_h0303c1
CS/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;
11specifying application requirements and procedures;
12requiring the fingerprinting and criminal history records
13checks of, and providing qualifications for, certain
14persons who control appraisal management companies;
15requiring nonresident appraisal management companies to
16consent to commencement of actions in this state;
17requiring the department to adopt rules relating to the
18renewal 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.-
214     (1)  A person may not engage in appraisal management
215services for compensation in this state, advertise or represent
216herself or himself as an appraisal management company, or use
217the titles "appraisal management company," "appraiser
218cooperative," "appraiser portal," or "mortgage technology
219company," or any abbreviation or words to that effect, unless
220the person is registered with the department as an appraisal
221management company under this section. However, an employee of
222an appraisal management company is not required to obtain a
223separate registration.
224     (2)  An application for registration must be submitted to
225the department in the format prescribed by the department and
226must include, at a minimum, the following:
227     (a)  The firm or business name under which the appraisal
228management company conducts business in this state. The
229appraisal management company must notify the department of any
230change in the firm or business name, on a form provided by the
231department, within 10 days after such change.
232     (b)  The mailing address, street address, and telephone
233number of the appraisal management company's principal business
234location. The appraisal management company must notify the
235department of any change in the mailing or street address, on a
236form provided by the department, within 10 days after such
237change.
238     (c)  The appraisal management company's federal employer
239identification number.
240     (d)  The appraisal management company's type of business
241organization, such as a corporation, partnership, limited
242liability company, or sole proprietorship.
243     (e)  A statement as to whether the appraisal management
244company, if incorporated, is a domestic or foreign corporation,
245the company's date of incorporation, the state in which the
246company was incorporated, its charter number, and, if it is a
247foreign corporation, the date that the company first registered
248with the Department of State to conduct business in this state.
249     (f)  The full name, street address, telephone number,
250corporate title, and social security number or federal employer
251identification number of any person who possesses the authority,
252directly or indirectly, to direct the management or policies of
253the appraisal management company, whether through ownership, by
254contract, or otherwise, including, but not limited to:
255     1.  Each officer and director if the appraisal management
256company is a corporation.
257     2.  Each general partner if the appraisal management
258company is a partnership.
259     3.  Each manager or managing member if the appraisal
260management company is a limited liability company.
261     4.  The owner if the appraisal management company is a sole
262proprietorship.
263     5.  Each other person who, directly or indirectly, owns or
264controls 10 percent or more of an ownership interest in the
265appraisal management company.
266     (g)  The firm or business name under which any person
267listed in paragraph (f) conducted business as an appraisal
268management company within the 5 years preceding the date of the
269application.
270     (h)  The appraisal management company's registered agent
271for service of process in this state.
272     (3)  Appropriate fees, as set forth in the rules of the
273board pursuant to s. 475.6147, and a complete set of
274fingerprints for each person listed in paragraph (2)(f) must
275accompany all applications for registration. The fingerprints
276shall be forwarded to the Division of Criminal Justice
277Information Systems within the Department of Law Enforcement for
278purposes of processing the fingerprints to determine whether the
279person has a criminal history record. The fingerprints shall
280also be forwarded to the Federal Bureau of Investigation for
281purposes of processing the fingerprints to determine whether the
282person has a criminal history record. The information obtained
283by the processing of fingerprints by the Department of Law
284Enforcement and the Federal Bureau of Investigation shall be
285sent to the department for the purpose of determining whether
286the appraisal management company is statutorily qualified for
287registration.
288     (4)  At the time of filing an application for registration
289of an appraisal management company, each person listed in
290paragraph (2)(f) must sign a pledge to comply with the Uniform
291Standards of Professional Appraisal Practice upon registration
292and must indicate in writing that she or he understands the
293types of misconduct for which disciplinary proceedings may be
294initiated. The application shall expire 1 year after the date
295received.
