STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & n PROFESSIONAL REGULATION, a DIVISION OF REAL ESTATE, Petitioner, Vv. SHANE PARKER MCELROY, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Shane Parker McElroy (“Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency chiarged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the tules promulgated thereunder. 2. Respondent is currently a Florida state certified residential real estate appraiser having been issued license 4810 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 4720 S.E. Bayshore Terrace, Stuart, Florida 34997. 4. Respondent obtained his Registered Trainee Real Estate Appraiser’s appraisal license on FDBPR v. Shane Parker McElroy Case No. 2005057076 Administrative Complaint or about May 25, 1999. Respondent obtained his State Certified Residential Real Estate Appraiser’s appraisal license on or about October 29, 2004. 5. Respondent originally applied for Certified Residential licensure on or about November 24, 2003. Respondent did not receive his license in 2003, and on or about November 1, 2004, Respondent resubmitted his original application for Certified Residential licensure to Petitioner, with a letter stating he was reapplying for licensure. Copies of Respondent’s application for licensure and correspondence are attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On Respondent’s application for Certified Residential licensure, Respondent attested that he had never been convicted of any crime in any jurisdiction. 7. On or about January 13, 2004, Respondent was sentenced in the Circuit Court of Broward - County, Florida, for two counts of “Attempted Child Abuse,” both felonies of the third degree. A copy of Respondent’s Judgment and Sentence is attached hereto and incorporated herein as .. Administrative Complaint Exhibit 2. 8. Respondent failed to notify Petitioner of his January 13, 2004 conviction within thirty (30) days. 9. Respondent has previously received discipline by the Board in case number 2002001632, a copy of which is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. - COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, ‘or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a registered assistant appraiser or licensed or certified appraiser, or 2 FDBPR v. Shane Parker McElroy - Case No. 2005057076 Administrative Complaint which involves moral turpitude or fraudulent or dishonest conduct in violation of Section 475.624(5), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of failing to inform the Florida Real Estate Appraisal Board in writing within thirty (30) days of having pled guilty or nolo contendere to, or having been convicted or found guilty of, any felony, and therefore is in violation of Section 475.624(9), Florida Statutes. COUNT II Based upon the foregoing, Respondent has obtained or attempted to obtain a registration, license, or certification by means of knowingly making a false statement, ‘submitted false information, refusing to provide complete information in response to an application question, or engaging in fraud, misrepresentation, or concealment in violation of Section 475.624(12), Florida Statutes. COUNT IV Based upon the foregoing, Respondent has failed to disclose his criminal history on his application in violation of Rule 61J1-3.001(6)(a) of the Florida Administrative Code and, therefore, is in violation of Section 475.624(4), 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, or has been found guilty of a course of FDBPR v. Shane Parker McElroy Case No. 2005057076 Administrative Complaint conduct or practice which shows that he is incompetent, negligent, dishonest, or untruthful to an extent that those with whom he may sustain a confidential relationship may not safety do so 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 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 FDBPR v. Shane Parker McElroy Case No. 2005057076 Administrative Compiaint 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 n day of Auguet _._, 2006. Florida Department of Business an (a Professional Regulation By: Michael E. Murphy Division Director Division of Real Estate —_-HLEB peeattment Of Professional Regn te Bivision of Real Estate ‘R&cquel A. White, Senior Attorney Fla. Bar No. 0392669 Division of Real Estate Legal.Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX PCP: JS/CK 8/06 FDBPR v. Shane Parker McElroy Case No. 2005057076 Administrative Complaint : NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Appraisal Board a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. O DBPR 0010-2 - Master Individual Application , ‘ ‘TREASURER OF FLORTDA-DBPR : ACCT1000004444 LOC7900199 yp Alesis Fob... STATE OF FLORIDA NY DEPOSIT. aL 12/11/2003 V Jars DEPARTMENT OF BUSINESS AND BT "PROFESSIONAL REGULATION an oe AMT $152.00 Middle Title eS AREER Bint ar TMOG) ar nee {check only one): | i wk or African American Q Native American or Alaskan Native . 4 S anic or Latino © Other ' —Fo4l Nw (4 STREET | Pengcolce Fives Fa stony [= | | a ggg | Street Address 54, 62 Ror SUS #3 “Under the Federal Privacy Aet, disclosure of Social.Sec! |.Security numbers is voluntary unless ifically required by Federal statute. In this instance, Soret Securit embers oe pursuant to Tile 42 ‘United Slates Code, Sections 653 and 654; and Sections 8: .203(9), 409.2577, and 409.2598, Florida Statutes. Social used to aliow efficient screening of applicants and licensees pan a pas vo child support agency fo assure compliance with child ‘support eae Sree Sey rr numbers: ‘must aiso be recorded on ail professional and occupational ications and will be used for licensee identification pursuant and Work ~ Opportunity Reconcliaion Act of 1995 (Wellare Reker Aon, 404 Bub 193, Sec. 347. J tina ADMINISTRATIVE COMPLAINT / me 01 ‘me EXHIBIT #__f REEVE PAGE doOF exwarr_"(__paoe |S = . " DBPR RE-2000-1 — Application Requirements REV. 08/03 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1940 North Monroe Street Tallahassee, FL 32399-0783. Application requirements. vary depending on the license type being applied for. The following table provides detail of the required forms for the various types of applications. You can also apply or renew licenses online and make. payments by credit card by viewing the DBPR Online Services section located at http:/iwww.myflorida.com. if you have any questions or need assistance in completing your application, please contact the Customer Contact Center at (850) 487-1395. . Please submit this checklist with your application. Check License Type Action : -Requested Required Forms Application Fee (By Form Number) Sales —~«(| $182.00 Associate Sales. $152.00 Associate f nition) Broker - $162.00 : 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Broker (Mutual $162.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Recognition) . Registered $277.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Trainee 2060-1 Appraiser . Certified $377.00 - 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Residential : Appraiser ; . . . Certified $377.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 General . : : Appraiser: Non-Resident $50.00 0010-2, 0030-1, 2000-1, 2020-1 Temporary : Appraisal Practice Permit Instructor — . Real Estate $152.00 ADMINISTRATIVE COMPLAINT. EXHIBIT . # PAGE @Z _oOOF 0-1, 0060-1, 2000-1, 2010-1, 0010-2, 0030-1, 0051 ‘ 2030-1 , DBPR RE-2000-1 ~ Application Requirements REV 08/03 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1940 North Monroe Street Tallahassee, FL 32399-0783 Application requirements vary depending on the license type being applied for. The following table provides detail of the required forms for the various types of applications. You can also apply or renew licenses online and make payments by credit card by viewing the DBPR Online Servicés section located at http:/Iwww.myflorida.com. If you have any questions or need assistance in completing your application, please contact the Customer Contact Center at (850) 487-1395. Please submit this checklist with your application. Required Forms License Type (By Form Number) Check: Action Requested Application Fee $152.00 $152.00 Instructor — Residential Appraisal Instructor — General Appraisal School Chief Administrator ° 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1, ~~ 2040-1 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1, » 2040-1 . $50.00 0010-2, 0030-1, 2000-1, 2070-1 0020-1, 6030-1, 0040-1, 2000- 2100-1 (Optional) New . 1, 2050-1, Corporations/ New Branch Office o020H, 2000-1, 2100-1 New School 0020-1, 0030+1, 0040-1, 2000-1, 2070-1 School Additional Location Corporate. Amendment _ 0020-1, 2000-1, 2100-1 Please call for 0020-1, 0030+1, 0040-1, 2000-1, 2050-1 : appropriate fee(s) - i : Sole 0030-1, 0080-1, 2000-1, 2050-1 Proprietor Please call for appropriate fee(s) * Checks and Money Orders are accepted for applications received by mail. ¢ Please make checks or money orders payable to DBPR - Division. of Real Estate. - e Please address mail to DBPR - Central intake anduse thepddrags tisted on this form. EXHIBIT #y PAGE 3 OF _ If you currently or previously have held a busines: | elsewhere, please list them below: | ST-REG. ASSIST