HB 0159CS

CHAMBER ACTION



1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to regulation of real estate appraisers;
7amending s. 475.611, F.S.; revising and providing
8definitions; amending s. 475.612, F.S.; revising
9requirements relating to work performed by persons who are
10not certified, licensed, or registered; providing
11requirements relating to issuance of appraisal reports and
12compensation of appraisers, including trainees; amending
13s. 475.615, F.S.; removing obsolete language relating to
14qualifications for registration, licensure, or
15certification; revising education and experience
16requirements; amending s. 475.616, F.S.; removing obsolete
17language relating to examination requirements; amending s.
18475.617, F.S.; revising the minimum and maximum course
19hour requirements for trainee appraiser registration;
20removing obsolete provisions establishing education and
21experience requirements for licensure as an appraiser;
22revising education and experience requirements for
23certification as a residential appraiser or general
24appraiser; requiring applicants for certification to
25maintain certain application documents; providing
26rulemaking authority; creating s. 475.6171, F.S.;
27providing for the issuance of registration and
28certification upon receipt of proper documentation;
29providing rulemaking authority; amending s. 475.6221,
30F.S.; prohibiting supervisory appraisers from certain
31employment; amending s. 475.6222, F.S.; requiring
32supervisory appraisers to provide direct training to
33registered trainee appraisers; amending s. 475.623, F.S.;
34requiring appraisers to furnish their firm or business
35name and any change in that name to the Department of
36Business and Professional Regulation; amending s. 475.624,
37F.S.; removing obsolete references; correcting cross-
38references; providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsection (1) of section 475.611, Florida
43Statutes, is amended to read:
44     475.611  Definitions.--
45     (1)  As used in this part, the term:
46     (a)  "Appraisal" or "appraisal services" means the services
47provided by certified or licensed appraisers or registered
48trainee appraisers, and includes:
49     1.  "Appraisal assignment" denotes an engagement for which
50a person is employed or retained to act, or could be perceived
51by third parties or the public as acting, as an agent or a
52disinterested third party in rendering an unbiased analysis,
53opinion, review, or conclusion relating to the nature, quality,
54value, or utility of specified interests in, or aspects of,
55identified real property.
56     2.  "Analysis assignment" denotes appraisal services that
57relate to the employer's or client's individual needs or
58investment objectives and includes specialized marketing,
59financing, and feasibility studies as well as analyses,
60opinions, and conclusions given in connection with activities
61such as real estate brokerage, mortgage banking, real estate
62counseling, or real estate consulting.
63     3.  "Appraisal review assignment" denotes an engagement for
64which an appraiser is employed or retained to develop and
65communicate an opinion about the quality of another appraiser's
66appraisal, appraisal report, or work. An appraisal review may or
67may not contain the reviewing appraiser's opinion of value.
68     (b)  "Appraisal Foundation" or "foundation" means the
69Appraisal Foundation established on November 20, 1987, as a not-
70for-profit corporation under the laws of Illinois.
71     (c)  "Appraisal report" means any communication, written or
72oral, of an appraisal, appraisal review, appraisal consulting
73service, analysis, opinion, or conclusion relating to the
74nature, quality, value, or utility of a specified interest in,
75or aspect of, identified real property, and includes any report
76communicating an appraisal analysis, opinion, or conclusion of
77value, regardless of title. However, in order to be recognized
78in a federally related transaction, an appraisal report must be
79written.
80     (d)  "Appraisal review" means the act or process of
81developing and communicating an opinion about the quality of
82another appraiser's appraisal, appraisal report, or work.
83     (e)  "Appraisal subcommittee" means the designees of the
84heads of the federal financial institutions regulatory agencies
85established by the Federal Financial Institutions Examination
86Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended.
87     (f)  "Appraiser" means any person who is a registered
88trainee real estate appraiser, licensed real estate appraiser,
89or a certified real estate appraiser. An appraiser renders a
90professional service and is a professional within the meaning of
91s. 95.11(4)(a).
92     (g)  "Board" means the Florida Real Estate Appraisal Board
93established under this section.
94     (h)  "Certified general appraiser" means a person who is
95certified by the department as qualified to issue appraisal
96reports for any type of real property.
97     (i)  "Certified residential appraiser" means a person who
98is certified by the department as qualified to issue appraisal
99reports for residential real property of one to four residential
100units, without regard to transaction value or complexity, or
101real property as may be authorized by federal regulation.
