Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 852
Barcode 667092
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2013 .
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The Committee on Regulated Industries (Thrasher) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 475.215, Florida
6 Statutes, is amended to read:
7 475.215 Multiple licenses.—
8 (1) A licensed broker may be issued upon request additional
9 licenses as a broker, but not as a sales associate or as a
10 broker associate, whenever it is clearly shown that the
11 requested additional licenses are necessary to the conduct of
12 real estate brokerage business and that the additional licenses
13 will not be used in a manner likely to be prejudicial or harmful
14 to any person, including a licensee under this chapter. The
15 commission may also deny a multiple license request pursuant to
16 s. 475.17(1)(a). A final order of discipline rendered against a
17 broker for a violation of this part or s. 455.227(1) applies to
18 the primary license of the broker as well as any multiple
19 licenses held by that broker at the time the final order becomes
20 effective.
21 Section 2. Paragraph (u) of subsection (1) of section
22 475.611, Florida Statutes, is amended to read:
23 475.611 Definitions.—
24 (1) As used in this part, the term:
25 (u) “Supervisory appraiser” means a licensed appraiser, a
26 certified residential appraiser, or a certified general
27 appraiser responsible for the direct supervision of one or more
28 registered trainee appraisers and fully responsible for
29 appraisals and appraisal reports prepared by those registered
30 trainee appraisers. The board, by rule, shall determine the
31 responsibilities of a supervisory appraiser, the geographic
32 proximity required, the minimum qualifications and standards
33 required of a licensed or certified appraiser before she or he
34 may act in the capacity of a supervisory appraiser, and the
35 maximum number of registered trainee appraisers to be supervised
36 by an individual supervisory appraiser.
37 Section 3. Subsection (1) of section 475.612, Florida
38 Statutes, is amended to read:
39 475.612 Certification, licensure, or registration
40 required.—
41 (1) A person may not use the title “certified real estate
42 appraiser,” “licensed real estate appraiser,” or “registered
43 trainee real estate appraiser,” or any abbreviation or words to
44 that effect, or issue an appraisal report, unless such person is
45 certified, licensed, or registered by the department under this
46 part. However, the work upon which an appraisal report is based
47 may be performed by a person who is not a certified or licensed
48 appraiser or registered trainee appraiser if the work is
49 supervised and approved, and the report is signed, by a
50 certified or licensed appraiser who has full responsibility for
51 all requirements of the report and valuation service. Only a
52 certified or licensed appraiser may issue an appraisal report
53 and receive direct compensation for providing valuation services
54 for the appraisal report. A registered trainee appraiser may
55 only receive compensation for appraisal services from her or his
56 authorized certified or licensed appraiser.
57 Section 4. Effective January 1, 2014, subsections (2) and
58 (6) of section 475.615, Florida Statutes, are amended to read:
59 475.615 Qualifications for registration or certification.—
60 (2) The board is authorized to waive or modify any
61 education, experience, or examination requirements established
62 in this part in order to conform with any such requirements
63 established by the Appraiser Appraisal Qualifications Board of
64 the Appraisal Foundation or any successor body recognized by
65 federal law, including any requirements adopted on December 9,
66 2011 February 20, 2004. The board shall implement this section
67 by rule.
68 (6) All applicants must be competent and qualified to make
69 real estate appraisals with safety to those with whom they may
70 undertake a relationship of trust and confidence and the general
71 public. If any applicant has been denied registration,
72 licensure, or certification, or has been disbarred, or the
73 applicant’s registration, license, or certificate to practice or
74 conduct any regulated profession, business, or vocation has been
75 revoked or suspended by this or any other state, any nation, or
76 any possession or district of the United States, or any court or
77 lawful agency thereof, because of any conduct or practices which
78 would have warranted a like result under this part, or if the
79 applicant has been guilty of conduct or practices in this state
80 or elsewhere which would have been grounds for disciplining her
81 or his registration, license, or certification under this part
82 had the applicant then been a registered trainee appraiser or a
83 licensed or certified appraiser, the applicant is shall be
84 deemed not to be qualified unless the applicant has met the
85 conditions adopted by the Appraiser Qualifications Board of the
86 Appraisal Foundation on December 9, 2011, as prescribed by rule
87 of the board and, because of lapse of time and subsequent good
88 conduct and reputation, or other reason deemed sufficient, it
89 appears to the board that the interest of the public is not
90 likely to be endangered by the granting of registration or
91 certification.
92 Section 5. Subsection (1) of section 475.6221, Florida
93 Statutes, is amended to read:
94 475.6221 Employment of and by registered trainee real
95 estate appraisers.—
96 (1) A registered trainee real estate appraiser must perform
97 appraisal services under the direct supervision of a licensed or
98 certified appraiser who is designated as the primary supervisory
99 appraiser. The primary supervisory appraiser may also designate
100 additional licensed or certified appraisers as secondary
101 supervisory appraisers. A secondary supervisory appraiser must
102 be affiliated with the same firm or business as the primary
103 supervisory appraiser and the primary or secondary supervisory
104 appraiser must have the same business address as the registered
105 trainee real estate appraiser. The primary supervisory appraiser
106 must notify the Division of Real Estate of the name and address
107 of any primary and secondary supervisory appraiser for whom the
108 registered trainee will perform appraisal services, and must
109 also notify the division within 10 days after terminating such
110 relationship. Termination of the relationship with a primary
111 supervisory appraiser automatically terminates the relationship
112 with the secondary supervisory appraiser.
113 Section 6. Except as otherwise expressly provided in this
114 act, this act shall take effect upon becoming a law.
115
116 ================= T I T L E A M E N D M E N T ================
117 And the title is amended as follows:
118 Delete everything before the enacting clause
119 and insert:
120 A bill to be entitled
121 An act relating to real estate brokers and appraisers;
122 amending s. 475.215, F.S.; providing a qualifying
123 condition for the issuance of additional licenses to a
124 licensed broker; providing grounds for the Florida
125 Real Estate Commission to deny multiple license
126 requests; providing for applicability and effect of
127 certain final orders of discipline on primary and
128 multiple licenses held by a broker; amending s.
129 475.611, F.S.; revising the definition of the term
130 “supervisory appraiser”; amending s. 475.612, F.S.;
131 revising a provision specifying from whom a registered
132 trainee appraiser may receive compensation; amending
133 s. 475.615, F.S.; revising certain exceptions from
134 provisions specifying that certain applicants for
135 certification or registration as an appraiser or
136 trainee appraiser are not deemed to be qualified for
137 such certification or registration; revising the dated
138 version of certain requirements adopted by the
139 Appraiser Qualifications Board of the Appraisal
140 Foundation based upon which the Florida Real Estate
141 Appraisal Board is authorized to waive or modify
142 certain education, experience, or examination
143 requirements applicable to certified appraisers and
144 registered trainee appraisers; amending s. 475.6221,
145 F.S.; deleting authority for a licensed appraiser to
146 act as the direct supervisor of a registered trainee
147 real estate appraiser; providing effective dates.