STATE OF FLORIDA Pa, DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION « 7 ne, FLORIDA REAL ESTATE APPRAISAL BOARD Poe ‘ ™ FLORIDA DEPARTMENT OF BUSINESS & ae mm. PROFESSIONAL REGULATION, ar) DIVISION OF REAL ESTATE, Petitioner, v. CASE NO. 2003086578 BRYAN GREEN. - > mY 7 (5-03 TIPL Respondent. - ~ / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Bryan Green (“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 3033 in accordance with Chapter 475 Part IT of the Florida Statutes. 3. The last license the State issued to Respondent was as an inactive state certified residential real estate appraiser at 4925 Pimlico Drive, Tallahassee, Florida 32309. 4, During in and around 2002 and 2003, Respondent maintained a business relationship related to the delivery of appraisal services with Danny L. Dulgar, Jr. (Dulgar) Pr ee ep ee a 2 FDBPR v. Bryan Green Case No. 2003086578 Administrative Complaint 5. As apart of this business relationship, Respondent allowed Dulgar control over affixing the digitized image of Respondent’s signature. 6. As a result of Respondent allowing Dulgar control over affixing the digitized image of Respondent’s signature, on or about August 19, 2003, a complete summary appraisal report (Report) was developed and communicated to America’s Mortgage Broker (Client) for property commonly known as 1356 Ocala Road, Tallahassee, Florida 32304 (Subject Property). A copy of the Report is attached and incorporated herein as Administrative Complaint Exhibit 1. 7. The Report contains a digitized image of a signature that purports to be that of Kristy Adams (Adams). 8. The digitized signature is not Adams’ signature. 9. The Report contains a digitized image of a signature that purports to be that of Respondent acting in the capacity of supervisory appraiser for Adams. 10. Respondent did not develop and communicate the Report as the supervisory appraiser for Adams. 11. From on or about June 20, 2003, through on or about July 30, 2003, Dulgar was the only supervisor for Adams. 12. Respondent had a duty to the public to maintain sole personalized control over affixing the digitized image of his signature. 13. In allowing Dulgar control over affixing the digitized image of Respondent’s signature, Respondent breached his duty to the public. 14. Asa result of Respondent breaching his duty, a fraudulent appraisal was developed and FDBPR v. Bryan Green Case No. 2003086578 Administrative Complaint communicated to the Client. 15. Pursuant to an official investigation, Respondent informed Petitioner’s investigator that he was aware that Dulgar had committed violations of Chapter 475, Part U, Florida Statutes. 16. However, Respondent continued his business relationship with Dulgar despite knowing that Dulgar had allegedly committed violations of licensing law. 17. On or about June 3, 2004, the FREAB entered a final order against Respondent pursuant to a Stipulation wherein Respondent admitted to violations of Chapter 475, Part I, Florida Statutes. A copy of the final order is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent is guilty of fraud, culpable negligence, or breach of trust in any business transaction in violation of Section 475.624(2), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of aiding, assisting, or conspiring with any other person engaged in any such misconduct and in furtherance thereof in violation of Section 475.624(2), Florida Statutes. COUNT Ill Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically the Ethics Rule, or other provision of the Uniform Standards of Professional Appraisal Practice in violation of Section 475.624(14), Florida Statutes. FDBPR v. Bryan Green Case No. 2003086578 Administrative Complaint COUNT IV Based upon the foregoing, Respondent is guilty of having committed any conduct or practice set forth in Section 475.624(1), Florida Statutes, in violating Section 455.227(1)(i), Florida Statues, failing to report to the department any person who the licensee knows is in violation of Chapter 455, Chapter 475, or the rules of the department or board in violation of Section 475.626(1)(c), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of having been found guilty, for a second time, of any misconduct that warrants disciplinary action in violation of Section 475.624(10), 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 475.624, Florida Statutes and Rule 61J1-8.002, Florida Administrative Code. The penalties which FDBPR v. Bryan Green Case No. 2003086578 Administrative Complaint 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 Section 455.227, Fla. Statutes and Florida Administrative Code Rule 61J1-8.002. SIGNED this Qa day Vertrarbe) 2004. orida Department $f Business an Professional Regulation : By: FILED 7 Director, Division of Real Estate ai aaices ms ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce, Senior Attorney Fla. Bar No. 182796 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX FDBPR v. Bryan Green Case No. 2603086578 Administrative Complaint - iid D. f PCP: MM/CK 11/04 a < 19 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 SERVICE GROUP, INC. P.O.BOX 16248, TALLAHASSEE, FL 32308 SCHMELING File No, A030146D. APPRAISAL OF LOCATED AT: 1356 OCALA RD TALLAHASSEE, FL 32304 FOR: f AMERICA'S MORTGAGE BROKER 3825 HENDERSON BLVD, SUITE 400E TAMPA, FL. 33629 BORROWER: DONALD/JUDY SCHMELING AS OF: duly 11, 2003 BY: KRISTY ADAMS ST.REG.ASSIST.REA. Ri0011376 MSTRAWVE COMPLAINT ADM EXHIHiT 4) P.O. BOX 16248, TALLAHASSEE, FL. 32308 850 553-9600/850 553-9606 Exhibit______—P&P# COMPLETE APPRAISAL / SUMMARY REPORT SCHMELING SMALL RESIDENTIAL INCOME APPRAISAL REPORT 40301460 Property Address 1356 OCALA RD City TALLAHASSEE State FL Zp Code 32304 Lagat Description LOT 35, SANDY SPRINGS UNRECORDED County LEON AW) Assoseors Parcel No. 21-27-17-000-0350 Tax Year 2002 RE. Taxes $3,547 Special Asseasments $ NONE NTD id Neighborhood or Project Name. SANDY SPRINGS . Map Reference: 21-27 Census Tract 24 2 DONALDAJUDY SCHMELING. Current Owner BORROWER Occupant: |] Owner _[X| Tenant [| Vacand : FA ights appratsed Fee Simpie_|_| Leasehold Project Type |] PUD |_| Condominium HOAS. NONE Mo. xJunt. [_]rum. $ 245,000 Sales price perGBA_|$ 422.55 |$ 83.33|$ 75.001$ 63.80 Grose monthly ront__|$ 3,150 |$ 4,525 1$ 3,100|$ 3,115 (Gross mo. rent uit. (1) 468.20 165.25 | 87.10 78.65 Sales price perunit_ | $ 94,867 |$ 84,000|s 90,000] $ 81,667 Seles price perroom | $ 7,639 !