Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: FLOYD J. KENYON
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Nov. 12, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 15, 2021.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK Evetle Lawson-Proctor
Date 9/14/2020
STATE OF FLORIDA Pale
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2020-023981
FLOYD J. KENYON,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Department Of Business and Professional Regulation (‘‘Petitioner”) files this
Administrative Complaint before the Florida Real Estate Appraisal Board, against Respondent,
Floyd J, Kenyon (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the practice of real estate
appraisal pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475 of the
Florida Statutes.
2. At all times material to this Complaint, Respondent was licensed as a state
certified residential real estate appraiser in the State of Florida, having been issued license
number RD 1582.
3. Respondent’s address of record with Petitioner is 5744 Liatris Circle, Sarasota,
Florida 34238.
4, On or about February 7, 2020, with an effective date of February 4, 2020,
Respondent developed and communicated an appraisal report (“AR”) for property commonly
21074 7" Ave E, Bradenton, Florida 34208 (“Subject Property”), with an opinion of market
value of $215,000. Respondent made one or more of the following errors or omissions in the
Report:
In the Cost Approach Section of the Report, Respondent cites the Marshall
& Swift Handbook as the source of cost data; however, Respondent did
not use the Marshall & Swift Handbook in developing the Report;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the pond adjustment for comparable #2;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the age adjustments;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the bathroom adjustments;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the gross living area (GLA) adjustments;
In the Cost Approach Section of the Report, Respondent’s workfile does
not contain adequate data, information, or documentation to support the
$145 per square foot dwelling cost; and, or
In the Cost Approach Section of the Report, Respondent’s workfile does
not contain adequate data, information, or documentation to support the
$40 per square foot carport cost.
COUNT ONE
5. This is an action for violation of Section 475.624(4), Florida Statutes.
6. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through four (4).
7. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“[hJas violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
8. Florida Administrative Code Rule 61J1-9.001 provides that all appraisers “shall
comply with the 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP),
effective January 1, 2020, which is incorporated by reference.”
9. Respondent violated one or more of the following USPAP provisions:
a. Record Keeping Rule;
b. Ethics Rule;
c. USPAP Standards Rule 1-1(a);
d. USPAP Standards Rule 1-1(b);
e. USPAP Standards Rule 1-1(c);
f. USPAP Standards Rule 1-4(a); and, or
g. USPAP Standards Rule 2-1(a);
10. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes.
COUNT TWO
11, This is an action for violation of Section 475.624(4), Florida Statutes.
12. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through three (3), and paragraph four (4) subpart a.
13. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“{hjas violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
14. Section 455.227(1)(m), Florida Statutes, in relevant part subjects a licensee to
discipline for “‘making...untrue...representations in or related to the practice of a profession...”
15. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes.
COUNT THREE
16. This is an action for violation of Section 475.624(15), Florida Statutes.
17. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through four (4).
18. Section 475.624(15), Florida Statutes, subject a licensee to discipline if he or she
“{hjas failed or refused to exercise reasonable diligence in developing an appraisal or preparing
an appraisal report.”
19. Based on the foregoing, Respondent violated Section 475.624(15), Florida
Statutes.
COUNT FOUR
20. This is an action for violation of Section 475.624(4), Florida Statutes through a
violation of Section 475.679, Florida Statutes.
21. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through three (3) and paragraph four (4) subparts c - g.
22, Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“(has violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
23. Section 475.629, Florida Statutes Florid provides that all appraisers “prepare and
retain a work file for each appraisal...” and that “[t]he work file must contain original or true
copies of...supporting data assembled and formulated by the appraiser...in preparing appraisal
reports...”
24. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes
through a violation of Section 475.629, Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Board of Real Estate Appraisal enter
an order imposing one or more of the following penalties: permanent revocation or suspension of
Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a
reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or
any other relief that the Board deems appropriate.
Signed this Ist day of September, 2020.