102     (j)  "Department" means the Department of Business and
103Professional Regulation.
104     (k)  "Direct supervision" means the degree of supervision
105required of a supervisory appraiser overseeing the work of a
106registered trainee appraiser by which the supervisory appraiser
107has control over and detailed professional knowledge of the work
108being done. Direct supervision is achieved when a registered
109trainee appraiser has regular direction, guidance, and support
110from a supervisory appraiser who has the competencies as
111determined by rule of the board.
112     (l)(k)  "Federally related transaction" means any real
113estate-related financial transaction which a federal financial
114institutions regulatory agency or the Resolution Trust
115Corporation engages in, contracts for, or regulates, and which
116requires the services of a state-licensed or state-certified
117appraiser.
118     (m)(l)  "Licensed appraiser" means a person who is licensed
119by the department as qualified to issue appraisal reports for
120residential real property of one to four residential units or on
121such real estate or real property as may be authorized by
122federal regulation. After July 1, 2003, the department shall not
123issue licenses for the category of licensed appraiser.
124     (n)(m)  "Registered trainee appraiser" means a person who
125is registered with the department as qualified to perform
126appraisal services only under the direct supervision of a
127licensed or certified appraiser. A registered trainee appraiser
128may accept appraisal assignments only from her or his primary or
129secondary supervisory appraiser.
130     (o)(n)  "Supervisory appraiser" means a licensed appraiser,
131a certified residential appraiser, or a certified general
132appraiser responsible for the direct supervision of one or more
133registered trainee appraisers and fully responsible for
134appraisals and appraisal reports prepared by those registered
135trainee appraisers. The board, by rule, shall determine the
136responsibilities of a supervisory appraiser, the geographic
137proximity required, the minimum qualifications and standards
138required of a licensed or certified appraiser before she or he
139may act in the capacity of a supervisory appraiser, and the
140maximum number of registered trainee appraisers to be supervised
141by an individual supervisory appraiser.
142     (p)  "Training" means the process of providing for and
143making available to a registered trainee appraiser, under direct
144supervision, a planned, prepared, and coordinated program, or
145routine of instruction and education, in appraisal professional
146and technical appraisal skills as determined by rule of the
147board.
148     (q)(o)  "Uniform Standards of Professional Appraisal
149Practice" means the most recent standards approved and adopted
150by the Appraisal Standards Board of the Appraisal Foundation.
151     (r)(p)  "Valuation services" means services pertaining to
152aspects of property value and includes such services performed
153by certified appraisers, registered trainee appraisers, and
154others.
155     (s)(q)  "Work file" means the documentation necessary to
156support an appraiser's analysis, opinions, and conclusions.
157     Section 2.  Section 475.612, Florida Statutes, is amended
158to read:
159     475.612  Certification, licensure, or registration
160required.--
161     (1)  A person may not use the title "certified real estate
162appraiser," "licensed real estate appraiser," or "registered
163trainee real estate appraiser," or any abbreviation or words to
164that effect, or issue an appraisal report in connection with any
165federally related transaction, unless such person is certified,
166licensed, or registered by the department under this part.
167However, the work upon which an appraisal report is based may be
168performed by a person who is not a certified or licensed
169appraiser or registered trainee appraiser if the work report is
170supervised and approved, and the report is signed, by a
171certified or licensed appraiser who has full responsibility for
172all requirements of the report and valuation service. Only a
173certified or licensed appraiser may issue an appraisal report
174and receive direct compensation for providing valuation services
175for the appraisal report. A registered trainee appraiser may
176only receive compensation for appraisal services from her or his
177authorized certified or licensed appraiser.
178     (2)  This section does not preclude a Florida licensed real
179estate broker, sales associate, or broker associate who is not a
180Florida certified or licensed real estate appraiser or
181registered trainee real estate appraiser from providing
182valuation services for compensation. Such persons may continue
183to provide valuation services for compensation so long as they
184do not represent themselves as certified, licensed, or
185registered under this part.
186     (3)  This section does not apply to a real estate broker or
187sales associate who, in the ordinary course of business,
188performs a comparative market analysis, gives a price opinion,
189or gives an opinion of the value of real estate. However, in no
190event may this comparative market analysis, price opinion, or
191opinion of value of real estate be referred to or construed as
192an appraisal.
