Feb 13 2009 12:21 02/19/2009 19:19 FAX 4073177260 ORE LEGAL Wooasotd AS STATE OF FLORIDA EPARTMENT OF BUSINESS & PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BOARD a FLORIDA DEPARTMENT OF BUSTNESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. CASE NO. 2008020489 R. D. ONDRIAS, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Patitioner") files this Administrative Complaint against R. D. Ondrias("“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 general veal estate appraiser having been issued license 2371 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license Lhe Slale issued to Respondent was as a state certitied general real estate appraiser at 12731 World Plaaa TIAPREAROndriag. doc 1 Feb 13 2009 12:22 02/19/2009 19:19 FAX 4073177260 ORE LEGAL Woos/otd FDRBPR v. R. D. Ondriag Cade No. 2008020489 Administrative Complaint Ln. Bld. 6 #83, Suite 1, Bt. Myers, Florida 33907, 4, Respondent’s mailing address as registered with Petitioner ig 621 sw 2u%5 Terrace, Cape Coral, Florida 33991. 5. On or about February 26, 2008, Respondent entered into contract to develop and communicate an appraisal for the property commenly knewn as 2627 SW 41st Street, Cape Coral, Florida (“Subject Property”). 6. On or about February 26, 2008, Kespondent was given a check in the amount of $300,00 for the purpose of developing and communicating the appraisal for the Subject Property, which was negotiated. A copy of the negotiated check is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. Respondent failed to develop the appraisal. 8. Respondent failed to communicate the appraisal. 9, Respondent failed to refund the $300.00, despite repeated requests. 10. On May 19, 2008, on June 9, 2008 and again on June 27, 2008, Petitioner's investigator sent a letter to Respondent’s registered mailing address with Petitioner seeking a complete copy of Respondent's work file for the Subject Property. Respondent failed to submit the requested work file. Copies of the letters are attached hereto and incorporated herein as Administrative HAFREAB\Ondrius, doe 2 Feb 13 2009 12:22 02/19/2009 19:19 FAX 4073177260 ORE LEGAL Moog sod FDRPR VV. R. D. Ondrias Case No, 2008020489 Administrative Complaint . Complaint Exhibits 2, 3, and 4, ai. Petitioner's investigator arranged an interview for Respondent to attend personally on June 19, 2008, Respondent failed to attend the interview. 12. On June 19, 2008, Petitioner's investigator sent a letter to Respondent seeking attendance at an interview. Rospondent failed Lo atLlend the interview. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Fehibit 5. COUNT ONE Based upon the foregoing, Respondent has failed to communicate an appraisal without good cause in violation of Section 475,.624(16), Plorida Statutes. COUNT TWO 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 THREE Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 47/5, TEAPRRAMOndrias.doc 3 Feb 13 2009 12:22 02/19/2009 13:20 FAX 4073177260 ORE LEGAL oorsotd FDBPR v. Rk. D. Ondrias Case No, 2008020489 Administrative Complaint Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.626(1)(£), Florida Statutes. WIEREFORE, 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 ageney action finding the Respondent(s) guilty aa 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 cortiticate for a period not to excced ten (10) years; imposition ef an administrative fine of up to 65,000 for each count or offense; imposition of investigative costs; issuance ot 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 cducation courses; publication, or any combination of the foregoing which may apply. Gee Section 475.624, Flerida Skatutes and Rule 6171-8.002, 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(e), imelude: revocation of the license, HAFREARWOndrias. doc 4 Feb 13 2009 12:23 02/19/2009 13:20 FAX 4073177260 ORE LEGAL Woog sod FDBPR v, R, D, Ondrias Cage No, 2008020489 Administrative Complaint regiatration, or certificate; suspension of the lidense, registration, or certificate for a period not to exceed ten (10) years; imposition of an administrative fine of up Lo $5,000 for each count or oftense; imposition of investigative costs; issuance of a reprimand; impogilion of probation gubject te terms including, but not ‘limited to, requiring