The purpose of the rule amendment is to add violation.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Appraisal Board

RULE NO.:RULE TITLE:

61J1-8.002Disciplinary Guidelines

PURPOSE AND EFFECT: The purpose of the rule amendment is to add violation.

SUMMARY: Add violation.

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 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: Allison McDonald, 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 (ii) No change.
(jj) Section 475.6245(1)(d), F.S. Has violated any provision of this part by failing to submit the annual report and fee required by Section 475.621, F.S.	Reprimand and an administrative fine of $1,000.	Revocation and an administrative fine of $5,000.
(kk)(jj) Section 475.6245(1)(s), F.S. Has influenced or attempted to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or other means.	Revocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(ll)(kk) Section 475.6245(1)(t), F.S. Has altered, modified, or otherwise changed a completed appraisal report submitted by an appraiser to an appraisal management company.	Revocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(mm)(ll) Section 475.6245(1)(u), 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)(mm) Section 475.6245(1)(v), F.S. Has required or attempted to require and appraiser to sign any indemnification agreement that would require the appraiser to hold harmless the appraisal management company or its owners, agents, employees, or independent contractors and not the services performed by the appraiser.	Up to revocation and an administrative fine of $5,000.	Revocation and an administrative fine of $5,000.
(oo)(nn) Section 475.6245(1)(w), F.S. Has required or attempted to require a client 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, 7-5-18,                       .

 

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: April 1, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2019