| 1 | A bill to be entitled |
| 2 | An act relating to regulation of real estate appraisers |
| 3 | and appraisal management companies; amending s. 475.611, |
| 4 | F.S.; providing definitions; amending s. 475.614, F.S.; |
| 5 | requiring the Florida Real Estate Appraisal Board to adopt |
| 6 | certain rules; amending s. 475.6147, F.S.; requiring |
| 7 | application, registration, and renewal fees for appraisal |
| 8 | management companies; creating s. 475.6235, F.S.; |
| 9 | requiring appraisal management companies to register with |
| 10 | the Department of Business and Professional Regulation; |
| 11 | specifying application requirements and procedures; |
| 12 | requiring the fingerprinting and criminal history records |
| 13 | checks of, and providing qualifications for, certain |
| 14 | persons who control appraisal management companies; |
| 15 | requiring nonresident appraisal management companies to |
| 16 | consent to commencement of actions in this state; |
| 17 | requiring the department to adopt rules relating to the |
| 18 | renewal of registrations; amending s. 475.624, F.S.; |
| 19 | conforming provisions to changes made by the act; creating |
| 20 | s. 475.6245, F.S.; providing for the discipline of |
| 21 | appraisal management companies by the board; amending s. |
| 22 | 475.626, F.S.; providing penalties; conforming provisions |
| 23 | to changes made by the act; amending s. 475.629, F.S.; |
| 24 | revising requirements for the retention of appraisal |
| 25 | records; requiring appraisal management companies to |
| 26 | follow such requirements; providing an effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Subsection (1) of section 475.611, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 475.611 Definitions.- |
| 33 | (1) As used in this part, the term: |
| 34 | (a) "Appraisal" or "appraisal services" means the services |
| 35 | provided by certified or licensed appraisers or registered |
| 36 | trainee appraisers, and includes: |
| 37 | 1. "Appraisal assignment" denotes an engagement for which |
| 38 | a person is employed or retained to act, or could be perceived |
| 39 | by third parties or the public as acting, as an agent or a |
| 40 | disinterested third party in rendering an unbiased analysis, |
| 41 | opinion, review, or conclusion relating to the nature, quality, |
| 42 | value, or utility of specified interests in, or aspects of, |
| 43 | identified real property. |
| 44 | 2. "Analysis assignment" denotes appraisal services that |
| 45 | relate to the employer's or client's individual needs or |
| 46 | investment objectives and includes specialized marketing, |
| 47 | financing, and feasibility studies as well as analyses, |
| 48 | opinions, and conclusions given in connection with activities |
| 49 | such as real estate brokerage, mortgage banking, real estate |
| 50 | counseling, or real estate consulting. |
| 51 | 3. "Appraisal review assignment" denotes an engagement for |
| 52 | which an appraiser is employed or retained to develop and |
| 53 | communicate an opinion about the quality of another appraiser's |
| 54 | appraisal, appraisal report, or work. An appraisal review may or |
| 55 | may not contain the reviewing appraiser's opinion of value. |
| 56 | (b) "Appraisal Foundation" or "foundation" means the |
| 57 | Appraisal Foundation established on November 20, 1987, as a not- |
| 58 | for-profit corporation under the laws of Illinois. |
| 59 | (c) "Appraisal management company" means a person who |
| 60 | performs appraisal management services. |
| 61 | (d) "Appraisal management services" means the coordination |
| 62 | or management of appraisal services for compensation by: |
| 63 | 1. Employing, contracting with, or otherwise retaining one |
| 64 | or more appraisers to perform appraisal services for a client; |
| 65 | or |
| 66 | 2. Acting as a broker or intermediary between a client and |
| 67 | one or more appraisers to facilitate the client's employing, |
| 68 | contracting with, or otherwise retaining the appraisers. |
| 69 | (e)(c) "Appraisal report" means any communication, written |
| 70 | or oral, of an appraisal, appraisal review, appraisal consulting |
| 71 | service, analysis, opinion, or conclusion relating to the |
| 72 | nature, quality, value, or utility of a specified interest in, |
| 73 | or aspect of, identified real property, and includes any report |
| 74 | communicating an appraisal analysis, opinion, or conclusion of |
| 75 | value, regardless of title. However, in order to be recognized |
| 76 | in a federally related transaction, an appraisal report must be |
| 77 | written. |
| 78 | (f)(d) "Appraisal review" means the act or process of |
| 79 | developing and communicating an opinion about the quality of |
| 80 | another appraiser's appraisal, appraisal report, or work. |
| 81 | (g)(e) "Appraisal subcommittee" means the designees of the |
| 82 | heads of the federal financial institutions regulatory agencies |
| 83 | established by the Federal Financial Institutions Examination |
| 84 | Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. |
| 85 | (h)(f) "Appraiser" means any person who is a registered |
| 86 | trainee real estate appraiser, a licensed real estate appraiser, |
| 87 | or a certified real estate appraiser. An appraiser renders a |
| 88 | professional service and is a professional within the meaning of |
| 89 | s. 95.11(4)(a). |
| 90 | (i) "Appraiser panel" means a group of appraisers selected |
| 91 | by an appraisal management company to perform appraisal services |
| 92 | for clients on behalf of the company. |
| 93 | (j)(g) "Board" means the Florida Real Estate Appraisal |
| 94 | Board established under this section. |
| 95 | (k)(h) "Certified general appraiser" means a person who is |
| 96 | certified by the department as qualified to issue appraisal |
