Division of Real Estate Thomas O Bryant, Jr., Director 400 West Robinson Street, Suite N801 Orlando, Florida 32801-1757 Phone: 407.481.5662 Fax: 407.317.7245 Charles W. Drago, Secretary Charlie Crist, Governor of THE FLORIDA REAL ESTATE APPRAISAL BOARD October 5 & 6, 2009 General Meeting Chair Joni Herndon called the meeting of the Florida Real Estate Appraisal Board to order at approximately 8:40 a.m., in Orlando, Florida, on this Monday, the 5th day of October, 2009. Member Wright offered the invocation and Vice-Chair Rogers led the Pledge of Allegiance. The Chair introduced the members present: Vice-Chair Michael Rogers, Cynthia Wright, Susan Dailey and Evalyn Fran Oreto. Mary Ellen Clark, Assistant Attorney General, appeared as counsel for the Board. With five of the five appointed members present, Ms. Clark declared a quorum present. Division staff present at the meeting: Juana Watkins, Deputy Director; James Harwood, Chief Attorney; Chris Lindamood, Robert Minarcin, Senior Attorneys; Beverly Ridenauer, Government Analyst II; JoEllen Peacock, Education Coordinator; Peter Patterson, Government I; and Lori Crawford, Deputy Clerk. American Court Reporting, Inc (407.896.1813) provided court reporter services. Approval of the Upon motion by Member Oreto, with second by Member Dailey, the Board unanimously approved the of the August 5-6, 2009 General Meeting. Application Review The Board considered the request of Registered Trainee Appraiser Jennifer Reed to have her license reinstated from a Null and Void status. Following discussion, Member Wright moved to reinstate Ms. Reed s license as authorized by S. 455.271. F. S. as she had completed the total number of post licensing education within the six months following the end of the renewal. Member Dailey seconded the motion which carried unanimously. Legal Appearance Docket: The Board addressed the Legal Appearance Docket, hearing sixty docket items and approving the withdrawal or continuance of five docket items. The Board s decisions on these matters are as follows: (1) Item 14 Case Nos. 2007066850; 2008011297; 2008014019; 2008011333, Tammy Sturtevant Settlement Agreement Tammy Sturtegvant was not present, but was represented by Counsel Erik S. Grindley. Vice-Chair Rogers and Member Dailey were recused due to participation on the probable cause panels. Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.626(1)(f) by having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475 ; violation of Uniform Standards of Professional Appraisal Practice (2005) Conduct Section of the Ethics Rule, Rules 1-1(a), (b) and (c), 1-2(e)(i) and (h), 1-3(a) and (b), 1-4(b)(i), 1-6(a) and (b), 2-1(a) and (b), and 2-2(b)(iii), (vii) and (viii), 2-3, Definition of Signature, and Florida Statutes 475.624(14); Florida Statutes 475.629 and 475.624(4) by failing to retain records for at
least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports and Florida Statutes 475.624(15) by being guilty of having failed to exercise reasonable diligence in developing an appraisal report. After discussion and upon motion by Member Oreto, with second by Member Wright the motion carried unanimously to reject the Settlement Agreement. After discussion and upon motion by Member Oreto, with second by Member Wright the motion carried unanimously to offer a counter offer to be accepted or refused in writing by the respondent within 30 days. Action taken: Settlement Agreement rejected; counter offer includes Dismissal of Counts III, VI, VII, and IX of Case No. 2007066850; Counts II, IV, V, VIII, IX, X and XI of Case No. 2008011297; Counts I, III, VI, VIII, IX, X, and XI of Case No. 2008014019 and Counts II, IV, V, VIII, IX, X and XI of Case No. 2008011333; $4,000 fine, $1000 costs, 9 month suspension of License; attend 1 two-day FREAB meeting, 100 hours of appraisal education courses, tested and no online courses; 3 years on probation, no trainees for 3 years; fine to be paid over the 3 year probationary period to be accepted or rejected in writing within 30 days. (2) Item 43 Case No. 2008046750 Rick Ditas Settlement Agreement Rick Ditas was present and was represented by Counsel John O. Sutton. Chair Herndon was recused due to Administrative Complaints: violation of Uniform Standards of Professional Appraisal Practice (2008) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a), (b), and (c), 1-4(b), 1-5(a), 2-1(a) and (b), and Florida Statutes 475.624(14). After discussion and upon motion by Member Dailey, with second by Member Wright the motion carried unanimously to accept the Settlement Agreement. Penalty imposed: Dismiss Counts I and VI; $1,250 fine, $726 costs; 12 month probation, attend 2 two-day FREAB meeting, 45 hours education to include 15 hours of USPAP. (3) Item 19 Case No. 2008058067, Steven A. Porcaro Settlement Agreement Steven A. Porcaro was present and was represented by Counsel Cathleen E. O Dowd. Chair Herndon and Member Dailey were recused due to participation on the probable cause panels. Administrative Complaint: Violation of Florida Statutes 475.624(12) by obtaining or attempting to obtain a