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Senate Bill 0318

Florida Senate - 1998 SB 318 By Senator Dyer 14-227-98 1 A bill to be entitled 2 An act relating to real estate appraisals; 3 amending s. 475.25, F.S.; providing 4 disciplinary action for violations of the 5 Uniform Standards of Professional Appraisal 6 Practice; amending s. 475.615, F.S.; providing 7 registration requirements for appraisers; 8 amending s. 475.264, F.S.; revising a ground 9 for disciplinary action to exempt licensees 10 from reporting certain violations; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (t) is added to subsection (1) of 16 section 475.25, Florida Statutes, to read: 17 475.25 Discipline.-- 18 (1) The commission may deny an application for 19 licensure, registration, or permit, or renewal thereof; may 20 place a licensee, registrant, or permittee on probation; may 21 suspend a license, registration, or permit for a period not 22 exceeding 10 years; may revoke a license, registration, or 23 permit; may impose an administrative fine not to exceed $1,000 24 for each count or separate offense; and may issue a reprimand, 25 and any or all of the foregoing, if it finds that the 26 licensee, registrant, permittee, or applicant: 27 (t) Has violated any standard for the development or 28 communication of a real estate appraisal or other provision of 29 the Uniform Standards of Professional Appraisal Practice, as 30 defined in s. 475.611, as approved and adopted by the 31 Appraisal Standards Board of the Appraisal Foundation, as 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 318 14-227-98 1 defined in s. 475.611. This paragraph does not apply to a real 2 estate broker or salesperson who, in the ordinary course of 3 business, performs a comparative market analysis. 4 Section 2. Section 475.615, Florida Statutes, is 5 amended to read: 6 475.615 Qualifications for registration, licensure, or 7 certification.-- 8 (1) Any person desiring to act as a registered, 9 licensed, or certified appraiser must make application in 10 writing to the department in such form and detail as the board 11 shall prescribe. Each applicant must be at least 18 years of 12 age and hold a high school diploma or its equivalent. At the 13 time of application, a person must furnish evidence of 14 successful completion of required education and evidence of 15 required experience, if any. 16 (2) The board is authorized to waive or modify any 17 education, experience, or examination requirements established 18 in this section in order to conform with any such requirements 19 established by the Appraisal Qualifications Board of the 20 Appraisal Foundation and recognized by the Appraisal 21 Subcommittee or any successor body recognized by federal law. 22 (3) Appropriate fees, as set forth in the rules of the 23 board under s. 475.6147, must accompany all applications for 24 registration, licensure, and certification. 25 (4) If the applicant is currently a registered, 26 licensed, or certified appraiser and is making application to 27 obtain a different status of appraisal licensure, and if the 28 application is received by the department within 180 days 29 before or after the applicant's scheduled renewal, the charge 30 for the application shall be established by the rules of the 31 board under s. 475.6147. 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 318 14-227-98 1 (5)(4) At the time of filing a notarized application 2 for registration, licensure, or certification, the applicant 3 must sign a pledge to comply with the Uniform Standards of 4 Professional Appraisal Practice upon registration, licensure, 5 or certification, and must indicate in writing that she or he 6 understands the types of misconduct for which disciplinary 7 proceedings may be initiated. The application shall expire 1 8 year from the date received, if the applicant for 9 registration, licensure, or certification fails to take the 10 appropriate examination. 11 (6)(5) All applicants must be competent and qualified 12 to make real estate appraisals with safety to those with whom 13 they may undertake a relationship of trust and confidence and 14 the general public. If any applicant has been denied 15 registration, licensure, or certification, or has been 16 disbarred, or the applicant's registration, license, or 17 certificate to practice or conduct any regulated profession, 18 business, or vocation has been revoked or suspended by this or 19 any other state, any nation, or any possession or district of 20 the United States, or any court or lawful agency thereof, 21 because of any conduct or practices which would have warranted 22 a like result under this section, or if the applicant has been 23 guilty of conduct or practices in this state or elsewhere 24 which would have been grounds for disciplining her or his 25 registration, license, or certification under this section had 26 the applicant then been registered, licensed, or certified, 27 the applicant shall be deemed not to be qualified unless, 28 because of lapse of time and subsequent good conduct and 29 reputation, or other reason deemed sufficient, it appears to 30 the board that the interest of the public is not likely to be 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 318 14-227-98 1 endangered by the granting of registration, licensure, or 2 certification. 3 (7)(6) No applicant seeking to become registered, 4 licensed, or certified under this section may be rejected 5 solely by virtue of membership or lack of membership in any 6 particular appraisal organization. 7 Section 3. Subsection (1) of section 475.624, Florida 8 Statutes, is amended to read: 9 475.624 Discipline.--The board may deny an application 10 for registration, licensure, or certification; investigate the 11 actions of any appraiser registered, licensed, or certified 12 under this section; and may reprimand, fine, revoke, or 13 suspend, for a period not to exceed 10 years, the 14 registration, license, or certification of any such appraiser, 15 or place any such appraiser on probation if it finds that the 16 registrant, licensee, or certificateholder: 17 (1) Has violated any provisions of this part or of s. 18 455.227(1); however, licensees under this part are exempt from 19 the provisions of s. 455.227(1)(i). 20 Section 4. This act shall take effect July 1, 1998. 21 22 ***************************************** 23 SENATE SUMMARY 24 Provides that violations of the Uniform Standards of Professional Appraisal Practice are grounds for 25 discipline. Revises application requirements for obtaining a different status of appraisal licensure. 26 Revises a ground for disciplinary action by exempting licensees from reporting certain violations. 27 28 29 30 31 4