HB 1395 2003
1	A bill to be entitled
2	An act relating to real estate appraisers; amending s.
3	475.611, F.S.; revising and providing definitions
4	applicable to regulation of real estate appraisers;
5	amending s. 475.612, F.S.; eliminating the regulatory
6	category of licensed appraiser; redesignating registered
7	assistant appraisers as registered trainee appraisers and
8	requiring direct supervision of a certified appraiser;
9	revising exemption provisions applicable to brokers,
10	broker-salespersons, and salespersons; amending s.
11	475.613, F.S.; granting the Florida Real Estate Appraisal
12	Board power to establish by rule standards for and
13	regulate supervisory appraisers; amending s. 475.617,
14	F.S.; deleting education and experience requirements to be
15	a licensed appraiser, to conform; amending s. 475.618,
16	F.S.; revising renewal and continuing education
17	requirements; authorizing and providing for certification
18	of distance learning courses by independent certification
19	organizations; limiting renewal of registered trainee
20	appraiser registration; amending s. 475.6221, F.S.;
21	providing that a registered trainee appraiser may only
22	receive compensation through or from the primary
23	supervising appraiser; creating s. 475.6222, F.S.;
24	providing requirements for supervision of registered
25	trainee appraisers; creating s. 475.631, F.S.; providing
26	for reciprocity for nonresident appraisers; requiring an
27	irrevocable consent to suits and actions and providing for
28	service of process or pleading; requiring resident
29	appraisers who become nonresidents to notify the board and
30	comply with nonresident requirements; providing penalties;
31	authorizing the board to adopt rules for regulation of
32	nonresident appraisers; amending ss. 475.01, 475.011,
33	475.6147, 475.615, 475.616, 475.619, 475.620, 475.621,
34	475.622, 475.623, 475.624, 475.626, 475.627, 475.628,
35	475.629, 475.6295, and 655.60, F.S.; conforming
36	terminology; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Paragraph (a) of subsection (1) of section
41	475.01, Florida Statutes, is amended to read:
42	475.01 Definitions.--
43	(1) As used in this part:
44	(a) "Broker" means a person who, for another, and for a
45	compensation or valuable consideration directly or indirectly
46	paid or promised, expressly or impliedly, or with an intent to
47	collect or receive a compensation or valuable consideration
48	therefor, appraises, auctions, sells, exchanges, buys, rents, or
49	offers, attempts or agrees to appraise, auction, or negotiate
50	the sale, exchange, purchase, or rental of business enterprises
51	or business opportunities or any real property or any interest
52	in or concerning the same, including mineral rights or leases,
53	or who advertises or holds out to the public by any oral or
54	printed solicitation or representation that she or he is engaged
55	in the business of appraising, auctioning, buying, selling,
56	exchanging, leasing, or renting business enterprises or business
57	opportunities or real property of others or interests therein,
58	including mineral rights, or who takes any part in the procuring
59	of sellers, purchasers, lessors, or lessees of business
60	enterprises or business opportunities or the real property of
61	another, or leases, or interest therein, including mineral
62	rights, or who directs or assists in the procuring of prospects
63	or in the negotiation or closing of any transaction which does,
64	or is calculated to, result in a sale, exchange, or leasing
65	thereof, and who receives, expects, or is promised any
66	compensation or valuable consideration, directly or indirectly
67	therefor; and all persons who advertise rental property
68	information or lists. A broker renders a professional service
69	and is a professional within the meaning of s. 95.11(4)(a).
70	Where the term "appraise" or "appraising" appears in the
71	definition of the term "broker," it specifically excludes those
72	appraisal services which must be performed only by a state-
73	licensed or state-certified appraiser,and those appraisal
74	services which may be performed by a registered trainee
75	assistantappraiser as defined in part II. The term "broker"
76	also includes any person who is a general partner, officer, or
77	director of a partnership or corporation which acts as a broker.
78	The term "broker" also includes any person or entity who
79	undertakes to list or sell one or more timeshare periods per
80	year in one or more timeshare plans on behalf of any number of
81	persons, except as provided in ss. 475.011 and 721.20.
82	Section 2. Subsections (7) and (9) of section 475.011,
83	Florida Statutes, are amended to read:
84	475.011 Exemptions.--This part does not apply to:
85	(7) Any full-time graduate student who is enrolled in a
86	commission-approved degree program in appraising at a college or
87	university in this state, if the student is acting under the
88	direct supervision of a licensed broker or a licensed or
89	certified appraiser and is engaged only in appraisal activities
90	related to the approved degree program. Any appraisal report by
91	the student must be issued in the name of the supervising
92	individual.
93	(9) Any person registered, licensed,or certified by the
94	department under part II as an appraiser or traineeassistant
95	appraiser performing appraisals in accordance with that part.
96	Section 3. Subsections (1) and (2) of section 475.611,
97	Florida Statutes, are amended to read:
98	475.611 Definitions.--
99	(1) As used in this part, the term:
100	(a) "Appraisal" or "appraisal services" means the services
101	provided by certified or licensed appraisers or registered
102	traineeassistantappraisers, and includes:
103	1. "Appraisal assignment" denotes an engagement for which
104	a person is employed or retained to act, or could be perceived
105	by third parties or the public as acting, as an agent or a
106	disinterested third party in rendering an unbiased analysis,
107	opinion, review, or conclusion relating to the nature, quality,
108	value, or utility of specified interests in, or aspects of,
109	identified real property.
110	2. "Analysis assignment" denotes appraisal services that
111	relate to the employer's or client's individual needs or
112	investment objectives and includes specialized marketing,
113	financing, and feasibility studies as well as analyses,
114	opinions, and conclusions given in connection with activities
115	such as real estate brokerage, mortgage banking, orreal estate
116	counseling, or real estate consulting.
117	3. "Appraisal review assignment" denotes an engagement for
118	which an appraiser is employed or retained to develop and
119	communicate an opinion about the quality of another appraiser's
120	appraisal, appraisal report, or work. An appraisal review may or
121	may not contain the reviewing appraiser's opinion of value.
122	(b) "Appraisal Foundation" or "foundation" means the
123	Appraisal Foundation established on November 20, 1987, as a not-
124	for-profit corporation under the laws of Illinois.
