Rule 61J1-8.002. Disciplinary Guidelines

(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. |Up to 30 days suspension and an administrative |Up to 90 days suspension and an administrative fine of | |Failed to place the registration, license or |fine of $500. |$1,000. | |certification number adjacent to or immediately | | | |beneath the state designation. | | | |(b) Section 475.622(1), F.S. |Up to 30 days suspension and an administrative |Up to 90 days suspension and an administrative fine of | |Failed to include the appropriate designation and|fine of $500. |$1,000. | |number in an advertisement. | | | |(c) Section 475.622(2), F.S. |Up to 30 days suspension and an administrative |Up to 90 days suspension and an administrative fine of | |Failed to use the state registration, license or |fine of $500. |$1,000. | |certification designation in any appraisal | | | |report. | | | |(d) Section 455.227(1)(g), F.S., Having been |Revocation and an administrative fine up to |Revocation and an administrative fine of $5,000. | |found liable in a civil proceeding for knowingly |$5,000. | | |filing a false report or complaint with the | | | |department against another licensee. | | | |(e) Section 475.624(2) or 475.6245(1)(b), F.S. |In the case of fraud, misrepresentation and |Revocation and an administrative fine of $5,000. | |Guilty of fraud, misrepresentation, concealment, |dishonest dealing, revocation and an | | |false promises, false pretenses, dishonest |administrative fine up to $5,000. | | |dealing by trick, scheme or device, culpable | |Revocation and an administrative fine of $5,000. | |negligence or breach of trust, or Section |In the case of concealment, false promises and | | |455.227(1)(m), F.S. |false pretenses, 3 to 5 year suspension and an | | | |administrative fine of $1,000. | | | | |Revocation and an administrative fine of $5,000. | | |In the case of culpable negligence and breach of | | | |trust, $1,000 fine to a 1 year suspension. | | | | |Revocation and an administrative fine of $5,000. | | |In the case of untrue statement, $1,000 fine to a| | | |1 year suspension. | | |(f) Section 475.624(3) or 475.6245(1)(c), F.S. |$1,000 fine to a 1 year suspension. |Revocation and an administrative fine of $5,000. | |False, deceptive or misleading advertising, or | | | |Section 455.227(1)(a), F.S. | | | |(g) Section 475.624(4) or 475.6245(1)(d), F.S. |Probation or revocation and an administrative |Revocation and an administrative fine of $5,000. | |Violated any of the provisions of this section or|fine up to $5,000. | | |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. | | | |(h) Section 475.624(5) or 475.6245(1)(e), F.S. |Suspension to revocation and an administrative |Revocation and an administrative fine of $5,000. | |Convicted or found guilty of a crime related to |fine up to $2,500. | | |appraising or appraisal management company | | | |activities involves moral turpitude or fraudulent| | | |or dishonest dealing, or Section 455.227(1)(c), | | | |F.S. | | | |(i) Section 475.624(6) or 475.6245(1)(f), F.S. |Imposition of discipline comparable to the |Revocation and an administrative fine of $5,000. | |Has license disciplined or acted against or an |discipline which would have been imposed if the | | |application denied by another jurisdiction, or |substantive violation had occurred in Florida or | | |Section 455.227(1)(f), F.S. |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. | | |(j) Section 475.624(7) or 475.6245(1)(g), F.S. |Suspension for the period of incapacity and an |Revocation and an administrative fine of $5,000. | |Impairment by drunkenness, or use of drugs or |administrative fine up to $1,000. | | |temporary mental derangement. | | | |(k) Section 475.624(8) or 475.6245(1)(h), F.S. |Suspension and an administrative fine up to |Revocation and an administrative fine of $5,000. | |Confined in jail, prison or mental institution; |$1,000. | | |or through mental disease can no longer practice | | | |with skill or in a confidential capacity. | | | |(l) Section 475.624(9) or 475.6245(1)(i), F.S. |5 year suspension to revocation and an |Revocation and an