09-006824PL Department Of Business And Professional Regulation, Division Of Real Estate vs. William Woods
 Status: Closed
Recommended Order on Tuesday, April 27, 2010.


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Summary: Petitioner did not prove the allegations in the Amended Administrative Complaints by clear and convincing evidence. Recommend dismissal.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF BUSINESS AND )

13PROFESSIONAL REGULATION, )

16DIVISION OF REAL ESTATE, )

21)

22Petitioner, )

24)

25vs. ) Case Nos. 09-6822PL

30) 09-6824PL

32FRED CATCHPOLE AND )

36WILLIAM WOODS, )

39)

40Respondents. )

42)

43RECOMMENDED ORDER OF DISMISSAL

47On April 26, 2010, a hearing was held by means of video

59teleconferencing, with sites in Tallahassee and Jacksonville,

66Florida, before Lisa Shearer Nelson, a duly-appointed

73Administrative Law Judge.

76APPEARANCES

77For Petitioner: Robert Minarcin, Esquire

82Department of Business and

86Professional Regulation

88Division of Real Estate

92400 West Robinson Street, Suite N801

98Orlando, Florida 32801

101For Respondents: Fred R. Catchpole, pro se

1085449 Marcia Circle

111Jacksonville, Florida 32210

114William Woods, pro se

1182103 Herndon Street

121Dover, Florida 33527

124STATEMENT OF THE ISSUES

128The issues to be determined are whether Respondents violated

137the provisions of Section 475.624, Florida Statutes (2007), and

146Florida Administrative Code Rule 61J1-7.001, as charged in the

155Administrative Complaints, and if so, what penalty should be

164imposed?

165PRELIMINARY STATEMENT

167On October 8, 2009, the Department of Business and

176Professional Regulation, Division of Real Estate, filed separate

184Administrative Complaints (DBPR Case Nos. 2009016581 and

1912009016587, respectively) against Fred Catchpole and William

198Woods, alleging violations of Section 475.624, Florida Statutes

206(2007), and Florida Administrative Code Rule 61J1-7.001. Each

214Respondent disputed the allegations in the Administrative

221Complaints, and on December 17, 2009, the cases were forwarded to

232the Division of Administrative Hearings for assignment of an

241administrative law judge.

244Because the allegations in the Administrative Complaints

251concerned the preparation of the same appraisal report, the cases

261were consolidated, and were originally scheduled for hearing

269February 16 and 17, 2010. At the request of Respondents, the

280matter was continued and rescheduled for April 26 and 27, 2010.

291The Department moved to amend the Administrative Complaints

299because of a typographical error in Count II, and the Motion to

311Amend was granted by Order on March 10, 2010. The hearing began

323as scheduled, and at the commencement of the hearing, Petitioner

333announced that it was proceeding only on Counts I and II of the

346Amended Administrative Complaints. Petitioner's Exhibits

351numbered 1-4, and 7-8 were admitted into evidence with no

361objection. The Department submitted the testimony of James

369Courchaine. In light of the events that took place during the

380hearing, the remaining relevant procedural matters will be

388included in the Findings of Fact and Conclusions of Law below.

399FINDINGS OF FACT

4021. Petitioner is the state agency charged with the

411licensing and regulation of real estate appraisers pursuant to

420Section 20.165 and Chapters 455 and 475, Part II, Florida

430Statutes (2009).

4322. Respondent, Fred Catchpole, is a licensed real estate

441appraiser, having been issued license number RD-7674.

4483. Respondent, William E. Woods, is a registered trainee

457appraiser, issued license RI-4855. At the times relevant to

466these complaints, Mr. Woods was supervised by Respondent

474Catchpole.

4754. On October 8, 2009, the Department issued Administrative

484Complaints against both Respondents. At the heart of both

493Administrative Complaints were allegations related to an

500appraisal report allegedly prepared by Catchpole and Woods. With

509the exception of the order in which Respondents are identified,

519the allegations in paragraphs four and six of the Administrative

529Complaints are identical. Quoting from the Administrative

536Complaint in Case No. 09-6822 (DBPR Case No. 2009016581), the

546Administrative Complaint alleges the following:

5514. On or about September 25, 2007, Fred

559Catchpole (Respondent) and William Woods

564developed and communicated an appraisal

569report (Report 1) for property commonly known

576as 2250 Braxton Street, The Villages, Florida

58332162 (Subject Property), and estimated its

589value at $190,000.00. A copy of Report I is

599attached hereto and incorporated herein as

605Administrative Complaint Exhibit 1.

