Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 466
                        Barcode 960420
                            CHAMBER ACTION
              Senate                               House
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       02/07/2006 03:48 PM         .                    
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 475.611, Florida
19  Statutes, is amended to read:
20         475.611  Definitions.--
21         (1)  As used in this part, the term:
22         (a)  "Appraisal" or "appraisal services" means the
23  services provided by certified or licensed appraisers or
24  registered trainee appraisers, and includes:
25         1.  "Appraisal assignment" denotes an engagement for
26  which a person is employed or retained to act, or could be
27  perceived by third parties or the public as acting, as an
28  agent or a disinterested third party in rendering an unbiased
29  analysis, opinion, review, or conclusion relating to the
30  nature, quality, value, or utility of specified interests in,
31  or aspects of, identified real property.
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 2. "Analysis assignment" denotes appraisal services 2 that relate to the employer's or client's individual needs or 3 investment objectives and includes specialized marketing, 4 financing, and feasibility studies as well as analyses, 5 opinions, and conclusions given in connection with activities 6 such as real estate brokerage, mortgage banking, real estate 7 counseling, or real estate consulting. 8 3. "Appraisal review assignment" denotes an engagement 9 for which an appraiser is employed or retained to develop and 10 communicate an opinion about the quality of another 11 appraiser's appraisal, appraisal report, or work. An appraisal 12 review may or may not contain the reviewing appraiser's 13 opinion of value. 14 (b) "Appraisal Foundation" or "foundation" means the 15 Appraisal Foundation established on November 20, 1987, as a 16 not-for-profit corporation under the laws of Illinois. 17 (c) "Appraisal report" means any communication, 18 written or oral, of an appraisal, appraisal review, appraisal 19 consulting service, analysis, opinion, or conclusion relating 20 to the nature, quality, value, or utility of a specified 21 interest in, or aspect of, identified real property, and 22 includes any report communicating an appraisal analysis, 23 opinion, or conclusion of value, regardless of title. However, 24 in order to be recognized in a federally related transaction, 25 an appraisal report must be written. 26 (d) "Appraisal review" means the act or process of 27 developing and communicating an opinion about the quality of 28 another appraiser's appraisal, appraisal report, or work. 29 (e) "Appraisal subcommittee" means the designees of 30 the heads of the federal financial institutions regulatory 31 agencies established by the Federal Financial Institutions 2 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), 2 as amended. 3 (f) "Appraiser" means any person who is a registered 4 trainee real estate appraiser, licensed real estate appraiser, 5 or a certified real estate appraiser. An appraiser renders a 6 professional service and is a professional within the meaning 7 of s. 95.11(4)(a). 8 (g) "Board" means the Florida Real Estate Appraisal 9 Board established under this section. 10 (h) "Certified general appraiser" means a person who 11 is certified by the department as qualified to issue appraisal 12 reports for any type of real property. 13 (i) "Certified residential appraiser" means a person 14 who is certified by the department as qualified to issue 15 appraisal reports for residential real property of one to four 16 residential units, without regard to transaction value or 17 complexity, or real property as may be authorized by federal 18 regulation. 19 (j) "Department" means the Department of Business and 20 Professional Regulation. 21 (k) "Direct supervision" means the degree of 22 supervision required of a supervisory appraiser overseeing the 23 work of a registered trainee appraiser by which the 24 supervisory appraiser has control over and detailed 25 professional knowledge of the work being done. Direct 26 supervision is achieved when a registered trainee appraiser 27 has regular direction, guidance, and support from a 28 supervisory appraiser who has the competencies as determined 29 by rule of the board. 30 (l)(k) "Federally related transaction" means any real 31 estate-related financial transaction which a federal financial 3 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 institutions regulatory agency or the Resolution Trust 2 Corporation engages in, contracts for, or regulates, and which 3 requires the services of a state-licensed or state-certified 4 appraiser. 