The Board proposes the rule amendment to delete unnecessary language and to add new language to modify the procedures for supervision and training of registered trainee appraisers.

 

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: The Board proposes the rule amendment to delete unnecessary language and to add new language to modify the procedures for supervision and training of registered trainee appraisers.
SUMMARY: The rule amendment will to delete unnecessary language and to add new language to modify the procedures for supervision and training of registered trainee appraisers.
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: 475.614 FS.
LAW IMPLEMENTED: 475.611, 475.6221, 475.6222 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:

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

(1) All registered trainee appraisers shall be subject to direct supervision by a supervisory appraiser. In order to qualify as a supervisory appraiser and be responsible for the direct supervision of registered trainee appraisers, not to exceed three (3), the following conditions must be met:

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

(b) A supervisory appraiser must be a current licensed appraiser, certified general or certified residential appraiser in good standing with the Board;

(c) Effective December 10, 2010, a supervisory appraiser must have been licensed as an appraiser or certified as a residential or general appraiser for at least 48 months;

(d) A supervisory appraiser must not have had a registration, or certification, or license suspended by the Board or have been disciplined by the Board in two (2) or more disciplinary cases in the past five (5) years; and

(e) No change

(2) The supervisory appraiser shall be responsible for the training and direct supervision of the registered appraiser trainee by:

(a) Accepting full and complete responsibility for any research, data collection, development, analysis or communication of any appraisal review or the appraisal report by signing and certifying the report is in compliance with the Uniform Standards of Professional Appraisal Practice, as defined in Section 475.611(1)(q), F.S.;

(b) Reviewing and verifying the accuracy of the registered trainee appraiser’s trainee research, data collection, development, analysis or communication of any part of the appraisal, appraisal review, or, appraisal reports writing process;

(c) Personally inspecting each appraised property with the appraiser trainee for a minimum of the first twelve (12) months of the registered trainee’s initial registration, and thereafter until the trainee is competent in accordance with the Competency Rule of the Uniform Standards of Professional Appraisal Practice, as required by Rule 61J1-9.001, F.A. C. defined in Section 475.611(1)(q), F.S. This provision shall not be construed to require that the trainee attend all inspections.

(d) “Personally inspect each property to be appraised with” as stated in paragraph 61J1-4.010(2)(c), F.A.,C., shall mean that the supervisory appraiser and registered trainee appraiser shall be at the property being appraised simultaneously and the occasion shall be used for teaching the registered trainee how to competently perform an inspection for valuation purposes.

(e) In situations in which the supervisory appraiser is not required by paragraph 61J1-4.010(2)(c), F.A.,C., to accompany the registered trainee appraiser on an inspection of the property being appraised, the supervisory appraiser shall accept complete responsibility for any data or analysis developed by a registered trainee appraiser who performed an inspection of the property being appraised without the supervisory appraiser being present.

(f)(d) No change.

(3) through (7) No change.

(8) A registered trainee appraiser may only receive compensation for appraisal services through or from his or her authorized certified Supervisory Appraiser or licensed appraiser.

(9) A registered trainee appraiser who made any contribution to the development or reporting of an appraisal must be named in the appraisal report and the work performed by the registered trainee appraiser must be described in detail and the time claimed in the trainee’s log must also be included in the report.

(10) A registered trainee may not sign an appraisal certification within the first twelve (12) months of his or her registration as a trainee appraiser.

(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 appraiser trainee who contributed to the development or communication of this appraisal, hereby accepts full and complete responsibility for any work performed by the registered appraise trainee named in this report as if it were my own work.”

Rulemaking Authority 475.614 FS. Law Implemented 475.611, 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,________.

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: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 14, 2012