David, you still will not answer my question as to how a non-lic or cert appraiser can engage in appraisal practice and not be in violation of the law?
In Florida they can't. Nor does a FL judge have the authority to order a non-licensed individual to perform an appraisal in FL, as judges are not permitted to skirt the law. A judge has as much authority to tell a non-licensed to perform an appraisal as you do: None.
It is incorrect to think or assume that a judge can do this, simply because he/she is a judge.
IMHO, this is the wrong line of thinking when taking a state cert exam. As noted earlier, most questions are general questions regarding appraising, and the rest are state-specific questions. Not being able to distinguish between the two will costs points on the exam And in most cases, it is astoundingly clear, because the question specifically includes a reference to the state, such as the particular regulation in the state license law, etc.
And I'll say it again. If the question is a FL state specific question, the best answer is B. It doesn't follow that because a judge makes an error that the person may also collect a fee. The judge's erroneous decision is one action where a particular set of laws/regulations apply, and the collection of a fee by the individual is a separate action covered by an entirely different set of laws/regulations. "D" could not possibly be the answer, without a series of assumptions that all the parties involved are not following the law. Test questions for licensing, that deal with the potential licensee's conduct, ethics, etc. don't work like that.
FREAB investigators are not license for a reason. They skirt USPAP. How is that possible when Florida is a USPAP mandatory state?
Well, maybe a judge allows it.