REA*STIZ Fu os; 7 _ 11494 NWL24 1 2003 License Number SII Name Used Simwe M cSLE oy | Name Used License Number | 3. License/Registration Type Date (From) Date (To) | / 1 / / ld i Yes 0 (If yes, please complete form 0050-1) Have you ever been ci y, of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO" THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS, FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT. Has any judgment or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim, or other pleading with any fraudulent or dishonest dealing, or is there any such case or investigation pending? : Have you ever had an application for registration, certification, or licensure in Florida or in any other jurisdiction denied, or is there now pending a proceeding or investigation to deny such an application? Yes 0 (If yes, please complete form 0050-1) Yes 0 (If yes, please complete form Yes 0 (If yes, please complete form 0060-1} Has any license, registration or permit to practice any regulated profession, occupation, vocation, or business been revoked, annulled, suspended, relinquished, surrendered, or withdrawn in Florida or in any other jurisdiction, or is any such proceeding or investigation now pending? If you answered “YES” to questions 1 — 4 above, please provide the full details of any criminal conviction, lawsuit or judgment, or administrative action including the nature of any charges, dates, outcomes, sentences, and/or conditions imposed; the dates, name and location of the court and/or jurisdiction in which any proceedings were held or are pending; and the designation and/or license number for any actions against a license or licensure application. Please utilize form 0050-1 for your responses to questions 1 and 2, and form 0060-1 for your responses to questions 3 and 4. if you have more than seven offenses to document on form 0050-1, attach additional copies of form 0050-1 as necessary. ADMINISTRATIVE COMPLAINT, | Have you used, been known as, or called by another name (example - maiden name, pseudonym, | | nickname) or alias other than the name signed to the application? Yes O Ni a If your answer is yes, state name or names used below: Last Name Middle i} Last Name i ; . Middle ADMINISTRATIVE COMPLAINT EXHIBIT 4 ee PACE © oF IG DBPR RE-2010-1 — Real Estate Background Questions REV 06/0+ a STATE OF FLORIDA 4 he DEPARTMENT OF BUSINESS AND PROFESSIONAL Finidts frie REGULATION 1940 North Monroe Street Tallahassee, FL 32399-0783 NOTE — This form must be submitted as part of an entire application packet | Are you a high school graduate or the holder of an equivalency certificate? Yes BY” No O Are you requesting mutual recognition? From what state are you requesting mutual Yes Q No. W@ recognition? you a Florida resident? Yes €& No Q i if no, please read and affirm Irrevocable Consent to Service statements below by checking | NOTE: (The following Irrevocable Consent to Service is applicable to non | only) . x | agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | & 1 agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. ADMINISTRATIVE COMPLAINT exnigir gf STATE OF FLORIDA DEPARTMENT OF BUSINESS AND - PROFESSIONAL REGULATION NOTE — This form must be submitted as part of an application packet | Penaity/Disposition — Date of Offense: (MM/DD/YYYY) Have ail sanctions been satisfied? | / ia Yes 0 No Q Description . Penalty/Disposition | Date of Offense (MM/DD/YYYY) Have all sanctions been satisfied? / | Yes 0 _ | No Q pT | Penalty/Disposition Date of Offense (MM/DD/YYYY) Have all sanctions been satisfied? / li Yes QO No Q i | | xeipiT #_f ag 7? - Penalty/Disposition | Date of Offense (MM/DD/YYYY) Have ail sanctions been satisfied? fd Yes 0 No Q | Description Penalty/Disposition | Date of Offense (MM/DD/YYYY) Have ail sanctions been satisfied? | / t Yes No Q ; Description Attach additional sheets as ~EXHIBET ri 1 DBPR 0060-1 — General Explanatory Description STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOTE -- This form must be submitted as part of an application packet i ADMINISTRATIVE COM nT EXHIBIT gt — eee OF . ee — cee ee 12 ark | DBPR RE-2060-1 — Request for Appraiser Change of Status REV 06/01 Pirie fetote.... STATE OF FLORIDA tt ere, DEPARTMENT OF BUSINESS AND PROFESSIONAL 4 ’ REGULATION 1940 North Monroe Street Tallahassee, FL 32399-0783 | Appraiser Type Q_ Registered Assistant Appraiser . Q Temporary Permit Holder ef Certified Residential Appraiser Q_ Licensed Appraiser |Q) Certified General Appraiser Action Requested . |) Designate a primary/secondary supervisor for a Terminate primary supervisor registered