registration, license, or certification by means of knowingly making a false statement, submitted false information, refusing to provide complete information in response to an application question, or engaging in fraud, misrepresentation, or concealment; Florida Administrative Code Rule 61J1-3.001(6)(b) and Florida Statutes 475.624(4) by failing to disclose any civil proceeding pending against him on an application for licensure and Florida Statutes 475.624(6) by having had a registration suspended, revoked, or otherwise acted against in any jurisdiction. After discussion and upon motion by Member Wright, with second by Member Oreto, the motion carried unanimously to reject the proposed penalty. After discussion Member Oreto moved to make a counter offer on the stipulation, with second by Vice Chair Rogers, the motion carried with a vote of 2 1. Page 2 1
Member Oreto moved to reconsider the counter offer to amend the original counter offer to include a timeframe of one year to pay the $3,000 fine. Member Wright seconded the motion which carried. Vice Chair Rogers voted against the motion. Action taken: Settlement Agreement rejected; counter offer includes $3000 fine, $438.90 costs, l year probation, attend 2 two-day meetings, additional education hours covering the topics of fraud or ethics to be at least 7 hours over and above the regular continuing education courses to be accepted or rejected in writing within 30 days. (4) Item 33 Case No. 2008034401 Jason Edwards Settlement Agreement Jason Edwards was present and was represented by Counsel Jacob Stump. Ms. Wright was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2008) Conduct Section of the Ethics Rule, Record Keeping Section of the Ethics Rule, Rules 1-1(c), 1-5(a), 2-1(a) and (b), and 2-2(b)(vi) and (viii), Florida Statutes 475.624(14). Following discussion and upon motion by Member Dailey, with second by Member Oreto the motion carried to accept the settlement agreement as presented. Vice-Chair Rogers voted against the motion. Penalty imposed: Dismiss Counts II, III, VII, VIII; $1000 fine, $947.10 costs; attend 2 two-day FREAB meetings, complete 30 hours education including 15 hour USPAP. (5) Item 32 Case No. 2008043111 Victor Mirea Settlement Agreement Victor Mirea was present and was represented by Counsel, Jonathan E. Kanov. Ms. Herndon was recused due to Administrative Complaints: violation of Uniform Standards of Professional Appraisal Practice (2008) Recordkeeping Section of the Ethics Rule, Rules 1-1(c), 1-4(b), 2-2(b)(viii), and Florida Statutes 475.624(14). After discussion and upon motion by Member Wright, with second by Member Oreto the motion carried unanimously to accept the settlement agreement as presented. Penalty imposed: Dismiss Counts II, III, IV; $500 fine, $472.90 costs; 12 month probation, attend 1 two-day FREAB meeting, complete 15 hours USPAP course. (6) Item 37 Case No. 2008034032 William H. King Settlement Agreement William H. King was present and was represented by Counsel Daniel Villazon. Ms. Wright was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2008) Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(a), Page 3 1
(b), and (c), 1-2(d), (f), (h), 1-3(b), 2-1(a), (b) and (c), 2-2(b)(vi), (vii), (viii) and (ix) and Florida Statutes 475.624(14). Vice Chair Rogers moved to reject the stipulation. This motion failed for lack of second. After discussion Member Dailey moved to accept the stipulation, Member Oreto seconded the motion. The motion failed to carry as Chair Herndon and Vice-Chair Rogers voted against the motion. Member Dailey moved to accept the stipulation. Member Oreto seconded the motion. The motion carried with Vice-Chair Rogers voting against it. Penalty imposed: Dismiss Counts II, III, V, VI, VIII; $1500 fine, $1000 costs; 18 months probation, attend 2 two-day FREAB meetings, 60 hours continuing education to include 15 hour USPAP course, restitution in the amount of $950 to be paid to complainant within 60 days of the entry of the Final Order accepting the Stipulation. (7) Item 27 Case No. 2008038633 William H. King Settlement Agreement William H. King was present and was represented by Counsel Daniel Villazon. Ms. Wright was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; Florida Statutes 475.624(2) by being guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Uniform Standards of Professional Appraisal Practice (2006) Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Conduct Section of the Ethics Rule, Competency Rule, Rules 1-1(a), and (c), 1-2(h), 1-4(a) and (b), 2-1(a) and (b), 2-2(b)(viii) and Florida Statutes 475.624(14). After discussion and upon motion by Member Oreto, with second by Vice-Chair Rogers the motion carried unanimously to reject the Settlement Agreement. Following discussion and upon motion by Chair Herndon, with second by Member Oreto, the Board voted unanimously to extend a counter offer. Action Taken: Settlement Agreement rejected; counter offer includes $1,000 costs, 18 months probation within which the fine shall be paid, may not supervise trainees during probation, 30 hours of additional education with an exam covering the topic of income approach. The motion carried. Vice Chair Rogers voted against the motion. The respondent and his attorney accepted the counter offer at the meeting on the record. (8) Item 28 Case No. 2008057695 Timothy Allaire Settlement Agreement Timothy Allaire was not present, but was represented by Counsel Steven W. Johnson. Ms. Herndon was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal Page 4 1
