January 27, 2021
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CS/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.;
19conforming provisions to changes made by the act; creating
20s. 475.6245, F.S.; providing for the discipline of
21appraisal management companies by the board; amending s.
22475.626, F.S.; providing penalties; conforming provisions
23to changes made by the act; amending s. 475.629, F.S.;
24revising requirements for the retention of appraisal
25records; requiring appraisal management companies to
26follow such requirements; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (1) of section 475.611, Florida
31Statutes, 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
35provided by certified or licensed appraisers or registered
36trainee appraisers, and includes:
37     1.  "Appraisal assignment" denotes an engagement for which
38a person is employed or retained to act, or could be perceived
39by third parties or the public as acting, as an agent or a
40disinterested third party in rendering an unbiased analysis,
41opinion, review, or conclusion relating to the nature, quality,
42value, or utility of specified interests in, or aspects of,
43identified real property.
44     2.  "Analysis assignment" denotes appraisal services that
45relate to the employer's or client's individual needs or
46investment objectives and includes specialized marketing,
47financing, and feasibility studies as well as analyses,
48opinions, and conclusions given in connection with activities
49such as real estate brokerage, mortgage banking, real estate
50counseling, or real estate consulting.
51     3.  "Appraisal review assignment" denotes an engagement for
52which an appraiser is employed or retained to develop and
53communicate an opinion about the quality of another appraiser's
54appraisal, appraisal report, or work. An appraisal review may or
55may not contain the reviewing appraiser's opinion of value.
56     (b)  "Appraisal Foundation" or "foundation" means the
57Appraisal Foundation established on November 20, 1987, as a not-
58for-profit corporation under the laws of Illinois.
59     (c)  "Appraisal management company" means a person who
60performs appraisal management services.
61     (d)  "Appraisal management services" means the coordination
62or management of appraisal services for compensation by:
63     1.  Employing, contracting with, or otherwise retaining one
64or more appraisers to perform appraisal services for a client;
65or
66     2.  Acting as a broker or intermediary between a client and
67one or more appraisers to facilitate the client's employing,
68contracting with, or otherwise retaining the appraisers.
69     (e)(c)  "Appraisal report" means any communication, written
70or oral, of an appraisal, appraisal review, appraisal consulting
71service, analysis, opinion, or conclusion relating to the
72nature, quality, value, or utility of a specified interest in,
73or aspect of, identified real property, and includes any report
74communicating an appraisal analysis, opinion, or conclusion of
75value, regardless of title. However, in order to be recognized
76in a federally related transaction, an appraisal report must be
77written.
78     (f)(d)  "Appraisal review" means the act or process of
79developing and communicating an opinion about the quality of
80another appraiser's appraisal, appraisal report, or work.
81     (g)(e)  "Appraisal subcommittee" means the designees of the
82heads of the federal financial institutions regulatory agencies
83established by the Federal Financial Institutions Examination
84Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended.
85     (h)(f)  "Appraiser" means any person who is a registered
86trainee real estate appraiser, a licensed real estate appraiser,
87or a certified real estate appraiser. An appraiser renders a
88professional service and is a professional within the meaning of
89s. 95.11(4)(a).
90     (i)  "Appraiser panel" means a group of appraisers selected
91by an appraisal management company to perform appraisal services
92for clients on behalf of the company.
93     (j)(g)  "Board" means the Florida Real Estate Appraisal
94Board established under this section.
95     (k)(h)  "Certified general appraiser" means a person who is
96certified by the department as qualified to issue appraisal
97reports for any type of real property.
98     (l)(i)  "Certified residential appraiser" means a person
99who is certified by the department as qualified to issue
100appraisal reports for residential real property of one to four
101residential units, without regard to transaction value or
102complexity, or real property as may be authorized by federal
103regulation.
104     (m)  "Client" means a person who contracts with an
105appraiser or appraisal management company for the performance of
106appraisal services.
107     (n)(j)  "Department" means the Department of Business and
108Professional Regulation.
