Posts Tagged ‘Real Estate Appraiser’

Discipline of Florida Licensed Real Estate Appraisers

Thursday, January 10th, 2013

The following appeared on the “The 2012 Florida Statutes” from the Official Internet Site of the Florida Legislature. This is a listing of the Statutes from the State of Florida regarding the discipline of real estate appraisers.

“475.624 Discipline of appraisers.—The board may deny an application for registration or certification of an appraiser; may investigate the actions of any appraiser registered, licensed, or certified under this part; may reprimand or impose an administrative fine not to exceed $5,000 for each count or separate offense against any such appraiser; and may revoke or suspend, for a period not to exceed 10 years, the registration, license, or certification of any such appraiser, or place any such appraiser on probation, if the board finds that the registered trainee, licensee, or certificateholder:

(1) Has violated any provision of this part or s. 455.227(1); however, any appraiser registered, licensed, or certified under this part is exempt from s. 455.227(1)(i).
(2) Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a contract, whether written, oral, express, or implied, in an appraisal assignment; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the registered trainee appraiser or licensed or certified appraiser that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the registered trainee appraiser or licensed or certified appraiser, or was an identified member of the general public.
(3) Has advertised services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
(4) Has violated any provision of this part or any lawful order or rule issued under this part or chapter 455.
(5) Has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the activities of a registered trainee appraiser or licensed or certified appraiser or that involves moral turpitude or fraudulent or dishonest conduct. The record of a conviction certified or authenticated in such form as admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.
(6) Has had a registration, license, or certification as an appraiser revoked, suspended, or otherwise acted against; has been disbarred; has had her or his registration, license, or certificate to practice or conduct any regulated profession, business, or vocation revoked or suspended by this or any other state, any nation, or any possession or district of the United States; or has had an application for such registration, licensure, or certification to practice or conduct any regulated profession, business, or vocation denied by this or any other state, any nation, or any possession or district of the United States.
(7) Has become temporarily incapacitated from acting as an appraiser with safety to those in a fiduciary relationship with her or him because of drunkenness, use of drugs, or temporary mental derangement; however, suspension of a license, certification, or registration in such cases shall only be for the period of such incapacity.
(8) Is confined in any county jail, postadjudication; is confined in any state or federal prison or mental institution; or, through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity.
(9) Has failed to inform the board in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.
(10) Has been found guilty, for a second time, of any misconduct that warrants disciplinary action, or has been found guilty of a course of conduct or practice that shows that she or he is incompetent, negligent, dishonest, or untruthful to an extent that those with whom she or he may sustain a confidential relationship may not safely do so.
(11) Has made or filed a report or record, either written or oral, that the registered trainee appraiser or licensed or certified appraiser knows to be false; has willfully failed to file a report or record required by state or federal law; has willfully impeded or obstructed such filing; or has induced another person to impede or obstruct such filing. However, such reports or records shall include only those that are signed or presented in the capacity of a registered trainee appraiser or licensed or certified appraiser.
(12) Has obtained or attempted to obtain a registration, license, or certification by means of knowingly making a false statement, submitting false information, refusing to provide complete information in response to an application question, or engaging in fraud, misrepresentation, or concealment.
(13) Has paid money or other valuable consideration, except as required by this section, to any member or employee of the board to obtain a registration, license, or certification under this section.
(14) Has violated any standard of professional practice established by rule of the board, including standards for the development or communication of a real estate appraisal.
(15) Has failed or refused to exercise reasonable diligence in developing an appraisal or preparing an appraisal report.
(16) Has failed to communicate an appraisal without good cause.
(17) Has accepted an appraisal assignment if the employment itself is contingent upon the appraiser reporting a predetermined result, analysis, or opinion or if the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached upon the consequences resulting from the appraisal assignment.
(18) Has failed to timely notify the department of any change in business location, or has failed to fully disclose all business locations from which she or he operates as a registered trainee appraiser or licensed or certified appraiser.”
This ends the article from the website.

If you feel your Florida professional license is in jeopardy contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of  Soreide Law Group, PLLC, will represent you in front of the Florida Real Estate Appraisal Board and/or the Florida Real Estate Commission regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: http://www.floridaprofessionallicense.com.

 

THE PROPER DISPLAY OF FLORIDA REAL ESTATE APPRAISER

Wednesday, June 16th, 2010

On Florida’s Department of Business and Professional Regulation’s website, in the Division of Real Estate the following information was given:  Florida’s real estate appraisers are being reminded of Florida Statute and Florida Administrative Code (rule) requirements for the proper display of appraiser designations and license numbers.  While there have been many recent changes to the appraisal report forms used by real estate appraisers to conduct their daily business, Florida Statute and Rule remain the same.

The newest appraisal forms used for residential mortgage lenders contain revised language within the signature block where an appraiser affixes their license designation and number.  The new forms don’t require the display of an appraiser’s designation, only a license number. 

 Any failure to properly display your designation and license number in an appraisal report that is submitted to a client could result in discipline against your license as defined in Rule 61J1-8 Disciplinary Guidelines.

Failure to include your designation in the signature block is a violation of Chapter 475.622, Florida Statutes and Rule 61J1-7.001, Florida Administrative Code, which detail the requirements for the proper display of an appraiser’s designation and number within the appraisal report.

The Statutes and Rules can be found by choosing the “Statutes and Rules” link  on the Real Estate Division on the Florida Divison of Professional Regulation’s website and choosing the appropriate link.

Soreide Law Group will represent you in front of the Florida Real Estate Appraisal Board regarding licensing issues.  To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

Becoming a Florida Certified Residential Appraiser

Thursday, April 1st, 2010
  • The candidate must complete 200 classroom hours of board-approved courses covering the topics required by the FREAB in subjects related to real estate appraisal. This must include 15 hours of the Uniform Standards of Professional Appraisal Practice(USPAP). Past courses may be approved by the board and could be substituted on an-hour-for-hour basis.
  • You must provide proof of satisfactory completion of either a 2 year associates degree or higher, OR a total of 21 semester hours consisting of: English Composition; Principles of Economics, (either Macro or Micro); Finance; Algebra; Geometry or higher mathematics; Statistics; Computer Science; and either Business Law or Real Estate Law.
  • The candidate must submit a completed application, fingerprint card, and appropriate fee.
  • On an RE 2300 Form, you must provide evidence of 2,500 hours of real property appraisal experience obtained over a 24-month period in real property appraisal by furnishing under oath a detailed statement of the experience for each year of experience claimed. The experience claimed must have been acquired in no less than 24 months. Upon request, the applicant must provide the appraisal board, for its examination, copies of appraisal reports to support the claim for experience.
  • You will need to pass the Residential National Exam and Florida Supplemental Exam.
  • All appraisers are now required to register the firm or business name where they will conduct appraisal services. To do so, you must submit a completed Change of Status RE-2065-1 form to the Department.

Soreide Law Group will represent you in front of the Florida Real Estate Appraisal Board regarding licensing issues.  To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.