125	(c) "Appraisal report" means any communication,written or
126	oral, of an appraisal, appraisal review, appraisal consulting
127	service, analysis, opinion, or conclusion issued by an appraiser
128	relating to the nature, quality, value, or utility of a
129	specified interest in, or aspect of, identified real property,
130	and includes anyareport communicating an appraisal analysis,
131	opinion, or conclusion of value, regardless of title. However,
132	in order to be recognized in a federally related transaction, an
133	appraisal report must be written.
134	(d) "Appraisal review" means the act or process of
135	developing and communicating an opinion about the quality of
136	another appraiser's appraisal, appraisal report, or work.
137	(e)(d)"Appraisal subcommittee" means the designees of the
138	heads of the federal financial institutions regulatory agencies
139	established by the Federal Financial Institutions Examination
140	Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended.
141	(f)(e) "Appraiser" means any person who is a registered
142	traineeassistant real estate appraiser, licensed real estate
143	appraiser,or a certified real estate appraiser. An appraiser
144	renders a professional service and is a professional within the
145	meaning of s. 95.11(4)(a).
146	(g)(f)"Board" means the Florida Real Estate Appraisal
147	Board established under this section.
148	(h)(g)"Certified general appraiser" means a person who is
149	certified by the department as qualified to issue appraisal
150	reports for any type of real property.
151	(i)(h)"Certified residential appraiser" means a person
152	who is certified by the department as qualified to issue
153	appraisal reports for residential real property of one to four
154	residential units, without regard to transaction value or
155	complexity, or real property as may be authorized by federal
156	regulation.
157	(j)(i)"Department" means the Department of Business and
158	Professional Regulation.
159	(k)(j)"Federally related transaction" means any real
160	estate-related financial transaction which a federal financial
161	institutions regulatory agency or the Resolution Trust
162	Corporation engages in, contracts for, or regulates, and which
163	requires the services of a state-licensed orstate-certified
164	appraiser.
165	(k) "Licensed appraiser" means a person who is licensed by
166	the department as qualified to issue appraisal reports for
167	residential real property of one to four residential units or on
168	such real estate or real property as may be authorized by
169	federal regulation.
170	(l) "Registered traineeassistantappraiser" means a
171	person who is registered with the department as qualified to
172	perform appraisal services only under the directsupervision of
173	a licensed or certified appraiser. A registered trainee
174	appraiser may accept appraisal assignments only from her or his
175	primary or secondary supervisor.
176	(m) "Supervisory appraiser" means a certified residential
177	appraiser or a certified general appraiser responsible for the
178	direct supervision of one or more registered trainee appraisers
179	and fully responsible for appraisals and appraisal reports
180	prepared by those registered trainee appraisers. The board, by
181	rule, shall determine the responsibilities of a supervisory
182	appraiser, the geographic proximity required, and the maximum
183	number of registered trainee appraisers to be supervised by an
184	individual supervisory appraiser.
185	(n)(m)"Uniform Standards of Professional Appraisal
186	Practice" means the most recent standards approved and adopted
187	by the Appraisal Standards Board of the Appraisal Foundation.
188	(o) "Valuation services" means services pertaining to
189	aspects of property value and includes such services performed
190	by certified appraisers, registered trainee appraisers, and
191	others.
192	(p) "Work file" means the documentation necessary to
193	support an appraiser's analysis, opinions, and conclusions.
194	(2) Wherever the word "operate" or "operating" appears in
195	this part with respect to a registered traineeassistant
196	appraiser, licensed appraiser,or certified appraiser; in any
197	order, rule, or regulation of the board; in any pleading,
198	indictment, or information under this part; in any court action
199	or proceeding; or in any order or judgment of a court, it shall
200	be deemed to mean the commission of one or more acts described
201	in this part as constituting or defining a registered trainee
202	assistant appraiser, licensed appraiser,or certified appraiser,
203	not including, however, any of the exceptions stated therein. A
204	single act is sufficient to bring a person within the meaning of
205	this subsection, and each act, if prohibited herein, constitutes
206	a separate offense.
207	Section 4. Section 475.612, Florida Statutes, is amended
208	to read:
209	475.612 Certification, licensure,or registration
210	required.--
211	(1) A person may not use the title "certified real estate
212	appraiser," "licensed real estate appraiser," or "registered
213	traineeassistantreal estate appraiser," or any abbreviation or
214	words to that effect, or issue an appraisal report in connection
215	with any federally related transaction, unless such person is
216	certified, licensed,or registered by the department under this
217	part. However, the work upon which an appraisal report is based
218	may be performed by a person who is not a certified or licensed
219	appraiser or registered traineeassistantappraiser if the
220	report is approved and signed by a certified or licensed
221	appraiser.
222	(2) This section does not preclude a broker, salesperson,
223	or broker-salesperson who is not a certified or licensedreal
224	estate appraiser or registered traineeassistantreal estate
225	appraiser from providing valuation servicesappraising real
226	estate for compensation. Such persons may continue to provide
227	valuationappraisals and appraisalservices for compensation so
228	long as they do not represent themselves as certified, licensed,
229	or registered under this part.
230	(3) This section does not apply to a real estate broker or
231	salesperson who, in the ordinary course of business, performs a
232	comparative market analysis, gives a brokerprice opinion, or
233	gives an opinion of the value of real estate for the purpose of
234	advising a bona fide buyer or seller. However, in no event may
235	this comparative market analysis, brokerprice opinion, or
236	opinion of value of real estate be referred to or construed as
237	an appraisal.
238	(4) This section does not prevent any state court or
239	administrative law judge from certifying as an expert witness in
240	any legal or administrative proceeding an appraiser who is not
241	certified, licensed,or registered; nor does it prevent any
242	appraiser from testifying, with respect to the results of an
243	appraisal.
244	(5) This section does not apply to any full-time graduate
245	student who is enrolled in a degree program in appraising at a
246	college or university in this state, if the student is acting
247	under the direct supervision of a certified or licensed
248	appraiser or licensed brokerand is engaged only in appraisal
249	activities related to the approved degree program. Any appraisal
250	report by the student must be issued in the name of the
251	supervising individual.