$ 16,800] 15,000 |$ 13,613 Data andior INSPECTION PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS Verification Sources _|PUB.RECORDS | MULTIPLE LISTING SERVICE [MULTIPLE LISTING SERVICE | MULTIPLE LISTING SERVICE ADJUSTMENTS DESCRIPTION DESCRIPTION 1 + Q)$ Adjustment DESCRIPTION L240) $ Adjustment DESCRIPTION L246) Adjustment Sales or fnancing CONV.FIN. : CONV.-FIN. ! CASH f -0-| concessions TYP.FINAN. i TYP.FINAN. it NONE NOTED _| i Date of saleftime 07/2001 t -0- [02/2002 f -0-| 09/2001 i -0- Location AVG-GOOD AVG-GOOD t AVG-GOOD i AVG-GOOD ' Leasehold/Fee Simpie_ | FEE SIMPLE FEE SIMPLE t {FEE SIMPLE! FEE SIMPLE! Site AVG. TRIPLX.LOT [AVG.TRIPLXLT | JAVG.TRIPLX.LT_| AVG.TRIPLX.LT_} El View AVERAGE RESID. |AVG. RESID ‘ AVG. RESID it AVG. RESID { 4 Be Design and appeal | TRIPLEWAVG. TRIPLEXIAVG. | TRIPLEXAVG. i TRIPLEXIAVG. _! Fed Qual of consiction it GOOD i Goon i 1 Ed Ace 21 YEARS. L 6,500|8 YEARS : 9 YEARS H 500 FA Condition Te ‘ GOOD j Good ' | FA Gross Bulding Area 3,024 Sq fi 0 3,600 SoA.) -§,000 3,840 Sq.ft} -7,400 < 10 Rm. court wo! Ne |__Ar,cout_1 np! Neff cout wo} Fs pa_|*i levy toe | oe] ea__|YO! lava] ta_[me| oe |¥**i $59 Unit 1F1H/ 0} 9500/1] 6 14] 3Fl0) +16 |4|_ 3F10! Br breakdown 4FAH|0! 95001] 6 [4] 3F| 0: 116 |4| 3F}0: z 4FIH|O: 9,500\1[ 6 [4] 3Fi0: te 14) 3F|0; ° { 0} [| 0} i ‘ 0} . Basement desciption [NO BASEMENT _|NO BASEMENT + NO BASEMENT | NO BASEMENT _! _ Functional ult AVERAGE AVERAGE i AVERAGE { ~ [AVERAGE i - Heating/cooling CENTRAL CENTRAL H CENTRAL H CENTRAL i a Parking on/off site OPEN PKNG. OPEN PKNG. _! OPEN PKNG.__! OPEN PKNG. | _ Project amenities and | PORCHES EQUAL VALUE ; EQUAL VALUE } EQUAL VALUE | fee (if appiicable) ~ H H H _ Net Adj. (tal) _ : : Ls 35,000/[] + A 5,000|[] + __s 6,900 Adj. sales price of cross: 13.9% cus: 1.9% Gros: 3.2% comparables we 13.0% _s 287,000 |wa_-1.9% __s___265,000 ]a_-2,8% __s 238,100 Comments on Sales Comparison (including reconciliation of all indicators of value as to consistency ‘and relalive strength and evaluation of the typical investors/purchaser's motivation in that market): SEE ATTACHED ADDENDUM. _ _—_—_ TEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 _ Date, Price and Data | 05/2002 NONE NOTED NONE NOTED NONE NOTED Source for priorsaies. | $245,000 NIA NIA NIA wih yoar of epprasal__|PUB.RECORDS __| PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS _ ‘Analysis of any current agreement of sale, option, or listing of the subject property tand analysis of any prior sales of subject and comparables within one year of the date of appraisal: SEE ATTACHED ADDENDUM _ Total gross monthly estimated rent $s _. 3,150 x gross rent multiplier (GRM) 87.00 =$ 274,050 INDICATED VALUE BY INCOME APPROACH Z Comments on income approach (including expense ratios, if available, and reconciistion of theGRM) GRM BASED UPON GRM'S OF COMPARABLE SALES __ ME ABOVE. WITH THE MOST EMPHASIS BEING. PLACED ON COMPS 2 & 3 DUE TO SIMILIARITY WITH THE SUBJECT. INDIGATED VALUE BY SALES COMPARISON APPROACH |. Loe . 278, 00C INDICATED VALUE BY INCOME APPROACH... 22... INDICATED VALUE BYCOSTAPPROACH ae eT This appraical is made {X) “asis* —_ (_] subject tothe repairs, ateations,inepecions or conditions fisted below (2 subject to completion por plans and specifications. ‘Comments and Conditions of Appraisal: INSPECTION WAS. MADE FOR APPRA!SAL PURPOSES ONLY. NO WARRANTIES IMPLIED BY _ STATEMENTS MADE HEREIN. PLEASE SEE ADDITIONAL COMMENTS AND LIMITING CONDITIONS. BM Final Reconciliation: AFTER CONSIDERING ALL APPROACHES TO VALUE, IT 1S THE OPINION OF THE APPRAISER, THE DIRECT __ 2 SALES APPROACH TO VALUE IS THE MOST VALID AND RELIABLE INDICATOR OF VALUE FOR THE SUBJECT PROPERTY, AS _ = PER LIMITING CONDITIONS AND ASSUMPTIONS LISTED IN THE REPORT. Fs} The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report, based on the above conditions and the cartification, contingent Fa] and irniting conditions, and market value definition that are staled in the allached Freddie Mac Form 439/Fannie Mae Form 10048 (Revised 410-94 } fy | (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THS REPORT, ASOF 07/1 4/2003 be (WHICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE § 275,000 . ~ APPRAISER: SUPERV! PRAISER (ONLY JF REQUIRED): BE Signature J ——— Signature Shee Pee pid {X} Did Not ayy ay Name KRISTY ADAMS Name BRYAN GREER, CREA Inspect Property CON Bi tate repdet Signed 08/19/2003 Date Report Signed 08/19/2003 _ Slate Certification # ST. REG. ASSIST, REA RIQ011376 State FL___State Certification # ST. CERT.RES.REA_#R00003033 State FL _-- Or State License ta State, Or State License # State FL reddie Mac Form 72 1034 —PACEL OF 2 ——Fannie Mae Form 1025 10-02 eo Prodan eg ACI sory 000234727 wacom or Brian Green Jee = ume __ Page a= ADDENDUM Borrower: DONALD/JUDY SCHMELING File No. A030146D Property Addrese: 1356 OCALA RD Case No. SCHMELING City, TALLAHASSEE State: Fl. Zip, 37304 Lender, AMERICA’S MORTGAGE BROKER Comments on Sales Comparison LIMITED RECENT COMPARABLE TRIPLEX SALES AVAILABLE. ALL THREE ARE CONSIDERED RELIABLE VALUE INDICATORS FOR THE SUBJECT AND PROVIDE AN ACCURATE RANGE OF VALUE. NO RECENT (WITHIN 12 MONTHS) COMPARABLE TRIPLEX SALES COULD BE FOUND WITHIN NW OR SW TALLAHASSEE ON THE TALLAHASSEE MLS SYSTEM. THE MARKET FOR MULTI-FAMILY PROPERTIES WITHIN THE SUBJECT'S NEIGHBORHOOD IS VERY STRONG, BUT RECENT COMPARABLE SALES ARE DIFFICULT TO OBTAIN INFORMATION ON DUE TO THE FACT THAT THE MAJORITY OF MULTI-FAMILY PROPERTY PURCHASERS EITHER BUY DIRECTLY FROM THE DEVELOPER OR OBTAIN THE PROPERTY UNDER OTHER THAN “ARMS-LENGTH’ CONDITIONS. Anatysis of any current agreement of sale THE 3 COMP. SALES UTILIZED WERE NOT INVOLVED IN ANY ADDTNL.SALES OR LISTINGS WITHIN THE PREVIOUS 12 MNTHS. OTHER THAN THE PURCHASE IN MAY OF 2002, THE SUBJECT PROPERTY HAS NOT BEEN INVOLVED IN ANY ADDTNL. TRANSACTIONS iN THE PAST 3 YEARS. Any additional comments SITE COMMENTS ACURRENT SURVEY WAS NOT PROVIDED. A SURVEY MAY BE NECESSARY TO DISCOVER iF ANY ENCROACHMENTS, EASEMENTS, OR VARIATIONS FROM REPORTED CONDITIONS ON THIS REPORT EXIST, IN THE LACK OF PUBLIC UTILITIES, THE USE OF SEPTIC TANKS AND WELLS ARE TYPICAL FOR THIS AREA. THERE |S NO MEASURABLE EFFECT ON MARKET VALUE. JT IS IMPORTANT TO NOTE THAT THE UNDERSIGNED HAS ONLY PERFORMED A CURSORY INSPECTION, AND DOES NOT WARRANT THE CONDITION OR ADEQUACY OF THE SUBJECT'S SYSTEM. IMPROVEMENT COMMENTS THE UNIFORM STANDARD APPRAISAL REPORT (URAR) FORM REQUIRES SPECIFIC ANSWERS