wi a, LR-183 PL Fy STATE OF FLORIDA — fd ks, DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION wd FLORIDA REAL ESTATE APPRAISAL BOARD ‘4 Fiy 9 . 5 FLORIDA DEPARTMENT OF BUSINESS & d PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. CASE NO. 2000-82139 , _ 2000-82140 FELIPE J. GONZALEZ-SARRAIN AND HELEN TETELBAUM, Respondents. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Felipe J. Gonzalez-Sarrain and Helen Tetelbaum (“Respondents”), 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 Felipe Gonzalez-Sarrain is currently a Florida state-certified residential real estate appraiser having been 1 issued license RD00007 cordance with Chapter 475 Part Il of ) Respondent was as a ‘State-certified the Florida Statutes. The last t license the 3° State issued ona penne residential real estate appraiser at 2400 SW 83 Avenue, Miami, Florida 33155. er pees sean pe: cree ks i) hii. kee FDBPR v. Felipe Gonzalez-Sarrain Case No. 200082139 Administrative Complaint : 3. Respondent Helen Tetelbaum is currently a Florida state-registered assistant real estate appraiser having been issued license RI0006077 in accordance with Chapter 475 Part II of the Florida Statutes. The last license the State issued to Respondent was as a state-registered assistant real estate appraiser at 4419 West Park Road, Hollywood, Florida 33021. 4. Respondents developed and delivered an appraisal report (Report) dated effective as of May 22, 2000, for the property commonly known as 1980 NE 123 Street, North Miami, Florida. 5. In the Report, Respondents failed to disclose that the subject property abuts an alley, which adjoins multi-family housing. 6. Respondents failed to disclose and adj ust for a pool as to comparable number two. 7. Respondents failed to explain lack of adjustment for superior site as to comparable number three. 8. Respondents failed to disclose that and/or adjust for comparable number three’s superior location. 9. Respondent Gonzalez-Serrain stated and certified, in the appraisal report, that he had personally inspected the subj ect property. In contrast, in a letter of response to Petitioner’s investigation in the instant case, Respondent admits that he did not personally inspect the property. 10. Respondents failed to identify the type of report on a prominent place on the report. COUNT I Based upon the foregoing, Respondent Feli Gonzalez-Sarrain 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 2 — — cad peer ree FDBPR v. Felipe Gonzalez-Sarrain Case No. 200082139 Administrative Complaint Florida Statutes. COUNT 0 Based upon the foregoing, Respondent Felipe Gonzalez-Sarrain 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 Helen Tetelbaum 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. COUNT IV Based upon the foregoing, Respondent Helen Tetelbaum 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. 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; 3 a er FDBPR v. Felipe Gonzalez-Sarrain Case No. 200082139 Administrative Complaint : 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 61J1-8.002, 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 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_/S'_ dayof__ Sua , 2001. of Business and ation orida Dep: Professional By: Director, Division of Real Estate rocrerr FDBPR v. Felipe Gonzalez-Sarrain Case No. 200082139 Administrative Complaint ATTORNEY FOR PETITIONER Nancy Campiglia Fla. Bar No. 0164259 FDBPR-Division of Real Estate Legal Section 400 W. Robinson Street, N308A. Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: MC/PA/JEC 6/4/01 (2~ 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. i i ci a ce en em Tm mR co oe TreREET werre ae TPM BREST ee en ne re orem

Docket for Case No: 02-000183PL