296     (5)  Each person listed in paragraph (2)(f) must be
297competent and qualified to engage in appraisal management
298services with safety to the general public and those with whom
299the person may undertake a relationship of trust and confidence.
300If any person listed in paragraph (2)(f) has been denied
301registration, licensure, or certification as an appraiser or has
302been disbarred, or if the person's registration, license, or
303certificate to practice or conduct any regulated profession,
304business, or vocation has been revoked or suspended by this or
305any other state, any nation, any possession or district of the
306United States, or any court or lawful agency thereof because of
307any conduct or practices that would have warranted a like result
308under this part, or if the person has been guilty of conduct or
309practices in this state or elsewhere that would have been
310grounds for disciplining her or his registration, license, or
311certification under this part had the person then been a
312registered trainee appraiser or a licensed or certified
313appraiser, the person shall be deemed not to be qualified
314unless, because of lapse of time and subsequent good conduct and
315reputation, or other reason deemed sufficient, it appears to the
316board that the interest of the public is not likely to be
317endangered by the granting of registration.
318     (6)  An applicant seeking to become registered under this
319part as an appraisal management company may not be rejected
320solely by virtue of membership or lack of membership of any
321person listed in paragraph (2)(f) or any employee of the company
322in any particular appraisal organization.
323     (7)  An applicant for registration who is not a resident of
324the state shall file an irrevocable consent that suits and
325actions may be commenced against the appraisal management
326company in any county of the state in which a plaintiff having a
327cause of action or suit against the company resides and that
328service of any process or pleading in suits or actions against
329the company may be made by delivering the process or pleading to
330the director of the Division of Real Estate by certified mail,
331return receipt requested, and also to the appraisal management
332company by registered mail addressed to the company's designated
333principal business location or, if its principal business
334location is located in this state, to the company's registered
335agent. Service, when so made, must be taken and held in all
336courts to be as valid and binding upon the appraisal management
337company as if made upon the company in this state within the
338jurisdiction of the court in which the suit or action is filed.
339The irrevocable consent must be in a form prescribed by the
340department and be acknowledged before a notary public.
341     (8)  The department shall renew the registration of an
342appraisal management company upon receipt of the renewal
343application and the proper fee. The department shall adopt rules
344establishing a procedure for renewal of the registration of an
345appraisal management company at least every 4 years.
346     Section 5.  Section 475.624, Florida Statutes, is amended
347to read:
348     475.624  Discipline.-
349     (1)  The board may deny an application for registration or
350certification of an appraiser or registration of an appraisal
351management company; may investigate the actions of any appraiser
352registered, licensed, or certified under this part or any
353appraisal management company registered under this part; may
354reprimand or impose an administrative fine not to exceed $5,000
355for each count or separate offense against any such appraiser or
356appraisal management company; and may revoke or suspend, for a
357period not to exceed 10 years, the registration, license, or
358certification of any such appraiser or the registration of any
359such appraisal management company, or place any such appraiser
360or appraisal management company on probation, if the board it
361finds that the registered trainee, licensee, or
362certificateholder or the appraisal management company or any
363person listed in s. 475.6235(2)(f):
364     (a)(1)  Has violated any provisions of this part or s.
365455.227(1); however, certificateholders, registrants, and
366licensees, and registered appraisal management companies under
367this part are exempt from the provisions of s. 455.227(1)(i).
368     (b)(2)  Has been guilty of fraud, misrepresentation,
369concealment, false promises, false pretenses, dishonest conduct,
370culpable negligence, or breach of trust in any business
371transaction in this state or any other state, nation, or
372territory; has violated a duty imposed upon her or him by law or
373by the terms of a contract, whether written, oral, express, or
374implied, in an appraisal assignment; has aided, assisted, or
375conspired with any other person engaged in any such misconduct
376and in furtherance thereof; or has formed an intent, design, or
377scheme to engage in such misconduct and committed an overt act
378in furtherance of such intent, design, or scheme. It is
379immaterial to the guilt of the registered trainee, licensee, or
380certificateholder, or appraisal management company that the
381victim or intended victim of the misconduct has sustained no
382damage or loss; that the damage or loss has been settled and
383paid after discovery of the misconduct; or that such victim or
384intended victim was a customer or a person in confidential
385relation with the registered trainee, licensee, or
386certificateholder, or appraisal management company or was an
387identified member of the general public.