THAT MAY BE BEYOND THE EXPERTISE OR CONTROL OF THE APPRAISER. ALTHOUGH THE APPRAISER HAS ATTEMPTED TO ANSWER THESE QUESTIONS, THE ANSWERS ARE BASED UPON ASSUMPTIONS THAT CERTAIN CONDITIONS EXIST. IN ALL CASES, THE REPORTED FACTS AND ASSUMPTIONS AS INDICATED ON THE URAR FORM BECOME CONDITIONS OF THE APPRAISAL. THEREFORE, IF AT A SUBSEQUENT DATE TO THE APPRAISAL INSPECTION, ASSUMED CONDITIONS ARE FOUND TO BE INACCURATE, THE APPRAISED VALUE THEN BECOMES NULL AND VOID. COST APPROACH COMMENTS THE REPRODUCTION COST NEW WAS DERIVED FROM THE GENERAL EXPERIENCE OF THE APPRAISER WITH LOCAL BUILDING AND DEVELOPMENT COSTS. CHARGES FOR PHYSICAL DETERIORATION ARE BASED ON THE SUBJECT'S ESTIMATED EFFECTIVE AGE AND TYPICAL LIFE EXPECTANCY. SITE VALUE IN THIS CASE WAS ESTABLISHED THROUGH COMPARISONS WITH APPRAISAL FILE DATA AND THE GENERAL EXPERIENCE OF THE APPRAISER. FOR THE COST APPROACH TO PRODUCE A VALID INDICATION OF MARKET VALUE, IT IS NECESSARY TO ESTIMATE THE EXTENT OF ACCRUED DEPRECIATION EVIDENT FROM ALL CASES: PHYSICAL, FUNCTIONAL, AND IDENTIFIABLE IN EITHER FORMS OR CURABLE OR NON-CURABLE LOSSES. AT THE SAME TIME, SOME FORMS OF FUNCTIONAL OR ECONOMIC OBSOLESCENCE ARE READILY IDENTIFIABLE AS EITHER FUNCTIONAL OR ECONOMIC IN NATURE. IN THESE CASES, THE MOST IMPORTANT POINT 1S TO ADDRESS THE OBSOLESCENCE OBSERVED REGARDLESS OF ITS CLASSIFICATION, SUCH THAT THE COST APPROACH PROVIDES A VALID INDICATION OF MARKET VALUE. INCOME APPROACH TO VALUE USE OF THE INCOME APPROACH IS NOT VIABLE IN THIS CASE, IN AS MUCH AS IT IS TYPICALLY NOT THE STANDARD BY WHICH HOMES ARE BOUGHT AND SOLD IN THE SUBJECT NEIGHBORHOOD. THUS, ITS NOT DEEMED A RELIABLE INDICATOR OF VALUE FOR THE SUBJECT NEIGHBORHOOD. THUS, IT IS NOT DEEMED A RELIABLE INDICATOR OF VALUE FOR THE SUBJECT PROPERTY AND HAS NOT BEEN UTILIZED. ADDITIONAL COMMENTS / CONDITIONS OF THE APPRAISAL IN THIS APPRAISAL ASSIGNMENT, THE EXISTENCE OF POTENTIALLY HAZARDOUS MATERIAL USED iN CONSTRUCTION OR MAINTENANCE OF THE BUILDING, SUCH AS THE PRESENCE OF UREA-FORMALDEHYDE FOAM INSULATION OR ASBESTOS MAY OR MAY NOT EXIST ON OR IN THE PROPERTY. THE APPRAISER, HOWEVER, IS NOT QUALIFIED TO DETECT SUCH SUBSTANCES. THE EXISTENCE OF POTENTIALLY HAZARDOUS MATERIALS, INCLUDING THE PRESENCE OF RADON GAS MAY HAVE AN EFFECT ON THE VALUE OF THE PROPERTY. IN THIS PARTICULAR ASSIGNMENT, SINCE THE UNDERSIGNED HAS NO INFORMATION TO THE CONTRARY, WE HAVE ASSUMED THAT NO HAZARDOUS MATERIALS AND/OR GASES ARE PRESENT ON OR IN THE PROPERTY. SHOULD THIS ASSUMPTION BE SUBSEQUENTLY PROVEN FALSE, THIS APPRAISAL THEN BECOMES NULL AND VOID. el yo ‘Appraiser: pp Ll VA - Supervisory Appraiser: Aespee=9 4, Qf, g Name KRISTY ADAMS Name:_BRYAN GREEN, CREA Addendum Page 1 of 2 page 2EZ Eyhibt_ ADDENDUM Borrower. DONALD/JUDY SCHMELING File No.:_ A030146D Property Address: 1356 OCALA RD Case No.. SCHMELING City: TALLAHASSEE State: FL Zip: 32304 Lender. AMERICA'S MORTGAGE BROKER THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION HAS RENDERED AN ADVISORY OPINION- THE UNIFORM RESIDENTIAL APPRAISAL REPORT (FORM 1004) 1S CONSIDERED A “SUMMARY APPRAISAL REPORT". ° DIGITAL PHOTOGRAPHY THE DIGITAL PHOTOS tN THIS REPORT HAVE NOT BEEN ALTERED iN ANY WAY. DIGITAL SIGNATURES THE SIGNATURES ON THIS APPRAISAL ARE DIGITAL SIGNATURES, WHICH ARE COMPUTER GENERATED AND PRINTED ON THE REPORT. HOWEVER TRANSMITTED, EITHER ELECTRONICALLY OR BY ORIGINAL HARD COPY DELIVERY, THE APPRAISER’S SIGNATURE IS SECURED WITH A PASSWORD WHICH ONLY THE APPRAISER HAS ACCESS TO. IF ANY MODIFICATIONS WERE MADE ON THIS APPRAISAL, THE SIGNATURE WOULD BE ELIMINATED. THE FORM OF CERTIFICATION HAS BEEN APPROVED BY THE APPRAISAL FOUNDATION, LOCATED AT 1029 VERMONT AVENUE, N.W., SUITE 900, WASHINGTON D.C., 20005-3517. THE APPRAISAL FOUNDATION IS AUTHORIZED BY CONGRESS AS THE SOURCE OF APPRAISAL STANDARDS AND APPRAISER QUALIFICATIONS. THIS APPROVAL CAN BE FOUND IN THE STATEMENT OF APPRAISAL STANDARDS NUMBER 8 (SMT-8) ON ELECTRONIC TRANSMISSIONS OF REPORTS. THIS SECTION REGARDING SIGNED CERTIFICATION READS AS FOLLOWS: ANY SOFTWARE PROGRAM USED TO ELECTRONICALLY TRANSFER A REPORT MUST PROVIDE, AT MINIMUM, A DIGITAL SIGNATURE SECURITY FEATURE FOR ALL APPRAISERS SIGNING A REPORT. THE APPRAISER(S) SHOULD ENSURE THE SIGNATURE(S) ARE PROTECTED AND THAT ONLY THE APPRAISER(S) MAINTAIN CONTROL OF THE SIGNATURE. THIS CONTROL MAY BE MAINTAINED BY PASSWORD (E.G. PIN NUMBERS), HARDWARE DEVICES (E.G. SECURE CARDS) OR OTHER MEANS. ELECTRONICALLY AFFIXING A SIGNATURE TO A REPORT CARRIES THE SAME LEVEL OF AUTHENTICITY AS AN INK SIGNATURE ON A PAPER COPY REPORT. -APPRAISAL STANDARDS BOARD, ADOPTED 07/18/95, EFFECTIVE 01/01/98 YOU SHOULD ADDRESS ANY/OR ALL QUESTIONS AND CONCERNS YOU HAVE REGARDING DIGITALLY TRANSMITTED SIGNATURES TO THE APPRAISAL FOUNDATION OR THE APPRAISAL STANDARDS BOARD. IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE AT (850) 385-5411. SCOPE OF THE APPRAISAL: THIS IS A SUMMARY APPRAISAL REPORT WHICH IS INTENDED TO COMPLY WITH THE REQUIREMENTS SET FORTH UNDER STANDARDS RULE 2-2 (B) IN THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL, PRACTICE, FOR DISCUSSIONS OF THE DATA, REASONING AND ANALYSE THAT WERE USEO IN THE APPRAISAL. PROCESS TO DEVELOP THE APPRAISER'S OPINION WITHIN THE REPORT CONCERNING THE DATA, REASONING AND ANALYSIS IS RETAINED IN THE APPRAISER'S FILE WHERE APPROPRIATE. Supervisory Appraiser: Name: BRYAN GREEN, CREA Name:_KRISTY ADAMS Addendum Page 2 of 2 5 Exnibit______—- Pa LEE Borrower. DONALD/JUDY SCHMELING File No.:_A030146D Property Address: 1356 OCALA RD Case No.: SCHMELING City: TALLAHASSEE State: FL Zip: 32304 Lender: AMERICA’S MORTGAGE BROKER FRONT VIEW OF SUBJECT PROPERTY REAR VIEW OF SUBJECT PROPERTY STREET SCENE exntn Page _ fF FLOORPLAN Borrower: DONALD/JUDY SCHMELING File No.._ A030146D Property Address: 1356 OCALA RD Case No.: SCHMELING City: TALLAHASSEE State: FL Zip: 32304 Lender: AMERICA'S MORTGAGE BROKER Bedroom Bedroom | Bedroom Bedroom 21.0' Kitchen Bedroom | kitchen Bedroom Living Room Bath Living Room Bath Living Room Bath 21.0 21.0° 21.0° Sketch by Apex IV Windows™ [~ AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Code _ Description Size Totals Breakdown Subtotals LAL iret Ploor-A 341.50] { First Floor-A T ! Firat Ploor-B 542.50 : 6.0 2 8.0 48.00 |: First Floor-c 542.50 1624.50 21.0 x 23.8 493.50 aunz Second Floor-A 493.50 First Floor-8 Second Floor-B 493.50 i 60 2 8.0 48.00 Seaond Fleor-c 493.50 1460.50 21.0 x 23.5 493.50 |! ee Porch 