The Board proposes the rule amendment to modify language for the disciplinary guidelines penalties.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Appraisal Board

RULE NO.: RULE TITLE:
61J1-8.002: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify language for the disciplinary guidelines penalties.
SUMMARY: The rule amendment will modify language for the disciplinary guidelines penalties.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 455.2273, 475.614 FS.
LAW IMPLEMENTED: 455.227, 475.622, 475.6221(3), 475.624, 475.626, 475.6245 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juana Watkins, Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801.

THE FULL TEXT OF THE PROPOSED RULE IS:

61J1-8.002 Disciplinary Guidelines

(1) through (2) No change

(3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4):

VIOLATION	PENALTY RANGE
	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
(a) through (q) No change
(r) Section 475.624(15) or 475.6245(1)(o), F.S. Has failed or refused to exercise reasonable diligence in developing or preparing an appraisal report.	1 year Probation 5 year suspension to revocation and an administrative fine of $1,000.	Up to 5 year suspension to revocation and an administrative fine of $5,000.
(s) through (ll) No change

(4) No change

Rulemaking Authority 455.2273, 475.614 FS. Law Implemented 455.227, 475.622, 475.6221(3), 475.624, 475.626, 475.6245 FS. History–New 1-7-92, Formerly 21VV-8.002, Amended 1-9-94, 8-17-97, 6-8-03, 12-4-06, 11-25-07, 1-11-11, 1-30-12,               .

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Appraisal Board.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Real Estate Appraisal Board.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 14, 2012