Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1252 Barcode 265458 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/05/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Jones) recommended the following: 1 Senate Amendment to Amendment (495654) (with title 2 amendment) 3 4 Delete lines 156 - 221 5 and insert: 6 Section 7. Paragraphs (c) and (d) of subsection (1) are 7 amended, and paragraph (y) of section 475.611 Florida Statutes, 8 is created, to read: 9 475.611 Definitions.- 10 (1) As used in this part, the term: 11 (c) ”Appraisal management company” means a person who 12 performs appraisal management services regardless of the use of 13 the term “appraisal management company,” “appraiser 14 cooperative,” “appraiser portal,” “mortgage technology company,” 15 or other term. 16 (d) “Appraisal management services” means the coordination 17 or management of appraisal services for compensation by: 18 1. Employing, contracting with, or otherwise retaining one 19 or more licensed or certified appraisers to perform appraisal 20 services for a client; or 21 2. Acting as a broker or intermediary between a client and 22 one or more licensed or certified appraisers to facilitate the 23 client’s employing, contracting with, or otherwise retaining the 24 appraisers. 25 (y) “Subsidiary” means an organization that is owned and 26 controlled by a financial institution that is regulated by a 27 Federal financial institution regulatory agency. 28 Section 8. Subsection (4) of section 475.6171, Florida 29 Statutes, is amended to read: 30 475.6171 Issuance of registration or certification. –The 31 registration or certification of an applicant may be issued upon 32 receipt by the board of the following: 33 (4) If required, proof of passing a written examination as 34 specified in s. 475.616.No certification shall be issued based35upon any examination results obtained more than 24 months after36the date of examination.37 Section 9. Subsection (1) of section 475.6235, Florida 38 Statutes, is amended, and subsection (9)(a) and (b) are added to 39 that section, to read: 40 475.6235 Registration of appraisal management companies 41 required; exemptions.- 42 (1) A person may not engage, or offer to engage, in 43 appraisal management services for compensation in this state, 44 advertise or represent herself or himself as an appraisal 45 management company,or use the titles “appraisal management46company,” “appraiser cooperative,” “appraiser portal,” or47“mortgage technology company,” or any abbreviation or words to48that effect,unless the person is registered with the department 49 as an appraisal management company under this section. However, 50 an employee of an appraisal management company is not required 51 to obtain a separate registration. 52 (9) This section does not apply to: 53 (a) any financial institution, as defined in s. 655.005, 54 that owns and operates an internal appraisal office, 55 business unit, or department; or 56 (b) an appraisal management company that is a subsidiary 57 owned and controlled by a financial institution, as defined in 58 s. 655.005, regulated by a Federal financial institution 59 regulatory agency. 60 Section 10. Paragraph (v) is added to subsection (1) of 61 section 475.6245, Florida Statutes, to read: 62 475.6245 Discipline of appraisal management companies.- 63 (1) The board may deny an application for registration of 64 an appraisal management company; may investigate the actions of 65 any appraisal management company registered under this part; may 66 reprimand or impose an administrative fine not to exceed $5,000 67 for each count or separate offense against any such appraisal 68 management company; and may revoke or suspend, for a period not 69 to exceed 10 years, the registration of any such appraisal 70 management company, or place any such appraisal management 71 company on probation, if the board finds that the appraisal 72 management company or any person listed in s. 475.6235(2)(f): 73 (v) Has required or attempted to require an appraiser to 74 sign any indemnification agreement that would require the 75 appraiser to hold harmless the appraisal management company or 76 its owners, agents, employees, or independent contractors from 77 any liability, damage, loss, or claim arising from the services 78 performed by the appraisal management company or its owners, 79 agents, employees, or independent contractors and not the 80 services performed by the appraiser. 81 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Delete lines 332 - 333 86 and insert: 87 definition of the terms "appraisal management 88 company", "appraisal management services", and 89 "subsidiary"; amending s.