42.00 i | pazst rloor-c Porch 42.00 4 6.0 z 8.0 48.00 Porch 42.00 126.00 |} 21.0 x 23.5 493.50 : Second Floor-A : 21.0 x 23.5 493.50 eS Second Tloor-B 2 21.0 x 23.5 493.50 \ a Second Fioor-c i 21.0 x 23.5 493,50 TOTAL LIVABLE (rounded) 3105 |: 9 Areas Total (rounded) 3105 P.O. BOX 16248, TALLAHASSEE, FL. 32308 850 553-9600/850 553-9608 page 222 Exhidt__$___— PLAT MAP Borrower: DONALO/JUDY SCHMELING File No.;_A030146D Case No.: SCHMELING. Property Address: 1356 OCALA RD. State: Fi. Zip: 32304 City: TALLAHASSEE Lender: AMERICA'S MORTGAGE BROKER Z : 838.0295 23.49390 165.96 34 DMPLAINT P.O. BOX 16248, TALLAHASSEE, FL. 32308 850 553-9600/850 553-9606. _ 1Ge Extiibit _ — mg EAST EAR PAGE AT Vn ARAB REE Dry owen Borrower, DONALD/JUDY SCHMELING File No.:_ A030146D Property Address: 1356 OCALA RD Case No.: SCHMELING. ‘City: TALLAHASSEE State: FL Zip: 32304 Lender. AMERICA'S MORTGAGE BROKER COMPARABLE SALE #1 2440 RAMBLEWOCD COURT TALLAHASSEE COMPARABLE SALE #2 2052 DARNELL CIRCLE TALLAHASSEE COMPARABLE SALE #3 1346 HANCOCK TALLAHASSEE [22 Page —s Exhibit LOCATION MAP NN nn KEE OOEBD Borrower: DONALDNUDY SCHMELING. File No. _A030146D Case No.: SCHMELING Property Address: 1356 OCALA RD City: TALLAHASSEE State: FL Zip: 32304 Lender: AMERICA’S MORTGAGE BROKER (Corp 1 of 240 RAMBLEWOOD COURT ee ART fae Prono com Swany ' $1356 OCALA RD ; i 2 Florida State University, P.O. BOX 16248, TALLAHASSEE, FL. 32308 850 553-9600/850 553-9606 BXNIDI mca — en PaO x2 QP SCHMELING File No. A030146D DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, ihe buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto, and (5) the price represents the normal consideration for the property sold unaffected by speciat or creative financing or sales concessions" granted by anyone associated with the sale, “adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments ate necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can ba made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appralser's Judgment, STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 4. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site Is located in an identified Special Flood Hazard Area, Because the appraiser is not a surveyor, he or she makes no guarantees, express OF implied, regarding this determination. 4, The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist, Because the appraiser is not an expert in the field of ‘environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7, The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, oF alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the tender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the tender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sates, or other media. ADM! idk Freddie. Mac. Form 4396-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 Page 2 Exhiit__$__-__——— a A TA Pui biwvitee ee vBET be SE EXHIBIT 4f_ _— PAGE ake OF SCHMELING Fils No. A030146D APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 4. [have researched the subject market area and have selected a minimum of three recent sales of propertias most similar and proximate to the subject property for consideration in the sales comparison analysis and have made @ dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. Ifa significant item in a comparable property is superior to , or more favorable than, the subject property, | have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, 1 have made a positive adjustment to increase the adjusted sales price of the comparable. 2. | have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. | have not knowingly withheld any significant information from the appraisal report and { believe, to the best of my knowledge, that alt statements and information in the appraisal report are true and correct. 3. | stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and imiting conditions specified in this form. 4, \have no present or prospective interest in the property that is the subject to this report, and | have no present or prospective personal interest or bias with respect to the participants in the transaction. | did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners oF occupants of the properties in the vicinity of the subject property. 5. \have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. | was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. | did not base the appraisal report on & requested minimum valuation, a specific valuation, or the need to approve @ specific mortgage loan. 7. ‘performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appralsal Standards Board of The Appraisal Foundation and that were in piace as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. | acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate | developed is consistent with the marketing time noted in the neighborhood section of this teport, unless | have otherwise stated in the reconciliation section, 8. | have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. | further certify that | have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which | am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that | had market evidence to support them. | have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. | personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If | relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, | have named such individuals) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. | certify that any individual so named is qualified to perform the tasks, | have not authorized anyone to make a change to any Item in the report; therefore, if an unauthorized change is made to the eppraisel report, | will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: {fa supervisory appraiser signed the appraisal report, he or she certifies and agrees that: | directly supervise the appraiser who prepared the appralsal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 1358 OCALA RD, TALLAHASSEE, FL_32304 APPRAISER: SUPERVISORY APPRAISER (only If required) Signature: . Signature: \ Lin ng’. pa 22. Name: KRISTY ADAMS. Name: BRYAN GREEN, CREA Date Signed: 08/19/2003 Date Signed: 08/19/2003 State Certification #: ST. REG. ASSIST. REA, RI0011376 State Certification #: ST.CERT.RES.REA #RD0003033 or State License #: of State License #: State: FL State: FL Expiration Date of Certification or License: 11-30-2004 Expiration Date of Certification or License: 11/30/2004 [3 did {X) Did Not Inspect Property _ ST.REG.ASSIST.REA. R10011376 ST.CERT.RES.REA RD0003033 —Freddis hac Form 439 6-33 Page 2 of 2 Fannie Mae Form 10048 6-93 Jeb Bush Governor Diane Carr Secretary Office of the General Counsel Agency Clerk’s Office 4940 North Monroe Street Tallahassee, Florida 92399-2202 VOICE 850.921.0342 FAX 850.488.5761 INTERNET www.MyFlorida.com STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CERTIFICATION ES 9 |, Sarah L. Wachman, Agency Clerk and Custodian of Records, HEREBY certify the following to be true and correct as on file with the Florida Department of Business and Professional Regulation. Attached is a true and correct copy of the Final Order filed in Department of Business and Professional Regulation case numbers 2000- 83887, 2001-80960, 2001-82296, 2000-83932, page numbers 1 through 17, as maintained by the Department of Business and Professional Regulation. The attached is a regularly received and retained record of the Department of Business and Professional Regulation, Division of Real Estate vs. Bryan Green, and is received and retained in the ordinary course of business of the Florida Department of Business and Professional Regulation. As the Agency Clerk and Custodian of Records, | am the keeper of the seal and certify that the seal affixed to this document is the true seal for the Florida Department of Business and Professional Regulation. Certified this 24'" day of September 2004. Stuah K (Okehwas Sarah L. Wachman Agency Clerk Final Order No. BPR-2003-01989 Date: - FILED 7-7-6: loan 5 oe Department of Business and Professional ebion Sodas AGENCY CLERK Sarah Waghman, Agency Clerk 1c iy ms JA 21 P 210 By. Mm. aye: STATE OF FLORIDA ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, VS. CASE NO. 200083887; 200182296 200180960; 200083932 BRYAN GREEN, Respondent. / Oe FINAL ORDER _ On June 3, 2003, pursuant to Sections 120.569 and 120.57(4), Florida Statutes, the Florida Real Estate Appraisal Board heard this case upon a Stipulation. After considering this Stipulation and being fully advised in the premises, the Board ORDERS the adoption of the agreement. A copy of this Stipulation is attached hereto as Exhibit A and made a part hereof. DONE AND ORDERED this 3” day of June, 2003, in Orlando, Florida. Dn Bek. Director Division of Real Estate CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to: David Chester, Esquire, 2548 Blairstone Pines Drive, Tallahassee, Florida 32301; and a copy provided to Nancy Campiglia, Chief Attorney, Department of Business and Professional Regulation, Suite 802N, 400 West Robinson Street, Orlando, Florida 32801, this 7 day of Du | Y 2003. 0670272803 42:41 ROSE. SUNDSTROM, BENTLEY :LLP + 14873177253 NO.935 STATE OF FLORIDA ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION —¢ FLORIDA REAL ESTATE APPRAISAL BOARD 1598 JAN 9 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, , poe DIVISION OF REAL ESTATE, Petitioner, w v. DBPR Case N° 200083887 200182296 BRYAN GREEN, ; 200180960 200083932 Respondent. STIPULATION . Petitioner, Florida Department of Business and Professional Regulation, Division of Real Estate (DBPR), and Respondent, BRYAN GREEN, hereby stipulate and agree thatthe Florida Real Estate Appraisal Board (FREAB) issue a Final Order adopting and incorporating the provisions of this Stipulation as final agency action in this cause. . . STIPULATED FACTS AND CONCLUSIONS OF LAW 1. Respondent is and was, at all times material herein, a state-certified residential real estate sppraiser in the State of Florida, having been issued license number RD3033 in accordance with Chapter 475, Florida Statutes. The last license the State issued Respondent was as a state- certified residential real estate appraiser at 3384-C NE Capital Circle, Tallahassee, Florida 32308. 2 Respondent admits being subject to the provisions of Chapter 455 and 475, Florida Statutes, the rules promulgated thereto and, therefore, to the jurisdiction of DBPR and the FREAB. 3. Respondent admits that DBPR served Respondent with the Administrative : PACE _ so'd OreT «90, OF Ae osze-2te-20R:x84 , 3 baa2 8628272883 12:11 ROSE, SUNDSTROM. BENTLEY »LLP + 14873177268 NO.935 083 FOBPR v. Bryan Green DBPR Case No. 200083887 ‘ i STIPULATION Complaint, charging the Respondent with violation(s) of certain provisions of Chapters 455 or 475, Florida Statutes, and /or the rules promulgated thereto. A copy of the Administrative Complaint is attached hereto and incorporated herein. 4. Respondent admits the factual allegations contained in the Administrative Complaint and that such allegations constitute a violation(s) of the counts(s). 5. Respondent shall not in the future violate Chapters 455 or 475, Florida Statutes, or the rules promulgated thereto. ; 6. This Stipulation shall become effective immediately upon filing of the Final Order (hereinafter referred to as the “Effective Date”). All dates referenced herein shal! commence to nm . on the Effective Date. STIPULATED DISPOSITION 7. Respondent shall pay an administrative fine of $2,000 and $2,000 costs. Respondent shall pay the fine and costs by separate checks payable to the Florida Department of | Business and Professional Regulation, Division of Real Estate, within one (1) year from the Effective Date herein. 8. Respondent shall begin probation for a perlod of one (1) year from the Effective - Date herein, during which period Respondent shall provide original evidence of satisfactory completion of three (3) hours of business ethics and fifteen (15) hours of USPAP not to be used for continuing education. Respondent shall attend three FREAB general meetings from the noticed time for the duration of the meeting not to exceed five o’clock p.m., within one (1) year from the Effective Date herein. Should Respondent complete the educational requirement(s) - . "EATEY ca ‘ne Rou - par steer 4 26/82/2883 _42:it ROSE, SUNDSTROM: BENTLEY LLP > 14873177263 NO.935 bead FDBPR y, Bryan Green DBPR Case No. 200083887 STIPULATION before the conclusion of the one (1) year probation term and provides satisfactory proof thereof, probation shall terminate. The education herein is in addition to any requirements for Respondent to maintain the rcal estate appraisal license. 