HB 303

1
A bill to be entitled
2An act relating to regulation of real estate appraisers
3and appraisal management companies; amending s. 475.611,
4F.S.; providing definitions; amending s. 475.614, F.S.;
5requiring the Florida Real Estate Appraisal Board to adopt
6certain rules; amending s. 475.6147, F.S.; requiring
7application, registration, and renewal fees for appraisal
8management companies; creating s. 475.6235, F.S.;
9requiring appraisal management companies to register with
10the Department of Business and Professional Regulation;
11providing exemptions; specifying application requirements
12and procedures; requiring the fingerprinting and criminal
13history records checks of, and providing qualifications
14for, certain persons who control appraisal management
15companies; requiring nonresident appraisal management
16companies to consent to commencement of actions in this
17state; requiring the department to adopt rules relating to
18the renewal of registrations; amending s. 475.624, F.S.;
19establishing additional acts for which appraisers are
20subject to disciplinary action; providing for the
21discipline of appraisal management companies by the board;
22amending s. 475.626, F.S.; providing penalties; conforming
23provisions to changes made by the act; amending s.
24475.629, F.S.; revising requirements for the retention of
25appraisal records; requiring appraisal management
26companies to follow such requirements; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (1) of section 475.611, Florida
32Statutes, is amended to read:
33     475.611  Definitions.--
34     (1)  As used in this part, the term:
35     (a)  "Appraisal" or "appraisal services" means the services
36provided by certified or licensed appraisers or registered
37trainee appraisers, and includes:
38     1.  "Appraisal assignment" denotes an engagement for which
39a person is employed or retained to act, or could be perceived
40by third parties or the public as acting, as an agent or a
41disinterested third party in rendering an unbiased analysis,
42opinion, review, or conclusion relating to the nature, quality,
43value, or utility of specified interests in, or aspects of,
44identified real property.
45     2.  "Analysis assignment" denotes appraisal services that
46relate to the employer's or client's individual needs or
47investment objectives and includes specialized marketing,
48financing, and feasibility studies as well as analyses,
49opinions, and conclusions given in connection with activities
50such as real estate brokerage, mortgage banking, real estate
51counseling, or real estate consulting.
52     3.  "Appraisal review assignment" denotes an engagement for
53which an appraiser is employed or retained to develop and
54communicate an opinion about the quality of another appraiser's
55appraisal, appraisal report, or work. An appraisal review may or
56may not contain the reviewing appraiser's opinion of value.
57     (b)  "Appraisal Foundation" or "foundation" means the
58Appraisal Foundation established on November 20, 1987, as a not-
59for-profit corporation under the laws of Illinois.
60     (c)  "Appraisal management company" means a person who
61performs appraisal management services.
62     (d)  "Appraisal management services" means the coordination
63or management of appraisal services for compensation by:
64     1.  Employing, contracting with, or otherwise retaining one
65or more appraisers to perform appraisal services for a client;
66or
67     2.  Acting as a broker or intermediary between a client and
68one or more appraisers to facilitate the client's employing,
69contracting with, or otherwise retaining the appraisers.
70     (e)(c)  "Appraisal report" means any communication, written
71or oral, of an appraisal, appraisal review, appraisal consulting
72service, analysis, opinion, or conclusion relating to the
73nature, quality, value, or utility of a specified interest in,
74or aspect of, identified real property, and includes any report
75communicating an appraisal analysis, opinion, or conclusion of
76value, regardless of title. However, in order to be recognized
77in a federally related transaction, an appraisal report must be
78written.
79     (f)(d)  "Appraisal review" means the act or process of
80developing and communicating an opinion about the quality of
81another appraiser's appraisal, appraisal report, or work.
82     (g)(e)  "Appraisal subcommittee" means the designees of the
83heads of the federal financial institutions regulatory agencies
84established by the Federal Financial Institutions Examination
85Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended.
86     (h)(f)  "Appraiser" means any person who is a registered
87trainee real estate appraiser, a licensed real estate appraiser,
88or a certified real estate appraiser. An appraiser renders a
89professional service and is a professional within the meaning of
90s. 95.11(4)(a).