reports; violation of Uniform Standards of Professional Appraisal Practice (2008) Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(a), (b), and (c), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). After discussion and upon motion by Member Dailey, with second by Member Oreto the motion carried unanimously to accept the settlement agreement as presented. Penalty imposed: Dismiss Counts III, VI and VII, $1,000 fine, $1,191.30 costs; 18 month probation, attend 2 two-day FREAB meeting, complete 30 hours of continuing education to include 15 hour USPAP course. (9) Item 31 Case No. 2008046637 Robert A. Stanton, Jr. Settlement Agreement Robert A. Stanton Jr. was not present, but was represented by Counsel Steven W. Johnson. Ms. Dailey was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2008) Record Keeping Section of the Ethics Rule, Rules 1-1(a), and (c), 1-4(a) and (b), 2-1(a) and (b), 2-2(b)(viii) and Florida Statutes 475.624(14). After discussion and upon motion by Vice-Chair Rogers, with second by Member Wright, the motion carried unanimously to reject the Settlement Agreement. Vice-Chair Rogers moved to propose a counter offer. Member Wright seconded the motion, which carried unanimously. Action Taken: Settlement Agreement rejected; Counter Offer includes no counts dismissed, $6,000 fine, $501.60 costs; 30 day suspension, 12 month probation within which time the fine shall be paid, attend 2 two-day FREAB meeting, 60 hours of tested education to include 15 hour USPAP course, site valuation and cost approach, with no early terms; offer to be accepted or rejected in writing within 30 days. The motion carried with Chair Herndon voting against it. (10) Item 53 Case No. 2008042822 Anna M. Fish Settlement Agreement Anna Fish was not present, but was represented by Counsel Steven W. Johnson. Ms. Herndon was recused due to Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2008) Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(b), 2-1(a) and (b), 2-2(b)(viii) and the Competency Rule and Florida Statutes 475.624(14); Florida Administrative Code. After discussion and upon motion by Member Dailey, with second by Member Wright the motion carried unanimously to accept the stipulation as proposed. Penalty imposed: Dismiss Counts I, III, IV; $1,000 fine, $2,000 costs; 12 month probation, attend 2 two-day FREAB meeting, 45 hours of education to include 15 hours USPAP, no supervision of trainees during probation. Page 5 1
(11) Item 40 Case No. 2008018547 Patricia Perez Settlement Agreement Patricia Perez as not present but was represented by Counsel Steven Johnson. Ms. Dailey was recused due to Ms. Blakeman represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports and supporting data assembled and formulated by the appraiser in preparing appraisal reports, violation of Uniform Standards of Professional Appraisal Practice (2008) Rules 1-1(a), (b), and (c), 2-2(b)(viii) and Florida Statutes 475.624(14); Florida Statutes 475.623 failing to furnish in writing to the department each business address from which she operates in the performance of appraisal services. After discussion and upon motion Vice Chair Rogers, with second by Member Wright, the motion carried unanimously to accept the stipulation. Penalty imposed: Dismiss Counts I, III, V; $1,500 fine, $759 costs; 1 year probation, attend 2 two-day FREAB meetings, 15 hours of continuing education. (12) Item 54 Case No. 2008052565, Isbel Gonzalez Hearing Not Involving Disputed Issues of Isbel Gonzalez was not present but was represented by Counsel Steven Johnson. Ms. Wright was recused due to Mr. Harwood represented the Department, stating the Department has agreed to a continuance for this case. Action Taken: Continuance granted. (13) Item 44 Case No. 2008032046 Matthew Mora Settlement Agreement Matthew Mora was present and was not represented by counsel. Ms. Wright was recused due to Administrative Complaint: violation of Uniform Standards of Professional Appraisal Practice (2008) Rules 3-1(a), 3-1(b)(ii),(iv)(v); 3-1(c), 3-1(d), 3-1(e), 3-1(f), 3-1(g), 3-2(a), 3-2(b), 3-2(c), 3-2(d), 3-2(e), 1-4(a), 2-1(a) and (b), Recordkeeping Section of the Ethics Rule, Scope of Work Rule, and Florida Statutes 475.624(14). After discussion and upon motion by Member Oreto, with second by Member Dailey, the motion carried to accept the stipulation as proposed. Vice-Chair Rogers voted against the motion. Penalty imposed: Dismiss Counts IV, V, IX, XIII, XIV, XVI; $1,500 fine; $577.50 costs; 12 month probation, 45 hours education to include 17 hour Appraisal Review Under USPAP Course. (14) Item 25 Case No. 2008050586 Jacqueline Lopez Settlement Agreement Jacqueline Lopez was present, but was not represented by counsel. Ms. Herndon was recused due to Page 6 1
Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2005) Rules 1-1(a), (b), and (c), 1-4(a), 2-1(a) and (b), and Florida Statutes 475.624(14); Florida Administrative Code Rule 61J1-7.001(2)(b) and Florida Statutes 475.622 and 475.624(4). After discussion and upon motion by Member Oreto, with second by Member Wright the motion carried unanimously to accept the stipulation as presented. Penalty imposed: Dismiss Counts I-IV; $561 costs; 1 year probation, attend 1 two-day FREAB meeting. (15) Item 5 Case No. 2008050475 and 2008050582, Javier Ferrer Settlement Agreement Javier Ferrer was present, but not represented by counsel. Chair Herndon was recused due to participation on the probable cause panel for Case No. 2008050475 and Ms. Dailey was recused due to participation on the probable cause panel for Case No. 2008050582. Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2005) Rules 1-1(a), (b), and (c), 1-4(a), 2-1(a) and (b), and Florida Statutes 475.624(14); Florida Administrative Code Rule 61J1-7.001(2)(b) and Florida Statutes 475.622 and 475.624(4); violation of Uniform Standards of Professional Appraisal Practice (2005) Conduct Section of the Ethics Rule, Rules 1-6(a), 2-2(b)(iii) and (viii), 2-3, and Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports and supporting data assembled and formulated by the appraiser in preparing appraisal reports and Florida Statutes 475.624(2) being guilty of fraud, misrepresentation, dishonest conduct, culpable negligence, or breach of trust in any business transaction. After discussion and upon motion by Member Oreto, with second by Member Wright the motion carried unanimously to accept the stipulation as proposed. Penalty imposed: Dismiss Counts IV, VI, VII, IX and X of Case No. 2008050475 and Counts I, II, III, and IV of Case No. 2008050582; $2500 fine, $693 costs, Suspend license for 1 week; 1 year probation, attend 1 two-day FREAB meeting. (16) Item 24 Case No. 2008055234, John Carlos Fraga Hearing Not Involving Disputed Issues of John Fraga was not present and was not represented by counsel. Ms. Dailey was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.624(9) by failing to inform the Florida Real Estate Appraisal Board in writing within thirty days of having pled guilty or nolo contendere to, or having been convicted or found guilty of, any felony. Member Wright moved to find that there are no disputed issues of material fact and adopt the Findings of Fact as alleged in the Administrative Complaint and move all case materials into evidence. With second by Member Oreto the motion carried unanimously. Page 7 1
Upon motion by Member Wright, with second by Member Oreto, the Board voted unanimously to adopt the Conclusions of Law as contained in the Administrative Complaint. Member Wright moved for revocation of the license. With second by Member Oreto, the motion carried unanimously. Penalty imposed: Revocation. (17) Item 39 Case No. 2008010331 Gayle Gottfried Settlement Agreement Gayle Gottfried was present, but was not represented by counsel. Ms. Dailey was recused due to Ms. Blakeman represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Rules 1-1(a), (b), and (c), 1-4(a), 1-5(a), 1-6(a) and (b), 2-1(a) and (b), 2-3, and Florida Statutes 475.624(14); Florida Statutes 475.623 and 475.624(1) by failing to furnish, in writing, to the department each business address from which he operates in the performance of appraisal services. Member Wright moved to accept the settlement agreement as presented. Member Oreto seconded the motion, which carried with Vice Chair Rogers voting against it. Penalty imposed: Dismiss Counts IV, V, VII, IX; $1500 fine, $651.75 costs; complete 45 hours of education which will include the 15-hour National USPAP Course, 1 year probation, attend 2 two-day FREAB meetings (18) Item 52 Case No. 2007056157 Marilyn Tomsey Settlement Agreement Marilyn Tomsey was/was not present, but not represented by counsel. Mr. Rogers was recused due to Administrative Complaints: Violation of Florida Statutes 475.629, 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports; violation of Uniform Standards of Professional Appraisal Practice (2006) Rules 1-1(a), (b), and (c), 1-5(b), 1-6(a), and Florida Statutes 475.624(14). After discussion and upon motion by Member Dailey, with second by Member Oreto the motion carried unanimously to reject the proposed penalty. With a motion by Member Wright and a second by Member Oreto the motion carried unanimously to dismiss the case. Action Taken: Case dismissed. (19) (Item 4 Case No. 2008061504, Luis R. Garcia Hearing Not Involving Disputed Issues of Page 8 1