assistant appraiser Terminate secondary supervisor Q Add an additional supervisor for a registered L_2ssistant appraiser __ icense/Permit Number ST. REG. Assis7. REA #5772 [PRR Spe MeELRO —! apervisor’s Designation Certified Residential Appraiser | ; | Ey Primary Supenisor Q_ Certified General Appraiser Q Secondary Supervisor Q Licensed Appraiser Primany/Secondary Supervisor Name. = EOwAreO AeO Ross { 1 affirm that | have provided the above information completely and truthfully to the best of my knowledge. ADMINISTRATIVE COMPLAINT . EXHIBIT # Pace /O oe DBPR 0030-1 — Attest Statement STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOTE - This form must be submitted as part of an application packet | ! have read the questions in this application and have answered them completely and truthfully to | the best of my knowledge. . | | have successfully completed the education, if any, required for the level of licensure, registration, or certification sought. | have the amount of experience required, if any, for the level of licensure, registration, or ’ | certification sought. : | pledge to comply with the applicable standards of Practice upon licensure, registration, or f Certification. Type-or print name of applicant who is personally known.to me or who has produced the following as identification. Z. wer Lr tcers Type of identification Signature of person taking acknowiedge Notary Seal (Rubber Stamp and Expiration} ADMINISTRATIVE COMPLAINT EXHIBIT 4 ne PAGE [tL OF 7 To whom it may concern: This application is a RE-application to become a Certified Residential Real-Estate Appraiser. I am a registered assistant real-estate appraiser. I applied for the Certified Residential Real-Estate Appraisal License over one year ago. I was approved to take the State Exam. I took it and did not pass. My year time limit has expired. After a conversation with Kimberly at the department of business and professional regulation, I was instructed that is was very important that I write this letter stating that this is a RE- APPLICATION for the Certified Residential Real Estate Appraisers License and submit it with my application and a $152.00 check. I hope that this letter is adequate for your needs. Please call if I may be of any further assistance. - 954-989-8823 Shane Parker McElroy State R, istanf Real Estate Appraiser #5772 9041 NW 19 STREET Pembroke Pines, FL 33024 954-989-8823 ADMINISTRATIVE COMPLAINT EXHIBIT +1 iz PAGE CIRCUIT COURT DISPOSITION ORDER IN AND FOR BROWARD COUNTY, FLORIDA Case Number_"_ a 3007733 Al” Atiest'Nimber BCCN # State of Florida VS : AKA Judge __mx _. Cash bond / Return to depositor Cash bond niimibér(gy oo STE Neer npr arteritis aA "Charges: 001 SEXUAL PERFORMANCE BY 4 CHILD ma i-Z 002 SEXUAL PERFORMANCE BY 4 CHILD ( ) REMANDED ( ) REMAIN IC ( ) UNTIL PICKED UP BY OR BED AVAILABLE AT (. ) Arraignment ( Change of Plea (+ ) Guilty . ( o Contest ( ) PSI/PDR C) Sentencing / Re-Sentencing . (| ) Trial by Jury ( ) Trial by Court ( ) First VOP/ VOCC ( ) Final VOP/ vocc (_ ) Admits Allegations (_ ) Convicted by Jury/Court ( ) Acquitted by Jury /Court_____ ( )Dismissed_______ (+) Speedy ( ) Discharged . € ) Nolle ‘osequi_____.__( ) Found Incompetent/Committed to Child/Family Services ( ) Adj. Guilty. (Saag Withheld ( ) Adj. Delinquent ( ) Committed to DJJ/Level (| ) Sentence Withheld © (__ ) Previous Sentence Vacated (_) PSI Ordered Adj. and Sentence deferred to Type of Probation / Community Control: (_) Youthful Offender (_ ) Drug Offender ( ) Sexual Offender (_ ) Habitual Offender (_) Mental Health ( ) County PROBATION/COMM. CONTROL: ( ) Revoked ( ) Reinstated (_) Modified ( ) Terminated ( ) Extended (_) All previous special conditions apply WARRANT: ( ) Dismissed ( ) Withdrawn (_) Served in open court SENTENCE: (PROBATION/COMM. CONTROL) COUNT(S):___f= 2. . - S (Fears (Months ( ) Days (Probation ( ) Community Control (_ ) followed by ears ( )Months ( ) Days (_ ) Probation ( ) Community Control ~ Yaad congeacamentBonssoure ( ) concurrent ( ) consecutive to case number SOUNT(S): ( ) Years ( ) Months ( ) Days ( ) Probation () Community Control (_ ) followed by ( ) Years (- ) Month§ ( )Days ( ) Probation (. ) Community Control ) each count concurrent/consecutive (|) concurrent ( ) consecutive to case number ENTENCE: (INCARCERATION ) ‘OUNT(S): + = ( ) ne year plus one day ( ) —. ( ) Years ) Months ( ) Days JBC] ( ) FSP, w/credit for days T/S ) followed by ( )} Years ( ) Months ( ) Days (_) Probation ( ) Community Control UT erent . ) each count concurrent/consecutive ( ) concurrent/consecutive (_) to case number \ ) any other sentence ( ) Work release |( ) prison sentence suspended OUNT(S): 5 Se - (-) ne year plus one day ( ) ( ) Years( ) Months (_ ) Days ) BCI ( ) ESP, wieredit for - days T/S uO ) followed by ( ) Years ( ) Months ( )Days ( ) Probation ( ) Community Control ) each count concurrent/consecutive ( ) concurrent/consecutive ( ) to case number ) any other sentence ( ) Work release (_ ) prison sentence ADVENT pa COMPLA oon Lehto. “ID EXHIBIT # 3 PACE PUTY CLERK ae PE 10C 14-1 REV. 9/01 E'COPY ‘at State of Florida vss PONS. foc Kor Me @ 2 op Case number 6AITA2CE4 | SPECIAL CONDITIONS OF PRISON SENTENCE: ) Habitual Violent Offender mandatory minimum ) Violent Career Criminal mandatory minimum ) Prison Releasee Reoffender mandatory minimum ) Firearm mandatory minimum years Ct(s) years Ct(s)__ years Ct(s) years Ct(s) ) Habitual Offender Ct(s) ) Drug Treatment (_) Tier ¢ ¢ (_) Other mandatory minimum ¢ ¢ Program iq SPECIAL CONDITIONS OF PROBATION: - days BCI w/credit for al {we hours of Community Service , $ COS waived / imposed ) BARC (_ ) followed by. ( ) Youthful Offender ( ) Sexual Predator/Offender ( ) Boot Camp ) To be given credit for all time previously served in prison, to be calculated by Department of Corrections ¢ ee ( )ATTAC (_) Work release after successful completion of ATTAC ( ) BSO/SAP( )ISAP (_ ) Upon successful completion of drug program jail sentence shall be terminated (_) Anger Management Program ¢ ¢ ) Blood draw per F.S. 943.325 — 2 samples for conviction of sexual assaults; lewd or indecent acts; homicides (782.04) aggravated battery; home invasion robbery or carjacking days T/S (_ ) work release (_ ) Boot Camp ( ) Electronic Monitor ( ) Drug Treatment (_ ) Obtain GED or High School diploma ( ) Peg program (vWF Psychological / Psychiatric evaluation and treatment neces: r RAPMODO LIDGE (ais tarry ) Random drug/alcohol testing fo ‘ep, ) ) Random urinalysis/waive costs. . ) Recommend 2-year Driver’s License Suspension EXHIBIT PAGE 2 1CC 14-2 REV. 9/01 ——— a roe —_— ( ( ) Curfew : (. ) Restitution ordered $ /amount reserved (_) Drug/Alcohol evaluation and treatment recommended ( ) Spectrum | ( ) Forfeit weapon / firearm (__) Substance abuse evaluation ( ) FACT. ( ) Turing Point Bridge Program/Aftercare ( ) House of Hope ~ ( ) Work permit (. ) IRT (_ ) followéd by - (_) Make donation of $____________ to | (_) May transfer probation to : : , j | (_) May travel : for work purposes v Ao Conpeittr ALi 65/, pro | ( ) No contact with minor children without adult supervision fh ; | (_) No contact directly or indirectly with victim(s) or victim’s fe OY 70g pajoh Y @) FIO — family or others listed Fay HYe_ Ske ( ) No driving without valid driver’s license - ( ) No drugs or alcohol (_) Enter and successfully complete : (_ ) Drug Coyrt Moniforing/Hearing set o - J . : . Homer Wortley 1 PICHIA ETI UE bi _ ER Te a COSTS <8em qo ($500 Trust Fund a7 ( ) $40 PD application fee waived / imposedg 2 2 GS (3850 VC each count & ( )$__________ppfee SEES A/S ( ) $5 Assessment each count ( ) $20 CSTF ees fs ¥ (xs on ( ) Extradition coset $a = fas ( ) $100 OTF C ) $20 SN1 Sed NG ( )$ fine plus $ 5% surcharge count(s) o2 y \ ( )$—_________ Court Costs (4 < >. CFF assh | (_) Pay balance of previously imposed costs (_ ) Waive all court costs = ¢ 6 2 > (_ ) Balance of court costs and fees converted to a civil lien ( ) Court costs converted to Comm. Serti iptrs a (_ ) Deferral fee ( ) Defer to ; ns = (_ ) Other So 6 § . PLAINT. if Z / DEPUTY CLERK sonst wef p pare __! [2/6 $ 1 34 Final Order No. BPR-2003-01159 Date: FILED 4-23-03 Department of Business and Professional Regulation AGENCY CLERK arah Wachman, Agency Clerk , y . i By: , mM. ba 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. 2002001632 2 SHANE MCELROY, Respondent. : / FINAL ORDER On April 1, 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 1* day of April, 2003, in Orlando, Florida. . QD)... ¥ ‘G ; Director Division of Real Estate ADMINISTRATIVE COMPLAINT EXHIBIT 4 PAGE _ OF CERTIFICATE OF SERVICE * | HEREBY CERTIFY that a true copy of the foregoing was sent by U.S: Cirtified Mail to: Steven Johnson, Esquire, 1801 E. Colonial Drive #101, Orlando, Florida 32803; 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 a3 day of April 2003. ADMINISTRATIVE COMPLAINT. EXHIBIT 4 3 PAGE ____ 2 OF ——_—_—— STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, DBPR Case N° 2002001632 Respondent. / Se > ) STIPULATION © _ Petitioner, Florida Department of Business and Professional Regu! Now Real Estate Appraisal Board (FREAB) issue a Fi inal Order adopting and ineprali 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-registered assistant real estate appraiser in the State of Florida, having been issued Hcense number PIS772 in accordance . with Chapter 475, Florida Statutes. The last license the State issued Respondent was as a state- registered assistant real estate appraiser at 9041 NW 19" Street, Pembroke Pines, Florida 33024, 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 ADMINISTRATIVE COMPLAINT. “EXHIBIT He aa " FOBPR v. Shane McElroy DBPR Case No. 2002001632 “STIPULATION Pa F lorida 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 shall commence to run a on the Effective Date. . STIPULATED DISPOSITION 7. Respondent shall pay an administrative fine of $2,000. 