HALSEY BESHEARS, Secretary
Department of Business and
Professional Regulation
By: /s/Delhon Braaten
Delhon Braaten
Assistant General Counsel,
Division of Real Estate
Florida Bar No. 1019342
Department of Business and
Professional Regulation
Office of the General Counsel
2601 Blair Stone Road
Tallahassee, FL 32399-2202
(850)717-1232
Delhon.Braaten@MyFloridaLicense.com
PCP Date: 9-1-2020
PCP Members: Roy/Simmons
NOTICE OF RIGHTS
PLEASE BE ADVISED that mediation under section 120.573, Florida Statutes, is not
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to
be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented
by counsel or other qualified representative, to present evidence and argument, to call and cross-
examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her
behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part
that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency
pleading, Respondent waives the right to request a hearing on the facts alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred costs related to the
investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes,
the Board, or the Department when there is no Board, may assess costs related to the
investigation and prosecution of the case excluding costs associated with an attorney's time,
against Respondent in addition to any other discipline imposed.
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK Evetle Lawson-Proctor
Date 10/5/2020
STATE OF FLORIDA Pale
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2020-023981
FLOYD J. KENYON,
Respondent.
AMENDED ADMINISTRATIVE COMPLAINT
Petitioner, Department Of Business and Professional Regulation (‘‘Petitioner”) files this
Administrative Complaint before the Florida Real Estate Appraisal Board, against Respondent,
Floyd J, Kenyon (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the practice of real estate
appraisal pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475 of the
Florida Statutes.
2. At all times material to this Complaint, Respondent was licensed as a state
certified residential real estate appraiser in the State of Florida, having been issued license
number RD 1582.
3. Respondent’s address of record with Petitioner is 5744 Liatris Circle, Sarasota,
Florida 34238.
4, On or about February 7, 2020, with an effective date of February 4, 2020,
Respondent developed and communicated an appraisal report (“AR”) for property commonly
2104 7 Ave E, Bradenton, Florida 34208 (“Subject Property”), with an opinion of market value
of $215,000. Respondent made one or more of the following errors or omissions in the Report:
a.
In the Cost Approach Section of the Report, Respondent cites the Marshall
& Swift Handbook as the source of cost data; however, Respondent did
not use the Marshall & Swift Handbook in developing the Report;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the location adjustment for comparable #1;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the location adjustment for comparable #3;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the condition adjustment for comparable # 2;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the garage adjustment for comparable # 2;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the garage adjustment for comparable # 3;
In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the renovation/upgrades adjustment for comparable # 1;
h. In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the renovation/upgrades adjustment for comparable # 3;
i. In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the age adjustments;
j. In the Sales Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the gross living area (GLA) adjustments;
k. In the Cost Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the $30/square foot cost of the garage;
1. In the Cost Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the $118/square foot cost of the dwelling; and, or
m. In the Cost Comparison Approach Section of the Report, Respondent’s
workfile does not contain adequate data, information, or documentation to
support the $9,000 cost for “as-is” or the patio and fence.
COUNT ONE
5. This is an action for violation of Section 475.624(4), Florida Statutes.
6. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through four (4).
7. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“{hjas violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
8. Florida Administrative Code Rule 61J1-9.001 provides that all appraisers “shall
comply with the 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP),
effective January 1, 2020, which is incorporated by reference.”
9. Respondent violated one or more of the following USPAP provisions:
a. Record Keeping Rule;
b. Ethics Rule;
c. USPAP Standards Rule 1-1(a);
d. USPAP Standards Rule 1-1(b);
e. USPAP Standards Rule 1-1(c);
f. USPAP Standards Rule 1-4(a); and, or
g. USPAP Standards Rule 2-1(a);
10. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes.
COUNT TWO
11. This is an action for violation of Section 475.624(4), Florida Statutes.
12. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through three (3), and paragraph four (4) subpart a.
13. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“{hjas violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
14. Section 455.227(1)(m), Florida Statutes, in relevant part subjects a licensee to
discipline for “making. ..untrue...representations in or related to the practice of a profession...”
15. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes.
COUNT THREE
16. This is an action for violation of Section 475.624(15), Florida Statutes.
17. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through four (4).