5 (m)(l) "Licensed appraiser" means a person who is 6 licensed by the department as qualified to issue appraisal 7 reports for residential real property of one to four 8 residential units or on such real estate or real property as 9 may be authorized by federal regulation. After July 1, 2003, 10 the department shall not issue licenses for the category of 11 licensed appraiser. 12 (n)(m) "Registered trainee appraiser" means a person 13 who is registered with the department as qualified to perform 14 appraisal services only under the direct supervision of a 15 licensed or certified appraiser. A registered trainee 16 appraiser may accept appraisal assignments only from her or 17 his primary or secondary supervisory appraiser. 18 (o)(n) "Supervisory appraiser" means a licensed 19 appraiser, a certified residential appraiser, or a certified 20 general appraiser responsible for the direct supervision of 21 one or more registered trainee appraisers and fully 22 responsible for appraisals and appraisal reports prepared by 23 those registered trainee appraisers. The board, by rule, shall 24 determine the responsibilities of a supervisory appraiser, the 25 geographic proximity required, the minimum qualifications and 26 standards required of a licensed or certified appraiser before 27 she or he may act in the capacity of a supervisory appraiser, 28 and the maximum number of registered trainee appraisers to be 29 supervised by an individual supervisory appraiser. 30 (p) "Training" means the process of providing for and 31 making available to a registered trainee appraiser, under 4 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 direct supervision, a planned, prepared, and coordinated 2 program, or routine of instruction and education, in appraisal 3 professional and technical appraisal skills as determined by 4 rule of the board. 5 (q)(o) "Uniform Standards of Professional Appraisal 6 Practice" means the most recent standards approved and adopted 7 by the Appraisal Standards Board of the Appraisal Foundation. 8 (r)(p) "Valuation services" means services pertaining 9 to aspects of property value and includes such services 10 performed by certified appraisers, registered trainee 11 appraisers, and others. 12 (s)(q) "Work file" means the documentation necessary 13 to support an appraiser's analysis, opinions, and conclusions. 14 Section 2. Section 475.612, Florida Statutes, is 15 amended to read: 16 475.612 Certification, licensure, or registration 17 required.-- 18 (1) A person may not use the title "certified real 19 estate appraiser," "licensed real estate appraiser," or 20 "registered trainee real estate appraiser," or any 21 abbreviation or words to that effect, or issue an appraisal 22 report in connection with any federally related transaction, 23 unless such person is certified, licensed, or registered by 24 the department under this part. However, the work upon which 25 an appraisal report is based may be performed by a person who 26 is not a certified or licensed appraiser or registered trainee 27 appraiser if the work report is supervised and approved, and 28 the report is signed, by a certified or licensed appraiser who 29 has full responsibility for all requirements of the report and 30 valuation service. Only a certified or licensed appraiser may 31 issue an appraisal report and receive direct compensation for 5 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 providing valuation services for the appraisal report. A 2 registered trainee appraiser may only receive compensation for 3 appraisal services from her or his authorized certified or 4 licensed appraiser. 5 (2) This section does not preclude a Florida licensed 6 real estate broker, sales associate, or broker associate who 7 is not a Florida certified or licensed real estate appraiser 8 or registered trainee real estate appraiser from providing 9 valuation services for compensation. Such persons may continue 10 to provide valuation services for compensation so long as they 11 do not represent themselves as certified, licensed, or 12 registered under this part. 13 (3) This section does not apply to a real estate 14 broker or sales associate who, in the ordinary course of 15 business, performs a comparative market analysis, gives a 16 price opinion, or gives an opinion of the value of real 17 estate. However, in no event may this comparative market 18 analysis, price opinion, or opinion of value of real estate be 19 referred to or construed as an appraisal. 20 (4) This section does not prevent any state court or 21 administrative law judge from certifying as an expert witness 22 in any legal or administrative proceeding an appraiser who is 23 not certified, licensed, or registered; nor does it prevent 24 any appraiser from testifying, with respect to the results of 25 an appraisal. 