The Florida Real Estate Appraisal Board is amending Rule 61J1-4.001, F.A.C. to implement the changes to Section 475.617 of the Florida Statutes and to remove the requirement that examinations and course materials must be submitted in a blind format. ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Appraisal Board

RULE NO: RULE TITLE
61J1-4.001: Education Requirements
61J1-4.003: Continuing Education
61J1-4.005: Notice of Satisfactory Course Completion
61J1-4.007: Renewal of Inactive Registrations, Licenses and Certifications
61J1-4.008: Continuing Education for School Instructors
61J1-4.009: Post Licensing Education for Registered Trainee Appraisers
61J1-4.010: Supervision of Registered Trainee Appraisers
PURPOSE AND EFFECT: The Florida Real Estate Appraisal Board is amending Rule 61J1-4.001, F.A.C. to implement the changes to Section 475.617 of the Florida Statutes and to remove the requirement that examinations and course materials must be submitted in a blind format.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.003, F.A.C. to remove the option of administering portions of examinations during course intervals and to remove the 15 day grace period beyond the course expiration date to grade an examination.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.005, F.A.C. to require institutions or schools approved to offer post and continuing education courses to electronically submit course attendance rosters in accordance with Section 455.2178(1) of the Florida Statutes.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.007, F.A.C. to amend the number of hours and type of education required for a licensee to renew inactive registrations, licenses, and certifications.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.008, F.A.C. to remove the 15 day grace period beyond the course expiration date to grade an examination.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.009, F.A.C. to remove the requirement that education providers submit one blind copy of course materials.
The Florida Real Estate Appraisal Board is amending Rule 61J1-4.010, F.A.C. to amend the requirements for the supervision and training of registered trainee appraisers.
SUMMARY: Rule 61J1-4.001, F.A.C. is amended to implement the changes to Section 475.617 of the Florida Statutes and to remove the requirement that examinations and course materials must be submitted in a blind format.
Rule 61J1-4.003, F.A.C. is amended to remove the option of administering portions of examinations during course intervals and to remove the 15 day grace period beyond the course expiration date to grade an examination.
Rule 61J1-4.005, F.A.C. is amended to require institutions or schools approved to offer post and continuing education courses to electronically submit course attendance rosters in accordance with Section 455.2178(1) of the Florida Statutes.
Rule 61J1-4.007, F.A.C. is amended to amend the number of hours and type of education required for a licensee to renew inactive registrations, licenses, and certifications.
Rule 61J1-4.008, F.A.C. is amended to remove the 15 day grace period beyond the course expiration date to grade an examination.
Rule 61J1-4.009, F.A.C. is amended to remove the requirement that education providers submit one blind copy of course materials.
Rule 61J1-4.010, F.A.C. is amended to amend the requirements for the supervision and training of registered trainee appraisers.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 475.614, 475.619 FS.
LAW IMPLEMENTED: 475.613, 475.615. 475.617. 475.618, 475.628, 475.6175, 475.619, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael E. Murphy, 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:

61J1-4.001 Education Requirements.

(1)(a) Persons desiring to become registered as a trainee appraiser must satisfactorily complete 100 75 classroom hours, inclusive of examination, of Board approved academic courses in subjects related to real estate appraisal, which shall include coverage of the Uniform Standards of Professional Appraisal Practice. Effective January 1, 2008, persons desiring to become registered as a trainee appraiser must satisfactorily complete 100 classroom hours, inclusive of examination, of Board approved academic courses in subjects related to real estate appraisal, which shall include coverage of the Uniform Standards of Professional Appraisal Practice.

(b) If a registration expires due to failure to renew pursuant to Rule 61J1-4.007, F.A.C., the education completed to become a registered trainee appraiser original 75 classroom hours to become initially registered will be invalid and may not be used to secure another registration. Effective January 1, 2008, persons desiring to become registered as a trainee appraiser must satisfactorily complete 100 classroom hours, inclusive of examination, of Board approved academic courses in subjects related to real estate appraisal, which shall include coverage of the Uniform Standards of Professional Appraisal Practice.

(c) No change.

(2) Persons desiring to become certified as a residential appraiser must successfully complete 120 classroom hours, inclusive of examination, of Board approved academic courses in subjects related to real estate appraisal, which shall include the 15-hour National USPAP course or its equivalent, taught by an AQB certified USPAP instructor. The 120 classroom hours may include the classroom pre-license education required to become a registered trainee appraiser, the classroom pre-license education required to become a licensed appraiser, or the applicable classroom hours of post-license education for registered trainee appraisers. The 120 classroom hours may include the 75 classroom hour requirement for becoming registered or the 90 classroom hour requirement for becoming licensed as an appraiser

(3) Persons desiring to become certified as a general appraiser must successfully complete 180 classroom hours, inclusive of examination, of Board approved academic courses in subjects related to real estate appraisal, which shall include the 15-hour National USPAP course or its equivalent, taught by an AQB certified USPAP instructor. .  The 180 classroom hours may include the classroom pre-licensing education required to become a registered trainee appraiser, the classroom pre-license education required to become a licensed appraiser, or the 120 classroom hours requirement for becoming certified as a residential appraiser, or the applicable post-license education for registered trainee appraisers. The 180 classroom hours may include the 75 classroom hour requirement for becoming registered, the 90 classroom hour requirement for becoming licensed as an appraiser, or the 120 classroom hour requirement for becoming certified as a residential appraiser

(4) through (7)(g) No change.

