Senate Bill 0340e1

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  1                      A bill to be entitled

  2         An act relating to real estate; amending s.

  3         475.15, F.S.; providing registration and

  4         licensing requirements for additional business

  5         entities; eliminating a conflicting provision

  6         relating to automatic cancellation of the

  7         registration of a real estate broker

  8         partnership; amending s. 475.17, F.S.;

  9         providing additional requirements for licensure

10         as a real estate broker; amending s. 475.183,

11         F.S.; revising the period after which

12         involuntarily inactive licenses expire;

13         revising the time for the required notice to

14         the licensee; amending s. 475.25, F.S.;

15         revising a ground for disciplinary action to

16         exempt licensees from the reporting of certain

17         violators; providing that violations of certain

18         standards of the Appraisal Foundation are

19         grounds for the Florida Real Estate Commission

20         to deny, revoke, or suspend the license of, or

21         to fine, real estate brokers or salespersons;

22         reenacting ss. 475.180(2)(b), 475.181(2),

23         475.22(2), 475.422(2), 475.482(1), F.S.,

24         relating to nonresident licenses, licensure,

25         refusal of a broker to comply with certain

26         requests or notices, furnishing of copies of

27         termite and roof inspection reports, and

28         recovery from the Real Estate Recovery Fund, to

29         incorporate the amendment to s. 475.25, F.S.,

30         in references thereto; amending s. 475.272,

31         F.S.; deleting a provision that restricts a


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  1         real estate licensee to operating as a single

  2         agent or as a transaction broker; amending s.

  3         475.278, F.S.; revising provisions relating to

  4         disclosure of authorized brokerage

  5         relationships and the corresponding duties of

  6         real estate licensees; creating s. 475.279,

  7         F.S.; authorizing signatures transmitted by

  8         electronic means or facsimile; amending s.

  9         475.451, F.S.; revising provisions relating to

10         the permitting of instructors for proprietary

11         real estate schools or state institutions;

12         providing permit renewal requirements; revising

13         references relating to examinations; amending

14         s. 475.452, F.S.; providing requirements

15         applicable to advance expenses, commissions, or

16         fees for brokers auctioning real property;

17         amending s. 475.484, F.S.; providing

18         applicability with respect to a conflict with

19         federal law in the disciplining of certain

20         licensees against whom a judgment has been paid

21         from the Real Estate Recovery Fund; creating s.

22         475.5016, F.S.; granting the department

23         authority to inspect and audit brokers and

24         brokerage offices; amending ss. 475.611 and

25         475.612, F.S.; redesignating registered

26         appraisers as registered assistant appraisers;

27         amending ss. 475.01, 475.011, 475.616, 475.618,

28         475.619, 475.620, 475.622, 475.623, 475.626,

29         475.627, 475.628, 475.629, 475.630, F.S., to

30         conform and correct references; creating s.

31         475.6145, F.S.; providing for a seal for the


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  1         Florida Real Estate Appraisal Board to

  2         authenticate its proceedings, records, and

  3         acts; creating s. 475.6147, F.S.; providing a

  4         separate section relating to establishment of

  5         fees applicable to the regulation of real

  6         estate appraisers; amending s. 475.615, F.S.;

  7         revising provisions relating to qualifications

  8         for registration, licensure, or certification

  9         of appraisers; providing for a charge for

10         application for a change in status of appraisal

11         licensure; amending s. 475.617, F.S.; revising

12         continuing education and experience

13         requirements for real estate appraisers;

14         amending s. 475.624, F.S.; revising a ground

15         for disciplinary action to exempt licensees

16         from the reporting of certain violators;

17         creating s. 475.6295, F.S.; granting the

18         department authority to inspect appraisers and

19         appraisal offices; amending s. 553.991, F.S.;

20         limiting the purpose of the "Florida Building

21         Energy-Efficiency Rating Act" to providing for

22         a statewide uniform system for rating the

23         energy efficiency of buildings; amending s.

24         553.994, F.S.; deleting the schedule for

25         phasing in the rating system; amending s.

26         553.996, F.S.; requiring provision of an

27         information brochure to prospective purchasers

28         of certain real property; deleting a provision

29         authorizing such prospective purchasers to

30         receive a rating on the property upon request;

31         amending s. 489.103, F.S.; creating an


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  1         exemption, with exceptions, to construction

  2         contracting requirements; amending s. 489.503,

  3         F.S.; creating an exemption, with exceptions,

  4         to the electrical and alarm system contracting

  5         requirements; creating s. 475.2755, F.S.;

  6         providing for the use of a designated

  7         salesperson for a real estate transaction other

  8         than a residential sale, under specified

  9         conditions; providing duties of designated

10         salespersons; providing requirements for

11         disclosure; defining the terms "buyer" and

12         "seller," as used in this section; amending s.

13         475.274, F.S.; amending a cross-reference;

14         amending s. 475.2801, F.S.; amending a

15         cross-reference; amending s. 475.5015, F.S.;

16         amending a cross-reference; amending s.

17         475.276, F.S.; providing an exception to

18         requirement that real estate licensees provide

19         a notice of nonrepresentation; providing an

20         effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Paragraph (a) of subsection (1) of section

25  475.01, Florida Statutes, is amended to read:

26         475.01  Definitions.--

27         (1)  As used in this part:

28         (a)  "Broker" means a person who, for another, and for

29  a compensation or valuable consideration directly or

30  indirectly paid or promised, expressly or impliedly, or with

31  an intent to collect or receive a compensation or valuable


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  1  consideration therefor, appraises, auctions, sells, exchanges,

  2  buys, rents, or offers, attempts or agrees to appraise,

  3  auction, or negotiate the sale, exchange, purchase, or rental

  4  of business enterprises or business opportunities or any real

  5  property or any interest in or concerning the same, including

  6  mineral rights or leases, or who advertises or holds out to

  7  the public by any oral or printed solicitation or

  8  representation that she or he is engaged in the business of

  9  appraising, auctioning, buying, selling, exchanging, leasing,

10  or renting business enterprises or business opportunities or

11  real property of others or interests therein, including

12  mineral rights, or who takes any part in the procuring of

13  sellers, purchasers, lessors, or lessees of business

14  enterprises or business opportunities or the real property of

15  another, or leases, or interest therein, including mineral

16  rights, or who directs or assists in the procuring of

17  prospects or in the negotiation or closing of any transaction

18  which does, or is calculated to, result in a sale, exchange,

19  or leasing thereof, and who receives, expects, or is promised

20  any compensation or valuable consideration, directly or

21  indirectly therefor; and all persons who advertise rental

22  property information or lists.  A broker renders a

23  professional service and is a professional within the meaning

24  of s. 95.11(4)(a).  Where the term "appraise" or "appraising"

25  appears in the definition of the term "broker," it

26  specifically excludes those appraisal services which must be

27  performed only by a state-licensed or state-certified

28  appraiser, and those appraisal services which may be performed

29  by a registered assistant appraiser as defined in part II.

30  The term "broker" also includes any person who is a general

31  partner, officer, or director of a partnership or corporation


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  1  which acts as a broker.  The term "broker" also includes any

  2  person or entity who undertakes to list or sell one or more

  3  timeshare periods per year in one or more timeshare plans on

  4  behalf of any number of persons, except as provided in ss.

  5  475.011 and 721.20.

  6         Section 2.  Subsection (9) of section 475.011, Florida

  7  Statutes, is amended to read:

  8         475.011  Exemptions.--This part does not apply to:

  9         (9)  Any person registered, licensed, or certified by

10  the department under part II as an appraiser or assistant

11  appraiser performing appraisals in accordance with that part.

12         Section 3.  Section 475.15, Florida Statutes, is

13  amended to read:

14         475.15  Registration and licensing of general partners,

15  members, officers, and directors of a firm.--Each partnership,

16  limited liability partnership, limited liability company, or

17  corporation which acts as a broker shall register with the

18  commission and shall renew the licenses or registrations of

19  its members, officers, and directors for each license period.

20  The registration of a partnership is canceled automatically

21  during any period of time that the license or registration of

22  any one or more of its partners is not in force. However, if

23  the partnership is a limited partnership, only the general

24  partners must be licensed brokers or brokerage corporations

25  registered pursuant to this part. If the license or

26  registration of at least one active broker member is not in

27  force, the registration of a corporation, limited liability

28  company, limited liability partnership, or partnership is

29  canceled automatically during that period of time.

30         Section 4.  Subsection (2) of section 475.17, Florida

31  Statutes, is amended to read:


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  1         475.17  Qualifications for practice.--

  2         (2)(a)  In addition to other requirements under this

  3  part, the commission may require the satisfactory completion

  4  of one or more of the educational courses or equivalent

  5  courses conducted, offered, sponsored, prescribed, or approved

  6  pursuant to s. 475.04, taken at an accredited college,

  7  university, or community college, at an area technical center,

  8  or at a registered real estate school, as a condition

  9  precedent for any person to become licensed or to renew her or

10  his license as a broker, broker-salesperson, or salesperson.

11  The course or courses required for one to become initially

12  licensed shall not exceed a total of 63 classroom hours of 50

13  minutes each, inclusive of examination, for a salesperson and

14  72 classroom hours of 50 minutes each, inclusive of

15  examination, for a broker. The satisfactory completion of an

16  examination administered by the accredited college,

17  university, or community college, by the area technical

18  center, or by the registered real estate school shall be the

19  basis for determining satisfactory completion of the course.

20  However, notice of satisfactory completion shall not be issued

21  if the student has absences in excess of 8 classroom hours.

22  Such required course or courses must be made available by

23  correspondence or other suitable means to any person who, by

24  reason of hardship, as defined by rule, cannot attend the

25  place or places where the course is regularly conducted.

26         (b)  A person may not be licensed as a real estate

27  broker unless, in addition to the other requirements of law,

28  the person has held:

29         1.  An active real estate salesperson's license for at

30  least 12 months during the preceding 5 years in the office of

31  one or more real estate brokers licensed in this state or any


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  1  other state, territory, or jurisdiction of the United States

  2  or in any foreign national jurisdiction;

  3         2.  A current and valid real estate salesperson's

  4  license for at least 12 months during the preceding 5 years in

  5  the employ of a governmental agency for a salary and

  6  performing the duties authorized in this part for real estate

  7  licensees; or

  8         3.  A current and valid real estate broker's license

  9  for at least 12 months during the preceding 5 years in any

10  other state, territory, or jurisdiction of the United States

11  or in any foreign national jurisdiction.

