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

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Appraisal Board

RULE NO.:RULE TITLE:

61J1-8.002Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to modify and update the language for the disciplinary guidelines.

SUMMARY: Modify and update the language.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: Lori Crawford, Executive Director, Florida Real Estate Appraisal Board, 400 West Robinson Street, #N801, Orlando, FL 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 (d)  No change.	No change.	No change.
(e) Section 475.624(2) or 475.6245(1)(b), F.S. Guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust, or Section 455.227(1)(m), F.S.	In the case of fraud, misrepresentation and dishonest dealing, revocation and an administrative fine up to $5,000.   In the case of concealment, false promises and false pretenses, 3 to 5 year suspension and an administrative fine of $1,000.   In the case of culpable negligence and breach of trust, $1,000 fine to a 1 year suspension.   In the case of untrue statement, $1,000 fine to a 1 year suspension.	Revocation and an administrative fine of $5,000.     Revocation and an administrative fine of $5,000.       Revocation and an administrative fine of $5,000.             Revocation and an administrative fine of $5,000.
(f) No change.	No change.	No change.
(g) Section 475.624(4) or 475.6245(1)(d), F.S. Violated any of the provisions of this section or any lawful order or rule issued under the provisions of this section or Chapter 455, F.S., or Section 455.227(1)(b), F.S.	Probation or rRevocation and an administrative fine up to $5,000.	Revocation and an administrative fine of $5,000.
(h) through (n)  No change.	No change.	No change.
(o) Section 475.624(12) or 475.6245(1)(l), F.S. Obtained a license or renewal by fraud, misrepresentation or concealment, or Section 455.227(1)(h), F.S.	Revocation.	Revocation.
(p)  No change.	No change.	No change.
(q) Section 475.624(14) or 475.6245(1)(n), F.S. Has violated any standard for the development or communication of a real estate appraisal or other provision of the Uniform Standards of Professional Appraisal Practice.	Probation up to a 1 year suspension and an administrative fine of up to $5,000.	Up to 5 year suspension to revocation and an administrative fine of $5,000.
(r) through (v)  No change.	No change.	No change.
(w) Section 475.626(1)(b), F.S. Has violated any order or rule of the Board.	Probation to rRevocation and an administrative fine of $1,000.	Revocation and an administrative fine of $5,000.
(x) Section 475.626(1)(c)(d), F.S. Made a false affidavit or affirmation or gave false testimony before the Board.	Up to 5 years suspension to revocation and an administrative fine of $1,000.	Revocation and an administrative fine of $5,000.
(y) Section 475.626(1)(d)(e), F.S. Failed to comply with subpoena issued by the Department of Business and Professional Regulation, or Section 455.227(1)(q), F.S.	Up to 5 years suspension to revocation and an administrative fine of $1,000.	Revocation and an administrative fine of $5,000.
(z) Section 475.626(1)(e)(f), F.S. Obstructed or hindered the enforcement of Part II of Chapter 475, F.S., or Section 455.227(1)(r), F.S.	Up to 5 years suspension to revocation and an administrative fine of $1,000.	Revocation and an administrative fine of $5,000.
(aa) Section 475.626(1)(f)(g), F.S. Knowingly concealed information relating to violations of Chapter 475, F.S., Part II	Up to 90 days suspension and an administrative fine of $1,000.	Up to 5 year suspension and an administrative fine of $5,000.
(bb)  No change.	No change.	No change.
(cc) Section 475.6222, F.S. Failure to provide direct supervision or training of trainee appraiser.	Suspension to rRevocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(dd) Section 455.227(1)(j), F.S. Aiding unlicensed activity.	Suspension to rRevocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(ee)  through (ll) No change.	No change.	No change.
(mm)  Section 475.6245(1)(v), F.S.  Has employed, contracted with, or otherwise retained an appraiser whose registration, license, or certification is suspended or revoked to perform appraisal services or appraisal management services.	Up to revocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(nn) Section 475.6245(1)(w), F.S.   Has required or attempted to require a license to sign any indemnification agreement that would require the client to hold harmless the appraisal management company or its owners, agents, or employees from any liability, damage, loss, or claim arising from the services performed by an appraiser.	Up to revocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.

(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, 12-23-12,      .

 

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: February 5, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 30, 2018