the licensee, registrant, or certificate holder to complete and pass additional appraisal educalion courses; publication; restriction of practice; injunctive or mandamus reliet; imposition ot a cease and desist order; or any combination ef the foregoing which may apply. See Section 455.227, Fla, Statutes and Florida Administrati Code Rule 6131-8.002. , ») , 2008, SIGNED this CO) ., day of a “OH ™ at ‘ Florida Department of Business and Professional Regulation Thomas O‘Bryant, dr., Director, Division of Real Estate eae ah eres Jamonat HO " ota Phantasy bate i awagtan wt Rawk Retake ; ole TAPFREATOndrias.dec 5 Feb 13 2009 12:23 02/19/2009 13:20 FAX 4073177260 ORE LEGAL Woog/otd FDBPR v. R. D. Ondriag Case No. 2008020489 Administrative complaint ATTORNEY FOR pEyeTTONSR —_ a ee on ao Allison Carmine McDonald Senior Attorney Fla. Bar Wo, 148792 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX PCP; ctw/pa 9/08 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the llorida Statutes, is not available for administrative diaputes 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 coungel. or other qualified representative in thia matter; and that you have the right, at your option and expenge, 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 Hlection 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 slate 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 seal estate license or registration, Please see the enclosed Explanation of Rights and Blection of Rights form. TIAPREAB\Ondriag. doe & Feb 13 2009 12:23 02/19/2009 13:21 FAX 4073177260 ORE LEGAL otasotd 2 = ea m _ t 5 o in : o & : cae an, ce a oo + : S90 2h aononnn = e WUE e7ed GR TOILE r 3 : 3 q Q & £ a t oo o o = re i + t o 3 u o = £ La] Le) ADMINISTRATIVE COMPLAINT. exqipit #f , a 1. ee re EXHIBIT, [ pace 2 Feb 13 2009 12:24 02/19/2009 13:21 FAX 407g17 7260 ORE LEGAL orto Division of Real Fstate Thomas O'Uryant, Jr, Uirector ; 2295 Victoria Avenue, Suite 263 Pr ofessional FE Myer, Flarida 380 ls ytie ah H Phone: 239.338.2476 * Pax: 239.338.2379 Chuck Drago, Interim Secretary Charlie Crist, Governor May 19, 2008 R. D. Ondrias 621 SW 11" Ter. Cape Coral, FL 33991 RE: DBPR Case # 2008-020489 Dear Mr. Ondrias: | have been assigned to investigate the recent complaint filed against you. Pursuant to the initiation of the investigation { will need to obtain additional documentation from you. Please provide a true and accurate copy of the appraisal as delivered to the client. Please provide a complete copy of your entire working file and supporting data for this appraisal. Upon receipt and analysis of these documents additional data may be needed to adequately invéstigale (he allegalion. These documents should be mailed to the address listad above within ten (10) days. Note: If photocopies of the photographs of the subject and comparable properties are not clear please provide duplicates of the original photographs. ‘The appraisal in question is: 2627 SW 41" St. Cape Coral, Florida 33914. The iender/clicnt is identified as Mark Franzblau 2623 SW 41” SI. Cape Coral, Florida 33914. Should you have any questions concerning this request or the complaint in general, please do not hesitate to contact me. Thank you in advance tor your cooperation. Sinceraly, Lasol, Lhe Carol Labonte, Investigation Specialist |I Division of Real Estate Bureau of Enforcement 239-246-1114 (Voice) 239-338-2379 (Fax) ADMINISTRATIVE COMPLAINT EXHIBIT ft PAGE | OF ne weve LIGCNSC CFFICIENTLY. REGULATE FAIRLY. WWW.MYFLORIDALIGENSE.COM WWW.MYFLOF in , Fvumr A page 2./ Feb 13 2009 12:24 02/19/2009 13:21 FAX 4073177260 ORE LEGAL Wot /otd Division of Raal Cstata Boeriakes Cc] ? Thomas O'Bryant, Jr., Director Business Mo 2206 Vietorla Avenue, Sulte 263 Professional rt. Myars, Clarida 32904 earn digs nage Phone: 239.938.2376 « Fax: 239,398.2379 SOU ECA Y Chuck Drago, Interim Secretary Charlie Crist, Governor June 9, 2008 R. D. Ondrias 621 SW 11" Ter, Capa Coral, FL 33991 RE: DBPR Case # 2008-020489 Dear Mr. Ondriag: | have been assigned to investigate the recent complaint tiled against you. Pursuant te the initiation of the investigation t will need to obtain additional documentation from you. Please provide a true and accurate copy of the appraisal as delivered to the client. Please provide a complete