12

13  This paragraph does not apply to a person employed as a real

14  estate investigator by the Division of Real Estate, provided

15  the person has been employed as a real estate investigator for

16  at least 24 months. The person must be currently employed as a

17  real estate investigator to sit for the real estate broker's

18  examination and have held a valid and current salesperson's

19  license for at least 12 months.

20         (c)  A person who has been licensed as a real estate

21  salesperson in Florida during the preceding 5 years may not be

22  licensed as a real estate broker unless, in addition to the

23  other requirements of law, she or he has completed the

24  salesperson postlicensure educational requirements, if these

25  requirements have been prescribed by the commission pursuant

26  to paragraph (3)(a).

27         Section 5.  Subsection (2) of section 475.183, Florida

28  Statutes, is amended to read:

29         475.183  Inactive status.--

30         (2)  Any license which has been involuntarily inactive

31  for more than 2 4 years shall automatically expire.  Once a


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  1  license expires, it becomes null and void without any further

  2  action by the commission or department.  Ninety days Two years

  3  prior to expiration of the license, the department shall give

  4  notice to the licensee.  The commission shall prescribe by

  5  rule a fee not to exceed $100 for the late renewal of an

  6  involuntarily inactive license.  The department shall collect

  7  the current renewal fee for each renewal period in which the

  8  license was involuntarily inactive in addition to any

  9  applicable late renewal fee.

10         Section 6.  Subsection (1) of section 475.25, Florida

11  Statutes, is amended to read:

12         475.25  Discipline.--

13         (1)  The commission may deny an application for

14  licensure, registration, or permit, or renewal thereof; may

15  place a licensee, registrant, or permittee on probation; may

16  suspend a license, registration, or permit for a period not

17  exceeding 10 years; may revoke a license, registration, or

18  permit; may impose an administrative fine not to exceed $1,000

19  for each count or separate offense; and may issue a reprimand,

20  and any or all of the foregoing, if it finds that the

21  licensee, registrant, permittee, or applicant:

22         (a)  Has violated any provision of s. 455.227(1) or of

23  s. 475.42. However, licensees under this part are exempt from

24  the provisions of s. 455.227(1)(i).

25         (b)  Has been guilty of fraud, misrepresentation,

26  concealment, false promises, false pretenses, dishonest

27  dealing by trick, scheme, or device, culpable negligence, or

28  breach of trust in any business transaction in this state or

29  any other state, nation, or territory; has violated a duty

30  imposed upon her or him by law or by the terms of a listing

31  contract, written, oral, express, or implied, in a real estate


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  1  transaction; has aided, assisted, or conspired with any other

  2  person engaged in any such misconduct and in furtherance

  3  thereof; or has formed an intent, design, or scheme to engage

  4  in any such misconduct and committed an overt act in

  5  furtherance of such intent, design, or scheme.  It is

  6  immaterial to the guilt of the licensee that the victim or

  7  intended victim of the misconduct has sustained no damage or

  8  loss; that the damage or loss has been settled and paid after

  9  discovery of the misconduct; or that such victim or intended

10  victim was a customer or a person in confidential relation

11  with the licensee or was an identified member of the general

12  public.

13         (c)  Has advertised property or services in a manner

14  which is fraudulent, false, deceptive, or misleading in form

15  or content.

16         (d)1.  Has failed to account or deliver to any person,

17  including a licensee under this chapter, at the time which has

18  been agreed upon or is required by law or, in the absence of a

19  fixed time, upon demand of the person entitled to such

20  accounting and delivery, any personal property such as money,

21  fund, deposit, check, draft, abstract of title, mortgage,

22  conveyance, lease, or other document or thing of value,

23  including a share of a real estate commission if a civil

24  judgment relating to the practice of the licensee's profession

25  has been obtained against the licensee and said judgment has

26  not been satisfied in accordance with the terms of the

27  judgment within a reasonable time, or any secret or illegal

28  profit, or any divisible share or portion thereof, which has

29  come into the licensee's hands and which is not the licensee's

30  property or which the licensee is not in law or equity

31  entitled to retain under the circumstances. However, if the


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  1  licensee, in good faith, entertains doubt as to what person is

  2  entitled to the accounting and delivery of the escrowed

  3  property, or if conflicting demands have been made upon the

  4  licensee for the escrowed property, which property she or he

  5  still maintains in her or his escrow or trust account, the

  6  licensee shall promptly notify the commission of such doubts

  7  or conflicting demands and shall promptly:

  8         a.  Request that the commission issue an escrow

  9  disbursement order determining who is entitled to the escrowed

10  property;

11         b.  With the consent of all parties, submit the matter

12  to arbitration;

13         c.  By interpleader or otherwise, seek adjudication of

14  the matter by a court; or

15         d.  With the written consent of all parties, submit the

16  matter to mediation.  The department may conduct mediation or

17  may contract with public or private entities for mediation

18  services. However, the mediation process must be successfully

19  completed within 90 days following the last demand or the

20  licensee shall promptly employ one of the other escape

21  procedures contained in this section.  Payment for mediation

22  will be as agreed to in writing by the parties.  The

23  department may adopt rules to implement this section.

24

25  If the licensee promptly employs one of the escape procedures

26  contained herein, and if she or he abides by the order or

27  judgment resulting therefrom, no administrative complaint may

28  be filed against the licensee for failure to account for,

29  deliver, or maintain the escrowed property.

30         2.  Has failed to deposit money in an escrow account

31  when the licensee is the purchaser of real estate under a


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  1  contract where the contract requires the purchaser to place

  2  deposit money in an escrow account to be applied to the

  3  purchase price if the sale is consummated.

  4         (e)  Has violated any of the provisions of this chapter

  5  or any lawful order or rule made or issued under the

  6  provisions of this chapter or chapter 455.

  7         (f)  Has been convicted or found guilty of, or entered

  8  a plea of nolo contendere to, regardless of adjudication, a

  9  crime in any jurisdiction which directly relates to the

10  activities of a licensed broker or salesperson, or involves

11  moral turpitude or fraudulent or dishonest dealing. The record

12  of a conviction certified or authenticated in such form as to

13  be admissible in evidence under the laws of the state shall be

14  admissible as prima facie evidence of such guilt.

15         (g)  Has had a broker's or salesperson's license

16  revoked, suspended, or otherwise acted against, or has had an

17  application for such licensure denied, by the real estate

18  licensing agency of another state, territory, or country.

19         (h)  Has shared a commission with, or paid a fee or

20  other compensation to, a person not properly licensed as a

21  broker, broker-salesperson, or salesperson under the laws of

22  this state, for the referral of real estate business, clients,

23  prospects, or customers, or for any one or more of the

24  services set forth in s. 475.01(1)(a). For the purposes of

25  this section, it is immaterial that the person to whom such

26  payment or compensation is given made the referral or

27  performed the service from within this state or elsewhere;

28  however, a licensed broker of this state may pay a referral

29  fee or share a real estate brokerage commission with a broker

30  licensed or registered under the laws of a foreign state so

31


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  1  long as the foreign broker does not violate any law of this

  2  state.

  3         (i)  Has become temporarily incapacitated from acting

  4  as a broker or salesperson with safety to investors or those

  5  in a fiduciary relation with her or him because of

  6  drunkenness, use of drugs, or temporary mental derangement;

  7  but suspension of a license in such a case shall be only for

  8  the period of such incapacity.

  9         (j)  Has rendered an opinion that the title to any

10  property sold is good or merchantable, except when correctly

11  based upon a current opinion of a licensed attorney at law, or

12  has failed to advise a prospective purchaser to consult her or

13  his attorney on the merchantability of the title or to obtain

14  title insurance.

15         (k)  Has failed, if a broker, to immediately place,

16  upon receipt, any money, fund, deposit, check, or draft

17  entrusted to her or him by any person dealing with her or him

18  as a broker in escrow with a title company, banking

19  institution, credit union, or savings and loan association

20  located and doing business in this state, or to deposit such

21  funds in a trust or escrow account maintained by her or him

22  with some bank, credit union, or savings and loan association

23  located and doing business in this state, wherein the funds

24  shall be kept until disbursement thereof is properly

25  authorized; or has failed, if a salesperson, to immediately

26  place with her or his registered employer any money, fund,

27  deposit, check, or draft entrusted to her or him by any person

28  dealing with her or him as agent of the registered employer.

29  The commission shall establish rules to provide for records to

30  be maintained by the broker and the manner in which such

31  deposits shall be made.


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  1         (l)  Has made or filed a report or record which the

  2  licensee knows to be false, has willfully failed to file a

  3  report or record required by state or federal law, has

  4  willfully impeded or obstructed such filing, or has induced

  5  another person to impede or obstruct such filing; but such

  6  reports or records shall include only those which are signed

  7  in the capacity of a licensed broker or salesperson.

  8         (m)  Has obtained a license by means of fraud,

  9  misrepresentation, or concealment.

10         (n)  Is confined in any county jail, postadjudication;

11  is confined in any state or federal prison or mental

12  institution; is under home confinement ordered in lieu of

13  institutional confinement; or, through mental disease or

14  deterioration, can no longer safely be entrusted to

15  competently deal with the public.

16         (o)  Has been found guilty, for a second time, of any

17  misconduct that warrants her or his suspension or has been

18  found guilty of a course of conduct or practices which show

19  that she or he is so incompetent, negligent, dishonest, or

20  untruthful that the money, property, transactions, and rights

21  of investors, or those with whom she or he may sustain a

22  confidential relation, may not safely be entrusted to her or

23  him.

24         (p)  Has failed to inform the commission in writing

25  within 30 days after pleading guilty or nolo contendere to, or

26  being convicted or found guilty of, any felony.

27         (q)  Has violated any provision of s. 475.276 or s.

28  475.278, including the duties owed under those sections.

29         (r)  Has failed in any written listing agreement to

30  include a definite expiration date, description of the

31  property, price and terms, fee or commission, and a proper


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  1  signature of the principal(s); and has failed to give the

  2  principal(s) a legible, signed, true and correct copy of the

  3  listing agreement within 24 hours of obtaining the written

  4  listing agreement.  The written listing agreement shall

  5  contain no provision requiring the person signing the listing

  6  to notify the broker of the intention to cancel the listing

  7  after such definite expiration date.

  8         (s)  Has had a registration suspended, revoked, or

  9  otherwise acted against in any jurisdiction. The record of the

10  disciplinary action certified or authenticated in such form as

11  to be admissible in evidence under the laws of the state shall

12  be admissible as prima facie evidence of such disciplinary

13  action.

