The Board proposes the amendment of the rule to delete unnecessary language and to add new language to update the rule.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Appraisal Board

RULE NO.:RULE TITLE:

61J1-4.009Post Licensing Education for Registered Trainee Appraisers

PURPOSE AND EFFECT: The Board proposes the amendment of the rule to delete unnecessary language and to add new language to update the rule.

SUMMARY: The amendment of the rule will delete unnecessary language and to add new language to update the rule.

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: The rule is mandated by statute and the rule will not require ratification by the Legislature because all costs of the rule are required by the statute. 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 FS.

LAW IMPLEMENTED: 475.6175 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:

61J1-4.009 Post Licensing Education for Registered Trainee Appraisers.

(1) All post-licensing education for registered trainee appraisers shall, unless otherwise provided for in this subsection, conform to the standards for continuing education provided in Rules 61J1-4.003 and 61J1-4.005, F.A.C. Board prescribed or approved courses shall be offered by a nationally or state recognized appraisal organization, accredited universities, colleges, community colleges, area vocational-technical centers, state or federal agencies or commissions, and proprietary real estate schools registered pursuant to Section 475.451, F.S.

(a) All registered trainee appraisers must satisfactorily complete one or more Board approved courses which must total at least 40 45 classroom hours, without duplication of material, inclusive of examination in subjects including: influences on real estate value, legal considerations in appraisal, types of value, economic principles, real estate markets and analysis, valuation process, property description, highest and best use analysis, appraisal statistical concepts, sales comparison approach, site value, cost approach, income approach, valuation of partial interests, and appraisal standards and ethics. All post-licensing courses shall consist of a minimum of 15 classroom hours. Post-license education shall consist of at least two courses of a minimum of 15 hours each of pre-certification education, a 7-hour National USPAP update course or its equivalent which must be taught by an AQB certified instructor, and a 3-hour Florida Laws and Rule Course. A classroom hour is defined as 50 minutes of each 60-minute segment. The examination may not be open book, and must be administered by a permitted instructor.

(b) 15 classroom hours of the 45-hour post-licensing requirement must be the 15-hour National USPAP course or its equivalent inclusive of examination, and must be taught by an AQB certified USPAP instructor.

(2) In addition to the 45-hour requirement all registered trainee appraisers must satisfactorily complete a minimum of 3 hours strictly dedicated to an update of the Florida Real Estate Appraisal License Law and Board Rules. All required hours must be completed within the same renewal period. Post-licensure education must be taken during a single renewal period and all other continuing education for licensure renewal must be taken during other renewal periods.

(3) No change.

(4) A copy of the course shall be submitted to the Board for evaluation at least 90 days prior to use. The provider must submit two complete copies of the course materials, a detailed course timeline, learning objectives and end-of-course examinations. The provider must also submit a copy of the course in the format in which the student will use it. The course and examination, shall comply with “course approval criteria” as follows:

(a) A grade of 75% or higher on the Board prescribed end-of-course examination constitutes satisfactory course completion. The provider shall develop at least two forms of the end-of-course examinations and submit them for approval with a detailed course syllabus. The answer key must be unique for each form of the examination and reference the page numbers containing the information on which each question and correct answer is based. Examinations must test the material. At least 70% of the questions on each examination form shall be application oriented. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information. No more than 10% of the questions on each form of the test shall be at the knowledge level. Knowledge level means the recall of specific fact, patterns, methods, terms, rules, dates, formulas, names or other information that should be committed to memory. A provider offering prescribed courses must maintain a sufficient bank of questions to assure examination validity. A course that is 30 hours or less, that does not include the 7-hour National USPAP update, shall contain a minimum of 50 items. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. No examination shall contain more than 20% duplication of questions. The examination shall comply with the Item Writing Guidelines as of January 29, 2004, incorporated herein by reference.

(b) through (e) No change.

(f) All post-license education courses may be completed through in-person classroom instruction or distance education. All courses taken for purpose of post-licensing credit must be taken completely within a classroom and may not be taken through distance education unless the licensee cannot, due to hardship, as defined by subsection (5) of this section, complete the course within a classroom. Any person desiring to complete the education course by means of distance education shall make a request to the Board in writing, setting forth the basis of the alleged hardship. The Board shall require said request to be supported by statements of doctors and other persons having knowledge of the facts.

(g) The Board shall allow an additional 6-month period after the second renewal following initial licensure for registered trainees who cannot, due to hardship, as defined by subsection (5) of this section, complete the course or courses within the required time. Any person desiring to complete the education course by means of distance education shall make a request to the Board in writing, setting forth the basis of the alleged hardship. The Board shall require said request to be supported by statements of doctors and other persons having knowledge of the facts.

(5) Hardship, for purposes of this rule Chapter 61J1-4, F.A.C., shall be defined as an inability, due to the licensee’s own physical disability, to complete the post licensing education requirements. to attend the place where classes are conducted.

(6) Distance Education courses, containing the same subject matter and requiring substantially the same assignment work, will be prescribed by the Board for any person who by reason of hardship cannot attend the place for classroom instruction for continuing education or post-licensing education. The scholastic standards and other related requirements will be substantially the same as the courses offered by classroom instruction, having due regard, however, to the different method of presentation.

(7)(a) Any registered trainee appraiser, licensed after July 1, 2003, must complete the 45 hour post-licensure education, and the 3 hour review and update of the Florida Real Estate Appraisal License Law and Board Rules before the second renewal period following the trainee’s most recent licensure as a trainee, and shall be exempt from the continuing education of that renewal period.

(b) Any registered trainee appraiser, licensed after July 1, 2003, who does not complete these Board prescribed post-licensure educational requirements and the 3 hour Florida Real Estate Appraisal Law update prior to the second renewal following initial registration and who does not prove that he or she failed to complete the post-licensure education requirements as a result of a hardship, as defined by subsection (5) of this section, is void without further administrative action. Such person may qualify to practice as a registered trainee appraiser only by retaking the required education and complying with all other requirements of law to be registered as a registered trainee appraiser.

(8)(a) Any registered trainee appraiser, licensed before July 1, 2003, must complete the 45 hour post-licensure education, and the 3 hour review and update of the Florida Real Estate Appraisal License Law and Board Rules before the second renewal period following July 1, 2003, and shall be exempt from the continuing education requirements of that renewal period.

(6)(b) Any registered trainee appraiser, licensed before July 1, 2003, who does not complete these Board prescribed post-licensure educational requirements and the 3 hour Florida Real Estate Appraisal Law update prior to the end of the second renewal following initial registration July 1, 2003, and who does not prove that he or she failed to complete the post-licensure education requirements as a result of a hardship, as defined by subsection (5) of this section, is void without further administrative action. Any registered trainee appraiser Such person whose license is null and void pursuant to Section 475.6175(2), F.S. may qualify to practice as a registered trainee appraiser only by retaking the required education and complying with all other requirements of law to be registered as a registered trainee appraiser.

(7)(9) Registered trainee appraisers may not satisfy any requirement of this rule with any course they have instructed.

Rulemaking Specific Authority 475.614 FS. Law Implemented 475.6175 FS. History–New 2-16-04, Amended 10-27-05, 12-4-06,__________.

 

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: February 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 23, 2015