61J1-8.001: Citation Authority
61J1-8.002: Disciplinary Guidelines
61J1-8.003: Notice of Noncompliance
PURPOSE AND EFFECT: The Florida Real Estate Appraisal Board is amending Rule 61J1-8.001, F.A.C., to make disposable by citation failing to sign a certification with the same name registered with the Department and failing to timely notify the Department of any change in business location or change of business name, trade name, or firm name or who has failed to fully disclose all business locations from which the appraiser operates as an appraiser.
The Florida Real Estate Appraisal Board is amending Rule 61J1-8.002, F.A.C., to provide disciplinary guidelines for a supervisory appraiser being employed by a trainee appraiser.
The Florida Real Estate Appraisal Board is revising Rule 61J1-8.003, F.A.C., to eliminate some violations for which an appraiser can be issued a notice of non-compliance and also to update citations for offenses for which a notice of non-compliance may be issued to an appraiser.
SUMMARY: In Rule 61J1-8.001, F.A.C., failing to sign a certification with the same name registered with the Department and failing to timely notify the Department of any change in business location or change of business name, trade name, or firm name or who has failed to fully disclose all business locations from which the appraiser operates as an appraiser are made disposable by citation.
In Rule 61J1-8.002, F.A.C., disciplinary guidelines are provided for a supervisory appraiser being employed by a trainee appraiser.
In Rule 61J1-8.003, F.A.C., some violations for which an appraiser can be issued a notice of non-compliance are eliminated and citations for offenses for which a notice of non-compliance may be issued to an appraiser are updated.
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 FS.
LAW IMPLEMENTED: 455.2245, 455.275, 475.622(1), 475.622(1), 475.624(14), (18) 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:
61J1-8.001 Citation Authority.
(1) No change.
(2) The following violations with accompanying fine may be disposed of by citation:
(a) Section 475.624(4), F.S. – has violated any of the provisions of Chapter 455 or 475, Part II, F.S., by –
1. through 6. No change.
7a. Failing to sign a certification pursuant to $5300.00
Section 475.624(14), F.S.
7b. Failing to sign certification with same name $500.00
registered with the Department.
8.a. Failing to state reporting options as required by $300.00
Section 475.624(14), F.S.
8.b. Failing to timely notify the department $300.00
of any change in business location or change of
business name, trade name, or firm name, or has
failed to fully disclose all business locations
from which he operates as an appraiser as
required by Section 475.624(18), F.S., and
Rule 61J1-7.004, F.A.C.
(3) through (5) No change.
Specific Authority 475.614 FS. Law Implemented 455.224, 455.275, 475.622(1), 475.6221(1), 475.624(14), (18) FS. History–New 12-4-91, Amended 4-21-92, Formerly 21VV-8.001, Amended 8-8-93, 5-14-95, 3-26-96, 7-23-96, 7-10-97, 11-11-97, 11-20-05.
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):
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VIOLATIONS |
RECOMMENDED |
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(a) Through (aa) No change. |
No change. |
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(bb) Section 475.6221(3), F.S. Supervisory appraiser employed by a trainee appraiser. |
The usual action of the Board shall be to impose a penalty of a 5 year suspension to revocation and an administrative fine of $1,000.00 |
(4)(a) to (b) No change.
Specific Authority 455.2273, 475.614 FS. Law Implemented 455.227, 475.622, 475.624, 475.626 FS. History–New 1-7-92, Formerly 21VV-8.002, Amended 1-9-94, 8-17-97, 6-8-03, .
61J1-8.003 Notice of Noncompliance.
(1) Pursuant to Sections 455.225(3) and 120.695, F.S., the board sets forth below those rules which are considered minor violations for which the DBPR shall provide a registrant, licensee or certificate holder with a notice of noncompliance. A violation of a rule is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation.
(a) No change.
(b) Section 475.622, F.S. Rule 61J1-7.002, F.A.C. – Display of number.
(c) Rule 61J1-7.003, F.A.C. – Designation and number in advertising.
(d) Subsection 61J1-7.004(1), F.A.C. – Registration of business address.
(e) Subsection 61J1-7.004(2), F.A.C. – Change of business address.
(d) (f) Section 475.6221(1), F.S. Subsection 61J1-7.007(1), F.A.C. – Registering the name of supervising appraiser; notification of termination of relationship with supervising appraiser.
(e)(g) Subsection 61J1-7.008(2), F.A.C. – Registration or change of current mailing address as defined in Rule 61J1-7.008, F.A.C.
(2) Through (3) No change.
Specific Authority 475.614 FS. Law Implemented 120.695, 455.225(3) FS. History–New 3-28-94, Amended 1-1-96, .