| 97 | reports for any type of real property. |
| 98 | (l)(i) "Certified residential appraiser" means a person |
| 99 | who is certified by the department as qualified to issue |
| 100 | appraisal reports for residential real property of one to four |
| 101 | residential units, without regard to transaction value or |
| 102 | complexity, or real property as may be authorized by federal |
| 103 | regulation. |
| 104 | (m) "Client" means a person who contracts with an |
| 105 | appraiser or appraisal management company for the performance of |
| 106 | appraisal services. |
| 107 | (n)(j) "Department" means the Department of Business and |
| 108 | Professional Regulation. |
| 109 | (o)(k) "Direct supervision" means the degree of |
| 110 | supervision required of a supervisory appraiser overseeing the |
| 111 | work of a registered trainee appraiser by which the supervisory |
| 112 | appraiser has control over and detailed professional knowledge |
| 113 | of the work being done. Direct supervision is achieved when a |
| 114 | registered trainee appraiser has regular direction, guidance, |
| 115 | and support from a supervisory appraiser who has the |
| 116 | competencies as determined by rule of the board. |
| 117 | (p)(l) "Federally related transaction" means any real |
| 118 | estate-related financial transaction which a federal financial |
| 119 | institutions regulatory agency or the Resolution Trust |
| 120 | Corporation engages in, contracts for, or regulates, and which |
| 121 | requires the services of a state-licensed or state-certified |
| 122 | appraiser. |
| 123 | (q)(m) "Licensed appraiser" means a person who is licensed |
| 124 | by the department as qualified to issue appraisal reports for |
| 125 | residential real property of one to four residential units or on |
| 126 | such real estate or real property as may be authorized by |
| 127 | federal regulation. After July 1, 2003, the department shall not |
| 128 | issue licenses for the category of licensed appraiser. |
| 129 | (r)(n) "Registered trainee appraiser" means a person who |
| 130 | is registered with the department as qualified to perform |
| 131 | appraisal services only under the direct supervision of a |
| 132 | licensed or certified appraiser. A registered trainee appraiser |
| 133 | may accept appraisal assignments only from her or his primary or |
| 134 | secondary supervisory appraiser. |
| 135 | (s) "Signature" means personalized evidence indicating |
| 136 | authentication of work performed by an appraiser and the |
| 137 | acceptance of responsibility for the content of an appraisal, |
| 138 | appraisal review, or appraisal consulting service or conclusions |
| 139 | in an appraisal report. |
| 140 | (t)(o) "Supervisory appraiser" means a licensed appraiser, |
| 141 | a certified residential appraiser, or a certified general |
| 142 | appraiser responsible for the direct supervision of one or more |
| 143 | registered trainee appraisers and fully responsible for |
| 144 | appraisals and appraisal reports prepared by those registered |
| 145 | trainee appraisers. The board, by rule, shall determine the |
| 146 | responsibilities of a supervisory appraiser, the geographic |
| 147 | proximity required, the minimum qualifications and standards |
| 148 | required of a licensed or certified appraiser before she or he |
| 149 | may act in the capacity of a supervisory appraiser, and the |
| 150 | maximum number of registered trainee appraisers to be supervised |
| 151 | by an individual supervisory appraiser. |
| 152 | (u)(p) "Training" means the process of providing for and |
| 153 | making available to a registered trainee appraiser, under direct |
| 154 | supervision, a planned, prepared, and coordinated program, or |
| 155 | routine of instruction and education, in appraisal professional |
| 156 | and technical appraisal skills as determined by rule of the |
| 157 | board. |
| 158 | (v)(q) "Uniform Standards of Professional Appraisal |
| 159 | Practice" means the most recent standards approved and adopted |
| 160 | by the Appraisal Standards Board of the Appraisal Foundation. |
| 161 | (w)(r) "Valuation services" means services pertaining to |
| 162 | aspects of property value and includes such services performed |
| 163 | by certified appraisers, registered trainee appraisers, and |
| 164 | others. |
| 165 | (x)(s) "Work file" means the documentation necessary to |
| 166 | support an appraiser's analysis, opinions, and conclusions. |
| 167 | Section 2. Section 475.614, Florida Statutes, is amended |
| 168 | to read: |
| 169 | 475.614 Power of board to adopt rules and decide questions |
| 170 | of practice; requirements for protection of appraiser's |
| 171 | signature.- |
| 172 | (1) The board has authority to adopt rules pursuant to ss. |
| 173 | 120.536(1) and 120.54 to implement provisions of law conferring |
| 174 | duties upon it. The board may decide questions of practice |
| 175 | arising in the proceedings before it, having regard to this |
| 176 | section and the rules then in force. |
| 177 | (2) The board shall adopt rules specifying the means by |
| 178 | which an appraiser's signature may be affixed to an appraisal |
| 179 | report or other work performed by the appraiser. The rules shall |
| 180 | include requirements for protecting the security of an |
| 181 | appraiser's signature and prohibiting practices that may |
| 182 | discredit the use of an appraiser's signature to authenticate |
| 183 | the work performed by the appraiser. |
| 184 | Section 3. Subsection (1) of section 475.6147, Florida |
| 185 | Statutes, is amended to read: |
| 186 | 475.6147 Fees.- |
| 187 | (1)(a) The board by rule may establish fees to be paid for |
| 188 | application, licensing and renewal, certification and |
