Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J1 - Florida Real Estate Appraisal Board › Chapter 61J1-8 - DISCIPLINARY GUIDELINE › Section 61J1-8.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 455.2273, F.S., the Florida Real
				Estate Appraisal Board sets forth below a range of disciplinary guidelines from
				which disciplinary penalties will be imposed upon licensees guilty of violating
				Chapter 455 or Part II, Chapter 475, F.S. (For purposes of this rule, the term
				licensee shall refer to registrants, license holders, certificate holders, or
				appraisal management companies.) The purpose of the disciplinary guidelines is
				to give notice to licensees of the range of penalties which normally will be
				imposed for each count following a Section
				120.57, F.S., hearing. The brief
				description of each violation is provided for quick reference and is not meant
				to convey all elements of any given statutory provision; the full language of
				each statutory provision cited must be consulted in order to determine the
				conduct involved. For purposes of this rule, the order of penalties, ranging
				from lowest to highest, is: reprimand, fine, probation, suspension, and
				revocation or denial. Pursuant to Section
				475.624 or
				475.6245, F.S., combinations of
				these penalties are permissible by law. All penalties at the upper range of the
				sanctions set forth in the guidelines, i.e., suspension, revocation, etc.,
				include lesser penalites, i.e., fine, probation or reprimand, which may be
				included in the final penalty at the Board's discretion. Nothing in this rule
				shall preclude any discipline imposed upon a licensee pursuant to a stipulation
				or settlement agreement, nor shall the ranges of penalties set forth in this
				rule preclude the probable cause panel from issuing a letter of guidance in
				lieu of a finding of probable cause, where appropriate.
(2) As provided in Section
				475.624 or
				475.6245, F.S., the Florida Real
				Estate Appraisal Board may, in addition to other disciplinary penalties, place
				a licensee on probation. The placement of the licensee on probation shall be
				for such a period of time and subject to such conditions as the Board may
				specify. Standard probationary conditions may include, but are not limited to,
				requiring the licensee: to attend pre-licensure courses; to satisfactorily
				complete a pre-licensure course; to attend and satisfactorily complete
				continuing education courses; to submit to reexamination through the
				state-administered examination, which must be successfully completed; to be
				subject to periodic inspections and interviews by an investigator of the
				Department of Business and Professional Regulation.
(3) The penalties are as listed unless
				aggravating or mitigating circumstances apply pursuant to subsection (4):
VIOLATION
PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Section
							 475.622(1),
							 F.S.
Failed to place the registration, license or
							 certification number adjacent to or immediately beneath the state
							 designation.
Up to 30 days suspension and an administrative fine
							 of $500.
Up to 90 days suspension and an administrative fine
							 of $1, 000.
(b) Section
							 475.622(1),
							 F.S.
Failed to include the appropriate designation and
							 number in an advertisement.
Up to 30 days suspension and an administrative fine
							 of $500.
Up to 90 days suspension and an administrative fine
							 of $1, 000.
(c) Section
							 475.622(2),
							 F.S.
Failed to use the state registration, license or
							 certification designation in any appraisal report.
Up to 30 days suspension and an administrative fine
							 of $500.
Up to 90 days suspension and an administrative fine
							 of $1, 000.
(d) Section
							 455.227(1)(g),
							 F.S., Having been found liable in a civil proceeding for knowingly filing a
							 false report or complaint with the department against another licensee.
Revocation and an administrative fine up to $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(e) Section
							 475.624(2) or
							 475.6245(1)(b),
							 F.S.
Guilty of fraud, misrepresentation, concealment,
							 false promises, false pretenses, dishonest dealing by trick, scheme or device,
							 culpable negligence or breach of trust, or Section
							 455.227(1)(m),
							 F.S.
In the case of fraud, misrepresentation and dishonest
							 dealing, revocation and an administrative fine up to $5, 000.
In the case of concealment, false promises and false
							 pretenses, 3 to 5 year suspension and an administrative fine of $1, 000.
In the case of culpable negligence and breach of
							 trust, $1, 000 fine to a 1 year suspension.
In the case of untrue statement, $1, 000 fine to a 1
							 year suspension.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(f) Section
							 475.624(3) or
							 475.6245(1)(c),
							 F.S.
False, deceptive or misleading advertising, or
							 Section 455.227(1)(a),
							 F.S.
$1, 000 fine to a 1 year suspension.
Revocation and an administrative fine of $5,
							 000.
(g) Section
							 475.624(4) or
							 475.6245(1)(d),
							 F.S.
Violated any of the provisions of this section or any
							 lawful order or rule issued under the provisions of this section or Chapter
							 455, F.S., or Section
							 455.227(1)(b),
							 F.S.
Probation or revocation and an administrative fine up
							 to $5, 000.
Revocation and an administrative fine of $5,
							 000.
(h) Section
							 475.624(5) or
							 475.6245(1)(e),
							 F.S.
Convicted or found guilty of a crime related to
							 appraising or appraisal management company activities involves moral turpitude
							 or fraudulent or dishonest dealing, or Section
							 455.227(1)(c),
							 F.S.
Suspension to revocation and an administrative fine
							 up to $2, 500.