91     (i)  "Appraiser panel" means a group of appraisers selected
92by an appraisal management company to perform appraisal services
93for clients on behalf of the company.
94     (j)(g)  "Board" means the Florida Real Estate Appraisal
95Board established under this section.
96     (k)(h)  "Certified general appraiser" means a person who is
97certified by the department as qualified to issue appraisal
98reports for any type of real property.
99     (l)(i)  "Certified residential appraiser" means a person
100who is certified by the department as qualified to issue
101appraisal reports for residential real property of one to four
102residential units, without regard to transaction value or
103complexity, or real property as may be authorized by federal
104regulation.
105     (m)  "Client" means a person who contracts with an
106appraiser or appraisal management company for the performance of
107appraisal services.
108     (n)(j)  "Department" means the Department of Business and
109Professional Regulation.
110     (o)(k)  "Direct supervision" means the degree of
111supervision required of a supervisory appraiser overseeing the
112work of a registered trainee appraiser by which the supervisory
113appraiser has control over and detailed professional knowledge
114of the work being done. Direct supervision is achieved when a
115registered trainee appraiser has regular direction, guidance,
116and support from a supervisory appraiser who has the
117competencies as determined by rule of the board.
118     (p)(l)  "Federally related transaction" means any real
119estate-related financial transaction which a federal financial
120institutions regulatory agency or the Resolution Trust
121Corporation engages in, contracts for, or regulates, and which
122requires the services of a state-licensed or state-certified
123appraiser.
124     (q)(m)  "Licensed appraiser" means a person who is licensed
125by the department as qualified to issue appraisal reports for
126residential real property of one to four residential units or on
127such real estate or real property as may be authorized by
128federal regulation. After July 1, 2003, the department shall not
129issue licenses for the category of licensed appraiser.
130     (r)(n)  "Registered trainee appraiser" means a person who
131is registered with the department as qualified to perform
132appraisal services only under the direct supervision of a
133licensed or certified appraiser. A registered trainee appraiser
134may accept appraisal assignments only from her or his primary or
135secondary supervisory appraiser.
136     (s)  "Signature" means personalized evidence indicating
137authentication of work performed by an appraiser and the
138acceptance of responsibility for the content of an appraisal,
139appraisal review, or appraisal consulting service or conclusions
140in an appraisal report.
141     (t)(o)  "Supervisory appraiser" means a licensed appraiser,
142a certified residential appraiser, or a certified general
143appraiser responsible for the direct supervision of one or more
144registered trainee appraisers and fully responsible for
145appraisals and appraisal reports prepared by those registered
146trainee appraisers. The board, by rule, shall determine the
147responsibilities of a supervisory appraiser, the geographic
148proximity required, the minimum qualifications and standards
149required of a licensed or certified appraiser before she or he
150may act in the capacity of a supervisory appraiser, and the
151maximum number of registered trainee appraisers to be supervised
152by an individual supervisory appraiser.
153     (u)(p)  "Training" means the process of providing for and
154making available to a registered trainee appraiser, under direct
155supervision, a planned, prepared, and coordinated program, or
156routine of instruction and education, in appraisal professional
157and technical appraisal skills as determined by rule of the
158board.
159     (v)(q)  "Uniform Standards of Professional Appraisal
160Practice" means the most recent standards approved and adopted
161by the Appraisal Standards Board of the Appraisal Foundation.
162     (w)(r)  "Valuation services" means services pertaining to
163aspects of property value and includes such services performed
164by certified appraisers, registered trainee appraisers, and
165others.
166     (x)(s)  "Work file" means the documentation necessary to
167support an appraiser's analysis, opinions, and conclusions.
168     Section 2.  Section 475.614, Florida Statutes, is amended
169to read:
170     475.614  Power of board to adopt rules and decide questions
171of practice; requirements for protection of appraiser's
172signature.--
173     (1)  The board has authority to adopt rules pursuant to ss.
174120.536(1) and 120.54 to implement provisions of law conferring
175duties upon it. The board may decide questions of practice
176arising in the proceedings before it, having regard to this
177section and the rules then in force.
