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 Charlie Liem, Interim Secretary Charlie Crist, Governor Monday, June 7, 2010 Minutes of THE FLORIDA REAL ESTATE APPRAISAL BOARD June 7 & 8, 2010 General Meeting Chair Michael Rogers called the meeting of the Florida Real Estate Appraisal Board to order at approximately 8:35 a.m., in Orlando, Florida, on this Monday, the 7th day of June 2010. Member Herndon offered the invocation and Member Wright led the Pledge of Allegiance. The Chair introduced the members present: Vice-Chair Evalyn Fran Oreto, Cynthia Wright, Joni Herndon, Jennifer Vigil and Christopher Sante. Mary Ellen Clark, Assistant Attorney General, appeared as counsel for the Board. With six of the six appointed members present, Ms. Clark declared a quorum present. Division staff present at the meeting: Thomas O Bryant, Jr., Division Director and Executive Director for the Board; James Harwood, Chief Attorney, Chris Lindamood, Robert Minarcin, Nicole McLaren, Jennifer Blakeman, and Dana Moss, Senior Attorneys; Erich Scherer, James Courchaine, Yolanda Morales, Investigation Specialists; Beverly Ridenauer, Government Analyst II; Janice Taylor, Peter Patterson, and Sissy Atkinson, Government Analysts I. American Court Reporting, Inc. (407.896.1813) provided court reporter services. Introduction of New Members Director O Bryant welcomed two newly appointed members to the board. He introduced Member Jennifer Vigil of Panama City as the Consumer Member and Member Christopher Sante of Tavernier as the User Member of the board. Approval of the Minutes Upon motion by Member Wright, with second by Member Herndon, the Board voted unanimously to approve the minutes of the March 29 & 30, 2010 General Meeting. Legal Appearance Docket: The board addressed the Legal Appearance Docket hearing forty-seven docket items and approving the withdrawal or continuance of five docket items. (1) Item 4 Carlos Esteller, Case No. 2009023956 Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Carlos Esteller was not present and was not represented by counsel. Mr. Minarcin represented the Department and presented the case to the Board. After discussion, Member Wright moved to accept the Voluntary Surrender for Permanent Revocation and, because no probable cause was found to attach the investigative summary report to the final order.
Member Herndon seconded the motion which carried unanimously. (2) Item 19 Case No. 2010014771 and 2010016835, Todd D. Vander May Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Todd D. Vander May was not present and was not represented by counsel. Mr. Harwood represented the Department and presented the case to the Board. After discussion, Member Wright moved to accept the Voluntary Surrender for Permanent Revocation and, because no probable cause was found to attach the investigative summary report to the final order. Member Herndon seconded the motion which carried unanimously. (3) Item 34 Michael David Frimet, Case No. 2009008103 Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Michael David Frimet was not present, but was represented by counsel, Steve Johnson. Ms Herndon was recused due to Ms. Blakeman represented the Department and presented the case to the Board. After discussion, Member Wright moved to accept the Voluntary Surrender for Permanent Revocation. Vice-Chair Oreto seconded the motion which carried unanimously. (4) Item 41 Stephen Ellis, Case No. 2009007862 Hearing Not Involving Disputed Issues of Voluntary Relinquishment of License Stephen Ellis was not present, but was represented by counsel, Steve Johnson. Ms. Oreto was recused due to Ms. Blakeman represented the Department and presented the case to the Board. After discussion, Member Herndon moved to accept the Voluntary Surrender for Permanent Revocation. Member Wright seconded the motion which carried unanimously. (5) Item 14 Gail K. Hunt, Case No. 2009005642 Settlement Agreement Gail K. Hunt was present and was represented by counsel, Samuel A. Mutch. Mr. Rogers was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: Florida Administrative Code Rule 61J1-7.001(2)(d) and Florida Statutes 475.622(1) and 475.624(4) by failing to utilize and display the appropriate appraiser designation in the Report. After discussion, Member Herndon moved to accept the motion, with second by Member Sante, the Minutes of June 7 & 8, 2010 Page 2