109     (o)(k)  "Direct supervision" means the degree of
110supervision required of a supervisory appraiser overseeing the
111work of a registered trainee appraiser by which the supervisory
112appraiser has control over and detailed professional knowledge
113of the work being done. Direct supervision is achieved when a
114registered trainee appraiser has regular direction, guidance,
115and support from a supervisory appraiser who has the
116competencies as determined by rule of the board.
117     (p)(l)  "Federally related transaction" means any real
118estate-related financial transaction which a federal financial
119institutions regulatory agency or the Resolution Trust
120Corporation engages in, contracts for, or regulates, and which
121requires the services of a state-licensed or state-certified
122appraiser.
123     (q)(m)  "Licensed appraiser" means a person who is licensed
124by the department as qualified to issue appraisal reports for
125residential real property of one to four residential units or on
126such real estate or real property as may be authorized by
127federal regulation. After July 1, 2003, the department shall not
128issue licenses for the category of licensed appraiser.
129     (r)(n)  "Registered trainee appraiser" means a person who
130is registered with the department as qualified to perform
131appraisal services only under the direct supervision of a
132licensed or certified appraiser. A registered trainee appraiser
133may accept appraisal assignments only from her or his primary or
134secondary supervisory appraiser.
135     (s)  "Signature" means personalized evidence indicating
136authentication of work performed by an appraiser and the
137acceptance of responsibility for the content of an appraisal,
138appraisal review, or appraisal consulting service or conclusions
139in an appraisal report.
140     (t)(o)  "Supervisory appraiser" means a licensed appraiser,
141a certified residential appraiser, or a certified general
142appraiser responsible for the direct supervision of one or more
143registered trainee appraisers and fully responsible for
144appraisals and appraisal reports prepared by those registered
145trainee appraisers. The board, by rule, shall determine the
146responsibilities of a supervisory appraiser, the geographic
147proximity required, the minimum qualifications and standards
148required of a licensed or certified appraiser before she or he
149may act in the capacity of a supervisory appraiser, and the
150maximum number of registered trainee appraisers to be supervised
151by an individual supervisory appraiser.
152     (u)(p)  "Training" means the process of providing for and
153making available to a registered trainee appraiser, under direct
154supervision, a planned, prepared, and coordinated program, or
155routine of instruction and education, in appraisal professional
156and technical appraisal skills as determined by rule of the
157board.
158     (v)(q)  "Uniform Standards of Professional Appraisal
159Practice" means the most recent standards approved and adopted
160by the Appraisal Standards Board of the Appraisal Foundation.
161     (w)(r)  "Valuation services" means services pertaining to
162aspects of property value and includes such services performed
163by certified appraisers, registered trainee appraisers, and
164others.
165     (x)(s)  "Work file" means the documentation necessary to
166support an appraiser's analysis, opinions, and conclusions.
167     Section 2.  Section 475.614, Florida Statutes, is amended
168to read:
169     475.614  Power of board to adopt rules and decide questions
170of practice; requirements for protection of appraiser's
171signature.-
172     (1)  The board has authority to adopt rules pursuant to ss.
173120.536(1) and 120.54 to implement provisions of law conferring
174duties upon it. The board may decide questions of practice
175arising in the proceedings before it, having regard to this
176section and the rules then in force.
177     (2)  The board shall adopt rules specifying the means by
178which an appraiser's signature may be affixed to an appraisal
179report or other work performed by the appraiser. The rules shall
180include requirements for protecting the security of an
181appraiser's signature and prohibiting practices that may
182discredit the use of an appraiser's signature to authenticate
183the work performed by the appraiser.
184     Section 3.  Subsection (1) of section 475.6147, Florida
185Statutes, is amended to read:
186     475.6147  Fees.-
187     (1)(a)  The board by rule may establish fees to be paid for
188application, licensing and renewal, certification and
189recertification, registration and reregistration, reinstatement,
190and recordmaking and recordkeeping.
191     (b)  The fee for initial application of an appraiser may
192not exceed $150, and the combined cost of the application and
193examination may not exceed $300. The initial certification,
194registration, or license fee and the certification,
195registration, or license renewal fee may not exceed $150 for
196each year of the duration of the certification, registration, or
197license.
