Florida Regulations 61J1-8.001: Citation Authority
Current as of: 2024 | Check for updates
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(1) Pursuant to Florida Statutes § 455.224, the board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed.
(2) The following violations with accompanying fine may be disposed of by citation:
(a) Florida Statutes § 475.624(4) – has violated any of the provisions of Chapter 455 or 475, Part II, F.S., by –
1. Failing to place the registration, license, or certification number adjacent to or immediately beneath the state designation as required in Florida Statutes § 475.622
$300.00
2. Failing to use the state registration, license, or certification designation in all appraisal reports as required in Florida Statutes § 475.622, and Fl. Admin. Code R. 61J1-7.001
$300.00
3. Failing to include the appropriate designation and number in an advertisement as required in Florida Statutes § 475.622, and Fl. Admin. Code R. 61J1-7.003
$300.00
4. Failing to notify the department in writing of the current mailing address or any change in the current mailing address as required in Florida Statutes § 455.275(1), and subsection 61J1-7.008(2), F.A.C.
$300.00
5.a. Failing to register the name of the trainee as required by Florida Statutes § 475.6221(1)
$500.00
b. Failing to register the name of the supervisory appraiser as required by Florida Statutes § 475.6221(1)
$500.00
6. Failing to notify the department of the termination of the relationship with the supervising appraiser as required by Florida Statutes § 475.6221(1)
$300.00
7.a. Failing to sign a certification pursuant to Florida Statutes § 475.624(14)
$500.00
b. Failing to sign certification with same name registered with the department.
$500.00
8.a. Failing to state reporting options as required by Florida Statutes § 475.624(14)
$300.00
b. Failing to timely notify the department of any change in business location or change of business name, trade name, or firm name, or has failed to fully disclose all business locations from which he operates as an appraiser as required by Florida Statutes § 475.624(18), and Fl. Admin. Code R. 61J1-7.004
$300.00
9. Failing to register the firm or business name and location as required by Florida Statutes § 475.623
$500.00
10. 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 (up to 30 days late) as required by Section 455.227(1)(t), F.S.
$300.00
(b) Failing to submit the AMC annual report and fee as required by Florida Statutes § 475.621
$500.00
(3) Citations may be issued to real estate appraisers by the Division of Real Estate and may be subject to legal review by the Office of Consumer Complaints and Legal Services of the Division of Real Estate. Such review may be by telephone, in writing or facsimile machine.
(4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address.
(5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “”Department of Business and Professional Regulation – Citations”” and sent to either the Department of Business and Professional Regulation in Tallahassee or the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine.
Rulemaking Authority 475.614 FS. Law Implemented 455.224, 455.275, 475.622(1), 475.6221(1), 475.624(14), (18) FS. History-New 12-4-91, Amended 4-21-92, Formerly 21VV-8.001, Amended 8-8-93, 5-14-95, 3-26-96, 7-23-96, 7-10-97, 11-11-97, 11-20-05, 12-4-06, 11-25-07, 9-1-10, 1-16-20.
Terms Used In Florida Regulations 61J1-8.001
- Appraisal: A determination of property value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) Florida Statutes § 475.624(4) – has violated any of the provisions of Chapter 455 or 475, Part II, F.S., by –
1. Failing to place the registration, license, or certification number adjacent to or immediately beneath the state designation as required in Florida Statutes § 475.622
$300.00
2. Failing to use the state registration, license, or certification designation in all appraisal reports as required in Florida Statutes § 475.622, and Fl. Admin. Code R. 61J1-7.001
$300.00
3. Failing to include the appropriate designation and number in an advertisement as required in Florida Statutes § 475.622, and Fl. Admin. Code R. 61J1-7.003
$300.00
4. Failing to notify the department in writing of the current mailing address or any change in the current mailing address as required in Florida Statutes § 455.275(1), and subsection 61J1-7.008(2), F.A.C.
$300.00
5.a. Failing to register the name of the trainee as required by Florida Statutes § 475.6221(1)
$500.00
b. Failing to register the name of the supervisory appraiser as required by Florida Statutes § 475.6221(1)
$500.00
6. Failing to notify the department of the termination of the relationship with the supervising appraiser as required by Florida Statutes § 475.6221(1)
$300.00
7.a. Failing to sign a certification pursuant to Florida Statutes § 475.624(14)
$500.00
b. Failing to sign certification with same name registered with the department.
$500.00
8.a. Failing to state reporting options as required by Florida Statutes § 475.624(14)
$300.00
b. Failing to timely notify the department of any change in business location or change of business name, trade name, or firm name, or has failed to fully disclose all business locations from which he operates as an appraiser as required by Florida Statutes § 475.624(18), and Fl. Admin. Code R. 61J1-7.004
$300.00
9. Failing to register the firm or business name and location as required by Florida Statutes § 475.623
$500.00
10. 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 (up to 30 days late) as required by Section 455.227(1)(t), F.S.
$300.00
(b) Failing to submit the AMC annual report and fee as required by Florida Statutes § 475.621
$500.00
(3) Citations may be issued to real estate appraisers by the Division of Real Estate and may be subject to legal review by the Office of Consumer Complaints and Legal Services of the Division of Real Estate. Such review may be by telephone, in writing or facsimile machine.
(4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address.
(5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “”Department of Business and Professional Regulation – Citations”” and sent to either the Department of Business and Professional Regulation in Tallahassee or the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine.
Rulemaking Authority 475.614 FS. Law Implemented 455.224, 455.275, 475.622(1), 475.6221(1), 475.624(14), (18) FS. History-New 12-4-91, Amended 4-21-92, Formerly 21VV-8.001, Amended 8-8-93, 5-14-95, 3-26-96, 7-23-96, 7-10-97, 11-11-97, 11-20-05, 12-4-06, 11-25-07, 9-1-10, 1-16-20.