STATE OF FLORIDA Fi DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD ED an APR py FLORIDA DEPARTMENT OF BUSINESS & Ai: PROFESSIONAL REGULATION, _ | Glid AL DIVISION OF REAL ESTATE, 10 Petitioner, v. CASE NO. 2009020925 CARL LEE CARR, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Carl Lee Carr("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 state certified residential real estate appraiser having been issued license 3884 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license the State issued to Respondent was as a state certified residential real estate appraiser at 132 Chase Run, H:\FREAB\carr.c.doc 1 FDBPR v. Carl Lee Carr Case No. 2009020925 Administrative Complaint Miramar Beach, Florida 32550. 4. On or about February 23, 2004, Carl L. Carr (Respondent) pled guilty to one count of Conspiracy to commit money laundering. A judgment of guilt was entered on May 11, 2004. “A copy of the judgment and sentence is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent has been a certified residential appraiser since December 11, 2002. 6. Respondent did not inform the Board in writing within 30 days of his conviction. COUNT ONE Based upon the foregoing, Respondent is guilty of 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 in violation of Section 475.624(5), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of failing to inform the Florida Real Estate Appraisal Board in writing within thirty (30) days of having pled guilty or nolo contendere to, or H:\FREAB\carr.c.doc 2 FDBPR v. Carl Lee Carr Case No. 2009020925 Administrative Complaint having been convicted or found guilty of, any felony, and therefore is in violation of Section 475.624(9), 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 61J71-8.002, 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, H:\FREAB\carr.c.doc 3 FDBPR v. Carl Lee Carr Case No. 2009020925 Administrative Complaint 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 notice; or any combination of the foregoing which may apply. See Section 455.227, Fla. Statutes and Florida Administrative Code Rule 6171-8.002. SIGNED this [aay of — Dane , 2010. CHARLIE LIEM, Interim Secretary Department/fo¥ Business and H 1 Regulation Assistant’~General Counsel Fla. Bar No. 11310 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 1/6/10 PCP MEMBERS: JH/JS H:AFREAB\carr.c.doc FDBPR v. Carl Lee Carr Case No. 2009020925 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 allowed by law, 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. H:\FREAB\carr.c.doc 5 Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 1 of 5 FLD Form 2438 (rev 12/2003) Jdemant in a Criminal Case $:030r33-O03/MCR « CARL L. CA : . UNITED STATES DISTRICT COURT . NORTHERN DISTRICT OF FLORIDA i PANAMA CITY DIVISION , UNITED STATES OF AMERICA * ave. - a mc , Case # 5:03cr33-003/MCR * CARL L. CARR _ ; : . USM # 05691-017 : Defendant's Attorney: Frank K, Martin (Retained) THE MARTIN FIRM vs 233 12" Street, Suite301. 6 3 PO BOX 1436 soi a QO COLUMBUS, GA 31902-1536 — = : . sand a WW an Sree = a! ae . JUDGMENT IN A CRIMINAL CASE "wage T= l peste = LL ; The defendant pled gullty to Count 1 of the Indictment on February 23, 2004. Accra F Is ; ORDERED that the defendant is adjudged guilty of such count(s) which invoive(s) the following i offensé(s): i TITLE/SECTION NATURE OF DATE OFFENSE : 18 U.S.C. § 1956(a)(1) Conspiracy to Commit Money August 31, 2000 One ; and (h) ; Laundering ; ; The defendant !s sentenced as provided in the following pages of this Judgment. The sentence Is + imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective , subsequent to 1984, and the Sentencing Guidelines, . promulgated by the U.S. Sentencing Commission. :- 17 1S FURTHER ORDERED that the defendant shail notify the United States attorney for this * district within 30 days of any change of name, residence, or mailing address until all fines, ‘ restitution, costs and spacial assessments imposed by this Judgment are fully paid. . Date of Imposition of Sentence: May 6, 2004 M. CASEY RODGERS UNITED STATE DISTRICT JUDGE May [(th 2004 AUMINISTRATIVE " COMPLA! EXHIBIT of NT UGE dor 1 ttt erences Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 2 of 5 FLND Form 24SB (rev 12/2003) Judgment in a Criminal Case + Page 2 of 5 * 5:03¢r33-QO3/MCR » CARL L. CARR PROBATION The defendant is hereby placed on probation for a term of 5 Years. While on probation, the defendant shall not commit another federal, state, or local crime and shall not illegally possess a firearm, ammunition, or destructive device. The defendant shall "also comply with the standard conditions that have been adopted by this court (set forth below). ' If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution, For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled substance, The defendant shall submit to one drug test within 15 ’ days of release from placement on probation and at least two periodic drug tests thereafter, as directed by the probation officer. The above drug testing condition is suspended based on the Court's determination that the , defendant poses a low risk of future substance abuse. STANDARD CONDITIONS OF SUPERVISION The defendant shall comply with the following standard conditions that have been _ adopted by this court. 1 The defendant shall not leave the judicial district without the permission of the court or probation Officer; : . 2. The defendant shall report to the probation officer and shail submit a truthful and complete written report within the first five days of each month; 3. The defendant shail answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; oo 8 The defendant shall support his or her dependents and meet cther family responsibilities; 5. The defe ndant shail work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6. The defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; c 7. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; . 8 The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, of administered; 8. The defendant shalt not associate with any persons engaged In criminal activity and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; : AUMINISTRATIVE COMPLAINT SVL eer reece meee EXHIBIT # . ARE __ Z OF Case 5:03-cr-00033-MCR . Document 170 Filed 05/11/2004 _ Page 3 of 5 FIND Form 2458 (rev 12/2003) Judgment in a Criminal Case Page 3 of 5 5:03cr33-003/MCR ~ CARL L. CARR 10. The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shaft permit confiscation of any contraband observed in plain view of the probation Officer; 41. The defendant shall notify the probation officer within rr hours of being arrested or ¥ questioned by . @ law enforcement officer; 42. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and : 13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shail permit the probation officer to make such notifications and to confirm the defendant's compliance with such Notification requirement. 14. If this Judgment Imposes a fine or a restitution obligation, it shall be a condition of supervision that the defendant pay any such fine or restitution In accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. ADDITIONAL CONDITIONS OF PROBATION | The defendant shall aiso comply with the following additional conditions of probation: 1. The defendant shall not own or possess, either directly or constructively, a firearm, dangerous weapon, or destructive device. 2. The defendant shail submit all requested financial Information to the probation officer, both business and personal. 3. - The defendant shall make periodic payments toward his fine balance in an amount to be determined by the probation officer. . 4, The defendant shall not obtain a passport while under supervision. Upon a finding of a violation of probation or supervised release, tunderstand the Court may * (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision, These conditions have been read to me. | fully understand the conditions and have been provided a copy of them. . Defendant Date U.S. Probation Officer/Designated Witness Date AUMINISTRATIVE COMPLAINE EXHIBIT # _[ PAGE 2 ooF __ _ 3 Case 5:03-cr-00033-MCR Document170 ‘Filed 05/11/2004 Page4of5 . ” FLND Form 2458 (rev 12/2003) Judgment in a Criminal Case . Page 4 of 5 §:030r33-003/MCR - CARL L. CARR CRIMINAL MONETARY PENALTIES All criminal monetary penalty payments, except those payments made through the Bureau _ Of Prisons' Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District Court, uniess otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S. District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments can be made in the form of cash if paid in person. : The defendant shail pay the following total criminal monetary penalties in accordance with the schedule of payments set forth In the Schedule of Payments. The defendant shall pay interest ‘on any fine or restitution of more than $2,500, unless the fing or restitution Is paid in full before the _ fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). ‘All of the payment _ options In the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U. s. C.§ 3612(g). Special — ; Eine -Restitution $100.00 - $10,000.00 : . None SPECIAL MONETARY ASSESSMENT . A special monetary assessment of $100.00 Is Imposed. ' FINE A fine in.the amount of $10,000.00 is imposed... The Court has. determined that the defendant does not have the ability to pay interest. It is ORDERED that: In the interest of justice, interest on the fine Is waived. No restitution imposed. FORFEITURE - The Court has entered a separate Final Order of Forfeiture in this case and it Is adopted as part ’ of this judgment. ADMIN) ISTRa Ary: EXuon Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 5of5 ' FLND Forwi 2458 (rev 12/3004) Judgment ina Criminal Case, Page Sof 5 CARR + §:03¢733-003/MCR - CARL L. SCHEDULE OF PAYMENTS . Payments shail be applied in the following order: (1) special monetary assessment; (2) non- - federal victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; (7) : penaities in full immediately . : : Breakdown of fine and other criminal penalties is as follows: Fine: $10,000.00 SMA: $100.00 Restitution: $None Cost of Prosecution: $None _ The $100.00 monetary assessment shall be paid.immediately. Any payments of the monetary "assessment and the fine made while the defendant Is incarcerated shall be made through the Bureau of Prisons’ Inmate Financial Responsibility Program. The remaining balance shall be : paid as follows: The defendant must notify the court of any material.changes in the defendant's : economic circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a change in the defendant's economic condition, the Court may adjust the Installment payment schedule as the interests of justice require. Special Instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C. _ §3664(f)(3)(A): : . Unless the court has expressly orderad otherwise above, if this Judgment imposes a period of imprisonment, payment of criminal monetary penalties shail be due during the period of ,impriscament. In the event the entire amount of monetary penalties Imposed is not paid prior to Lt nae ; the commencement of supervision, the U.S. probation officer shall pursue collection of the amount due. The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed. : ADMINISTRATIVE COMPLAINT EXHIBIT 3 PAGE 8 fas

Docket for Case No: 10-001962PL