198     (c)  The fee for initial application of an appraisal
199management company may not exceed $150. The initial registration
200and registration renewal fee may not exceed $150 for each year
201of the duration of the registration.
202     (d)  The board may also establish by rule a late renewal
203penalty.
204     (e)  The board shall establish fees which are adequate to
205ensure its continued operation. Fees shall be based on estimates
206made by the department of the revenue required to implement this
207part and other provisions of law relating to the regulation of
208real estate appraisers.
209     Section 4.  Section 475.6235, Florida Statutes, is created
210to read:
211     475.6235  Registration of appraisal management companies
212required.-
213     (1)  A person may not engage in appraisal management
214services for compensation in this state, advertise or represent
215herself or himself as an appraisal management company, or use
216the titles "appraisal management company," "appraiser
217cooperative," "appraiser portal," or "mortgage technology
218company," or any abbreviation or words to that effect, unless
219the person is registered with the department as an appraisal
220management company under this section. However, an employee of
221an appraisal management company is not required to obtain a
222separate registration.
223     (2)  An application for registration must be submitted to
224the department in the format prescribed by the department and
225must include, at a minimum, the following:
226     (a)  The firm or business name under which the appraisal
227management company conducts business in this state. The
228appraisal management company must notify the department of any
229change in the firm or business name, on a form provided by the
230department, within 10 days after such change.
231     (b)  The mailing address, street address, and telephone
232number of the appraisal management company's principal business
233location. The appraisal management company must notify the
234department of any change in the mailing or street address, on a
235form provided by the department, within 10 days after such
236change.
237     (c)  The appraisal management company's federal employer
238identification number.
239     (d)  The appraisal management company's type of business
240organization, such as a corporation, partnership, limited
241liability company, or sole proprietorship.
242     (e)  A statement as to whether the appraisal management
243company, if incorporated, is a domestic or foreign corporation,
244the company's date of incorporation, the state in which the
245company was incorporated, its charter number, and, if it is a
246foreign corporation, the date that the company first registered
247with the Department of State to conduct business in this state.
248     (f)  The full name, street address, telephone number,
249corporate title, and social security number or federal employer
250identification number of any person who possesses the authority,
251directly or indirectly, to direct the management or policies of
252the appraisal management company, whether through ownership, by
253contract, or otherwise, including, but not limited to:
254     1.  Each officer and director if the appraisal management
255company is a corporation.
256     2.  Each general partner if the appraisal management
257company is a partnership.
258     3.  Each manager or managing member if the appraisal
259management company is a limited liability company.
260     4.  The owner if the appraisal management company is a sole
261proprietorship.
262     5.  Each other person who, directly or indirectly, owns or
263controls 10 percent or more of an ownership interest in the
264appraisal management company.
265     (g)  The firm or business name under which any person
266listed in paragraph (f) conducted business as an appraisal
267management company within the 5 years preceding the date of the
268application.
269     (h)  The appraisal management company's registered agent
270for service of process in this state.
271     (3)  Appropriate fees, as set forth in the rules of the
272board pursuant to s. 475.6147, and a complete set of
273fingerprints for each person listed in paragraph (2)(f) must
274accompany all applications for registration. The fingerprints
275shall be forwarded to the Division of Criminal Justice
276Information Systems within the Department of Law Enforcement for
277purposes of processing the fingerprints to determine whether the
278person has a criminal history record. The fingerprints shall
279also be forwarded to the Federal Bureau of Investigation for
280purposes of processing the fingerprints to determine whether the
281person has a criminal history record. The information obtained
282by the processing of fingerprints by the Department of Law
283Enforcement and the Federal Bureau of Investigation shall be
284sent to the department for the purpose of determining whether
285the appraisal management company is statutorily qualified for
286registration.
287     (4)  At the time of filing an application for registration
288of an appraisal management company, each person listed in
289paragraph (2)(f) must sign a pledge to comply with the Uniform
290Standards of Professional Appraisal Practice upon registration
291and must indicate in writing that she or he understands the
292types of misconduct for which disciplinary proceedings may be
293initiated. The application shall expire 1 year after the date
294received.