26 (5) This section does not apply to any full-time 27 graduate student who is enrolled in a degree program in 28 appraising at a college or university in this state, if the 29 student is acting under the direct supervision of a certified 30 or licensed appraiser and is engaged only in appraisal 31 activities related to the approved degree program. Any 6 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 appraisal report by the student must be issued in the name of 2 the supervising individual who is responsible for the report's 3 content. 4 (6) This section does not apply to any employee of a 5 local, state, or federal agency who performs appraisal 6 services within the scope of her or his employment. However, 7 this exemption does not apply where any local, state, or 8 federal agency requires an employee to be registered, 9 licensed, or certified to perform appraisal services. 10 Section 3. Section 475.615, Florida Statutes, is 11 amended to read: 12 475.615 Qualifications for registration, licensure, or 13 certification.-- 14 (1) Any person desiring to act as a registered trainee 15 appraiser or as a licensed or certified appraiser must make 16 application in writing to the department in such form and 17 detail as the board shall prescribe. Each applicant must be at 18 least 18 years of age and hold a high school diploma or its 19 equivalent. At the time of application, a person must furnish 20 evidence of successful completion of required education and 21 evidence of required experience, if any. 22 (2) The board is authorized to waive or modify any 23 education, experience, or examination requirements established 24 in this part in order to conform with any such requirements 25 established by the Appraisal Qualifications Board of the 26 Appraisal Foundation and recognized by the Appraisal 27 Subcommittee or any successor body recognized by federal law, 28 including any requirements adopted on February 20, 2004. The 29 board shall implement this section by rule. 30 (3) Appropriate fees, as set forth in the rules of the 31 board pursuant to s. 475.6147, and a fingerprint card must 7 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 accompany all applications for registration or, certification, 2 or licensure. The fingerprint card shall be forwarded to the 3 Division of Criminal Justice Information Systems within the 4 Department of Law Enforcement for purposes of processing the 5 fingerprint card to determine if the applicant has a criminal 6 history record. The fingerprint card shall also be forwarded 7 to the Federal Bureau of Investigation for purposes of 8 processing the fingerprint card to determine if the applicant 9 has a criminal history record. The information obtained by the 10 processing of the fingerprint card by the Florida Department 11 of Law Enforcement and the Federal Bureau of Investigation 12 shall be sent to the department for the purpose of determining 13 if the applicant is statutorily qualified for registration or, 14 certification, or licensure. Effective July 1, 2006, an 15 applicant must provide fingerprints in electronic format. 16 (4) In the event that the applicant is currently a 17 registered trainee appraiser or a licensed or certified 18 appraiser and is making application to obtain a different 19 status of appraisal credential licensure, should such 20 application be received by the department within 180 days 21 prior to through 180 days after the applicant's scheduled 22 renewal, the charge for the application shall be established 23 by the rules of the board pursuant to s. 475.6147. 24 (5) At the time of filing a notarized application for 25 registration, licensure, or certification, the applicant must 26 sign a pledge to comply with the Uniform Standards of 27 Professional Appraisal Practice upon registration, licensure, 28 or certification, and must indicate in writing that she or he 29 understands the types of misconduct for which disciplinary 30 proceedings may be initiated. The application shall expire 1 31 year after from the date received, if the applicant for 8 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 registration, licensure, or certification fails to take the 2 appropriate examination. 