(8) Board prescribed or approved courses and end-of-course examinations 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, or proprietary real estate schools registered pursuant to Section 475.451, F.S.  A copy of the course application 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; one submission must be a blind copy. The Board will notify the entity within 60 days whether the course and exams meet the criteria set out in subsections (5), (6) and (7) above and subsection (9) below. Approval must be granted before the course is conducted. Institutions, entities and schools offering Board prescribed or approved appraisal educational courses are responsible for keeping the course subject matter current and accurate.

(9) No change.

(10) Satisfactory course completion is demonstrated by achieving a grade of 75% or higher on a Board approved end-of-course examination. The examinations are prepared and administered by a nationally or state recognized appraisal organization, accredited university, college, community college, area vocational-technical center, state or federal agency or commission, or real estate school upon completion of the classroom instruction. The provider shall develop at least two forms of the end-of-course examinations and submit them for approval with a detailed course syllabus, detailed timeline and two copies of the course material. in a blind format containing no reference to the provider submitting the course. 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. 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 more than 30 hours shall contain at least 100 items. A course that is 30 hours or less 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. Approval of satisfactory course completion shall not be issued to any student having absences in excess of 10% of the classroom hours.

(11) Through (14) No change.

Specific Authority  475.614 FS. Law Implemented 475.613, 475.615, 475.617 FS. History–New 10-15-91, Formerly 21VV-4.001, Amended 1-9-94, 3-10-98, 9-6-98, 10-10-99, 5-25-04, 5-15-05, 1-17-06,                .

 

61J1-4.003 Continuing Education.

(1) All registered, licensed and certified appraisers must satisfactorily complete a minimum of 30 hours of 50 minutes each of appraiser continuing education as prescribed or approved by the Florida Real Estate Appraisal Board, without duplication of material, during each renewal period as defined in Rule 61J1-2.002, F.A.C. The 30 hours shall include the 7-hour National USPAP update course or its equivalent and shall be taught by an AQB certified USPAP instructor, without significant duplication of material, as defined in Section 475.611(1)(p), F.S. A minimum of 3 hours shall be dedicated to a review and update of the Florida Real Estate Appraisal Law and Board Rules, and provide an introduction to other state and federal laws affecting real estate appraisals. As of December 1, 2006, the minimum 30 hours of continuing education shall contain at least three (3) hours reviewing and updating the roles and rules of supervisor and trainee appraisers. A registered, licensed or certified appraiser is not required to complete the 30 hours of continuing education as a condition for initial registration, licensure or certification renewal if the time between the effective date on the initial registration, license or certificate and the beginning of the initial registration, licensure or certificate renewal is less than 6 12 months. Registered appraisers who comply with the Post Licensure requirements and Florida laws and rule update, as set forth in Rule 61J1-4.009, F.A.C., are not required to complete any additional continuing education for that renewal cycle.

(2) through (3) No change.

(a) A copy of the course application and all course materials shall be submitted to the Board for evaluation at least 90 days prior to use. The Board will issue a status report to the course provider within 60 days after submission of the course. Approval must be granted before the course and examinations, if required, may be offered. It is the responsibility of the institution, school, or entity offering the Board approved courses to keep the course materials current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period.

(b) through (4)(a) No change.

(b) A copy of the distance education course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination must may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course.  The Board will issue a status report to the course provider within 60 days after submission of the course and examinations. Approval must be granted before the course and examinations may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the distance education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards and laws. It is the responsibility of the institution, school or entity offering the Board approved distance education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period.

(c) through (e) No change.

(f) Continuing education courses by distance education will be approved for 24 months at which point the course will expire unless submitted to the Board and approved for renewal. Courses may not be offered or distributed after the expiration date. However, a 15-day grace period beyond the expiration date will be allowed in order to grade an examination postmarked or otherwise received prior to the expiration date of the course. Students must be notified of the course expiration date upon receipt of the course materials.

(5) through (8) No change.

Specific Authority 475.614 FS. Law Implemented 475.613, 475.618, 475.628 FS. History–New 10-15-91, Amended 4-21-92, 6-7-92, Formerly 21VV-4.003, Amended 11-3-94, 9-5-96, 4-6-98, 9-6-98, 9-14-00, 10-22-01, 3-31-02, 5-25-04, 5-15-05, 1-8-06,                           .

61J1-4.005 Notice of Satisfactory Course Completion.

(1) No change.