609* * *

6126. Respondent made the following errors and

619omissions in Report 1:

623A) Incorrect effective on the cover of the

631report, the correct date is September 25,

6382007;

639B) Incorrect effective date on in the

646Reconciliation section of the report;

651C) Incorrect effective date on the signature

658page of the Report;

662D) Incorrect Subject Property Inspection

667date on the signature page of the Report;

675E) Incorrect Comparable Sales inspection

680date on the signature page of the report; . .

690. .

6925. The Amended Administrative Complaint alleges the same

700facts, with the same dates.

7056. At hearing, it was established that there is no

715appraisal report developed or communicated that is dated

723September 25, 2007. The Report, attached to each Administrative

732Complaint and each Amended Administrative Complaint, is actually

740dated February 25, 2007.

7447. Once it was established that there was no appraisal

754report matching the dates alleged in the Administrative

762Complaint, the Department moved to dismiss the Amended

770Administrative Complaints in their entirety, with prejudice.

777CONCLUSIONS OF LAW

7808. The Division of Administrative Hearings has jurisdiction

788over the subject matter and the parties to this action in

799accordance with Sections 120.569 and 120.57(1), Florida Statutes

807(2009).

8089. These disciplinary actions by Petitioner are penal

816proceedings in which Petitioner seeks to discipline Respondents’

824licenses as real estate appraisers. Petitioner bears the burden

833of proof to demonstrate the allegations in the Amended

842Administrative Complaints by clear and convincing evidence.

849Department of Banking and Finance v. Osborne Stern & Co. , 670

860So. 2d 932 (Fla. 1996); Ferris v. Turlington , 510 So. 2d 292

872(Fla. 1987).

87410. Once it was established that there was no appraisal

884report developed or communicated on the date identified in the

894Amended Administrative Complaints, the Department elected not to

902present any further evidence. Accordingly, the Department failed

910to sustain the allegations against Respondents by clear and

919convincing evidence.

921RECOMMENDATION

922Upon consideration of the facts found and conclusions of law

932reached, it is

935RECOMMENDED:

936That the Florida Real Estate Appraiser's Board enter Final

945Orders with respect to each Respondent dismissing the Amended

954Administrative Complaints in their entirety.

959DONE AND ENTERED this 27th day of April, 2010, in

969Tallahassee, Leon County, Florida.

973S

974LISA SHEARER NELSON

977Administrative Law Judge

980Division of Administrative Hearings

984The DeSoto Building

9871230 Apalachee Parkway

990Tallahassee, Florida 32399-3060

993(850) 488-9675

995Fax Filing (850) 921-6847

999www.doah.state.fl.us

1000Filed with the Clerk of the

1006Division of Administrative Hearings

1010this 27th day of April, 2010.

1016COPIES FURNISHED:

1018Robert Minarcin, Esquire

1021Department of Business and

1025Professional Regulation

1027400 West Robinson Street, Suite N801

1033Orlando, Florida 32801-1757

1036Fred Catchpole

10385449 Marcia Circle

1041Jacksonville, Florida 32210

1044William Woods

10462103 Herndon Street

1049Dover, Florida 33527

1052Reginald Dixon, General Counsel

1056Department of Business and

1060Professional Regulation

1062Northwood Centre

10641940 North Monroe Street

1068Tallahassee, Florida 32399-0792

1071Thomas W. O'Bryant, Jr., Director

1076Division of Real Estate

1080Department of Business and

1084Professional Regulation

1086400 West Robinson Street, Suite N801

1092Orlando, Florida 32801-1757

1095NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

1101All parties have the right to submit written exceptions within

111115 days from the date of this recommended order. Any exceptions to

1123this recommended order should be filed with the agency that will

1134issue the final order in this case.