Penalty imposed: $700 costs; $300 fine; 1 year probation, attend 1 two-day FREAB meeting. (6) Item 37 Ann F. Shivers, Case No. 2008059758 Settlement Agreement Ann Shivers was present and was represented by counsel, Julie Gallagher. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. Ms. Moss represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: 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. During discussion, Respondent s attorney and the board agreed to orally amend the Proposed Settlement Agreement to state the fine and costs will be paid within 30 days. Based upon the amendment, Member Wright moved to accept the Proposed Settlement Agreement as orally amended. Member Herndon seconded and the Penalty imposed: $511.10 costs; $500 fine; attend 1 two-day FREAB meeting, 15 hours in-class, tested education; fine and costs to be paid within 30 days. (7) Item 7 James Peavy, Case No. 2007000480 Settlement Agreement James Peavy was not present, but was represented by counsel, Daniel Villazon. Ms. Herndon was recused due to 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; Florida Statutes 475.624(2) by being guilty of misrepresentation, culpable negligence, or breach of trust in any business transaction. The board entered into discussion resulting in the amendment of the Stipulation to correct a technical error. Member Sante moved to accept the amended Settlement Agreement as orally amended during this meeting. Ms. Oreto seconded the motion, which carried unanimously. Penalty imposed: $1,000 costs; $2,000 fine, attend 1 two-day FREAB meeting, 30 hours education, 18 months probation during which he cannot sign appraisal reports. (8) Item 26 John H. Baldwin, Case No. 2008052576 Settlement Agreement John H. Baldwin was present and was represented by counsel, Steve Johnson. Ms. Oreto was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the 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. Minutes of June 7 & 8, 2010 Page 3
After discussion, Member Sante moved to accept the proposed settlement agreement. With second by Member Herndon, the Penalty imposed: $429 costs; $1000 fine; 1 year probation, attend 1 two-day FREAB meeting. (9) Item 44 Anthony Leon, Case No. 2008052869 Settlement Agreement Anthony Leon was not present, but was represented by counsel, Steve Johnson. Ms. Herndon was recused due to Ms. Moss represented the Department and presented the case to the Board. Allegations of the Administrative Complaints: 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, Florida Statutes. After discussion, a motion made by Member Wright, seconded by Vice-Chair Oreto, carried unanimously to reject the proposed Settlement Agreement. The board entered into discussion. Upon motion by Member Wright, with second by Vice-Chair Oreto, the Board voted unanimously to offer a counter proposal to be accepted or rejected in writing within 30 days. Through his attorney, Respondent rejected the counter proposal offered by board on the record. Action Taken: Proposed Settlement Agreement rejected by board. (10) Item 48 Paul Caristi, Case No. 2009023978 Hearing Not Involving Disputed Issues of Withdrawn (11) Item 5 Miguel Alfonso Rodriguez, Case No. 2008062605 Settlement Agreement Miguel Alfonso Rodriguez was not present, but was represented by counsel, Steve Johnson. Ms. Herndon was recused due to reasonable diligence in developing an appraisal report; Florida Statutes 475.624(2) by being guilty of concealment, culpable negligence, or breach of trust in any business transaction; 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; Florida Statutes 475.624(1) and 475.623 by failing to furnish, in writing, to the department each business address from which he operates in the performance of appraisal services; Florida Administrative Code Rule 61J1-7.001(2)(c) and Florida Statutes 475.622(1) and 475.624(4) by failing to utilize and display the appropriate appraiser designation in the Report. Following discussion Member Wright moved to accept the proposed Settlement Agreement. With second by Vice-Chair Oreto, the Minutes of June 7 & 8, 2010 Page 4
Penalty imposed: $339.90 costs; $7,500 fine, 2 year suspension, 4 year probation, 4 two-day meetings, no trainees during probationary period; successfully complete ABI and ABII courses; to run concurrent with other cases heard. (12) Item 2 Miguel Alfonso Rodriguez, Case No. 2008061582 Settlement Agreement Miguel Alfonso Rodriguez was not present, but was represented by counsel, Steve Johnson. Ms. Herndon was recused due to reasonable diligence in developing an appraisal report; Florida Statutes 475.624(1) and 475.623 by failing to furnish, in writing, to the department each business address from which he operates in the performance of appraisal services; Florida Administrative Code Rule 61J1-7.001(2)(c) and Florida Statutes 475.622(1) and 475.624(4) by failing to utilize and display the appropriate appraiser designation in the Report; and Florida Administrative Code Rule 61J1-7.0065 and Florida Statutes 475.624(4) by failing to sign a certification of an appraisal report with the name the licensee has registered with the