252	(6) This section does not apply to any employee of a
253	local, state, or federal agency who performs appraisal services
254	within the scope of her or his employment. However, this
255	exemption does not apply where any local, state, or federal
256	agency requires an employee to be registered, licensed, or
257	certified to perform appraisal services.
258	Section 5. Section 475.613, Florida Statutes, is amended
259	to read:
260	475.613 Florida Real Estate Appraisal Board.--
261	(1) There is created the Florida Real Estate Appraisal
262	Board, which shall consist of seven members appointed by the
263	Governor, subject to confirmation by the Senate. Four members of
264	the board must be real estate appraisers who have been engaged
265	in the general practice of appraising real property in this
266	state for at least 5 years immediately preceding appointment. In
267	appointing real estate appraisers to the board, while not
268	excluding other appraisers, the Governor shall give preference
269	to real estate appraisers who are not primarily engaged in real
270	estate brokerage or mortgage lending activities. One member of
271	the board must represent organizations that use appraisals for
272	the purpose of eminent domain proceedings, financial
273	transactions, or mortgage insurance. Two members of the board
274	shall be representatives of the general public and shall not be
275	connected in any way with the practice of real estate appraisal,
276	real estate brokerage, or mortgage lending. The appraiser
277	members shall be as representative of the entire industry as
278	possible, and membership in a nationally recognized or state-
279	recognized appraisal organization shall not be a prerequisite to
280	membership on the board. To the extent possible, no more than
281	two members of the board shall be primarily affiliated with any
282	one particular national or state appraisal association. After
283	July 1, 1992, Two of the members must be licensed orcertified
284	residential real estate appraisers and two of the members must
285	be certified general real estate appraisers at the time of their
286	appointment.
287	(a) Initially, four members of the board shall be
288	appointed for 3-year terms, and three members shall be appointed
289	for 4-year terms. Thereafter, all Members of the boardshall be
290	appointed for 4-year terms. Any vacancy occurring in the
291	membership of the board shall be filled by appointment by the
292	Governor for the unexpired term. Upon expiration of her or his
293	or herterm, a member of the board shall continue to hold office
294	until the appointment and qualification of the member's
295	successor. A member may not be appointed for more than two
296	consecutive terms. The Governor may remove any member for cause.
297	(b) The headquarters for the board shall be in Orlando.
298	(c) The board shall meet at least once each calendar
299	quarter to conduct its business.
300	(d) The members of the board shall elect a chairperson at
301	the first meeting each year.
302	(e) Each member of the board is entitled to per diem and
303	travel expenses as set by legislative appropriation for each day
304	that the member engages in the business of the board.
305	(2) The board shall have, through its rules, full power to
306	regulate the issuance of licenses,certifications,
307	registrations, and permits; to discipline appraisers in any
308	manner permitted under this section; to establish qualifications
309	for licenses,certifications, registrations, and permits
310	consistent with this section; to regulate approved courses; and
311	to establish standards for real estate appraisals; and to
312	establish standards for and regulate supervisory appraisers.
313	Section 6. Section 475.6147, Florida Statutes, is amended
314	to read:
315	475.6147 Fees.--
316	(1) The board by rule may establish fees to be paid for
317	application, licensing and renewal,certification and
318	recertification, registration and reregistration,reinstatement,
319	and recordmaking and recordkeeping. The fee for initial
320	application may not exceed $150, and the combined cost of the
321	application and examination may not exceed $300. The initial
322	certification or registrationlicense fee and the certification
323	or registrationlicenserenewal fee may not exceed $150 for each
324	year of the duration of the certification or registration
325	license. The board may also establish by rule a late renewal
326	penalty. The board shall establish fees which are adequate to
327	ensure its continued operation. Fees shall be based on estimates
328	made by the department of the revenue required to implement this
329	part and other provisions of law relating to the regulation of
330	real estate appraisers.
331	(2) Application and certification and registrationlicense
332	fees shall be refunded upon a determination by the board that
333	the state is not entitled to the fees or that only a portion of
334	the resources have been expended in the processing of the
335	application or shall be refunded if for any other reason the
336	application is not completely processed. The board shall
337	implement this subsection by rule.
338	Section 7. Section 475.615, Florida Statutes, is amended
339	to read:
340	475.615 Qualifications for registration, licensure,or
341	certification.--
342	(1) Any person desiring to act as a registered trainee
343	assistant appraiser or as a licensed orcertified appraiser must
344	make application in writing to the department in such form and
345	detail as the board shall prescribe. Each applicant must be at
346	least 18 years of age and hold a high school diploma or its
347	equivalent. At the time of application, a person must furnish
348	evidence of successful completion of required education and
349	evidence of required experience, if any.
350	(2) The board is authorized to waive or modify any
351	education, experience, or examination requirements established
352	in this section in order to conform with any such requirements
353	established by the Appraisal Qualifications Board of the
354	Appraisal Foundation and recognized by the Appraisal
355	Subcommittee or any successor body recognized by federal law.
356	(3) Appropriate fees, as set forth in the rules of the
357	board pursuant to s. 475.6147, and a fingerprint card must
358	accompany all applications for registration or, certification,
359	or licensure. The fingerprint card shall be forwarded to the
360	Division of Criminal Justice Information Systems within the
361	Department of Law Enforcement for purposes of processing the
362	fingerprint card to determine if the applicant has a criminal
363	history record. The fingerprint card shall also be forwarded to
364	the Federal Bureau of Investigation for purposes of processing
365	the fingerprint card to determine if the applicant has a
366	criminal history record. The information obtained by the
367	processing of the fingerprint card by the Florida Department of
368	Law Enforcement and the Federal Bureau of Investigation shall be
369	sent to the department for the purpose of determining if the
370	applicant is statutorily qualified for registration or,
371	certification, or licensure.
372	(4) In the event that the applicant is currently a
373	registered traineeassistant appraiser or a licensed or
374	certified appraiser and is making application to obtain a
375	different status of appraisal licensure, should such application
376	be received by the department within 180 days prior to through
377	180 days after the applicant's scheduled renewal, the charge for
378	the application shall be established by the rules of the board
379	pursuant to s. 475.6147.