193     (4)  This section does not prevent any state court or
194administrative law judge from certifying as an expert witness in
195any legal or administrative proceeding an appraiser who is not
196certified, licensed, or registered; nor does it prevent any
197appraiser from testifying, with respect to the results of an
198appraisal.
199     (5)  This section does not apply to any full-time graduate
200student who is enrolled in a degree program in appraising at a
201college or university in this state, if the student is acting
202under the direct supervision of a certified or licensed
203appraiser and is engaged only in appraisal activities related to
204the approved degree program. Any appraisal report by the student
205must be issued in the name of the supervising individual who is
206responsible for the report's content.
207     (6)  This section does not apply to any employee of a
208local, state, or federal agency who performs appraisal services
209within the scope of her or his employment. However, this
210exemption does not apply where any local, state, or federal
211agency requires an employee to be registered, licensed, or
212certified to perform appraisal services.
213     Section 3.  Section 475.615, Florida Statutes, is amended
214to read:
215     475.615  Qualifications for registration, licensure, or
216certification.--
217     (1)  Any person desiring to act as a registered trainee
218appraiser or as a licensed or certified appraiser must make
219application in writing to the department in such form and detail
220as the board shall prescribe. Each applicant must be at least 18
221years of age and hold a high school diploma or its equivalent.
222At the time of application, a person must furnish evidence of
223successful completion of required education and evidence of
224required experience, if any.
225     (2)  The board is authorized to waive or modify any
226education, experience, or examination requirements established
227in this part in order to conform with any such requirements
228established by the Appraisal Qualifications Board of the
229Appraisal Foundation and recognized by the Appraisal
230Subcommittee or any successor body recognized by federal law,
231including any requirements adopted on February 20, 2004. The
232board shall implement this section by rule.
233     (3)  Appropriate fees, as set forth in the rules of the
234board pursuant to s. 475.6147, and a fingerprint card must
235accompany all applications for registration or, certification,
236or licensure. The fingerprint card shall be forwarded to the
237Division of Criminal Justice Information Systems within the
238Department of Law Enforcement for purposes of processing the
239fingerprint card to determine if the applicant has a criminal
240history record. The fingerprint card shall also be forwarded to
241the Federal Bureau of Investigation for purposes of processing
242the fingerprint card to determine if the applicant has a
243criminal history record. The information obtained by the
244processing of the fingerprint card by the Florida Department of
245Law Enforcement and the Federal Bureau of Investigation shall be
246sent to the department for the purpose of determining if the
247applicant is statutorily qualified for registration or,
248certification, or licensure. Effective July 1, 2006, an
249applicant must provide fingerprints in electronic format.
250     (4)  In the event that the applicant is currently a
251registered trainee appraiser or a licensed or certified
252appraiser and is making application to obtain a different status
253of appraisal credential licensure, should such application be
254received by the department within 180 days prior to through 180
255days after the applicant's scheduled renewal, the charge for the
256application shall be established by the rules of the board
257pursuant to s. 475.6147.
258     (5)  At the time of filing a notarized application for
259registration, licensure, or certification, the applicant must
260sign a pledge to comply with the Uniform Standards of
261Professional Appraisal Practice upon registration, licensure, or
262certification, and must indicate in writing that she or he
263understands the types of misconduct for which disciplinary
264proceedings may be initiated. The application shall expire 1
265year after from the date received, if the applicant for
266registration, licensure, or certification fails to take the
267appropriate examination.
268     (6)  All applicants must be competent and qualified to make
269real estate appraisals with safety to those with whom they may
270undertake a relationship of trust and confidence and the general
271public. If any applicant has been denied registration,
272licensure, or certification, or has been disbarred, or the
273applicant's registration, license, or certificate to practice or
274conduct any regulated profession, business, or vocation has been
275revoked or suspended by this or any other state, any nation, or
276any possession or district of the United States, or any court or
277lawful agency thereof, because of any conduct or practices which
278would have warranted a like result under this part, or if the
279applicant has been guilty of conduct or practices in this state
280or elsewhere which would have been grounds for disciplining her
281or his registration, license, or certification under this part
282had the applicant then been a registered trainee appraiser or a
283licensed or certified appraiser, the applicant shall be deemed
284not to be qualified unless, because of lapse of time and
285subsequent good conduct and reputation, or other reason deemed
286sufficient, it appears to the board that the interest of the
287public is not likely to be endangered by the granting of
288registration, licensure, or certification.