Revocation and an administrative fine of $5,
							 000.
(i) Section
							 475.624(6) or
							 475.6245(1)(f),
							 F.S.
Has license disciplined or acted against or an
							 application denied by another jurisdiction, or Section
							 455.227(1)(f),
							 F.S.
Imposition of discipline comparable to the discipline
							 which would have been imposed if the substantive violation had occurred in
							 Florida or suspension of the license until the license is unencumbered in the
							 jurisdiction, in which the disciplinary action was originally taken, and an
							 administrative fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(j) Section
							 475.624(7) or
							 475.6245(1)(g),
							 F.S.
Impairment by drunkenness, or use of drugs or
							 temporary mental derangement.
Suspension for the period of incapacity and an
							 administrative fine up to $1, 000.
Revocation and an administrative fine of $5,
							 000.
(k) Section
							 475.624(8) or
							 475.6245(1)(h),
							 F.S.
Confined in jail, prison or mental institution; or
							 through mental disease can no longer practice with skill or in a confidential
							 capacity.
Suspension and an administrative fine up to $1,
							 000.
Revocation and an administrative fine of $5,
							 000.
(l) Section
							 475.624(9) or
							 475.6245(1)(i),
							 F.S.
Failed to give the Board written notice within 30
							 days after a guilty or nolo contendere plea or having been convicted of any
							 felony.
5 year suspension to revocation and an administrative
							 fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(m) Section
							 475.624(10) or
							 475.6245(1)(j),
							 F.S.
Guilty for the second time of misconduct in the
							 practice of real estate appraisal that demonstrates incompetent dishonest or
							 negligent dealings with those persons with whom the licensee sustains a
							 confidential relationship.
Suspension to revocation and an administrative fine
							 up to $5, 000.
Revocation and an administrative fine of $5,
							 000.
(n) Section
							 475.624(11) or
							 475.6245(1)(k),
							 F.S.
Has made or filed a report or record which the
							 licensee knows to be false or willfully failed to file a report or record or
							 willfully impeded such filing as required by state or federal law, or section
							 455.227(1)(l),
							 F.S.
Suspension to revocation and an administrative fine
							 up to $2, 500.
Revocation and an administrative fine of $5,
							 000.
(o) Section
							 475.624(12) or
							 475.6245(1)(l),
							 F.S.
Obtained a license or renewal by fraud,
							 misrepresentation or concealment, or Section
							 455.227(1)(h),
							 F.S.
Revocation.
Revocation.
(p) Section
							 475.624(13) or
							 475.6245(1)(m),
							 F.S.
Has paid money or other consideration to a member of
							 the Board or employee of the Board to obtain a license registration or
							 certification, or Section
							 455.227(1)(h),
							 F.S.
Revocation.
Revocation.
(q) Section
							 475.624(14) or
							 475.6245(1)(n),
							 F.S.
Has violated any standard for the development or
							 communication of a real estate appraisal or other provision of the Uniform
							 Standards of Professional Appraisal Practice.
Probation up to a 1 year suspension and an
							 administrative fine of up to $5, 000.
Up to 5 year suspension to revocation and an
							 administrative fine of $5, 000.
(r) Section
							 475.624(15) or
							 475.6245(1)(o),
							 F.S.
Has failed or refused to exercise reasonable
							 diligence in developing or preparing an appraisal report.
1 year Probation to revocation and an administrative
							 fine of $1, 000.
Up to 5 year suspension to revocation and an
							 administrative fine of $5, 000.
(s) Section
							 475.624(16) or
							 475.6245(1)(p),
							 F.S.
Has failed to communicate an appraisal without good
							 cause.
$1, 000 fine to a 1 year suspension.
Up to 5 year suspension to revocation and an
							 administrative fine of $5, 000.
(t) Section
							 475.624(17) or
							 475.6245(1)(q),
							 F.S.
Has accepted an appraisal assignment contingent upon
							 the licensee reporting a predetermined result, analysis or opinion.
30 day suspension up to revocation.
Revocation.
(u) Section
							 475.624(18) or
							 475.6245(1)(r),
							 F.S.
Has failed to timely notify the department of any
							 change in business location, or has failed to fully disclose all business
							 locations from which he operates as an appraiser.
Up to 90 days suspension and an administrative fine
							 of $500.
Up to 6 month suspension and an administrative fine
							 of $1, 000.
(v) Section
							 475.626(1)(a),
							 F.S.
Has practiced without a valid and current license,
							 registration or certification.
5 year suspension to revocation and an administrative
							 fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(w) Section
							 475.626(1)(b),
							 F.S.
Has violated any order or rule of the Board.
Probation to revocation and an administrative fine of
							 $1, 000.
Revocation and an administrative fine of $5,
							 000.
(x) Section
							 475.626(1)(c),
							 F.S.
Made a false affidavit or affirmation or gave false
							 testimony before the Board.
Up to 5 years suspension to revocation and an
							 administrative fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(y) Section
							 475.626(1)(d),
							 F.S.
Failed to comply with subpoena issued by the
							 Department of Business and Professional Regulation, or Section
							 455.227(1)(q),
							 F.S.
