HB 1395 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to real estate appraisers; amending s.
12	475.611, F.S.; revising and providing definitions
13	applicable to regulation of real estate appraisers;
14	providing that licenses for the category of licensed
15	appraiser shall not be issued after a specified date;
16	redesignating registered assistant appraisers as
17	registered trainee appraisers; amending s. 475.612, F.S.;
18	conforming terminology; authorizing real estate brokers,
19	broker-salespersons, and salespersons to provide valuation
20	services without being regulated as appraisers;
21	authorizing brokers and salespersons to give price
22	opinions without being regulated as appraisers; removing
23	authorization for graduate students in appraising to be
24	supervised by licensed brokers; amending s. 475.613, F.S.;
25	granting the Florida Real Estate Appraisal Board power by
26	rule to establish standards for and regulate supervisory
27	appraisers; removing obsolete language; amending s.
28	475.6147, F.S.; clarifying applicability of fee provisions
29	to certification and registration; amending s. 475.617,
30	F.S.; clarifying experience requirements for certification
31	of residential and general appraisers; conforming
32	terminology; creating s. 475.6175, F.S.; requiring
33	postlicensure education for registered trainee appraisers
34	to maintain registration; requiring completion of such
35	education prior to the second renewal following initial
36	registration; requiring requalification for subsequent
37	registration as a trainee appraiser; authorizing a
38	physical hardship extension; amending s. 475.618, F.S.;
39	revising continuing education requirements to authorize
40	and provide for certification of distance learning courses
41	by independent certification organizations; conforming
42	terminology; amending s. 475.6221, F.S.; requiring a
43	registered trainee appraiser to perform appraisal services
44	under the direct supervision of a licensed or certified
45	appraiser; providing that a registered trainee appraiser
46	may only receive compensation through or from the primary
47	supervisory appraiser; creating s. 475.6222, F.S.;
48	providing requirements for supervision of registered
49	trainee appraisers; amending s. 475.6295, F.S.; clarifying
50	authority to inspect appraisers and appraisal offices;
51	creating s. 475.631, F.S.; providing for reciprocity for
52	nonresident appraisers; requiring an irrevocable consent
53	to suits and actions and providing for service of process
54	or pleading; requiring resident appraisers who become
55	nonresidents to notify the board and comply with
56	nonresident requirements; providing penalties; authorizing
57	the board to adopt rules for regulation of nonresident
58	appraisers; amending ss. 475.01, 475.011, 475.615,
59	475.619, 475.620, 475.622, 475.624, 475.626, and 475.627,
60	F.S.; conforming terminology; providing an effective date.
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62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. Paragraph (a) of subsection (1) of section
65	475.01, Florida Statutes, is amended to read:
66	475.01 Definitions.--
67	(1) As used in this part:
68	(a) "Broker" means a person who, for another, and for a
69	compensation or valuable consideration directly or indirectly
70	paid or promised, expressly or impliedly, or with an intent to
71	collect or receive a compensation or valuable consideration
72	therefor, appraises, auctions, sells, exchanges, buys, rents, or
73	offers, attempts or agrees to appraise, auction, or negotiate
74	the sale, exchange, purchase, or rental of business enterprises
75	or business opportunities or any real property or any interest
76	in or concerning the same, including mineral rights or leases,
77	or who advertises or holds out to the public by any oral or
78	printed solicitation or representation that she or he is engaged
79	in the business of appraising, auctioning, buying, selling,
80	exchanging, leasing, or renting business enterprises or business
81	opportunities or real property of others or interests therein,
82	including mineral rights, or who takes any part in the procuring
83	of sellers, purchasers, lessors, or lessees of business
84	enterprises or business opportunities or the real property of
85	another, or leases, or interest therein, including mineral
86	rights, or who directs or assists in the procuring of prospects
87	or in the negotiation or closing of any transaction which does,
88	or is calculated to, result in a sale, exchange, or leasing
89	thereof, and who receives, expects, or is promised any
90	compensation or valuable consideration, directly or indirectly
91	therefor; and all persons who advertise rental property
92	information or lists. A broker renders a professional service
93	and is a professional within the meaning of s. 95.11(4)(a).
94	Where the term "appraise" or "appraising" appears in the
95	definition of the term "broker," it specifically excludes those
96	appraisal services which must be performed only by a state-
97	licensed or state-certified appraiser,and those appraisal
98	services which may be performed by a registered trainee
99	assistantappraiser as defined in part II. The term "broker"
100	also includes any person who is a general partner, officer, or
101	director of a partnership or corporation which acts as a broker.
102	The term "broker" also includes any person or entity who
103	undertakes to list or sell one or more timeshare periods per
104	year in one or more timeshare plans on behalf of any number of
105	persons, except as provided in ss. 475.011 and 721.20.
