Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Appraisal Board
RULE NO: RULE TITLE
61J1-3.001: Application by Individuals
PURPOSE AND EFFECT: The Florida Real Estate Appraisal Board is adopting rules to implement the electronic fingerprint requirement of Section 475.615(3) of the Florida Statutes which became effective on July 1, 2006.
SUMMARY: The Florida Real Estate Appraisal Board’s amendments to Rule 61J1-3.001, F.A.C., implement changes to Section 475.615(3) of the Florida Statutes by requiring all applicants for appraisal licensure to submit electronic fingerprints, requiring applicants to have fingerprints taken by a DBPR approved vendor, and requiring DBPR vendors to submit the applicant’s fingerprints to the Florida Department of Law Enforcement.
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: 475.613, 475.615, 475.617, 475.624 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:

61J1-3.001 Application by Individuals.

(1) An applicant for registration, or certification as an appraiser shall submit an application is such a manner as provided by the Department.

(a) Beginning July 1, 2006, every person applying for any real estate appraiser certification or registration must provide fingerprints in electronic format along with his or her application for real estate appraiser certification or registration.

(b) Every person applying for any real estate appraiser certification or registration must have his or her fingerprints taken electronically be a Department of Business and Professional Regulation approved electronic fingerprint service provider or vendor.  The Department of Business and Professional Regulation shall maintain a list of approved electronic fingerprint service providers and vendors.

(c) The Department of Business and Professional Regulation approved electronic fingerprint service providers and vendors shall be responsible for submitting each applicant’s electronic fingerprints to the Florida Department of Law Enforcement for purposes of processing the fingerprint card to determine if the applicant has a criminal history record..

(2) through (7) No change.

Specific Authority 475.614, 475.615 FS. Law Implemented 475.613, 475.615, 475.617, 475.624 FS. History–New 10-15-91, Formerly 21VV-3.001, Amended 10-29-98, 1-7-99, 2-21-02, 5-25-04, 1-8-06,_________.


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 5, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 23, 2006