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 six (6) months from the Effective Date herein. 8. Respondent shall begin probation for a period’ of six (6) months from the Effective Date herein, during which period Respondent shall provide original eviderice of satisfactory completion of seven (7) hours of USPAP course, Respondent shall attend two (2) FREAB general meeting 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) 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 real estate appraisal license. ADMINISTRATIVE COMPLAINT, : EXHIBIT. 4 FDBPR \. Shane McElroy DBPR Case No. 2002001632 STIPULATION ’ s “9, Noncompliance with the terms of this Stipulation shall result in the suspension of Respondent’s licenses, registrations, certificates, and permits 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 receives 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: ; ; . Pembroke Pines: Shane McElroy, state-registered assistant real estate appraiser (RIS 772); fined $2,000; 6 mos. probation; 7-hr. of USPAP and attendance at © FREAB general meeting: violated a standard for the development of communication of a real estate appraisal or other provisions of the Uniform Standards of Professional Appraisal Practice. 11. The parties understand that this Stipulation is subject to thie approval of DBPR and of the 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 further 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 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 further. - participation in the resolution of this cause. “FDBPR v. Shane McElroy DBPR Case No. 2002001632 STIPULATION 2 ‘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 nights and authority the law provides to insure Respondent’s compliance with Chapters 455 and 475, F lorida 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 preclude or deter DBPR or the FREAB from other disciplinary proceedings against Respondent for acts or omissions unrelated to those set forth in the Administrative Complaint herein. 15. Respondent hereby waives all notice requirements and right to seek judicial review or to otherwise challenge or contest the validity or enforcement of the terms of this Stipulation and/or of any resulting final order of the FREAB adopting and incorporating same. 16. - All parties hereto shall otherwise bear any and‘ all attorney's fees and costs they may have incurred in connection with this cause. 17, Should Respondent withdraw from or in any 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 attorney's fees and costs Respondent may have incurred as the result of the disciplinary proceeding up to and including the date of withdrawal from the settlement Stipulation o or attempt to alter, change, annul, repudiate, or revoke the terms of - © this Stipulation. ADMINIS TRATIVE COMPLAINT FDBPR v. Shane McElroy DBPR Case No. 2002001632 STIPULATION : Pa “18 The FREAB has not taken prior disciplinary action against Respondent. fA 2008. Shane han Respondent EXECUTED this_J]* day of BEFORE ME the undersigned authority, this al i! day of Blan , 2003 personally appeared Sy sie: ie. 2 Parver Malye. sf who i is persona! a'ly ‘sown to me or who has produced ___ lreens2 and who swore.and subscribed to the for egoing. re PUBLIC. State of Florida at Large My Commissior: Expires: Jure (1 ,200lo - APPROVED this / Pi Cpl , 2003. er VIRGINIA M4. DIEZ y ‘\ My COMMISSION #00124734 = By EXPIRES: JUNE 11, 2006 Bonded through Advantage Notary epartmertt of Business & © Professional Regulation By: ‘ Director, Division of Real Estate a NPC/jk ADMINISTRATIVE COMPLAINT. EXHIBIT # em LAAE ? OF Ne Eee - 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. CASE NO. 2002001632 ) 2002001633 SHANE MCELROY AND MATTHEW A. KRASSY, Respondents. / _ ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Shane McElroy and Matthew A. Krassy (“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 Shane McElroy is currently a Florida state-registered assistant real estate _ appraiser having been issued license RI5772 in accordance with Chapter 475 Part I of the Florida Statutes. The last license the State issued to Respondent was as a state-registered assistant real estate - appraiser at 9041 NW 19" Street, Pembroke Pines, Florida 33024. ADMINISTRATIVE COMPLAINT - FDBPR v. Shane McElroy Case No. 2002001632 Administrative Complaint _. 