295     (5)  Each person listed in paragraph (2)(f) must be
296competent and qualified to engage in appraisal management
297services with safety to the general public and those with whom
298the person may undertake a relationship of trust and confidence.
299If any person listed in paragraph (2)(f) has been denied
300registration, licensure, or certification as an appraiser or has
301been disbarred, or if the person's registration, license, or
302certificate to practice or conduct any regulated profession,
303business, or vocation has been revoked or suspended by this or
304any other state, any nation, any possession or district of the
305United States, or any court or lawful agency thereof because of
306any conduct or practices that would have warranted a like result
307under this part, or if the person has been guilty of conduct or
308practices in this state or elsewhere that would have been
309grounds for disciplining her or his registration, license, or
310certification under this part had the person then been a
311registered trainee appraiser or a licensed or certified
312appraiser, the person shall be deemed not to be qualified
313unless, because of lapse of time and subsequent good conduct and
314reputation, or other reason deemed sufficient, it appears to the
315board that the interest of the public is not likely to be
316endangered by the granting of registration.
317     (6)  An applicant seeking to become registered under this
318part as an appraisal management company may not be rejected
319solely by virtue of membership or lack of membership of any
320person listed in paragraph (2)(f) or any employee of the company
321in any particular appraisal organization.
322     (7)  An applicant for registration who is not a resident of
323the state shall file an irrevocable consent that suits and
324actions may be commenced against the appraisal management
325company in any county of the state in which a plaintiff having a
326cause of action or suit against the company resides and that
327service of any process or pleading in suits or actions against
328the company may be made by delivering the process or pleading to
329the director of the Division of Real Estate by certified mail,
330return receipt requested, and also to the appraisal management
331company by registered mail addressed to the company's designated
332principal business location or, if its principal business
333location is located in this state, to the company's registered
334agent. Service, when so made, must be taken and held in all
335courts to be as valid and binding upon the appraisal management
336company as if made upon the company in this state within the
337jurisdiction of the court in which the suit or action is filed.
338The irrevocable consent must be in a form prescribed by the
339department and be acknowledged before a notary public.
340     (8)  The department shall renew the registration of an
341appraisal management company upon receipt of the renewal
342application and the proper fee. The department shall adopt rules
343establishing a procedure for renewal of the registration of an
344appraisal management company at least every 4 years.
345     Section 5.  Section 475.624, Florida Statutes, is amended
346to read:
347     475.624  Discipline of appraisers.-The board may deny an
348application for registration or certification of an appraiser;
349may investigate the actions of any appraiser registered,
350licensed, or certified under this part; may reprimand or impose
351an administrative fine not to exceed $5,000 for each count or
352separate offense against any such appraiser; and may revoke or
353suspend, for a period not to exceed 10 years, the registration,
354license, or certification of any such appraiser, or place any
355such appraiser on probation, if the board it finds that the
356registered trainee, licensee, or certificateholder:
357     (1)  Has violated any provision provisions of this part or
358s. 455.227(1); however, any appraiser registered, licensed, or
359certified certificateholders, registrants, and licensees under
360this part is are exempt from the provisions of s. 455.227(1)(i).
361     (2)  Has been guilty of fraud, misrepresentation,
362concealment, false promises, false pretenses, dishonest conduct,
363culpable negligence, or breach of trust in any business
364transaction in this state or any other state, nation, or
365territory; has violated a duty imposed upon her or him by law or
366by the terms of a contract, whether written, oral, express, or
367implied, in an appraisal assignment; has aided, assisted, or
368conspired with any other person engaged in any such misconduct
369and in furtherance thereof; or has formed an intent, design, or
370scheme to engage in such misconduct and committed an overt act
371in furtherance of such intent, design, or scheme. It is
372immaterial to the guilt of the registered trainee appraiser or
373licensed, licensee, or certified appraiser certificateholder
374that the victim or intended victim of the misconduct has
375sustained no damage or loss; that the damage or loss has been
376settled and paid after discovery of the misconduct; or that such
377victim or intended victim was a customer or a person in
378confidential relation with the registered trainee appraiser or
379licensed, licensee, or certified appraiser certificateholder, or
380was an identified member of the general public.