(2) An application for renewal of an existing license shall contain an affirmation by the individual of having satisfactorily completed the applicable Florida Real Estate Appraisal Board prescribed, conducted or board approved course(s).  Each institution or school approved to offer post and continuing education courses shall comply with Section 455.2178(1) of the Florida Statutes by electronically submitting course attendance rosters to the Department of Business and Professional Regulation.  Upon request of the Board, the department shall perform random audits of at least 10% of the registrants, licensees, certificate holders and instructors to verify compliance with continuing education requirements. Each registrant, licensee, certificate holder and instructor shall retain the grade report as proof of successful completion of continuing education requirements for at least two years following the end of the renewal period for which the education is claimed. Failing to provide evidence of compliance with education requirements as prescribed in Rules 61J1-4.003, 61J1-4.007, 61J1-4.008 and 61J1-4.009, F.A.C., or the furnishing of false or misleading information regarding compliance with said requirements shall be grounds for disciplinary action against the registrant, licensee, certificate holder or instructor.

(3) through (6) No change.

Specific Authority 475.614 FS. Law Implemented 475.613, 475.615, 475.617, 475.6175, 475.618 FS. History–New 10-15-91, Formerly 21VV-4.005, Amended 7-19-95, 4-6-98, 3-31-02, 11-14-04, 5-31-05, 1-8-06,       .

 

61J1-4.007 Renewal of Inactive Registrations, Licenses and Certifications.

(1) through (4) No change.

(5) When the inactive status is more than one (1) year but does not exceed two (2) years, the continuing education for all appraiser categories is as follows: thirty (30) hours of approved pre-certification education with end of course exam applicable to the licensee’s licensure category and thirty (30) hours of appraiser continuing education (ACE).  When the inactive status is more than 1 year but does not exceed 2 years, the educational requirements are as follows:

(a) Registered, licensed, and certified appraisers – 30 hours of Appraisal Board Course II (ABII) with end-of-course exam; however, effective January 1, 2008, the Appraisal Board Course I (ABI) with end-of-course exam shall be 100 hours.

(b) Certified residential and certified general appraisers – 30 hours of ABII with end-of-course exam and 30 hours of ACE.

(6) When the inactive status is more than 2 years but does not exceed the 4 year period, the educational requirements are as follows:

(a) Registered trainee and licensed appraisers – 100 75 hours of ABI with end-of-course exam, and complete a current 7 hour national USPAP update course taught by an AQB certified instructor or equivalent; however, effective January 1, 2008, the Appraisal Board Course I (ABI) with end-of-course exam shall be 100 hours and registered trainee appraisers must comply with the approved post-licensure education requirements of Rule 61J1-4.009, F.A.C.

(b) Certified residential appraisers – 75 100 hours of ABI with end-of-course exam, 30 hours of ABII with end-of-course exam, and complete a current 7 hour national USPAP update course taught by an AQB certified instructor or equivalent; however, effective January 1, 2008, the Appraisal Board Course I (ABI) with end-of-course exam shall be 100 hours and the Appraisal Board Course II (ABII) with end-of-course exam shall be 30 hours.

(c) through (8) No change.

Specific Authority 475.614, 475.619 FS. Law Implemented 475.618, 475.619 FS. History–New 8-8-93, Amended 2-16-04, 3-1-06,                           .

 

61J1-4.008 Continuing Education for School Instructors.

(1) through (5)(e)

(f) Continuing education courses by distance education will be approved for 24 months at which point the course will expire unless submitted to the Board and approved for renewal. Courses may not be offered or distributed after the expiration date. However, a 15-day grace period beyond the expiration date will be allowed in order to grade an examination postmarked or otherwise received prior to the expiration date of the course. Students must be notified of the course expiration date upon receipt of the course materials.

Specific Authority 475.614 FS. Law Implemented 475.618 FS. History–New 10-1-95, Amended 9-6-98, 11-15-99, 3-31-02, 2-16-04,                  .

 

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

(1) through (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; one submission must be a blind copy. 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) through (9) No change.

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

 

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

(1) through (4) No change.

(5) When supervising any aspect of the appraisal process, a supervising appraiser shall train or supervise appraisers located in:

(a) The county where the supervising appraiser’s primary business address is located and  office is registered with the Department; and

(b) Any county contiguous to the county where the supervising appraiser’s primary business address is located and office is registered with the Department.

(6) Appraisal logs shall be maintained by both the registered trainee appraiser and the supervisory appraiser in a format determined by the Department and shall, at a minimum, include the following for each appraisal:

(a) Type of property;

(b) Date of report;

(c) Client name and address;

(d) Address of appraised property;

(e) Description of work performed;

(f) Number of work hours; and.

(g) Signature and state license/certification number of the supervising appraiser.

(7) Separate appraisal logs shall be maintained for each supervising appraiser and signed by each supervising appraiser.

(8) A supervisory appraiser may not be employed by a trainee or by a corporation, partnership, firm, or group in which the trainee has a controlling interest.

(9) A registered trainee appraiser may accept appraisal assignments only from his or her primary or secondary supervisory appraiser.

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

Specific Authority 475.614 FS. Law Implemented 475.611, 475.6221, 475.6222 FS.  History–New 2-16-04, Amended 3-1-06,                             .

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Appraisal Board
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Florida Real Estate Appraisal Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 11, 2006