section 475.17, Florida

  6  Statutes, is amended to read:

  7         475.17  Qualifications for practice.--

  8         (2)(a)  In addition to other requirements under this

  9  part, the commission may require the satisfactory completion

10  of one or more of the educational courses or equivalent

11  courses conducted, offered, sponsored, prescribed, or approved

12  pursuant to s. 475.04, taken at an accredited college,

13  university, or community college, at an area technical center,

14  or at a registered real estate school, as a condition

15  precedent for any person to become licensed or to renew her or

16  his license as a broker, broker-salesperson, or salesperson.

17  The course or courses required for one to become initially

18  licensed shall not exceed a total of 63 classroom hours of 50

19  minutes each, inclusive of examination, for a salesperson and

20  72 classroom hours of 50 minutes each, inclusive of

21  examination, for a broker. The satisfactory completion of an

22  examination administered by the accredited college,

23  university, or community college, by the area technical

24  center, or by the registered real estate school shall be the

25  basis for determining satisfactory completion of the course.

26  However, notice of satisfactory completion shall not be issued

27  if the student has absences in excess of 8 classroom hours.

28  Such required course or courses must be made available by

29  correspondence or other suitable means to any person who, by

30  reason of hardship, as defined by rule, cannot attend the

31  place or places where the course is regularly conducted.

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  1         (b)  A person may not be licensed as a real estate

  2  broker unless, in addition to the other requirements of law,

  3  the person has held:

  4         1.  An active real estate salesperson's license for at

  5  least 12 months during the preceding 5 years in the office of

  6  one or more real estate brokers licensed in this state or any

  7  other state, territory, or jurisdiction of the United States

  8  or in any foreign national jurisdiction;

  9         2.  A current and valid real estate salesperson's

10  license for at least 12 months during the preceding 5 years in

11  the employ of a governmental agency for a salary and

12  performing the duties authorized in this part for real estate

13  licensees; or

14         3.  A current and valid real estate broker's license

15  for at least 12 months during the preceding 5 years in any

16  other state, territory, or jurisdiction of the United States

17  or in any foreign national jurisdiction.

18

19  This paragraph does not apply to a person employed as a real

20  estate investigator by the Division of Real Estate, provided

21  the person has been employed as a real estate investigator for

22  at least 24 months. The person must be currently employed as a

23  real estate investigator to sit for the real estate broker's

24  examination and have held a valid and current salesperson's

25  license for at least 12 months.

26         (c)  A person who has been licensed as a real estate

27  salesperson in Florida during the preceding 5 years may not be

28  licensed as a real estate broker unless, in addition to the

29  other requirements of law, she or he has completed the

30  salesperson postlicensure educational requirements, if these

31

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  1  requirements have been prescribed by the commission pursuant

  2  to paragraph (3)(a).

  3         Section 5.  Subsection (2) of section 475.183, Florida

  4  Statutes, is amended to read:

  5         475.183  Inactive status.--

  6         (2)  Any license which has been involuntarily inactive

  7  for more than 2 4 years shall automatically expire.  Once a

  8  license expires, it becomes null and void without any further

  9  action by the commission or department.  Ninety days Two years

10  prior to expiration of the license, the department shall give

11  notice to the licensee.  The commission shall prescribe by

12  rule a fee not to exceed $100 for the late renewal of an

13  involuntarily inactive license.  The department shall collect

14  the current renewal fee for each renewal period in which the

15  license was involuntarily inactive in addition to any

16  applicable late renewal fee.

17         Section 6.  Paragraph (a) of subsection (1) of section

18  475.25, Florida Statutes, is amended, and paragraph (t) is

19  added to said subsection, to read:

20         475.25  Discipline.--

21         (1)  The commission may deny an application for

22  licensure, registration, or permit, or renewal thereof; may

23  place a licensee, registrant, or permittee on probation; may

24  suspend a license, registration, or permit for a period not

25  exceeding 10 years; may revoke a license, registration, or

26  permit; may impose an administrative fine not to exceed $1,000

27  for each count or separate offense; and may issue a reprimand,

28  and any or all of the foregoing, if it finds that the

29  licensee, registrant, permittee, or applicant:

30

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  1         (a)  Has violated any provision of s. 455.227(1) or of

  2  s. 475.42. However, licensees under this part are exempt from

  3  the provisions of s. 455.227(1)(i).

  4         (t)  Has violated any standard for the development or

  5  communication of a real estate appraisal or other provision of

  6  the Uniform Standards of Professional Appraisal Practice, as

  7  defined in s. 475.611, as approved and adopted by the

  8  Appraisal Standards Board of the Appraisal Foundation, as

  9  defined in s. 475.611. This paragraph does not apply to a real

10  estate broker or salesperson who, in the ordinary course of

11  business, performs a comparative market analysis. However, in

12  no event may this comparative market analysis be referred to

13  as an appraisal, as defined in s. 475.611.

14         Section 7.  For the purpose of incorporating the

15  amendment to section 475.25, Florida Statutes, in a reference

16  thereto, subsection (1) of section 475.482, Florida Statutes,

17  is reenacted to read:

18         475.482  Real Estate Recovery Fund.--There is created

19  the Florida Real Estate Recovery Fund as a separate account in

20  the Professional Regulation Trust Fund.

21         (1)  The Florida Real Estate Recovery Fund shall be

22  disbursed as provided in s. 475.484, on order of the

23  commission, as reimbursement to any person, partnership, or

24  corporation adjudged by a court of competent civil

25  jurisdiction in this state to have suffered monetary damages

26  by reason of any act committed, as a part of any real estate

27  brokerage transaction involving real property in this state,

28  by any broker or salesperson who:

29         (a)  Was, at the time the alleged act was committed,

30  the holder of a current, valid, active real estate license

31  issued under this part;

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  1         (b)  Was neither the seller, buyer, landlord, or tenant

  2  in the transaction nor an officer or a director of a

  3  corporation or a member of a partnership which was the seller,

  4  buyer, landlord, or tenant in the transaction; and

  5         (c)  Was acting solely in the capacity of a real estate

  6  licensee in the transaction;

  7

  8  provided the act was a violation proscribed in s. 475.25 or s.

  9  475.42.

10         Section 8.  Section 475.272, Florida Statutes, is

11  amended to read:

12         475.272  Purpose.--In order to eliminate confusion and

13  provide for a better understanding on the part of customers in

14  real estate transactions, the Legislature finds that the

15  intent of the Brokerage Relationship Disclosure Act is to

16  provide that:

17         (1)  Disclosed dual agency as an authorized form of

18  representation by a real estate licensee in this state is

19  expressly revoked;

20         (2)  Real estate licensees be required to disclose to

21  customers upon first contact in residential real estate

22  transactions that they are not and will not be represented by

23  a licensee in a real estate transaction unless they engage a

24  real estate licensee in an authorized form of representation,

25  either as a single agent or as a transaction broker;

26         (3)  Disclosure requirements for real estate licensees

27  relating to nonrepresentation and authorized forms of

28  brokerage representation are established;

29         (4)  Florida law provides that real estate licensees

30  will operate as single agents or in a limited representative

31  capacity known as transaction brokers;

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  1         (4)(5)  Single agents may represent either a buyer or a

  2  seller, but not both, in a real estate transaction; and

  3         (5)(6)  Transaction brokers provide a limited form of

  4  nonfiduciary representation to a buyer, a seller, or both in a

  5  real estate transaction.