106	Section 2. Subsection (9) of section 475.011, Florida
107	Statutes, is amended to read:
108	475.011 Exemptions.--This part does not apply to:
109	(9) Any person registered, licensed, or certified by the
110	department under part II as an appraiser or traineeassistant
111	appraiser performing appraisals in accordance with that part.
112	Section 3. Subsections (1) and (2) of section 475.611,
113	Florida Statutes, are amended to read:
114	475.611 Definitions.--
115	(1) As used in this part, the term:
116	(a) "Appraisal" or "appraisal services" means the services
117	provided by certified or licensed appraisers or registered
118	traineeassistantappraisers, and includes:
119	1. "Appraisal assignment" denotes an engagement for which
120	a person is employed or retained to act, or could be perceived
121	by third parties or the public as acting, as an agent or a
122	disinterested third party in rendering an unbiased analysis,
123	opinion, review, or conclusion relating to the nature, quality,
124	value, or utility of specified interests in, or aspects of,
125	identified real property.
126	2. "Analysis assignment" denotes appraisal services that
127	relate to the employer's or client's individual needs or
128	investment objectives and includes specialized marketing,
129	financing, and feasibility studies as well as analyses,
130	opinions, and conclusions given in connection with activities
131	such as real estate brokerage, mortgage banking, orreal estate
132	counseling, or real estate consulting.
133	3. "Appraisal review assignment" denotes an engagement for
134	which an appraiser is employed or retained to develop and
135	communicate an opinion about the quality of another appraiser's
136	appraisal, appraisal report, or work. An appraisal review may or
137	may not contain the reviewing appraiser's opinion of value.
138	(b) "Appraisal Foundation" or "foundation" means the
139	Appraisal Foundation established on November 20, 1987, as a not-
140	for-profit corporation under the laws of Illinois.
141	(c) "Appraisal report" means any communication,written or
142	oral, of an appraisal, appraisal review, appraisal consulting
143	service, analysis, opinion, or conclusion issued by an appraiser
144	relating to the nature, quality, value, or utility of a
145	specified interest in, or aspect of, identified real property,
146	and includes anyareport communicating an appraisal analysis,
147	opinion, or conclusion of value, regardless of title. However,
148	in order to be recognized in a federally related transaction, an
149	appraisal report must be written.
150	(d) "Appraisal review" means the act or process of
151	developing and communicating an opinion about the quality of
152	another appraiser's appraisal, appraisal report, or work.
153	(e)(d)"Appraisal subcommittee" means the designees of the
154	heads of the federal financial institutions regulatory agencies
155	established by the Federal Financial Institutions Examination
156	Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended.
157	(f)(e) "Appraiser" means any person who is a registered
158	traineeassistantreal estate appraiser, licensed real estate
159	appraiser, or a certified real estate appraiser. An appraiser
160	renders a professional service and is a professional within the
161	meaning of s. 95.11(4)(a).
162	(g)(f)"Board" means the Florida Real Estate Appraisal
163	Board established under this section.
164	(h)(g)"Certified general appraiser" means a person who is
165	certified by the department as qualified to issue appraisal
166	reports for any type of real property.
167	(i)(h)"Certified residential appraiser" means a person
168	who is certified by the department as qualified to issue
169	appraisal reports for residential real property of one to four
170	residential units, without regard to transaction value or
171	complexity, or real property as may be authorized by federal
172	regulation.
173	(j)(i)"Department" means the Department of Business and
174	Professional Regulation.
175	(k)(j)"Federally related transaction" means any real
176	estate-related financial transaction which a federal financial
177	institutions regulatory agency or the Resolution Trust
178	Corporation engages in, contracts for, or regulates, and which
179	requires the services of a state-licensed or state-certified
180	appraiser.
181	(l)(k)"Licensed appraiser" means a person who is licensed
182	by the department as qualified to issue appraisal reports for
183	residential real property of one to four residential units or on
184	such real estate or real property as may be authorized by
185	federal regulation. After July 1, 2003, the department shall no
186	longer issue licenses for the category of licensed appraiser.
187	(m)(l) "Registered traineeassistantappraiser" means a
188	person who is registered with the department as qualified to
189	perform appraisal services only under the directsupervision of
190	a licensed or certified appraiser. A registered trainee
191	appraiser may accept appraisal assignments only from her or his
192	primary or secondary supervisory appraiser.
193	(n) "Supervisory appraiser" means a licensed appraiser, a
194	certified residential appraiser, or a certified general
195	appraiser responsible for the direct supervision of one or more
196	registered trainee appraisers and fully responsible for
197	appraisals and appraisal reports prepared by those registered
198	trainee appraisers. The board, by rule, shall determine the
199	responsibilities of a supervisory appraiser, the geographic
200	proximity required, and the maximum number of registered trainee
201	appraisers to be supervised by an individual supervisory
202	appraiser.