Department. Following discussion Vice-Chair Oreto moved to accept the proposed Settlement Agreement. With second by Member Sante, the motion carried with a split vote of 4 to 1. Penalty imposed: $323.40 costs; 2 year suspension, 4 year probation to be concurrent with other cases heard. (13) Item 3 Miguel Alfonso Rodriguez, Case No. 2007067769 Settlement Agreement Miguel Alfonso Rodriguez was not present, but was represented by counsel, Steve Johnson. Ms. Wright was recused due to 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. Following discussion Member Sante moved to reject the proposed settlement agreement Member Herndon seconded and the After additional discussion, Member Sante moved to suggest a counter offer to amend the proposed Settlement Agreement to include the 15 hour seated, tested Residential Report Writing and Case Studies course. With second by Member Herndon, the motion carried with a vote of 4 to 1. Action Taken: Proposed Settlement Agreement rejected; suggested counter offer of $660 costs; education to include a seated, tested Residential Report Writing and Case Studies course; 2 year suspension, 4 year probation to be concurrent with other cases heard. Counter offer to be accepted or rejected in writing within 30 days. (14) Item 6 Case No. 2008061569, Miguel Alfonso Rodriguez-Settlement Agreement Miguel Alfonso Rodriguez was not present, but was represented by counsel, Steve Johnson. Ms. Herndon was recused due to Minutes of June 7 & 8, 2010 Page 5
reasonable diligence in developing an appraisal report; Florida Statutes 475.624(1) and 475.623 by failing to furnish, in writing, to the department each business address from which he operates in the performance of appraisal services; Florida Administrative Code Rule 61J1-7.001(2)(c) and Florida Statutes 475.622(1) and 475.624(4) by failing to utilize and display the appropriate appraiser designation in the 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; and Florida Administrative Code Rule 61J1-7.0065 and Florida Statutes 475.624(4) by failing to sign a certification of an appraisal report with the name the licensee has registered with the Department. Following discussion Member Sante moved to accept the proposed Settlement Agreement. With second by Vice Chair Oreto, the motion carried with split vote of 4 to 1. Penalty imposed: $346.50 costs; 2 year suspension, 4 year probation to be concurrent with other cases heard (15) Item 8 Miguel Alfonso Rodriguez, Case No. 2007068078 Settlement Agreement Miguel Alfonso Rodriguez was not present, but was represented by counsel, Steve Johnson. Ms. Wright was recused due to Administrative Complaints: violation of Uniform Standards of Professional Appraisal Practice (2006) Competency Rule. After discussion, Vice-Chair Oreto moved to reject the proposed settlement agreement. Member Herndon seconded the motion, which carried unanimously. Following additional discussion, Member Herndon moved for revocation. The motion failed for lack of a second. Mr. Sante moved to increase the fine to $2,000 and add one additional year of suspension. The motion failed due to lack of a second. The board entered into discussion. Vice-Chair Oreto moved to offer a counter proposal. Member Sante seconded the motion.. Member Sante seconded the motion. The motion carried with a split vote of 3 for and 2 against it. Action Taken: Proposed Settlement Agreement rejected; suggested counter offer of $867.90 costs; $2000 fine; 2 year suspension not to be concurrent with other discipline; 18 month probation; fine to be paid within one year; to be accepted or rejected in writing within 30 days. (16) Item 42 Anthony Megas, Case No. 2008054046 Settlement Agreement Anthony Megas was not present, but was represented by counsel, Steve Johnson. Ms. Herndon was recused due to Minutes of June 7 & 8, 2010 Page 6
Ms. McLaren represented the Department and presented the case to the Board. Allegations of the reasonable diligence in developing an appraisal report. After discussion Member Sante moved to accept the proposed Settlement Agreement. Member Wright seconded the motion, which carried unanimously. Penalty imposed: $1287 costs; $2500 fine; 18 month probation, attend 2 two-day FREAB meetings, 30 hours in-class education. (17) Item 15 Marcilene Greer, Case No. 2009007431 Settlement Agreement Marcilene Greer was present and was represented by counsel, Steve Johnson. Ms. Herndon was recused due to reasonable diligence in developing an appraisal report; Florida Administrative Code Rule 61J1-7.001(1)(c) and Florida Statutes 475.622 and 475.624(4), for failing to utilize the appropriate appraiser designation in the Report. The board entered into discussion. Member Sante moved to reject the proposed Settlement Agreement. Member