9. Noncompliance with the terms of this Stipulation shall result in the suspension of * Respondent’s licenses, registrations, certificates, and pérmits until Respondent submits satisfactory proof of compliance to DBPR. The suspension period shall not exceed ten (10) years. Reinstatement shall be effective as of the date DBPR reccives satisfactory proof of compliance. Reinstatement requires submission of proper forms, which may include Form 400.3 and/or Form 400.5. 10. The FREAB News and Report shall publish a summary of action of Final Order, as follows: Tallahassee: Bryan Green, state-certified residential real estate appraiser (RD3033); fined $2,000 plus costs; one yr. probation; 3 hrs. of business ethics, 15- hrs. of USPAP and attend three FREAB gencral meetings; failed to provide complete Sies to DBPR investigator and to use reasonable diligence in preparing appraisal reports. 11. The parties undexstand that this Stipulation is subject to the approval of DBPR and ofthe FREAB, and that in the event of its disapproval, it shall have no further force and effect. 12. Respondent has executed this Stipulation to avoid farther administrative action with respect to this cause. Respondent authorizes the FREAB to review and examine all DBPR investigative materials prior to or in conjunction with its consideration of this Stipulation. Further, in the event the FREAB disapproves this Stipulation, Respondent agrees that examination of any blab ose b Proc oo as . - one ~Spler en, few koe -2Te-e07x*d 5 9682/2823 , t2:4t ROSE, SUNDSTROM, BENTLEY » LLP + 14873177268 40.935 FDBPR v, Bryan Green DBPR Case No, 200083387 STIPULATION . , documents or records related thereto shall not be deemed to have unfairly prejudiced DBPR, the. FREAB or any of its members, nor shall such action disqualify any of them from farther participation in the resolution of this cause. 13. Respondent agrees that Petitioner may conduct further investigation at any time subsequent to the FREAB’s acceptance of this Stipulation, including, but not limited to, audits of the Respondent's files. Respondent further agrees that Petitioner shall have any and all rights and authority the law provides to insure Respondent’s compliance with Chapters 455 and 475, Florida Statutes, and the rules promulgated thereto. Respondent further agrees that DBPR and the FREAB may consider this Stipulation in connection with any future disciplinary proceeding. : 14. The parties understand that this Stipulation and any final order adopting and incorporating its terms shall not precude or deter DBPR or the FREAB from other disciplinary - proceedings against Respondent for acts or omissions unrelated to those eet -forth in’ the Administrative Complaint herein. 15. Respondent hereby waives all notice requirements and right to seek judicial review of to otherwise challenge or contest the validity or enforcement ofthe terms of this Stipulation and/or - . of any resulting fal order of the FREAB adopting and incorporating samme. ° 16. All parties hereto shall otherwise bear any and all attomey’s fees and costs they may bave incurred in connection with this cause, 17. | Should Respondent withdraw from or in eny Way or manner cancel, annul, alter, . repudiate, or revoke the terms of this Stipulation prior to presentation or consideration by the FREAB, Respondent agrees to waive any rights to seek attomey’s fees and costs Respondent may JE COMFLAIN] ane, "Reet Tan as Rou oaes ‘96/82/2083 12:11 ROSE, SUNDSTROM, BENTLEY: LLP > 14873177268 NO.935 FDBPR v. Bryon Green DBPK Case No. 200085887 SMPULATION . : have incurred as the result of the disciplinary proceeding up to and including the date of withdrawal from the settlement Stipulation or attempt to alter, change, annul, repudiate, or revoke the terms of this Stipulation. 18. The FRBAB has not taken prior disciplinary action against Respondent. EXECUTED this 2-day of_ ue 2003, = Green Respondent BEFORE ME the undersigned authority, this zat day of _\CLILR , 2003 personally appeared ‘4 hoa who is perso! known to me or who has produced and who swore and subscribed to the foregoing. Sy & Spills Eapies = aa, * = z= oF 5 2 Eri ecw" }+E>pROVED this __ day of 2003. x wom7is fgsF ° “tayjd st . Va HANNS C 7 Department of Business & ; Professional Regulation By: Director, Division of Real Estate NPC§k ——ne 3 7 OF baa Re AR one few : faz s—ITO- Ne: XR 0 THETA BL . r C STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGYL#TION FLORIDA REAL ESTATE APPRAISAL BOARD. ! FLORIDA DEPARTMENT OF BUSINESS & IMS Ji 2) D>. PROFESSIONAL REGULATION, “19 DIVISION OF REAL ESTATE, Petitioner, CASE NO. 200083837 200182296 200083932 200180960 v. BRYAN GREEN, Respondent. _/ ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Bryan Green (“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 RD3033 in accordance with Chapter 475 Part I of the Florida Statutes. 3. The last license the State issued to Respondent was as a state-certified residential real estate appraiser at 3384-C NE Capital Circle, Tallahassee, Florida 32308. Cc C FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 963 LASTER LANE, TALLAHASSEE, FLORIDA 4, Onor about July 22, 1999, Respondent developed and communicated an appraisal report for the property commonly known as 963 Laster Lane, Tallahassee, Florida 323 10. 5. The Report bears an effective date of July 20, 1999. 6. On the “comments” section the Report states: “No Physical, Functional, and/or Extemal Inadequacies Noted.” 7, Respondent failed or refused to disclose or adjust for the Subject Property’s proximate location to the Tallahassee Rifle and Pistol Club, a private forty-acre closed-gate firing range. 8. The Report states that comparable sale one is one block Southeast of Subject Property when, in fact, it is located across the street from Subject Property. 9. The Report states that comparable sale two is one mile west of Subject Property, in fact, it is three miles from Subject Property. 10. The reported gross living information differs significantly between the public records and the Multiple Listing Service for each comparable sale. 11. Respondent failed or refused to explain, in the report, the conflict between the two data sources regarding the gross living information. 12. Respondent failed to disclose or adjust comparable sale two for an abutting, publicly maintained, paved street, when the Subject Property and the other comparable sales abut sand streets with private maintenance. 13. Respondent failed to report or adjust comparable sale three for a twenty-four by forty- FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint two foot workshop which the MLS reports and was visible upon inspection. 