  6         Section 9.  Section 475.278, Florida Statutes, is

  7  amended to read:

  8         475.278  Authorized brokerage relationships; required

  9  disclosures.--

10         (1)  AUTHORIZED BROKERAGE RELATIONSHIPS.--A real estate

11  licensee in this state may enter into a brokerage relationship

12  as either a single agent or as a transaction broker with

13  potential buyers and sellers. A real estate licensee may not

14  operate as a disclosed or nondisclosed dual agent. As used in

15  this section, the term "dual agent" means a broker who

16  represents as a fiduciary both the prospective buyer and the

17  prospective seller in a real estate transaction. Once a

18  brokerage relationship is established, this part does not

19  prevent a licensee from changing from one brokerage

20  relationship to the other as long as the buyer or the seller,

21  or both, gives consent as required by subparagraph (3)(c)2.

22  before the change and the appropriate disclosure of duties as

23  provided in this part is made to the buyer or seller. This

24  part does not require a customer to enter into a brokerage

25  relationship with any real estate licensee.

26         (2)  TRANSACTION BROKER RELATIONSHIP.--

27         (a)  Transaction broker - duties of limited

28  representation.--A transaction broker provides a limited form

29  of representation to a buyer, a seller, or both in a real

30  estate transaction but does not represent either in a

31  fiduciary capacity or as a single agent. The duties of the

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  1  real estate licensee in this limited form of representation

  2  include the following:

  3         1.  Dealing honestly and fairly;

  4         2.  Accounting for all funds;

  5         3.  Using skill, care, and diligence in the

  6  transaction;

  7         4.  Disclosing all known facts that materially affect

  8  the value of residential real property and are not readily

  9  observable to the buyer;

10         5.  Presenting all offers and counteroffers in a timely

11  manner, unless a party has previously directed the licensee

12  otherwise in writing;

13         6.  Limited confidentiality, unless waived in writing

14  by a party. This limited confidentiality will prevent

15  disclosure that the seller will accept a price less than the

16  asking or listed price, that the buyer will pay a price

17  greater than the price submitted in a written offer, of the

18  motivation of any party for selling or buying property, that a

19  seller or buyer will agree to financing terms other than those

20  offered, or of any other information requested by a party to

21  remain confidential; and

22         7.  Any additional duties that are mutually agreed to

23  with a party.

24         (b)  Disclosure requirements.--Duties of a transaction

25  broker must be fully described and disclosed in writing to a

26  buyer or seller either as a separate and distinct disclosure

27  document or included as part of another document such as a

28  listing agreement or agreement for representation. The

29  disclosure must be made before, or at the time of, entering

30  into a listing agreement or an agreement for representation.

31  When incorporated into other documents, the required notice

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  1  must be of the same size type, or larger, as other provisions

  2  of the document and must be conspicuous in its placement so as

  3  to advise customers of the duties of limited representation,

  4  except that the first sentence of the information identified

  5  in paragraph (c) must be printed in uppercase and bold type.

  6         (c)  Contents of disclosure.--The required notice given

  7  under paragraph (b) must include the following information in

  8  the following form:

  9

10                    TRANSACTION BROKER NOTICE

11

12  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

13  TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE

14  AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

15

16  As a transaction broker, ................ (insert name of Real

17  Estate Firm and its Associates), provides to you a limited

18  form of representation that includes the following duties:

19         1.  Dealing honestly and fairly;

20         2.  Accounting for all funds;

21         3.  Using skill, care, and diligence in the

22  transaction;

23         4.  Disclosing all known facts that materially affect

24  the value of residential real property and are not readily

25  observable to the buyer;

26         5.  Presenting all offers and counteroffers in a timely

27  manner, unless a party has previously directed the licensee

28  otherwise in writing;

29         6.  Limited confidentiality, unless waived in writing

30  by a party. This limited confidentiality will prevent

31  disclosure that the seller will accept a price less than the

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  1  asking or listed price, that the buyer will pay a price

  2  greater than the price submitted in a written offer, of the

  3  motivation of any party for selling or buying property, that a

  4  seller or buyer will agree to financing terms other than those

  5  offered, or of any other information requested by a party to

  6  remain confidential; and

  7         7.  Any additional duties that are entered into by this

  8  or by separate written agreement.

  9

10  Limited representation means that a buyer or seller is not

11  responsible for the acts of the licensee. Additionally,

12  parties are giving up their rights to the undivided loyalty of

13  the licensee. This aspect of limited representation allows a

14  licensee to facilitate a real estate transaction by assisting

15  both the buyer and the seller, but a licensee will not work to

16  represent one party to the detriment of the other party when

17  acting as a transaction broker to both parties.

18

19

20  ........                     ........................

21  Date                         Signature

22

23                               ........................

24                               Signature

25         (3)  SINGLE AGENT RELATIONSHIP.--

26         (a)  Single agent - duties.--The duties of a real

27  estate licensee owed to a buyer or seller who engages the real

28  estate licensee as a single agent include the following:

29         1.  Dealing honestly and fairly;

30         2.  Loyalty;

31         3.  Confidentiality;

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  1         4.  Obedience;

  2         5.  Full disclosure;

  3         6.  Accounting for all funds;

  4         7.  Skill, care, and diligence in the transaction; and

  5         8.  Presenting all offers and counteroffers in a timely

  6  manner, unless a party has previously directed the licensee

  7  otherwise in writing; and.

  8         9.  Disclosing all known facts that materially affect

  9  the value of residential real property and are not readily

10  observable.

11         (b)  Disclosure requirements.--

12         1.  Single agent disclosure.--Duties of a single agent

13  must be fully described and disclosed in writing to a buyer or

14  seller either as a separate and distinct disclosure document

15  or included as part of another document such as a listing

16  agreement or other agreement for representation. The

17  disclosure must be made before, or at the time of, entering

18  into a listing agreement or an agreement for representation.

19  When incorporated into other documents, the required notice

20  must be of the same size type, or larger, as other provisions

21  of the document and must be conspicuous in its placement so as

22  to advise customers of the duties of a single agent, except

23  that the first sentence of the information identified in

24  paragraph (c) must be printed in uppercase and bold type.

25         2.  Transition to transaction broker disclosure.--A

26  single agent relationship may be changed to a transaction

27  broker relationship at any time during the relationship

28  between an agent and principal, provided the agent gives the

29  disclosure required under paragraph (2)(b) and the principal

30  gives to the agent consent as required under subparagraph

31  (c)2. before a change in relationship. This disclosure must be

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  1  in writing to the principal either as a separate and distinct

  2  document or included as part of other documents such as a

  3  listing agreement or other agreements for representation. When

  4  incorporated into other documents, the required notice must be

  5  of the same size type, or larger, as other provisions of the

  6  document and must be conspicuous in its placement so as to

  7  advise customers of the duties of limited representation,

  8  except that the first sentence of the information identified

  9  in subparagraph (c)2. must be printed in uppercase and bold

10  type.