203	(o)(m)"Uniform Standards of Professional Appraisal
204	Practice" means the most recent standards approved and adopted
205	by the Appraisal Standards Board of the Appraisal Foundation.
206	(p) "Valuation services" means services pertaining to
207	aspects of property value and includes such services performed
208	by certified appraisers, registered trainee appraisers, and
209	others.
210	(q) "Work file" means the documentation necessary to
211	support an appraiser's analysis, opinions, and conclusions.
212	(2) Wherever the word "operate" or "operating" appears in
213	this part with respect to a registered traineeassistant
214	appraiser, licensed appraiser, or certified appraiser; in any
215	order, rule, or regulation of the board; in any pleading,
216	indictment, or information under this part; in any court action
217	or proceeding; or in any order or judgment of a court, it shall
218	be deemed to mean the commission of one or more acts described
219	in this part as constituting or defining a registered trainee
220	assistantappraiser, licensed appraiser, or certified appraiser,
221	not including, however, any of the exceptions stated therein. A
222	single act is sufficient to bring a person within the meaning of
223	this subsection, and each act, if prohibited herein, constitutes
224	a separate offense.
225	Section 4. Subsections (1), (2), (3), and (5) of section
226	475.612, Florida Statutes, are amended to read:
227	475.612 Certification, licensure, or registration
228	required.--
229	(1) A person may not use the title "certified real estate
230	appraiser," "licensed real estate appraiser," or "registered
231	traineeassistantreal estate appraiser," or any abbreviation or
232	words to that effect, or issue an appraisal report in connection
233	with any federally related transaction, unless such person is
234	certified, licensed, or registered by the department under this
235	part. However, the work upon which an appraisal report is based
236	may be performed by a person who is not a certified or licensed
237	appraiser or registered traineeassistantappraiser if the
238	report is approved and signed by a certified or licensed
239	appraiser.
240	(2) This section does not preclude a broker, salesperson,
241	or broker-salesperson who is not a certified or licensed real
242	estate appraiser or registered traineeassistantreal estate
243	appraiser from providing valuation servicesappraising real
244	estate for compensation. Such persons may continue to provide
245	valuationappraisals and appraisalservices for compensation so
246	long as they do not represent themselves as certified, licensed,
247	or registered under this part.
248	(3) This section does not apply to a real estate broker or
249	salesperson who, in the ordinary course of business, performs a
250	comparative market analysis, gives a brokerprice opinion, or
251	gives an opinion of the value of real estate. However, in no
252	event may this comparative market analysis, brokerprice
253	opinion, or opinion of value of real estate be referred to or
254	construed as an appraisal.
255	(5) This section does not apply to any full-time graduate
256	student who is enrolled in a degree program in appraising at a
257	college or university in this state, if the student is acting
258	under the direct supervision of a certified or licensed
259	appraiser or licensed brokerand is engaged only in appraisal
260	activities related to the approved degree program. Any appraisal
261	report by the student must be issued in the name of the
262	supervising individual.
263	Section 5. Section 475.613, Florida Statutes, is amended
264	to read:
265	475.613 Florida Real Estate Appraisal Board.--
266	(1) There is created the Florida Real Estate Appraisal
267	Board, which shall consist of seven members appointed by the
268	Governor, subject to confirmation by the Senate. Four members of
269	the board must be real estate appraisers who have been engaged
270	in the general practice of appraising real property in this
271	state for at least 5 years immediately preceding appointment. In
272	appointing real estate appraisers to the board, while not
273	excluding other appraisers, the Governor shall give preference
274	to real estate appraisers who are not primarily engaged in real
275	estate brokerage or mortgage lending activities. One member of
276	the board must represent organizations that use appraisals for
277	the purpose of eminent domain proceedings, financial
278	transactions, or mortgage insurance. Two members of the board
279	shall be representatives of the general public and shall not be
280	connected in any way with the practice of real estate appraisal,
281	real estate brokerage, or mortgage lending. The appraiser
282	members shall be as representative of the entire industry as
283	possible, and membership in a nationally recognized or state-
284	recognized appraisal organization shall not be a prerequisite to
285	membership on the board. To the extent possible, no more than
286	two members of the board shall be primarily affiliated with any
287	one particular national or state appraisal association. After
288	July 1, 1992,Two of the members must be licensed or certified
289	residential real estate appraisers and two of the members must
290	be certified general real estate appraisers at the time of their
291	appointment.
292	(a) Initially, four members of the board shall be
293	appointed for 3-year terms, and three members shall be appointed
294	for 4-year terms. Thereafter, all Members of the boardshall be
295	appointed for 4-year terms. Any vacancy occurring in the
296	membership of the board shall be filled by appointment by the
297	Governor for the unexpired term. Upon expiration of her or his
298	or herterm, a member of the board shall continue to hold office
299	until the appointment and qualification of the member's
300	successor. A member may not be appointed for more than two
301	consecutive terms. The Governor may remove any member for cause.