| 189 | recertification, registration and reregistration, reinstatement, |
| 190 | and recordmaking and recordkeeping. |
| 191 | (b) The fee for initial application of an appraiser may |
| 192 | not exceed $150, and the combined cost of the application and |
| 193 | examination may not exceed $300. The initial certification, |
| 194 | registration, or license fee and the certification, |
| 195 | registration, or license renewal fee may not exceed $150 for |
| 196 | each year of the duration of the certification, registration, or |
| 197 | license. |
| 198 | (c) The fee for initial application of an appraisal |
| 199 | management company may not exceed $150. The initial registration |
| 200 | and registration renewal fee may not exceed $150 for each year |
| 201 | of the duration of the registration. |
| 202 | (d) The board may also establish by rule a late renewal |
| 203 | penalty. |
| 204 | (e) The board shall establish fees which are adequate to |
| 205 | ensure its continued operation. Fees shall be based on estimates |
| 206 | made by the department of the revenue required to implement this |
| 207 | part and other provisions of law relating to the regulation of |
| 208 | real estate appraisers. |
| 209 | Section 4. Section 475.6235, Florida Statutes, is created |
| 210 | to read: |
| 211 | 475.6235 Registration of appraisal management companies |
| 212 | required.- |
| 213 | (1) A person may not engage in appraisal management |
| 214 | services for compensation in this state, advertise or represent |
| 215 | herself or himself as an appraisal management company, or use |
| 216 | the titles "appraisal management company," "appraiser |
| 217 | cooperative," "appraiser portal," or "mortgage technology |
| 218 | company," or any abbreviation or words to that effect, unless |
| 219 | the person is registered with the department as an appraisal |
| 220 | management company under this section. However, an employee of |
| 221 | an appraisal management company is not required to obtain a |
| 222 | separate registration. |
| 223 | (2) An application for registration must be submitted to |
| 224 | the department in the format prescribed by the department and |
| 225 | must include, at a minimum, the following: |
| 226 | (a) The firm or business name under which the appraisal |
| 227 | management company conducts business in this state. The |
| 228 | appraisal management company must notify the department of any |
| 229 | change in the firm or business name, on a form provided by the |
| 230 | department, within 10 days after such change. |
| 231 | (b) The mailing address, street address, and telephone |
| 232 | number of the appraisal management company's principal business |
| 233 | location. The appraisal management company must notify the |
| 234 | department of any change in the mailing or street address, on a |
| 235 | form provided by the department, within 10 days after such |
| 236 | change. |
| 237 | (c) The appraisal management company's federal employer |
| 238 | identification number. |
| 239 | (d) The appraisal management company's type of business |
| 240 | organization, such as a corporation, partnership, limited |
| 241 | liability company, or sole proprietorship. |
| 242 | (e) A statement as to whether the appraisal management |
| 243 | company, if incorporated, is a domestic or foreign corporation, |
| 244 | the company's date of incorporation, the state in which the |
| 245 | company was incorporated, its charter number, and, if it is a |
| 246 | foreign corporation, the date that the company first registered |
| 247 | with the Department of State to conduct business in this state. |
| 248 | (f) The full name, street address, telephone number, |
| 249 | corporate title, and social security number or federal employer |
| 250 | identification number of any person who possesses the authority, |
| 251 | directly or indirectly, to direct the management or policies of |
| 252 | the appraisal management company, whether through ownership, by |
| 253 | contract, or otherwise, including, but not limited to: |
| 254 | 1. Each officer and director if the appraisal management |
| 255 | company is a corporation. |
| 256 | 2. Each general partner if the appraisal management |
| 257 | company is a partnership. |
| 258 | 3. Each manager or managing member if the appraisal |
| 259 | management company is a limited liability company. |
| 260 | 4. The owner if the appraisal management company is a sole |
| 261 | proprietorship. |
| 262 | 5. Each other person who, directly or indirectly, owns or |
| 263 | controls 10 percent or more of an ownership interest in the |
| 264 | appraisal management company. |
| 265 | (g) The firm or business name under which any person |
| 266 | listed in paragraph (f) conducted business as an appraisal |
| 267 | management company within the 5 years preceding the date of the |
| 268 | application. |
| 269 | (h) The appraisal management company's registered agent |
| 270 | for service of process in this state. |
| 271 | (3) Appropriate fees, as set forth in the rules of the |
| 272 | board pursuant to s. 475.6147, and a complete set of |
| 273 | fingerprints for each person listed in paragraph (2)(f) must |
| 274 | accompany all applications for registration. The fingerprints |
| 275 | shall be forwarded to the Division of Criminal Justice |
| 276 | Information Systems within the Department of Law Enforcement for |
| 277 | purposes of processing the fingerprints to determine whether the |
| 278 | person has a criminal history record. The fingerprints shall |
| 279 | also be forwarded to the Federal Bureau of Investigation for |
| 280 | purposes of processing the fingerprints to determine whether the |
| 281 | person has a criminal history record. The information obtained |
| 282 | by the processing of fingerprints by the Department of Law |