Luis R. Garcia was present, but not represented by counsel. Mr. Rogers was recused due to participation on the probable cause panel. Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Rules 1-1(a) and (b), 1-4(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14); violation of Florida Administrative Code Rule 61J1-7.001(1) and Florida Statutes 475.622 and 475.624(4) by failing to use proper designation.. Upon motion by Member Dailey, with second by Member Oreto, the Board voted unanimously to find there were no disputed issues of material fact and move all materials into evidence. After discussion and upon motion by Member Wright, with second by Member Dailey the motion carried unanimously to adopt the Conclusions of Law. After discussion and upon motion by Member Wright, with second by Member Dailey the motion carried unanimously to adopt a penalty as follows: Penalty imposed: Costs $808.50, 45 hours of tested education, to include 15-hour National USPAP, attend one 2-day FREAB meeting, 1 year probation (20) Item 50 Case No. 2008051992, Mark J. Allison Hearing Not Involving Disputed Issues of Mark J. Allison was present, but was not represented by counsel. Ms. Herndon was recused due to diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) 1-1(a) and (b); 1-4(a), 1-5(a), 2-1(a) and (b), and Florida Statutes 475.624(14); violation of Florida Statutes 475.624(17) by accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined result. Upon motion by Member Dailey, with second by Member Wright the motion carried unanimously to find that there are no disputed issues of material fact, adopt the findings of Fact as alleged in the Administrative Complaint and move all case materials into evidence. Following discussion and upon motion of Member Dailey, with second by Vice Chair Rogers, the Board voted unanimously to dismiss Count VI. With motion by Member Dailey and second by Member Oreto the Board voted unanimously to adopt the following penalty: Penalty imposed: $1, 250 fine; $468.60 costs; attend two 2-day FREAB meeting, 30 hours of education above the regular continuing education requirements, 1 year probation within which to pay the fine with early termination language. (21) Item 56 Case No. 2008052781 Leon Craig Mobley Hearing Not Involving Disputed Issues of Page 9 1
Leon Craig Mobley was present, but not represented by counsel. Chair Herndon was recused due to Mr. Harwood represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Violation of Uniform Standards of Professional Appraisal Practice (2006) Rules 1-6, 1-5(a), 2-2(b)(viii), 1-4(a), and Florida Statutes 475.624(14); Florida Statutes 475.626(1)(f) by having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475. Upon motion by Member Wright, with second by Member Dailey the Board voted unanimously to find that there are no disputed issues of material fact, adopt the findings of Fact as alleged in the Administrative Complaint and move all case materials into evidence. Upon motion by Member Oreto, with second by Member Wright, the Board voted unanimously to grant an informal hearing. Member Dailey moved to adopt the conclusions of law. Member Wright seconded the motion, which carried unanimously. Member Dailey moved for the following penalty. Member Oreto seconded the motion. The Board approved the motion with Vice Chair Rogers voting against it. Penalty imposed: Costs $666.60; 60 day suspension; fine of $1250; attend two 2-day FREAB meetings, 18 month probation within which to pay fine, with no trainees; 30 hrs of education in addition to the regular continuing education. Agenda for the Voluntary Surrender of Licenses: Chief Attorney James Harwood presented an agenda of twelve cases where the licensee opted to voluntarily surrender his or her license. Member Dailey moved to accept the Affidavit for the Voluntary Surrender of License for Permanent Revocation of the twelve licensees on the agenda. Vice Chair Rogers seconded the motion. The motion passed. The agenda included the following: (22) Item 2 Case No. 2008040759; 2009005374; David Nakoa Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License David Nakoa was/was not present, but not represented by counsel. Ms. Dailey was recused due to After discussion Member Wright moved to reconsider Case Number 200804759. Member Oreto seconded the motion, which carried unanimously. Member Wright moved to vacate the previous final order of September 3, 2009. Vice Chair Rogers seconded the motion, which carried unanimously. Member Wright moved to accept the voluntary surrender of the license. With second by Member Oreto, the motion carried unanimously. Penalty imposed: Revocation. Page 10 1
(23) Item 3 Case No. 2009018902, Patricia A. Malik Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Patricia A. Malik was not present and was not represented by counsel. There was no probable cause panel. Ms. Lindamood represented the Department and presented the case to the Board. No Administrative Complaint was filed. After discussion and upon motion by Member Wright, with second by Vice Chair Rogers the motion carried unanimously to include a copy of the Investigative Report Summary with the Final Order as no Administrative Complaint was filed. Penalty imposed: Revocation (24) Item 18 Case No. 2005055747, Romy Steinberg Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Romy Steinberg was not present and was not represented by counsel. Ms. Wright was recused due to Penalty imposed: Revocation (25) Item 20 Case No. 2008053095, Jorge Alberto Martinez Hearing Not Involving Disputed Issues of Jorge Alberto Martinez was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation (26) Item 21 Case No. 2008053077, Jorge Alberto Martinez Hearing Not Involving Disputed Issues of Jorge Alberto Martinez was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation (27) Item 22 Case No. 2008053019, Jorge Alberto Martinez Hearing Not Involving Disputed Issues of Jorge Alberto Martinez was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation (28) Item 45 Case No. 2008043566, Donald King Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Donald King was not present and was not represented by counsel. Ms. Wright was recused due to Page 11 1