302	(b) The headquarters for the board shall be in Orlando.
303	(c) The board shall meet at least once each calendar
304	quarter to conduct its business.
305	(d) The members of the board shall elect a chairperson at
306	the first meeting each year.
307	(e) Each member of the board is entitled to per diem and
308	travel expenses as set by legislative appropriation for each day
309	that the member engages in the business of the board.
310	(2) The board shall have, through its rules, full power to
311	regulate the issuance of licenses, certifications,
312	registrations, and permits; to discipline appraisers in any
313	manner permitted under this section; to establish qualifications
314	for licenses, certifications, registrations, and permits
315	consistent with this section; to regulate approved courses; and
316	to establish standards for real estate appraisals; and to
317	establish standards for and regulate supervisory appraisers.
318	Section 6. Section 475.6147, Florida Statutes, is amended
319	to read:
320	475.6147 Fees.--
321	(1) The board by rule may establish fees to be paid for
322	application, licensing and renewal, certification and
323	recertification, registration and reregistration,reinstatement,
324	and recordmaking and recordkeeping. The fee for initial
325	application may not exceed $150, and the combined cost of the
326	application and examination may not exceed $300. The initial
327	certification, registration, or license fee and the
328	certification, registration, orlicense renewal fee may not
329	exceed $150 for each year of the duration of the certification,
330	registration, orlicense. The board may also establish by rule a
331	late renewal penalty. The board shall establish fees which are
332	adequate to ensure its continued operation. Fees shall be based
333	on estimates made by the department of the revenue required to
334	implement this part and other provisions of law relating to the
335	regulation of real estate appraisers.
336	(2) Application and certification, registration, and
337	license fees shall be refunded upon a determination by the board
338	that the state is not entitled to the fees or that only a
339	portion of the resources have been expended in the processing of
340	the application or shall be refunded if for any other reason the
341	application is not completely processed. The board shall
342	implement this subsection by rule.
343	Section 7. Subsections (1), (4), and (6) of section
344	475.615, Florida Statutes, are amended to read:
345	475.615 Qualifications for registration, licensure, or
346	certification.--
347	(1) Any person desiring to act as a registered trainee
348	assistantappraiser or as a licensed or certified appraiser must
349	make application in writing to the department in such form and
350	detail as the board shall prescribe. Each applicant must be at
351	least 18 years of age and hold a high school diploma or its
352	equivalent. At the time of application, a person must furnish
353	evidence of successful completion of required education and
354	evidence of required experience, if any.
355	(4) In the event that the applicant is currently a
356	registered traineeassistantappraiser or a licensed or
357	certified appraiser and is making application to obtain a
358	different status of appraisal licensure, should such application
359	be received by the department within 180 days prior to through
360	180 days after the applicant's scheduled renewal, the charge for
361	the application shall be established by the rules of the board
362	pursuant to s. 475.6147.
363	(6) All applicants must be competent and qualified to make
364	real estate appraisals with safety to those with whom they may
365	undertake a relationship of trust and confidence and the general
366	public. If any applicant has been denied registration,
367	licensure, or certification, or has been disbarred, or the
368	applicant's registration, license, or certificate to practice or
369	conduct any regulated profession, business, or vocation has been
370	revoked or suspended by this or any other state, any nation, or
371	any possession or district of the United States, or any court or
372	lawful agency thereof, because of any conduct or practices which
373	would have warranted a like result under this part, or if the
374	applicant has been guilty of conduct or practices in this state
375	or elsewhere which would have been grounds for disciplining her
376	or his registration, license, or certification under this part
377	had the applicant then been a registered traineeassistant
378	appraiser or a licensed or certified appraiser, the applicant
379	shall be deemed not to be qualified unless, because of lapse of
380	time and subsequent good conduct and reputation, or other reason
381	deemed sufficient, it appears to the board that the interest of
382	the public is not likely to be endangered by the granting of
383	registration, licensure, or certification.
384	Section 8. Subsection (1), paragraph (a) of subsection
385	(3), and paragraph (a) of subsection (4) of section 475.617,
386	Florida Statutes, are amended to read:
387	475.617 Education and experience requirements.--
388	(1) To be registered as a traineean assistantappraiser,
389	an applicant must present evidence satisfactory to the board
390	that she or he has successfully completed at least 75 hours of
391	approved academic courses in subjects related to real estate
392	appraisal, which shall include coverage of the Uniform Standards
393	of Professional Appraisal Practice from a nationally recognized
394	or state-recognized appraisal organization, area technical
395	center, accredited community college, college, or university,
396	state or federal agency or commission, or proprietary real
397	estate school that holds a permit pursuant to s. 475.451. The
398	board may increase the required number of hours to not more than
399	100 hours. A classroom hour is defined as 50 minutes out of each
400	60-minute segment. Past courses may be approved on an hour-for-
401	hour basis.
