STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. : Case No. 2008-039474 THOMAS C. CHARPENTIER, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Thomas C. Charpentier (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the provision of real estate appraisal services, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 475, Florida Statutes . 2. The Department of Business and Professional Regulation has jurisdiction over thé unlicensed provision of real estate appraisal services pursuant to Section 455.228, Florida Statutes. ) . 3. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of GAOGC ULA\AC 2008\Charpentior AC.1 doc 1 ST/SA Sad YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta Be:0T b6O0¢e te ver receipt of an agency pleading, Respondent waives Respondent's right to request a hearing on the facts alleged. 40° Respondent’s “last known address is 2706 Stormy Cirele, Navarre, FL 32566. 5. At no time material to this complaint was Respondent certified or licensed to provide real estate appraisal services in the State of Florida pursuant to Chapter 475, Florida Statutes. 6. Respondent was previously licensed as a Certified General Appraiser in Louisiana. . Respondent’s Louisiana license became inactive on March 4, 1991, and expired on December 31, 1994. 7. In or about February 2006, Respondent submitted an application and request to the Florida Real Estate Appraiser Board (the “Board”) for a waiver or variance of the Board's rules pertaining to licensure and stated he sought to expedite obtaining a certified general appraiser’s license in the State of Florida. | 8. The Board denied Respondent’s request for 4 waiver or variance on December 3, 2007. 9, During the course of the review and a subsequent investigation of Respondent's application and request for variance, the Department obtained documents and information as set forth below. GAOGC ULA\AC 2008\Charpenticr AC. 1.dac 2 ST/98 Sad YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta Be:0T b6O0¢e te ver 10. Respondent submitted two resumes to the. Department. 11. One of the resumes contained the following identifying information: QUALIFICATIONS OF THE APPRAISER. APPRAISER: THOMAS Cc. CHARPENTIER, Real Estate Appraiser - Vanguard Bank and Trust. See Exhibit A. 12. A second resume contained the following identifying information: QUALIFICATIONS OF THE APPRAISER. APPRAISER: THOMAS C. CHARPENTIER, Manager, Senior Real Estate Appraiser—-Vanguard Bank and Trust. See Exhibit 5. 13. Respondent’ s Vanguard Bank business card contained the - following identifying information: “Thomas C. Charpentier, Real Estate Appraiser, Appraisal Institute General Associate.” See Exhibit C. 14. At all times material to this complaint Respondent has been employed by Vanguard Bank and Trust (“the bank”) in Mary Esther, Florida, in the “Appraisal Review” department. 15. Respondent created the “Appraisal Review” department at the bank. 16, Respondent's duties at the bank include reviewing appraisal. reports submitted to the bank by certified appraisers to determine compliance with the Uniform Standards of Professional Appraisal Practice. 17. The Uniform Standards of Professional Appraisal Practice (“USPAP”) are the standards governing the preparation, GAQGC ULA\AC 2008\Charpentier AC. 1.doc 3 ST/é@ Sod YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta B2:0T 600e fe Yer reporting, and reviewing of appraisals established by the Appraisal Foundation pursuant to the Financial Institutions Reform,: Recovery, and Enforcement Act of 1989. The purpose of USPAP is to ensure that an appraisal is objectively reliable and . to prevent those who rely on the appraisal reports from being misled. 18. Section 475.628, Florida Statutes, provides in relevant part that each appraiser registered, licensed, or certified in Florida shall comply with USPAP. 19. USPAP Standards. Rule 3 applies to appraisal review, development and reporting, and requires the reviewer to prepare a separate report setting forth the scope of work performed and the results of the appraisal review. 20. USPAP Standards Rule 3-3 requires each written appraisal review report to contain a signed certification that is similar in content to the following form: I certify that, to the best of my knowledge and belief: - the facts and data reported by the reviewer and used in the review process are true and correct. - the analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report and are my personal, impartial, ~and unbiased professional analyses, opinions, and conclusions. - I have no (or the specified) present or prospective interest in the property that is GAGGC ULA\AC 2008\Charpentier AC. 1.doe 4 ST/8a Jad YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta Be:0T b6O0¢e te ver 21. the subject of the work under review and no (or the specified) personal interest with respect to the parties involved. “I have no bias with respect to the property that is the subject of the work under review or to the parties involved with this assignment. my engagement in this assignment was not contingent upon developing or reporting predetermined results. my compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in this review or from its use. my analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. ; I have (or have not) made a personal inspection of the subject property of the work under review. (If more than one person signs this certification, the certification must clearly specify which individuals did and which individuals did not make a personal inspection of the subject property of the work under review.) no one provided significant appraisal, appraisal review, or appraisal consulting assistance to the person signing this certification. (If there are exceptions, the name of each individual (s) providing appraisal, appraisal review, or appraisal consulting assistance must be stated.) on June 11, 2008, Respondent developed and communicated to Vanguard Bank a review report of an appraisal GAOGC ULALAC 2008\Charpentier AC. 1.doc ST/6A = Savd YOO sddd Bp29P Tress 62:07 600¢ ge Yer Sa:1T babs /62 / TH ST/aT report developed by State Certified General Real Appraiser Michael L. Carroll. See Exhibit D. 22. Estate In His review report, Respondent evaluated Carroll’s appraisal report for quality control and conformity with the Uniform Standards of Professional Appraisal Practice {USPAP). 