administrative fine of $5,000. | |Failed to give the Board written notice within 30|administrative fine of $1,000. | | |days after a guilty or nolo contendere plea or | | | |having been convicted of any felony. | | | |(m) Section 475.624(10) or 475.6245(1)(j), F.S. |Suspension to revocation and an administrative |Revocation and an administrative fine of $5,000. | |Guilty for the second time of misconduct in the |fine up to $5,000. | | |practice of real estate appraisal that | | | |demonstrates incompetent dishonest or negligent | | | |dealings with those persons with whom the | | | |licensee sustains a confidential relationship. | | | |(n) Section 475.624(11) or 475.6245(1)(k), F.S. |Suspension to revocation and an administrative |Revocation and an administrative fine of $5,000. | |Has made or filed a report or record which the |fine up to $2,500. | | |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. | | | |(o) Section 475.624(12) or 475.6245(1)(l), F.S. |Revocation. |Revocation. | |Obtained a license or renewal by fraud, | | | |misrepresentation or concealment, or Section | | | |455.227(1)(h), F.S. | | | |(p) Section 475.624(13) or 475.6245(1)(m), F.S. |Revocation. |Revocation. | |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. | | | |(q) Section 475.624(14) or 475.6245(1)(n), F.S. |Probation up to a 1 year suspension and an |Up to 5 year suspension to revocation and an | |Has violated any standard for the development or |administrative fine of up to $5,000. |administrative fine of $5,000. | |communication of a real estate appraisal or other| | | |provision of the Uniform Standards of | | | |Professional Appraisal Practice. | | | |(r) Section 475.624(15) or 475.6245(1)(o), F.S. |1 year Probation to revocation and an |Up to 5 year suspension to revocation and an | |Has failed or refused to exercise reasonable |administrative fine of $1,000. |administrative fine of $5,000. | |diligence in developing or preparing an appraisal| | | |report. | | | |(s) Section 475.624(16) or 475.6245(1)(p), F.S. |$1,000 fine to a 1 year suspension. |Up to 5 year suspension to revocation and an | |Has failed to communicate an appraisal without | |administrative fine of $5,000. | |good cause. | | | |(t) Section 475.624(17) or 475.6245(1)(q), F.S. |30 day suspension up to revocation. |Revocation. | |Has accepted an appraisal assignment contingent | | | |upon the licensee reporting a predetermined | | | |result, analysis or opinion. | | | |(u) Section 475.624(18) or 475.6245(1)(r), F.S. |Up to 90 days suspension and an administrative |Up to 6 month suspension and an administrative fine of | |Has failed to timely notify the department of any|fine of $500. |$1,000. | |change in business location, or has failed to | | | |fully disclose all business locations from which | | | |he operates as an appraiser. | | | |(v) Section 475.626(1)(a), F.S. |5 year suspension to revocation and an |Revocation and an administrative fine of $5,000. | |Has practiced without a valid and current |administrative fine of $1,000. | | |license, registration or certification. | | | |(w) Section 475.626(1)(b), F.S. |Probation to revocation and an administrative |Revocation and an administrative fine of $5,000. | |Has violated any order or rule of the Board. |fine of $1,000. | | |(x) Section 475.626(1)(c), F.S. |Up to 5 years suspension to revocation and an |Revocation and an administrative fine of $5,000. | |Made a false affidavit or affirmation or gave |administrative fine of $1,000. | | |false testimony before the Board. | | | |(y) Section 475.626(1)(d), F.S. |Up to 5 years suspension to revocation and an |Revocation and an administrative fine of $5,000. | |Failed to comply with subpoena issued by the |administrative fine of $1,000. | | |Department of Business and Professional | | | |Regulation, or Section 455.227(1)(q), F.S. | | | |(z) Section 475.626(1)(e), F.S. |Up to 5 years suspension to revocation and an |Revocation and an administrative fine of $5,000. | |Obstructed or hindered the enforcement of Part II|administrative fine of $1,000. | | |of Chapter 475, F.S., or Section 455.227(1)(r), | | | |F.S. | | | |(aa) Section 