| 283 | Enforcement and the Federal Bureau of Investigation shall be |
| 284 | sent to the department for the purpose of determining whether |
| 285 | the appraisal management company is statutorily qualified for |
| 286 | registration. |
| 287 | (4) At the time of filing an application for registration |
| 288 | of an appraisal management company, each person listed in |
| 289 | paragraph (2)(f) must sign a pledge to comply with the Uniform |
| 290 | Standards of Professional Appraisal Practice upon registration |
| 291 | and must indicate in writing that she or he understands the |
| 292 | types of misconduct for which disciplinary proceedings may be |
| 293 | initiated. The application shall expire 1 year after the date |
| 294 | received. |
| 295 | (5) Each person listed in paragraph (2)(f) must be |
| 296 | competent and qualified to engage in appraisal management |
| 297 | services with safety to the general public and those with whom |
| 298 | the person may undertake a relationship of trust and confidence. |
| 299 | If any person listed in paragraph (2)(f) has been denied |
| 300 | registration, licensure, or certification as an appraiser or has |
| 301 | been disbarred, or if the person's registration, license, or |
| 302 | certificate to practice or conduct any regulated profession, |
| 303 | business, or vocation has been revoked or suspended by this or |
| 304 | any other state, any nation, any possession or district of the |
| 305 | United States, or any court or lawful agency thereof because of |
| 306 | any conduct or practices that would have warranted a like result |
| 307 | under this part, or if the person has been guilty of conduct or |
| 308 | practices in this state or elsewhere that would have been |
| 309 | grounds for disciplining her or his registration, license, or |
| 310 | certification under this part had the person then been a |
| 311 | registered trainee appraiser or a licensed or certified |
| 312 | appraiser, the person shall be deemed not to be qualified |
| 313 | unless, because of lapse of time and subsequent good conduct and |
| 314 | reputation, or other reason deemed sufficient, it appears to the |
| 315 | board that the interest of the public is not likely to be |
| 316 | endangered by the granting of registration. |
| 317 | (6) An applicant seeking to become registered under this |
| 318 | part as an appraisal management company may not be rejected |
| 319 | solely by virtue of membership or lack of membership of any |
| 320 | person listed in paragraph (2)(f) or any employee of the company |
| 321 | in any particular appraisal organization. |
| 322 | (7) An applicant for registration who is not a resident of |
| 323 | the state shall file an irrevocable consent that suits and |
| 324 | actions may be commenced against the appraisal management |
| 325 | company in any county of the state in which a plaintiff having a |
| 326 | cause of action or suit against the company resides and that |
| 327 | service of any process or pleading in suits or actions against |
| 328 | the company may be made by delivering the process or pleading to |
| 329 | the director of the Division of Real Estate by certified mail, |
| 330 | return receipt requested, and also to the appraisal management |
| 331 | company by registered mail addressed to the company's designated |
| 332 | principal business location or, if its principal business |
| 333 | location is located in this state, to the company's registered |
| 334 | agent. Service, when so made, must be taken and held in all |
| 335 | courts to be as valid and binding upon the appraisal management |
| 336 | company as if made upon the company in this state within the |
| 337 | jurisdiction of the court in which the suit or action is filed. |
| 338 | The irrevocable consent must be in a form prescribed by the |
| 339 | department and be acknowledged before a notary public. |
| 340 | (8) The department shall renew the registration of an |
| 341 | appraisal management company upon receipt of the renewal |
| 342 | application and the proper fee. The department shall adopt rules |
| 343 | establishing a procedure for renewal of the registration of an |
| 344 | appraisal management company at least every 4 years. |
| 345 | Section 5. Section 475.624, Florida Statutes, is amended |
| 346 | to read: |
| 347 | 475.624 Discipline of appraisers.-The board may deny an |
| 348 | application for registration or certification of an appraiser; |
| 349 | may investigate the actions of any appraiser registered, |
| 350 | licensed, or certified under this part; may reprimand or impose |
| 351 | an administrative fine not to exceed $5,000 for each count or |
| 352 | separate offense against any such appraiser; and may revoke or |
| 353 | suspend, for a period not to exceed 10 years, the registration, |
| 354 | license, or certification of any such appraiser, or place any |
| 355 | such appraiser on probation, if the board it finds that the |
| 356 | registered trainee, licensee, or certificateholder: |
| 357 | (1) Has violated any provision provisions of this part or |
| 358 | s. 455.227(1); however, any appraiser registered, licensed, or |
| 359 | certified certificateholders, registrants, and licensees under |
| 360 | this part is are exempt from the provisions of s. 455.227(1)(i). |
| 361 | (2) Has been guilty of fraud, misrepresentation, |
| 362 | concealment, false promises, false pretenses, dishonest conduct, |
| 363 | culpable negligence, or breach of trust in any business |
| 364 | transaction in this state or any other state, nation, or |
| 365 | territory; has violated a duty imposed upon her or him by law or |
| 366 | by the terms of a contract, whether written, oral, express, or |
| 367 | implied, in an appraisal assignment; has aided, assisted, or |