380	(5) At the time of filing a notarized application for
381	registration, licensure,or certification, the applicant must
382	sign a pledge to comply with the Uniform Standards of
383	Professional Appraisal Practice upon registration, licensure,or
384	certification,and must indicate in writing that she or he
385	understands the types of misconduct for which disciplinary
386	proceedings may be initiated. The application shall expire 1
387	year from the date received, if the applicant for registration,
388	licensure,or certification fails to take the appropriate
389	examination.
390	(6) All applicants must be competent and qualified to make
391	real estate appraisals with safety to those with whom they may
392	undertake a relationship of trust and confidence and the general
393	public. If any applicant has been denied registration,
394	licensure, or certification, or has been disbarred, or the
395	applicant's registration, license, or certificate to practice or
396	conduct any regulated profession, business, or vocation has been
397	revoked or suspended by this or any other state, any nation, or
398	any possession or district of the United States, or any court or
399	lawful agency thereof, because of any conduct or practices which
400	would have warranted a like result under this part, or if the
401	applicant has been guilty of conduct or practices in this state
402	or elsewhere which would have been grounds for disciplining her
403	or his registration, license, or certification under this part
404	had the applicant then been a registered traineeassistant
405	appraiser or a licensed orcertified appraiser, the applicant
406	shall be deemed not to be qualified unless, because of lapse of
407	time and subsequent good conduct and reputation, or other reason
408	deemed sufficient, it appears to the board that the interest of
409	the public is not likely to be endangered by the granting of
410	registration, licensure,or certification.
411	(7) No applicant seeking to become registered, licensed,
412	or certified under this part may be rejected solely by virtue of
413	membership or lack of membership in any particular appraisal
414	organization.
415	Section 8. Section 475.616, Florida Statutes, is amended
416	to read:
417	475.616 Examination requirements.--To be licensed or
418	certified as an appraiser, the applicant must demonstrate, by
419	passing a written examination, that she or he possesses:
420	(1) A knowledge of technical terms commonly used in real
421	estate appraisal.
422	(2) An understanding of the principles of land economics,
423	real estate appraisal processes, reliable sources of appraising
424	data, and problems likely to be encountered in the gathering,
425	interpreting, and processing of data in carrying out appraisal
426	disciplines.
427	(3) An understanding of the standards for the development
428	and communication of real estate appraisals as provided in this
429	part.
430	(4) An understanding of the types of misconduct for which
431	disciplinary proceedings may be initiated against a licensed or
432	certified appraiser, as set forth in this part.
433	(5) Knowledge of the theories of depreciation, cost
434	estimating, methods of capitalization, and the mathematics of
435	real estate appraisal that are appropriate for the licensure or
436	certification for which application is made.
437	Section 9. Section 475.617, Florida Statutes, is amended
438	to read:
439	475.617 Education and experience requirements.--
440	(1) To be registered as a traineean assistantappraiser,
441	an applicant must present evidence satisfactory to the board
442	that she or he has successfully completed at least 75 hours of
443	approved academic courses in subjects related to real estate
444	appraisal, which shall include coverage of the Uniform Standards
445	of Professional Appraisal Practice from a nationally recognized
446	or state-recognized appraisal organization, area technical
447	center, accredited community college, college, or university,
448	state or federal agency or commission, or proprietary real
449	estate school that holds a permit pursuant to s. 475.451. The
450	board may increase the required number of hours to not more than
451	100 hours. A classroom hour is defined as 50 minutes out of each
452	60-minute segment. Past courses may be approved on an hour-for-
453	hour basis.
454	(2) To be licensed as an appraiser, an applicant must
455	present evidence satisfactory to the board that she or he:
456	(a) Has 2 years of experience in real property appraisal
457	as defined by rule.
458	(b) Has successfully completed at least 90 classroom
459	hours, inclusive of examination, of approved academic courses in
460	subjects related to real estate appraisal, which shall include
461	coverage of the Uniform Standards of Professional Appraisal
462	Practice from a nationally recognized or state-recognized
463	appraisal organization, area technical center, accredited
464	community college, college, or university, state or federal
465	agency or commission, or proprietary real estate school that
466	holds a permit pursuant to s. 475.451. The board may increase
467	the required number of hours to not more than 120 hours. A
468	classroom hour is defined as 50 minutes out of each 60-minute
469	segment. Past courses may be approved by the board and
470	substituted on an hour-for-hour basis.
471	(2)(3)To be certified as a residential appraiser, an
472	applicant must present satisfactory evidence to the board that
473	she or he:
474	(a) Has at least2,500 hours of experience obtained over a
475	24-month period in real property appraisal as defined by rule.
476	(b) Has successfully completed at least 120 classroom
477	hours, inclusive of examination, of approved academic courses in
478	subjects related to real estate appraisal, which shall include
479	coverage of the Uniform Standards of Professional Appraisal
480	Practice from a nationally recognized or state-recognized
481	appraisal organization, area technical center, accredited
482	community college, college, or university, state or federal
483	agency or commission, or proprietary real estate school that
484	holds a permit pursuant to s. 475.451. The board may increase
485	the required number of hours to not more than 165 hours. A
486	classroom hour is defined as 50 minutes out of each 60-minute
487	segment. Past courses may be approved by the board and
488	substituted on an hour-for-hour basis.
489	(3)(4)To be certified as a general appraiser, an
490	applicant must present evidence satisfactory to the board that
491	she or he:
492	(a) Has at least3,000 hours of experience obtained over a
493	30-month period in real property appraisal as defined by rule.
494	(b) Has successfully completed at least 180 classroom
495	hours, inclusive of examination, of approved academic courses in
496	subjects related to real estate appraisal, which shall include
497	coverage of the Uniform Standards of Professional Appraisal
498	Practice from a nationally recognized or state-recognized
499	appraisal organization, area technical center, accredited
500	community college, college, or university, state or federal
501	agency or commission, or proprietary real estate school that
502	holds a permit pursuant to s. 475.451. The board may increase
503	the required number of hours to not more than 225 hours. A
504	classroom hour is defined as 50 minutes out of each 60-minute
505	segment. Past courses may be approved by the board and
506	substituted on an hour-for-hour basis.