178     (2)  The board shall adopt rules specifying the means by
179which an appraiser's signature may be affixed to an appraisal
180report or other work performed by the appraiser. The rules shall
181include requirements for protecting the security of an
182appraiser's signature and prohibiting practices that may
183discredit the use of an appraiser's signature to authenticate
184the work performed by the appraiser.
185     Section 3.  Subsection (1) of section 475.6147, Florida
186Statutes, is amended to read:
187     475.6147  Fees.--
188     (1)(a)  The board by rule may establish fees to be paid for
189application, licensing and renewal, certification and
190recertification, registration and reregistration, reinstatement,
191and recordmaking and recordkeeping.
192     (b)  The fee for initial application of an appraiser may
193not exceed $150, and the combined cost of the application and
194examination may not exceed $300. The initial certification,
195registration, or license fee and the certification,
196registration, or license renewal fee may not exceed $150 for
197each year of the duration of the certification, registration, or
198license.
199     (c)  The fee for initial application of an appraisal
200management company may not exceed $150. The initial registration
201and registration renewal fee may not exceed $150 for each year
202of the duration of the registration.
203     (d)  The board may also establish by rule a late renewal
204penalty.
205     (e)  The board shall establish fees which are adequate to
206ensure its continued operation. Fees shall be based on estimates
207made by the department of the revenue required to implement this
208part and other provisions of law relating to the regulation of
209real estate appraisers.
210     Section 4.  Section 475.6235, Florida Statutes, is created
211to read:
212     475.6235  Registration of appraisal management companies
213required; exemptions.--
214     (1)(a)  Except as provided in paragraph (b), a person may
215not engage in appraisal management services for compensation in
216this state, advertise or represent herself or himself as an
217appraisal management company, or use the titles "appraisal
218management company," "appraiser cooperative," "appraiser
219portal," or "mortgage technology company," or any abbreviation
220or words to that effect, unless the person is registered with
221the department as an appraisal management company under this
222section. However, an employee of an appraisal management company
223is not required to obtain a separate registration.
224     (b)  An appraisal management company is not required to
225register under this part if:
226     1.  No more than 10 percent of the appraisal management
227company is owned by persons other than certified or licensed
228appraisers; or
229     2.  The appraisal management company is a financial
230institution as defined in s. 655.005, a mortgage lender licensed
231under s. 494.0061, or an insurer as defined in s. 624.03.
232     (2)  An application for registration must be submitted to
233the department in the format prescribed by the department and
234must include, at a minimum, the following:
235     (a)  The firm or business name under which the appraisal
236management company conducts business in this state. The
237appraisal management company must notify the department of any
238change in the firm or business name, on a form provided by the
239department, within 10 days after such change.
240     (b)  The mailing address, street address, and telephone
241number of the appraisal management company's principal business
242location. The appraisal management company must notify the
243department of any change in the mailing or street address, on a
244form provided by the department, within 10 days after such
245change.
246     (c)  The appraisal management company's federal employer
247identification number.
248     (d)  The appraisal management company's type of business
249organization, such as a corporation, partnership, limited
250liability company, or sole proprietorship.
251     (e)  A statement as to whether the appraisal management
252company, if incorporated, is a domestic or foreign corporation,
253the company's date of incorporation, the state in which the
254company was incorporated, its charter number, and, if it is a
255foreign corporation, the date that the company first registered
256with the Department of State to conduct business in this state.
257     (f)  The full name, street address, telephone number,
258corporate title, and social security number or federal employer
259identification number of any person who possesses the authority,
260directly or indirectly, to direct the management or policies of
261the appraisal management company, whether through ownership, by
262contract, or otherwise, including, but not limited to:
263     1.  Each officer and director if the appraisal management
264company is a corporation.
265     2.  Each general partner if the appraisal management
266company is a partnership.
267     3.  Each manager or managing member if the appraisal
268management company is a limited liability company.
269     4.  The owner if the appraisal management company is a sole
270proprietorship.
271     5.  Each other person who, directly or indirectly, owns or
272controls 10 percent or more of an ownership interest in the
273appraisal management company.
274     (g)  The firm or business name under which any person
275listed in paragraph (f) conducted business as an appraisal
276management company within the 5 years preceding the date of the
277application.
