D4 -3Y 73 STATE OF FLORIDA £2 G05 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION ~F py FLORIDA REAL ESTATE APPRAISAL BOARD “fh FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, ‘ Petitioner, v. CASE NO. 9983511 SERGIO A. BECERRA, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Sergio A. Becerra (“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 RD0002559 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 665 West 35" Street, Hialeah, Florida 33012. 4. On or about February 2, 1996, Respondent developed and communicated an appraisal FDBPR v. Sergio A. Becerra Case No. 9983511 Administrative Complaint Teport (Report) for the property commonly known as 28204 SW 143 Court, Homestead, Florida 33033. 5. Respondent has failed or refused to provide a copy of the working file or the Report to Petitioner. 6. On or about January 29, 2002, Respondent agreed to meet with Petitioner’s investigator. 7. Again, Respondent refused or failed to provide a copy of the Report. 8. On or about March 12, 2002, Respondent finally responded, defending the Report. 9. On page six of his response, Respondent admits that comparable number three included “security gate amenity.” 10. Respondent failed to address, in his response, why he did not adjust for the “security gate amenity” which comparable number three had and the subject property lacked. 11. The description of the neighborhood Respondent provided in the Report included only the south and east boundaries. 12. In his response at page six, Respondent states that “[s]ubject neighborhood is bounded by two major streets and undeveloped land.” 13. In the Report, Respondent incorrectly stated the folio number of the property as 30- 7903-013-1470 when, in fact, it is 30-7903-013-1490, 14. Respondent admits to the inaccuracy of the folio number on page eight of his response. 15. Respondent reported the property’s square footage, on the Description of Improvements section of the Report, as 1,196 square feet. 16. Respondent attached an addendum to the Report, depicting the floor plan and 2 FDBPR v. Sergio A. Becerra Case No. 9983511 Administrative Complaint measurements of the subject property as twenty-six by forty-six feet. 17. On page eight of his response, Respondent admits that the square footage he represented in the Report was in error. 18. On an addendum to the Report, Respondent states “All three sales are identical units in subject project. Amenities, condition, remodeling/modernization is similar.” 19. In contrast, in his response, at page six, Respondent states: “Comparable Sale three , . . is located outside of subject property. ... The characteristics of the sale 3 are similar, however the third sale . . . included a security gate amenity. The differences in the younger or superior age was adjusted downwardly in the URAR report as required.” 20. Respondent changed his business address without notifying the Department within ten business days. COUNT I 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), Florida Statutes. COUNT II 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 II Based upon the foregoing, Respondent is guilty of obstructing or hindering in any manner the enforcement of this section or the performance of any lawful duty by any person acting under 3 FDBPR v. Sergio A. Becerra Case No. 9983511 Adniinistrative Complaint the authority of this section, in violation of Section 475.626(1)(f, Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of failure to notify the Petitioner, in writing, of the current mailing address and any change in the current mailing address, within ten days after the change, in violation of Section 475.623, Florida Statutes, and, therefore, Section 475.624(2), Florida Statutes. COUNT V 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 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 4 FDBPR v. Sergio A. Becerra Case No. 9983511 Administrative Complaint 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 od day of __( Lan Z , 2002. da Department of Business and Professional Regulation By: Director, Division of Real Estate FDBPR v. Sergio A. Becerra Case No. 9983511 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/EC/LM 4/1/02 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.

Docket for Case No: 02-003493PL