289     (7)  No applicant seeking to become registered, licensed,
290or certified under this part may be rejected solely by virtue of
291membership or lack of membership in any particular appraisal
292organization.
293     Section 4.  Section 475.616, Florida Statutes, is amended
294to read:
295     475.616  Examination requirements.--To be licensed or
296certified as an appraiser, the applicant must demonstrate, by
297passing a written examination, that she or he possesses:
298     (1)  A knowledge of technical terms commonly used in real
299estate appraisal.
300     (2)  An understanding of the principles of land economics,
301real estate appraisal processes, reliable sources of appraising
302data, and problems likely to be encountered in the gathering,
303interpreting, and processing of data in carrying out appraisal
304disciplines.
305     (3)  An understanding of the standards for the development
306and communication of real estate appraisals as provided in this
307part.
308     (4)  An understanding of the types of misconduct for which
309disciplinary proceedings may be initiated against a licensed or
310certified appraiser, as set forth in this part.
311     (5)  Knowledge of the theories of depreciation, cost
312estimating, methods of capitalization, and the mathematics of
313real estate appraisal that are appropriate for the licensure or
314certification for which application is made.
315     Section 5.  Section 475.617, Florida Statutes, is amended
316to read:
317     475.617  Education and experience requirements.--
318     (1)  To be registered as a trainee appraiser, an applicant
319must present evidence satisfactory to the board that she or he
320has successfully completed at least 100 75 hours of approved
321academic courses in subjects related to real estate appraisal,
322which shall include coverage of the Uniform Standards of
323Professional Appraisal Practice from a nationally recognized or
324state-recognized appraisal organization, career center,
325accredited community college, college, or university, state or
326federal agency or commission, or proprietary real estate school
327that holds a permit pursuant to s. 475.451. The board may
328increase the required number of hours to not more than 125 100
329hours. A classroom hour is defined as 50 minutes out of each 60-
330minute segment. Past courses may be approved on an hour-for-hour
331basis.
332     (2)  To be licensed as an appraiser, an applicant must
333present evidence satisfactory to the board that she or he:
334     (a)  Has 2 years of experience in real property appraisal
335as defined by rule.
336     (b)  Has successfully completed at least 90 classroom
337hours, inclusive of examination, of approved academic courses in
338subjects related to real estate appraisal, which shall include
339coverage of the Uniform Standards of Professional Appraisal
340Practice from a nationally recognized or state-recognized
341appraisal organization, career center, accredited community
342college, college, or university, state or federal agency or
343commission, or proprietary real estate school that holds a
344permit pursuant to s. 475.451. The board may increase the
345required number of hours to not more than 120 hours. A classroom
346hour is defined as 50 minutes out of each 60-minute segment.
347Past courses may be approved by the board and substituted on an
348hour-for-hour basis.
349     (2)(3)  To be certified as a residential appraiser, an
350applicant must present satisfactory evidence to the board that
351she or he has met the minimum education and experience
352requirements prescribed by rule of the board. The board shall
353prescribe by rule education and experience requirements that
354meet or exceed the following real property appraiser
355qualification criteria adopted on February 20, 2004, by the
356Appraisal Qualifications Board of the Appraisal Foundation:
357     (a)  Has at least 2,500 hours of experience obtained over a
35824-month period in real property appraisal as defined by rule.
359     (b)  Has successfully completed at least 200 120 classroom
360hours, inclusive of examination, of approved academic courses in
361subjects related to real estate appraisal, which shall include a
36215-hour National coverage of the Uniform Standards of
363Professional Appraisal Practice course from a nationally
364recognized or state-recognized appraisal organization, career
365center, accredited community college, college, or university,
366state or federal agency or commission, or proprietary real
367estate school that holds a permit pursuant to s. 475.451. The
368board may increase the required number of hours to not more than
369165 hours. A classroom hour is defined as 50 minutes out of each
37060-minute segment. Past courses may be approved by the board and
371substituted on an hour-for-hour basis.