278     (h)  The appraisal management company's registered agent
279for service of process in this state.
280     (3)  Appropriate fees, as set forth in the rules of the
281board pursuant to s. 475.6147, and a fingerprint card for each
282person listed in paragraph (2)(f) must accompany all
283applications for registration. The fingerprint card shall be
284forwarded to the Division of Criminal Justice Information
285Systems within the Department of Law Enforcement for purposes of
286processing the fingerprint card to determine whether the person
287has a criminal history record. The fingerprint card shall also
288be forwarded to the Federal Bureau of Investigation for purposes
289of processing the fingerprint card to determine whether the
290person has a criminal history record. The information obtained
291by the processing of the fingerprint card by the Department of
292Law Enforcement and the Federal Bureau of Investigation shall be
293sent to the department for the purpose of determining whether
294the appraisal management company is statutorily qualified for
295registration.
296     (4)  At the time of filing an application for registration
297of an appraisal management company, each person listed in
298paragraph (2)(f) must sign a pledge to comply with the Uniform
299Standards of Professional Appraisal Practice upon registration
300and must indicate in writing that she or he understands the
301types of misconduct for which disciplinary proceedings may be
302initiated. The application shall expire 1 year after the date
303received.
304     (5)  Each person listed in paragraph (2)(f) must be
305competent and qualified to engage in appraisal management
306services with safety to the general public and those with whom
307the person may undertake a relationship of trust and confidence.
308If any person listed in paragraph (2)(f) has been denied
309registration, licensure, or certification as an appraiser or has
310been disbarred, or if the person's registration, license, or
311certificate to practice or conduct any regulated profession,
312business, or vocation has been revoked or suspended by this or
313any other state, any nation, any possession or district of the
314United States, or any court or lawful agency thereof because of
315any conduct or practices that would have warranted a like result
316under this part, or if the person has been guilty of conduct or
317practices in this state or elsewhere that would have been
318grounds for disciplining her or his registration, license, or
319certification under this part had the person then been a
320registered trainee appraiser or a licensed or certified
321appraiser, the person shall be deemed not to be qualified
322unless, because of lapse of time and subsequent good conduct and
323reputation, or other reason deemed sufficient, it appears to the
324board that the interest of the public is not likely to be
325endangered by the granting of registration.
326     (6)  An applicant seeking to become registered under this
327part as an appraisal management company may not be rejected
328solely by virtue of membership or lack of membership of any
329person listed in paragraph (2)(f) or any employee of the company
330in any particular appraisal organization.
331     (7)  An applicant for registration who is not a resident of
332this state shall file an irrevocable consent that suits and
333actions may be commenced against the appraisal management
334company in any county of this state in which a plaintiff having
335a cause of action or suit against the company resides and that
336service of any process or pleading in suits or actions against
337the company may be made by delivering the process or pleading to
338the director of the Division of Real Estate by certified mail,
339return receipt requested, and also to the appraisal management
340company by registered mail addressed to the company's designated
341principal business location. Service, when so made, must be
342taken and held in all courts to be as valid and binding upon the
343appraisal management company as if made upon the company in this
344state within the jurisdiction of the court in which the suit or
345action is filed. The irrevocable consent must be in a form
346prescribed by the department and be acknowledged before a notary
347public.
348     (8)  The department shall renew the registration of an
349appraisal management company upon receipt of the renewal
350application and the proper fee. The department shall adopt rules
351establishing a procedure for renewal of the registration of an
352appraisal management company at least every 4 years.
353     Section 5.  Section 475.624, Florida Statutes, is amended
354to read:
355     475.624  Discipline.--
356     (1)  The board may deny an application for registration or
357certification of an appraiser or registration of an appraisal
358management company; may investigate the actions of any appraiser
359registered, licensed, or certified under this part or any
360appraisal management company registered under this part; may
361reprimand or impose an administrative fine not to exceed $5,000
362for each count or separate offense against any such appraiser or
363appraisal management company; and may revoke or suspend, for a
364period not to exceed 10 years, the registration, license, or
365certification of any such appraiser or the registration of any
366such appraisal management company, or place any such appraiser
367or appraisal management company on probation, if the board it
368finds that the registered trainee, licensee, or
369certificateholder or the appraisal management company or any
370person listed in s. 475.6235(2)(f):
371     (a)(1)  Has violated any provisions of this part or s.