14. The Report, included photographs. 15. Ina letter dated October 13, 2000, Petitioner’s investigator requested that Respondent submit a copy of his entire workfile. 16. On or about November 5, 2000, Respondent gave Petitioner’s investigator a copy a workfile, which contained two letters to Petitioner’s investigator and a copy of the Report, without photographs. 17. Respondent’s workfile failed to contain data sufficient to support the data and conclusions in the Report. COUNT I Based upon the foregoing, Respondent is guilty of fraud, culpable negligence or breach of trust in a business transaction in violation of Section 475.624(2), Florida Statutes. COUNT 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. ADMINIETRATIVE COMPLAINT. EXHIBIT # pace 4/ oF 10 C3 © FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 313 SOUTH KATHERINE AVENUE, PANAMA CITY, FLORIDA 18. Petitioner realleges and incorporates paragraphs one (1) through three (3) above. 19. On or about October 21, 1999, Respondent developed an appraisal report for the property commonly known as 313 S. Katherine Avenue, Panama City, Florida 32404. 20. Atall times material herein, Respondent has admitted that the signature on the Report is not his. 21. Atno time material herein, has Respondent denied having developed the Report. 22. At all times material, Respondent has admitted that he knew that the practice in his appraisal office was that another employee could sign the Report. 23. Petitioner’s investigator requested a copy of Respondent’s workfile on or about July 10, 2001. 24. Respondent failed or refused to provide the workfile until on or about October 10, 2001, approximately three months after the request for production. 25. The workfile Respondent provided Petitioner’s investigator was incomplete. 26. At minimum, the workfile lacked the pictures of the comparables that Respondent provided with the Report. . . 27. On the Report, Respondent a. failed ‘or refused to properly describe extemal obsolescence affecting subject property; such as City of Callaway public works garage, immediately adjacent to the property, b. understated the distance between subject and comparable properties; 11 7 Cc. FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint c. failed or refused to adjust for the lack of external obsolescence affecting comparables; d. utilized the recording date for the date of sale for comparables; e. incorrectly reported that comparable two is waterfront, and f. failed or refused to adjust for a two-car carport in comparable three. COUNT IV Based upon the foregoing, Respondent has violated standards 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 V 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 VI Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in violation of Section 475,624(2), Florida Statutes. ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 3380 BEN STOUTAMIRE ROAD, TALLAHASSEE, FLORIDA 28. Petitioner realleges and incorporates paragraphs one (1) through three (3) above. 29. On or about October 10, 1999, Respondent developed and communicated an appraisal report for the property commonly known as 3380 Ben Stoutamire Road, Tallahassee, Florida 32310. 30. Pursuant to an official investigation, Petitioner requested a copy of the report as a C: FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint Respondent communicated it to the client. 31. Pursuant to an official investigation, Petitioner requested a copy of Respondent’s workfile for the appraisal. 32. Respondent has failed or refused to provide Petitioner a copy of the report and workfile. 33. Respondent failed or refused to maintain a copy of the appraisal report, as he communicated it to the client, and of the workfile. COUNT Vi Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.624(2), Florida Statutes. COUNT VII 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 IX Based upon the foregoing, Respondent is guilty of failing to retain, for at least five years, original or true copies 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. FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 1976 CROOMS ROAD, COTTONDALE, FLORIDA 34, Petitioner realleges and incorporates paragraphs one (1) through three (3) above. 35. Respondent participated in the development of an appraisal report for the property commonly known as 1976 Crooms Road, Cottondale, Florida 32431. 36. At all times material herein, Respondent has denied having signed the report of that certain property. 37. Atall times material herein, Respondent allowed other persons in his office access and authority to affix his signature to appraisal reports. 38. Respondent has failed or refused to provide a workfile of that certain report. COUNT X Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in violation of Section 475.624(2), Florida Statutes, COUNT XI 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 XI Based upon the foregoing, Respondent is guilty of failing to retain, for at least five years, original or true copies of any contracts engaging the appraiser’s services, appraisal reports, and FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint 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. COUNT XII 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. 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 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 imposition of an license, registration, or certificate for a period not to exceed ten (10) years; administrative fine of up to $5,000 for each count or offense; imposition of investigative costs, C re FDBPR v. Bryan Green Case No. 200083837 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; 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- dayof_ Stare 2003. Elpni epartment of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Nancy Campiglia, Esquire Fla. Bar No. 164259 FDBPR-Division of Real Estate Legal Section 400 W. Robinson Street, N802A Orlando, Florida 32802-1772 (407) 481-5632 (407) 317-7260 - FAX PCP: MC/JB/CK. 1/03 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. 16 FDBPR v. Bryan Green Case No. 200083837 Administrative Complaint 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 Oventy-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. 10 RUOMUN DS iA. SY EXHIBIT $e pace _/& oor 17

Docket for Case No: 05-000171PL

Issue Date	Proceedings
Jul. 12, 2005	Order Closing File. CASE CLOSED.
