61J1-11.001: Definitions
61J1-11.002: Application for Registration as an Appraisal Management Company.
PURPOSE AND EFFECT: The Board proposes the promulgation of the rules in order to comply with statutory requirements.
SUBJECT AREA TO BE ADDRESSED: Definitions. Application for Registration as an Appraisal Management Company.
RULEMAKING AUTHORITY: 475.614 FS.
LAW IMPLEMENTED: 455.275(1), 475.613, 475.6235, 475.624 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Juana Watkins, Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
61J1-11.001 Definitions.
(1) “Address of record” means the mailing address of the appraisal management company.
(2) “Authorized representative” means any person who possesses the authority, directly or indirectly, to direct the management or policies of the appraisal management company, whether through ownership, by contract, or otherwise, as provided in Section 475.6235(2)(f), F.S.
Rulemaking Authority 475.614 FS. Law Implemented 455.275(1), 475.613, 475.6235, 475.624 FS. History–New________.
61J1-11.002 Application for Registration as an Appraisal Management Company.
(1) An applicant for registration as an appraisal management company shall file a completed application on Form DBPR FREAB-1, “Application for Registering an Appraisal Management Company,” effective June____, 2011. The form, together with the instructions for completion, is incorporated herein by reference and may be obtained from the Board’s office at
(2) At the time of filing the application for registration, the applicant and all authorized representatives must sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice, as defined in Section 475.611(1)(q), F.S., and must indicate in writing that they understand the types of misconduct for which disciplinary proceedings may be initiated.
(3) The applicant and all authorized representatives must make it possible for the Board to determine whether they are competent and qualified to perform appraisal management services with safety to those with whom they may undertake a relationship of trust and confidence and the general public by disclosing all of the following:
(a) Whether they have ever been convicted or found guilty, or entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of an appraiser, or which involves moral turpitude or fraudulent or dishonest conduct;
(b) Whether any civil proceedings are pending against them or whether any civil judgment has been rendered against them in a case wherein the pleadings charged them with fraudulent or dishonest dealings; and
(c) Whether they have had a registration, license, or certification to practice any regulated profession, business, or vocation revoked, suspended, disbarred or otherwise acted against by this or any other state, any nation, or any possession or district of the United States, whether any such proceeding or investigation is now pending, or whether they have 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.
(4) If an applicant and/or any authorized representative discloses information pursuant to subsection (3), above, they must submit certified copies of the following documents along with the application to be considered for registration: criminal judgments and sentences, civil judgments, civil decrees, and/or final orders by administrative and/or regulatory agencies pertaining to licensure. If such documents are no longer retained by a clerk of court or agency clerk or are no longer in existence, then the applicant and/or any authorized representative must submit proof, such as a written affidavit or statement from a clerk of court or agency clerk, that said documents are no longer retained or are no longer in existence.
Rulemaking Authority 475.614 FS. Law Implemented 475.613, 475.6235, 475.624 FS. History–New_________.