11         (c)  Contents of disclosure.--

12         1.  Single agent duties disclosure.--The notice

13  required under subparagraph (b)1. must include the following

14  information in the following form:

15

16                       SINGLE AGENT NOTICE

17

18  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

19  SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.

20

21         As a single agent, ................ (insert name of

22  Real Estate Entity and its Associates) owe to you the

23  following duties:

24         1.  Dealing honestly and fairly;

25         2.  Loyalty;

26         3.  Confidentiality;

27         4.  Obedience;

28         5.  Full disclosure;

29         6.  Accounting for all funds;

30         7.  Skill, care, and diligence in the transaction; and

31

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  1         8.  Presenting all offers and counteroffers in a timely

  2  manner, unless a party has previously directed the licensee

  3  otherwise in writing; and.

  4         9.  Disclosing all known facts that materially affect

  5  the value of residential real property and are not readily

  6  observable.

  7

  8

  9  ........                     ........................

10  Date                         Signature

11

12         2.  Transition disclosure.--The notice required under

13  subparagraph (b)2. must include the following information in

14  the following form as well as the information required in

15  paragraph (2)(c):

16

17           CONSENT TO TRANSITION TO TRANSACTION BROKER

18

19  FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER

20  OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT

21  RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER

22  FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE

23  TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO

24  BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP

25  CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.

26

27  ........I agree that my agent may assume the role and duties

28  of a transaction broker. [must be initialed or signed]

29

30

31

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  1         (4)  NO BROKERAGE RELATIONSHIP - DUTIES.--A real estate

  2  licensee owes to a customer with whom the licensee has no

  3  brokerage relationship the following duties:

  4         (a)  Dealing honestly and fairly;

  5         (b)  Disclosing all known facts that materially affect

  6  the value of the residential real property which are not

  7  readily observable to the buyer; and

  8         (c)  Accounting for all funds entrusted to the

  9  licensee.

10         Section 10.  Section 475.279, Florida Statutes, is

11  created to read:

12         475.279  Facsimile signatures or writing

13  accepted.--When any act performed under this part must be

14  performed in writing or acknowledged with a signature, the

15  provision of an instrument or writing by electronic means or

16  facsimile, including a signature transmitted by electronic

17  means or facsimile, is binding and sufficient.

18         Section 11.  Section 475.451, Florida Statutes, is

19  amended to read:

20         475.451  Schools teaching real estate practice.--

21         (1)  Each person, school, or institution, except

22  approved and accredited colleges, universities, community

23  colleges, and area technical centers in this state, which

24  offers or conducts any course of study in real estate

25  practice, teaches any course prescribed by the commission as a

26  condition precedent to licensure or renewal of licensure as a

27  broker or salesperson, or teaches any course designed or

28  represented to enable or assist applicants for licensure as

29  brokers or salespersons to pass examinations for such

30  licensure conducted by the department shall, before commencing

31  or continuing further to offer or conduct such course or

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  1  courses, obtain a permit from the department and abide by the

  2  regulations imposed upon such person, school, or institution

  3  by this chapter and rules of the commission adopted pursuant

  4  to this chapter.  The exemption for colleges, universities,

  5  community colleges, and area technical centers is limited to

  6  transferable college credit courses offered by such

  7  institutions.

  8         (2)  An applicant for a permit to operate a proprietary

  9  real estate school, to be a chief administrator of a

10  proprietary real estate school or a state institution, or to

11  be an instructor for a proprietary real estate school or a

12  state institution must meet the qualifications for practice

13  set forth in s. 475.17(1) and the following minimal

14  requirements:

15         (a)  "School permitholder" means the is defined as that

16  individual who is responsible for directing the overall

17  operation of a proprietary real estate school.  A school

18  permitholder She or he must be the holder of a license as a

19  broker, either active or voluntarily inactive, or must have

20  passed an instructor's examination approved by the commission

21  administered by the department.  A school permitholder must

22  also meet the requirements of a school instructor if she or he

23  is actively engaged in teaching.

24         (b)  "Chief administrative person" means the is defined

25  as that individual who is responsible for the administration

26  of the overall policies and practices of the institution or

27  proprietary real estate school. A chief administrative person

28  She or he must also meet the requirements of a school

29  instructor if she or he is actively engaged in teaching.

30         (c)  "School instructor" means an is defined as that

31  individual who actively instructs persons in the classroom in

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  1  noncredit college courses in a college, university, or

  2  community college or courses in an area technical center or

  3  proprietary real estate school.

  4         1.  Before commencing to provide such instruction, the

  5  applicant instruct noncredit college courses in a college,

  6  university, or community college, or courses in an area

  7  technical center or proprietary real estate school, she or he

  8  must certify the applicant's her or his competency and obtain

  9  an instructor permit by meeting one of the following

10  requirements:

11         a.  Hold a bachelor's degree in a business-related

12  subject, such as real estate, finance, accounting, business

13  administration, or its equivalent and hold a valid broker's

14  license in this state.

15         b.  Hold a bachelor's degree, have extensive real

16  estate experience, as defined by rule, and hold a valid

17  broker's license in this state.

18         c.  Pass an instructor's examination approved by the

19  commission administered by the Division of Real Estate.

20         2.  Any requirement by the commission for a teaching

21  demonstration or practical examination must apply to all

22  school instructor applicants.

23         3.  The department shall renew an instructor permit

24  upon receipt of a renewal application and fee. The renewal

25  application shall include proof that the permitholder has,

26  since the issuance or renewal of the current permit, Every

27  second year, each instructor must recertify her or his

28  competency by presenting to the commission evidence of her or

29  his having successfully completed a minimum of 15 classroom

30  hours of instruction in real estate subjects or instructional

31  techniques, as prescribed by the commission. The commission

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  1  shall adopt rules providing for the renewal of instructor

  2  permits at least every 2 years. Any permit which is not

  3  renewed at the end of the permit period established by the

  4  department shall automatically revert to involuntarily

  5  inactive status.

  6

  7  The department may require an applicant to submit names of

  8  persons having knowledge concerning the applicant and the

  9  enterprise; may propound interrogatories to such persons and

10  to the applicant concerning the character of the applicant,

11  including the taking of fingerprints for processing through

12  the Federal Bureau of Investigation; and shall make such

13  investigation of the applicant or the school or institution as

14  it may deem necessary to the granting of the permit. If an

15  objection is filed, it shall be considered in the same manner

16  as objections or administrative complaints against other

17  applicants for licensure by the department.

18         (3)  It is unlawful for any person, school, or

19  institution to offer the courses described in subsection (1)

20  or to conduct classes in such courses, regardless of the

21  number of pupils, whether by correspondence or otherwise,

22  without first procuring a permit, or to guarantee that its

23  pupils will pass any examinations required for licensure given

24  by the department, or to represent that the issuance of a

25  permit is any recommendation or endorsement of the person,

26  school, or institution to which it is issued or of any course

27  of instruction given thereunder.