402	(3) To be certified as a residential appraiser, an
403	applicant must present satisfactory evidence to the board that
404	she or he:
405	(a) Has at least2,500 hours of experience obtained over a
406	24-month period in real property appraisal as defined by rule.
407	(4) To be certified as a general appraiser, an applicant
408	must present evidence satisfactory to the board that she or he:
409	(a) Has at least3,000 hours of experience obtained over a
410	30-month period in real property appraisal as defined by rule.
411	Section 9. Section 475.6175, Florida Statutes, is created
412	to read:
413	475.6175 Registered trainee appraiser; postlicensure
414	education required.--
415	(1) The board shall prescribe postlicensure educational
416	requirements in order for a person to maintain a valid
417	registration as a registered trainee appraiser. If prescribed,
418	the postlicensure educational requirements shall consist of one
419	or more courses which total no more than the total educational
420	hours required to qualify as a state certified residential
421	appraiser. Such courses must be in subjects related to real
422	estate appraisal and shall include coverage of the Uniform
423	Standards of Professional Appraisal Practice. Such courses shall
424	be provided by a nationally or state-recognized appraisal
425	organization, area technical center, accredited community
426	college, college, or university, state or federal agency or
427	commission, or proprietary real estate school that holds a
428	permit pursuant to s. 475.451.
429	(2) The registration of any registered trainee appraiser
430	who does not complete the board-prescribed postlicensure
431	educational requirements prior to the second renewal following
432	initial registration shall become void without further
433	administrative action. Such person may requalify to practice as
434	a registered trainee appraiser only by retaking the required
435	education and complying with all other requirements of law to be
436	registered as a registered trainee appraiser. Any registered
437	trainee appraiser registered prior to July 1, 2003, shall comply
438	with the board-prescribed postlicensure educational requirements
439	within the next two biennial renewal cycles following July 1,
440	2003.
441	(3) The board may allow an additional 6-month period after
442	the second renewal following initial licensure or the effective
443	date of this act for completing the postlicensure education
444	courses for registered trainee appraisers who cannot, due to
445	individual physical hardship, as defined by rule, complete the
446	courses within the required time.
447	Section 10. Subsections (1) and (4) of section 475.618,
448	Florida Statutes, are amended to read:
449	475.618 Renewal of registration, license, certification,
450	or instructor permit; continuing education.--
451	(1)(a)The department shall renew a registration, license,
452	certification, or instructor permit upon receipt of the renewal
453	application and proper fee. Such application shall include proof
454	satisfactory to the board that the individual has satisfactorily
455	completed any continuing education that has been prescribed by
456	the board.
457	(b)A distance learning course or courses shall be
458	approved by the board as an option to classroom hours as
459	satisfactory completion of the course or courses as required by
460	this section. The schools authorized by this section have the
461	option of providing classroom courses, distance learning
462	courses, or both. However, satisfactory completion of a distance
463	learning course requires the satisfactory completion of a timed
464	distance learning course examination. Such examination shall not
465	be required to be monitored or given at a centralized location.
466	(c) The board in its discretion may authorize independent
467	certification organizations to certify or approve the delivery
468	method of distance learning courses. Certification from such
469	authorized organizations must be provided at the time a distance
470	learning course is submitted to the board by an accredited
471	college, university, community college, area technical center,
472	proprietary real estate school, or board-approved sponsor for
473	content approval.
474	(4) At least 60 days prior to the end of the registration,
475	license, certification, or instructor permit period, the
476	department shall cause to be mailed a notice of renewal and
477	possible reversion to the last known address of the registered
478	traineeassistant, licensee, certificateholder, or permitholder.
479	Section 11. Subsection (2) of section 475.619, Florida
480	Statutes, is amended to read:
481	475.619 Inactive status.--
482	(2) Any registration, license, or certification which has
483	been inactive for more than 4 years shall automatically expire.
484	Once a registration, license, or certification expires, it
485	becomes null and void without any further action by the board or
486	department. Two years prior to the expiration of the
487	registration, license, or certification, the department shall
488	give notice by mail to the registered traineeassistant,
489	licensee, or certificateholder at her or his last known address.
490	The board shall prescribe by rule a fee not to exceed $100 for
491	the late renewal of an inactive registration, license, or
492	certification. The department shall collect the current renewal
493	fee for each renewal period in which the registration, license,
494	or certification was inactive, in addition to any applicable
495	late renewal fee.
