Florida Senate - 2013                              CS for SB 852
       
       
       
       By the Committee on Regulated Industries; and Senator Bean
       
       
       
       
       580-02840-13                                           2013852c1
    1                        A bill to be entitled                      
    2         An act relating to real estate brokers and appraisers;
    3         amending s. 475.215, F.S.; providing a qualifying
    4         condition for the issuance of additional licenses to a
    5         licensed broker; providing grounds for the Florida
    6         Real Estate Commission to deny multiple license
    7         requests; providing for applicability and effect of
    8         certain final orders of discipline on primary and
    9         multiple licenses held by a broker; amending s.
   10         475.611, F.S.; revising the definition of the term
   11         “supervisory appraiser”; amending s. 475.612, F.S.;
   12         revising a provision specifying from whom a registered
   13         trainee appraiser may receive compensation; amending
   14         s. 475.615, F.S.; revising certain exceptions from
   15         provisions specifying that certain applicants for
   16         certification or registration as an appraiser or
   17         trainee appraiser are not deemed to be qualified for
   18         such certification or registration; revising the dated
   19         version of certain requirements adopted by the
   20         Appraiser Qualifications Board of the Appraisal
   21         Foundation based upon which the Florida Real Estate
   22         Appraisal Board is authorized to waive or modify
   23         certain education, experience, or examination
   24         requirements applicable to certified appraisers and
   25         registered trainee appraisers; amending s. 475.6221,
   26         F.S.; deleting authority for a licensed appraiser to
   27         act as the direct supervisor of a registered trainee
   28         real estate appraiser; providing effective dates.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (1) of section 475.215, Florida
   33  Statutes, is amended to read:
   34         475.215 Multiple licenses.—
   35         (1) A licensed broker may be issued upon request additional
   36  licenses as a broker, but not as a sales associate or as a
   37  broker associate, whenever it is clearly shown that the
   38  requested additional licenses are necessary to the conduct of
   39  real estate brokerage business and that the additional licenses
   40  will not be used in a manner likely to be prejudicial or harmful
   41  to any person, including a licensee under this chapter. The
   42  commission may also deny a multiple license request pursuant to
   43  s. 475.17(1)(a). A final order of discipline rendered against a
   44  broker for a violation of this part or s. 455.227(1) applies to
   45  the primary license of the broker as well as any multiple
   46  licenses held by that broker at the time the final order becomes
   47  effective.
   48         Section 2. Paragraph (u) of subsection (1) of section
   49  475.611, Florida Statutes, is amended to read:
   50         475.611 Definitions.—
   51         (1) As used in this part, the term:
   52         (u) “Supervisory appraiser” means a licensed appraiser, a
   53  certified residential appraiser, or a certified general
   54  appraiser responsible for the direct supervision of one or more
   55  registered trainee appraisers and fully responsible for
   56  appraisals and appraisal reports prepared by those registered
   57  trainee appraisers. The board, by rule, shall determine the
   58  responsibilities of a supervisory appraiser, the geographic
   59  proximity required, the minimum qualifications and standards
   60  required of a licensed or certified appraiser before she or he
   61  may act in the capacity of a supervisory appraiser, and the
   62  maximum number of registered trainee appraisers to be supervised
   63  by an individual supervisory appraiser.
   64         Section 3. Subsection (1) of section 475.612, Florida
   65  Statutes, is amended to read:
   66         475.612 Certification, licensure, or registration
   67  required.—
   68         (1) A person may not use the title “certified real estate
   69  appraiser,” “licensed real estate appraiser,” or “registered
   70  trainee real estate appraiser,” or any abbreviation or words to
   71  that effect, or issue an appraisal report, unless such person is
   72  certified, licensed, or registered by the department under this
   73  part. However, the work upon which an appraisal report is based
   74  may be performed by a person who is not a certified or licensed
   75  appraiser or registered trainee appraiser if the work is
   76  supervised and approved, and the report is signed, by a
   77  certified or licensed appraiser who has full responsibility for
   78  all requirements of the report and valuation service. Only a
   79  certified or licensed appraiser may issue an appraisal report
   80  and receive direct compensation for providing valuation services
   81  for the appraisal report. A registered trainee appraiser may
   82  only receive compensation for appraisal services from her or his
   83  authorized certified or licensed appraiser.
   84         Section 4. Effective January 1, 2014, subsections (2) and
   85  (6) of section 475.615, Florida Statutes, are amended to read:
   86         475.615 Qualifications for registration or certification.—
   87         (2) The board is authorized to waive or modify any
   88  education, experience, or examination requirements established
   89  in this part in order to conform with any such requirements
   90  established by the Appraiser Appraisal Qualifications Board of
   91  the Appraisal Foundation or any successor body recognized by
   92  federal law, including any requirements adopted on December 9,
   93  2011 February 20, 2004. The board shall implement this section
   94  by rule.
   95         (6) All applicants must be competent and qualified to make
   96  real estate appraisals with safety to those with whom they may
   97  undertake a relationship of trust and confidence and the general
   98  public. If any applicant has been denied registration,
   99  licensure, or certification, or has been disbarred, or the
  100  applicant’s registration, license, or certificate to practice or
  101  conduct any regulated profession, business, or vocation has been
  102  revoked or suspended by this or any other state, any nation, or
  103  any possession or district of the United States, or any court or
  104  lawful agency thereof, because of any conduct or practices which
  105  would have warranted a like result under this part, or if the
  106  applicant has been guilty of conduct or practices in this state
  107  or elsewhere which would have been grounds for disciplining her
  108  or his registration, license, or certification under this part
  109  had the applicant then been a registered trainee appraiser or a
  110  licensed or certified appraiser, the applicant is shall be
  111  deemed not to be qualified unless the applicant has met the
  112  conditions adopted by the Appraiser Qualifications Board of the
  113  Appraisal Foundation on December 9, 2011, as prescribed by rule
  114  of the board and, because of lapse of time and subsequent good
  115  conduct and reputation, or other reason deemed sufficient, it
  116  appears to the board that the interest of the public is not
  117  likely to be endangered by the granting of registration or
  118  certification.
  119         Section 5. Subsection (1) of section 475.6221, Florida
  120  Statutes, is amended to read:
  121         475.6221 Employment of and by registered trainee real
  122  estate appraisers.—
  123         (1) A registered trainee real estate appraiser must perform
  124  appraisal services under the direct supervision of a licensed or
  125  certified appraiser who is designated as the primary supervisory
  126  appraiser. The primary supervisory appraiser may also designate
  127  additional licensed or certified appraisers as secondary
  128  supervisory appraisers. A secondary supervisory appraiser must
  129  be affiliated with the same firm or business as the primary
  130  supervisory appraiser and the primary or secondary supervisory
  131  appraiser must have the same business address as the registered
  132  trainee real estate appraiser. The primary supervisory appraiser
  133  must notify the Division of Real Estate of the name and address
  134  of any primary and secondary supervisory appraiser for whom the
  135  registered trainee will perform appraisal services, and must
  136  also notify the division within 10 days after terminating such
  137  relationship. Termination of the relationship with a primary
  138  supervisory appraiser automatically terminates the relationship
  139  with the secondary supervisory appraiser.
  140         Section 6. Except as otherwise expressly provided in this
  141  act, this act shall take effect upon becoming a law.