Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Appraisal Board
RULE NO: RULE TITLE
61J1-3.001: Application by Individuals
61J1-3.004: Issuance of Registration or Certification
PURPOSE AND EFFECT: The Florida Real Estate Appraisal Board is amending Rule 61J1-3.001, F.A.C. in order to implement changes to chapter 475, Part II of the Florida Statutes.
The Florida Real Estate Appraisal Board is promulgating new Rule 61J1-3.004, F.A.C. in order to implement new Section 475.6171 of the Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Application by Individuals; Issuance of Registration or Certification
SPECIFIC AUTHORITY: 475.614, 475.613(2), 475.614, 475.6171 FS.
LAW IMPLEMENTED: 475.613, 475.615, 475.617, 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: Michael E. Murphy, 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:

61J1-3.001 Application by Individuals.

(1) An applicant for registration, or certification as an appraiser shall submit an application package which shall include, as applicable, forms DBPR RE-2000 (Application Requirements), DBPR 0010 (Master Application), DBPR RE 2010a (Appraiser Background Qualifications), DBPR 0050 (Criminal Background Disclosure), DBPR 0060 (Additional Background Disclosure), and DBPR 0030 (Attest Statement), which are incorporated herein by reference, electronic fingerprints, an application fee, and all other documentation required by this section in 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 by 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 (4) No change.

(5) At the time of filing the application for registration, or certification, the applicant must sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(q)(o), F.S., and must indicate in writing that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated.

(6)(a) through (d) No change.

(7) An individual’s application shall expire one (1) year after the date received by the Department of Business and Professional Regulation. If the applicant fails to take the examination or fails to successfully complete the examination within 1 year of the Department receiving the application, the application shall expire and a new application must be filed.

Specific Authority 475.614 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, ________.

 

61J1-3.004 Issuance of Registration or Certification.

Any applicant requesting the issuance of his or her registration or certification shall submit to the Board the following in order for the applicant’s registration or certification to be issued:

(1) Have a completed application for registration or certification that demonstrates compliance with qualifications as specified in Section 475.615, F.S., approved by the Board;

(2) Provide the Board with proof of successful course completion as specified in Section 475.617, F.S. and as further defined in Rule 61J1-4.001, F.A.C.;

(3) Provide the Board with proof of experience for certification as specified in Section 475.617, F.S., and as further defined in Rule 61J1-6.001, F.A.C.; and

(4) Provide the Board with proof of passing a written examination as specified in Section 475.616, F.S., and as further defined by Rule 61J1-5.001, F.A.C., if a written examination is required. The Board shall not issue a certification to an applicant whose examination results are obtained more than 24 months after the date of examination.

Specific Authority 475.613(2), 475.614, 475.6171 FS. Law Implemented 475.6171 FS. History–New ________.