| 368 | conspired with any other person engaged in any such misconduct |
| 369 | and in furtherance thereof; or has formed an intent, design, or |
| 370 | scheme to engage in such misconduct and committed an overt act |
| 371 | in furtherance of such intent, design, or scheme. It is |
| 372 | immaterial to the guilt of the registered trainee appraiser or |
| 373 | licensed, licensee, or certified appraiser certificateholder |
| 374 | that the victim or intended victim of the misconduct has |
| 375 | sustained no damage or loss; that the damage or loss has been |
| 376 | settled and paid after discovery of the misconduct; or that such |
| 377 | victim or intended victim was a customer or a person in |
| 378 | confidential relation with the registered trainee appraiser or |
| 379 | licensed, licensee, or certified appraiser certificateholder, or |
| 380 | was an identified member of the general public. |
| 381 | (3) Has advertised services in a manner that which is |
| 382 | fraudulent, false, deceptive, or misleading in form or content. |
| 383 | (4) Has violated any provision of the provisions of this |
| 384 | part or any lawful order or rule issued under the provisions of |
| 385 | this part or chapter 455. |
| 386 | (5) Has been convicted or found guilty of, or entered a |
| 387 | plea of nolo contendere to, regardless of adjudication, a crime |
| 388 | in any jurisdiction that which directly relates to the |
| 389 | activities of a registered trainee appraiser or licensed or |
| 390 | certified appraiser, or that which involves moral turpitude or |
| 391 | fraudulent or dishonest conduct. The record of a conviction |
| 392 | certified or authenticated in such form as admissible in |
| 393 | evidence under the laws of the state shall be admissible as |
| 394 | prima facie evidence of such guilt. |
| 395 | (6) Has had a registration, license, or certification as |
| 396 | an appraiser revoked, suspended, or otherwise acted against;, or |
| 397 | has been disbarred;, or has had her or his registration, |
| 398 | license, or certificate to practice or conduct any regulated |
| 399 | profession, business, or vocation revoked or suspended by this |
| 400 | or any other state, any nation, or any possession or district of |
| 401 | the United States;, or has had an application for such |
| 402 | registration, licensure, or certification to practice or conduct |
| 403 | any regulated profession, business, or vocation denied by this |
| 404 | or any other state, any nation, or any possession or district of |
| 405 | the United States. |
| 406 | (7) Has become temporarily incapacitated from acting as an |
| 407 | appraiser with safety to those in a fiduciary relationship with |
| 408 | her or him because of drunkenness, use of drugs, or temporary |
| 409 | mental derangement; however, suspension of a license, |
| 410 | certification, or registration in such cases shall only be for |
| 411 | the period of such incapacity. |
| 412 | (8) Is confined in any county jail, postadjudication; is |
| 413 | confined in any state or federal prison or mental institution; |
| 414 | or, through mental disease or deterioration, can no longer |
| 415 | safely be entrusted to deal with the public or in a confidential |
| 416 | capacity. |
| 417 | (9) Has failed to inform the board in writing within 30 |
| 418 | days after pleading guilty or nolo contendere to, or being |
| 419 | convicted or found guilty of, any felony. |
| 420 | (10) Has been found guilty, for a second time, of any |
| 421 | misconduct that warrants disciplinary action, or has been found |
| 422 | guilty of a course of conduct or practice that which shows that |
| 423 | she or he is incompetent, negligent, dishonest, or untruthful to |
| 424 | an extent that those with whom she or he may sustain a |
| 425 | confidential relationship may not safely do so. |
| 426 | (11) Has made or filed a report or record, either written |
| 427 | or oral, that which the registered trainee appraiser or |
| 428 | licensed, licensee, or certified appraiser certificateholder |
| 429 | knows to be false; has willfully failed to file a report or |
| 430 | record required by state or federal law; has willfully impeded |
| 431 | or obstructed such filing;, or has induced another person to |
| 432 | impede or obstruct such filing. However, such reports or records |
| 433 | shall include only those that which are signed or presented in |
| 434 | the capacity of a registered trainee appraiser or licensed or |
| 435 | certified appraiser. |
| 436 | (12) Has obtained or attempted to obtain a registration, |
| 437 | license, or certification by means of knowingly making a false |
| 438 | statement, submitting false information, refusing to provide |
| 439 | complete information in response to an application question, or |
| 440 | engaging in fraud, misrepresentation, or concealment. |
| 441 | (13) Has paid money or other valuable consideration, |
| 442 | except as required by this section, to any member or employee of |
| 443 | the board to obtain a registration, license, or certification |
| 444 | under this section. |
| 445 | (14) Has violated any standard for the development or |
| 446 | communication of a real estate appraisal or other provision of |
| 447 | the Uniform Standards of Professional Appraisal Practice. |
| 448 | (15) Has failed or refused to exercise reasonable |
| 449 | diligence in developing an appraisal or preparing an appraisal |
| 450 | report. |
| 451 | (16) Has failed to communicate an appraisal without good |
| 452 | cause. |
| 453 | (17) Has accepted an appraisal assignment if the |
| 454 | employment itself is contingent upon the appraiser reporting a |
| 455 | predetermined result, analysis, or opinion, or if the fee to be |
| 456 | paid for the performance of the appraisal assignment is |