496	Section 12. Subsection (2) of section 475.620, Florida
497	Statutes, is amended to read:
498	475.620 Corporations and partnerships ineligible for
499	licensure or certification.--
500	(2) The term "state-registered traineeassistant
501	appraiser," "state-licensed appraiser," or "state-certified
502	appraiser" may only be used to refer to an individual who is
503	registered, licensed, or certified under this part and may not
504	be used following or immediately in connection with the name or
505	signature of a corporation, partnership, firm, or group, or in
506	such manner that it could be interpreted as implying
507	registration, licensure, or certification under this part of a
508	corporation, partnership, firm, or group, or anyone other than
509	an individual appraiser. Corporations, partnerships, firms, or
510	groups which employ certified or licensed appraisers or
511	registered traineeassistantappraisers who provide appraisal
512	reports, as defined by this part, may represent to the public
513	and advertise that they offer appraisals performed by
514	registered, licensed, or certified appraisers.
515	Section 13. Section 475.622, Florida Statutes, is amended
516	to read:
517	475.622 Display and disclosure of licensure,
518	certification, or registration.--
519	(1) Each appraiser registered, licensed, or certified
520	under this part shall place her or his registration, license, or
521	certification number adjacent to or immediately beneath the
522	designation "state-registered traineeassistantreal estate
523	appraiser," "state-licensed real estate appraiser," "state-
524	certified residential real estate appraiser," or "state-
525	certified general real estate appraiser," or their appropriate
526	abbreviations as defined by rule, as applicable, when such term
527	is used in an appraisal report or in a contract or other
528	instrument used by the appraiser in conducting real property
529	appraisal activities. The applicable designation shall be
530	included in any newspaper, telephone directory, or other
531	advertising medium, as defined by rule, used by the appraiser.
532	(2) A registered traineeassistantappraiser or licensed
533	or certified appraiser may not sign any appraisal report or
534	certificationor communicate same without disclosing in writing
535	that she or he is a state-registered traineeassistantappraiser
536	or state-licensed, state-certified residential, or state-
537	certified general appraiser, as applicable, even if the
538	appraisal performed is outside of the scope of the appraiser's
539	registration, licensure, or certification as an appraiser.
540	(3) The primary or secondary supervisorysupervising
541	licensed or certified appraiser of a registered trainee
542	assistant real estate appraiser must sign eachanyappraisal
543	report and certification signed by the registered trainee
544	assistant.
545	(4) The supervisorysupervising appraiser of a registered
546	traineeassistant real estate appraiser must disclose her or his
547	or herappropriate designation and number any time the
548	registered traineeassistantis required to make such
549	disclosures.
550	Section 14. Section 475.6221, Florida Statutes, is amended
551	to read:
552	475.6221 Employment of registered traineeassistantreal
553	estate appraisers.--
554	(1) A registered traineeassistantreal estate appraiser
555	must perform appraisal services under the directsupervision of
556	a licensed or certified appraiser who is designated as the
557	primary supervisory appraisersupervisor. The primary
558	supervisory appraisersupervisormay also designate additional
559	licensed or certified appraisers as secondary supervisory
560	appraiserssupervisors. A secondary supervisory appraiser
561	supervisormust be affiliated with the same firm or business as
562	the primary supervisory appraisersupervisorand the primary or
563	secondary supervisory appraisersupervisormust have the same
564	business address as the registered traineeassistantreal estate
565	appraiser. The primary supervisoryA registered assistant real
566	estateappraiser must notify the Division of Real Estate of the
567	name and address of any primary and secondary supervisory
568	appraisersupervisor for whom the registered traineeassistant
569	will perform appraisal services, and must also notify the
570	division within 10 days after terminating such relationship.
571	Termination of the relationship with a primary supervisory
572	appraisersupervisorautomatically terminates the relationship
573	with the secondary supervisory appraisersupervisor.
574	(2) A registered traineeassistantreal estate appraiser
575	may onlynot receive compensation through or frompayment
576	directly from the recipient of an appraisal report, unlessthe
577	primary supervisorysupervising licensed or certified appraiser
578	agrees to the payment arrangement.
579	Section 15. Section 475.6222, Florida Statutes, is created
580	to read:
581	475.6222 Supervision of registered trainee
582	appraisers.--The primary or secondary supervisory appraiser of a
583	registered trainee appraiser must provide direct supervision to
584	the registered trainee appraiser. The role and responsibility of
585	the supervisory appraiser shall be determined by rule of the
586	board.
587	Section 16. Section 475.624, Florida Statutes, is amended
588	to read:
589	475.624 Discipline.--The board may deny an application for
590	registration, licensure, or certification; may investigate the
591	actions of any appraiser registered, licensed, or certified
592	under this part; may reprimand or impose an administrative fine
593	not to exceed $5,000 for each count or separate offense against
594	any such appraiser; and may revoke or suspend, for a period not
595	to exceed 10 years, the registration, license, or certification
596	of any such appraiser, or place any such appraiser on probation,
597	if it finds that the registered traineeassistant, licensee, or
598	certificateholder:
599	(1) Has violated any provisions of this part or s.
600	455.227(1); however, certificateholders, registrants, and
601	licensees under this part are exempt from the provisions of s.
602	455.227(1)(i).