14         (t)  Has violated any standard for the development or

15  communication of a real estate appraisal or other provision of

16  the Uniform Standards of Professional Appraisal Practice, as

17  defined in s. 475.611, as approved and adopted by the

18  Appraisal Standards Board of the Appraisal Foundation, as

19  defined in s. 475.611. This paragraph does not apply to a real

20  estate broker or salesperson who, in the ordinary course of

21  business, performs a comparative market analysis. However, in

22  no event may this comparative market analysis be referred to

23  as an appraisal, as defined in s. 475.611.

24         Section 7.  For the purpose of incorporating the

25  amendments to section 475.25, Florida Statutes, in references

26  thereto, paragraph (b) of subsection (2) of section 475.180,

27  Florida Statutes, is reenacted to read:

28         475.180  Nonresident licenses.--

29         (2)

30         (b)  Any resident licensee who becomes a nonresident

31  shall, within 60 days, notify the commission of the change in


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  1  residency and comply with nonresident requirements. Failure to

  2  notify and comply is a violation of the license law, subject

  3  to the penalties in s. 475.25.

  4         Section 8.  For the purpose of incorporating the

  5  amendments to section 475.25, Florida Statutes, in references

  6  thereto, subsection (2) of section 475.181, Florida Statutes,

  7  is reenacted to read:

  8         475.181  Licensure.--

  9         (2)  The commission shall certify for licensure any

10  applicant who satisfies the requirements of ss. 475.17,

11  475.175, and 475.180. The commission may refuse to certify any

12  applicant who has violated any of the provisions of s. 475.42

13  or who is subject to discipline under s. 475.25. The

14  application shall expire 1 year from the date received if the

15  applicant fails to take the appropriate examination.

16         Section 9.  For the purpose of incorporating the

17  amendments to section 475.25, Florida Statutes, in references

18  thereto, subsection (2) of section 475.22, Florida Statutes,

19  is reenacted to read:

20         475.22  Broker to maintain office and sign at entrance

21  of office; registered office outside state; broker required to

22  cooperate in investigation.--

23         (2)  If a broker's registered office is located outside

24  the State of Florida, prior to registering such office or

25  branch office, the broker shall agree in writing to cooperate

26  and shall cooperate with any investigation initiated in

27  accordance with this chapter or commission rules including,

28  but not limited to, the broker promptly supplying any

29  documents requested by any authorized representative of the

30  department and by personally appearing at any designated

31  office of the department or other location in the state or


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    CS for SB 340                                  First Engrossed



  1  elsewhere as reasonably requested by the department. If the

  2  department sends, by certified mail to the broker at the

  3  broker's last known business address as registered with the

  4  department, a notice or request to produce any documents or to

  5  appear for an interview with an authorized representative of

  6  the department and the broker fails to substantially comply

  7  with that request or notice, then such failure by the broker

  8  is a violation of the license law, subject to the penalties of

  9  s. 475.25.

10         Section 10.  For the purpose of incorporating the

11  amendments to section 475.25, Florida Statutes, in references

12  thereto, subsection (2) of section 475.422, Florida Statutes,

13  is reenacted to read:

14         475.422  Disclosure.--

15         (2)  Failure to comply with this section may subject

16  the licensee to disciplinary action pursuant to s. 475.25.

17         Section 11.  For the purpose of incorporating the

18  amendments to section 475.25, Florida Statutes, in references

19  thereto, subsection (1) of section 475.482, Florida Statutes,

20  is reenacted to read:

21         475.482  Real Estate Recovery Fund.--There is created

22  the Florida Real Estate Recovery Fund as a separate account in

23  the Professional Regulation Trust Fund.

24         (1)  The Florida Real Estate Recovery Fund shall be

25  disbursed as provided in s. 475.484, on order of the

26  commission, as reimbursement to any person, partnership, or

27  corporation adjudged by a court of competent civil

28  jurisdiction in this state to have suffered monetary damages

29  by reason of any act committed, as a part of any real estate

30  brokerage transaction involving real property in this state,

31  by any broker or salesperson who:


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  1         (a)  Was, at the time the alleged act was committed,

  2  the holder of a current, valid, active real estate license

  3  issued under this part;

  4         (b)  Was neither the seller, buyer, landlord, or tenant

  5  in the transaction nor an officer or a director of a

  6  corporation or a member of a partnership which was the seller,

  7  buyer, landlord, or tenant in the transaction; and

  8         (c)  Was acting solely in the capacity of a real estate

  9  licensee in the transaction;

10

11  provided the act was a violation proscribed in s. 475.25 or s.

12  475.42.

13         Section 12.  Section 475.272, Florida Statutes, is

14  amended to read:

15         475.272  Purpose.--In order to eliminate confusion and

16  provide for a better understanding on the part of customers in

17  real estate transactions, the Legislature finds that the

18  intent of the Brokerage Relationship Disclosure Act is to

19  provide that:

20         (1)  Disclosed dual agency as an authorized form of

21  representation by a real estate licensee in this state is

22  expressly revoked;

23         (2)  Real estate licensees be required to disclose to

24  customers upon first contact in residential real estate

25  transactions that they are not and will not be represented by

26  a licensee in a real estate transaction unless they engage a

27  real estate licensee in an authorized form of representation,

28  either as a single agent or as a transaction broker;

29         (3)  Disclosure requirements for real estate licensees

30  relating to nonrepresentation and authorized forms of

31  brokerage representation are established;


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  1         (4)  Florida law provides that real estate licensees

  2  will operate as single agents or in a limited representative

  3  capacity known as transaction brokers;

  4         (4)(5)  Single agents may represent either a buyer or a

  5  seller, but not both, in a real estate transaction; and

  6         (5)(6)  Transaction brokers provide a limited form of

  7  nonfiduciary representation to a buyer, a seller, or both in a

  8  real estate transaction.

  9         Section 13.  Section 475.278, Florida Statutes, is

10  amended to read:

11         475.278  Authorized brokerage relationships; required

12  disclosures.--

13         (1)  AUTHORIZED BROKERAGE RELATIONSHIPS.--A real estate

14  licensee in this state may enter into a brokerage relationship

15  as either a single agent or as a transaction broker with

16  potential buyers and sellers. A real estate licensee may not

17  operate as a disclosed or nondisclosed dual agent. As used in

18  this section, the term "dual agent" means a broker who

19  represents as a fiduciary both the prospective buyer and the

20  prospective seller in a real estate transaction. Once a

21  brokerage relationship is established, this part does not

22  prevent a licensee from changing from one brokerage

23  relationship to the other as long as the buyer or the seller,

24  or both, gives consent as required by subparagraph (3)(c)2.

25  before the change and the appropriate disclosure of duties as

26  provided in this part is made to the buyer or seller. This

27  part does not require a customer to enter into a brokerage

28  relationship with any real estate licensee.

29         (2)  TRANSACTION BROKER RELATIONSHIP.--

30         (a)  Transaction broker - duties of limited

31  representation.--A transaction broker provides a limited form


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  1  of representation to a buyer, a seller, or both in a real

  2  estate transaction but does not represent either in a

  3  fiduciary capacity or as a single agent. The duties of the

  4  real estate licensee in this limited form of representation

  5  include the following:

  6         1.  Dealing honestly and fairly;

  7         2.  Accounting for all funds;

  8         3.  Using skill, care, and diligence in the

  9  transaction;

10         4.  Disclosing all known facts that materially affect

11  the value of residential real property and are not readily

12  observable to the buyer;

13         5.  Presenting all offers and counteroffers in a timely

14  manner, unless a party has previously directed the licensee

15  otherwise in writing;

16         6.  Limited confidentiality, unless waived in writing

17  by a party. This limited confidentiality will prevent

18  disclosure that the seller will accept a price less than the

19  asking or listed price, that the buyer will pay a price

20  greater than the price submitted in a written offer, of the

21  motivation of any party for selling or buying property, that a

22  seller or buyer will agree to financing terms other than those

23  offered, or of any other information requested by a party to

24  remain confidential; and

25         7.  Any additional duties that are mutually agreed to

26  with a party.

27         (b)  Disclosure requirements.--Duties of a transaction

28  broker must be fully described and disclosed in writing to a

29  buyer or seller either as a separate and distinct disclosure

30  document or included as part of another document such as a

31  listing agreement or agreement for representation. The


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  1  disclosure must be made before, or at the time of, entering

  2  into a listing agreement or an agreement for representation.

  3  When incorporated into other documents, the required notice

  4  must be of the same size type, or larger, as other provisions

  5  of the document and must be conspicuous in its placement so as

  6  to advise customers of the duties of limited representation,

  7  except that the first sentence of the information identified

  8  in paragraph (c) must be printed in uppercase and bold type.

  9         (c)  Contents of disclosure.--The required notice given

10  under paragraph (b) must include the following information in

11  the following form:

12

13                    TRANSACTION BROKER NOTICE

14

15  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

16  TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE

17  AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

18

19  As a transaction broker, ................ (insert name of Real

20  Estate Firm and its Associates), provides to you a limited

21  form of representation that includes the following duties:

22         1.  Dealing honestly and fairly;

23         2.  Accounting for all funds;

24         3.  Using skill, care, and diligence in the

25  transaction;

26         4.  Disclosing all known facts that materially affect

27  the value of residential real property and are not readily

28  observable to the buyer;

29         5.  Presenting all offers and counteroffers in a timely

30  manner, unless a party has previously directed the licensee

31  otherwise in writing;


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  1         6.  Limited confidentiality, unless waived in writing

  2  by a party. This limited confidentiality will prevent

  3  disclosure that the seller will accept a price less than the

  4  asking or listed price, that the buyer will pay a price

  5  greater than the price submitted in a written offer, of the

  6  motivation of any party for selling or buying property, that a

  7  seller or buyer will agree to financing terms other than those

  8  offered, or of any other information requested by a party to

  9  remain confidential; and

10         7.  Any additional duties that are entered into by this

11  or by separate written agreement.

12

13  Limited representation means that a buyer or seller is not

14  responsible for the acts of the licensee. Additionally,

15  parties are giving up their rights to the undivided loyalty of

16  the licensee. This aspect of limited representation allows a

17  licensee to facilitate a real estate transaction by assisting

18  both the buyer and the seller, but a licensee will not work to

19  represent one party to the detriment of the other party when

20  acting as a transaction broker to both parties.

21

22

23  ........                     ........................

24  Date                         Signature

25

26                               ........................