381     (3)  Has advertised services in a manner that which is
382fraudulent, false, deceptive, or misleading in form or content.
383     (4)  Has violated any provision of the provisions of this
384part or any lawful order or rule issued under the provisions of
385this part or chapter 455.
386     (5)  Has been convicted or found guilty of, or entered a
387plea of nolo contendere to, regardless of adjudication, a crime
388in any jurisdiction that which directly relates to the
389activities of a registered trainee appraiser or licensed or
390certified appraiser, or that which involves moral turpitude or
391fraudulent or dishonest conduct. The record of a conviction
392certified or authenticated in such form as admissible in
393evidence under the laws of the state shall be admissible as
394prima facie evidence of such guilt.
395     (6)  Has had a registration, license, or certification as
396an appraiser revoked, suspended, or otherwise acted against;, or
397has been disbarred;, or has had her or his registration,
398license, or certificate to practice or conduct any regulated
399profession, business, or vocation revoked or suspended by this
400or any other state, any nation, or any possession or district of
401the United States;, or has had an application for such
402registration, licensure, or certification to practice or conduct
403any regulated profession, business, or vocation denied by this
404or any other state, any nation, or any possession or district of
405the United States.
406     (7)  Has become temporarily incapacitated from acting as an
407appraiser with safety to those in a fiduciary relationship with
408her or him because of drunkenness, use of drugs, or temporary
409mental derangement; however, suspension of a license,
410certification, or registration in such cases shall only be for
411the period of such incapacity.
412     (8)  Is confined in any county jail, postadjudication; is
413confined in any state or federal prison or mental institution;
414or, through mental disease or deterioration, can no longer
415safely be entrusted to deal with the public or in a confidential
416capacity.
417     (9)  Has failed to inform the board in writing within 30
418days after pleading guilty or nolo contendere to, or being
419convicted or found guilty of, any felony.
420     (10)  Has been found guilty, for a second time, of any
421misconduct that warrants disciplinary action, or has been found
422guilty of a course of conduct or practice that which shows that
423she or he is incompetent, negligent, dishonest, or untruthful to
424an extent that those with whom she or he may sustain a
425confidential relationship may not safely do so.
426     (11)  Has made or filed a report or record, either written
427or oral, that which the registered trainee appraiser or
428licensed, licensee, or certified appraiser certificateholder
429knows to be false; has willfully failed to file a report or
430record required by state or federal law; has willfully impeded
431or obstructed such filing;, or has induced another person to
432impede or obstruct such filing. However, such reports or records
433shall include only those that which are signed or presented in
434the capacity of a registered trainee appraiser or licensed or
435certified appraiser.
436     (12)  Has obtained or attempted to obtain a registration,
437license, or certification by means of knowingly making a false
438statement, submitting false information, refusing to provide
439complete information in response to an application question, or
440engaging in fraud, misrepresentation, or concealment.
441     (13)  Has paid money or other valuable consideration,
442except as required by this section, to any member or employee of
443the board to obtain a registration, license, or certification
444under this section.
445     (14)  Has violated any standard for the development or
446communication of a real estate appraisal or other provision of
447the Uniform Standards of Professional Appraisal Practice.
448     (15)  Has failed or refused to exercise reasonable
449diligence in developing an appraisal or preparing an appraisal
450report.
451     (16)  Has failed to communicate an appraisal without good
452cause.
453     (17)  Has accepted an appraisal assignment if the
454employment itself is contingent upon the appraiser reporting a
455predetermined result, analysis, or opinion, or if the fee to be
456paid for the performance of the appraisal assignment is
457contingent upon the opinion, conclusion, or valuation reached
458upon the consequences resulting from the appraisal assignment.
459     (18)  Has failed to timely notify the department of any
460change in business location, or has failed to fully disclose all
461business locations from which she or he operates as a registered
462trainee real estate appraiser or licensed or certified real
463estate appraiser.