388     (c)(3)  Has advertised services in a manner which is
389fraudulent, false, deceptive, or misleading in form or content.
390     (d)(4)  Has violated any of the provisions of this part or
391any lawful order or rule issued under the provisions of this
392part or chapter 455.
393     (e)(5)  Has been convicted or found guilty of, or entered a
394plea of nolo contendere to, regardless of adjudication, a crime
395in any jurisdiction which directly relates to the activities of
396a registered trainee appraiser, or licensed or certified
397appraiser, or appraisal management company or which involves
398moral turpitude or fraudulent or dishonest conduct. The record
399of a conviction certified or authenticated in such form as
400admissible in evidence under the laws of the state shall be
401admissible as prima facie evidence of such guilt.
402     (f)(6)  Has had a registration, license, or certification
403as an appraiser or a registration as an appraisal management
404company revoked, suspended, or otherwise acted against, or has
405been disbarred, or has had her or his registration, license, or
406certificate to practice or conduct any regulated profession,
407business, or vocation revoked or suspended by this or any other
408state, any nation, or any possession or district of the United
409States, or has had an application for such registration,
410licensure, or certification to practice or conduct any regulated
411profession, business, or vocation denied by this or any other
412state, any nation, or any possession or district of the United
413States.
414     (g)(7)  Has become temporarily incapacitated from acting as
415an appraiser or appraisal management company with safety to
416those in a fiduciary relationship with her or him because of
417drunkenness, use of drugs, or temporary mental derangement;
418however, suspension of a license, certification, or registration
419in such cases shall only be for the period of such incapacity.
420     (h)(8)  Is confined in any county jail, postadjudication;
421is confined in any state or federal prison or mental
422institution; or, through mental disease or deterioration, can no
423longer safely be entrusted to deal with the public or in a
424confidential capacity.
425     (i)(9)  Has failed to inform the board in writing within 30
426days after pleading guilty or nolo contendere to, or being
427convicted or found guilty of, any felony.
428     (j)(10)  Has been found guilty, for a second time, of any
429misconduct that warrants disciplinary action, or has been found
430guilty of a course of conduct or practice which shows that she
431or he is incompetent, negligent, dishonest, or untruthful to an
432extent that those with whom she or he may sustain a confidential
433relationship may not safely do so.
434     (k)(11)  Has made or filed a report or record, either
435written or oral, which the registered trainee, licensee, or
436certificateholder, or appraisal management company knows to be
437false; has willfully failed to file a report or record required
438by state or federal law; or has willfully impeded or obstructed
439such filing, or has induced another person to impede or obstruct
440such filing. However, such reports or records shall include only
441those which are signed or presented in the capacity of a
442registered trainee appraiser, or licensed or certified
443appraiser, or appraisal management company.
444     (l)(12)  Has obtained or attempted to obtain a
445registration, license, or certification by means of knowingly
446making a false statement, submitting false information, refusing
447to provide complete information in response to an application
448question, or engaging in fraud, misrepresentation, or
449concealment.
450     (m)(13)  Has paid money or other valuable consideration,
451except as required by this section, to any member or employee of
452the board to obtain a registration, license, or certification
453under this section.
454     (n)(14)  Has violated any standard for the development or
455communication of a real estate appraisal or other provision of
456the Uniform Standards of Professional Appraisal Practice.
457     (o)(15)  Has failed or refused to exercise reasonable
458diligence in developing an appraisal or preparing an appraisal
459report.