475.626(1)(f), F.S. |Up to 90 days suspension and an administrative |Up to 5 year suspension and an administrative fine of | |Knowingly concealed information relating to |fine of $1,000. |$5,000. | |violations of Chapter 475, F.S., Part II | | | |(bb) Section 475.6221(3), F.S. |Revocation and an administrative fine of $5,000. |Revocation and an administrative fine of $5,000. | |Supervisory appraiser employed by a trainee | | | |appraiser. | | | |(cc) Section 475.6222, F.S. |Suspension to revocation and an administrative |Revocation and an administrative fine of $5,000. | |Failure to provide direct supervision or training|fine of $5,000. | | |of trainee appraiser. | | | |(dd) Section 455.227(1)(j), F.S. Aiding |Suspension to revocation and an administrative |Revocation and an administrative fine of $5,000. | |unlicensed activity. |fine of $5,000. | | |(ee) Section 455.227(1)(k), F.S. Failure to |Up to 5 years suspension and an administrative |Revocation and an administrative fine of $5,000. | |perform any statutory or legal obligation. |fine of $5,000. | | |(ff) Section 455.227(1)(n), F.S. Exercising |Up to 5 years suspension and an administrative |Revocation and an administrative fine of $5,000. | |influence on client for licensee’s or third |fine of $5,000. | | |party’s financial gain. | | | |(gg) Section 455.227(1)(o), F.S. Practicing or |Up to a 5 year suspension and an administrative |Revocation and an administrative fine of $5,000. | |offering to practice beyond permitted scope. |fine of $1,000. | | |(hh) Section 455.227(1)(p), F.S. Delegating |Up to a 5 year suspension and an administrative |Revocation and an administrative fine of $5,000. | |beyond permitted scope. |fine of $1,000. | | |(ii) Section 455.227(1)(t), F.S. Failure to |Reprimand and an administrative fine of $1,000. |Revocation and an administrative fine of $5,000. | |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). | | | |(jj) Section 475.6245(1)(d), F.S. Has violated |Suspension until annual report submitted and an |Revocation and an administrative fine of $5,000. | |any provision of this part by failing to submit |administrative fine of $1,000. | | |the annual report and fee required by Section | | | |475.621, F.S. | | | |(kk) Section 475.6245(1)(s), F.S. Has influenced |Revocation and an administrative fine of $5,000. |Revocation and an administrative fine of $5,000. | |or attempted to influence the development, | | | |reporting, or review of an appraisal through | | | |coercion, extortion, collusion, compensation, | | | |inducement, intimidation, bribery, or other | | | |means. | | | |(ll) Section 475.6245(1)(t), F.S. Has altered, |Revocation and an administrative fine of $5,000. |Revocation and an administrative fine of $5,000. | |modified, or otherwise changed a completed | | | |appraisal report submitted by an appraiser to an | | | |appraisal management company. | | | |(mm) Section 475.6245(1)(u), F.S. Has employed, |Up to revocation and an administrative fine of |Revocation and an administrative fine of $5,000. | |contracted with, or otherwise retained an |$5,000. | | |appraiser whose registration, license, or | | | |certification is suspended or revoked to perform | | | |appraisal services or appraisal management | | | |services. | | | |(nn) Section 475.6245(1)(v), F.S. Has required or|Up to revocation and an administrative fine of |Revocation and an administrative fine of $5,000. | |attempted to require and appraiser to sign any |$5,000. | | |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. | | | |(oo) Section 475.6245(1)(w), F.S. |Up to revocation and an administrative fine of |Revocation and an administrative fine of $5,000. | |Has required or attempted to require a client to |$5,000. | | |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. | | |

(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. Rulemaking Authority 455.2273, 475.614 FS. Law Implemented 455.227, 475.622, 475.6221(3), 475.624, 475.626, 475.6245 FS. History–New 1-7-92, Formerly 21VV-8.002, Amended 1-9-94, 8-17-97, 6-8-03, 12-4-06, 11-25-07, 1-11-11, 1-30-12, 12-23-12, 7-5-18, 1-16-20, 7-30-23.