18. Section 475.624(15), Florida Statutes, subject a licensee to discipline if he or she
“[h]as failed or refused to exercise reasonable diligence in developing an appraisal or preparing
an appraisal report.”
19. Based on the foregoing, Respondent violated Section 475.624(15), Florida
Statutes.
COUNT FOUR
20. This is an action for violation of Section 475.624(4), Florida Statutes through a
violation of Section 475.679, Florida Statutes.
21. Petitioner re-alleges and incorporates by reference the allegations set forth in
paragraphs one (1) through three (3) and paragraph four (4) subparts b - m.
22. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she
“{h]as violated any provision of this part or any lawful order or rule issued under this part or
Chapter 455.”
23. Section 475.629, Florida Statutes Florid provides that all appraisers “prepare and
retain a work file for each appraisal...” and that “[t]he work file must contain original or true
copies of...supporting data assembled and formulated by the appraiser...in preparing appraisal
reports...”
24. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes
through a violation of Section 475.629, Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Board of Real Estate Appraisal enter
an order imposing one or more of the following penalties: permanent revocation or suspension of
Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a
reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or
any other relief that the Board deems appropriate.
Signed this 24th day of September, 2020.
HALSEY BESHEARS, Secretary
Department of Business and
Professional Regulation
By: /s/Delhon Braaten
Delhon Braaten
Assistant General Counsel,
Division of Real Estate
Florida Bar No. 1019342
Department of Business and
Professional Regulation
Office of the General Counsel
2601 Blair Stone Road
Tallahassee, FL 32399-2202
(850)717-1232
Delhon.Braaten@MyFloridaLicense.com
PCP Date: 9-1-2020
PCP Members: Roy/Simmons
NOTICE OF RIGHTS
PLEASE BE ADVISED that mediation under section 120.573, Florida Statutes, is not
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to
be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented
by counsel or other qualified representative, to present evidence and argument, to call and cross-
examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her
behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part
that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency
pleading, Respondent waives the right to request a hearing on the facts alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred costs related to the
investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes,
the Board, or the Department when there is no Board, may assess costs related to the
investigation and prosecution of the case excluding costs associated with an attorney's time,
against Respondent in addition to any other discipline imposed.
Docket for Case No: 20-004971PL
Issue Date |
Proceedings |
Jan. 15, 2021 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 14, 2021 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 07, 2021 |
Notice of Appearance (James Fortunas; filed in Case No. 20-004971PL).
|
Jan. 07, 2021 |
Notice of Appearance (James Fortunas) filed.
|
Jan. 07, 2021 |
Order Denying Petitioner's Motion for Protective Order.
|
Jan. 05, 2021 |
Response to Petitioner's Motion for Protective Order filed.
|
Dec. 29, 2020 |
Petitioner's Motion for Protective Order filed.
|
Dec. 15, 2020 |
Order of Pre-hearing Instructions.
|
Dec. 15, 2020 |
Notice of Hearing by Zoom Conference (hearing set for February 23 and 24, 2021; 9:30 a.m., Eastern Time).
|
Dec. 14, 2020 |
Notice of Service of Responses to Petitioner's First Interlocking Discovery Request filed.
|
Dec. 14, 2020 |
Joint Status Report filed.
|
Dec. 09, 2020 |
Order of Consolidation (DOAH Case Nos. 20-4969, 20-4970, 20-4971) (Status report due December 14, 2020).
|
Nov. 20, 2020 |
Petitioner's and Respondent's Joint Response to Initial Order filed.
|
Nov. 18, 2020 |
Notice of Appearance (Nancy Campiglia) filed.
|
Nov. 13, 2020 |
Procedural Order.
|
Nov. 13, 2020 |
Initial Order.
|
Nov. 13, 2020 |
Notice of Petitioner's First Interlocking Discovery Requests filed.
|
Nov. 12, 2020 |
Election of Rights filed.
|
Nov. 12, 2020 |
Administrative Complaint filed.
|
Nov. 12, 2020 |
Agency referral filed.
|