Wright seconded and the Member Sante moved for a counter offer, with second by Member Wright, the motion carried unanimously for the following: Penalty imposed: $356.40 Costs; $500 fine; 30 days probation and completion of the 15-Hours National USPAP course. The counter-proposal was accepted by the Respondent on the record at the meeting. (18) Item 39 J. Carlos Thomas, Case No. 2009058027 Hearing Not Involving Disputed Issues of J. Carlos Thomas was present, but was not represented by counsel. Ms. Oreto was recused due to Ms. Moss represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of 475.624(9) by failing to inform the Florida Real Estate Appraisal Board in writing within 30 days of having pled guilty or nolo contendere to, or having been convicted or found guilty of, any felony; Violation of Florida Statutes 475.624(5) by having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a registered assistant appraiser or licensed or certified appraiser, or which involves moral turpitude or fraudulent or dishonest conduct; Florida Statutes 455.227(1)(t) by failing to notify the Department within 30 days after entering a plea to a crime. Member Wright moved 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. Member Herndon seconded the motion which carried unanimously. Ms. Wright moved to adopt the Conclusions of Law as contained in the Administrative Complaint. Member Herndon seconded the motion, which carried unanimously. Minutes of June 7 & 8, 2010 Page 7
Following discussion, Member Wright moved to impose a penalty of a five-year suspension. The motion failed for lack of a second. Member Sante moved to impose a penalty of one year suspension and 30 hours of seated, tested education to include 15 Hour National USPAP and 15 hour Report Writing courses. The motion failed for lack of a second. Member Herndon moved for revocation. Member Wright seconded the motion. The motion failed with a split vote of 2 for and 3 against the motion. After additional discussion, Member Wright moved to impose a five year suspension. Member Herndon seconded. The motion carried with a split vote with 3 for the motion and 2 against the motion Penalty imposed: Five year suspension. (19 Item 16 Mark Ira Anoff, Case No. 2009002723 and 2009031361 Hearing Not Involving Disputed Issues of Mark Ira Anoff was present but was not represented by counsel. Ms. Herndon and Ms. Oreto were recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: 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, Florida Statutes; 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; Florida Administrative Code Rule 61J1-7.001 and Florida Statutes 475.622 and 475.624(4), for failing to utilize the appropriate appraiser designation in the Report. Following discussion, Member Wright moved to accept the Voluntary Surrender for permanent revocation of the respondent s license. Member Sante seconded the motion, which carried unanimously. (20) Item 9 Michael Basile, Case No. 2009017665 Hearing Not Involving Disputed Issues of Withdrawn (21) Item 35 Adam Joseph Reynolds, Case No. 2009001513 Settlement Agreement Adam Joseph Reynolds was present, but not represented by counsel. Ms. Herndon was recused due to Ms. Moss represented the Department and presented the case to the Board. Allegations of the 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, Minutes of June 7 & 8, 2010 Page 8
appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports. After discussion, Member Wright moved and Member Sante seconded a motion to accept the proposed Settlement Agreement. The Penalty imposed: $544.50 costs; 1 year probation, attend 1 two-day FREAB meeting; 10 hours inclass education. (22) Item 25 Lee P. Hatin, Case No. 2008059790 Settlement Agreement Lee P. Hatin was present but was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. reasonable diligence in developing an appraisal report. After discussion, Member Sante moved to adopt the propose Settlement Agreement. Vice-Chair Oreto seconded the motion which carried unanimously. Penalty imposed: $346.50 costs; $500 fine; 18 month probation, attend 1 two-day FREAB meeting, 45 hours education including 15 hour USPAP. (23) Item 1 Johmar Garcia, Case No. 2008050902, Settlement Agreement Withdrawn (24) Item 10 Henry Cusido, Case No. 2008039591 Hearing Not Involving Disputed Issues of Henry Cusido was/was not present, but was not represented by counsel. Ms. Herndon was recused due to 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; Florida Statutes 475.624(2) by being guilty of misrepresentation, culpable negligence, or breach of trust in any business transaction; 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, Florida Statutes; 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), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Wright moved to find that there are no disputed issues of material fact and to adopt the Findings of Fact as alleged in the Administrative Complaint and move all case materials into evidence. Vice-Chair Oreto seconded the motion. The Minutes of June 7 & 8, 2010 Page 9