3 (6) All applicants must be competent and qualified to 4 make real estate appraisals with safety to those with whom 5 they may undertake a relationship of trust and confidence and 6 the general public. If any applicant has been denied 7 registration, licensure, or certification, or has been 8 disbarred, or the applicant's registration, license, or 9 certificate to practice or conduct any regulated profession, 10 business, or vocation has been revoked or suspended by this or 11 any other state, any nation, or any possession or district of 12 the United States, or any court or lawful agency thereof, 13 because of any conduct or practices which would have warranted 14 a like result under this part, or if the applicant has been 15 guilty of conduct or practices in this state or elsewhere 16 which would have been grounds for disciplining her or his 17 registration, license, or certification under this part had 18 the applicant then been a registered trainee appraiser or a 19 licensed or certified appraiser, the applicant shall be deemed 20 not to be qualified unless, because of lapse of time and 21 subsequent good conduct and reputation, or other reason deemed 22 sufficient, it appears to the board that the interest of the 23 public is not likely to be endangered by the granting of 24 registration, licensure, or certification. 25 (7) No applicant seeking to become registered, 26 licensed, or certified under this part may be rejected solely 27 by virtue of membership or lack of membership in any 28 particular appraisal organization. 29 Section 4. Section 475.616, Florida Statutes, is 30 amended to read: 31 475.616 Examination requirements.--To be licensed or 9 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 certified as an appraiser, the applicant must demonstrate, by 2 passing a written examination, that she or he possesses: 3 (1) A knowledge of technical terms commonly used in 4 real estate appraisal. 5 (2) An understanding of the principles of land 6 economics, real estate appraisal processes, reliable sources 7 of appraising data, and problems likely to be encountered in 8 the gathering, interpreting, and processing of data in 9 carrying out appraisal disciplines. 10 (3) An understanding of the standards for the 11 development and communication of real estate appraisals as 12 provided in this part. 13 (4) An understanding of the types of misconduct for 14 which disciplinary proceedings may be initiated against a 15 licensed or certified appraiser, as set forth in this part. 16 (5) Knowledge of the theories of depreciation, cost 17 estimating, methods of capitalization, and the mathematics of 18 real estate appraisal that are appropriate for the licensure 19 or certification for which application is made. 20 Section 5. Section 475.617, Florida Statutes, is 21 amended to read: 22 475.617 Education and experience requirements.-- 23 (1) To be registered as a trainee appraiser, an 24 applicant must present evidence satisfactory to the board that 25 she or he has successfully completed at least 100 75 hours of 26 approved academic courses in subjects related to real estate 27 appraisal, which shall include coverage of the Uniform 28 Standards of Professional Appraisal Practice from a nationally 29 recognized or state-recognized appraisal organization, career 30 center, accredited community college, college, or university, 31 state or federal agency or commission, or proprietary real 10 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 estate school that holds a permit pursuant to s. 475.451. The 2 board may increase the required number of hours to not more 3 than 125 100 hours. A classroom hour is defined as 50 minutes 4 out of each 60-minute segment. Past courses may be approved on 5 an hour-for-hour basis. 6 (2) To be licensed as an appraiser, an applicant must 7 present evidence satisfactory to the board that she or he: 8 (a) Has 2 years of experience in real property 9 appraisal as defined by rule. 10 (b) Has successfully completed at least 90 classroom 11 hours, inclusive of examination, of approved academic courses 12 in subjects related to real estate appraisal, which shall 13 include coverage of the Uniform Standards of Professional 14 Appraisal Practice from a nationally recognized or 15 state-recognized appraisal organization, career center, 16 accredited community college, college, or university, state or 17 federal agency or commission, or proprietary real estate 18 school that holds a permit pursuant to s. 475.451. The board 19 may increase the required number of hours to not more than 120 20 hours. A classroom hour is defined as 50 minutes out of each 21 60-minute segment. Past courses may be approved by the board 22 and substituted on an hour-for-hour basis. 