Penalty imposed: Revocation. (29) Item 46 Case No. 2008053024, Leonardo Codias Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Leonardo Codias was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation. (30) Item 47 Case No. 2008047587, Jorge Martinez Jr. Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Jorge Martinez, Jr. was not present and was not represented by counsel. No current members were recused due to Penalty imposed: Revocation. (31) Item 48 Case No. 2008053100, Leonardo Codias Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Leonardo Codias was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation. (32) Item 49 Case No. 2007014680, Jorge Martinez Jr. Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Jorge Martinez, Jr. was not present and was not represented by counsel. Mr. Rogers was recused due to Penalty imposed: Revocation. (33) Item 51 Case No. 2008051992, Donald L. Brandfass Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Donald L. Brandfass was not present and was not represented by counsel. Ms. Herndon was recused due to Penalty imposed: Revocation. (34) Item 42 Case No. 2008061193 Fernando Soto Settlement Agreement Fernando Soto was not present and was not represented by counsel. Mr. Rogers was recused due to Member Wright moved to accept the Voluntary Surrender of the license. Member Dailey seconded the motion, which carried unanimously. Penalty imposed: Revocation Page 12 1
(35) Item 1 Case No. 2008016036, Jill Elizabeth Feick Hearing Not Involving Disputed Issues of Jill Feick was not present and was not represented by counsel. Mr. Rogers was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2008) Rules 1-1(a), (b), and (c), 1-4(a), 1-5(b), 1-6(a), 2-1(a) and (b), and 2-3 and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. Member Wright moved to revoke the license, with second by Member Oreto, the motion carried unanimously. Penalty imposed: Revocation. (36) Item 6 Case No. 2008047606, William Dewitt Smith Hearing Not Involving Disputed Issues of William Dewitt Smith was not present and was not represented by counsel. Mr. Rogers was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Recordkeeping Section of the Ethics Rule, Rules 1-1(a), (b), and (c), 1-4(a) and (b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Oreto seconded the motion, which carried unanimously. Following discussion and upon motion by Member Dailey, with second by Member Oreto, the motion carried unanimously to impose the following penalty: Penalty imposed: $1,336 Costs, attend one 2-day FREAB meeting, 1 year probation with early termination language, 30 hours of tested education above regular continuing education. (37) Item 7 Case No. 2008054636, Juan A. Fernandez Hearing Not Involving Disputed Issues of Juan A. Fernandez was not present and was not represented by counsel. Mr. Rogers was recused due to Page 13 1
Administrative Complaint: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports; violation of Uniform Standards of Professional Appraisal Practice (2008) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(a), (b), and (c), 1-4(b), 1-5(a) and (b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. Following discussion and upon motion by Member Oreto, with second by Member Wright, the motion carried unanimously to impose the following penalty: Penalty imposed: $478.50 Costs, two 2-day FREAB meetings, 30 hours of tested education, 1 year probation with early termination language. (38) Item 8 Case No. 2008044245, William Heiderick Hearing Not Involving Disputed Issues of and Request to Appear Telephonically William Heiderick was not present and was not represented by counsel. Mr. Rogers was recused due to diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(a) and (b), 1-5(a), 1-6(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find there are no issues of disputed fact and deny the Respondent s request to conduct the hearing telephonically. Member Wright seconded the motion which carried unanimously. Member Dailey moved to adopt the Findings of Fact and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. Following discussion Member Dailey moved to adopt the Conclusions of Law. Member Wright seconded the motion which carried unanimously. Upon motion by Member Dailey, with second by Member Wright, the motion carried unanimously to impose the following penalty: Penalty imposed: $462 costs, $1500 fine, 18 months probation, 30 hours tested education, attend one 2- day FREAB meeting, with early termination language. (39) Item 9 Case No. 2008051948, William Heiderick Hearing Not Involving Disputed Issues of and Request to Appear Telephonically Page 14 1
