Notice of Proposed Rule

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
PURPOSE AND EFFECT: The Florida Real Estate Appraisal Board is amending Rules 61J1-4.001 and 61J1-4.003, F.A.C. to revise the required coursework for trainee appraisers and for all registered, licensed and certified appraisers.
SUMMARY: In Rules 61J1-4.001 and 61J1-4.003, F.A.C. the required coursework for trainee appraisers and for all registered, licensed and certified appraisers is revised.
SUMMARY OF STATEMENT 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: 475.613, 475.615, 475.618, 475.617, 475.628 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: Thomas O’Bryant, 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) through (4) No change.

(5) Board approved pre-registration courses for trainee appraisers must include the following subject matter:

(a) through (m) No change.

(n) Effective January 1, 2008, Board approved pre-registration courses for trainee appraisers must include a minimum of three (3) hours of instruction and cover the following topics coverage regarding the roles and rules of supervisor and trainee appraisers:.

1. The definitions of direct supervision, registered trainee appraiser, supervisory appraiser, training and work file pursuant to Section 475.611, Florida Statutes.

2. Review of Chapter 475 Part II, Florida Statutes sections regarding the postlicensure education requirement for a registered trainee appraiser, displaying and disclosure of licensure, certification or registration, employment of and by registered trainee real estate appraiser, supervision and training of registered trainee appraisers, and retention of records.

3. Review of Chapter 61J1, Florida Administrative Code sections regarding postlicensing education for registered trainee appraisers, supervision of registered trainee appraisers, displaying and disclosure of registration, licensure or certification designation and advertising.

4. Review of applicable sections of the Uniform Standards of Professional Appraisal Practice and Advisory Opinions including signature and security of signature, competency rule, Standard Rule 2-3, Standards Rule 3-3 and Advisory Opinion 5, the Assistance in the preparation of an appraisal.

(6) Board approved pre-certification courses for certified residential appraisers must include the following subject matter:

(a) through (o) No change.

(p) Effective January 1, 2008, Board approved pre-certification courses for certified residential appraisers must include a minimum of three (3) hours of instruction and cover the following topics coverage regarding the roles and rules of supervisor and trainee appraisers:.

1. The definitions of direct supervision, registered trainee appraiser, supervisory appraiser, training and work file pursuant to Section 475.611, Florida Statutes.

2. Review of Chapter 475 Part II, Florida Statutes, sections regarding the postlicensure education requirement for a registered trainee appraiser, displaying and disclosure of licensure, certification or registration, employment of and by registered trainee real estate appraiser, supervision and training of registered trainee appraisers, and retention of records.

3. Review of Chapter 61J1, Florida Administrative Code, sections regarding postlicensing education for registered trainee appraisers, supervision of registered trainee appraisers, displaying and disclosure of registration, licensure or certification designation and advertising.

4. Review of applicable sections of the Uniform Standards of Professional Appraisal Practice and Advisory Opinions including signature and security of signature, competency rule, Standard Rule 2-3, Standards Rule 3-3 and Advisory Opinion 5, the Assistance in the preparation of an appraisal.

(7) Board approved pre-certification courses for certified general appraisers must include the following subject matter:

(a) through (f) No change.

(g) Effective January 1, 2008, Board approved pre-certification courses for certified general appraisers must include a minimum of three (3) hours of instruction and cover the following topics coverage regarding the roles and rules of supervisor and trainee appraisers:.

1. The definitions of direct supervision, registered trainee appraiser, supervisory appraiser, training and work file pursuant to Section 475.611, Florida Statutes.

2. Review of Chapter 475 Part II, Florida Statutes, sections regarding the postlicensure education requirement for a registered trainee appraiser, displaying and disclosure of licensure, certification or registration, employment of and by registered trainee real estate appraiser, supervision and training of registered trainee appraisers, and retention of records.

3. Review of Chapter 61J1, Florida Administrative Code, sections regarding postlicensing education for registered trainee appraisers, supervision of registered trainee appraisers, displaying and disclosure of registration, licensure or certification designation and advertising.

4. Review of applicable sections of the Uniform Standards of Professional Appraisal Practice and Advisory Opinions including signature and security of signature, competency rule, Standard Rule 2-3, Standards Rule 3-3 and Advisory Opinion 5, the Assistance in the preparation of an appraisal.

(8) 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, 2-6-07,                   .

 

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.

1. The definitions of direct supervision, registered trainee appraiser, supervisory appraiser, training and work file pursuant to Section 475.611, Florida Statutes.

2. Review of Chapter 475 Part II, Florida Statutes, sections regarding the postlicensure education requirement for a registered trainee appraiser, displaying and disclosure of licensure, certification or registration, employment of and by registered trainee real estate appraiser, supervision and training of registered trainee appraisers, and retention of records.

3. Review of Chapter 61J1, Florida Administrative Code, sections regarding postlicensing education for registered trainee appraisers, supervision of registered trainee appraisers, displaying and disclosure of registration, licensure or certification designation and advertising.

4. Review of applicable sections of the Uniform Standards of Professional Appraisal Practice and Advisory Opinions including signature and security of signature, competency rule, Standard Rule 2-3, Standards Rule 3-3 and Advisory Opinion 5, the Assistance in the preparation of an appraisal.

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 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 (6) No change.

(7) A registrant, licensee, or certificate holder, including a Board member, may earn five (5) classroom hours by attending an entire meeting where the Board considers disciplinary cases, for a maximum of seven (7) ten (10) of the required thirty (30) hours; provided that, the individual is not appearing as a party to a disciplinary action and notifies the Division of Real Estate, Education Section, of the intent to attend at least seven (7) days prior to the meeting.

(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, 12-4-06,                     ________.


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: June 4, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007