Jul. 11, 2005	Amended Joint Emergency Motion to Remand with Leave to Refile filed.
Jul. 11, 2005	Joint Emergency Motion for Continuance or Abeyance filed.
Jul. 07, 2005	Petitioner`s Notice of Service and Filing of Petitioner`s Second Witness List and Exhibits filed.
Jul. 07, 2005	Petitioner`s Notice of Service and Filing of Petitioner`s Second Witness and Exhibits filed.
Jul. 07, 2005	Bryan Green`s Second Amended Witness and Exhibit List filed.
Jul. 07, 2005	Bryan Green`s Motion to Exclude Certain Testimony and Evidence filed.
Jun. 10, 2005	Notice of Taking Deposition Duces Tecum of Diana L. Woods filed.
Jun. 10, 2005	Notice of Service of Petitioner`s Response to Bryan Green`s First Request for Admissions to the Department of Business and Professional Regulation filed.
Jun. 06, 2005	Petitioner`s Response to Bryan Green`s First Set of Interrogatories to the Department of Business and Professional Regulation filed (no signature).
Jun. 06, 2005	Petitioner`s Response to the Order on Respondent`s Second Motion to Compel Answers to First Interrogatories and First Request for Production of Documents, for Sanctions, and for Attorney`s Fees filed.
Jun. 06, 2005	Petitioner`s Response to the Order on Respondent`s Amended Motion to Dismiss Administrative Complaint or, in the Alternative, for more Definite Statement filed.
May 25, 2005	Order (on or before June 3, 2005, Petitioner`s designee shall republish answers to Respondent`s First Interrogatories under oath, on or before June 3, 2005, Petitioner shall amend its answers to Respondent`s First Interrogatories).
May 25, 2005	Order (on or before June 3, 2005, Petitioner shall provide, in writing , in relation to Count III what portion of the "Ethics Rule" and the specific provisions of the Uniform Standards of Professional Appraisal Practice).
May 23, 2005	Order (motion to withdraw granted, on or before May 31, 2005, Petitioner shall provide responses to the request for admissions propounded by Respondent).
May 11, 2005	Order (motion to dismiss and for more definite statement denied).
May 11, 2005	Order Granting Continuance and Re-scheduling Hearing (hearing set for July 14 and 15, 2005; 9:00 a.m.; Tallahassee, FL).
May 09, 2005	Bryan Green`s Amended Motion to Dismiss Administrative Complaint or, in the Alteranative, for More Definite Statement filed.
May 09, 2005	Bryan Green`s Second Motion to Compel Answers to First Interrogatories and First Request for Production of Documents, for Sanctions, and for Attorney`s Fees filed.
May 09, 2005	Bryan Green`s First Amended Witness and Exhibit List filed.
May 09, 2005	Bryan Green`s Unopposed Second Motion to Continue and Reschedule Final Hearing filed.
May 06, 2005	Order (motion to compel denied, motion for sanctions and attorney`s fees denied).
May 05, 2005	Petitioner`s Notice of Service of Petitioner`s Response to Bryan Green`s First Set of Interrogatories and First Request for Production to the Department of Business and Professional Regulation filed.
May 05, 2005	Petitioner`s Response to Bryan Green`s Notice of Petitioner`s Admission of Green`s First Request for Admissions and Motion for Withdrawal or Amendment filed.
May 05, 2005	Petitioner`s Response to Bryan Green`s Motion to Compel Answers to First Interrogatories and First Request for Production of Documents, for Sanctions, and for Attorney`s Fees filed.
May 03, 2005	Bryan Green`s Motion To Dismiss Adminisrative Complaint or, in the Alternative, For More Definite Statement filed.
Apr. 27, 2005	Bryan Green`s Motion to Compel Answers to First Interrogatories and First Request for Production of Documents, for Sanctions, and for Attorney`s Fees filed.
Apr. 27, 2005	Notice of Petitioner`s Admission of Green`s First Request for Admissions filed.
Apr. 26, 2005	Notice of Filing Petitioner`s Response to Bryan Green`s First Request for Admissions filed.
Mar. 24, 2005	Order Granting Continuance and Re-scheduling Hearing (hearing set for May 17 and 18, 2005; 9:00 a.m.; Tallahassee, FL).
Mar. 22, 2005	Petitioner`s Notice of Service and Filing of Petitioner`s Witness List and Exhibits filed.
Mar. 22, 2005	Bryan Green`s Witness List filed.
Mar. 22, 2005	Bryan Green`s Amended Motion to Continue and Reschedule Final Hearing filed.
Mar. 22, 2005	Brian Green`s Motion to Expedite Responses to Discovery or, in the Alternative, to Reschedule Final Hearing filed.
Mar. 22, 2005	Brian Green`s First Request for Production of Documents to the Department of Business and Professional Regulation filed.
Mar. 22, 2005	Notice of Service of Brian Green`s First Request for Admissions to the Department of Business and Professional Regulation filed.
Mar. 22, 2005	Notice of Service of Brian Green`s First Interrogatories to the Department of Business and Professional Regulation filed.
Mar. 11, 2005	Respondent`s Respose to Petitioner`s First Request for Production of Documents filed.
Mar. 11, 2005	Notice of Service of Response to Petitioner`s First Request for Admissions to Respondent filed.
Mar. 11, 2005	Notice of Service of Response to Petitioner`s First Interrogatories to Respondent filed.
Feb. 25, 2005	Respondent`s Answer and Affirmative Defense to Administrative Complaint filed.
Feb. 25, 2005	Notice of Appearance of Counsel for Respondent (filed by K. Zaiser, Esquire).
Feb. 18, 2005	Petitioner`s Notice of Service of Petitioner`s First Request for Production filed.
Feb. 18, 2005	Petitioner`s Notice of Service of Petitioner`s First Interrogatories to Respondent filed.
Feb. 18, 2005	Petitioner`s Notice of Service of Petitioner`s First Request for Admissions filed.
Feb. 10, 2005	Order of Pre-hearing Instructions.
Feb. 10, 2005	Notice of Hearing (hearing set for March 29, 2005; 9:00 a.m.; Tallahassee, FL).
Jan. 31, 2005	Unilateral Response to Initial Order filed.
Jan. 28, 2005	Letter to DOAH from Respondent (response to Initial Order) filed.
Jan. 24, 2005	Initial Order.
Jan. 21, 2005	Agency referral filed.
Jan. 21, 2005	Administrative Complaint filed.
Jan. 21, 2005	Election of Rights filed.