28         (4)  Any person who violates this section commits is

29  guilty of a misdemeanor of the second degree, punishable as

30  provided in s. 775.082 or s. 775.083.

31

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  1         (5)  The location of classes and frequency of class

  2  meetings shall be in the discretion of the school offering

  3  real estate courses, so long as such courses conform to s.

  4  475.17(2).

  5         (6)  Any course prescribed by the commission as a

  6  condition precedent to any person's becoming initially

  7  licensed as a salesperson may be taught in any real estate

  8  school through the use of a video tape of instruction by a

  9  currently permitted licensed instructor from any such school.

10  The commission may require that any such video tape course

11  have a single session of live instruction by a currently

12  permitted licensed instructor from any such school; however,

13  this requirement shall not exceed 3 classroom hours.  All

14  other prescribed courses, except the continuing education

15  course required by s. 475.182, shall be taught by a currently

16  permitted licensed school instructor personally in attendance

17  at such course.  The continuing education course required by

18  s. 475.182 may be taught by an equivalent correspondence

19  course; however, any such course of correspondence shall be

20  required to have a final examination, prepared and

21  administered by the school issuing the correspondence course.

22  The continuing education requirements provided in this section

23  or provided in any other section in this chapter do not apply

24  with respect to any attorney who is otherwise qualified under

25  the provisions of this chapter.

26         (7)  Any person holding a school instructor permit on

27  October 1, 1983, is exempt from the instructor examination

28  requirements of paragraph (2)(c) as long as the person

29  continuously holds such a permit and complies with all other

30  requirements of this chapter.

31

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  1         (8)  A permitholder under pursuant to this section may

  2  be issued additional permits whenever it is clearly shown that

  3  the requested additional permits are necessary to the conduct

  4  of the business of a real estate school and that the

  5  additional permits will not be used in a manner likely to be

  6  prejudicial to any person, including a licensee or a

  7  permitholder under this chapter.

  8         Section 12.  Subsection (6) is added to section

  9  475.452, Florida Statutes, to read:

10         475.452  Advance fees; deposit; accounting; penalty;

11  damages.--

12         (6)  This section does not apply to a real estate

13  broker auctioning real property if in advance of the auction

14  the broker and seller have entered into a written agreement

15  specifically providing for anticipated expenses to be incurred

16  and paid. However, any trust funds received by the broker in

17  advance of the auction may not be disbursed or otherwise used

18  as an advance commission or fee for services without first

19  having complied with the provisions of this subsection.

20         Section 13.  Subsection (7) of section 475.484, Florida

21  Statutes, is amended to read:

22         475.484  Payment from the fund.--

23         (7)  Upon the payment of any amount from the Real

24  Estate Recovery Fund in settlement of a claim in satisfaction

25  of a judgment against a broker or salesperson as described in

26  s. 475.482(1), the license of such broker or salesperson shall

27  be automatically suspended upon the date of payment from the

28  fund. The license of such broker or salesperson may not be

29  reinstated until the licensee has repaid in full, plus

30  interest, the amount paid from the fund. No further

31  administrative action is necessary. A discharge of bankruptcy

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  1  does not relieve a licensee from the penalties and

  2  disabilities provided in this section, except to the extent

  3  that this subsection conflicts with 11 U.S.C. s. 525, in which

  4  case the commission may order the license not to be suspended

  5  or otherwise discriminated against.

  6         Section 14.  Section 475.5016, Florida Statutes, is

  7  created to read:

  8         475.5016  Authority to inspect and audit.--Duly

  9  authorized agents and employees of the department shall have

10  the power to inspect and audit in a lawful manner at all

11  reasonable hours any broker or brokerage office licensed under

12  this chapter, for the purpose of determining if any of the

13  provisions of this chapter, chapter 455, or any rule

14  promulgated under authority of either chapter is being

15  violated.

16         Section 15.  Paragraphs (a), (e), and (l) of subsection

17  (1) and subsection (2) of section 475.611, Florida Statutes,

18  are amended to read:

19         475.611  Definitions.--

20         (1)  As used in this part, the term:

21         (a)  "Appraisal" or "appraisal services" means the

22  services provided by certified or, licensed appraisers, or

23  registered assistant appraisers, and includes:

24         1.  "Appraisal assignment" denotes an engagement for

25  which a person is employed or retained to act, or could be

26  perceived by third parties or the public as acting, as an

27  agent or a disinterested third party in rendering an unbiased

28  analysis, opinion, review, or conclusion relating to the

29  nature, quality, value, or utility of specified interests in,

30  or aspects of, identified real property.

31

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  1         2.  "Analysis assignment" denotes appraisal services

  2  that relate to the employer's or client's individual needs or

  3  investment objectives and includes specialized marketing,

  4  financing, and feasibility studies as well as analyses,

  5  opinions, and conclusions given in connection with activities

  6  such as real estate brokerage, mortgage banking, or real

  7  estate counseling.

  8         (e)  "Appraiser" means any person who is a registered

  9  assistant real estate appraiser, licensed real estate

10  appraiser, or a certified real estate appraiser.  An appraiser

11  renders a professional service and is a professional within

12  the meaning of s. 95.11(4)(a).

13         (l)  "Registered assistant appraiser" means a person

14  who is registered with the department as qualified to perform

15  appraisal services under the supervision of a licensed or

16  certified appraiser.

17         (2)  Wherever the word "operate" or "operating" appears

18  in this part with respect to a registered assistant appraiser,

19  licensed appraiser, or certified appraiser; in any order,

20  rule, or regulation of the board; in any pleading, indictment,

21  or information under this part section; in any court action or

22  proceeding; or in any order or judgment of a court, it shall

23  be deemed to mean the commission of one or more acts described

24  in this part section as constituting or defining a registered

25  assistant appraiser, licensed appraiser, or certified

26  appraiser, not including, however, any of the exceptions

27  stated therein.  A single act is sufficient to bring a person

28  within the meaning of this subsection section, and each act,

29  if prohibited herein, constitutes a separate offense.

30         Section 16.  Section 475.612, Florida Statutes, is

31  amended to read:

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  1         475.612  Certification, or licensure, or registration

  2  required.--

  3         (1)  A person may not use the title "certified real

  4  estate appraiser," "licensed real estate appraiser," or

  5  "registered assistant real estate appraiser," or any

  6  abbreviation or words to that effect, or issue an appraisal

  7  report in connection with any federally related transaction,

  8  unless such person is certified, licensed, or registered by

  9  the department under pursuant to this part section.  However,

10  the work upon which an appraisal report is based may be

11  performed by a person who is not a certified or, licensed

12  appraiser, or registered assistant appraiser if the report is

13  approved and signed by a certified or licensed appraiser.

