HB 4153

1	A bill to be entitled
2	An act relating to real estate brokers, sales
3	associates, schools, and appraisers; amending ss.
4	475.180, 475.6235, and 475.631 F.S.; eliminating
5	provisions requiring nonresident applicants for
6	licensure, certification, or registration to file an
7	irrevocable written consent relating to certain
8	service of process; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Subsection (2) of section 475.180, Florida
13	Statutes, is amended to read:
14	475.180  Nonresident licenses.-
15	(2)(a)  Any applicant who is not a resident of this state
16	shall file an irrevocable consent that suits and actions may be
17	commenced against her or him in any county of this state in
18	which a plaintiff having a cause of action or suit against her
19	or him resides, and that service of any process or pleading in
20	suits or actions against her or him may be made by delivering
21	the process or pleading to the director of the Division of Real
22	Estate by certified mail, return receipt requested, and also to
23	the licensee by registered mail addressed to the licensee at her
24	or his designated principal place of business. Service, when so
25	made, must be taken and held in all courts to be as valid and
26	binding upon the licensee as if made upon her or him in this
27	state within the jurisdiction of the court in which the suit or
28	action is filed. The irrevocable consent must be in a form
29	prescribed by the department and be acknowledged before a notary
30	public.
31	(a)(b)  Any resident licensee who becomes a nonresident
32	shall, within 60 days, notify the commission of the change in
33	residency and comply with nonresident requirements. Failure to
34	notify and comply is a violation of the license law, subject to
35	the penalties in s. 475.25.
36	(b)(c)  All nonresident applicants and licensees shall
37	comply with all requirements of commission rules and this part.
38	The commission may adopt rules necessary for the regulation of
39	nonresident licensees.
40	Section 2.  Subsections (7) and (8) of section 475.6235,
41	Florida Statutes, are amended to read:
42	475.6235  Registration of appraisal management companies
43	required.-
44	(7)  An applicant for registration who is not a resident of
45	the state shall file an irrevocable consent that suits and
46	actions may be commenced against the appraisal management
47	company in any county of the state in which a plaintiff having a
48	cause of action or suit against the company resides and that
49	service of any process or pleading in suits or actions against
50	the company may be made by delivering the process or pleading to
51	the director of the Division of Real Estate by certified mail,
52	return receipt requested, and also to the appraisal management
53	company by registered mail addressed to the company's designated
54	principal business location or, if its principal business
55	location is located in this state, to the company's registered
56	agent. Service, when so made, must be taken and held in all
57	courts to be as valid and binding upon the appraisal management
58	company as if made upon the company in this state within the
59	jurisdiction of the court in which the suit or action is filed.
60	The irrevocable consent must be in a form prescribed by the
61	department and be acknowledged before a notary public.
62	(7)(8)  The department shall renew the registration of an
63	appraisal management company upon receipt of the renewal
64	application and the proper fee. The department shall adopt rules
65	establishing a procedure for renewal of the registration of an
66	appraisal management company at least every 4 years.
67	Section 3.  Subsection (2) of section 475.631, Florida
68	Statutes, is amended to read:
69	475.631  Nonresident licenses and certifications.-
70	(2)(a)  An applicant who is not a resident of this state
71	shall file an irrevocable consent that suits and actions may be
72	commenced against her or him in any county of this state in
73	which a plaintiff having a cause of action or suit against her
74	or him resides and that service of any process or pleading in
75	suits or actions against her or him may be made by delivering
76	the process or pleading to the director of the Division of Real
77	Estate by certified mail, return receipt requested, and also to
78	the certified appraiser or licensee by registered mail addressed
79	to the certified appraiser or licensee at her or his designated
80	principal place of business. Service, when so made, must be
81	taken and held in all courts to be as valid and binding upon the
82	certified appraiser or licensee as if made upon her or him in
83	this state within the jurisdiction of the court in which the
84	suit or action is filed. The irrevocable consent must be in a
85	form prescribed by the department and be acknowledged before a
86	notary public.
87	(a)(b)  Any resident state-certified appraiser who becomes
88	a nonresident shall, within 60 days, notify the board of the
89	change in residency and comply with nonresident requirements.
90	Failure to notify and comply is a violation of the license law,
91	subject to the penalties in s. 475.624.
92	(b)(c)  All nonresident applicants, certified appraisers,
93	and licensees shall comply with all requirements of board rules
94	and this part. The board may adopt rules pursuant to ss.
95	120.536(1) and 120.54 necessary for the regulation of
96	nonresident certified appraisers and licensees.
97	Section 4.  This act shall take effect July 1, 2012.

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