460     (p)(16)  Has failed to communicate an appraisal without
461good cause.
462     (q)(17)  Has accepted an appraisal assignment if the
463employment itself is contingent upon the appraiser or appraisal
464management company reporting a predetermined result, analysis,
465or opinion, or if the fee to be paid for the performance of the
466appraisal assignment is contingent upon the opinion, conclusion,
467or valuation reached upon the consequences resulting from the
468appraisal assignment.
469     (r)(18)  Has failed to timely notify the department of any
470change in business location, or has failed to fully disclose all
471business locations from which she or he operates as a registered
472trainee real estate appraiser or licensed or certified real
473estate appraiser.
474     (s)  Has failed to timely notify the department of any
475change in principal business location as an appraisal management
476company.
477     (t)  Has influenced or attempted to influence the
478development, reporting, or review of an appraisal through
479coercion, extortion, collusion, compensation, inducement,
480intimidation, bribery, or any other means, including, but not
481limited to:
482     1.  Withholding or threatening to withhold timely payment
483for an appraisal.
484     2.  Withholding or threatening to withhold future business
485from an appraiser.
486     3.  Promising future business, promotions, or increased
487compensation for an appraiser, whether the promise is express or
488implied.
489     4.  Conditioning a request for appraisal services or the
490payment of an appraisal fee, salary, or bonus upon the opinion,
491conclusion, or valuation to be reached or upon a preliminary
492estimate or opinion requested from an appraiser.
493     5.  Requesting that an appraiser provide an estimated,
494predetermined, or desired valuation in an appraisal report or
495provide estimated values or comparable sales at any time before
496the appraiser's completion of appraisal services.
497     6.  Providing to an appraiser an anticipated, estimated,
498encouraged, or desired value for a subject property or a
499proposed or target amount to be loaned to the borrower, except
500that a copy of the sales contract for purchase transactions may
501be provided.
502     7.  Providing to an appraiser, or any person related to the
503appraiser, stock or other financial or nonfinancial benefits.
504     8.  Allowing the removal of an appraiser from an appraiser
505panel without prior written notice to the appraiser.
506     9.  Obtaining, using, or paying for a second or subsequent
507appraisal or ordering an automated valuation model in connection
508with a mortgage financing transaction unless there is a
509reasonable basis to believe that the initial appraisal was
510flawed or tainted and such basis is clearly and appropriately
511noted in the loan file, or unless such appraisal or automated
512valuation model is issued pursuant to a bona fide prefunding or
513postfunding appraisal review or quality control process.
514     10.  Any other act or practice that impairs or attempts to
515impair an appraiser's independence, objectivity, or
516impartiality.
517     (u)  Has altered, modified, or otherwise changed a
518completed appraisal report submitted by an appraiser to an
519appraisal management company.
520     (v)  Has employed, contracted with, or otherwise retained
521an appraiser whose registration, license, or certification is
522suspended or revoked to perform appraisal services or appraisal
523management services.
524     (2)  The board may reprimand an appraisal management
525company, conditionally or unconditionally suspend or revoke any
526registration of an appraisal management company issued under
527this part, or impose administrative fines not to exceed $5,000
528for each count or separate offense against any such appraisal
529management company if the board determines that the appraisal
530management company is attempting to perform, has performed, or
531has attempted to perform any of the following acts:
532     (a)  Committing any act in violation of this part.
533     (b)  Violating any rule adopted by the board under this
534part.
535     (c)  Obtaining a registration of an appraisal management
536company by fraud, misrepresentation, or deceit.
537     (3)  This section does not prohibit an appraisal management
538company from requesting that an appraiser:
539     (a)  Provide additional information about the basis of a
540valuation, including consideration of additional comparable
541data; or
542     (b)  Correct objective factual errors in an appraisal
543report.