14         (2)  This section does not preclude a broker,

15  salesperson, or broker-salesperson who is not a certified or,

16  licensed real estate appraiser, or registered assistant real

17  estate appraiser from appraising real estate for compensation.

18  Such persons may continue to provide appraisals and appraisal

19  services for compensation so long as they do not represent

20  themselves as certified, or licensed, or registered under this

21  part section.

22         (3)  This section does shall not apply to a real estate

23  broker or salesperson who, in the ordinary course of business,

24  performs a comparative market analysis and/or gives an opinion

25  of the value of real estate.  However, in no event may this

26  opinion be referred to or construed as an appraisal.

27         (4)  This section does shall not prevent any state

28  court or administrative law judge from certifying as an expert

29  witness in any legal or administrative proceeding an appraiser

30  who is not certified, licensed, or registered; nor does shall

31

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  1  it prevent any appraiser from testifying, with respect to the

  2  results of an appraisal.

  3         (5)  This section does shall not apply to any full-time

  4  graduate student who is enrolled in a degree program in

  5  appraising at a college or university in this state, if the

  6  student is acting under the direct supervision of a certified

  7  or licensed appraiser or licensed broker and is engaged only

  8  in appraisal activities related to the approved degree

  9  program. Any appraisal report by the student must be issued in

10  the name of the supervising individual.

11         (6)  This section does shall not apply to any employee

12  of a local, state, or federal agency who performs appraisal

13  services within the scope of her or his employment. However,

14  this exemption does shall not apply where any local, state, or

15  federal agency requires an employee to be registered,

16  licensed, or certified to perform appraisal services.

17         Section 17.  Section 475.6145, Florida Statutes, is

18  created to read:

19         475.6145  Seal.--The board shall adopt a seal by which

20  it shall authenticate its proceedings, records, and acts.

21  Copies of the proceedings, records, and acts of the board, and

22  certificates purporting to relate the facts concerning such

23  proceedings, records, and acts, which are signed by the board

24  chair, the custodian of such records, or any other person

25  authorized to make such certification and which are

26  authenticated by such seal, shall be prima facie evidence of

27  such proceedings, records, and acts in all courts of this

28  state.

29         Section 18.  Section 475.6147, Florida Statutes, is

30  created to read:

31         475.6147  Fees.--

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  1         (1)  The board by rule may establish fees to be paid

  2  for application, licensing and renewal, certification and

  3  recertification, reinstatement, and recordmaking and

  4  recordkeeping. The fee for initial application may not exceed

  5  $150, and the combined cost of the application and examination

  6  may not exceed $300. The initial license fee and the license

  7  renewal fee may not exceed $150 for each year of the duration

  8  of the license. The board may also establish by rule a late

  9  renewal penalty. The board shall establish fees which are

10  adequate to ensure its continued operation. Fees shall be

11  based on estimates made by the department of the revenue

12  required to implement this part and other provisions of law

13  relating to the regulation of real estate appraisers.

14         (2)  Application and license fees shall be refunded

15  upon a determination by the board that the state is not

16  entitled to the fees or that only a portion of the resources

17  have been expended in the processing of the application or

18  shall be refunded if for any other reason the application is

19  not completely processed. The board shall implement this

20  subsection by rule.

21         Section 19.  Section 475.615, Florida Statutes, is

22  amended to read:

23         475.615  Qualifications for registration, licensure, or

24  certification.--

25         (1)  Any person desiring to act as a registered

26  assistant appraiser or as a, licensed, or certified appraiser

27  must make application in writing to the department in such

28  form and detail as the board shall prescribe.  Each applicant

29  must be at least 18 years of age and hold a high school

30  diploma or its equivalent.  At the time of application, a

31  person must furnish evidence of successful completion of

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  1  required education and evidence of required experience, if

  2  any.

  3         (2)  The board is authorized to waive or modify any

  4  education, experience, or examination requirements established

  5  in this section in order to conform with any such requirements

  6  established by the Appraisal Qualifications Board of the

  7  Appraisal Foundation and recognized by the Appraisal

  8  Subcommittee or any successor body recognized by federal law.

  9         (3)  Appropriate fees, as set forth in the rules of the

10  board pursuant to s. 475.6147, and fingerprints for processing

11  through appropriate law enforcement agencies must accompany

12  all applications for registration, licensure, and

13  certification.

14         (4)  In the event that the applicant is currently a

15  registered assistant appraiser or a licensed or certified

16  appraiser and is making application to obtain a different

17  status of appraisal licensure, should such application be

18  received by the department within 180 days prior to through

19  180 days after the applicant's scheduled renewal, the charge

20  for the application shall be established by the rules of the

21  board pursuant to s. 475.6147.

22         (5)(4)  At the time of filing a notarized application

23  for registration, licensure, or certification, the applicant

24  must sign a pledge to comply with the Uniform Standards of

25  Professional Appraisal Practice upon registration, licensure,

26  or certification, and must indicate in writing that she or he

27  understands the types of misconduct for which disciplinary

28  proceedings may be initiated. The application shall expire 1

29  year from the date received, if the applicant for

30  registration, licensure, or certification fails to take the

31  appropriate examination.

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  1         (6)(5)  All applicants must be competent and qualified

  2  to make real estate appraisals with safety to those with whom

  3  they may undertake a relationship of trust and confidence and

  4  the general public.  If any applicant has been denied

  5  registration, licensure, or certification, or has been

  6  disbarred, or the applicant's registration, license, or

  7  certificate to practice or conduct any regulated profession,

  8  business, or vocation has been revoked or suspended by this or

  9  any other state, any nation, or any possession or district of

10  the United States, or any court or lawful agency thereof,

11  because of any conduct or practices which would have warranted

12  a like result under this part section, or if the applicant has

13  been guilty of conduct or practices in this state or elsewhere

14  which would have been grounds for disciplining her or his

15  registration, license, or certification under this part

16  section had the applicant then been a registered assistant

17  appraiser or a, licensed, or certified appraiser, the

18  applicant shall be deemed not to be qualified unless, because

19  of lapse of time and subsequent good conduct and reputation,

20  or other reason deemed sufficient, it appears to the board

21  that the interest of the public is not likely to be endangered

22  by the granting of registration, licensure, or certification.

23         (7)(6)  No applicant seeking to become registered,

24  licensed, or certified under this part section may be rejected

25  solely by virtue of membership or lack of membership in any

26  particular appraisal organization.

27         Section 20.  Subsections (3) and (4) of section

28  475.616, Florida Statutes, are amended to read:

29         475.616  Examination requirements.--To be licensed or

30  certified as an appraiser, the applicant must demonstrate, by

31  passing a written examination, that she or he possesses:

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  1         (3)  An understanding of the standards for the

  2  development and communication of real estate appraisals as

  3  provided in this part section.

  4         (4)  An understanding of the types of misconduct for

  5  which disciplinary proceedings may be initiated against a

  6  licensed or certified appraiser, as set forth in this part

  7  section.