372455.227(1); however, certificateholders, registrants, and
373licensees, and registered appraisal management companies under
374this part are exempt from the provisions of s. 455.227(1)(i).
375     (b)(2)  Has been guilty of fraud, misrepresentation,
376concealment, false promises, false pretenses, dishonest conduct,
377culpable negligence, or breach of trust in any business
378transaction in this state or any other state, nation, or
379territory; has violated a duty imposed upon her or him by law or
380by the terms of a contract, whether written, oral, express, or
381implied, in an appraisal assignment; has aided, assisted, or
382conspired with any other person engaged in any such misconduct
383and in furtherance thereof; or has formed an intent, design, or
384scheme to engage in such misconduct and committed an overt act
385in furtherance of such intent, design, or scheme. It is
386immaterial to the guilt of the registered trainee, licensee, or
387certificateholder, or appraisal management company that the
388victim or intended victim of the misconduct has sustained no
389damage or loss; that the damage or loss has been settled and
390paid after discovery of the misconduct; or that such victim or
391intended victim was a customer or a person in confidential
392relation with the registered trainee, licensee, or
393certificateholder, or appraisal management company or was an
394identified member of the general public.
395     (c)(3)  Has advertised services in a manner which is
396fraudulent, false, deceptive, or misleading in form or content.
397     (d)(4)  Has violated any of the provisions of this part or
398any lawful order or rule issued under the provisions of this
399part or chapter 455.
400     (e)(5)  Has been convicted or found guilty of, or entered a
401plea of nolo contendere to, regardless of adjudication, a crime
402in any jurisdiction which directly relates to the activities of
403a registered trainee appraiser, or licensed or certified
404appraiser, or appraisal management company or which involves
405moral turpitude or fraudulent or dishonest conduct. The record
406of a conviction certified or authenticated in such form as
407admissible in evidence under the laws of the state shall be
408admissible as prima facie evidence of such guilt.
409     (f)(6)  Has had a registration, license, or certification
410as an appraiser or a registration as an appraisal management
411company revoked, suspended, or otherwise acted against, or has
412been disbarred, or has had her or his registration, license, or
413certificate to practice or conduct any regulated profession,
414business, or vocation revoked or suspended by this or any other
415state, any nation, or any possession or district of the United
416States, or has had an application for such registration,
417licensure, or certification to practice or conduct any regulated
418profession, business, or vocation denied by this or any other
419state, any nation, or any possession or district of the United
420States.
421     (g)(7)  Has become temporarily incapacitated from acting as
422an appraiser or appraisal management company with safety to
423those in a fiduciary relationship with her or him because of
424drunkenness, use of drugs, or temporary mental derangement;
425however, suspension of a license, certification, or registration
426in such cases shall only be for the period of such incapacity.
427     (h)(8)  Is confined in any county jail, postadjudication;
428is confined in any state or federal prison or mental
429institution; or, through mental disease or deterioration, can no
430longer safely be entrusted to deal with the public or in a
431confidential capacity.
432     (i)(9)  Has failed to inform the board in writing within 30
433days after pleading guilty or nolo contendere to, or being
434convicted or found guilty of, any felony.
435     (j)(10)  Has been found guilty, for a second time, of any
436misconduct that warrants disciplinary action, or has been found
437guilty of a course of conduct or practice which shows that she
438or he is incompetent, negligent, dishonest, or untruthful to an
439extent that those with whom she or he may sustain a confidential
440relationship may not safely do so.
441     (k)(11)  Has made or filed a report or record, either
442written or oral, which the registered trainee, licensee, or
443certificateholder, or appraisal management company knows to be
444false; has willfully failed to file a report or record required
445by state or federal law; or has willfully impeded or obstructed
446such filing, or has induced another person to impede or obstruct
447such filing. However, such reports or records shall include only
448those which are signed or presented in the capacity of a
449registered trainee appraiser, or licensed or certified
450appraiser, or appraisal management company.
