STATE OF FLORIDA tl ps “EA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION. lay /o ms FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, Petitioner, v. i, NO. 2000-80980 NP JOHN SCHMALE, O| -)w L Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against John Schmale (“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 RD0003294 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license issued to Respondent was as a state certified residential real estate appraiser at 46800 Deep Woods Road, Paisley, Florida 32767. FDBPR v. John Schmale : Case No. 200080980 Administrative Complaint “4. Respondent was at all timiés material hereto a state registered assistant appraiser under the supervision of Bob Swiger, RD0002880, state certified residential real estate appraiser. 5. On or about January 26, 2000, Respondent, as the state registered assistant appraiser, prepared an appraisal report (“report”) for property located at 2324 Alice Avenue, Eustis, Florida (“subject property’). A copy of the report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. ; allegedly sold. The report contained the following errors: The report listed the dimensions of the subject property as 87 x 189 for Haselton Heights Lot 48 ORB 626 Pg. 711. The 1996 Win2Data 2000 database sheet submitted by Respondent provided the dimensions for the subject property as 87 x 130. . The Respondent stated that the 87 x 189 dimensions were actually for two lots: Lot | 48, in addition to, Haselton Heights Lot 41 ORB 665 Pg. 1784. The report failed to disclose that the listed dimensions were for two parcels. The real estate taxes included the assessment for both parcels. . Comparable sale #2 of the report listed a conventional sale in 7/99. The ‘public records did not confirm and the Respondent admitted that the property did not sell on said date. The photograph of £ Comparable sale #2 does not belong to the property that . Comparable sale #1 hada pool and the e report did not list a pool or an adjustment for the pool. The r report listed that the verification source was “County Records/Experian 2 : is i E & i E E i FDBPR v. John Schmale Case No. 200080980 Administrative Complaint and Drive By Inspection.” The public records disclosed a pool while the 1996 Win2Data 2000 database sheet did not disclose a pool. The Respondent knew or should have known to verify based upon the conflicting data if all sources were actually relied upon by the Respondent. 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) of the Florida Statutes. COUNT II Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal or other provision of the Uniform Standards of Professional Appraisal Practice in violation of Section 475.624(14) of the 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 3 FDBPR v. John Schmale Case No. 200080980 Administrative Complaint education courses; publication, or any combination of the foregoing which may apply. See Section 475.624 of the Florida Statutes and Fla. Admin. Code R. 61J1-8.002. 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 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 § 455.227, Fla. Stat. (1999) and Fla. Admin. Code R. 61J1-8.002. SIGNED this G° day or _L//tae 4 , 2001. ee rE re oR ore Widen prin, ancthn aed Sreguvbe fre | _ Florida Department of Business and Professional Regulation By: "Director, Division of Real Estate 3ht FDBPR v. John Schmale Case No. 200080980 Administrative Complaint ATTORNEY FOR PETITIONER Sunia Y. Marsh AM Fla. Bar No. 00688 FDBPR-Division of Real Estate Legal Section 400 W. Robinson Street, N308A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: EC/MC/CW 3/01 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. APPRAISAL OF REAL PROPERTY LOCATED AT: 2324 ance Ave 3 ORS 626 Pg Ti FL 32725 Haselton Haignts 4 78.000 Citys Sigte Mortac. Jonn kK Seam. Pracominant aecupancy syst tn. tine makelagn NEIGHBORHOOD i nave considered retevant compet! Goel of the preval i enngs in (he pedormance of Uis apprae fe9orted In fon Ita an addendum grevicing rel The Marxaiug time appears mation tor 2UD3 (1 3: total aumcer at mMsN samen and 87 x 139 of tig Home Owners” Asse Aporowmate total Tyosical For Area fa ae a None Noted ot § Type (0 Qasign Existing Proposed = Existing ‘wind age (Ys) Eitestiva meet Sump Puma Oampnass ROOMS of legal noncank Spasa Nona tMoted None Noted EVE 3. Ploase _| Eusas 1940 31 County Road iSA tain | 2 73.500 3 Records/Exoerian County Pecords: Experian 2) Insoection Orie dv Inspection SSCP non =t}5 Achust | Convent.cnai Conventional Siosec Closag 1093 Averace Foes Average 1Siocy 29 Ef. 3 1,500 1,730. Good HTP Typical tems a : 2-Gar..1-Carport +3.C00 | 2-Gar: +4. 560 3 Porch +2,000 | Ene. Parca, 1,000 None Nona Chain Fence None 2 500 | Nore . Std. + Sid. Kitchen #500 270 Met 7.0 Gross _13.0 13 raz0| Currenny Under Contract va ia & fis fisiad Galow 1 tes Pepe Z EAL PROPERTY THATIS Te OF THIS RESORT; FO BE HIS REPCAT, AS OF 81,600. a < Scnmatd Bob Swiger Wine Jen Januacy 30, 2 Loy, Appraiser Ou tty FO_G002380 wife by aba ninde, inc — 1-3 a erin Supplemental Addendum Ssttawec’. Foyo Todd naught Propemy Address 2324 Alice Avenue Sity Eustis Phy ake State_ FE banger Citrus State Mortcage RE: Digital Signatures This Office uses digital signatures and photographs that meet the requirements of the Uniforms Siancarcts of Professional Appraisal Practice (USPAP). Standard #8 of USPAP details the Appraisal Standards Board's opinion regarding the use of digital signatures. electronic transmission, and digital photos meets and exceeds all of the points addressed in Standard #8. The software program used to generate this appraisal report contains a digital signature security featura whicn utilizes personal passwords to protect digital signatures. Each appraiser has sole personalized control of affixing his digital signature to a report. The appraisal report can not be modified without the permission of every appraiser who has signed the sapon. Electronically aifixing a signature to a report carries the same level of authenticity and responsibility as an ink signature ona paper copy. Faia £450 — “TOTAL 2900 for Windows” appraisai sultware by 2 la muce, ine, — 1-300-ALAMODS i i ~ COMPLAINT yr Plat Map a Fi Citrus State Moriqaga a be, \ ON S 2 t Subject 4 Alice Avenue { \ J aX th “ t ba F 20 z OPEN POR as OPEN POR 342 SCR PORC PAGE Qa