544     Section 6.  Section 475.626, Florida Statutes, is amended
545to read:
546     475.626  Violations and penalties.-
547     (1)  A person may not: VIOLATIONS.-
548     (a)  No person shall Operate or attempt to operate as a
549registered trainee appraiser, a or licensed or certified
550appraiser, or an appraisal management company without being the
551holder of a valid and current registration, license, or
552certification.
553     (b)  No person shall Violate any lawful order or rule of
554the board which is binding upon her or him.
555     (c)  No person shall Commit any conduct or practice set
556forth in s. 475.624(1) or (2).
557     (d)  No person shall Make any false affidavit or
558affirmation intended for use as evidence by or before the board
559or any member thereof, or by any of its authorized
560representatives, nor may shall any person give false testimony
561under oath or affirmation to or before the board or any member
562thereof in any proceeding authorized by this section.
563     (e)  No person shall Fail or refuse to appear at the time
564and place designated in a subpoena issued with respect to a
565violation of this section, unless such failure to appear is the
566result of facts or circumstances that are sufficient to excuse
567appearance in response to a subpoena from the circuit court; nor
568may shall a person who is present before the board or a member
569thereof or one of its authorized representatives acting under
570authority of this section refuse to be sworn or to affirm or
571fail or refuse to answer fully any question propounded by the
572board, the member, or such representative, or by any person by
573the authority of such officer or appointee.
574     (f)  No person shall Obstruct or hinder in any manner the
575enforcement of this section or the performance of any lawful
576duty by any person acting under the authority of this section,
577or interfere with, intimidate, or offer any bribe to any member
578of the board or any of its employees or any person who is, or is
579expected to be, a witness in any investigation or proceeding
580relating to a violation of this section.
581     (g)  No person shall Knowingly conceal any information
582relating to violations of this section.
583     (2)  A PENALTIES.-Any person who violates any provision of
584the provisions of subsection (1) commits is guilty of a
585misdemeanor of the second degree, punishable as provided in s.
586775.082 or s. 775.083, except when a different punishment is
587prescribed by this section. Nothing in This section does not
588shall prohibit the prosecution under any other criminal statute
589of this state of any person for an act or conduct prohibited by
590this section; however, in such cases, the state may prosecute
591under this section or under such other statute, or may charge
592both offenses in one prosecution, but the sentence imposed shall
593not be a greater fine or longer sentence than that prescribed
594for the offense which carries the more severe penalties. A civil
595case, a criminal case, or a denial, revocation, or suspension
596proceeding may arise out of the same alleged state of facts, and
597the pendency or result of one such case or proceeding shall not
598stay or control the result of either of the others.
599     Section 7.  Section 475.629, Florida Statutes, is amended
600to read:
601     475.629  Retention of records.-An appraiser registered,
602licensed, or certified under this part or an appraisal
603management company registered under this part shall retain, for
604at least 5 years or the period specified in the Uniform
605Standards of Professional Appraisal Practice, whichever is
606greater, original or true copies of any contracts engaging the
607appraiser's or appraisal management company's services,
608appraisal reports, and supporting data assembled and formulated
609by the appraiser or company in preparing appraisal reports or
610engaging in appraisal management services. Except as otherwise
611specified in the Uniform Standards of Professional Appraisal
612Practice, the period for retention of the records applicable to
613each engagement of the services of the appraiser or appraisal
614management company runs from the date of the submission of the
615appraisal report to the client. These records must be made
616available by the appraiser or appraisal management company for
617inspection and copying by the department upon on reasonable
618notice to the appraiser or company. However, the department may
619not inspect or copy the records of an appraisal management
620company except in connection with a pending investigation or
621complaint. If an appraisal has been the subject of or has served
622as evidence for litigation, reports and records must be retained
623for at least 2 years after the trial or the period specified in
624the Uniform Standards of Professional Appraisal Practice,
625whichever is greater.
626     Section 8.  This act shall take effect July 1, 2010.


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

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