os OMe , STATE OF FLORIDA Up &e DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION "Op ~4/ FLORIDA REAL ESTATE APPRAISAL BOARD 4g Orn, ty Y 7 ee) 2, VEGSPS Ge FLORIDA. DEPARTMENT OF BUSINESS & Appia Ge PROFESSIONAL REGULATION, “Oe Mba DIVISION OF REAL ESTATE, Petitioner, () (o - SDY { PL v. CASE NO. 2004026657 JAMES W. DELAPLANTE, Respondent. l- ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against James W. Delaplante (“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 of the Florida Statutes, and the rules promulgated thereunder. 2. Respondent is currently a Florida licensed real estate appraiser having been issued license 228 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license the State issued to Respondent was as a licensed real estate appraiser at 2885 S. Oasis Drive, Boynton Beach, Florida 33426. | * $2 FDBPR v. James W. Delaplante Case No. 2004026657 Administrative Complaint 4. On or about November 21, 2003, Respondent developed and communicated an appraisal report (Report) for real property commonly known as 4830 Beresford Circle, West Palm Beach, Florida 33417 (Subject Property) and estimated its value at $180,000 as of November 11, 2003. A copy of the report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. . 5. In the Report Respondent utilized the Sales Comparison Analysis. 6. In the Report Respondent specified in the Sales Comparison Analysis section that the data and/or verfication sources for each of the comparable sales were by ISC/MLS and Public Records 7. Respondent failed to specify in the Report that comparable sales 2, 3, and 4 were each located in a gated subdivision different from that of the Subject Property. 8. Pursuant to an official investigation, Respondent forwarded a copy of what he purported to be the entire work file. 9. The work file failed to contain MLS data for comparable sale 1. 10. A sketch contained in the work file indicated that the Subject Property contained an “enclosed garage, a porch, and that its view was “residential-side canal.” 11. In the Report, Respondent failed to indicate a garage or a porch for Subject Property and indicated that the view was “res/lake.” . /. ) 12. In fact, the area on the Report that was indicated as a family toom was actually a below- grade garage and the area noted as a den was actually a porch open to the elements. COUNT I Based upon the foregoing, Respondent has violated a standard for the development or FDBPR v. James W. Delaplante Case No..2004026657 Administrative Complaint communication of a real estate appraisal, specifically the Ethics Rule, or other provision of the Uniform Standards of Professional Appraisal Practice (2003)-in violation of Section 475 .624(14), Florida Statutes. COUNT I Based upon the foregoing, Respondent is guilty of having failed to exercise reasonable diligence in developing an appraisal report in violation of Section 475.624(15), Florida Statutes. 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 of the Florida Statutes, 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, or any combination of the foregoing which may apply. See Section 475.624, Florida Statutes and Rule 61J1-8.002, Florida Administrative Code. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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; FDBPR v. James W. Delaplante Administrative Complaint Case No. 2004026657 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 Section 455.227, Fla. Statutes and Florida Administrative Code Rule 6131-8.002. SIGNED this LO day of 2005. Professional Regulation ‘Elizabeth P. Vieira Director, Division of Real Estate FED nent of Professional Regulat Division of Real Estate : ke, , a Stacy N. Robinson Pierce, Senior Attorney ‘Gkertc : Fla. Bar No. 182796 bere t M [ oS Division of Real Estate cae Legal Section wae 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX ATTORNEY FOR PETITIONER PCP: JS/JB 1/05 FDBPR v. James W. Delaplante Case No. 2004026657 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 of the Florida Statutes; 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. ADMINISTRATIVE COM =XHIBIT 4 AGE Log Property Description UNIFORM RESIDENTIAL APPRAISAL REPORT Fleno, 03110207 Property Address 4830 BERESFORD CIRCLE City WEST PALM BEACH Stata FL. Tip Cods 33417 Legal Description FOXWOOD ESTATES PLAT 2 LOT 58 County PALM BEACH estes Patel ite 00-42-43-13-000-05B0 AV:598,241 R.E. Taxes $ 1,390.10 Special Avesemuils§ 0.00, Owner S; XM ‘cnt Project Type “Sip Candaminlum (HUD, Tak TEE Map Reference 43-42-13 Census Tract GO19.08 Descriotion and $ amount of loan charmes/enneassions to be pald by sellar_ $4,500 CLOSING CSTS Address 6829 WEST COLONIAL DRIVE, ORLANDO, FL 32818 Address P.O, BOX 540206, LAKE WORTH, FL 33454 Tax Year 2002 Mee orProjectNama _. FOXWOOD ese a Sale Price $ 179,000 Date of Sala 14/03 VANTAGE MORTGAGE SERVICE JAMES W. DELAPLANTE E<] Suburban Rural Predomlnent ane family housieg Presentland vse % Land use change Built up Over 75% 28-75% 1 Under 25% occupancy 5 (000) (yrs) |Oniamily 86. Not likely Ukely i Growth rats = {_] Rapid () Stabte Slaw &) owner 410 Low__10__| 2-4 familly 5 | In process Property values Increasing Stabla {_] Dectining [[] Tenant Muli-family__5 To: Demand/supply