603	(2) Has been guilty of fraud, misrepresentation,
604	concealment, false promises, false pretenses, dishonest conduct,
605	culpable negligence, or breach of trust in any business
606	transaction in this state or any other state, nation, or
607	territory; has violated a duty imposed upon her or him by law or
608	by the terms of a contract, whether written, oral, express, or
609	implied, in an appraisal assignment; has aided, assisted, or
610	conspired with any other person engaged in any such misconduct
611	and in furtherance thereof; or has formed an intent, design, or
612	scheme to engage in such misconduct and committed an overt act
613	in furtherance of such intent, design, or scheme. It is
614	immaterial to the guilt of the registered traineeassistant,
615	licensee, or certificateholder that the victim or intended
616	victim of the misconduct has sustained no damage or loss; that
617	the damage or loss has been settled and paid after discovery of
618	the misconduct; or that such victim or intended victim was a
619	customer or a person in confidential relation with the
620	registered traineeassistant, licensee, or certificateholder, or
621	was an identified member of the general public.
622	(3) Has advertised services in a manner which is
623	fraudulent, false, deceptive, or misleading in form or content.
624	(4) Has violated any of the provisions of this section or
625	any lawful order or rule issued under the provisions of this
626	section or chapter 455.
627	(5) Has been convicted or found guilty of, or entered a
628	plea of nolo contendere to, regardless of adjudication, a crime
629	in any jurisdiction which directly relates to the activities of
630	a registered traineeassistantappraiser or licensed or
631	certified appraiser, or which involves moral turpitude or
632	fraudulent or dishonest conduct. The record of a conviction
633	certified or authenticated in such form as admissible in
634	evidence under the laws of the state shall be admissible as
635	prima facie evidence of such guilt.
636	(6) Has had a registration, license, or certification as
637	an appraiser revoked, suspended, or otherwise acted against, or
638	has been disbarred, or has had her or his registration, license,
639	or certificate to practice or conduct any regulated profession,
640	business, or vocation revoked or suspended by this or any other
641	state, any nation, or any possession or district of the United
642	States, or has had an application for such registration,
643	licensure, or certification to practice or conduct any regulated
644	profession, business, or vocation denied by this or any other
645	state, any nation, or any possession or district of the United
646	States.
647	(7) Has become temporarily incapacitated from acting as an
648	appraiser with safety to those in a fiduciary relationship with
649	her or him because of drunkenness, use of drugs, or temporary
650	mental derangement; however, suspension of a license,
651	certification, or registration in such cases shall only be for
652	the period of such incapacity.
653	(8) Is confined in any county jail, postadjudication; is
654	confined in any state or federal prison or mental institution;
655	or, through mental disease or deterioration, can no longer
656	safely be entrusted to deal with the public or in a confidential
657	capacity.
658	(9) Has failed to inform the board in writing within 30
659	days after pleading guilty or nolo contendere to, or being
660	convicted or found guilty of, any felony.
661	(10) Has been found guilty, for a second time, of any
662	misconduct that warrants disciplinary action, or has been found
663	guilty of a course of conduct or practice which shows that she
664	or he is incompetent, negligent, dishonest, or untruthful to an
665	extent that those with whom she or he may sustain a confidential
666	relationship may not safely do so.
667	(11) Has made or filed a report or record, either written
668	or oral, which the registered traineeassistant, licensee, or
669	certificateholder knows to be false; has willfully failed to
670	file a report or record required by state or federal law; has
671	willfully impeded or obstructed such filing, or has induced
672	another person to impede or obstruct such filing. However, such
673	reports or records shall include only those which are signed or
674	presented in the capacity of a registered traineeassistant
675	appraiser or licensed or certified appraiser.
676	(12) Has obtained or attempted to obtain a registration,
677	license, or certification by means of knowingly making a false
678	statement, submitting false information, refusing to provide
679	complete information in response to an application question, or
680	engaging in fraud, misrepresentation, or concealment.
681	(13) Has paid money or other valuable consideration,
682	except as required by this section, to any member or employee of
683	the board to obtain a registration, license, or certification
684	under this section.
685	(14) Has violated any standard for the development or
686	communication of a real estate appraisal or other provision of
687	the Uniform Standards of Professional Appraisal Practice.
688	(15) Has failed or refused to exercise reasonable
689	diligence in developing an appraisal or preparing an appraisal
690	report.
691	(16) Has failed to communicate an appraisal without good
692	cause.
693	(17) Has accepted an appraisal assignment if the
694	employment itself is contingent upon the appraiser reporting a
695	predetermined result, analysis, or opinion, or if the fee to be
696	paid for the performance of the appraisal assignment is
697	contingent upon the opinion, conclusion, or valuation reached
698	upon the consequences resulting from the appraisal assignment.