| 457 | contingent upon the opinion, conclusion, or valuation reached |
| 458 | upon the consequences resulting from the appraisal assignment. |
| 459 | (18) Has failed to timely notify the department of any |
| 460 | change in business location, or has failed to fully disclose all |
| 461 | business locations from which she or he operates as a registered |
| 462 | trainee real estate appraiser or licensed or certified real |
| 463 | estate appraiser. |
| 464 | Section 6. Section 475.6245, Florida Statutes, is created |
| 465 | to read: |
| 466 | 475.6245 Discipline of appraisal management companies.- |
| 467 | (1) The board may deny an application for registration of |
| 468 | an appraisal management company; may investigate the actions of |
| 469 | any appraisal management company registered under this part; may |
| 470 | reprimand or impose an administrative fine not to exceed $5,000 |
| 471 | for each count or separate offense against any such appraisal |
| 472 | management company; and may revoke or suspend, for a period not |
| 473 | to exceed 10 years, the registration of any such appraisal |
| 474 | management company, or place any such appraisal management |
| 475 | company on probation, if the board finds that the appraisal |
| 476 | management company or any person listed in s. 475.6235(2)(f): |
| 477 | (a) Has violated any provision of this part or s. |
| 478 | 455.227(1); however, any appraisal management company registered |
| 479 | under this part is exempt from s. 455.227(1)(i). |
| 480 | (b) Has been guilty of fraud, misrepresentation, |
| 481 | concealment, false promises, false pretenses, dishonest conduct, |
| 482 | culpable negligence, or breach of trust in any business |
| 483 | transaction in this state or any other state, nation, or |
| 484 | territory; has violated a duty imposed upon her or him by law or |
| 485 | by the terms of a contract, whether written, oral, express, or |
| 486 | implied, in an appraisal assignment; has aided, assisted, or |
| 487 | conspired with any other person engaged in any such misconduct |
| 488 | and in furtherance thereof; or has formed an intent, design, or |
| 489 | scheme to engage in such misconduct and committed an overt act |
| 490 | in furtherance of such intent, design, or scheme. It is |
| 491 | immaterial to the guilt of the appraisal management company that |
| 492 | the victim or intended victim of the misconduct has sustained no |
| 493 | damage or loss; that the damage or loss has been settled and |
| 494 | paid after discovery of the misconduct; or that such victim or |
| 495 | intended victim was a customer or a person in confidential |
| 496 | relation with the appraisal management company or was an |
| 497 | identified member of the general public. |
| 498 | (c) Has advertised services in a manner that is |
| 499 | fraudulent, false, deceptive, or misleading in form or content. |
| 500 | (d) Has violated any provision of this part or any lawful |
| 501 | order or rule issued under this part or chapter 455. |
| 502 | (e) Has been convicted or found guilty of, or entered a |
| 503 | plea of nolo contendere to, regardless of adjudication, a crime |
| 504 | in any jurisdiction that directly relates to the activities of |
| 505 | an appraisal management company or that involves moral turpitude |
| 506 | or fraudulent or dishonest conduct. The record of a conviction |
| 507 | certified or authenticated in such form as admissible in |
| 508 | evidence under the laws of the state shall be admissible as |
| 509 | prima facie evidence of such guilt. |
| 510 | (f) Has had a registration, license, or certification as |
| 511 | an appraiser or a registration as an appraisal management |
| 512 | company revoked, suspended, or otherwise acted against; has been |
| 513 | disbarred; has had her or his registration, license, or |
| 514 | certificate to practice or conduct any regulated profession, |
| 515 | business, or vocation revoked or suspended by this or any other |
| 516 | state, any nation, or any possession or district of the United |
| 517 | States; or has had an application for such registration, |
| 518 | licensure, or certification to practice or conduct any regulated |
| 519 | profession, business, or vocation denied by this or any other |
| 520 | state, any nation, or any possession or district of the United |
| 521 | States. |
| 522 | (g) Has become temporarily incapacitated from acting as an |
| 523 | appraisal management company with safety to those in a fiduciary |
| 524 | relationship with her or him because of drunkenness, use of |
| 525 | drugs, or temporary mental derangement; however, suspension of a |
| 526 | registration in such cases shall only be for the period of such |
| 527 | incapacity. |
| 528 | (h) Is confined in any county jail, postadjudication; is |
| 529 | confined in any state or federal prison or mental institution; |
| 530 | or, through mental disease or deterioration, can no longer |
| 531 | safely be entrusted to deal with the public or in a confidential |
| 532 | capacity. |
| 533 | (i) Has failed to inform the board in writing within 30 |
| 534 | days after pleading guilty or nolo contendere to, or being |
| 535 | convicted or found guilty of, any felony. |
| 536 | (j) Has been found guilty, for a second time, of any |
| 537 | misconduct that warrants disciplinary action, or has been found |
| 538 | guilty of a course of conduct or practice that shows that she or |
| 539 | he is incompetent, negligent, dishonest, or untruthful to an |
| 540 | extent that those with whom she or he may sustain a confidential |
| 541 | relationship may not safely do so. |
| 542 | (k) Has made or filed a report or record, either written |
| 543 | or oral, that the appraisal management company knows to be |
| 544 | false; has willfully failed to file a report or record required |
