OX U9 | PL cy . STATE OF FLORIDA poe, DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION} FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & “3 ho PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. CASE NO. 2007006618 MIGUEL A. MURCIANO, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Reai Estate ("Petitioner") files this Administrative Complaint against Miguel A. Murciano (“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 tules promulgated thereunder. 2. Respondent is currently a Florida state certified residential real estate appraiser having been issued license 4946 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 12732 SW 91" Street, Miami, Florida 33186. 4. On or about January 27, 2006, Respondent developed and communicated an appraisal FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint - report (Report) on property commonly known as 7150 S. W. Sth Street, Miami, Florida 33144 (Subject Property). A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. The Report contains an “Appraisal Update and/or Completion Report” form certifying that “improvements” (to the Subject Property) have been completed in accordance with the requirements and conditions stated in the original appraisal report . The form further states, “The subject property has been ready per plans and specifications.” There are no requirements or conditions relating to improvements stated in the Report, nor any disclosure in the Report of any work in progress to the Subject Property requiring a certification of completion. Respondent failed to keep and maintain in the Subject Property work file any plans or specifications supporting any work in progress to the Subject Property as of the effective date of the Report. The certification of completion lists an inspection date of February 13, 2006, and is signed by the Respondent using Respondent’s digital signature. 6.. The Complainant/buyer of the Subject Property, Gustavo Ceballos (Complainant) alleged in his complaint that Respondent failed to exercise reasonable diligence by not researching and/or disclosing Dade County code enforcement records showing an active citation for the Subject Property for code violations. Complainant also alleged that Respondent incorrectly listed the room count and number of units for the Subject Property. 7. Through investigati on, Petitioner obtained the work file of Dade County. Code Enforcement Officer Maria Lugo (Lugo) reference code violations existing on the Subject Property since July 2005. A copy of Lugo’s code enforcement work file is attached hereto and incorporated FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint herein as Administrative Complaint Exhibit 2. 8. The violations noted.in Administrative Complaint Exhibit 2 involve un-permitted additions, including four bathrooms, a rear addition, 2 extra sinks, a metal awning on the rear of the Subject Property, a rear concrete slab, and a driveway encroaching on the west side of the Subject Property into the setback. 9. While code enforcement efforts including posting the Subject Property and mailing notice to the owner were initially directed at previous owners of the Subject Property, ultimately the - Complainant bore responsibility for remedying the code violations that Respondent failed to disclose in the Report. 10. The Report stated that the Subject Property was a single family residence and further listed the zoning classification as R-1. In fact, the Subject Property was illegally subdivided to contain separate rental units with separate entrances, but using one street address, mailbox, and power connection to public utilities. 11. While the drawing contained in Administrative Complaint Exhibit 2 accurately reflects the subdivision of the Subject Property existing prior to the effective date of the Report, the drawing prepared by Respondent and contained in the Report is grossly inaccurate. 