Up to 5 years suspension to revocation and an
							 administrative fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(z) Section
							 475.626(1)(e),
							 F.S.
Obstructed or hindered the enforcement of Part II of
							 Chapter 475, F.S., or Section
							 455.227(1)(r),
							 F.S.
Up to 5 years suspension to revocation and an
							 administrative fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(aa) Section
							 475.626(1)(f),
							 F.S.
Knowingly concealed information relating to
							 violations of Chapter 475, F.S., Part II
Up to 90 days suspension and an administrative fine
							 of $1, 000.
Up to 5 year suspension and an administrative fine of
							 $5, 000.
(bb) Section
							 475.6221(3),
							 F.S.
Supervisory appraiser employed by a trainee
							 appraiser.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(cc) Section
							 475.6222, F.S.
Failure to provide direct supervision or training of
							 trainee appraiser.
Suspension to revocation and an administrative fine
							 of $5, 000.
Revocation and an administrative fine of $5,
							 000.
(dd) Section
							 455.227(1)(j),
							 F.S. Aiding unlicensed activity.
Suspension to revocation and an administrative fine
							 of $5, 000.
Revocation and an administrative fine of $5,
							 000.
(ee) Section
							 455.227(1)(k),
							 F.S. Failure to perform any statutory or legal obligation.
Up to 5 years suspension and an administrative fine
							 of $5, 000.
Revocation and an administrative fine of $5,
							 000.
(ff) Section
							 455.227(1)(n),
							 F.S. Exercising influence on client for licensee's or third party's financial
							 gain.
Up to 5 years suspension and an administrative fine
							 of $5, 000.
Revocation and an administrative fine of $5,
							 000.
(gg) Section
							 455.227(1)(o),
							 F.S. Practicing or offering to practice beyond permitted scope.
Up to a 5 year suspension and an administrative fine
							 of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(hh) Section
							 455.227(1)(p),
							 F.S. Delegating beyond permitted scope.
Up to a 5 year suspension and an administrative fine
							 of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(ii) Section
							 455.227(1)(t),
							 F.S. Failure to timely report being convicted or found guilty of, or entering a
							 plea of nolo contendere or guilty to, regardless of adjudication, a crime in
							 any jurisdiction (more than 30 days late).
Reprimand and an administrative fine of $1,
							 000.
Revocation and an administrative fine of $5,
							 000.
(jj) Section
							 475.6245(1)(d),
							 F.S. Has violated any provision of this part by failing to submit the annual
							 report and fee required by Section
							 475.621, F.S.
Suspension until annual report submitted and an
							 administrative fine of $1, 000.
Revocation and an administrative fine of $5,
							 000.
(kk) Section
							 475.6245(1)(s),
							 F.S. Has influenced or attempted to influence the development, reporting, or
							 review of an appraisal through coercion, extortion, collusion, compensation,
							 inducement, intimidation, bribery, or other means.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(ll) Section
							 475.6245(1)(t),
							 F.S. Has altered, modified, or otherwise changed a completed appraisal report
							 submitted by an appraiser to an appraisal management company.
Revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(mm) Section
							 475.6245(1)(u),
							 F.S. Has employed, contracted with, or otherwise retained an appraiser whose
							 registration, license, or certification is suspended or revoked to perform
							 appraisal services or appraisal management services.
Up to revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(nn) Section
							 475.6245(1)(v),
							 F.S. Has required or attempted to require and appraiser to sign any
							 indemnification agreement that would require the appraiser to hold harmless the
							 appraisal management company or its owners, agents, employees, or independent
							 contractors and not the services performed by the appraiser.
Up to revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(oo) Section
							 475.6245(1)(w),
							 F.S.
Has required or attempted to require a client to sign
							 any indemnification agreement that would require the client to hold harmless
							 the appraisal management company or its owners, agents, or employees from any
							 liability, damage, loss, or claim arising from the services performed by an
							 appraiser.
Up to revocation and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $5,
							 000.
(4)
(a) When either the petitioner or respondent
				is able to demonstrate aggravating or mitigating circumstances to the Board by
				clear and convincing evidence, the Board shall be entitled to deviate from the
				above guidelines in imposing discipline upon a licensee. Whenever the
				petitioner or respondent intends to introduce such evidence to the Board in a
				Section 120.57(2),
				F.S., hearing, advance notice of no less than seven (7) days shall be given to
				the other party or else the evidence can be properly excluded by the
				Board.
(b) Aggravating or
				mitigating circumstances may include, but are not limited to, the following:
1. The degree of harm to the consumer or
				public.
2. The number of counts in
				the administrative complaint.
3.
				The disciplinary history of the licensee.
4. The status of the licensee at the time the
				offense was committed.
5. The
				degree of financial hardship incurred by a licensee as a result of the
				imposition of a fine or suspension of the license.
6. Violation of the provision of Part II of
				Chapter 475, F.S., wherein a letter of guidance as provided in Section
				455.225(3),
				F.S., previously has been issued to the licensee.
7. Attempts by the licensee to correct or
				stop violations, or refusal by licensee to correct or stop
				violations.