507	(4)(5)Each applicant must furnish, under oath, a detailed
508	statement of the experience for each year of experience she or
509	he claims. Upon request, the applicant shall furnish to the
510	board, for its examination, copies of appraisal reports or file
511	memoranda to support the claim for experience.
512	Section 10. Section 475.618, Florida Statutes, is amended
513	to read:
514	475.618 Renewal of registration, license,certification,
515	or instructor permit; continuing education.--
516	(1)(a) The department shall renew a registration, license,
517	certification, or instructor permit upon receipt of the renewal
518	application and proper fee. Such application shall include proof
519	satisfactory to the board that the individual has satisfactorily
520	completed any continuing education that has been prescribed by
521	the board.
522	(b) A distance learning course or courses mayshallbe
523	approved by the board as an option to classroom hours as
524	satisfactory completion of the course or courses as required by
525	this section. The schools authorized by this section have the
526	option of providing classroom courses, distance learning
527	courses, or both. However, satisfactory completion of a distance
528	learning course requires the satisfactory completion of a timed
529	distance learning course examination. Such examination shall not
530	be required to be monitored or given at a centralized location.
531	(c) The board in its discretion may authorize independent
532	certification organizations to certify or approve the delivery
533	method of distance learning courses. Certification from such
534	authorized organizations must be provided at the time a distance
535	learning course is submitted to the board by an accredited
536	college, university, community college, area technical center,
537	proprietary real estate school, or board-approved sponsor for
538	content approval.
539	(2) The department shall adopt rules establishing a
540	procedure for the renewal of registration, licenses,
541	certifications, and instructor permits at least every 4 years. A
542	registered trainee appraiser registration may be renewed for two
543	biennial terms only. After 6 years, the registered trainee
544	appraiser is not eligible for renewal but must qualify as a new
545	applicant.
546	(3) Any registration, license,certification, or
547	instructor permit which is not renewed at the end of the
548	registration, license,certification, or instructor permit
549	period prescribed by the department shall automatically revert
550	to inactive status.
551	(4) At least 60 days prior to the end of the registration,
552	license,certification, or instructor permit period, the
553	department shall cause to be mailed a notice of renewal and
554	possible reversion to the last known address of the registered
555	traineeassistant, licensee, certificateholder, or permitholder.
556	Section 11. Section 475.619, Florida Statutes, is amended
557	to read:
558	475.619 Inactive status.--
559	(1) A registration, license,or certification which has
560	become inactive may be renewed upon application to the
561	department. The board shall prescribe by rule continuing
562	education requirements for each year the registration, license,
563	or certification was inactive, as a condition of renewing an
564	inactive registration, license,or certification.
565	(2) Any registration, license,or certification which has
566	been inactive for more than 4 years shall automatically expire.
567	Once a registration, license,or certification expires, it
568	becomes null and void without any further action by the board or
569	department. Two years prior to the expiration of the
570	registration, license,or certification, the department shall
571	give notice by mail to the registered traineeassistant,
572	licensee,or certificateholder at her or his last known address.
573	The board shall prescribe by rule a fee not to exceed $100 for
574	the late renewal of an inactive registration, license,or
575	certification. The department shall collect the current renewal
576	fee for each renewal period in which the registration, license,
577	or certification was inactive, in addition to any applicable
578	late renewal fee.
579	(3) The board shall adopt rules relating to inactive
580	registrations, licenses,and certifications and for the renewal
581	of such registrations, licenses,and certifications.
582	Section 12. Section 475.620, Florida Statutes, is amended
583	to read:
584	475.620 Corporations and partnerships ineligible for
585	licensure orcertification.--
586	(1) A license orcertification may not be issued under
587	this part to a corporation, partnership, firm, or group.
588	However, an appraiser licensed orcertified under this part may
589	provide an appraisal report for or on behalf of a corporation,
590	partnership, firm, or group, if the report is prepared by, or
591	under the personal direction of, such appraiser and is reviewed
592	and signed by her or him.
593	(2) The term "state-registered traineeassistant
594	appraiser," "state-licensed appraiser,"or "state-certified
595	appraiser" may only be used to refer to an individual who is
596	registered, licensed,or certified under this part and may not
597	be used following or immediately in connection with the name or
598	signature of a corporation, partnership, firm, or group, or in
599	such manner that it could be interpreted as implying
600	registration, licensure,or certification under this part of a
601	corporation, partnership, firm, or group, or anyone other than
602	an individual appraiser. Corporations, partnerships, firms, or
603	groups which employ certified or licensedappraisers or
604	registered traineeassistantappraisers who provide appraisal
605	reports, as defined by this part, may represent to the public
606	and advertise that they offer appraisals performed by
607	registered, licensed,or certified appraisers.
608	Section 13. Section 475.621, Florida Statutes, is amended
609	to read:
610	475.621 Registry of licensed andcertified appraisers.--
611	(1) The department shall transmit to the appraisal
612	subcommittee, no less than annually, a roster listing
613	individuals who hold a valid state license orcertification as
614	an appraiser.
615	(2) The department shall collect from such individuals who
616	perform or seek to perform appraisals in federally related
617	transactions, an annual fee as set by the appraisal subcommittee
618	to be transmitted to the Federal Financial Institutions
619	Examinations Council on an annual basis.
620	Section 14. Section 475.622, Florida Statutes, is amended
621	to read:
622	475.622 Display and disclosure of licensure,
623	certification,or registration.--
624	(1) Each appraiser registered, licensed,or certified
625	under this part shall place her or his registration, license,or
626	certification number adjacent to or immediately beneath the
627	designation "state-registered traineeassistantreal estate
628	appraiser," "state-licensed real estate appraiser,""state-
629	certified residential real estate appraiser," or "state-
630	certified general real estate appraiser," or their appropriate
631	abbreviations as defined by rule, as applicable, when such term
632	is used in an appraisal report or in a contract or other
633	instrument used by the appraiser in conducting real property
634	appraisal activities. The applicable designation shall be
635	included in any newspaper, telephone directory, or other
636	advertising medium, as defined by rule, used by the appraiser.