464     Section 6.  Section 475.6245, Florida Statutes, is created
465to read:
466     475.6245  Discipline of appraisal management companies.-
467     (1)  The board may deny an application for registration of
468an appraisal management company; may investigate the actions of
469any appraisal management company registered under this part; may
470reprimand or impose an administrative fine not to exceed $5,000
471for each count or separate offense against any such appraisal
472management company; and may revoke or suspend, for a period not
473to exceed 10 years, the registration of any such appraisal
474management company, or place any such appraisal management
475company on probation, if the board finds that the appraisal
476management company or any person listed in s. 475.6235(2)(f):
477     (a)  Has violated any provision of this part or s.
478455.227(1); however, any appraisal management company registered
479under this part is exempt from s. 455.227(1)(i).
480     (b)  Has been guilty of fraud, misrepresentation,
481concealment, false promises, false pretenses, dishonest conduct,
482culpable negligence, or breach of trust in any business
483transaction in this state or any other state, nation, or
484territory; has violated a duty imposed upon her or him by law or
485by the terms of a contract, whether written, oral, express, or
486implied, in an appraisal assignment; has aided, assisted, or
487conspired with any other person engaged in any such misconduct
488and in furtherance thereof; or has formed an intent, design, or
489scheme to engage in such misconduct and committed an overt act
490in furtherance of such intent, design, or scheme. It is
491immaterial to the guilt of the appraisal management company that
492the victim or intended victim of the misconduct has sustained no
493damage or loss; that the damage or loss has been settled and
494paid after discovery of the misconduct; or that such victim or
495intended victim was a customer or a person in confidential
496relation with the appraisal management company or was an
497identified member of the general public.
498     (c)  Has advertised services in a manner that is
499fraudulent, false, deceptive, or misleading in form or content.
500     (d)  Has violated any provision of this part or any lawful
501order or rule issued under this part or chapter 455.
502     (e)  Has been convicted or found guilty of, or entered a
503plea of nolo contendere to, regardless of adjudication, a crime
504in any jurisdiction that directly relates to the activities of
505an appraisal management company or that involves moral turpitude
506or fraudulent or dishonest conduct. The record of a conviction
507certified or authenticated in such form as admissible in
508evidence under the laws of the state shall be admissible as
509prima facie evidence of such guilt.
510     (f)  Has had a registration, license, or certification as
511an appraiser or a registration as an appraisal management
512company revoked, suspended, or otherwise acted against; has been
513disbarred; has had her or his registration, license, or
514certificate to practice or conduct any regulated profession,
515business, or vocation revoked or suspended by this or any other
516state, any nation, or any possession or district of the United
517States; or has had an application for such registration,
518licensure, or certification to practice or conduct any regulated
519profession, business, or vocation denied by this or any other
520state, any nation, or any possession or district of the United
521States.
522     (g)  Has become temporarily incapacitated from acting as an
523appraisal management company with safety to those in a fiduciary
524relationship with her or him because of drunkenness, use of
525drugs, or temporary mental derangement; however, suspension of a
526registration in such cases shall only be for the period of such
527incapacity.
528     (h)  Is confined in any county jail, postadjudication; is
529confined in any state or federal prison or mental institution;
530or, through mental disease or deterioration, can no longer
531safely be entrusted to deal with the public or in a confidential
532capacity.
533     (i)  Has failed to inform the board in writing within 30
534days after pleading guilty or nolo contendere to, or being
535convicted or found guilty of, any felony.
536     (j)  Has been found guilty, for a second time, of any
537misconduct that warrants disciplinary action, or has been found
538guilty of a course of conduct or practice that shows that she or
539he is incompetent, negligent, dishonest, or untruthful to an
540extent that those with whom she or he may sustain a confidential
541relationship may not safely do so.
542     (k)  Has made or filed a report or record, either written
543or oral, that the appraisal management company knows to be
544false; has willfully failed to file a report or record required
545by state or federal law; has willfully impeded or obstructed
546such filing; or has induced another person to impede or obstruct
547such filing. However, such reports or records shall include only
548those that are signed or presented in the capacity of an
549appraisal management company.