27                               Signature

28         (3)  SINGLE AGENT RELATIONSHIP.--

29         (a)  Single agent - duties.--The duties of a real

30  estate licensee owed to a buyer or seller who engages the real

31  estate licensee as a single agent include the following:


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  1         1.  Dealing honestly and fairly;

  2         2.  Loyalty;

  3         3.  Confidentiality;

  4         4.  Obedience;

  5         5.  Full disclosure;

  6         6.  Accounting for all funds;

  7         7.  Skill, care, and diligence in the transaction; and

  8         8.  Presenting all offers and counteroffers in a timely

  9  manner, unless a party has previously directed the licensee

10  otherwise in writing; and.

11         9.  Disclosing all known facts that materially affect

12  the value of residential real property and are not readily

13  observable.

14         (b)  Disclosure requirements.--

15         1.  Single agent disclosure.--Duties of a single agent

16  must be fully described and disclosed in writing to a buyer or

17  seller either as a separate and distinct disclosure document

18  or included as part of another document such as a listing

19  agreement or other agreement for representation. The

20  disclosure must be made before, or at the time of, entering

21  into a listing agreement or an agreement for representation.

22  When incorporated into other documents, the required notice

23  must be of the same size type, or larger, as other provisions

24  of the document and must be conspicuous in its placement so as

25  to advise customers of the duties of a single agent, except

26  that the first sentence of the information identified in

27  paragraph (c) must be printed in uppercase and bold type.

28         2.  Transition to transaction broker disclosure.--A

29  single agent relationship may be changed to a transaction

30  broker relationship at any time during the relationship

31  between an agent and principal, provided the agent gives the


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    CS for SB 340                                  First Engrossed



  1  disclosure required under paragraph (2)(b) and the principal

  2  gives to the agent consent as required under subparagraph

  3  (c)2. before a change in relationship. This disclosure must be

  4  in writing to the principal either as a separate and distinct

  5  document or included as part of other documents such as a

  6  listing agreement or other agreements for representation. When

  7  incorporated into other documents, the required notice must be

  8  of the same size type, or larger, as other provisions of the

  9  document and must be conspicuous in its placement so as to

10  advise customers of the duties of limited representation,

11  except that the first sentence of the information identified

12  in subparagraph (c)2. must be printed in uppercase and bold

13  type.

14         (c)  Contents of disclosure.--

15         1.  Single agent duties disclosure.--The notice

16  required under subparagraph (b)1. must include the following

17  information in the following form:

18

19                       SINGLE AGENT NOTICE

20

21  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS

22  SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.

23

24         As a single agent, ................ (insert name of

25  Real Estate Entity and its Associates) owe to you the

26  following duties:

27         1.  Dealing honestly and fairly;

28         2.  Loyalty;

29         3.  Confidentiality;

30         4.  Obedience;

31         5.  Full disclosure;


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    CS for SB 340                                  First Engrossed



  1         6.  Accounting for all funds;

  2         7.  Skill, care, and diligence in the transaction; and

  3         8.  Presenting all offers and counteroffers in a timely

  4  manner, unless a party has previously directed the licensee

  5  otherwise in writing; and.

  6         9.  Disclosing all known facts that materially affect

  7  the value of residential real property and are not readily

  8  observable.

  9

10

11  ........                     ........................

12  Date                         Signature

13

14         2.  Transition disclosure.--The notice required under

15  subparagraph (b)2. must include the following information in

16  the following form as well as the information required in

17  paragraph (2)(c):

18

19           CONSENT TO TRANSITION TO TRANSACTION BROKER

20

21  FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER

22  OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT

23  RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER

24  FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE

25  TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO

26  BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP

27  CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.

28

29  ........I agree that my agent may assume the role and duties

30  of a transaction broker. [must be initialed or signed]

31


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  1         (4)  NO BROKERAGE RELATIONSHIP - DUTIES.--A real estate

  2  licensee owes to a customer with whom the licensee has no

  3  brokerage relationship the following duties:

  4         (a)  Dealing honestly and fairly;

  5         (b)  Disclosing all known facts that materially affect

  6  the value of the residential real property which are not

  7  readily observable to the buyer; and

  8         (c)  Accounting for all funds entrusted to the

  9  licensee.

10         Section 14.  Section 475.279, Florida Statutes, is

11  created to read:

12         475.279  Facsimile signatures or writing

13  accepted.--When any act performed under part I of this chapter

14  must be performed in writing or acknowledged with a signature,

15  the provision of an instrument or writing by electronic means

16  or facsimile, including a signature transmitted by electronic

17  means or facsimile, is binding and sufficient.

18         Section 15.  Section 475.451, Florida Statutes, is

19  amended to read:

20         475.451  Schools teaching real estate practice.--

21         (1)  Each person, school, or institution, except

22  approved and accredited colleges, universities, community

23  colleges, and area technical centers in this state, which

24  offers or conducts any course of study in real estate

25  practice, teaches any course prescribed by the commission as a

26  condition precedent to licensure or renewal of licensure as a

27  broker or salesperson, or teaches any course designed or

28  represented to enable or assist applicants for licensure as

29  brokers or salespersons to pass examinations for such

30  licensure conducted by the department shall, before commencing

31  or continuing further to offer or conduct such course or


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  1  courses, obtain a permit from the department and abide by the

  2  regulations imposed upon such person, school, or institution

  3  by this chapter and rules of the commission adopted pursuant

  4  to this chapter.  The exemption for colleges, universities,

  5  community colleges, and area technical centers is limited to

  6  transferable college credit courses offered by such

  7  institutions.

  8         (2)  An applicant for a permit to operate a proprietary

  9  real estate school, to be a chief administrator of a

10  proprietary real estate school or a state institution, or to

11  be an instructor for a proprietary real estate school or a

12  state institution must meet the qualifications for practice

13  set forth in s. 475.17(1) and the following minimal

14  requirements:

15         (a)  "School permitholder" means the is defined as that

16  individual who is responsible for directing the overall

17  operation of a proprietary real estate school.  A school

18  permitholder She or he must be the holder of a license as a

19  broker, either active or voluntarily inactive, or must have

20  passed an instructor's examination approved by the commission

21  administered by the department.  A school permitholder must

22  also meet the requirements of a school instructor if she or he

23  is actively engaged in teaching.

24         (b)  "Chief administrative person" means the is defined

25  as that individual who is responsible for the administration

26  of the overall policies and practices of the institution or

27  proprietary real estate school. A chief administrative person

28  She or he must also meet the requirements of a school

29  instructor if she or he is actively engaged in teaching.

30         (c)  "School instructor" means an is defined as that

31  individual who actively instructs persons in the classroom in


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  1  noncredit college courses in a college, university, or

  2  community college or courses in an area technical center or

  3  proprietary real estate school.

  4         1.  Before commencing to provide such instruction, the

  5  applicant instruct noncredit college courses in a college,

  6  university, or community college, or courses in an area

  7  technical center or proprietary real estate school, she or he

  8  must certify the applicant's her or his competency and obtain

  9  an instructor permit by meeting one of the following

10  requirements:

11         a.  Hold a bachelor's degree in a business-related

12  subject, such as real estate, finance, accounting, business

13  administration, or its equivalent and hold a valid broker's

14  license in this state.

15         b.  Hold a bachelor's degree, have extensive real

16  estate experience, as defined by rule, and hold a valid

17  broker's license in this state.

18         c.  Pass an instructor's examination approved by the

19  commission administered by the Division of Real Estate.

20         2.  Any requirement by the commission for a teaching

21  demonstration or practical examination must apply to all

22  school instructor applicants.

23         3.  The department shall renew an instructor permit

24  upon receipt of a renewal application and fee. The renewal

25  application shall include proof that the permitholder has,

26  since the issuance or renewal of the current permit, Every

27  second year, each instructor must recertify her or his

28  competency by presenting to the commission evidence of her or

29  his having successfully completed a minimum of 15 classroom

30  hours of instruction in real estate subjects or instructional

31  techniques, as prescribed by the commission. The commission


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    CS for SB 340                                  First Engrossed



  1  shall adopt rules providing for the renewal of instructor

  2  permits at least every 2 years. Any permit that is not renewed

  3  at the end of the permit period established by the department

  4  shall automatically revert to involuntarily inactive status.

  5

  6  The department may require an applicant to submit names of

  7  persons having knowledge concerning the applicant and the

  8  enterprise; may propound interrogatories to such persons and

  9  to the applicant concerning the character of the applicant,

10  including the taking of fingerprints for processing through

11  the Federal Bureau of Investigation; and shall make such

12  investigation of the applicant or the school or institution as

13  it may deem necessary to the granting of the permit. If an

14  objection is filed, it shall be considered in the same manner

15  as objections or administrative complaints against other

16  applicants for licensure by the department.

17         (3)  It is unlawful for any person, school, or

18  institution to offer the courses described in subsection (1)

19  or to conduct classes in such courses, regardless of the

20  number of pupils, whether by correspondence or otherwise,

21  without first procuring a permit, or to guarantee that its

22  pupils will pass any examinations required for licensure given

23  by the department, or to represent that the issuance of a

24  permit is any recommendation or endorsement of the person,

25  school, or institution to which it is issued or of any course

26  of instruction given thereunder.

27         (4)  Any person who violates this section commits is

28  guilty of a misdemeanor of the second degree, punishable as

29  provided in s. 775.082 or s. 775.083.

30         (5)  The location of classes and frequency of class

31  meetings shall be in the discretion of the school offering


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    CS for SB 340                                  First Engrossed



  1  real estate courses, so long as such courses conform to s.

  2  475.17(2).

  3         (6)  Any course prescribed by the commission as a

  4  condition precedent to any person's becoming initially

  5  licensed as a salesperson may be taught in any real estate

  6  school through the use of a video tape of instruction by a

  7  currently permitted licensed instructor from any such school.

  8  The commission may require that any such video tape course

  9  have a single session of live instruction by a currently

10  permitted licensed instructor from any such school; however,

11  this requirement shall not exceed 3 classroom hours.  All

12  other prescribed courses, except the continuing education

13  course required by s. 475.182, shall be taught by a currently

14  permitted licensed school instructor personally in attendance

15  at such course.  The continuing education course required by

16  s. 475.182 may be taught by an equivalent correspondence

17  course; however, any such course of correspondence shall be

18  required to have a final examination, prepared and

19  administered by the school issuing the correspondence course.

20  The continuing education requirements provided in this section

21  or provided in any other section in this chapter do not apply

22  with respect to any attorney who is otherwise qualified under

23  the provisions of this chapter.

24         (7)  Any person holding a school instructor permit on

25  October 1, 1983, is exempt from the instructor examination

26  requirements of paragraph (2)(c) as long as the person

27  continuously holds such a permit and complies with all other

28  requirements of this chapter.