3. Respondent Matthew A. Krassy i is currently a Florida state-certified general real estate appraiser having been issuéd license RZ2431 in accordance with Chapter 475 Part t of the Florida Statutes. The last license the State issued to Respondent was as a state-certified general real estate appraiser at 2890 Griffin Road #3, Ft. Lauderdale, Florida 33312. . 4. On or about November 11, 2002, Respondents developed and communicated an appraisal report for the property commonly known as 17971 NW 13" Street, Pembroke Pines, Florida. 5. Respondents failed to maintain copies of certain data they used in support of their value estimate, in the work file. ” 6 Respondents provided pictures of the comparables with the report that were not, in fact, pictures of the properties they purported to represent. 7. Respondents knew or should have known that Respondent Krassy did not inspect the property. . : 8. Respondents Stated, in the report, that Respondent Krassy inspected the property. 9. Respondents failed to include a covered porch on.the sketch purporting to diagram the floor plan of the property. 10. Respondents represent, in the report, that comparable number three is on a comer lot when, in fact, it is on an interior lot. , ; , COUNT I Based upon the foregoing, Respondent Shane McElroy 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. FDBPR v. Shane McElroy Case No. 2002001632 Administrative Complaint _ . ; ; COUNT I _ . Based upon the forégoing, Respondent Shane McElroy 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 Shane McElroy 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 vidlation of Section 475, 629, Florida Statutes and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Matthew Kragsy 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. county Based upon the foregoing, Respondent Matthew Krassy is guilty of having failed to-exercise ‘reasonable diligence i in developing an appraisal report in violation of Section 475. 6245), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Matthew Krassy is guilty of failing to retain, for at | . " least five years, original or true copies of any contracts engaging the appraiser’ s services, appraisal ; FDBPR v. Shane McElroy Case No. 2002001632 Administrative Complaint . . report, and supporting data assembled and formulated by the appraiser in Preparing appraisal reports in violation of Section 475.629, Florida Statutes and, therefore, i 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: Tevocation 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 gach 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 whicti may apply. See Section 475.624, Florida Statutes and Rule 61] 1-8.002, 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 gach count or offense; imposition of i 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 . a : ” education courses; Publication; restriction of practice: injunctive or mandamus relief imposition of FDBPR v. Shane McElroy Case No. 2002001632 Administrative Complaint —_— 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. 611 -8.002. SIGNED this 3 dayof_ “Dope 2002. epartment of Business and Professional Regulation By: Director, Division of Real Estate WHatGST: 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/CK/TB 12/02 . 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 th trative | ju may request, within the time proscribed, a hearing to be conducted ; this Complaint yo FDBPR v. Shane McElroy Case No. 2002001632 Administrative Complaint 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 behaif if a formal hearing is requested. _ PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights g with the Petitioner within twenty-one (21) days of nt, the Petitioner will file with the Florida Real Estate an informal hearing and entry of an appropriate Final pension or revocation of your real estate license or Explanation of Rights and Election of Rights form. form or some other responsive pleadin receipt of this Administrative Complai Appraisal Board a motion requesting Order which may result in the sus registration. Please see the enclosed ADMINISTRATI VE COMPLAINT, 3 wh,

Docket for Case No: 07-000800PL