23. Respondent's review report contained a certification stating as follows: “I certify that, to the best of my knowledge and belief: The facts and data reported by the reviewer and used in the review process are true and correct. The analysis, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions in this review report and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of the work under review and neo personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of the work under review or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation is not contingent on an action or event resulting from the analyses, _ opinions, or conclusions in this reviewer or from its use. GAOGC ULA\AC 2008\Charpentier AC. 1.doc and YOO sddd Bp29P Tress Be:OT b6O0¢e te ver Sa:1T babs /62 / TH * The reported analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. * The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. * I have not made a personal inspection of the subject property of the work under review. * No one provided significant appraisal, appraisal review, or appraisal consulting assistance to the person signing this certification.” 24. On August 10, 2006, Respondent developed and communicated to Vanguard Bank a review report of an appraisal report developed by State Certified General Real Estate Appraiser Thomas A. Marr. 25. In his review. report, Respondent evaluated Marr's appraisal report for quality control and conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) . See Exhibit E. A USPAP certification was not. attached to the Marr’s review report. 26, Respondent informed the Department investigator that during the period January 2006 through July 2008, he signed approximately 770 appraisal review reports. GAOGC ULA\AC 2008\Charpenticr AC.1 doc 7 ST/TT Savd YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta Be:OT b6O0¢e te ver 27. Section 475.626(1) (a), Florida Statutes, provides that no person shall operate or attempt to operate as a registered trainee, appraiser or licensed or certified appraiser without being the holder of a valid and current registration, license, or certification issued by the Department. 28. Section 475.612, Florida Statutes, provides that, subject to. statutorily specified exceptions not relevant here, a person may not: (a) use the title “certified. real estate appraiser, * “licensed real estate appraiser,” or “registered trainee real estate appraiser,” or any abbreviation or words to that effect, or (b) aissue an appraisal report, unless such person is certified, Licensed; or registered by the Department. 29, Section 475.611(1) (c), Florida Statutes, defines appraisal report as: any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report. communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. 30. Section 475.611(1) (d), Florida Statutes, defines ‘appraisal review" as the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. GAOGC ULA\AC 2008\Charpentier AC.Lidoc 3 ST/éT avd YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta 62:07 600¢ ge Yer ST/ET 31. Section 475,.611(1) (a), Florida Statutes, “appraisal” or "appraisal services" to include: 32. 1. “Appraisal assignment”. . denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. J 2. “Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. “Appraisal review assignment” denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. : defines Section 475.611(2), Florida Statutes provides: Wherever the word “operate” or "operating" appears in this part with respect to a registered trainee appraiser, licensed appraiser, or certified appraiser; in any order, rule, or regulation of the board; in any pleading, indictment, or information under this part; in any court action or proceeding; or in any order or judgment of a court, at shall be deemed to mean the commission of one or more acts deseribed in this part as constituting or defining a GAOGC ULA\AC 2008\Charpentior AC.1 dos and YOO sddd Bp29P Tress Of:0T 6o0¢ te ver Sa:1T babs /62 / TH registered trainee appraiser, licensed appraiser, or certified appraiser, not including, however, any of the exceptions stated therein. A single act is sufficient to bring a- person within the meaning of this subsection, and each act, if prohibited herein, constitutes a separate offense. COUNT ONE 33. Petitioner re-alleges and incorporates by reference paragraphs 1 through 32 as if stated fully herein. 34, Based on the foregoing Respondent violated Section 475,612(1), Florida Statutes, Respondent violated Section 475.612, Florida Statutes, in one of more of the following ways: (a) by using the titles “real estate appraiser,” “senior real estate appraiser,” and/or “appraiser,” or any abbreviation or words to that effect (5) by issuing appraisal reports as defined by Section 475,611(1) (c), Florida Statutes without being certified, ‘licensed, or registered by the Department. COUNT TWO 35. Petitioner re-alleges and incorporates by reference paragraphs 1 through 32 as if stated fully herein. 36. Based on the foregoing, Respondent violated Section 475.626(1) (a), Florida Statutes, by operating as a real estate appraiser in the State of Florida without being the holder of a valid and current: registration, license or certification in one or more of the following ways: GAOGC ULA\AG 2008\Charpentier AC.1.doc 10 ST/PT BK YOO sddd Bp29P Tress Se-TT 6hae/ee/Ta OF:0T 600¢ se Yer ta) by performing and issuing appraisal reviews as defined by Section 475.611(1) (d), Florida Statutes; (b) by ‘performing analysis assignments, 45 defined by section 475.611(1) (a)2, Florida Statutes; (c) by performing appraisal review assignments as defined by Section 475.611(1) (a)3, Florida Statutes. Wherefore, Petitioner respectfully requests that a Final Order be entered imposing one. or more of the following penalties: imposition of ‘an administrative fine not to exceed $5,000 per incident, assessment of costs associated with the investigation and prosecution (excluding costs associated with an attorney’s time); and/or any other relief the Department is authorized to impose pursuant to Chapters 455 and 475, Florida Statutes, and/or the rules promulgate Signed nse Millon of SA GAOGC ULA\VAC 2008\Charpentier AC.1 doc ST/ST Savd YOO sddd Of:0T 6o0¢ te ver Assistant General Counsel Fla. Bar No. 734853 1940 North Monroe Street Tallahassee, FL 32399-2202 Voice: (850) 414-0137 Facsimile: (850) 414-6749 ‘PC Found: 1M /2b/ 2008 Bp29P Tress Se-TT 6hae/ee/Ta

Docket for Case No: 09-000374