29         (8)  A permitholder under pursuant to this section may

30  be issued additional permits whenever it is clearly shown that

31  the requested additional permits are necessary to the conduct


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    CS for SB 340                                  First Engrossed



  1  of the business of a real estate school and that the

  2  additional permits will not be used in a manner likely to be

  3  prejudicial to any person, including a licensee or a

  4  permitholder under this chapter.

  5         Section 16.  Subsection (6) is added to section

  6  475.452, Florida Statutes, to read:

  7         475.452  Advance fees; deposit; accounting; penalty;

  8  damages.--

  9         (6)  This section does not apply to a real estate

10  broker auctioning real property if in advance of the auction

11  the broker and seller have entered into a written agreement

12  specifically providing for anticipated expenses to be incurred

13  and paid. However, any trust funds received by the broker in

14  advance of the auction may not be disbursed or otherwise used

15  as an advance commission or fee for services without the

16  broker's first having complied with the provisions of this

17  subsection.

18         Section 17.  Subsection (7) of section 475.484, Florida

19  Statutes, is amended to read:

20         475.484  Payment from the fund.--

21         (7)  Upon the payment of any amount from the Real

22  Estate Recovery Fund in settlement of a claim in satisfaction

23  of a judgment against a broker or salesperson as described in

24  s. 475.482(1), the license of such broker or salesperson shall

25  be automatically suspended upon the date of payment from the

26  fund. The license of such broker or salesperson may not be

27  reinstated until the licensee has repaid in full, plus

28  interest, the amount paid from the fund. No further

29  administrative action is necessary. A discharge of bankruptcy

30  does not relieve a licensee from the penalties and

31  disabilities provided in this section, except to the extent


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    CS for SB 340                                  First Engrossed



  1  that this subsection conflicts with 11 U.S.C. s. 525, in which

  2  case the commission may order the license not to be suspended

  3  or otherwise discriminated against.

  4         Section 18.  Section 475.5016, Florida Statutes, is

  5  created to read:

  6         475.5016  Authority to inspect and audit.--Duly

  7  authorized agents and employees of the department shall have

  8  the power to inspect and audit in a lawful manner at all

  9  reasonable hours any broker or brokerage office licensed under

10  this chapter, for the purpose of determining if any of the

11  provisions of this chapter, chapter 455, or any rule adopted

12  under authority of either chapter is being violated.

13         Section 19.  Paragraphs (a), (e), and (l) of subsection

14  (1) and subsection (2) of section 475.611, Florida Statutes,

15  are amended to read:

16         475.611  Definitions.--

17         (1)  As used in this part, the term:

18         (a)  "Appraisal" or "appraisal services" means the

19  services provided by certified or, licensed appraisers, or

20  registered assistant appraisers, and includes:

21         1.  "Appraisal assignment" denotes an engagement for

22  which a person is employed or retained to act, or could be

23  perceived by third parties or the public as acting, as an

24  agent or a disinterested third party in rendering an unbiased

25  analysis, opinion, review, or conclusion relating to the

26  nature, quality, value, or utility of specified interests in,

27  or aspects of, identified real property.

28         2.  "Analysis assignment" denotes appraisal services

29  that relate to the employer's or client's individual needs or

30  investment objectives and includes specialized marketing,

31  financing, and feasibility studies as well as analyses,


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    CS for SB 340                                  First Engrossed



  1  opinions, and conclusions given in connection with activities

  2  such as real estate brokerage, mortgage banking, or real

  3  estate counseling.

  4         (e)  "Appraiser" means any person who is a registered

  5  assistant real estate appraiser, licensed real estate

  6  appraiser, or a certified real estate appraiser.  An appraiser

  7  renders a professional service and is a professional within

  8  the meaning of s. 95.11(4)(a).

  9         (l)  "Registered assistant appraiser" means a person

10  who is registered with the department as qualified to perform

11  appraisal services under the supervision of a licensed or

12  certified appraiser.

13         (2)  Wherever the word "operate" or "operating" appears

14  in this part with respect to a registered assistant appraiser,

15  licensed appraiser, or certified appraiser; in any order,

16  rule, or regulation of the board; in any pleading, indictment,

17  or information under this part section; in any court action or

18  proceeding; or in any order or judgment of a court, it shall

19  be deemed to mean the commission of one or more acts described

20  in this part section as constituting or defining a registered

21  assistant appraiser, licensed appraiser, or certified

22  appraiser, not including, however, any of the exceptions

23  stated therein.  A single act is sufficient to bring a person

24  within the meaning of this subsection section, and each act,

25  if prohibited herein, constitutes a separate offense.

26         Section 20.  Section 475.612, Florida Statutes, is

27  amended to read:

28         475.612  Certification, or licensure, or registration

29  required.--

30         (1)  A person may not use the title "certified real

31  estate appraiser," "licensed real estate appraiser," or


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  1  "registered assistant real estate appraiser," or any

  2  abbreviation or words to that effect, or issue an appraisal

  3  report in connection with any federally related transaction,

  4  unless such person is certified, licensed, or registered by

  5  the department under pursuant to this part section.  However,

  6  the work upon which an appraisal report is based may be

  7  performed by a person who is not a certified or, licensed

  8  appraiser, or registered assistant appraiser if the report is

  9  approved and signed by a certified or licensed appraiser.

10         (2)  This section does not preclude a broker,

11  salesperson, or broker-salesperson who is not a certified or,

12  licensed real estate appraiser, or registered assistant real

13  estate appraiser from appraising real estate for compensation.

14  Such persons may continue to provide appraisals and appraisal

15  services for compensation so long as they do not represent

16  themselves as certified, or licensed, or registered under this

17  part section.

18         (3)  This section does shall not apply to a real estate

19  broker or salesperson who, in the ordinary course of business,

20  performs a comparative market analysis and/or gives an opinion

21  of the value of real estate.  However, in no event may this

22  opinion be referred to or construed as an appraisal.

23         (4)  This section does shall not prevent any state

24  court or administrative law judge from certifying as an expert

25  witness in any legal or administrative proceeding an appraiser

26  who is not certified, licensed, or registered; nor does shall

27  it prevent any appraiser from testifying, with respect to the

28  results of an appraisal.

29         (5)  This section does shall not apply to any full-time

30  graduate student who is enrolled in a degree program in

31  appraising at a college or university in this state, if the


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  1  student is acting under the direct supervision of a certified

  2  or licensed appraiser or licensed broker and is engaged only

  3  in appraisal activities related to the approved degree

  4  program. Any appraisal report by the student must be issued in

  5  the name of the supervising individual.

  6         (6)  This section does shall not apply to any employee

  7  of a local, state, or federal agency who performs appraisal

  8  services within the scope of her or his employment. However,

  9  this exemption does shall not apply where any local, state, or

10  federal agency requires an employee to be registered,

11  licensed, or certified to perform appraisal services.

12         Section 21.  Section 475.6145, Florida Statutes, is

13  created to read:

14         475.6145  Seal.--The board shall adopt a seal by which

15  it shall authenticate its proceedings, records, and acts.

16  Copies of the proceedings, records, and acts of the board, and

17  certificates purporting to relate the facts concerning such

18  proceedings, records, and acts, which are signed by the board

19  chair, the custodian of such records, or any other person

20  authorized to make such certification and which are

21  authenticated by such seal, shall be prima facie evidence of

22  such proceedings, records, and acts in all courts of this

23  state.

24         Section 22.  Section 475.6147, Florida Statutes, is

25  created to read:

26         475.6147  Fees.--

27         (1)  The board by rule may establish fees to be paid

28  for application, licensing and renewal, certification and

29  recertification, reinstatement, and recordmaking and

30  recordkeeping. The fee for initial application may not exceed

31  $150, and the combined cost of the application and examination


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  1  may not exceed $300. The initial license fee and the license

  2  renewal fee may not exceed $150 for each year of the duration

  3  of the license. The board may also establish by rule a late

  4  renewal penalty. The board shall establish fees that are

  5  adequate to ensure its continued operation. Fees shall be

  6  based on estimates made by the department of the revenue

  7  required to implement this part and other provisions of law

  8  relating to the regulation of real estate appraisers.

  9         (2)  Application and license fees shall be refunded

10  upon a determination by the board that the state is not

11  entitled to the fees or that only a portion of the resources

12  have been expended in the processing of the application or

13  shall be refunded if for any other reason the application is

14  not completely processed. The board shall implement this

15  subsection by rule.

16         Section 23.  Section 475.615, Florida Statutes, is

17  amended to read:

18         475.615  Qualifications for registration, licensure, or

19  certification.--

20         (1)  Any person desiring to act as a registered

21  assistant appraiser or as a, licensed, or certified appraiser

22  must make application in writing to the department in such

23  form and detail as the board shall prescribe.  Each applicant

24  must be at least 18 years of age and hold a high school

25  diploma or its equivalent.  At the time of application, a

26  person must furnish evidence of successful completion of

27  required education and evidence of required experience, if

28  any.

29         (2)  The board is authorized to waive or modify any

30  education, experience, or examination requirements established

31  in this section in order to conform with any such requirements


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  1  established by the Appraisal Qualifications Board of the

  2  Appraisal Foundation and recognized by the Appraisal

  3  Subcommittee or any successor body recognized by federal law.

  4         (3)  Appropriate fees, as set forth in the rules of the

  5  board pursuant to s. 475.6147, and fingerprints for processing

  6  through appropriate law enforcement agencies must accompany

  7  all applications for registration, licensure, and

  8  certification.

  9         (4)  In the event that the applicant is currently a

10  registered assistant appraiser or a licensed or certified

11  appraiser and is making application to obtain a different

12  status of appraisal licensure, should such application be

13  received by the department within 180 days prior to through

14  180 days after the applicant's scheduled renewal, the charge

15  for the application shall be established by the rules of the

16  board pursuant to s. 475.6147.

17         (5)(4)  At the time of filing a notarized application

18  for registration, licensure, or certification, the applicant

19  must sign a pledge to comply with the Uniform Standards of

20  Professional Appraisal Practice upon registration, licensure,

21  or certification, and must indicate in writing that she or he

22  understands the types of misconduct for which disciplinary

23  proceedings may be initiated. The application shall expire 1

24  year from the date received, if the applicant for

25  registration, licensure, or certification fails to take the

26  appropriate examination.