| 545 | by state or federal law; has willfully impeded or obstructed |
| 546 | such filing; or has induced another person to impede or obstruct |
| 547 | such filing. However, such reports or records shall include only |
| 548 | those that are signed or presented in the capacity of an |
| 549 | appraisal management company. |
| 550 | (l) Has obtained or attempted to obtain a registration, |
| 551 | license, or certification by means of knowingly making a false |
| 552 | statement, submitting false information, refusing to provide |
| 553 | complete information in response to an application question, or |
| 554 | engaging in fraud, misrepresentation, or concealment. |
| 555 | (m) Has paid money or other valuable consideration, except |
| 556 | as required by this section, to any member or employee of the |
| 557 | board to obtain a registration, license, or certification under |
| 558 | this section. |
| 559 | (n) Has instructed an appraiser to violate any standard |
| 560 | for the development or communication of a real estate appraisal |
| 561 | or other provision of the Uniform Standards of Professional |
| 562 | Appraisal Practice. |
| 563 | (o) Has engaged in the development of an appraisal or the |
| 564 | preparation of an appraisal report. |
| 565 | (p) Has failed to communicate an appraisal without good |
| 566 | cause. |
| 567 | (q) Has accepted an appraisal assignment if the employment |
| 568 | itself is contingent upon the appraisal management company |
| 569 | reporting a predetermined result, analysis, or opinion or if the |
| 570 | fee to be paid for the performance of the appraisal assignment |
| 571 | is contingent upon the opinion, conclusion, or valuation reached |
| 572 | upon the consequences resulting from the appraisal assignment. |
| 573 | (r) Has failed to timely notify the department of any |
| 574 | change in principal business location as an appraisal management |
| 575 | company. |
| 576 | (s) Has influenced or attempted to influence the |
| 577 | development, reporting, or review of an appraisal through |
| 578 | coercion, extortion, collusion, compensation, inducement, |
| 579 | intimidation, bribery, or any other means, including, but not |
| 580 | limited to: |
| 581 | 1. Withholding or threatening to withhold timely payment |
| 582 | for an appraisal, unless such nonpayment is based upon specific |
| 583 | quality or other service issues that constitute noncompliance |
| 584 | with the appraisal engagement agreement. |
| 585 | 2. Withholding or threatening to withhold future business |
| 586 | from an appraiser. |
| 587 | 3. Promising future business, promotions, or increased |
| 588 | compensation for an appraiser, whether the promise is express or |
| 589 | implied. |
| 590 | 4. Conditioning a request for appraisal services or the |
| 591 | payment of an appraisal fee, salary, or bonus upon the opinion, |
| 592 | conclusion, or valuation to be reached or upon a preliminary |
| 593 | estimate or opinion requested from an appraiser. |
| 594 | 5. Requesting that an appraiser provide an estimated, |
| 595 | predetermined, or desired valuation in an appraisal report or |
| 596 | provide estimated values or comparable sales at any time before |
| 597 | the appraiser's completion of appraisal services. |
| 598 | 6. Providing to an appraiser an anticipated, estimated, |
| 599 | encouraged, or desired value for a subject property or a |
| 600 | proposed or target amount to be loaned to the borrower, except |
| 601 | that a copy of the sales contract for purchase transactions may |
| 602 | be provided. |
| 603 | 7. Providing to an appraiser, or any person related to the |
| 604 | appraiser, stock or other financial or nonfinancial benefits. |
| 605 | 8. Allowing the removal of an appraiser from an appraiser |
| 606 | panel without prior written notice to the appraiser. |
| 607 | 9. Obtaining, using, or paying for a second or subsequent |
| 608 | appraisal or ordering an automated valuation model in connection |
| 609 | with a mortgage financing transaction unless there is a |
| 610 | reasonable basis to believe that the initial appraisal was |
| 611 | flawed or tainted and such basis is clearly and appropriately |
| 612 | noted in the loan file, or unless such appraisal or automated |
| 613 | valuation model is issued pursuant to a bona fide prefunding or |
| 614 | postfunding appraisal review or quality control process. |
| 615 | 10. Any other act or practice that impairs or attempts to |
| 616 | impair an appraiser's independence, objectivity, or |
| 617 | impartiality. |
| 618 | (t) Has altered, modified, or otherwise changed a |
| 619 | completed appraisal report submitted by an appraiser to an |
| 620 | appraisal management company. |
| 621 | (u) Has employed, contracted with, or otherwise retained |
| 622 | an appraiser whose registration, license, or certification is |
| 623 | suspended or revoked to perform appraisal services or appraisal |
| 624 | management services. |
| 625 | (2) The board may reprimand an appraisal management |
| 626 | company, conditionally or unconditionally suspend or revoke any |
| 627 | registration of an appraisal management company issued under |
| 628 | this part, or impose administrative fines not to exceed $5,000 |
| 629 | for each count or separate offense against any such appraisal |
| 630 | management company if the board determines that the appraisal |
| 631 | management company is attempting to perform, has performed, or |
| 632 | has attempted to perform any of the following acts: |
| 633 | (a) Committing any act in violation of this part. |
| 634 | (b) Violating any rule adopted by the board under this |
| 635 | part. |
| 636 | (c) Obtaining a registration of an appraisal management |
| 637 | company by fraud, misrepresentation, or deceit. |