23 (2)(3) To be certified as a residential appraiser, an 24 applicant must present satisfactory evidence to the board that 25 she or he has met the minimum education and experience 26 requirements prescribed by rule of the board. The board shall 27 prescribe by rule education and experience requirements that 28 meet or exceed the following real property appraiser 29 qualification criteria adopted on February 20, 2004, by the 30 Appraisal Qualifications Board of the Appraisal Foundation: 31 (a) Has at least 2,500 hours of experience obtained 11 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 over a 24-month period in real property appraisal as defined 2 by rule. 3 (b) Has successfully completed at least 200 120 4 classroom hours, inclusive of examination, of approved 5 academic courses in subjects related to real estate appraisal, 6 which shall include a 15-hour National coverage of the Uniform 7 Standards of Professional Appraisal Practice course from a 8 nationally recognized or state-recognized appraisal 9 organization, career center, accredited community college, 10 college, or university, state or federal agency or commission, 11 or proprietary real estate school that holds a permit pursuant 12 to s. 475.451. The board may increase the required number of 13 hours to not more than 165 hours. A classroom hour is defined 14 as 50 minutes out of each 60-minute segment. Past courses may 15 be approved by the board and substituted on an hour-for-hour 16 basis. 17 (3)(4) To be certified as a general appraiser, an 18 applicant must present evidence satisfactory to the board that 19 she or he has met the minimum education and experience 20 requirements prescribed by rule of the board. The board shall 21 prescribe education and experience requirements that meet or 22 exceed the following real property appraiser qualification 23 criteria adopted on February 20, 2004, by the Appraisal 24 Qualifications Board of the Appraisal Foundation: 25 (a) Has at least 3,000 hours of experience obtained 26 over a 30-month period in real property appraisal as defined 27 by rule. 28 (b) Has successfully completed at least 300 180 29 classroom hours, inclusive of examination, of approved 30 academic courses in subjects related to real estate appraisal, 31 which shall include a 15-hour National coverage of the Uniform 12 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 Standards of Professional Appraisal Practice course from a 2 nationally recognized or state-recognized appraisal 3 organization, career center, accredited community college, 4 college, or university, state or federal agency or commission, 5 or proprietary real estate school that holds a permit pursuant 6 to s. 475.451. The board may increase the required number of 7 hours to not more than 225 hours. A classroom hour is defined 8 as 50 minutes out of each 60-minute segment. Past courses may 9 be approved by the board and substituted on an hour-for-hour 10 basis. 11 (4)(5) Each applicant must furnish, under oath, a 12 detailed statement of the experience for each year of 13 experience she or he claims. Upon request, the applicant shall 14 furnish to the board, for its examination, copies of appraisal 15 reports or file memoranda to support the claim for experience. 16 Any appraisal report or file memoranda used to support a claim 17 for experience must be maintained by the applicant for no less 18 than 5 years after the date of certification. 19 (5) The board may implement the provisions of this 20 section by rule. 21 Section 6. Section 475.6171, Florida Statutes, is 22 created to read: 23 475.6171 Issuance of registration or 24 certification.--The registration or certification of an 25 applicant may be issued upon receipt by the board of the 26 following: 27 (1) A complete application indicating compliance with 28 qualifications as specified in s. 475.615. 29 (2) Proof of successful course completion as specified 30 in s. 475.617. 31 (3) Proof of experience for certification as specified 13 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 in s. 475.617. 2 (4) If required, proof of passing a written 3 examination as specified in s. 475.616. No certification shall 4 be issued based upon any examination results obtained more 5 than 24 months after the date of examination. 6 (5) The board shall implement this section by rule. 7 Section 7. Subsection (3) is added to section 8 475.6221, Florida Statutes, to read: 9 475.6221 Employment of and by registered trainee real 10 estate appraisers.-- 11 (3) A supervisory appraiser may not be employed by a 12 trainee or by a corporation, partnership, firm, or group in 13 which the trainee has a controlling interest. 14 Section 8. Section 475.6222, Florida Statutes, is 15 amended to read: 16 475.6222 Supervision and training of registered 17 trainee appraisers.--The primary or secondary supervisory 18 appraiser of a registered trainee appraiser shall provide 19 direct supervision and training to the registered trainee 20 appraiser. The role and responsibility of the supervisory 21 appraiser is determined by rule of the board. 22 Section 9. Section 475.623, Florida Statutes, is 23 amended to read: 24 475.623 Registration of firm or business name and 25 office location.