The purpose and effect of the proposed rule amendment is to update Rule 61-35.026, F.A.C., to clarify existing language and revise and incorporate departmental forms.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-35.026Florida Real Estate Appraisal Departmental Forms

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to update Rule 61-35.026, F.A.C., to clarify existing language and revise and incorporate departmental forms.

SUMMARY: The proposed rulemaking amends Rule 61-35.026, F.A.C., to add forms, clarify existing language and revise and incorporate departmental forms.

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 economic review conducted by the Agency.

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: 455.203, 455.213, 455.2178, 455.2179, F.S.

LAW IMPLEMENTED: 455.203, 455.213, 455.2178, 455.2179, 475.275, 475.615, 475.621, 475.623, 475.6221, 475.623, 475.6235, 475.6245, 475.630, F.S.

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, Department of Business and Professional Regulation, 400 W. Robinson Street, Suite N801, Orlando, Florida 32801, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-35.026 Florida Real Estate Appraisal Departmental Forms.

The following Florida Real Estate Appraisal forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone].

(1) Appraisal Management Companies –

(a) Persons applying to register an Appraisal Management Company (“AMC”) shall use Form DBPR FREAB 1, Application for Registering an Appraisal Management Company, effective       April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01978.

(b) Persons requesting to renew, close or , change the address or name, or request a duplicate license shall submit to the Department a completed Form DBPR FREAB 2, Appraisal Management Company – Maintenance, effective   April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX 01979.

(c) Persons applying to add or remove an officer, director, general partner, manager, managing member, owner, or individuals who, directly or indirectly, owns or controls 10 percent or more of an ownership interest in the appraisal management company shall use Form DBPR FREAB 3, Appraisal Management Company – Amendment, effective   April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01980.

(d) Persons requesting to renew an AMC registration shall submit to the Department a completed Form DBPR FREAB 4, Appraisal Management Company – Renewal, effective       , incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(2) Appraisers Appaisers –

(a) Persons applying to become licensed as a Residential or General Appraiser shall use Form DBPR FREAB 10, Application for Initial Certification for Residential or General Appraiser, effective       April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01982.

(b) Persons applying to become registered as a Trainee Appraiser shall use Form DBPR FREAB 11, Application for Appraiser Trainee Registration, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01984.

(c) Persons applying by mutual recognition to become licensed as a Residential or General Appraiser and are currently licensed to practice real estate appraisal in another state shall use Form DBPR FREAB 12, Application for Out-of-State Certified Appraiser by Mutual Recognition, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01985.

(d) Persons applying for a non-resident temporary practice permit shall use Form DBPR FREAB 13, Application for Non-resident Temporary Practice Permit, effective        July 2013, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03051.

(e) Persons requesting supervisory appraiser designation or termination shall use Form DBPR FREAB 14, Supervisor Designation/Termination Form, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01987.

(f) Persons requesting a duplicate or address/name change of their appraiser license shall use Form DBPR FREAB 15, Appraiser License Maintenance Form, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01988.

(g) Persons requesting a change of status of their appraiser license shall use Form DBPR FREAB 16, Appraiser Change of Status Form, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01989.

(h) Persons applying to register or remove an additional business location shall use Form DBPR FREAB 17, Business/Firm Registration or Change Form, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01990.

(i) Persons requesting to change a business location name or business location address shall use Form DBPR FREAB 18, Change Business/Firm Information  Form, effective        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01991.

(j) Persons applying to become licensed as a Appraiser Instructor shall use Form DBPR FREAB 19, effective                        April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 01992.

(k) Persons who are appraiser applicants submitting to the Department an appraisal experience log shall complete Form DBPR RE-2300, Appraisal Experience Log, effective       , incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(3) Education –

(a) Any individual, organization, or business entity requesting an education course approval shall submit to the Department a completed Form DBPR FREAB 20, Education Course Approval Application, effective       , incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(b) Any individual, organization, or business entity seeking to apply as an education provider shall submit to the Department a completed Form DBPR FREAB 21, Education Provider Approval Application, effective       , incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(c) Any person seeking to apply as an education course instructor shall submit to the Department a completed Form DBPR FREAB 22, Request for Instructor Evaluation, effective       , incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 455.203 455.2035, 455.213, 455.2178, 455.2179 FS. Law Implemented 455.203, 455.213, 455.2178, 455.2179, 455.275, 475.615, 475.621, 475.6221, 475.623, 475.6235, 475.6245, 475.630 FS. History–New 12-23-12, Amended 9-25-13,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allison McDonald, Executive Director, Florida Real Estate Appraisal Board, Department of Business and Professional Regulation, 400 W. Robinson Street, Suite N801, Orlando, Florida 32801, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 29, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2019