699	(18) Has failed to timely notify the department of any
700	change in business location, or has failed to fully disclose all
701	business locations from which she or he operates as a registered
702	traineeassistantreal estate appraiser or licensed or certified
703	real estate appraiser.
704	Section 17. Paragraph (a) of subsection (1) of section
705	475.626, Florida Statutes, is amended to read:
706	475.626 Violations and penalties.--
707	(1) VIOLATIONS.--
708	(a) No person shall operate or attempt to operate as a
709	registered traineeassistantappraiser or licensed or certified
710	appraiser without being the holder of a valid and current
711	registration, license, or certification.
712	Section 18. Subsections (1) and (2) of section 475.627,
713	Florida Statutes, are amended to read:
714	475.627 Appraisal course instructors.--
715	(1) Where the course or courses to be taught are
716	prescribed by the board or approved precedent to registration,
717	licensure, certification, or renewal as a registered trainee
718	assistantappraiser, licensed appraiser, or certified
719	residential appraiser, before commencing to instruct noncredit
720	college courses in a college, university, or community college,
721	or courses in an area technical center or proprietary real
722	estate school, a person must certify her or his competency by
723	meeting one of the following requirements:
724	(a) Hold a valid certification as a residential real
725	estate appraiser in this or any other state.
726	(b) Pass an appraiser instructor's examination which shall
727	test knowledge of residential appraisal topics.
728	(2) Where the course or courses to be taught are
729	prescribed by the board or approved precedent to registration,
730	licensure, certification, or renewal as a registered trainee
731	assistantappraiser, licensed appraiser, or certified appraiser,
732	before commencing to instruct noncredit college courses in a
733	college, university, or community college, or courses in an area
734	technical center or proprietary real estate school, a person
735	must certify her or his competency by meeting one of the
736	following requirements:
737	(a) Hold a valid certification as a general real estate
738	appraiser in this or any other state.
739	(b) Pass an appraiser instructor's examination which shall
740	test knowledge of residential and nonresidential appraisal
741	topics.
742	Section 19. Section 475.6295, Florida Statutes, is amended
743	to read:
744	475.6295 Authority to inspect.--Duly authorized agents and
745	employees of the department shall have the power to inspect in a
746	lawful manner at all reasonable hours any appraiser or appraisal
747	office certified, registered, orlicensed under this chapter,
748	for the purpose of determining if any of the provisions of this
749	chapter, chapter 455, or any rule promulgated under authority of
750	either chapter is being violated.
751	Section 20. Section 475.631, Florida Statutes, is created
752	to read:
753	475.631 Nonresident licenses and certifications.--
754	(1) Notwithstanding the requirements for certification set
755	forth in ss. 475.615 and 475.616, the board in its discretion
756	may enter into written agreements with similar licensing or
757	certification authorities of other states, territories, or
758	jurisdictions of the United States to ensure for state-certified
759	appraisers nonresident licensure or certification opportunities
760	comparable to those afforded to nonresidents by this section.
761	Whenever the board determines that another jurisdiction does not
762	offer nonresident licensure or certification to state-certified
763	appraisers substantially comparable to those afforded to
764	certified appraisers or licensees of that jurisdiction by this
765	section, the board shall require certified appraisers or
766	licensees of that jurisdiction who apply for nonresident
767	certification to meet education, experience, and examination
768	requirements substantially comparable to those required by that
769	jurisdiction with respect to state-certified appraisers who seek
770	nonresident licensure or certification, not to exceed such
771	requirements as are prescribed in ss. 475.615 and 475.616.
772	(2)(a) An applicant who is not a resident of this state
773	shall file an irrevocable consent that suits and actions may be
774	commenced against her or him in any county of this state in
775	which a plaintiff having a cause of action or suit against her
776	or him resides and that service of any process or pleading in
777	suits or actions against her or him may be made by delivering
778	the process or pleading to the director of the Division of Real
779	Estate by certified mail, return receipt requested, and also to
780	the certified appraiser or licensee by registered mail addressed
781	to the certified appraiser or licensee at her or his designated
782	principal place of business. Service, when so made, must be
783	taken and held in all courts to be as valid and binding upon the
784	certified appraiser or licensee as if made upon her or him in
785	this state within the jurisdiction of the court in which the
786	suit or action is filed. The irrevocable consent must be in a
787	form prescribed by the department and be acknowledged before a
788	notary public.
789	(b) Any resident state-certified appraiser who becomes a
790	nonresident shall, within 60 days, notify the board of the
791	change in residency and comply with nonresident requirements.
792	Failure to notify and comply is a violation of the license law,
793	subject to the penalties in s. 475.624.
794	(c) All nonresident applicants, certified appraisers, and
795	licensees shall comply with all requirements of board rules and
796	this part. The board may adopt rules pursuant to ss. 120.536(1)
797	and 120.54 necessary for the regulation of nonresident certified
798	appraisers and licensees.
799	Section 21. This act shall take effect July 1, 2003.