12. A review of the source documents Respondent maintained in the Subject Property work file and provided to Petitioner upon request shows discrepancies between the supporting documentation and what Respondent reported in the sales grid on page two of the Report as follows: A) The A+ Appraisal Services printout as to Comparable Sale 1, a copy of which is attached hereto and incorporated herein as Administrative Complaint Exhibit 3, shows the number of FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint bedrooms and baths to have been changed by hand from 3/1 to 4/3 to conform to an MLS listing page, but the square footage is shown in the work file as 1,369 and not the 1496 square feet disclosed _ in the Report; B) The A+ Appraisal Services printout as to Comparable Sale 2, a copy of which is attached hereto and incorporated herein as Administrative Complaint Exhibit 4, shows1,723 square feet and “not 1,978 square feet as disclosed in the Report; C) The A+ Appraisal Services printout as to Comparable Sale 3, a copy of which is attached hereto and incorporated herein as Administrative Complaint Exhibit 5 shows the number of bedrooms and bathrooms to have been changed by hand to conform to an MLS listing page, but 1,332 square feet is shown in the documentation versus the 2,000 square feet disclosed in the Report; 13. Based on the incorrect square footage, Respondent adjusted the Comparable Sales incorrectly, thereby affecting the valuation of the Subject Property. 14. Respondent stated in the Report that he did analyze the sales contract but indicated under the date of the contract, “No Provided” (sic). 15. Respondent also failed. to disclose on page one of the Report the data sources relied upon in preparing the Report, although Respondent did note on page two of the Report “ISC NET” as the source of information on prior sales of the Subject Property and Comparables. COUNT I Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards Rule 1-1(a), (b), and (c), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) in violation of Section FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint 475.624(14), Florida Statutes. COUNT I Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards Rule 2-1(a), or other provision of the Uniform Standards of Professional Appraisal Practice (2005) 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. COUNT IV Based upon the foregoing, Respondent is guilty of failure to retain records for at least five years of any contracts engaging the appraiser’s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports in violation of Section 475.629, Florida Statutes, and, therefore, in violation of Section 475.624(4), 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 FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint 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 6131-8.002, 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; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or certificate holder to coniplete 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 61J1-8.002. IN ai paar, ~ “ERECTION E of Profas Division af F Florida Department of Business Professional Regulation Thomas O’Bryant, Jr. Director Division of Real Estate 6 FDBPR v. Miguel A. Murciano Case No. 2007006618 Administrative Complaint ATTORNEY FOR PETITIONER D. C. Lindamood, Senior Attorney Fla. Bar No. 273694 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX PCP: MR/PB 11/07 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. File No. JLP 7150) Page #4: [Frou Appraisals of Sauth Flarida, tn 10621 N. Kendall Drive, Suite 206 Miami, FL 33176 Telephone Number: (305) 595-3304 Fax Number: (305) 595-3454 TO: Internal Order 4: ALP 7150 Lillian Wilson Lender Case #; Coast to Coast Morigage Brokerage,Inc Cllent File #: 4801 S. University Drive, Suite 225 Davie, Fl. 33328 Malo File #oniorm: = JLP 7150 Olher File # on farm: Telephone Humber: (954) 689-4844 Fox Number: (954) 689-4847 Federal Tax ID: 65-0597140 Alternate Number: (786) 252-4665 EMail: Employer ID: Lender: Coast (o Coast Morigage Brokerage,tnc Purchaser/Borrawer, Gustavo Ceballos Property Address: 7150 SW Sih Street Clty: Miami Caunty: Miami-Dade State: FL. Zip: 33144-2709 Legal Description: Tamlam! Gardens PB 48-19 Lot 14 Blk 5 Client: Coast to Coast Mortgage Brokerage, Inc Futt Appraisal Final Inspection { 442) SUBTOTAL Oate: Description: Cheek #: Date: Deseriptioi Check #: Date: Description: ADMINISTRATIVE COMPLAINT SUBTOTAL TOTAL DUE Form NIVS — “WinTOTAL" appraisal software by a fa made, inc. — 1-800-ALAMODE Appratsals of South Florida, tne, (205) 595-3304 Appraisals of South Florida, inc (308) 595-3304 APPRAISAL OF REAL PROPERTY LOCATED AT: 7150 SW Sth Sireat Tamiami Gardens PB 48-19 Lat 14 Blk 5 Miami, Ft. 33144-2709 FOR: Coast to Coast Mortgage Brokerage,|nc 4801 S. University Orive, Suite 225 Davie, Fl. 33328 AS