637	(2) A registered traineeassistant appraiser or licensed
638	or certified appraiser may not sign any appraisal report or
639	certificationor communicate same without disclosing in writing
640	that she or he is a state-registered traineeassistantappraiser
641	or state-licensed, state-certified residential,or state-
642	certified general appraiser, as applicable, even if the
643	appraisal performed is outside of the scope of the appraiser's
644	registration, licensure,or certification as an appraiser.
645	(3) The primary or secondary supervising licensed or
646	certified appraiser of a registered traineeassistantreal
647	estate appraiser must sign eachany appraisal report and
648	certification signed by the registered traineeassistant.
649	(4) The supervising appraiser of a registered trainee
650	assistant real estate appraiser must disclose her or his or her
651	appropriate designation and number any time the registered
652	traineeassistantis required to make such disclosures.
653	Section 15. Section 475.6221, Florida Statutes, is amended
654	to read:
655	475.6221 Employment of registered traineeassistantreal
656	estate appraisers.--
657	(1) A registered traineeassistantreal estate appraiser
658	must perform appraisal services under the directsupervision of
659	a licensed orcertified appraiser who is designated as the
660	primary supervisor. The primary supervisor may also designate
661	additional licensed orcertified appraisers as secondary
662	supervisors. A secondary supervisor must be affiliated with the
663	same firm or business as the primary supervisor and the primary
664	or secondary supervisor must have the same business address as
665	the registered traineeassistant real estate appraiser. The
666	primary supervisoryA registered assistant real estateappraiser
667	must notify the Division of Real Estate of the name and address
668	of any primary and secondary supervisor for whom the registered
669	traineeassistantwill perform appraisal services, and must also
670	notify the division within 10 days after terminating such
671	relationship. Termination of the relationship with a primary
672	supervisor automatically terminates the relationship with the
673	secondary supervisor.
674	(2) A registered traineeassistantreal estate appraiser
675	may onlynot receive compensation through or frompayment
676	directly from the recipient of an appraisal report, unlessthe
677	primary supervising licensed or certified appraiser agrees to
678	the payment arrangement.
679	Section 16. Section 475.6222, Florida Statutes, is created
680	to read:
681	475.6222 Supervision of registered trainee
682	appraisers.--The primary or secondary supervisor of a registered
683	trainee appraiser must provide direct supervision to the
684	registered trainee appraiser. The role and responsibility of the
685	supervising appraiser shall be determined by rule of the board.
686	Section 17. Section 475.623, Florida Statutes, is amended
687	to read:
688	475.623 Registration of office location.--Each appraiser
689	registered, licensed,or certified under this part shall furnish
690	in writing to the department each business address from which
691	she or he operates in the performance of appraisal services.
692	Each appraiser must notify the department of any change of
693	address within 10 days on a form provided by the department.
694	Section 18. Section 475.624, Florida Statutes, is amended
695	to read:
696	475.624 Discipline.--The board may deny an application for
697	registration, licensure,or certification; may investigate the
698	actions of any appraiser registered, licensed,or certified
699	under this part; may reprimand or impose an administrative fine
700	not to exceed $5,000 for each count or separate offense against
701	any such appraiser; and may revoke or suspend, for a period not
702	to exceed 10 years, the registration, license,or certification
703	of any such appraiser, or place any such appraiser on probation,
704	if it finds that the registered traineeassistant, licensee,or
705	certificateholder:
706	(1) Has violated any provisions of this part or s.
707	455.227(1); however, certificateholders and registrants
708	licenseesunder this part are exempt from the provisions of s.
709	455.227(1)(i).
710	(2) Has been guilty of fraud, misrepresentation,
711	concealment, false promises, false pretenses, dishonest conduct,
712	culpable negligence, or breach of trust in any business
713	transaction in this state or any other state, nation, or
714	territory; has violated a duty imposed upon her or him by law or
715	by the terms of a contract, whether written, oral, express, or
716	implied, in an appraisal assignment; has aided, assisted, or
717	conspired with any other person engaged in any such misconduct
718	and in furtherance thereof; or has formed an intent, design, or
719	scheme to engage in such misconduct and committed an overt act
720	in furtherance of such intent, design, or scheme. It is
721	immaterial to the guilt of the registered traineeassistant,
722	licensee,or certificateholder that the victim or intended
723	victim of the misconduct has sustained no damage or loss; that
724	the damage or loss has been settled and paid after discovery of
725	the misconduct; or that such victim or intended victim was a
726	customer or a person in confidential relation with the
727	registered traineeassistant, licensee,or certificateholder, or
728	was an identified member of the general public.
729	(3) Has advertised services in a manner which is
730	fraudulent, false, deceptive, or misleading in form or content.
731	(4) Has violated any of the provisions of this section or
732	any lawful order or rule issued under the provisions of this
733	section or chapter 455.
734	(5) Has been convicted or found guilty of, or entered a
735	plea of nolo contendere to, regardless of adjudication, a crime
736	in any jurisdiction which directly relates to the activities of
737	a registered traineeassistant appraiser or licensed or
738	certified appraiser, or which involves moral turpitude or
739	fraudulent or dishonest conduct. The record of a conviction
740	certified or authenticated in such form as admissible in
741	evidence under the laws of the state shall be admissible as
742	prima facie evidence of such guilt.
743	(6) Has had a registration, license, or certification as
744	an appraiser revoked, suspended, or otherwise acted against, or
745	has been disbarred, or has had her or his registration, license,
746	or certificate to practice or conduct any regulated profession,
747	business, or vocation revoked or suspended by this or any other
748	state, any nation, or any possession or district of the United
749	States, or has had an application for such registration,
750	licensure, or certification to practice or conduct any regulated
751	profession, business, or vocation denied by this or any other
752	state, any nation, or any possession or district of the United
753	States.
754	(7) Has become temporarily incapacitated from acting as an
755	appraiser with safety to those in a fiduciary relationship with
756	her or him because of drunkenness, use of drugs, or temporary
757	mental derangement; however, suspension of a license,
758	certification,or registration in such cases shall only be for
759	the period of such incapacity.
760	(8) Is confined in any county jail, postadjudication; is
761	confined in any state or federal prison or mental institution;
762	or, through mental disease or deterioration, can no longer
763	safely be entrusted to deal with the public or in a confidential
764	capacity.