  8         Section 21.  Section 475.617, Florida Statutes, is

  9  amended to read:

10         475.617  Education and experience requirements.--

11         (1)  To be registered as an assistant appraiser, an

12  applicant must present evidence satisfactory to the board that

13  she or he has successfully completed at least up to 75 hours

14  of approved academic courses in subjects related to real

15  estate appraisal, which shall include coverage of the Uniform

16  Standards of Professional Appraisal Practice from a nationally

17  recognized or state-recognized appraisal organization, area

18  technical center, accredited community college, college, or

19  university, state or federal agency or commission, or

20  proprietary real estate school that holds a permit pursuant to

21  s. 475.451. The board may increase the required number of

22  hours to not more than 100 hours. A classroom hour is defined

23  as 50 minutes out of each 60-minute segment. Past courses may

24  be approved on an hour-for-hour basis.

25         (2)  To be licensed as an appraiser, an applicant must

26  present evidence satisfactory to the board that she or he:

27         (a)  Has 2 years of experience in real property

28  appraisal as defined by rule.

29         (b)  Has successfully completed at least 90 75

30  classroom hours, inclusive of examination, of approved

31  academic courses in subjects related to real estate appraisal,

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  1  which shall include coverage of the Uniform Standards of

  2  Professional Appraisal Practice from a nationally recognized

  3  or state-recognized appraisal organization, area technical

  4  center, accredited community college, college, or university,

  5  state or federal agency or commission, or proprietary real

  6  estate school that holds a permit pursuant to s. 475.451. The

  7  board may increase the required number of hours to not more

  8  than 120 hours. A classroom hour is defined as 50 minutes out

  9  of each 60-minute segment. Past courses may be approved by the

10  board and substituted on an hour-for-hour basis.

11         (3)  To be certified as a residential appraiser, an

12  applicant must present satisfactory evidence to the board that

13  she or he:

14         (a)  Has 2,500 hours 2 years of experience obtained

15  over a 24-month period in real property appraisal as defined

16  by rule.

17         (b)  Has successfully completed at least 120 up to 165

18  classroom hours, inclusive of examination, of approved

19  academic courses in subjects related to real estate appraisal,

20  which shall include coverage of the Uniform Standards of

21  Professional Appraisal Practice from a nationally recognized

22  or state-recognized appraisal organization, area technical

23  center, accredited community college, college, or university,

24  state or federal agency or commission, or proprietary real

25  estate school that holds a permit pursuant to s. 475.451. The

26  board may increase the required number of hours to not more

27  than 165 hours. A classroom hour is defined as 50 minutes out

28  of each 60-minute segment. Past courses may be approved by the

29  board and substituted on an hour-for-hour basis.

30

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  1         (4)  To be certified as a general appraiser, an

  2  applicant must present evidence satisfactory to the board that

  3  she or he:

  4         (a)  Has 3,000 hours 2 years of experience obtained

  5  over a 30-month period in real property appraisal as defined

  6  by rule.

  7         (b)  Has successfully completed at least 180 165

  8  classroom hours, inclusive of examination, of approved

  9  academic courses in subjects related to real estate appraisal,

10  which shall include coverage of the Uniform Standards of

11  Professional Appraisal Practice from a nationally recognized

12  or state-recognized appraisal organization, area technical

13  center, accredited community college, college, or university,

14  state or federal agency or commission, or proprietary real

15  estate school that holds a permit pursuant to s. 475.451. The

16  board may increase the required number of hours to not more

17  than 225 hours. A classroom hour is defined as 50 minutes out

18  of each 60-minute segment. Past courses may be approved by the

19  board and substituted on an hour-for-hour basis.

20         (5)  Each applicant must furnish, under oath, a

21  detailed statement of the experience for each year of

22  experience she or he claims.  Upon request, the applicant

23  shall furnish to the board, for its examination, copies of

24  appraisal reports or file memoranda to support the claim for

25  experience.

26         Section 22.  Subsection (4) of section 475.618, Florida

27  Statutes, is amended to read:

28         475.618  Renewal of registration, license,

29  certification, or instructor permit; continuing education.--

30         (4)  At least 60 days prior to the end of the

31  registration, license, certification, or instructor permit

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  1  period, the department shall cause to be mailed a notice of

  2  renewal and possible reversion to the last known address of

  3  the registered assistant registrant, licensee,

  4  certificateholder, or permitholder.

  5         Section 23.  Subsection (2) of section 475.619, Florida

  6  Statutes, is amended to read:

  7         475.619  Inactive status.--

  8         (2)  Any registration, license, or certification which

  9  has been inactive for more than 4 years shall automatically

10  expire. Once a registration, license, or certification

11  expires, it becomes null and void without any further action

12  by the board or department.  Two years prior to the expiration

13  of the registration, license, or certification, the department

14  shall give notice by mail to the registered assistant

15  registrant, licensee, or certificateholder at her or his last

16  known address.  The board shall prescribe by rule a fee not to

17  exceed $100 for the late renewal of an inactive registration,

18  license, or certification.  The department shall collect the

19  current renewal fee for each renewal period in which the

20  registration, license, or certification was inactive, in

21  addition to any applicable late renewal fee.

22         Section 24.  Section 475.620, Florida Statutes, is

23  amended to read:

24         475.620  Corporations and partnerships ineligible for

25  licensure or certification.--

26         (1)  A license or certification may not be issued under

27  this part section to a corporation, partnership, firm, or

28  group. However, an appraiser licensed or certified under this

29  part section may provide an appraisal report for or on behalf

30  of a corporation, partnership, firm, or group, if the report

31

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  1  is prepared by, or under the personal direction of, such

  2  appraiser and is reviewed and signed by her or him.

  3         (2)  The term "state-registered assistant appraiser,"

  4  "state-licensed appraiser," or "state-certified appraiser" may

  5  only be used to refer to an individual who is registered,

  6  licensed, or certified under this part section and may not be

  7  used following or immediately in connection with the name or

  8  signature of a corporation, partnership, firm, or group, or in

  9  such manner that it could be interpreted as implying

10  registration, licensure, or certification under this part

11  section of a corporation, partnership, firm, or group, or

12  anyone other than an individual appraiser. Corporations,

13  partnerships, firms, or groups which employ certified or,

14  licensed appraisers, or registered assistant appraisers who

15  provide appraisal reports, as defined by this part section,

16  may represent to the public and advertise that they offer

17  appraisals performed by registered, licensed, or certified

18  appraisers.

19         Section 25.  Section 475.622, Florida Statutes, is

20  amended to read:

21         475.622  Display and disclosure of licensure, or

22  certification, or registration.--

23         (1)  Each appraiser registered, licensed, or certified

24  under this part section shall place her or his registration,

25  license, or certification number adjacent to or immediately

26  beneath the designation "state-registered assistant real

27  estate appraiser," "state-licensed real estate appraiser,"

28  "state-certified residential real estate appraiser," or

29  "state-certified general real estate appraiser," or their

30  appropriate abbreviations as defined by rule, as applicable,

31  when such term is used in an appraisal report or in a contract

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  1  or other instrument used by the appraiser in conducting real

  2  property appraisal activities.  The applicable designation

  3  shall be included in any newspaper, telephone directory, or

  4  other advertising medium, as defined by rule, used by the

  5  appraiser.