OF: January 27, 2006 BY: Mike Murciano, St. Cert. Res, REA ADMINISTRATIVE COMPLAINT EXHISIT # Form GAS — “WinTOTAL’ appraisal suftware ty 2 la mode, Inc. — 1-B00-ALAMODE Appraisals of South Florida, Ine. (305) 595 -9304 File No. LP 7150] Pane #3 Summary Appraisal Report Uniform Residential Appraisal Report File# JLP 7150 ‘The purpose of this summary appraisal report is to provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject Property, Property Address 7150 SW 5th Street City Miami Stats FL Zip Gude 33144-2709 Borrower Gustave Ceballos Owner of Public Record Jorge L. Vazquez County Miami-Dade Legal Description Tamiami Gardens PB 48-19 Lot 14 Blk 5 Asseasar’s Parcel #_01-4002-005-1030 Tax Year_ 2005 RE, Taxes $3,547.58 5 Neighbarhoad Name_ Tamiami Gardens Map Relerence T-54 R40 S-02 Census Tract 0058.02 4 Occupant fx) Owner (| Tenant [~] Vacant Special Assessments S_ N/A [JPuo HONS o.00 {J peryear (] per month f=} Property Rights Appraised (x) Fee Simpla (_| Leasehold ] Other (describe) big Assignment Type {] Purchase Transaction [—] Refinance Transaction [_] Olher (descritve) LendeyGlient Coast to Coast Morigage Brokerage,Inc Address 4801S. University Drive, Suite 225, Davie, FL 33328 Js the subject property currently offered for sale or has itbeen affered for sale in the twelve months prior to the effective date of this appralsal? 5} Yes Na Report data source(s) usetl, oftaring price(s}, and date(s}. The subject property has a prior sale an July, 2005 for $349,000 { &X} did (7) cid not analyze the contract for sale for the Subject purchase fransactian, Expiatn the results of the analysis of tha contract for sale ar why the analysis was not performed. The subject property is under contract for $395,000, financial assistance noted, is] & Gontract Price $ 395,000 Date of Cantact_ No Provided _Is the proparty seller the owner of public record? GQ Yes []No Data Source(s) Public Records Fa |s there any financtal assistance (loan charges, sale concessians, jift or downpayment assistance, ele.) to be pald by any party an behalf of the honower? Gd ves (oT No S| WYes, repart the total dallar amount and dascribe the items to be pald. 4% seller contribution for closing cost and pre-paids, Note: Race and the racial composition of the neighborhood are not appralsal factors, i BUNOREI Se a chING [ahiborhioad chirauttisticat Bails One Un CROGaMaT Ten Hoses AROS UMHS ORS RACeaenL Cane Usk Location {%} Urban Suburban Rural Proparty Values [) increasing ["} Stabte Declining PRICE AGE | One-Unit 95 %| Fey Built-Lp (4) Over 75% [} 25-75% Under 25% |Demand/Supply {"] Shortage 4] tn Balance { Over Supply | $ (000) (yts)__| 2-4 Unit % Fe} Growth Rapid Stable Stow Markating Tire Under 3 mnths (_} 3-6 mnths Over Gmths | 235 Low a | Mulli-Family % Fa Nelghbottood Houndarles The subject is bound to the Narth by West Flagler Street, to the Soulh by SW. 425 High 65 | Commercial Ex} FY 8th Street, to the East by SW 67th Avenue, and fo the West by SW 72nd Avenue, 390's Pred. 55 | Other % fq Neighborhood Oescdlption “The subject is located In an established residential neighborhood consisting of 1 stary ranch style homes similar to the uy subject in age, size and appeal. The subject neighborhood provides a goad environment for the house belng appraised. ‘There are no faciors thal will negatively affect the marketability of (he subject property. Employment stability and convenience are reasonable, Market Conditlans (icluding support forthe above conclusions). The sublect is Ina market place in which residential praperties simi jar to the subject fake Spproximately 3 months (o sell. Demand and Supply are in balance wilh a stable qrewth rate. These figures were ablained fram the aj jpraisers observation af the marketing time for listings and sates within the immediate area and the ratio of the number of listings to sales. Dimensions No Survey Provided Atwt_6,000 Sq.Ft. Shape_Rectanguiar View Residential Specific Zoning Classitication R-1 Zoning Description Single Family Residential Zoning Compliance (x) Legal {_) Legal Noncontorming (Grandfathered Use} (_.] No Zoning (| illegal (describe {s the highest and best use of subject property as Improved (or as proposed per plans and specifications) the present «se? [x] Yes No. it No, descrite Utilities Publte Other (describa) Public Othar (dascritio) Oli-site Improvements - Type Public Private ey Elactrictty