765	(9) Has failed to inform the board in writing within 30
766	days after pleading guilty or nolo contendere to, or being
767	convicted or found guilty of, any felony.
768	(10) Has been found guilty, for a second time, of any
769	misconduct that warrants disciplinary action, or has been found
770	guilty of a course of conduct or practice which shows that she
771	or he is incompetent, negligent, dishonest, or untruthful to an
772	extent that those with whom she or he may sustain a confidential
773	relationship may not safely do so.
774	(11) Has made or filed a report or record, either written
775	or oral, which the registered traineeassistant, licensee,or
776	certificateholder knows to be false; has willfully failed to
777	file a report or record required by state or federal law; has
778	willfully impeded or obstructed such filing, or has induced
779	another person to impede or obstruct such filing. However, such
780	reports or records shall include only those which are signed or
781	presented in the capacity of a registered traineeassistant
782	appraiser or licensed orcertified appraiser.
783	(12) Has obtained or attempted to obtain a registration,
784	license,or certification by means of knowingly making a false
785	statement, submitting false information, refusing to provide
786	complete information in response to an application question, or
787	engaging in fraud, misrepresentation, or concealment.
788	(13) Has paid money or other valuable consideration,
789	except as required by this section, to any member or employee of
790	the board to obtain a registration, license,or certification
791	under this section.
792	(14) Has violated any standard for the development or
793	communication of a real estate appraisal or other provision of
794	the Uniform Standards of Professional Appraisal Practice.
795	(15) Has failed or refused to exercise reasonable
796	diligence in developing an appraisal or preparing an appraisal
797	report.
798	(16) Has failed to communicate an appraisal without good
799	cause.
800	(17) Has accepted an appraisal assignment if the
801	employment itself is contingent upon the appraiser reporting a
802	predetermined result, analysis, or opinion, or if the fee to be
803	paid for the performance of the appraisal assignment is
804	contingent upon the opinion, conclusion, or valuation reached
805	upon the consequences resulting from the appraisal assignment.
806	(18) Has failed to timely notify the department of any
807	change in business location, or has failed to fully disclose all
808	business locations from which she or he operates as a registered
809	traineeassistant real estate appraiser or licensed orcertified
810	real estate appraiser.
811	Section 19. Section 475.626, Florida Statutes, is amended
812	to read:
813	475.626 Violations and penalties.--
814	(1) VIOLATIONS.--
815	(a) No person shall operate or attempt to operate as a
816	registered traineeassistant appraiser or licensed orcertified
817	appraiser without being the holder of a valid and current
818	registration, license,or certification.
819	(b) No person shall violate any lawful order or rule of
820	the board which is binding upon her or him.
821	(c) No person shall commit any conduct or practice set
822	forth in s. 475.624.
823	(d) No person shall make any false affidavit or
824	affirmation intended for use as evidence by or before the board
825	or any member thereof, or by any of its authorized
826	representatives, nor shall any person give false testimony under
827	oath or affirmation to or before the board or any member thereof
828	in any proceeding authorized by this section.
829	(e) No person shall fail or refuse to appear at the time
830	and place designated in a subpoena issued with respect to a
831	violation of this section, unless such failure to appear is the
832	result of facts or circumstances that are sufficient to excuse
833	appearance in response to a subpoena from the circuit court; nor
834	shall a person who is present before the board or a member
835	thereof or one of its authorized representatives acting under
836	authority of this section refuse to be sworn or to affirm or
837	fail or refuse to answer fully any question propounded by the
838	board, the member, or such representative, or by any person by
839	the authority of such officer or appointee.
840	(f) No person shall obstruct or hinder in any manner the
841	enforcement of this section or the performance of any lawful
842	duty by any person acting under the authority of this section,
843	or interfere with, intimidate, or offer any bribe to any member
844	of the board or any of its employees or any person who is, or is
845	expected to be, a witness in any investigation or proceeding
846	relating to a violation of this section.
847	(g) No person shall knowingly conceal any information
848	relating to violations of this section.
849	(2) PENALTIES.--Any person who violates any of the
850	provisions of subsection (1) commitsis guilty ofa misdemeanor
851	of the second degree, punishable as provided in s. 775.082 or s.
852	775.083, except when a different punishment is prescribed by
853	this section. Nothing in this section shall prohibit the
854	prosecution under any other criminal statute of this state of
855	any person for an act or conduct prohibited by this section;
856	however, in such cases, the state may prosecute under this
857	section or under such other statute, or may charge both offenses
858	in one prosecution, but the sentence imposed shall not be a
859	greater fine or longer sentence than that prescribed for the
860	offense which carries the more severe penalties. A civil case,
861	criminal case, or a denial, revocation, or suspension proceeding
862	may arise out of the same alleged state of facts, and the
863	pendency or result of one such case or proceeding shall not stay
864	or control the result of either of the others.
865	Section 20. Section 475.627, Florida Statutes, is amended
866	to read:
867	475.627 Appraisal course instructors.--
868	(1) Where the course or courses to be taught are
869	prescribed by the board or approved precedent to registration,
870	licensure, certification, or renewal as a registered trainee
871	assistant appraiser, licensed appraiser,or certified
872	residential appraiser, before commencing to instruct noncredit
873	college courses in a college, university, or community college,
874	or courses in an area technical center or proprietary real
875	estate school, a person must certify her or his competency by
876	meeting one of the following requirements:
877	(a) Hold a valid certification as a residential real
878	estate appraiser in this or any other state.
879	(b) Pass an appraiser instructor's examination which shall
880	test knowledge of residential appraisal topics.
881	(2) Where the course or courses to be taught are
882	prescribed by the board or approved precedent to registration,
883	licensure, certification, or renewal as a registered trainee
884	assistant appraiser, licensed appraiser,or certified appraiser,
885	before commencing to instruct noncredit college courses in a
886	college, university, or community college, or courses in an area
887	technical center or proprietary real estate school, a person
888	must certify her or his competency by meeting one of the
889	following requirements:
890	(a) Hold a valid certification as a general real estate
891	appraiser in this or any other state.
892	(b) Pass an appraiser instructor's examination which shall
893	test knowledge of residential and nonresidential appraisal
894	topics.