27         (6)(5)  All applicants must be competent and qualified

28  to make real estate appraisals with safety to those with whom

29  they may undertake a relationship of trust and confidence and

30  the general public.  If any applicant has been denied

31  registration, licensure, or certification, or has been


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  1  disbarred, or the applicant's registration, license, or

  2  certificate to practice or conduct any regulated profession,

  3  business, or vocation has been revoked or suspended by this or

  4  any other state, any nation, or any possession or district of

  5  the United States, or any court or lawful agency thereof,

  6  because of any conduct or practices which would have warranted

  7  a like result under this part section, or if the applicant has

  8  been guilty of conduct or practices in this state or elsewhere

  9  which would have been grounds for disciplining her or his

10  registration, license, or certification under this part

11  section had the applicant then been a registered assistant

12  appraiser or a, licensed, or certified appraiser, the

13  applicant shall be deemed not to be qualified unless, because

14  of lapse of time and subsequent good conduct and reputation,

15  or other reason deemed sufficient, it appears to the board

16  that the interest of the public is not likely to be endangered

17  by the granting of registration, licensure, or certification.

18         (7)(6)  No applicant seeking to become registered,

19  licensed, or certified under this part section may be rejected

20  solely by virtue of membership or lack of membership in any

21  particular appraisal organization.

22         Section 24.  Subsections (3) and (4) of section

23  475.616, Florida Statutes, are amended to read:

24         475.616  Examination requirements.--To be licensed or

25  certified as an appraiser, the applicant must demonstrate, by

26  passing a written examination, that she or he possesses:

27         (3)  An understanding of the standards for the

28  development and communication of real estate appraisals as

29  provided in this part section.

30         (4)  An understanding of the types of misconduct for

31  which disciplinary proceedings may be initiated against a


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  1  licensed or certified appraiser, as set forth in this part

  2  section.

  3         Section 25.  Section 475.617, Florida Statutes, is

  4  amended to read:

  5         475.617  Education and experience requirements.--

  6         (1)  To be registered as an assistant appraiser, an

  7  applicant must present evidence satisfactory to the board that

  8  she or he has successfully completed at least up to 75 hours

  9  of approved academic courses in subjects related to real

10  estate appraisal, which shall include coverage of the Uniform

11  Standards of Professional Appraisal Practice from a nationally

12  recognized or state-recognized appraisal organization, area

13  technical center, accredited community college, college, or

14  university, state or federal agency or commission, or

15  proprietary real estate school that holds a permit pursuant to

16  s. 475.451.  The board may increase the required number of

17  hours to no more than 100 hours.  A classroom hour is defined

18  as 50 minutes out of each 60-minute segment.  Past courses may

19  be approved on an hour-for-hour basis.

20         (2)  To be licensed as an appraiser, an applicant must

21  present evidence satisfactory to the board that she or he:

22         (a)  Has 2 years of experience in real property

23  appraisal as defined by rule.

24         (b)  Has successfully completed at least 90 75

25  classroom hours, inclusive of examination, of approved

26  academic courses in subjects related to real estate appraisal,

27  which shall include coverage of the Uniform Standards of

28  Professional Appraisal Practice from a nationally recognized

29  or state-recognized appraisal organization, area technical

30  center, accredited community college, college, or university,

31  state or federal agency or commission, or proprietary real


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  1  estate school that holds a permit pursuant to s. 475.451.  The

  2  board may increase the required number of hours to no more

  3  than 120 hours.  A classroom hour is defined as 50 minutes out

  4  of each 60-minute segment.  Past courses may be approved by

  5  the board and substituted on an hour-for-hour basis.

  6         (3)  To be certified as a residential appraiser, an

  7  applicant must present satisfactory evidence to the board that

  8  she or he:

  9         (a)  Has 2,500 hours 2 years of experience obtained

10  over a 24-month period in real property appraisal as defined

11  by rule.

12         (b)  Has successfully completed at least 120 up to 165

13  classroom hours, inclusive of examination, of approved

14  academic courses in subjects related to real estate appraisal,

15  which shall include coverage of the Uniform Standards of

16  Professional Appraisal Practice from a nationally recognized

17  or state-recognized appraisal organization, area technical

18  center, accredited community college, college, or university,

19  state or federal agency or commission, or proprietary real

20  estate school that holds a permit pursuant to s. 475.451.  The

21  board may increase the required number of hours to no more

22  than 165 hours.  A classroom hour is defined as 50 minutes out

23  of each 60-minute segment.  Past courses may be approved by

24  the board and substituted on an hour-for-hour basis.

25         (4)  To be certified as a general appraiser, an

26  applicant must present evidence satisfactory to the board that

27  she or he:

28         (a)  Has 3,000 hours 2 years of experience obtained

29  over a 30-month period in real property appraisal as defined

30  by rule.

31


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  1         (b)  Has successfully completed at least 180 165

  2  classroom hours, inclusive of examination, of approved

  3  academic courses in subjects related to real estate appraisal,

  4  which shall include coverage of the Uniform Standards of

  5  Professional Appraisal Practice from a nationally recognized

  6  or state-recognized appraisal organization, area technical

  7  center, accredited community college, college, or university,

  8  state or federal agency or commission, or proprietary real

  9  estate school that holds a permit pursuant to s. 475.451.  The

10  board may increase the required number of hours to no more

11  than 225 hours. A classroom hour is defined as 50 minutes out

12  of each 60-minute segment.  Past courses may be approved by

13  the board and substituted on an hour-for-hour basis.

14         (5)  Each applicant must furnish, under oath, a

15  detailed statement of the experience for each year of

16  experience she or he claims.  Upon request, the applicant

17  shall furnish to the board, for its examination, copies of

18  appraisal reports or file memoranda to support the claim for

19  experience.

20         Section 26.  Subsection (4) of section 475.618, Florida

21  Statutes, is amended to read:

22         475.618  Renewal of registration, license,

23  certification, or instructor permit; continuing education.--

24         (4)  At least 60 days prior to the end of the

25  registration, license, certification, or instructor permit

26  period, the department shall cause to be mailed a notice of

27  renewal and possible reversion to the last known address of

28  the registered assistant registrant, licensee,

29  certificateholder, or permitholder.

30         Section 27.  Subsection (2) of section 475.619, Florida

31  Statutes, is amended to read:


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  1         475.619  Inactive status.--

  2         (2)  Any registration, license, or certification which

  3  has been inactive for more than 4 years shall automatically

  4  expire. Once a registration, license, or certification

  5  expires, it becomes null and void without any further action

  6  by the board or department.  Two years prior to the expiration

  7  of the registration, license, or certification, the department

  8  shall give notice by mail to the registered assistant

  9  registrant, licensee, or certificateholder at her or his last

10  known address.  The board shall prescribe by rule a fee not to

11  exceed $100 for the late renewal of an inactive registration,

12  license, or certification.  The department shall collect the

13  current renewal fee for each renewal period in which the

14  registration, license, or certification was inactive, in

15  addition to any applicable late renewal fee.

16         Section 28.  Section 475.620, Florida Statutes, is

17  amended to read:

18         475.620  Corporations and partnerships ineligible for

19  licensure or certification.--

20         (1)  A license or certification may not be issued under

21  this part section to a corporation, partnership, firm, or

22  group. However, an appraiser licensed or certified under this

23  part section may provide an appraisal report for or on behalf

24  of a corporation, partnership, firm, or group, if the report

25  is prepared by, or under the personal direction of, such

26  appraiser and is reviewed and signed by her or him.

27         (2)  The term "state-registered assistant appraiser,"

28  "state-licensed appraiser," or "state-certified appraiser" may

29  only be used to refer to an individual who is registered,

30  licensed, or certified under this part section and may not be

31  used following or immediately in connection with the name or


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  1  signature of a corporation, partnership, firm, or group, or in

  2  such manner that it could be interpreted as implying

  3  registration, licensure, or certification under this part

  4  section of a corporation, partnership, firm, or group, or

  5  anyone other than an individual appraiser. Corporations,

  6  partnerships, firms, or groups which employ certified or,

  7  licensed appraisers, or registered assistant appraisers who

  8  provide appraisal reports, as defined by this part section,

  9  may represent to the public and advertise that they offer

10  appraisals performed by registered, licensed, or certified

11  appraisers.

12         Section 29.  Section 475.622, Florida Statutes, is

13  amended to read:

14         475.622  Display and disclosure of licensure, or

15  certification, or registration.--

16         (1)  Each appraiser registered, licensed, or certified

17  under this part section shall place her or his registration,

18  license, or certification number adjacent to or immediately

19  beneath the designation "state-registered assistant real

20  estate appraiser," "state-licensed real estate appraiser,"

21  "state-certified residential real estate appraiser," or

22  "state-certified general real estate appraiser," or their

23  appropriate abbreviations as defined by rule, as applicable,

24  when such term is used in an appraisal report or in a contract

25  or other instrument used by the appraiser in conducting real

26  property appraisal activities.  The applicable designation

27  shall be included in any newspaper, telephone directory, or

28  other advertising medium, as defined by rule, used by the

29  appraiser.

30         (2)  A registered assistant appraiser or, licensed, or

31  certified appraiser may not sign any appraisal report or


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  1  communicate same without disclosing in writing that she or he

  2  is a state-registered assistant appraiser or, state-licensed,

  3  state-certified residential, or state-certified general

  4  appraiser, as applicable, even if the appraisal performed is

  5  outside of the scope of the appraiser's registration,

  6  licensure, or certification as an appraiser.

  7         Section 30.  Section 475.623, Florida Statutes, is

  8  amended to read:

  9         475.623  Registration of office location.--Each

10  appraiser registered, licensed, or certified under this part

11  section shall furnish in writing to the department each

12  business address from which she or he operates in the

13  performance of appraisal services. Each appraiser must notify

14  the department of any change of address within 10 days on a

15  form provided by the department.

16         Section 31.  Section 475.624, Florida Statutes, is

17  amended to read:

18         475.624  Discipline.--The board may deny an application

19  for registration, licensure, or certification; may investigate

20  the actions of any appraiser registered, licensed, or

21  certified under this part section; and may reprimand or impose

22  an administrative, fine not to exceed $5,000 for each count or

23  separate offense against any such appraiser; and may, revoke,

24  or suspend, for a period not to exceed 10 years, the

25  registration, license, or certification of any such appraiser,

26  or place any such appraiser on probation, if it finds that the

27  registered assistant registrant, licensee, or

28  certificateholder:

29         (1)  Has violated any provisions of this part or of s.

30  455.227(1); however, licensees under this part are exempt from

31  the provisions of s. 455.227(1)(i).