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PDF
Date
Proceedings
PDF:
Date: 04/27/2010
Proceedings: Recommended Order
PDF:
Date: 04/27/2010
Proceedings: Recommended Order of Dismissal (hearing held April 26, 2010). CASE CLOSED.
PDF:
Date: 04/27/2010
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
Date: 04/26/2010
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 04/23/2010
Proceedings: Response to Petitioners Motion to Quash filed.
PDF:
Date: 04/23/2010
Proceedings: Motion to Quash Subpoena and for Protection Order filed.
PDF:
Date: 04/23/2010
Proceedings: Request for Consideration of Appropriate Sanction filed.
PDF:
Date: 04/19/2010
Proceedings: Respondents Consolidated Exhibits List (exhibits not available for viewing) filed.
PDF:
Date: 03/10/2010
Proceedings: Order Granting Motion to Amend Administrative Complaint
PDF:
Date: 02/22/2010
Proceedings: Motion to Amend Administrative Complaint filed.
PDF:
Date: 02/15/2010
Proceedings: Order Re-scheduling Hearing by Video Teleconference (hearing set for April 26 and 27, 2010; 9:30 a.m.; Jacksonville and Tallahassee, FL).
PDF:
Date: 02/11/2010
Proceedings: Joint Response to the Division of Administrative Hearings Order Granting Continuance filed.
PDF:
Date: 02/10/2010
Proceedings: Order Granting Continuance (parties to advise status by February 22, 2010).
PDF:
Date: 02/09/2010
Proceedings: Emergency Motion to Change Hearing Date/Continuance for Case # 09-6822PL filed.
PDF:
Date: 02/08/2010
Proceedings: Petitioner's Exhibit List (exhibits not available for viewing) filed.
PDF:
Date: 02/08/2010
Proceedings: Notice of Filing .
PDF:
Date: 02/08/2010
Proceedings: Respondent's Pre-hearing Stipulation filed.
PDF:
Date: 02/08/2010
Proceedings: Request for Discovery #2 filed.
PDF:
Date: 02/04/2010
Proceedings: Petitioner's Pre-hearing Stipulation filed.
PDF:
Date: 02/01/2010
Proceedings: Request for Discovery and Request for Subpoena filed.
PDF:
Date: 01/29/2010
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 01/27/2010
Proceedings: Petitioner's Objection to Respondent's Motion to Change Hearing Date/Continuance for Case # 09-6822PL filed.
PDF:
Date: 01/25/2010
Proceedings: Motion to Change Hearing Date/Continuance for Case #09-6822PL filed.
PDF:
Date: 01/25/2010
Proceedings: Response to Petitioner's Motion to Change Hearing Date/Continuance for Case #09-6822PL filed.
PDF:
Date: 01/25/2010
Proceedings: Notice of Official Recognition filed.
PDF:
Date: 01/19/2010
Proceedings: Order Denying Request for Writ of Mandamus.
PDF:
Date: 01/19/2010
Proceedings: Response to Petitioner's Motion to Dismiss for Extraordinary Relief in The Nature of A Writ of Mandamus filed.
PDF:
Date: 01/15/2010
Proceedings: Order Re-scheduling Hearing (hearing set for February 15 and 16, 2010; 1:00 p.m.; Jacksonville, FL).
PDF:
Date: 01/15/2010
Proceedings: Motion to Dismiss Respondent's Petition for Extraordinary Relief in The Nature of A Writ of Mandamus filed.
PDF:
Date: 01/14/2010
Proceedings: Petition for Extraordinary Relief in The Nature of A Writ of Mandamus filed.
PDF:
Date: 01/11/2010
Proceedings: Motion to Reset Formal Hearing filed.
PDF:
Date: 01/07/2010
Proceedings: Notice of Hearing (hearing set for February 16 and 17, 2010; 1:00 p.m. p.m.; Jacksonville, FL).
PDF:
Date: 01/07/2010
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/07/2010
Proceedings: Order of Consolidation (DOAH Case Nos. 09-6822PL, 09-6824PL).
PDF:
Date: 12/28/2009
Proceedings: Respondent's Response to Initial Order filed.
PDF:
Date: 12/17/2009
Proceedings: Initial Order.
PDF:
Date: 12/17/2009
Proceedings: Administrative Complaint filed.
PDF:
Date: 12/17/2009
Proceedings: Election of Rights filed.
PDF:
Date: 12/17/2009
Proceedings: Agency referral filed.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
12/17/2009
Date Assignment:
01/04/2010
Last Docket Entry:
04/27/2010
Location:
Jacksonville, Florida
District:
Northern
Agency:
Department of Business and Professional Regulation
Suffix:
PL
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (4):

Related Florida Rule(s) (1):