895	(3) Possession of a permit to teach prescribed or approved
896	appraisal courses does not entitle the permitholder to teach any
897	courses outside the scope of the permit.
898	Section 21. Section 475.628, Florida Statutes, is amended
899	to read:
900	475.628 Professional standards for appraisers registered,
901	licensed,or certified under this part.--Each appraiser
902	registered, licensed,or certified under this part shall comply
903	with the Uniform Standards of Professional Appraisal Practice.
904	Statements on appraisal standards which may be issued for the
905	purpose of clarification, interpretation, explanation, or
906	elaboration through the Appraisal Foundation shall also be
907	binding on any appraiser registered, licensed,or certified
908	under this part.
909	Section 22. Section 475.629, Florida Statutes, is amended
910	to read:
911	475.629 Retention of records.--An appraiser registered,
912	licensed,or certified under this part shall retain, for at
913	least 5 years, original or true copies of any contracts engaging
914	the appraiser's services, appraisal reports, and supporting data
915	assembled and formulated by the appraiser in preparing appraisal
916	reports. The period for retention of the records applicable to
917	each engagement of the services of the appraiser runs from the
918	date of the submission of the appraisal report to the client.
919	These records must be made available by the appraiser for
920	inspection and copying by the department on reasonable notice to
921	the appraiser. If an appraisal has been the subject of or has
922	served as evidence for litigation, reports and records must be
923	retained for at least 2 years after the trial.
924	Section 23. Section 475.6295, Florida Statutes, is amended
925	to read:
926	475.6295 Authority to inspect.--Duly authorized agents and
927	employees of the department shall have the power to inspect in a
928	lawful manner at all reasonable hours any appraiser or appraisal
929	office certified or registeredlicensedunder this chapter, for
930	the purpose of determining if any of the provisions of this
931	chapter, chapter 455, or any rule promulgated under authority of
932	either chapter is being violated.
933	Section 24. Section 475.631, Florida Statutes, is created
934	to read:
935	475.631 Nonresident licenses and certifications.--
936	(1) Notwithstanding the requirements for certification set
937	forth in ss. 475.615 and 475.616, the board in its discretion
938	may enter into written agreements with similar licensing or
939	certification authorities of other states, territories, or
940	jurisdictions of the United States to ensure for state-certified
941	appraisers nonresident licensure or certification opportunities
942	comparable to those afforded to nonresidents by this section.
943	Whenever the board determines that another jurisdiction does not
944	offer nonresident licensure or certification to state-certified
945	appraisers substantially comparable to those afforded to
946	certified appraisers or licensees of that jurisdiction by this
947	section, the board shall require certified appraisers or
948	licensees of that jurisdiction who apply for nonresident
949	certification to meet education, experience, and examination
950	requirements substantially comparable to those required by that
951	jurisdiction with respect to state-certified appraisers who seek
952	nonresident licensure or certification, not to exceed such
953	requirements as are prescribed in ss. 475.615 and 475.616.
954	(2)(a) An applicant who is not a resident of this state
955	shall file an irrevocable consent that suits and actions may be
956	commenced against her or him in any county of this state in
957	which a plaintiff having a cause of action or suit against her
958	or him resides and that service of any process or pleading in
959	suits or actions against her or him may be made by delivering
960	the process or pleading to the director of the Division of Real
961	Estate by certified mail, return receipt requested, and also to
962	the certified appraiser or licensee by registered mail addressed
963	to the certified appraiser or licensee at her or his designated
964	principal place of business. Service, when so made, must be
965	taken and held in all courts to be as valid and binding upon the
966	certified appraiser or licensee as if made upon her or him in
967	this state within the jurisdiction of the court in which the
968	suit or action is filed. The irrevocable consent must be in a
969	form prescribed by the department and be acknowledged before a
970	notary public.
971	(b) Any resident state-certified appraiser who becomes a
972	nonresident shall, within 60 days, notify the board of the
973	change in residency and comply with nonresident requirements.
974	Failure to notify and comply is a violation of the license law,
975	subject to the penalties in s. 475.624.
976	(c) All nonresident applicants, certified appraisers, and
977	licensees shall comply with all requirements of board rules and
978	this part. The board may adopt rules pursuant to ss. 120.536(1)
979	and 120.54 necessary for the regulation of nonresident certified
980	appraisers and licensees.
981	Section 25. Subsection (1) of section 655.60, Florida
982	Statutes, is amended to read:
983	655.60 Appraisals.--
984	(1) The department is authorized to cause to be made
985	appraisals of real estate or other property held by any state
986	financial institution, subsidiary, or service corporation or
987	securing the assets of the state financial institution,
988	subsidiary, or service corporation when specific facts or
989	information with respect to real estate or other property held,
990	secured loans, or lending, or when in its opinion the state
991	financial institution's policies, practices, operating results,
992	and trends give evidence that the state financial institution's
993	appraisals or evaluations of ability to make payments may be
994	excessive, that lending or investment may be of a marginal
995	nature, that appraisal policies and loan practices may not
996	conform with generally accepted and established professional
997	standards, or that real estate or other property held by the
998	state financial institution, subsidiary, or service corporation
999	or assets secured by real estate or other property are
1000	overvalued. In lieu of causing such appraisals to be made, the
1001	department may accept any appraisal caused to be made by an
1002	appropriate state or federal regulatory agency or other insuring
1003	agency or corporation of a state financial institution. Unless
1004	otherwise ordered by the department, an appraisal of real estate
1005	or other property pursuant to this section must be made by a
1006	licensed orcertified appraiser or appraisers selected by the
1007	department, and the cost of such appraisal shall be paid
1008	promptly by such state financial institution, subsidiary, or
1009	service corporation directly to such appraiser or appraisers
1010	upon receipt by the state financial institution of a statement
1011	of such cost bearing the written approval of the department. A
1012	copy of the report of each appraisal caused to be made by the
1013	department pursuant to this section shall be furnished to the
1014	state financial institution, subsidiary, or service corporation
1015	within a reasonable time, not exceeding 60 days, following the
1016	completion of such appraisal and may be furnished to the
1017	insuring agency or corporation or federal or state regulatory
1018	agency.
1019	Section 26. This act shall take effect July 1, 2003.