Bill Text: FL S0852 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Real Estate Brokers and Appraisers

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 667 (Ch. 2013-144) [S0852 Detail]

Download: Florida-2013-S0852-Introduced.html

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       Florida Senate - 2013                                     SB 852
       
       
       
       By Senator Bean
       
       
       
       
       4-00542A-13                                            2013852__
    1                        A bill to be entitled                      
    2         An act relating to real estate brokers and appraisers;
    3         amending s. 120.574, F.S.; providing that specified
    4         administrative procedures for summary hearings apply
    5         to disciplinary cases involving certain real estate
    6         appraisers; providing exceptions and conditions
    7         relating to such procedures; amending s. 475.215,
    8         F.S.; providing a qualifying condition for the
    9         issuance of additional licenses to a licensed broker;
   10         providing grounds for the Florida Real Estate
   11         Commission to deny multiple license requests;
   12         providing for applicability and effect of certain
   13         final orders of discipline on primary and multiple
   14         licenses held by a broker; amending s. 475.611, F.S.;
   15         revising the definition of the term “supervisory
   16         appraiser”; amending s. 475.615, F.S.; revising
   17         certain exceptions from provisions specifying that
   18         certain applicants for certification or registration
   19         as an appraiser or trainee appraiser are not deemed to
   20         be qualified for such certification or registration;
   21         revising the dated version of certain requirements
   22         adopted by the Appraiser Qualifications Board of the
   23         Appraisal Foundation based upon which the Florida Real
   24         Estate Appraisal Board is authorized to waive or
   25         modify certain education, experience, or examination
   26         requirements applicable to certified appraisers and
   27         registered trainee appraisers; amending s. 475.6221,
   28         F.S.; deleting authority for a licensed appraiser to
   29         act as the direct supervisor of a registered trainee
   30         real estate appraiser; providing effective dates.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (3) is added to section 120.574,
   35  Florida Statutes, to read:
   36         120.574 Summary hearing.—
   37         (3) The procedures in subsection (2) apply to disciplinary
   38  cases involving real estate appraisers licensed in this state.
   39  However:
   40         (a) Final orders in such cases must be rendered within 90
   41  days after the date the administrative complaint is filed.
   42         (b) The provisions of subparagraph (2)(a)5. do not apply.
   43         (c) Motions for continuance may not be granted absent
   44  extraordinary circumstances.
   45         (d) The division may assign former administrative law
   46  judges or former circuit or county court judges, or may
   47  designate special masters, to adjudicate the summary hearings
   48  under this section.
   49         Section 2. Subsection (1) of section 475.215, Florida
   50  Statutes, is amended to read:
   51         475.215 Multiple licenses.—
   52         (1) A licensed broker may be issued upon request additional
   53  licenses as a broker, but not as a sales associate or as a
   54  broker associate, whenever it is clearly shown that the
   55  requested additional licenses are necessary to the conduct of
   56  real estate brokerage business and that the additional licenses
   57  will not be used in a manner likely to be prejudicial or harmful
   58  to any person, including a licensee under this chapter. The
   59  commission may also deny a multiple license request pursuant to
   60  s. 475.17(1)(a). A final order of discipline rendered against a
   61  broker for a violation of this part or s. 455.227(1) applies to
   62  the primary license of the broker as well as any multiple
   63  licenses held by that broker at the time the final order becomes
   64  effective.
   65         Section 3. Paragraph (u) of subsection (1) of section
   66  475.611, Florida Statutes, is amended to read:
   67         475.611 Definitions.—
   68         (1) As used in this part, the term:
   69         (u) “Supervisory appraiser” means a licensed appraiser, a
   70  certified residential appraiser, or a certified general
   71  appraiser responsible for the direct supervision of one or more
   72  registered trainee appraisers and fully responsible for
   73  appraisals and appraisal reports prepared by those registered
   74  trainee appraisers. The board, by rule, shall determine the
   75  responsibilities of a supervisory appraiser, the geographic
   76  proximity required, the minimum qualifications and standards
   77  required of a licensed or certified appraiser before she or he
   78  may act in the capacity of a supervisory appraiser, and the
   79  maximum number of registered trainee appraisers to be supervised
   80  by an individual supervisory appraiser.
   81         Section 4. Subsection (6) of section 475.615, Florida
   82  Statutes, is amended to read:
   83         475.615 Qualifications for registration or certification.—
   84         (6) All applicants must be competent and qualified to make
   85  real estate appraisals with safety to those with whom they may
   86  undertake a relationship of trust and confidence and the general
   87  public. If any applicant has been denied registration,
   88  licensure, or certification, or has been disbarred, or the
   89  applicant’s registration, license, or certificate to practice or
   90  conduct any regulated profession, business, or vocation has been
   91  revoked or suspended by this or any other state, any nation, or
   92  any possession or district of the United States, or any court or
   93  lawful agency thereof, because of any conduct or practices which
   94  would have warranted a like result under this part, or if the
   95  applicant has been guilty of conduct or practices in this state
   96  or elsewhere which would have been grounds for disciplining her
   97  or his registration, license, or certification under this part
   98  had the applicant then been a registered trainee appraiser or a
   99  licensed or certified appraiser, the applicant is shall be
  100  deemed not to be qualified unless the applicant has met the
  101  conditions set forth by the Appraiser Qualifications Board of
  102  the Appraisal Foundation as prescribed by rule of the board and,
  103  because of lapse of time and subsequent good conduct and
  104  reputation, or other reason deemed sufficient, it appears to the
  105  board that the interest of the public is not likely to be
  106  endangered by the granting of registration or certification.
  107         Section 5. Effective January 1, 2014, subsection (2) of
  108  section 475.615, Florida Statutes, is amended to read:
  109         475.615 Qualifications for registration or certification.—
  110         (2) The board is authorized to waive or modify any
  111  education, experience, or examination requirements established
  112  in this part in order to conform with any such requirements
  113  established by the Appraiser Appraisal Qualifications Board of
  114  the Appraisal Foundation or any successor body recognized by
  115  federal law, including any requirements adopted on December 9,
  116  2011 February 20, 2004. The board shall implement this section
  117  by rule.
  118         Section 6. Subsection (1) of section 475.6221, Florida
  119  Statutes, is amended to read:
  120         475.6221 Employment of and by registered trainee real
  121  estate appraisers.—
  122         (1) A registered trainee real estate appraiser must perform
  123  appraisal services under the direct supervision of a licensed or
  124  certified appraiser who is designated as the primary supervisory
  125  appraiser. The primary supervisory appraiser may also designate
  126  additional licensed or certified appraisers as secondary
  127  supervisory appraisers. A secondary supervisory appraiser must
  128  be affiliated with the same firm or business as the primary
  129  supervisory appraiser and the primary or secondary supervisory
  130  appraiser must have the same business address as the registered
  131  trainee real estate appraiser. The primary supervisory appraiser
  132  must notify the Division of Real Estate of the name and address
  133  of any primary and secondary supervisory appraiser for whom the
  134  registered trainee will perform appraisal services, and must
  135  also notify the division within 10 days after terminating such
  136  relationship. Termination of the relationship with a primary
  137  supervisory appraiser automatically terminates the relationship
  138  with the secondary supervisory appraiser.
  139         Section 7. Except as otherwise expressly provided in this
  140  act, this act shall take effect upon becoming a law.