William Heiderick was not present and was not represented by counsel. Mr. Rogers was recused due to diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(a) and (b), 1-5(a), 1-6(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find there are no issues of disputed fact and deny the Respondent s request to appear telephonically. Member Oreto seconded the motion which carried unanimously. Member Dailey moved to adopt the Findings of Fact and move all materials into evidence. Member Oreto seconded the motion, which carried unanimously. Following discussion Member Dailey moved to adopt the Conclusions of Law. Member Wright seconded the motion which carried unanimously. Upon motion by Member Dailey, with second by Member Wright, the motion carried unanimously to impose a penalty as follows: Penalty imposed: $528 costs, $1000 fine, 18 months probation to run concurrently, additional 30 hours tested education, attend one 2-day FREAB meeting, with early termination language. (40) Item 10 Case No. 2008047600, James Andre Lee Hearing Not Involving Disputed Issues of James Andre Lee was not present and was not represented by counsel. Mr. Rogers was recused due to Ms. Lindamood represented the Department and presented the case to the Board, striking Paragraph 12(c). Allegations of the Administrative Complaint: Violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Recordkeeping Section of the Ethics Rule, Rules 1-1(a), (b) and (c), 1-4(a) and (b), 2-1(a) and (b); 2-2(b)(viii) and the Scope of Work Rule, and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise his right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. Member Dailey moved to adopt the Findings of Fact in the Administrative Complaint with the exception of Item 12(c) and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. Following discussion Member Dailey moved to adopt the Conclusions of Law. Member Wright seconded the motion which carried unanimously. Member Wright moved to revoke the license. Member Oreto seconded the motion, which carried. Member Dailey voted against the motion: Penalty imposed: Revocation Page 15 1
(41) Item 11 Case No. 2008051946, Herly G. Costa Hearing Not Involving Disputed Issues of Herly G. Costa was not present and was not represented by counsel. Mr. Rogers was recused due to diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(a) and (b), 1-5(a), 1-6(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14); Florida Statutes 475.629 and 475.624(4), by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports. Member Dailey moved to find that there were no issues of disputed fact, adopt the Findings of Fact in the Administrative Complaint and move all materials into evidence. Member Wright seconded the motion which carried unanimously. Member Dailey moved to adopt the Conclusions of Law as contained in the Administrative Complaint. Member Wright seconded the motion which carried unanimously. Upon motion by Member Dailey, with second by Member Wright the Board voted unanimously to impose the following penalty: Penalty imposed: $511.50 Costs, $3000 fine, 30 hours of tested education, attend one 2-day FREAB meeting, 18 months probation to pay fine and costs and during which no registered trainees, without early termination. (42) Item 12 Case No. 2008054697, Juan A. Fernandez Hearing Not Involving Disputed Issues of Juan A. Fernandez was not present and was not represented by counsel. Mr. Rogers was recused due to Administrative Complaint: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports; violation of Uniform Standards of Professional Appraisal Practice (2008) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(a), (b), and (c), 1-4(b), 1-5(a) and (b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Oreto seconded the motion, which carried unanimously. Upon motion by Member Dailey, with second by Member Oreto, the motion carried unanimously to impose the following penalty: Page 16 1
Penalty imposed: $452.10 Costs, 15 hours tested education, 12 months probation to run concurrently with other cases, no early termination (43) Item 13 Case No. 2008054729, Juan A. Fernandez Hearing Not Involving Disputed Issues of Juan A. Fernandez was not present and was not represented by counsel. Mr. Rogers was recused due to Administrative Complaint: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a), (b), and (c), 1-4(b), 1-5(b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Wright seconded the motion, which carried unanimously. With motion by Member Dailey and second by Member Wright, the Board voted unanimously to impose the following penalty: Penalty imposed: $471.50 Costs, 15 hours tested education above regular continuing education, 12 months probation to run concurrently with other cases, not subject to early termination. (44) Item 15 Case No. 2008044244, Herly G. Costa Hearing Not