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  1         (2)  Has been guilty of fraud, misrepresentation,

  2  concealment, false promises, false pretenses, dishonest

  3  conduct, culpable negligence, or breach of trust in any

  4  business transaction in this state or any other state, nation,

  5  or territory; has violated a duty imposed upon her or him by

  6  law or by the terms of a contract, whether written, oral,

  7  express, or implied, in an appraisal assignment; has aided,

  8  assisted, or conspired with any other person engaged in any

  9  such misconduct and in furtherance thereof; or has formed an

10  intent, design, or scheme to engage in such misconduct and

11  committed an overt act in furtherance of such intent, design,

12  or scheme.  It is immaterial to the guilt of the registered

13  assistant registrant, licensee, or certificateholder that the

14  victim or intended victim of the misconduct has sustained no

15  damage or loss; that the damage or loss has been settled and

16  paid after discovery of the misconduct; or that such victim or

17  intended victim was a customer or a person in confidential

18  relation with the registered assistant registrant, licensee,

19  or certificateholder, or was an identified member of the

20  general public.

21         (3)  Has advertised services in a manner which is

22  fraudulent, false, deceptive, or misleading in form or

23  content.

24         (4)  Has violated any of the provisions of this section

25  or any lawful order or rule issued under the provisions of

26  this section or chapter 455.

27         (5)  Has been convicted or found guilty of, or entered

28  a plea of nolo contendere to, regardless of adjudication, a

29  crime in any jurisdiction which directly relates to the

30  activities of a registered assistant appraiser or, licensed,

31  or certified appraiser, or which involves moral turpitude or


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  1  fraudulent or dishonest conduct. The record of a conviction

  2  certified or authenticated in such form as admissible in

  3  evidence under the laws of the state shall be admissible as

  4  prima facie evidence of such guilt.

  5         (6)  Has had a registration, license, or certification

  6  as an appraiser revoked, suspended, or otherwise acted

  7  against, or has been disbarred, or has had her or his

  8  registration, license, or certificate to practice or conduct

  9  any regulated profession, business, or vocation revoked or

10  suspended by this or any other state, any nation, or any

11  possession or district of the United States, or has had an

12  application for such registration, licensure, or certification

13  to practice or conduct any regulated profession, business, or

14  vocation denied by this or any other state, any nation, or any

15  possession or district of the United States.

16         (7)  Has become temporarily incapacitated from acting

17  as an appraiser with safety to those in a fiduciary

18  relationship with her or him because of drunkenness, use of

19  drugs, or temporary mental derangement; however, suspension of

20  a license, or certification, or registration in such cases

21  shall only be for the period of such incapacity.

22         (8)  Is confined in any county jail, postadjudication;

23  is confined in any state or federal prison or mental

24  institution; or, through mental disease or deterioration, can

25  no longer safely be entrusted to deal with the public or in a

26  confidential capacity.

27         (9)  Has failed to inform the board in writing within

28  30 days after pleading guilty or nolo contendere to, or being

29  convicted or found guilty of, any felony.

30         (10)  Has been found guilty, for a second time, of any

31  misconduct that warrants disciplinary action, or has been


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  1  found guilty of a course of conduct or practice which shows

  2  that she or he is incompetent, negligent, dishonest, or

  3  untruthful to an extent that those with whom she or he may

  4  sustain a confidential relationship may not safely do so.

  5         (11)  Has made or filed a report or record, either

  6  written or oral, which the registered assistant, licensee, or

  7  certificateholder knows to be false; has willfully failed to

  8  file a report or record required by state or federal law; has

  9  willfully impeded or obstructed such filing, or has induced

10  another person to impede or obstruct such filing.  However,

11  such reports or records shall include only those which are

12  signed or presented in the capacity of a registered assistant

13  appraiser or licensed or certified appraiser.

14         (12)  Has obtained or attempted to obtain a

15  registration, license, or certification by means of knowingly

16  making a false statement, submitting false information,

17  refusing to provide complete information in response to an

18  application question, or engaging in fraud, misrepresentation,

19  or concealment.

20         (13)  Has paid money or other valuable consideration,

21  except as required by this section, to any member or employee

22  of the board to obtain a registration, license, or

23  certification under this section.

24         (14)  Has violated any standard for the development or

25  communication of a real estate appraisal or other provision of

26  the Uniform Standards of Professional Appraisal Practice.

27         (15)  Has failed or refused to exercise reasonable

28  diligence in developing an appraisal or preparing an appraisal

29  report.

30         (16)  Has failed to communicate an appraisal without

31  good cause.


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  1         (17)  Has accepted an appraisal assignment if the

  2  employment itself is contingent upon the appraiser reporting a

  3  predetermined result, analysis, or opinion, or if the fee to

  4  be paid for the performance of the appraisal assignment is

  5  contingent upon the opinion, conclusion, or valuation reached

  6  upon the consequences resulting from the appraisal assignment.

  7         (18)  Has failed to timely notify the department of any

  8  change in business location, or has failed to fully disclose

  9  all business locations from which she or he operates as a

10  registered assistant real estate appraiser or, licensed, or

11  certified real estate appraiser.

12         Section 32.  Paragraph (a) of subsection (1) of section

13  475.626, Florida Statutes, is amended to read:

14         475.626  Violations and penalties.--

15         (1)  VIOLATIONS.--

16         (a)  No person shall operate or attempt to operate as a

17  registered assistant appraiser or, licensed, or certified

18  appraiser without being the holder of a valid and current

19  registration, license, or certification.

20         Section 33.  Subsections (1) and (2) of section

21  475.627, Florida Statutes, are amended to read:

22         475.627  Appraisal course instructors.--

23         (1)  Where the course or courses to be taught are

24  prescribed by the board or approved precedent to registration,

25  licensure, certification, or renewal as a registered assistant

26  appraiser, licensed appraiser, or certified residential

27  appraiser, before commencing to instruct noncredit college

28  courses in a college, university, or community college, or

29  courses in an area technical center or proprietary real estate

30  school, a person must certify her or his competency by meeting

31  one of the following requirements:


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  1         (a)  Hold a valid certification as a residential real

  2  estate appraiser in this or any other state.

  3         (b)  Pass an appraiser instructor's examination which

  4  shall test knowledge of residential appraisal topics.

  5         (2)  Where the course or courses to be taught are

  6  prescribed by the board or approved precedent to registration,

  7  licensure, certification, or renewal as a registered assistant

  8  appraiser, licensed appraiser, or certified appraiser, before

  9  commencing to instruct noncredit college courses in a college,

10  university, or community college, or courses in an area

11  technical center or proprietary real estate school, a person

12  must certify her or his competency by meeting one of the

13  following requirements:

14         (a)  Hold a valid certification as a general real

15  estate appraiser in this or any other state.

16         (b)  Pass an appraiser instructor's examination which

17  shall test knowledge of residential and nonresidential

18  appraisal topics.

19         Section 34.  Section 475.628, Florida Statutes, is

20  amended to read:

21         475.628  Professional standards for licensed and

22  certified appraisers registered, licensed, or certified under

23  this part.--Each appraiser registered, licensed, or certified

24  under this part section shall comply with the Uniform

25  Standards of Professional Appraisal Practice.  Statements on

26  appraisal standards which may be issued for the purpose of

27  clarification, interpretation, explanation, or elaboration

28  through the Appraisal Foundation shall also be binding on any

29  appraiser registered, licensed, or certified under this part

30  section.

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  1         Section 35.  Section 475.629, Florida Statutes, is

  2  amended to read:

  3         475.629  Retention of records.--An appraiser

  4  registered, licensed, or certified under this part section

  5  shall retain, for at least 5 years, original or true copies of

  6  any contracts engaging the appraiser's services, appraisal

  7  reports, and supporting data assembled and formulated by the

  8  appraiser in preparing appraisal reports.  The period for

  9  retention of the records applicable to each engagement of the

10  services of the appraiser runs from the date of the submission

11  of the appraisal report to the client. These records must be

12  made available by the appraiser for inspection and copying by

13  the department on reasonable notice to the appraiser.  If an

14  appraisal has been the subject of or has served as evidence

15  for litigation, reports and records must be retained for at

16  least 2 years after the trial.

17         Section 36.  Section 475.6295, Florida Statutes, is

18  created to read:

19         475.6295  Authority to inspect.--Duly authorized agents

20  and employees of the department shall have the power to

21  inspect in a lawful manner at all reasonable hours any

22  appraiser or appraisal office licensed under this chapter, for

23  the purpose of determining if any of the provisions of this

24  chapter, chapter 455, or any rule adopted under authority of

25  either chapter is being violated.

26         Section 37.  Paragraph (c) of subsection (2) of section

27  475.630, Florida Statutes, is amended to read:

28         475.630  Temporary practice.--

29         (2)  In order to register with the board, the appraiser

30  must:

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  1         (c)  Agree in writing to cooperate with any

  2  investigation initiated under this part section by promptly

  3  supplying such documents that any authorized representative of

  4  the department may request. If the department sends a notice

  5  by certified mail to the last known address of a nonresident

  6  appraiser to produce documents or to appear in conjunction

  7  with an investigation and the nonresident appraiser fails to

  8  comply with that request, the board may impose on that

  9  nonresident appraiser any disciplinary action or penalty

10  authorized under this part section.

11         Section 38.  Section 553.991, Florida Statutes, is

12  amended to read:

13         553.991  Purpose.--The purpose of this part is to

14  provide for a statewide uniform system for rating the energy

15  efficiency of buildings and to ensure that those ratings are

16  disclosed to prospective purchasers at their request.  It is

17  in the interest of the state to encourage the consideration of

18  the energy-efficiency rating system in the market so as to

19  provide market rewards for energy-efficient buildings and to

20  those persons or companies designing, building, or selling

21  energy-efficient buildings.

22         Section 39.  Section 553.994, Florida Statutes, is

23  amended to read:

24         553.994  Applicability.--The rating system shall apply

25  to all public, commercial, and existing residential buildings

26  in the state. and may be applied to new residential buildings,

27  except as identified by the department by rule in accordance

28  with the procedures of chapter 120, according to the following

29  schedule:

30         (1)  For new residential buildings, by January 1, 1994.

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  1         (2)  For existing residential buildings, by January 1,

  2  1995.

  3         (3)  For new public buildings, by January 1, 1994.

  4         (4)  For existing public buildings, by July 1, 1994.

  5         (5)  For new commercial buildings, by January 1, 1995.

  6         (6)  For existing commercial buildings, by January 1,

  7  1996.