550     (l)  Has obtained or attempted to obtain a registration,
551license, or certification by means of knowingly making a false
552statement, submitting false information, refusing to provide
553complete information in response to an application question, or
554engaging in fraud, misrepresentation, or concealment.
555     (m)  Has paid money or other valuable consideration, except
556as required by this section, to any member or employee of the
557board to obtain a registration, license, or certification under
558this section.
559     (n)  Has instructed an appraiser to violate any standard
560for the development or communication of a real estate appraisal
561or other provision of the Uniform Standards of Professional
562Appraisal Practice.
563     (o)  Has engaged in the development of an appraisal or the
564preparation of an appraisal report.
565     (p)  Has failed to communicate an appraisal without good
566cause.
567     (q)  Has accepted an appraisal assignment if the employment
568itself is contingent upon the appraisal management company
569reporting a predetermined result, analysis, or opinion or if the
570fee to be paid for the performance of the appraisal assignment
571is contingent upon the opinion, conclusion, or valuation reached
572upon the consequences resulting from the appraisal assignment.
573     (r)  Has failed to timely notify the department of any
574change in principal business location as an appraisal management
575company.
576     (s)  Has influenced or attempted to influence the
577development, reporting, or review of an appraisal through
578coercion, extortion, collusion, compensation, inducement,
579intimidation, bribery, or any other means, including, but not
580limited to:
581     1.  Withholding or threatening to withhold timely payment
582for an appraisal, unless such nonpayment is based upon specific
583quality or other service issues that constitute noncompliance
584with the appraisal engagement agreement.
585     2.  Withholding or threatening to withhold future business
586from an appraiser.
587     3.  Promising future business, promotions, or increased
588compensation for an appraiser, whether the promise is express or
589implied.
590     4.  Conditioning a request for appraisal services or the
591payment of an appraisal fee, salary, or bonus upon the opinion,
592conclusion, or valuation to be reached or upon a preliminary
593estimate or opinion requested from an appraiser.
594     5.  Requesting that an appraiser provide an estimated,
595predetermined, or desired valuation in an appraisal report or
596provide estimated values or comparable sales at any time before
597the appraiser's completion of appraisal services.
598     6.  Providing to an appraiser an anticipated, estimated,
599encouraged, or desired value for a subject property or a
600proposed or target amount to be loaned to the borrower, except
601that a copy of the sales contract for purchase transactions may
602be provided.
603     7.  Providing to an appraiser, or any person related to the
604appraiser, stock or other financial or nonfinancial benefits.
605     8.  Allowing the removal of an appraiser from an appraiser
606panel without prior written notice to the appraiser.
607     9.  Obtaining, using, or paying for a second or subsequent
608appraisal or ordering an automated valuation model in connection
609with a mortgage financing transaction unless there is a
610reasonable basis to believe that the initial appraisal was
611flawed or tainted and such basis is clearly and appropriately
612noted in the loan file, or unless such appraisal or automated
613valuation model is issued pursuant to a bona fide prefunding or
614postfunding appraisal review or quality control process.
615     10.  Any other act or practice that impairs or attempts to
616impair an appraiser's independence, objectivity, or
617impartiality.
618     (t)  Has altered, modified, or otherwise changed a
619completed appraisal report submitted by an appraiser to an
620appraisal management company.
621     (u)  Has employed, contracted with, or otherwise retained
622an appraiser whose registration, license, or certification is
623suspended or revoked to perform appraisal services or appraisal
624management services.
625     (2)  The board may reprimand an appraisal management
626company, conditionally or unconditionally suspend or revoke any
627registration of an appraisal management company issued under
628this part, or impose administrative fines not to exceed $5,000
629for each count or separate offense against any such appraisal
630management company if the board determines that the appraisal
631management company is attempting to perform, has performed, or
632has 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
635part.
636     (c)  Obtaining a registration of an appraisal management
637company by fraud, misrepresentation, or deceit.