--Each appraiser registered, licensed, or 26 certified under this part shall furnish in writing to the 27 department each firm or business name and address from which 28 she or he operates in the performance of appraisal services. 29 Each appraiser must notify the department of any change of 30 firm or business name and any change of address within 10 days 31 on a form provided by the department. 14 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 Section 10. Section 475.624, Florida Statutes, is 2 amended to read: 3 475.624 Discipline.--The board may deny an application 4 for registration, licensure, or certification; may investigate 5 the actions of any appraiser registered, licensed, or 6 certified under this part; may reprimand or impose an 7 administrative fine not to exceed $5,000 for each count or 8 separate offense against any such appraiser; and may revoke or 9 suspend, for a period not to exceed 10 years, the 10 registration, license, or certification of any such appraiser, 11 or place any such appraiser on probation, if it finds that the 12 registered trainee, licensee, or certificateholder: 13 (1) Has violated any provisions of this part or s. 14 455.227(1); however, certificateholders, registrants, and 15 licensees under this part are exempt from the provisions of s. 16 455.227(1)(i). 17 (2) Has been guilty of fraud, misrepresentation, 18 concealment, false promises, false pretenses, dishonest 19 conduct, culpable negligence, or breach of trust in any 20 business transaction in this state or any other state, nation, 21 or territory; has violated a duty imposed upon her or him by 22 law or by the terms of a contract, whether written, oral, 23 express, or implied, in an appraisal assignment; has aided, 24 assisted, or conspired with any other person engaged in any 25 such misconduct and in furtherance thereof; or has formed an 26 intent, design, or scheme to engage in such misconduct and 27 committed an overt act in furtherance of such intent, design, 28 or scheme. It is immaterial to the guilt of the registered 29 trainee, licensee, or certificateholder that the victim or 30 intended victim of the misconduct has sustained no damage or 31 loss; that the damage or loss has been settled and paid after 15 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 discovery of the misconduct; or that such victim or intended 2 victim was a customer or a person in confidential relation 3 with the registered trainee, licensee, or certificateholder, 4 or was an identified member of the general public. 5 (3) Has advertised services in a manner which is 6 fraudulent, false, deceptive, or misleading in form or 7 content. 8 (4) Has violated any of the provisions of this part 9 section or any lawful order or rule issued under the 10 provisions of this part section or chapter 455. 11 (5) Has been convicted or found guilty of, or entered 12 a plea of nolo contendere to, regardless of adjudication, a 13 crime in any jurisdiction which directly relates to the 14 activities of a registered trainee appraiser or licensed or 15 certified appraiser, or which involves moral turpitude or 16 fraudulent or dishonest conduct. The record of a conviction 17 certified or authenticated in such form as admissible in 18 evidence under the laws of the state shall be admissible as 19 prima facie evidence of such guilt. 20 (6) Has had a registration, license, or certification 21 as an appraiser revoked, suspended, or otherwise acted 22 against, or has been disbarred, or has had her or his 23 registration, license, or certificate to practice or conduct 24 any regulated profession, business, or vocation revoked or 25 suspended by this or any other state, any nation, or any 26 possession or district of the United States, or has had an 27 application for such registration, licensure, or certification 28 to practice or conduct any regulated profession, business, or 29 vocation denied by this or any other state, any nation, or any 30 possession or district of the United States. 31 (7) Has become temporarily incapacitated from acting 16 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 as an appraiser with safety to those in a fiduciary 2 relationship with her or him because of drunkenness, use of 3 drugs, or temporary mental derangement; however, suspension of 4 a license, certification, or registration in such cases shall 5 only be for the period of such incapacity. 6 (8) Is confined in any county jail, postadjudication; 7 is confined in any state or federal prison or mental 8 institution; or, through mental disease or deterioration, can 9 no longer safely be entrusted to deal with the public or in a 10 confidential capacity. 11 (9) Has failed to inform the board in writing within 12 30 days after pleading guilty or nolo contendere to, or being 13 convicted or found guilty of, any felony. 