To update and clarify requirements for supervision and training of registered trainee appraisers.

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Appraisal Board

RULE NO.:RULE TITLE:

61J1-4.010Supervision and Training of Registered Trainee Appraisers

PURPOSE AND EFFECT: To update and clarify requirements for supervision and training of registered trainee appraisers.

SUMMARY: Update and clarify requirements for supervision and training of registered trainee appraisers.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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:  475.614, 475.615, 475.619 FS.

LAW IMPLEMENTED:  475.613, 475.611, 475.615, 475.618, 475.619, 475.6221, 475.6222, 475.628 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, Executive Director, Florida Real Estate Appraisal Board, 400 W. Robinson Street, #N801, Orlando, FL 32801, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61J1-4.010 Supervision and Training of Registered Trainee Appraisers.

(1) No change.

(a) A supervisory appraiser must accept, acknowledge and recognize full responsibility responsibilitiy for compliance with the USPAP, Florida law or regulation for any and all research data collection, analysis, development or communication of any appraisal, appraisal review or appraisal report prepared, or with the assistance of, a registered trainee appraiser as if the work was performed personally by the supervisory appraiser;

(b) through (c) No change.

(d) Prior to registering as a supervisor to any registered trainee appraiser, a certified appraiser shall complete  a board approved supervisory course of a minimum minumum of three (3) hours, within the preceding four (4) years. The course must comply with the course content adopted by the Appraiser Qualifications Board of the Appraisal Foundation on December 9, 2011, pursuant to Section 475.615(2), F.S. Trainee appraisers who took the course to qualify for the trainee appraiser registration will not be required to complete the course once certified in order to supervise.

(2) through (2)(e) No change.

(f) Registering the appraiser trainee with Department through use of DBPR FREAB 14, Supervisor Designation/Termination Form RE-2060, entitled Request for Change of Status – Registered Trainee Appraiser, effective April 2012 September 14, 2009, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01987 http://www.myfloridalicense.com/dbpr/re/documents/RE-2060.pdf.

(3) through (10) No change.

(11) A supervisory appraiser must include the following statement in any report in which a registered trainee appraiser contributed to the development of the appraisal or the writing of the appraisal report:. “I, the supervisory appraiser of a registered trainee appraiser who contributed to the development or communication of this appraisal, hereby accept accepts full and complete responsibility for any work performed by the registered trainee appraiser trainee named in this report as if it were my own work.”

Rulemaking Authority 475.614, 475.615 FS. Law Implemented 475.611, 475.615, 475.6221, 475.6222 FS. History–New 2-16-04, Amended 3-1-06, 12-4-06, 8-12-07, 11-25-07, 5-3-10, 12-11-11, 6-3-13, 4-15-15,            .

 

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 11, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 21, 2015