372     (3)(4)  To be certified as a general appraiser, an
373applicant must present evidence satisfactory to the board that
374she or he has met the minimum education and experience
375requirements prescribed by rule of the board. The board shall
376prescribe education and experience requirements that meet or
377exceed the following real property appraiser qualification
378criteria adopted on February 20, 2004, by the Appraisal
379Qualifications Board of the Appraisal Foundation:
380     (a)  Has at least 3,000 hours of experience obtained over a
38130-month period in real property appraisal as defined by rule.
382     (b)  Has successfully completed at least 300 180 classroom
383hours, inclusive of examination, of approved academic courses in
384subjects related to real estate appraisal, which shall include a
38515-hour National coverage of the Uniform Standards of
386Professional Appraisal Practice course from a nationally
387recognized or state-recognized appraisal organization, career
388center, accredited community college, college, or university,
389state or federal agency or commission, or proprietary real
390estate school that holds a permit pursuant to s. 475.451. The
391board may increase the required number of hours to not more than
392225 hours. A classroom hour is defined as 50 minutes out of each
39360-minute segment. Past courses may be approved by the board and
394substituted on an hour-for-hour basis.
395     (4)(5)  Each applicant must furnish, under oath, a detailed
396statement of the experience for each year of experience she or
397he claims. Upon request, the applicant shall furnish to the
398board, for its examination, copies of appraisal reports or file
399memoranda to support the claim for experience. Any appraisal
400report or file memoranda used to support a claim for experience
401must be maintained by the applicant for no less than 5 years
402after the date of certification.
403     (5)  The board may implement the provisions of this section
404by rule.
405     Section 6.  Section 475.6171, Florida Statutes, is created
406to read:
407     475.6171  Issuance of registration or certification.--The
408registration or certification of an applicant may be issued upon
409receipt by the board of the following:
410     (1)  A complete application indicating compliance with
411qualifications as specified in s. 475.615.
412     (2)  Proof of successful course completion as specified in
413s. 475.617.
414     (3)  Proof of experience for certification as specified in
415s. 475.617.
416     (4)  If required, proof of passing a written examination as
417specified in s. 475.616. No certification shall be issued based
418upon any examination results obtained more than 24 months after
419the date of examination.
420     (5)  The board shall implement this section by rule.
421     Section 7.  Subsection (3) is added to section 475.6221,
422Florida Statutes, to read:
423     475.6221  Employment of and by registered trainee real
424estate appraisers.--
425     (3)  A supervisory appraiser may not be employed by a
426trainee or by a corporation, partnership, firm, or group in
427which the trainee has a controlling interest.
428     Section 8.  Section 475.6222, Florida Statutes, is amended
429to read:
430     475.6222  Supervision and training of registered trainee
431appraisers.--The primary or secondary supervisory appraiser of a
432registered trainee appraiser shall provide direct supervision
433and training to the registered trainee appraiser. The role and
434responsibility of the supervisory appraiser is determined by
435rule of the board.
436     Section 9.  Section 475.623, Florida Statutes, is amended
437to read:
438     475.623  Registration of firm or business name and office
439location.--Each appraiser registered, licensed, or certified
440under this part shall furnish in writing to the department each
441firm or business name and address from which she or he operates
442in the performance of appraisal services. Each appraiser must
443notify the department of any change of firm or business name and
444any change of address within 10 days on a form provided by the
445department.
446     Section 10.  Section 475.624, Florida Statutes, is amended
447to read:
448     475.624  Discipline.--The board may deny an application for
449registration, licensure, or certification; may investigate the
450actions of any appraiser registered, licensed, or certified
451under this part; may reprimand or impose an administrative fine
452not to exceed $5,000 for each count or separate offense against
453any such appraiser; and may revoke or suspend, for a period not
454to exceed 10 years, the registration, license, or certification
455of any such appraiser, or place any such appraiser on probation,
456if it finds that the registered trainee, licensee, or
457certificateholder:
458     (1)  Has violated any provisions of this part or s.
459455.227(1); however, certificateholders, registrants, and
460licensees under this part are exempt from the provisions of s.
461455.227(1)(i).