14 (10) Has been found guilty, for a second time, of any 15 misconduct that warrants disciplinary action, or has been 16 found guilty of a course of conduct or practice which shows 17 that she or he is incompetent, negligent, dishonest, or 18 untruthful to an extent that those with whom she or he may 19 sustain a confidential relationship may not safely do so. 20 (11) Has made or filed a report or record, either 21 written or oral, which the registered trainee, licensee, or 22 certificateholder knows to be false; has willfully failed to 23 file a report or record required by state or federal law; has 24 willfully impeded or obstructed such filing, or has induced 25 another person to impede or obstruct such filing. However, 26 such reports or records shall include only those which are 27 signed or presented in the capacity of a registered trainee 28 appraiser or licensed or certified appraiser. 29 (12) Has obtained or attempted to obtain a 30 registration, license, or certification by means of knowingly 31 making a false statement, submitting false information, 17 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 refusing to provide complete information in response to an 2 application question, or engaging in fraud, misrepresentation, 3 or concealment. 4 (13) Has paid money or other valuable consideration, 5 except as required by this section, to any member or employee 6 of the board to obtain a registration, license, or 7 certification under this section. 8 (14) Has violated any standard for the development or 9 communication of a real estate appraisal or other provision of 10 the Uniform Standards of Professional Appraisal Practice. 11 (15) Has failed or refused to exercise reasonable 12 diligence in developing an appraisal or preparing an appraisal 13 report. 14 (16) Has failed to communicate an appraisal without 15 good cause. 16 (17) Has accepted an appraisal assignment if the 17 employment itself is contingent upon the appraiser reporting a 18 predetermined result, analysis, or opinion, or if the fee to 19 be paid for the performance of the appraisal assignment is 20 contingent upon the opinion, conclusion, or valuation reached 21 upon the consequences resulting from the appraisal assignment. 22 (18) Has failed to timely notify the department of any 23 change in business location, or has failed to fully disclose 24 all business locations from which she or he operates as a 25 registered trainee real estate appraiser or licensed or 26 certified real estate appraiser. 27 Section 11. This act shall take effect July 1, 2006. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 18 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 Delete everything before the enacting clause 2 3 and insert: 4 A bill to be entitled 5 An act relating to regulation of real estate 6 appraisers; amending s. 475.611, F.S.; revising 7 and providing definitions; amending s. 475.612, 8 F.S.; revising requirements relating to work 9 performed by persons who are not certified, 10 licensed, or registered; providing requirements 11 relating to issuance of appraisal reports and 12 compensation of appraisers, including trainees; 13 amending s. 475.615, F.S.; removing obsolete 14 language relating to qualifications for 15 registration, licensure, or certification; 16 revising education and experience requirements; 17 amending s. 475.616, F.S.; removing obsolete 18 language relating to examination requirements; 19 amending s. 475.617, F.S.; revising the minimum 20 and maximum course hour requirements for 21 trainee appraiser registration; removing 22 obsolete provisions establishing education and 23 experience requirements for licensure as an 24 appraiser; revising education and experience 25 requirements for certification as a residential 26 appraiser or general appraiser; requiring 27 applicants for certification to maintain 28 certain application documents; providing 29 rulemaking authority; creating s. 475.6171, 30 F.S.; providing for the issuance of 31 registration and certification upon receipt of 19 11:56 AM 02/06/06 s0466c-ri24-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 466 Barcode 960420 1 proper documentation; providing rulemaking 2 authority; amending s. 475.6221, F.S.; 3 prohibiting supervisory appraisers from certain 4 employment; amending s. 475.6222, F.S.; 5 requiring supervisory appraisers to provide 6 direct training to registered trainee 7 appraisers; amending s. 475.623, F.S.; 8 requiring appraisers to furnish their firm or 9 business name and any change in that name to 10 the Department of Business and Professional 11 Regulation; amending s. 475.624, F.S.; removing 12 obsolete references; correcting 13 cross-references; providing an effective date. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 11:56 AM 02/06/06 s0466c-ri24-k0a