  8         Section 40.  Section 553.996, Florida Statutes, is

  9  amended to read:

10         553.996  Energy-efficiency rating disclosure;

11  information brochure.--

12         (1)(a)  In accordance with the schedules in s. 553.994,

13  the prospective purchaser of real property with a building for

14  occupancy located thereon shall be provided written

15  notification that the purchaser may have the building's

16  energy-efficiency rating determined.  Such notice shall be

17  provided at the time of, or prior to, the purchaser's

18  execution of the contract for sale and purchase.

19         (b)  The energy-efficiency rating of a residential or

20  commercial building shall be provided upon request of the

21  prospective purchaser, in writing, at the time of, or prior

22  to, the purchaser's execution of the contract for sale and

23  purchase.

24         (2)  A prospective purchaser of real property with a

25  building for occupancy located thereon Concurrent with the

26  provisions of subsection (1), the prospective purchaser shall

27  be provided with a copy of an information brochure, at the

28  time of or prior to the purchaser's execution of the contract

29  for sale and purchase, notifying the purchaser of the option

30  for an energy-efficiency rating on the building. Such brochure

31  shall be prepared, made available for distribution, and


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  1  provided at no cost by the department.  Such brochure shall

  2  contain information relevant to that class of building,

  3  including, but not limited to:

  4         (1)(a)  How to analyze the building's energy-efficiency

  5  rating.

  6         (2)(b)  Comparisons to statewide averages for new and

  7  existing construction of that class.

  8         (3)(c)  Information concerning methods to improve the

  9  building's energy-efficiency rating.

10         (4)(d)  A notice to residential purchasers that the

11  energy-efficiency rating may qualify the purchaser for an

12  energy-efficient mortgage from lending institutions.

13         Section 41.  Subsection (17) is added to section

14  489.103, Florida Statutes, to read:

15         489.103  Exemptions.--This part does not apply to:

16         (17)  Contracting for repair, maintenance, remodeling,

17  or improvement by any person licensed under part I of chapter

18  475 while acting as the owner's agent pursuant to that

19  license, where all work requiring a contractor is performed by

20  a contractor who has a current, valid certificate or

21  registration issued under this part to perform such work, and

22  where the aggregate contract for labor, materials, and all

23  other items is less than $5,000; however, this exemption does

24  not apply:

25          (a)  If the repair, maintenance, remodeling, or

26  improvement is a part of a larger or major operation, whether

27  undertaken by the same or a different contractor, or in which

28  a division of the operation is made in contracts of amounts

29  less than $5,000 for the purpose of evading this part or

30  otherwise.

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  1          (b)  To a person who advertises that he or she is

  2  qualified to engage in contracting.

  3         Section 42.  Subsection (17) is added to section

  4  489.503, Florida Statutes, to read:

  5         489.503  Exemptions.--This part does not apply to:

  6         (17)  Contracting for repair, maintenance, remodeling,

  7  or improvement by any person licensed under part I of chapter

  8  475 while acting as the owner's agent pursuant to that

  9  license, where all work requiring a contractor is performed by

10  a contractor who has a current, valid certificate or

11  registration issued under this part to perform such work, and

12  where the aggregate contract for labor, materials, and all

13  other items is less than $5,000; however, this exemption does

14  not apply:

15          (a)  If the repair, maintenance, remodeling, or

16  improvement is a part of a larger or major operation, whether

17  undertaken by the same or a different contractor, or in which

18  a division of the operation is made in contracts of amounts

19  less than $5,000 for the purpose of evading this part or

20  otherwise. 

21         (b)  To a person who advertises that he or she is

22  qualified to engage in contracting.

23         Section 43.  Section 475.2755, Florida Statutes, is

24  created to read:

25         475.2755  Designated salesperson.--

26         (1)  For purposes of this part, in any real estate

27  transaction other than a residential sale as defined in s.

28  475.276, if the buyer and seller have assets of $1 million or

29  more, the broker, at the request of the customers, may

30  designate salespersons to act as single agents for different

31  customers in the same transaction. Such designated


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  1  salespersons have the duties of a single agent as outlined in

  2  s. 475.278(3), including disclosure requirements as provided

  3  in s. 475.278(3)(b) and (c). In addition to meeting those

  4  disclosure requirements, the buyer and seller as customers

  5  must both sign disclosure forms stating that their assets meet

  6  the test as described in this paragraph and requesting that

  7  the broker use the designated-salesperson form of

  8  representation.

  9         (2)  In lieu of the transition disclosure requirement

10  set forth in s. 475.278(3)(c)2., the required disclosure

11  notice must include the following provisions:

12         (a)  The designated salesperson may not disclose,

13  except to the broker or persons specified by the broker,

14  information made confidential by request or at the instruction

15  of the customer whom the designated salesperson is

16  representing.

17         (b)  The designated salesperson may disclose

18  information that is allowed to be disclosed or required to be

19  disclosed by this part.

20         (c)  A designated salesperson may disclose to his or

21  her broker, or to persons specified by the broker,

22  confidential information of a customer for the purpose of

23  seeking advice or assistance for the benefit of the customer

24  with regard to a transaction. The broker must keep this

25  information confidential and must not use the information to

26  the detriment of the other party.

27         (3)  As used in this section, the term "buyer" or the

28  term "seller" means, respectively, a transferee or a lessee in

29  a real property transaction, or the transferor or lessor in a

30  real property transaction.

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  1         Section 44.  Section 475.274, Florida Statutes, is

  2  amended to read:

  3         475.274  Scope of coverage.--The authorized brokerage

  4  relationships described in ss. 475.2755 and s. 475.278 apply

  5  in all brokerage activities as defined in s. 475.01(1)(a). The

  6  disclosure requirements of ss. 475.276 and 475.278 apply only

  7  to residential sales as defined in s. 475.276.

  8         Section 45.  Section 475.2801, Florida Statutes, is

  9  amended to read:

10         475.2801  Rules.--The commission may adopt rules

11  establishing disciplinary guidelines, notices of

12  noncompliance, and citations for violations of ss. 475.2755,

13  475.276, and 475.278.

14         Section 46.  Section 475.5015, Florida Statutes, is

15  amended to read:

16         475.5015  Brokerage business records.--Each broker

17  shall keep and make available to the department such books,

18  accounts, and records as will enable the department to

19  determine whether such broker is in compliance with the

20  provisions of this chapter.  Each broker shall preserve at

21  least one legible copy of all books, accounts, and records

22  pertaining to her or his real estate brokerage business for at

23  least 5 years from the date of receipt of any money, fund,

24  deposit, check, or draft entrusted to the broker or, in the

25  event no funds are entrusted to the broker, for at least 5

26  years from the date of execution by any party of any listing

27  agreement, offer to purchase, rental property management

28  agreement, rental or lease agreement, or any other written or

29  verbal agreement which engages the services of the broker.  If

30  any brokerage record has been the subject of or has served as

31  evidence for litigation, relevant books, accounts, and records


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  1  must be retained for at least 2 years after the conclusion of

  2  the civil action or the conclusion of any appellate

  3  proceeding, whichever is later, but in no case less than a

  4  total of 5 years as set above. Disclosure documents required

  5  under ss. 475.2755, 475.276, and 475.278 shall be retained by

  6  the real estate licensee in all transactions that result in a

  7  written contract to purchase and sell real property.

  8         Section 47.  Section 475.276, Florida Statutes, is

  9  amended to read:

10         475.276  Notice of nonrepresentation.--

11         (1)  APPLICABILITY.--

12         (a)  Residential sales.--The real estate licensee

13  disclosure requirements of this section and s. 475.278 apply

14  to all residential sales. As used in this section, the term

15  "residential sales" means the sale of improved residential

16  property of four units or fewer, the sale of unimproved

17  residential property intended for use of four units or fewer,

18  or the sale of agricultural property of 10 acres or fewer.

19         (b)  Disclosure limitations.--The real estate licensee

20  disclosure requirements of this section and s. 475.278 do not

21  apply to: nonresidential transactions; the rental or leasing

22  of real property, unless an option to purchase all or a

23  portion of the property improved with four or fewer

24  residential units is given; auctions; appraisals; and

25  dispositions of any interest in business enterprises or

26  business opportunities, except for property with four or fewer

27  residential units.

28         (2)  NOTICE REQUIREMENT.--Unless otherwise exempted by

29  this part, all real estate licensees are required to provide

30  to any potential seller or buyer at first contact the notice

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  1  of nonrepresentation as outlined in subsection (3), except in

  2  situations where:

  3         (a)  A licensee knows that the potential seller or

  4  buyer is represented by a single agent or a transaction

  5  broker; or

  6         (b)  An owner is selling new residential units built by

  7  the owner, and the circumstances or setting of the first

  8  contact should reasonably inform the potential buyer that the

  9  owner's employee or single agent is acting on behalf of the

10  owner, whether by the location of the sales office, by office

11  signage, placards, or identification badges worn by the

12  owner's employee or single agent.

13

14  If first contact between a licensee and a customer occurs

15  during the course of a telephone conversation or any other

16  communication in which the licensee is unable to provide the

17  required notice of nonrepresentation, the licensee shall

18  provide an oral notice and thereafter provide the required

19  notice of nonrepresentation at the time of the first

20  face-to-face contact, execution of a brokerage relationship

21  agreement, or execution of a contractual agreement for

22  purchase and sale, whichever occurs first.

23         (3)  CONTENTS OF NOTICE.--

24         (a)  Required information.--The notice required under

25  subsection (2) must contain the following information:

26

27                   NOTICE OF NONREPRESENTATION

28

29  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

30  NOTICE AT FIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF

31  REAL ESTATE.


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  1

  2  You are hereby notified that ................ (insert name of

  3  brokerage firm) and I do not represent you in any capacity.

  4  You should not assume that any real estate broker or

  5  salesperson represents you unless you agree to engage a real

  6  estate licensee in an authorized brokerage relationship,

  7  either as a single agent or as a transaction broker. You are

  8  advised not to disclose any information you want to be held in

  9  confidence until you make a decision on representation. Your

10  signature below acknowledges receipt of this form and does not

11  establish a brokerage relationship.

12

13  ........

14                               ..............................

15  Date                         (Signature Optional)

16

17

18                               ..............................

19                               (Signature Optional)

20         (b)  Required format.--The notice required under

21  subsection (2) must be printed as a separate and distinct form

22  on paper no smaller than 8 1/2  inches by 11 inches. Nothing

23  may be added to the form except a brokerage firm logo

24  containing only the firm name, address, and relevant phone

25  numbers. The form title and first sentence are to be in bold

26  typeface of no less than 16-point type. The remainder of the

27  form must be of 12-point type or larger.

28         Section 48.  This act shall take effect July 1 of the

29  year in which enacted.

30

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