Member Wright moved to adopt the Conclusions of Law as contained in the Administrative Complaint. With second by Vice Chair Oreto, the After discussion and upon motion by Member Sante, with second by Vice-Chair Oreto the board voted unanimously to impose the following: Penalty imposed: Revocation and $940.50 costs to be paid within 30 days of the Final Order. (25) Item 11 Rafael E. Fuentes, Case No. 2008010904 Hearing Not Involving Disputed Issues of Rafael E. Fuentes was/was not present, but was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. Administrative Complaint: 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, Florida Statutes. Vice-Chair Oreto moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. With second by Member Wright, the After discussion Vice-Chair Oreto moved for revocation. Member Sante seconded and the motion carried unanimously. (26) Item 12 Robert A. Stanton, Jr., Case No. 2008046637 Settlement Agreement Withdrawn (27) Item 13 Jason Chong, Case No. 2009000140 Hearing Not Involving Disputed Issues of Withdrawn (28) Item 17 Ian Nicholas Lowdermilk, Case No. 2008052579 Hearing Not Involving Disputed Issues of Ian Nicholas Lowdermilk was/was not present, and was not represented by counsel. Ms. Oreto was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the 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; Florida Statutes 475.629 and 475.624(4) by Minutes of June 7 & 8, 2010 Page 10
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; Florida Statutes 475.611(1)(n), 475.624(4) and Florida Administrative Code Rule 61J1-4.010(9) being guilty of receiving appraisal assignments from someone other than a primary or secondary supervisory appraiser. Member Sante moved to find that the Respondent was properly service the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Herndon seconded the motion which carried unanimously. After discussion Member Sante moved for revocation. Member Herndon seconded the motion. The (29) Item 18 Case No. 2009007431, John Gregory Davis Settlement Agreement Withdrawn (30) Item 20 Ade Adegbayibi, Case No. 2008050263 Settlement Agreement Ade Adegbayibi was not present and was not represented by counsel, Betsy Holton. Ms. Herndon was recused due to reasonable diligence in developing an appraisal report. After discussion, Member Sante moved to accept the proposed Settlement Agreement. With second by Member Oreto, the motion carried by a split vote of 4 to 1. Penalty imposed: $500 costs; $500 fine; 18 months probation, 15 hours of USPAP education. (31) Item 21 Greg Wieczorek, Case No. 2008026653 Hearing Not Involving Disputed Issues of Greg Wieczorek was not present, but was not represented by counsel. Mr. Rogers was recused due to 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; Florida Statutes 475.6221(2) and 475.624(4), by receiving payment directly from the recipient of an appraisal report; Florida Administrative Code Rule 61J1-4.010(9) and Florida Statutes 475.611(1)(n) and 475.624(4) by receiving appraisal assignments from someone other than the supervising appraiser; Florida Administrative Code Rule 61J1-7.004 and Florida Statutes 475.624(4) by being guilty of failure to furnish in writing each firm or business name and address from which the registered appraiser operates in the performance of appraisal services; Florida Statutes 455.227(1)(a), by making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee s profession; violation of Uniform Standards of Professional Minutes of June 7 & 8, 2010 Page 11
Appraisal Practice (2008) Conduct Section of the Ethics Rule, Recordkeeping Section of the Ethics Rule, Rules 1-1(a) and (c), 1-4(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Wright moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. With second by Ms. Oreto, the Following discussion, Member Wright moved for revocation. Member Sante seconded the motion, which carried unanimously. (32) Item 22 Simon Childs, Case No. 2008047833 Hearing Not Involving Disputed Issues of Simon Childs was/was not present, but not represented by counsel. Mr. Rogers was recused due to reasonable diligence in developing an appraisal report; violation of Uniform Standards of Professional Appraisal Practice (2006) Recordkeeping Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(c), 1-4(a) and (b), 1-6(a), 2-1(a) and (b), 2-2(b)(viii) and Florida Statutes 475.624(14); 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. Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Herndon seconded the motion. The Following discussion, Member Sante moved for revocation. Member Wright seconded and the motion carried unanimously. Penalty Imposed: Revocation. (33) Item 23 Lee John Hatin, Case No. 2008059792 Hearing Not Involving Disputed Issues of Lee John Hatin was/was not present, but was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. 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), 1-4(a) and (b), 2-1(a) and (b) and Florida Statutes 475.624(14); Florida Statutes 475.624(2) by being guilty of fraud, misrepresentation, culpable negligence, or breach of trust in any business transaction. Ms. Wright moved to find that the Respondent was properly served the Administrative Complaint and has waived his right to a hearing, move all case materials into evidence and adopt the Findings of Fact Minutes of June 7 & 8, 2010 Page 12
and Conclusion of Law as contained in the Administrative Complaint. Member Herndon seconded the motion, which carried unanimously. After discussion, Vice Chair Oreto moved to revoke the license. Member Sante seconded the motion, which carried with a split vote of 5 of 1. (34) Item 24 Robert Phillip James, Case No. 2008001756 Hearing Not Involving Disputed Issues of Robert Phillip James was/was not present, but was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the reasonable diligence in developing an appraisal report; Florida Statutes 475.624(2) by being guilty of fraud, misrepresentation, culpable negligence, or breach of trust in any business transaction; violation of Uniform Standards of Professional Appraisal Practice (2006) Conduct Section of the Ethics Rule, Scope of Work Rule, Rules 1-1(a), (b) and (c), 1-2(e)(i), 1-4(a), 1-6(a), 2-1(a) and (b), and 2-2(b)(i), (vii), and (viii), 2-3, and Florida Statutes 475.624(14). Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Herndon seconded the motion, which carried unanimously. After discussion, Member Herndon moved for revocation and, with second by Member Wright, the (35) Item 27 Glen Eric Couce, Case No. 2008046932 Hearing Not Involving Disputed Issues of Glen E. Couce was not present and was not represented by counsel. Ms. Herndon was recused due to 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, Scope of Work Rule, Rules 1-1(a) and (c), 1-4(a), 1-5(b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. Minutes of June 7 & 8, 2010 Page 13
Following discussion, Member Sante moved to revoke the license. With second by Member Vigil, the (36) Item 28 Glen Eric Couce, Case No. 2008046940 Hearing Not Involving Disputed Issues of Glen E. Couce was not present and was not represented by counsel. Ms. Herndon was recused due to 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, Scope of Work Rule, Rules 1-1(a) and (c), 1-4(a), 1-5(b), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. Following discussion, Member Sante moved to revoke the license. With second by Member Vigil, the (37) Item 29 Glen Eric Couce, Case No. 2008051037 Hearing Not Involving Disputed Issues of Glen E. Couce was not present and was not represented by counsel. Ms. Herndon was recused due to reasonable 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(a) and (c), 1-4(b), 1-5(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14); 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. Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. Following discussion, Member Sante moved to revoke the license. With second by Member Vigil, the Minutes of June 7 & 8, 2010 Page 14
(38) Item 30 Glen Eric Couce, Case No. 2008046923 Hearing Not Involving Disputed Issues of Glen E. Couce was not present and was not represented by counsel. Ms. Herndon was recused due to 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, Scope of Work Rule, Rules 1-1(a) and (c), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14); 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. Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. Following discussion, Member Sante moved to revoke the license. With second by Member Vigil, the (39) Item 31 Glen Eric Couce, Case No. 2008046937 Hearing Not Involving Disputed Issues of Glen E. Couce was not present and was not represented by counsel. Ms. Herndon was recused due to reasonable 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(a), (b), and (c), 1-4(a) and (b), 1-5(a), 2-1(a) and (b), and 2-2(b)(viii) and Florida Statutes 475.624(14). Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. Following discussion, Member Sante moved to revoke the license. With second by Member Vigil, the Minutes of June 7 & 8, 2010 Page 15