451     (l)(12)  Has obtained or attempted to obtain a
452registration, license, or certification by means of knowingly
453making a false statement, submitting false information, refusing
454to provide complete information in response to an application
455question, or engaging in fraud, misrepresentation, or
456concealment.
457     (m)(13)  Has paid money or other valuable consideration,
458except as required by this section, to any member or employee of
459the board to obtain a registration, license, or certification
460under this section.
461     (n)(14)  Has violated any standard for the development or
462communication of a real estate appraisal or other provision of
463the Uniform Standards of Professional Appraisal Practice.
464     (o)(15)  Has failed or refused to exercise reasonable
465diligence in developing an appraisal or preparing an appraisal
466report.
467     (p)(16)  Has failed to communicate an appraisal without
468good cause.
469     (q)(17)  Has accepted an appraisal assignment if the
470employment itself is contingent upon the appraiser or appraisal
471management company reporting a predetermined result, analysis,
472or opinion, or if the fee to be paid for the performance of the
473appraisal assignment is contingent upon the opinion, conclusion,
474or valuation reached upon the consequences resulting from the
475appraisal assignment.
476     (r)(18)  Has failed to timely notify the department of any
477change in business location, or has failed to fully disclose all
478business locations from which she or he operates as a registered
479trainee real estate appraiser or licensed or certified real
480estate appraiser.
481     (s)  Has failed to timely notify the department of any
482change in principal business location as an appraisal management
483company.
484     (t)  Has influenced or attempted to influence the
485development, reporting, or review of an appraisal through
486coercion, extortion, collusion, compensation, instruction,
487inducement, intimidation, bribery, or any other means,
488including, but not limited to:
489     1.  Withholding or threatening to withhold timely payment
490for an appraisal.
491     2.  Withholding or threatening to withhold future business
492from an appraiser.
493     3.  Demoting, terminating, or threatening to demote or
494terminate an appraiser.
495     4.  Promising future business, promotions, or increased
496compensation for an appraiser, whether the promise is express or
497implied.
498     5.  Conditioning a request for appraisal services or the
499payment of an appraisal fee, salary, or bonus upon the opinion,
500conclusion, or valuation to be reached or upon a preliminary
501estimate or opinion requested from an appraiser.
502     6.  Requesting that an appraiser provide an estimated,
503predetermined, or desired valuation in an appraisal report or
504provide estimated values or comparable sales at any time before
505the appraiser's completion of appraisal services.
506     7.  Providing to an appraiser an anticipated, estimated,
507encouraged, or desired value for a subject property or a
508proposed or target amount to be loaned to the borrower, except
509that a copy of the sales contract for purchase transactions may
510be provided.
511     8.  Providing to an appraiser, or any person related to the
512appraiser, stock or other financial or nonfinancial benefits.
513     9.  Allowing the removal of an appraiser from an appraiser
514panel without prior written notice to the appraiser.
515     10.  Obtaining, using, or paying for a second or subsequent
516appraisal or ordering an automated valuation model in connection
517with a mortgage financing transaction unless there is a
518reasonable basis to believe that the initial appraisal was
519flawed or tainted and such basis is clearly and appropriately
520noted in the loan file, or unless such appraisal or automated
521valuation model is issued pursuant to a bona fide prefunding or
522postfunding appraisal review or quality control process.
523     11.  Any other act or practice that impairs or attempts to
524impair an appraiser's independence, objectivity, or
525impartiality.
526     (u)  Has altered, modified, or otherwise changed a
527completed appraisal report submitted by an appraiser to an
528appraisal management company.
529     (v)  Has employed, contracted with, or otherwise retained
530an appraiser whose registration, license, or certification is
531suspended or revoked to perform appraisal services or appraisal
532management services.
533     (2)  The board may reprimand an appraisal management
534company, conditionally or unconditionally suspend or revoke any
535registration of an appraisal management company issued under
536this part, or impose administrative fines not to exceed $25,000
537for each count or separate offense against any such appraisal
538management company if the board determines that the appraisal
539management company is attempting to perform, has performed, or
540has attempted to perform any of the following acts:
541     (a)  Committing any act in violation of this part.
542     (b)  Violating any rule adopted by the board under this
543part.
