Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE APPRAISAL BOARD
Respondent: DALE SMALLEY
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Sep. 11, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 28, 2000.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BOARD
FLORIDA DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION,
Petitioner,
v. CASE NO. 99-83505
DALE SMALLEY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Florida Department of Business & Professional Regulation, Division of Real Estate
("Petitioner") files this Administrative Complaint against Dale Smalley (“Respondent”), and
alleges:
ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. Petitioner is a state government licensing and regulatory agency charged with the
responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State
of Florida, including Section 20.165 and Chapters 120, 455 and 475, Fla. Stat., and the rules
promulgated thereunder.
2. Respondent is currently a Florida state certified residential real estate appraiser having
been issued license RD0003223 in accordance with Chapter 475 Part II, Fla. Stat.
3. The last license issued to Respondent was as a state certified residential real estate
appraiser at 6400 SW 99" Avenue, Miami, Florida 33173.
3. On or about July 1999, Respondent was a state registered assistant real estate appraiser
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FDBPR v. Dale Smalley Case No. 9983505
Administrative Complaint
supervised by Lance S. Campbell who holds license number RZ0002126.
4. On or about July 15, 1999, Respondent signed an appraisal report, as a State Registered
Assistant Real Estate Appraiser, for a property commonly known as 15315 SW 178" Terrace,
Miami, Florida.
5. Respondent knew or should have known that the signature of the supervisory appraiser
was not the genuine signature of the person it purported to represent.
6. Respondent failed to maintain a work file for the appraisal report.
COUNT I
Based upon the foregoing, the Respondent has violated a standard for the development or
communication of a real estate appraisal or other provision of the Uniform Standards of
Professional Appraisal Practice, specifically the conduct portion of Ethics Rule, in violation of §
475.624(14), Fla. Stat. (1999).
COUNT IL
Based upon the foregoing, Respondent is guilty of culpable negligence or breach of trust
in a business transaction in violation of § 475.624(2), Fla. Stat. (1999).
WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, or
the Department of Business and Professional Regulation, as may be appropriate, to issue a Final
Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may
be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s),
include: revocation of the license, registration, or certificate; suspension of the license, registration
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FDBPR v. Dale Smalley Case No. 99§3505
Administrative Complaint
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or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up to
$5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand;
imposition of probation subject to terms including, but not limited to, requiring the licensee,
registrant, or certificate holder to complete and pass additional appraisal education courses;
publication, or any combination of the foregoing which may apply. See § 475.624, Fla. Stat. and
Rule 61J1-8.002, Fla. Admin. Code. The penalties which may be imposed for violation(s) of
Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the
license, registration, or certificate; suspension of the license, registration, or certificate for a period
not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or
offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject
to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to
complete and pass additional appraisal education courses; publication; restriction of practice;
injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the
foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J1-8.002, Fla. Admin. Code.
SIGNED this Quek day of Ma y , 2000.
culation
By: Herbert S. Fecker, Jr.
Director, Division of Real Estate
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FDBPR v. Dale Smalley te a eh Case No. 9983505
Administrative Complaint :
00 SEP 11 pla 50
BI SION OF WWE ATTORNEY FOR PETITIONER
ADM INISTRATN ve
AOE RBIS
Nancy P. Campiglia, Senior Attomey
Fla. Bar No. 0164259
FDBPR-Division of Real Estate
Legal Section
400 W. Robinson Street, N308A
Orlando, Florida 32802-1772
(407) 481-5632
(407) 317-7260 - FAX
PCP: EC/DG/MC 5/1/00
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this Administrative
Complaint you may request, within the time proscribed, a hearing to be conducted in this
matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at
your option and expense, to be represented by counsel or other qualified representative in this
matter; and that you have the right, at your option and expense, to take testimony, to call and
cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your
behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights
form or some other responsive pleading with the Petitioner within twenty-one (21) days of
receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate
Appraisal Board a motion requesting an informal hearing and entry of an appropriate Final
Order which may result in the suspension or revocation of your real estate license or
registration. Please see the enclosed Explanation of Rights and Election of Rights form.
Docket for Case No: 00-003796PL
Issue Date |
Proceedings |
Sep. 04, 2001 |
Respondent`s Objection to Official Recognition filed.
|
Dec. 28, 2000 |
Order Closing File issued. CASE CLOSED.
|
Dec. 27, 2000 |
Joint Motion to Place Case in Abeyance (filed via facsimile).
|
Dec. 07, 2000 |
Order On Respondent`s Motion to Dismiss issued.
|
Dec. 04, 2000 |
Petitioner`s Response to Respondent`s Motion to Dismiss (filed via facsimile).
|
Dec. 01, 2000 |
Notice of Compliance with Order Granting in Part Respondent`s Motion to Compel Production (filed via facsimile).
|
Nov. 28, 2000 |
Order Granting In Part Respondent`s Motion to Compel Production issued.
|
Nov. 28, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 31, 2001; 9:00 a.m.; Miami, FL).
|
Nov. 22, 2000 |
Unilateral Statement of Pre-Hearing Stipulation (filed via facsimile).
|
Nov. 17, 2000 |
Respondent`s Motion to Dismiss (filed via facsimile).
|
Nov. 17, 2000 |
Respondent`s Second Motion for Continuance (filed via facsimile).
|
Nov. 17, 2000 |
Respondent`s Motion to Compel Production (filed via facsimile).
|
Oct. 23, 2000 |
Request for Subpoenas (filed by H. Braxton via facsimile). |
Oct. 09, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 4, 2000; 10:00 a.m.; Miami, FL).
|
Sep. 27, 2000 |
Respondent`s Motion for Continuance of the Final Hearing filed.
|
Sep. 27, 2000 |
Respondent`s First Request for Production filed. |
Sep. 20, 2000 |
Order of Pre-hearing Instructions issued.
|
Sep. 20, 2000 |
Notice of Hearing issued (hearing set for November 16, 2000; 9:00 a.m.; Miami, FL).
|
Sep. 20, 2000 |
Order Granting Request for Representation by Qualified Representative issued.
|
Sep. 19, 2000 |
Unilateral Response to Initial Order (filed via facsimile).
|
Sep. 11, 2000 |
Qualified Representative Affidavit filed.
|
Sep. 11, 2000 |
Administrative Complaint filed.
|
Sep. 11, 2000 |
Request for Representation by Qualified Representative filed.
|
Sep. 11, 2000 |
Agency referral filed.
|
Sep. 11, 2000 |
Initial Order issued. |