Involving Disputed Issues of Herly G. Costa was not present and was not represented by counsel. Mr. Rogers was recused due to diligence in developing an appraisal report; Violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a), and (c), 1-4(a) and (b), 1-5(a), 1-6(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find that there were no issues of disputed fact, adopt the Findings of Fact in the Administrative Complaint and move all materials into evidence. Member Oreto seconded the motion which carried unanimously. Member Dailey moved to adopt the Conclusions of Law as contained in the Administrative Complaint. Member Wright seconded the motion which carried unanimously. Upon motion by Member Oreto, with second by Member Wright the Board voted unanimously to impose the following penalty: Page 17 1
Penalty imposed: $488.40 costs, $2000 fine, 30 hours tested education, 30 day suspension, 18 months probation, with no trainees, no early termination to run concurrent with other case. (45) Item 16 Case No. 2008054624, Juan A. Fernandez Hearing Not Involving Disputed Issues of Juan A. Fernandez was not present and was not represented by counsel. Mr. Rogers was recused due to Administrative Complaint: Violation of Florida Statutes 475.624(2) guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction; violation of Florida Statutes 475.624(15) by having failed to exercise reasonable diligence in developing an appraisal report; Florida Statutes 475.629 and 475.624(4) by failing to retain records for at least five years of any contracts engaging the appraiser s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a), (b), and (c), 1-4(b), 1-5(a) and (b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Oreto seconded the motion, which carried unanimously. Upon motion by Member Dailey, with second by Member Wright, the motion carried unanimously to impose the following penalty: Penalty imposed: $412.50, 15 hours of tested education, attend one 2-day FREAB meeting, 18 months probation to run concurrently subject to early termination. (46) Item 17 Case No. 2008047839, Leneva Jo Waldon Hearing Not Involving Disputed Issues of Leneva Jo Waldon was not present and was not represented by counsel. Mr. Rogers was recused due to diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Recordkeeping Section of the Ethics Rule, Rules 1-1(c), 1-4(a) and (b), 1-6(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find that there were no issues of disputed fact, adopt the Findings of Fact in the Administrative Complaint and move all materials into evidence. Member Oreto seconded the motion which carried unanimously. Member Dailey moved to adopt the Conclusions of Law as contained in the Administrative Complaint. Member Wright seconded the motion which carried unanimously. Page 18 1
Upon motion by Member Oreto, with second by Member Wright the Board voted unanimously to impose the following penalty: Penalty imposed: $504.90 costs, $500 fine, 30 hours of tested education, attend one 2-day FREAB meeting, 12 months probation subject to early termination. (47) Item 23 Case No. 2008044372, Everton Spaulding Settlement Agreement Everton Spaulding was not present and was not represented by counsel. Ms. Herndon was recused due to Member Wright was acting Chair. diligence in developing an appraisal report; Florida Statutes 475.622(1) and 475.624(4) and Florida Administrative Code Rule 61J1-7.002 by failing to use the proper appraisal designation and/or abbreviation as required by rule in an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Scope of Work Rule, Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(c), 1-4(b), 1-5(a), 2-1(a) and (b), and 2-2(b)(vi) and (viii) and Florida Statutes 475.624(14). After discussion and upon motion by Member Oreto, with second by Member Dailey the motion carried unanimously to accept the stipulation. Penalty imposed: Dismiss Counts II, III, IV, and VII. $686.40 costs, $1000 fine, 30 day suspension; l2 months probation with no registered trainees; attend two 2-day meetings; 30 hours of education to include the 15 hours USPAP course. (48) Item 26 Case No. 2008052160, Jeffrey Metcalf Hearing Not Involving Disputed Issues of Jeffrey Metcalf was not present and was not represented by counsel. Ms. Herndon was recused due to Ms. Wright was acting Chair. diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(c), 2-1(a), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Dailey moved to find the respondent was properly served the Administrative Complaint, but declined to exercise her right to a hearing, adopt the Findings of Fact and Conclusions of Law and move all materials into evidence. Member Oreto seconded the motion, which carried unanimously. Upon motion by Member Dailey, with second by Member Oreto the Board voted unanimously to impose the following penalty: Penalty imposed: $2,000 fine; $1, 046.10 costs; attend two 2-day FREAB meetings; 30 hours of tested education above the regular continuing education; 12 months probation during which he may not employ registered trainees; with early termination if terms are met. Page 19 1