638     (3)  This section does not prohibit an appraisal management
639company from requesting an appraiser to:
640     (a)  Provide additional information about the basis of a
641valuation, including consideration of additional comparable
642data; or
643     (b)  Correct objective factual errors in an appraisal
644report.
645     Section 7.  Section 475.626, Florida Statutes, is amended
646to 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
650registered trainee appraiser, a or licensed or certified
651appraiser, or an appraisal management company without being the
652holder of a valid and current registration, license, or
653certification.
654     (b)  No person shall Violate any lawful order or rule of
655the board which is binding upon her or him.
656     (c)  No person shall Commit any conduct or practice set
657forth in s. 475.624 or s. 475.6245.
658     (d)  No person shall Make any false affidavit or
659affirmation intended for use as evidence by or before the board
660or any member thereof, or by any of its authorized
661representatives, nor may shall any person give false testimony
662under oath or affirmation to or before the board or any member
663thereof in any proceeding authorized by this section.
664     (e)  No person shall Fail or refuse to appear at the time
665and place designated in a subpoena issued with respect to a
666violation of this section, unless such failure to appear is the
667result of facts or circumstances that are sufficient to excuse
668appearance in response to a subpoena from the circuit court; nor
669may shall a person who is present before the board or a member
670thereof or one of its authorized representatives acting under
671authority of this section refuse to be sworn or to affirm or
672fail or refuse to answer fully any question propounded by the
673board, the member, or such representative, or by any person by
674the authority of such officer or appointee.
675     (f)  No person shall Obstruct or hinder in any manner the
676enforcement of this section or the performance of any lawful
677duty by any person acting under the authority of this section,
678or interfere with, intimidate, or offer any bribe to any member
679of the board or any of its employees or any person who is, or is
680expected to be, a witness in any investigation or proceeding
681relating to a violation of this section.
682     (g)  No person shall Knowingly conceal any information
683relating to violations of this section.
684     (2)  A PENALTIES.-Any person who violates any provision of
685the provisions of subsection (1) commits is guilty of a
686misdemeanor of the second degree, punishable as provided in s.
687775.082 or s. 775.083, except when a different punishment is
688prescribed by this section. Nothing in This section does not
689shall prohibit the prosecution under any other criminal statute
690of this state of any person for an act or conduct prohibited by
691this section; however, in such cases, the state may prosecute
692under this section or under such other statute, or may charge
693both offenses in one prosecution, but the sentence imposed shall
694not be a greater fine or longer sentence than that prescribed
695for the offense which carries the more severe penalties. A civil
696case, a criminal case, or a denial, revocation, or suspension
697proceeding may arise out of the same alleged state of facts, and
698the pendency or result of one such case or proceeding shall not
699stay or control the result of either of the others.
700     Section 8.  Section 475.629, Florida Statutes, is amended
701to read:
702     475.629  Retention of records.-An appraiser registered,
703licensed, or certified under this part or an appraisal
704management company registered under this part shall retain, for
705at least 5 years or the period specified in the Uniform
706Standards of Professional Appraisal Practice, whichever is
707greater, original or true copies of any contracts engaging the
708appraiser's or appraisal management company's services,
709appraisal reports, and supporting data assembled and formulated
710by the appraiser or company in preparing appraisal reports or
711engaging in appraisal management services. Except as otherwise
712specified in the Uniform Standards of Professional Appraisal
713Practice, the period for retention of the records applicable to
714each engagement of the services of the appraiser or appraisal
715management company runs from the date of the submission of the
716appraisal report to the client. These records must be made
717available by the appraiser or appraisal management company for
718inspection and copying by the department upon on reasonable
719notice to the appraiser or company. However, the department may
720not inspect or copy the records of an appraisal management
721company except in connection with a pending investigation or
722complaint. If an appraisal has been the subject of or has served
723as evidence for litigation, reports and records must be retained
724for at least 2 years after the trial or the period specified in
725the Uniform Standards of Professional Appraisal Practice,
726whichever is greater.
727     Section 9.  This act shall take effect July 1, 2010.


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