462     (2)  Has been guilty of fraud, misrepresentation,
463concealment, false promises, false pretenses, dishonest conduct,
464culpable negligence, or breach of trust in any business
465transaction in this state or any other state, nation, or
466territory; has violated a duty imposed upon her or him by law or
467by the terms of a contract, whether written, oral, express, or
468implied, in an appraisal assignment; has aided, assisted, or
469conspired with any other person engaged in any such misconduct
470and in furtherance thereof; or has formed an intent, design, or
471scheme to engage in such misconduct and committed an overt act
472in furtherance of such intent, design, or scheme. It is
473immaterial to the guilt of the registered trainee, licensee, or
474certificateholder that the victim or intended victim of the
475misconduct has sustained no damage or loss; that the damage or
476loss has been settled and paid after discovery of the
477misconduct; or that such victim or intended victim was a
478customer or a person in confidential relation with the
479registered trainee, licensee, or certificateholder, or was an
480identified member of the general public.
481     (3)  Has advertised services in a manner which is
482fraudulent, false, deceptive, or misleading in form or content.
483     (4)  Has violated any of the provisions of this part
484section or any lawful order or rule issued under the provisions
485of this part section or chapter 455.
486     (5)  Has been convicted or found guilty of, or entered a
487plea of nolo contendere to, regardless of adjudication, a crime
488in any jurisdiction which directly relates to the activities of
489a registered trainee appraiser or licensed or certified
490appraiser, or which involves moral turpitude or fraudulent or
491dishonest conduct. The record of a conviction certified or
492authenticated in such form as admissible in evidence under the
493laws of the state shall be admissible as prima facie evidence of
494such guilt.
495     (6)  Has had a registration, license, or certification as
496an appraiser revoked, suspended, or otherwise acted against, or
497has been disbarred, or has had her or his registration, license,
498or certificate to practice or conduct any regulated profession,
499business, or vocation revoked or suspended by this or any other
500state, any nation, or any possession or district of the United
501States, or has had an application for such registration,
502licensure, or certification to practice or conduct any regulated
503profession, business, or vocation denied by this or any other
504state, any nation, or any possession or district of the United
505States.
506     (7)  Has become temporarily incapacitated from acting as an
507appraiser with safety to those in a fiduciary relationship with
508her or him because of drunkenness, use of drugs, or temporary
509mental derangement; however, suspension of a license,
510certification, or registration in such cases shall only be for
511the period of such incapacity.
512     (8)  Is confined in any county jail, postadjudication; is
513confined in any state or federal prison or mental institution;
514or, through mental disease or deterioration, can no longer
515safely be entrusted to deal with the public or in a confidential
516capacity.
517     (9)  Has failed to inform the board in writing within 30
518days after pleading guilty or nolo contendere to, or being
519convicted or found guilty of, any felony.
520     (10)  Has been found guilty, for a second time, of any
521misconduct that warrants disciplinary action, or has been found
522guilty of a course of conduct or practice which shows that she
523or he is incompetent, negligent, dishonest, or untruthful to an
524extent that those with whom she or he may sustain a confidential
525relationship may not safely do so.
526     (11)  Has made or filed a report or record, either written
527or oral, which the registered trainee, licensee, or
528certificateholder knows to be false; has willfully failed to
529file a report or record required by state or federal law; has
530willfully impeded or obstructed such filing, or has induced
531another person to impede or obstruct such filing. However, such
532reports or records shall include only those which are signed or
533presented in the capacity of a registered trainee appraiser or
534licensed or certified appraiser.
535     (12)  Has obtained or attempted to obtain a registration,
536license, or certification by means of knowingly making a false
537statement, submitting false information, refusing to provide
538complete information in response to an application question, or
539engaging in fraud, misrepresentation, or concealment.
540     (13)  Has paid money or other valuable consideration,
541except as required by this section, to any member or employee of
542the board to obtain a registration, license, or certification
543under this section.
544     (14)  Has violated any standard for the development or
545communication of a real estate appraisal or other provision of
546the Uniform Standards of Professional Appraisal Practice.
547     (15)  Has failed or refused to exercise reasonable
548diligence in developing an appraisal or preparing an appraisal
549report.
550     (16)  Has failed to communicate an appraisal without good
551cause.
552     (17)  Has accepted an appraisal assignment if the
553employment itself is contingent upon the appraiser reporting a
554predetermined result, analysis, or opinion, or if the fee to be
555paid for the performance of the appraisal assignment is
556contingent upon the opinion, conclusion, or valuation reached
557upon the consequences resulting from the appraisal assignment.
558     (18)  Has failed to timely notify the department of any
559change in business location, or has failed to fully disclose all
560business locations from which she or he operates as a registered
561trainee real estate appraiser or licensed or certified real
562estate appraiser.
563     Section 11.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.