(40) Item 32 Carlos R. Heres, Case No. 2008050478 Hearing Not Involving Disputed Issues of Carlos Heres was not present and was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the 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), 1-6(a), 2-1(a) and (b), and 2-2(b)(iii) and (viii), 2-3, 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; 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. Ms. Oreto moved to find that the Respondent was properly served the Administrative Complaint and has waived his right to a hearing, move all case materials into evidence and adopt the Findings of Fact and Conclusion of Law as contained in the Administrative Complaint. Member Sante seconded the motion, which carried unanimously. Following discussion, Member Herndon moved for revocation. With second by Member Wright, the (41) Item 33 Steven D. Kuntz, Case No. 2008012843 Hearing Not Involving Disputed Issues of Steven D. Kuntz was not present and was not represented by counsel. Ms. Wright was recused due to Ms. Lindamood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: 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(a), 1-5(a) and (b), 2-1(a) and (b), 2-3, and Florida Statutes 475.624(14); 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; and Florida Statutes 475.624(17) by being guilty of accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined result, analysis, or opinion. Member Sante moved 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, and to adopt the Conclusions of Law as contained in the Administrative Complaint. Ms. Oreto seconded the motion which carried unanimously. Following discussion, Member Herndon moved to revoke the license; with second by Member Sante, the Minutes of June 7 & 8, 2010 Page 16
(42) Item 36 Jill Pratt, Case No. 2008049034 Hearing Not Involving Disputed Issues of Material Fact Jill Pratt was not present and was not represented by counsel. Ms. Herndon was recused due to Mr. Harwood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.626(1)(b) by violating a final order of the Florida Real Estate Appraisal Board. Member Sante moved to find that the Respondent was properly served the Administrative Complaint and has waived her right to a hearing, move all case materials into evidence and adopt the Findings of Fact and Conclusion of Law as contained in the Administrative Complaint. Member Wright seconded the motion, which carried unanimously. After discussion, Mr. Sante moved for revocation, Member Wright seconded and the motion carried unanimously for the following: Penalty imposed: Revocation plus $96.00 Costs. (43) Item 38 Gerardo A. Iglesias, Case No. 2008047745 Hearing Not Involving Disputed Issues of Gerardo A. Iglesias was not present, but was not represented by counsel. All current members participated in the discussion because Former Member Dailey served on the probable cause panel. Mr. Harwood represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Uniform Standards of Professional Appraisal Practice (2006) Rules 1-5(a), Supplemental Standards Rule, 104(a) 1-6, and 1-1(b) and (c) and Florida Statutes 475.624(14). Mr. Sante moved to find that the Respondent was properly served the Administrative Complaint and has waived his right to a hearing, move all case materials into evidence and adopt the Findings of Fact and Conclusion of Law as contained in the Administrative Complaint. Ms. Herndon seconded and the Following discussion, Member Sante moved to revoke the license. Member Herndon seconded and the (44) Item 40 Donald Ward, Jr., Case No. 2008067632 Hearing Not Involving Disputed Issues of Withdrawn (45) Item 43 Fadul Arrieta, Case No. 2009005737 Hearing Not Involving Disputed Issues of Fadul Arrieta was not present and was not represented by counsel. Ms. Herndon was recused due to Ms. Blakeman represented the Department and presented the case to the Board. Allegations of the Minutes of June 7 & 8, 2010 Page 17
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(b) and (c), 1-4(a). 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; Florida Statutes 475.624(2) by being guilty of misrepresentation in any business transaction; Florida Statutes and violating a duty imposed by the terms of the contract, specifically the provision stating the Respondent would use sales that were locationally, physically and functionally the most similar. Following discussion, Vice-Chair Oreto moved to deny the Respondent s request for an extension of time. Member Sante seconded the motion, which carried unanimously. Mr. Sante moved 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, and adopt the Conclusions of Law as contained in the Administrative Complaint. Vice-Chair Oreto seconded the motion, which carried unanimously. Following discussion, Mr. Sante moved for revocation of the license. Ms. Oreto seconded the motion, which carried unanimously. Penalty