| 638 | (3) This section does not prohibit an appraisal management |
| 639 | company from requesting an appraiser to: |
| 640 | (a) Provide additional information about the basis of a |
| 641 | valuation, including consideration of additional comparable |
| 642 | data; or |
| 643 | (b) Correct objective factual errors in an appraisal |
| 644 | report. |
| 645 | Section 7. Section 475.626, Florida Statutes, is amended |
| 646 | to read: |
| 647 | 475.626 Violations and penalties.- |
| 648 | (1) A person may not: VIOLATIONS.- |
| 649 | (a) No person shall Operate or attempt to operate as a |
| 650 | registered trainee appraiser, a or licensed or certified |
| 651 | appraiser, or an appraisal management company without being the |
| 652 | holder of a valid and current registration, license, or |
| 653 | certification. |
| 654 | (b) No person shall Violate any lawful order or rule of |
| 655 | the board which is binding upon her or him. |
| 656 | (c) No person shall Commit any conduct or practice set |
| 657 | forth in s. 475.624 or s. 475.6245. |
| 658 | (d) No person shall Make any false affidavit or |
| 659 | affirmation intended for use as evidence by or before the board |
| 660 | or any member thereof, or by any of its authorized |
| 661 | representatives, nor may shall any person give false testimony |
| 662 | under oath or affirmation to or before the board or any member |
| 663 | thereof in any proceeding authorized by this section. |
| 664 | (e) No person shall Fail or refuse to appear at the time |
| 665 | and place designated in a subpoena issued with respect to a |
| 666 | violation of this section, unless such failure to appear is the |
| 667 | result of facts or circumstances that are sufficient to excuse |
| 668 | appearance in response to a subpoena from the circuit court; nor |
| 669 | may shall a person who is present before the board or a member |
| 670 | thereof or one of its authorized representatives acting under |
| 671 | authority of this section refuse to be sworn or to affirm or |
| 672 | fail or refuse to answer fully any question propounded by the |
| 673 | board, the member, or such representative, or by any person by |
| 674 | the authority of such officer or appointee. |
| 675 | (f) No person shall Obstruct or hinder in any manner the |
| 676 | enforcement of this section or the performance of any lawful |
| 677 | duty by any person acting under the authority of this section, |
| 678 | or interfere with, intimidate, or offer any bribe to any member |
| 679 | of the board or any of its employees or any person who is, or is |
| 680 | expected to be, a witness in any investigation or proceeding |
| 681 | relating to a violation of this section. |
| 682 | (g) No person shall Knowingly conceal any information |
| 683 | relating to violations of this section. |
| 684 | (2) A PENALTIES.-Any person who violates any provision of |
| 685 | the provisions of subsection (1) commits is guilty of a |
| 686 | misdemeanor of the second degree, punishable as provided in s. |
| 687 | 775.082 or s. 775.083, except when a different punishment is |
| 688 | prescribed by this section. Nothing in This section does not |
| 689 | shall prohibit the prosecution under any other criminal statute |
| 690 | of this state of any person for an act or conduct prohibited by |
| 691 | this section; however, in such cases, the state may prosecute |
| 692 | under this section or under such other statute, or may charge |
| 693 | both offenses in one prosecution, but the sentence imposed shall |
| 694 | not be a greater fine or longer sentence than that prescribed |
| 695 | for the offense which carries the more severe penalties. A civil |
| 696 | case, a criminal case, or a denial, revocation, or suspension |
| 697 | proceeding may arise out of the same alleged state of facts, and |
| 698 | the pendency or result of one such case or proceeding shall not |
| 699 | stay or control the result of either of the others. |
| 700 | Section 8. Section 475.629, Florida Statutes, is amended |
| 701 | to read: |
| 702 | 475.629 Retention of records.-An appraiser registered, |
| 703 | licensed, or certified under this part or an appraisal |
| 704 | management company registered under this part shall retain, for |
| 705 | at least 5 years or the period specified in the Uniform |
| 706 | Standards of Professional Appraisal Practice, whichever is |
| 707 | greater, original or true copies of any contracts engaging the |
| 708 | appraiser's or appraisal management company's services, |
| 709 | appraisal reports, and supporting data assembled and formulated |
| 710 | by the appraiser or company in preparing appraisal reports or |
| 711 | engaging in appraisal management services. Except as otherwise |
| 712 | specified in the Uniform Standards of Professional Appraisal |
| 713 | Practice, the period for retention of the records applicable to |
| 714 | each engagement of the services of the appraiser or appraisal |
| 715 | management company runs from the date of the submission of the |
| 716 | appraisal report to the client. These records must be made |
| 717 | available by the appraiser or appraisal management company for |
| 718 | inspection and copying by the department upon on reasonable |
| 719 | notice to the appraiser or company. However, the department may |
| 720 | not inspect or copy the records of an appraisal management |
| 721 | company except in connection with a pending investigation or |
| 722 | complaint. If an appraisal has been the subject of or has served |
| 723 | as evidence for litigation, reports and records must be retained |
| 724 | for at least 2 years after the trial or the period specified in |
| 725 | the Uniform Standards of Professional Appraisal Practice, |
| 726 | whichever is greater. |
| 727 | Section 9. This act shall take effect July 1, 2010. |