544     (c)  Obtaining a registration of an appraisal management
545company by fraud, misrepresentation, or deceit.
546     (3)  This section does not prohibit an appraisal management
547company from requesting that an appraiser:
548     (a)  Provide additional information about the basis of a
549valuation; or
550     (b)  Correct objective factual errors in an appraisal
551report.
552     Section 6.  Section 475.626, Florida Statutes, is amended
553to read:
554     475.626  Violations and penalties.--
555     (1)  A person may not: VIOLATIONS.--
556     (a)  No person shall Operate or attempt to operate as a
557registered trainee appraiser, a or licensed or certified
558appraiser, or, unless exempt under s. 475.6235(1)(b), an
559appraisal management company without being the holder of a valid
560and current registration, license, or certification.
561     (b)  No person shall Violate any lawful order or rule of
562the board which is binding upon her or him.
563     (c)  No person shall Commit any conduct or practice set
564forth in s. 475.624(1) or (2).
565     (d)  No person shall Make any false affidavit or
566affirmation intended for use as evidence by or before the board
567or any member thereof, or by any of its authorized
568representatives, nor may shall any person give false testimony
569under oath or affirmation to or before the board or any member
570thereof in any proceeding authorized by this section.
571     (e)  No person shall Fail or refuse to appear at the time
572and place designated in a subpoena issued with respect to a
573violation of this section, unless such failure to appear is the
574result of facts or circumstances that are sufficient to excuse
575appearance in response to a subpoena from the circuit court; nor
576may shall a person who is present before the board or a member
577thereof or one of its authorized representatives acting under
578authority of this section refuse to be sworn or to affirm or
579fail or refuse to answer fully any question propounded by the
580board, the member, or such representative, or by any person by
581the authority of such officer or appointee.
582     (f)  No person shall Obstruct or hinder in any manner the
583enforcement of this section or the performance of any lawful
584duty by any person acting under the authority of this section,
585or interfere with, intimidate, or offer any bribe to any member
586of the board or any of its employees or any person who is, or is
587expected to be, a witness in any investigation or proceeding
588relating to a violation of this section.
589     (g)  No person shall Knowingly conceal any information
590relating to violations of this section.
591     (2)  A PENALTIES.--Any person who violates any provision of
592the provisions of subsection (1) commits is guilty of a
593misdemeanor of the second degree, punishable as provided in s.
594775.082 or s. 775.083, except when a different punishment is
595prescribed by this section. Nothing in This section does not
596shall prohibit the prosecution under any other criminal statute
597of this state of any person for an act or conduct prohibited by
598this section; however, in such cases, the state may prosecute
599under this section or under such other statute, or may charge
600both offenses in one prosecution, but the sentence imposed shall
601not be a greater fine or longer sentence than that prescribed
602for the offense which carries the more severe penalties. A civil
603case, a criminal case, or a denial, revocation, or suspension
604proceeding may arise out of the same alleged state of facts, and
605the pendency or result of one such case or proceeding shall not
606stay or control the result of either of the others.
607     Section 7.  Section 475.629, Florida Statutes, is amended
608to read:
609     475.629  Retention of records.--An appraiser registered,
610licensed, or certified under this part or an appraisal
611management company registered under this part shall retain, for
612at least 5 years or the period specified in the Uniform
613Standards of Professional Appraisal Practice, whichever is
614greater, original or true copies of any contracts engaging the
615appraiser's or appraisal management company's services,
616appraisal reports, and supporting data assembled and formulated
617by the appraiser or company in preparing appraisal reports or
618engaging in appraisal management services. Except as otherwise
619specified in the Uniform Standards of Professional Appraisal
620Practice, the period for retention of the records applicable to
621each engagement of the services of the appraiser or appraisal
622management company runs from the date of the submission of the
623appraisal report to the client. These records must be made
624available by the appraiser or appraisal management company for
625inspection and copying by the department upon on reasonable
626notice to the appraiser or company. If an appraisal has been the
627subject of or has served as evidence for litigation, reports and
628records must be retained for at least 2 years after the trial or
629the period specified in the Uniform Standards of Professional
630Appraisal Practice, whichever is greater.
631     Section 8.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.