  6         (2)  A registered assistant appraiser or, licensed, or

  7  certified appraiser may not sign any appraisal report or

  8  communicate same without disclosing in writing that she or he

  9  is a state-registered assistant appraiser or, state-licensed,

10  state-certified residential, or state-certified general

11  appraiser, as applicable, even if the appraisal performed is

12  outside of the scope of the appraiser's registration,

13  licensure, or certification as an appraiser.

14         Section 26.  Section 475.623, Florida Statutes, is

15  amended to read:

16         475.623  Registration of office location.--Each

17  appraiser registered, licensed, or certified under this part

18  section shall furnish in writing to the department each

19  business address from which she or he operates in the

20  performance of appraisal services. Each appraiser must notify

21  the department of any change of address within 10 days on a

22  form provided by the department.

23         Section 27.  Section 475.624, Florida Statutes, is

24  amended to read:

25         475.624  Discipline.--The board may deny an application

26  for registration, licensure, or certification; may investigate

27  the actions of any appraiser registered, licensed, or

28  certified under this part section; and may reprimand or impose

29  an administrative, fine not to exceed $5,000 for each count or

30  separate offense against any such appraiser; and may, revoke,

31  or suspend, for a period not to exceed 10 years, the

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  1  registration, license, or certification of any such appraiser,

  2  or place any such appraiser on probation, if it finds that the

  3  registered assistant registrant, licensee, or

  4  certificateholder:

  5         (1)  Has violated any provisions of this part or of s.

  6  455.227(1); however, licensees under this part are exempt from

  7  the provisions of s. 455.227(1)(i).

  8         (2)  Has been guilty of fraud, misrepresentation,

  9  concealment, false promises, false pretenses, dishonest

10  conduct, culpable negligence, or breach of trust in any

11  business transaction in this state or any other state, nation,

12  or territory; has violated a duty imposed upon her or him by

13  law or by the terms of a contract, whether written, oral,

14  express, or implied, in an appraisal assignment; has aided,

15  assisted, or conspired with any other person engaged in any

16  such misconduct and in furtherance thereof; or has formed an

17  intent, design, or scheme to engage in such misconduct and

18  committed an overt act in furtherance of such intent, design,

19  or scheme.  It is immaterial to the guilt of the registered

20  assistant registrant, licensee, or certificateholder that the

21  victim or intended victim of the misconduct has sustained no

22  damage or loss; that the damage or loss has been settled and

23  paid after discovery of the misconduct; or that such victim or

24  intended victim was a customer or a person in confidential

25  relation with the registered assistant registrant, licensee,

26  or certificateholder, or was an identified member of the

27  general public.

28         (3)  Has advertised services in a manner which is

29  fraudulent, false, deceptive, or misleading in form or

30  content.

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  1         (4)  Has violated any of the provisions of this section

  2  or any lawful order or rule issued under the provisions of

  3  this section or chapter 455.

  4         (5)  Has been convicted or found guilty of, or entered

  5  a plea of nolo contendere to, regardless of adjudication, a

  6  crime in any jurisdiction which directly relates to the

  7  activities of a registered assistant appraiser or, licensed,

  8  or certified appraiser, or which involves moral turpitude or

  9  fraudulent or dishonest conduct. The record of a conviction

10  certified or authenticated in such form as admissible in

11  evidence under the laws of the state shall be admissible as

12  prima facie evidence of such guilt.

13         (6)  Has had a registration, license, or certification

14  as an appraiser revoked, suspended, or otherwise acted

15  against, or has been disbarred, or has had her or his

16  registration, license, or certificate to practice or conduct

17  any regulated profession, business, or vocation revoked or

18  suspended by this or any other state, any nation, or any

19  possession or district of the United States, or has had an

20  application for such registration, licensure, or certification

21  to practice or conduct any regulated profession, business, or

22  vocation denied by this or any other state, any nation, or any

23  possession or district of the United States.

24         (7)  Has become temporarily incapacitated from acting

25  as an appraiser with safety to those in a fiduciary

26  relationship with her or him because of drunkenness, use of

27  drugs, or temporary mental derangement; however, suspension of

28  a license, or certification, or registration in such cases

29  shall only be for the period of such incapacity.

30         (8)  Is confined in any county jail, postadjudication;

31  is confined in any state or federal prison or mental

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  1  institution; or, through mental disease or deterioration, can

  2  no longer safely be entrusted to deal with the public or in a

  3  confidential capacity.

  4         (9)  Has failed to inform the board in writing within

  5  30 days after pleading guilty or nolo contendere to, or being

  6  convicted or found guilty of, any felony.

  7         (10)  Has been found guilty, for a second time, of any

  8  misconduct that warrants disciplinary action, or has been

  9  found guilty of a course of conduct or practice which shows

10  that she or he is incompetent, negligent, dishonest, or

11  untruthful to an extent that those with whom she or he may

12  sustain a confidential relationship may not safely do so.

13         (11)  Has made or filed a report or record, either

14  written or oral, which the registered assistant, licensee, or

15  certificateholder knows to be false; has willfully failed to

16  file a report or record required by state or federal law; has

17  willfully impeded or obstructed such filing, or has induced

18  another person to impede or obstruct such filing.  However,

19  such reports or records shall include only those which are

20  signed or presented in the capacity of a registered assistant

21  appraiser or licensed or certified appraiser.

22         (12)  Has obtained or attempted to obtain a

23  registration, license, or certification by means of knowingly

24  making a false statement, submitting false information,

25  refusing to provide complete information in response to an

26  application question, or engaging in fraud, misrepresentation,

27  or concealment.

28         (13)  Has paid money or other valuable consideration,

29  except as required by this section, to any member or employee

30  of the board to obtain a registration, license, or

31  certification under this section.

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  1         (14)  Has violated any standard for the development or

  2  communication of a real estate appraisal or other provision of

  3  the Uniform Standards of Professional Appraisal Practice.

  4         (15)  Has failed or refused to exercise reasonable

  5  diligence in developing an appraisal or preparing an appraisal

  6  report.

  7         (16)  Has failed to communicate an appraisal without

  8  good cause.

  9         (17)  Has accepted an appraisal assignment if the

10  employment itself is contingent upon the appraiser reporting a

11  predetermined result, analysis, or opinion, or if the fee to

12  be paid for the performance of the appraisal assignment is

13  contingent upon the opinion, conclusion, or valuation reached

14  upon the consequences resulting from the appraisal assignment.

15         (18)  Has failed to timely notify the department of any

16  change in business location, or has failed to fully disclose

17  all business locations from which she or he operates as a

18  registered assistant real estate appraiser or, licensed, or

19  certified real estate appraiser.

20         Section 28.  Paragraph (a) of subsection (1) of section

21  475.626, Florida Statutes, is amended to read:

22         475.626  Violations and penalties.--

23         (1)  VIOLATIONS.--

24         (a)  No person shall operate or attempt to operate as a

25  registered assistant appraiser or, licensed, or certified

26  appraiser without being the holder of a valid and current

27  registration, license, or certification.