Imposed: Revocation (46) Item 45 De Juan Lavelle Ware, Case No. 2009038287 Hearing Not Involving Disputed Issues of De Juan Lavelle Ware was not present and was not represented by counsel. Ms. Herndon was recused due to Ms. McLaren represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.626(6) by having had a registration suspended, revoked, or otherwise acted against in any jurisdiction. Mr. Sante moved 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, and adopt the Conclusions of Law as contained in the Administrative Complaint. Vice-Chair Oreto seconded the motion, which carried unanimously. Following discussion, Ms. Wright moved for revocation of the license; Mr. Sante seconded and the motion, carried unanimously. Penalty Imposed: Revocation (47) Item 46 Robyn Kelly Hardy, Case No. 2009029636 Hearing Not Involving Disputed Issues of Robyn Kelly Hardy was not present and was not represented by counsel. Ms. Oreto was recused due to Ms. Moss represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Statutes 475.626(6) by having had a registration suspended, revoked, or otherwise acted against in any jurisdiction. Minutes of June 7 & 8, 2010 Page 18
Member Wright moved to find that the Respondent was properly served the Administrative Complaint and has waived her right to a hearing, move all case materials into evidence and adopt the Findings of Fact and Conclusion of Law as contained in the Administrative Complaint. Ms. Herndon seconded and the Following discussion, Member Sante moved to impose a suspension of 90 days and costs of $188.10. Member Vigil seconded the motion. The motion failed with a split vote of 2 for and 3 against. After additional discussion, Member Wright moved to impose a penalty of $188.10 Costs and attendance at one 2-day FREAB meeting. With second by Ms. Herndon, the motion carried unanimously. Penalty Imposed: Costs $188.10 and attendance at one 2-day FREAB meeting. (48) Item 47 Sydney A. Joyce, Case No. 2009023460 Hearing Not Involving Disputed Issues of Sydney A. Joyce was not present and was not represented by counsel. Ms. Herndon was recused due to Ms. Moss represented the Department and presented the case to the Board. Allegations of the Administrative Complaint: Violation of Florida Administrative Code Rule 61J1-7.008 and Florida Statutes 475.624(4) by failing to notify the Petitioner, in writing, of the current mailing address and any change in the current mailing address, within ten days after the change; 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. Member Sante moved to find that the Respondent was properly served the Administrative Complaint Fact and Conclusion of Law as contained in the Administrative Complaint. Upon second by Member Wright, the Following discussion, Member Wright moved for revocation; Member Sante seconded the motion and it carried unanimously. Penalty Imposed: Revocation. (49) Item 49 Kathleen Green, Case No. 2007046700 and Lee Ann Moody, Case No. 2007046698 Hearing Not Involving Disputed Issues of Kathleen Green and Lee Ann Moody were not present and their counsel, Thomas Brady was not present. All board members participated in the post-final order action. Mr. Minarcin represented the Department and presented the case to the Board. After discussion, Mr. Sante moved to deny the Motion for Stay of a Final Order based upon the grounds set forth by Attorney Minarcin in his response to the Respondents Amended Joint Motion for Stay of Final Order. Vice-Chair Oreto seconded the motion and it carried unanimously. Action Taken: Motion denied. Minutes of June 7 & 8, 2010 Page 19
Disciplinary Costs: Member Sante asked for clarification on how the length of probationary periods is determined, automatically adding investigative costs to revoked license cases, and if the department is able to collect on such fines and costs when a license is revoked. Director O Bryant and Counsel Clark explained the use of probation as: early termination language benefits the licensee to pay any costs and fines quickly to remove the probation from their license a negotiation tool in the discipline process by the department s prosecutors to arrive at a stipulated agreement for discipline there are no statutory provisions to automatically impose costs to cases where revocation is imposed the State of Florida has an agency that performs the task of collecting unpaid fees the cost to the division is time spent by staff preparing the files to submit to the collection agency The board asked to have a follow up discussion at the August 2010 meeting. Meeting Recessed Noting that the Legal Appearance Docket will be continued on Tuesday, June 8, 2010 at 8:30 a.m., Chair Herndon recessed the meeting at approximately 4:00 p.m. Minutes of June 7 & 8, 2010 Page 20