28         Section 29.  Subsections (1) and (2) of section

29  475.627, Florida Statutes, are amended to read:

30         475.627  Appraisal course instructors.--

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  1         (1)  Where the course or courses to be taught are

  2  prescribed by the board or approved precedent to registration,

  3  licensure, certification, or renewal as a registered assistant

  4  appraiser, licensed appraiser, or certified residential

  5  appraiser, before commencing to instruct noncredit college

  6  courses in a college, university, or community college, or

  7  courses in an area technical center or proprietary real estate

  8  school, a person must certify her or his competency by meeting

  9  one of the following requirements:

10         (a)  Hold a valid certification as a residential real

11  estate appraiser in this or any other state.

12         (b)  Pass an appraiser instructor's examination which

13  shall test knowledge of residential appraisal topics.

14         (2)  Where the course or courses to be taught are

15  prescribed by the board or approved precedent to registration,

16  licensure, certification, or renewal as a registered assistant

17  appraiser, licensed appraiser, or certified appraiser, before

18  commencing to instruct noncredit college courses in a college,

19  university, or community college, or courses in an area

20  technical center or proprietary real estate school, a person

21  must certify her or his competency by meeting one of the

22  following requirements:

23         (a)  Hold a valid certification as a general real

24  estate appraiser in this or any other state.

25         (b)  Pass an appraiser instructor's examination which

26  shall test knowledge of residential and nonresidential

27  appraisal topics.

28         Section 30.  Section 475.628, Florida Statutes, is

29  amended to read:

30         475.628  Professional standards for licensed and

31  certified appraisers registered, licensed, or certified under

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  1  this part.--Each appraiser registered, licensed, or certified

  2  under this part section shall comply with the Uniform

  3  Standards of Professional Appraisal Practice.  Statements on

  4  appraisal standards which may be issued for the purpose of

  5  clarification, interpretation, explanation, or elaboration

  6  through the Appraisal Foundation shall also be binding on any

  7  appraiser registered, licensed, or certified under this part

  8  section.

  9         Section 31.  Section 475.629, Florida Statutes, is

10  amended to read:

11         475.629  Retention of records.--An appraiser

12  registered, licensed, or certified under this part section

13  shall retain, for at least 5 years, original or true copies of

14  any contracts engaging the appraiser's services, appraisal

15  reports, and supporting data assembled and formulated by the

16  appraiser in preparing appraisal reports.  The period for

17  retention of the records applicable to each engagement of the

18  services of the appraiser runs from the date of the submission

19  of the appraisal report to the client. These records must be

20  made available by the appraiser for inspection and copying by

21  the department on reasonable notice to the appraiser.  If an

22  appraisal has been the subject of or has served as evidence

23  for litigation, reports and records must be retained for at

24  least 2 years after the trial.

25         Section 32.  Section 475.6295, Florida Statutes, is

26  created to read:

27         475.6295  Authority to inspect.--Duly authorized agents

28  and employees of the department shall have the power to

29  inspect in a lawful manner at all reasonable hours any

30  appraiser or appraisal office licensed under this chapter, for

31  the purpose of determining if any of the provisions of this

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  1  chapter, chapter 455, or any rule promulgated under authority

  2  of either chapter is being violated.

  3         Section 33.  Paragraph (c) of subsection (2) of section

  4  475.630, Florida Statutes, is amended to read:

  5         475.630  Temporary practice.--

  6         (2)  In order to register with the board, the appraiser

  7  must:

  8         (c)  Agree in writing to cooperate with any

  9  investigation initiated under this part section by promptly

10  supplying such documents that any authorized representative of

11  the department may request. If the department sends a notice

12  by certified mail to the last known address of a nonresident

13  appraiser to produce documents or to appear in conjunction

14  with an investigation and the nonresident appraiser fails to

15  comply with that request, the board may impose on that

16  nonresident appraiser any disciplinary action or penalty

17  authorized under this part section.

18         Section 34.  Section 553.991, Florida Statutes, is

19  amended to read:

20         553.991  Purpose.--The purpose of this part is to

21  provide for a statewide uniform system for rating the energy

22  efficiency of buildings and to ensure that those ratings are

23  disclosed to prospective purchasers at their request.  It is

24  in the interest of the state to encourage the consideration of

25  the energy-efficiency rating system in the market so as to

26  provide market rewards for energy-efficient buildings and to

27  those persons or companies designing, building, or selling

28  energy-efficient buildings.

29         Section 35.  Section 553.994, Florida Statutes, is

30  amended to read:

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  1         553.994  Applicability.--The rating system shall apply

  2  to all public, commercial, and existing residential buildings

  3  in the state. and may be applied to new residential buildings,

  4  except as identified by the department by rule in accordance

  5  with the procedures of chapter 120, according to the following

  6  schedule:

  7         (1)  For new residential buildings, by January 1, 1994.

  8         (2)  For existing residential buildings, by January 1,

  9  1995.

10         (3)  For new public buildings, by January 1, 1994.

11         (4)  For existing public buildings, by July 1, 1994.

12         (5)  For new commercial buildings, by January 1, 1995.

13         (6)  For existing commercial buildings, by January 1,

14  1996.

15         Section 36.  Section 553.996, Florida Statutes, is

16  amended to read:

17         553.996  Energy-efficiency rating disclosure;

18  information brochure.--

19         (1)(a)  In accordance with the schedules in s. 553.994,

20  the prospective purchaser of real property with a building for

21  occupancy located thereon shall be provided written

22  notification that the purchaser may have the building's

23  energy-efficiency rating determined.  Such notice shall be

24  provided at the time of, or prior to, the purchaser's

25  execution of the contract for sale and purchase.

26         (b)  The energy-efficiency rating of a residential or

27  commercial building shall be provided upon request of the

28  prospective purchaser, in writing, at the time of, or prior

29  to, the purchaser's execution of the contract for sale and

30  purchase.

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  1         (2)  A prospective purchaser of real property with a

  2  building for occupancy located thereon Concurrent with the

  3  provisions of subsection (1), the prospective purchaser shall

  4  be provided with a copy of an information brochure, at the

  5  time of or prior to the purchaser's execution of the contract

  6  for sale and purchase, notifying the purchaser of the option

  7  for an energy-efficiency rating on the building. Such brochure

  8  shall be prepared, made available for distribution, and

  9  provided at no cost by the department.  Such brochure shall

10  contain information relevant to that class of building,

11  including, but not limited to:

12         (1)(a)  How to analyze the building's energy-efficiency

13  rating.

14         (2)(b)  Comparisons to statewide averages for new and

15  existing construction of that class.

16         (3)(c)  Information concerning methods to improve the

17  building's energy-efficiency rating.

18         (4)(d)  A notice to residential purchasers that the

19  energy-efficiency rating may qualify the purchaser for an

20  energy-efficient mortgage from lending institutions.

21         Section 37.  This act shall take effect July 1 of the

22  year in which enacted.

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