copy of your entire working [ile and supporting dala for this appraisal. Upon teceipl and analysis of these documents additional data may be needed to adequately invesligate lhe allegation. These documents should be mailed to the address listed above within ten (10) days. Note: If photocopies of the photographs of the subject and comparable properties are nat clear please provide duplicates of the original photographs, The appraisal in question is: 2627 SW 41 st. Cape Coral, Florida 33914. The lender/clierd is identified as Mark Franzblau 2623 SW 41" SL. Cape Coral, Florida 33914. Should you have any questions concerning this request or the complaint in general, please do not hesitate to contact me. Thank you in advance for your cooperation. Sincerely, Lawl, Jobe Carol Labonte, Investigation Specialist II Division of Real Estate ‘ Bureau of Enforcement 239-246. 1114 (Voice) 239-338-2379 (Fax) ALMINISTRAZIVE COMPLA INT, EXHIBIT 4e. LIGENSF FFFICICFNTLY. REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM Exwipit__ 2 Pace a Feb 13 2009 12:24 02/19/2009 13:22 FAX d07a17 7260 ORE LEGAL Mow/o1d Division of teal Latata enpyace «ol. Thomas O'Bryant, Jr., Director Bu STO he) 2295 Victoria Avanua, Sulte 263 Professional Ft. Myers, Florida 33901 Kequlathor Phong, 299,338,296 + hax, 299,938,29/9 Chuck Drago, Interim Secretary Charlie Grist, Governor June 27, 2008 R. 0. Ondrias 621 SW 11" Ter. Cape Coral, FL 33991 RE: DBPR Case # 2008-020489 (Third Request) Dear Mr. Ondrias: | have been assigned to invesligale lhe recent complaint filed against you. Pursuant to the initiation of the investigation | will need to obtain additional documentation from you. THIS IS THE THIRD REQUEST to picasc provide a true and accurate copy of the appraisal as delivered ta the client, Please provide a complete copy of your entire working file and supporting data tor this appraisal, Upon receipt and analysis of these documents additional dala may be needed lo adequalely investigale the allegation. These documents should be mailed to (he address lisled above within ten (10) days. Nole: If photocopies of the photographs of the subject and comparable properties are not clear please provide duplicates of the original photographs. The appraisal in question is: 2627 SW 41® St, Cape Coral, Florida 33914. ‘The lender/client is identified as Mark Franzblau 2623 SW 417 St. Cape Coral, Florida 33914. Should you have any questions concerning this request or the complaint in general, please do not hesitate to contact me. Thank you in advance for your cooperation. Sincerely, Aaah Ff) Carol Labonte, Investigation Specialist || Division of Real Estate Bureau of Enforcement 239-246-1114 (Voice) 239-338-2379 (Fax) AIAVUATS TROND OAL Chae ality EXHIENT ‘Hem. _ PAGE Q LIGENSE EFFIGIENTLY. REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM exnierr__~ _ PAGE_& Feb 13 2009 12:25 02/19/2009 13:22 FAX 407317260 DRE LEGAL Motard Tati Depart! Division of Real Fstate eine i Thomas O'Uryant, Jr, Direaclor Bu a) la O5S ie We 2295 Victoria Avenue, Suite 263 Prey Faceidpyal Ft Myers, Florida 33001 Types feed pon see Phone: 299.246.1174 «Tax: 238.338.2378 RECTION Chuck Drago, Interim Secretary Charlie Crist, Governor June 19, 2008 R.D. ONDRIAS 621 SW 11™ TER. CAPE CORAL, FL 33991 RE: DBPR CASE # 2008-020489 Dear Mr. Ondrias: A complaint has been filed against your Real Estale Appraiser License. Several allempls have been made lo conlact you which have been unsuccessful. You have failed to Keep your scheduled appointmicnt tor your interview on June 19, 2008 at 9:30 AM. You have also failed to submit the work file thal was recuested on May 19, 2008 and on June 9, 2008. In order for tha Florida Real Estate Appraisal Board to consider your response to these allegations, | am scheduling another appointment for you to appear and to bring the requested work file to the Ft. Myers Regional Office of the Department of Business and Professional Regulation at the address listed below on: “ MONDAY, JUNE 23, 2008 AT 10:00 AM. If you aré@ unable to make this appointment contact me at (234) 246-1114 to re-schedule it, lf you would rather surrender your license than meet and discuss this complaint please sign the enclosed Affidavil Far The Voluntary Surrender Of License, Registration, Certificate/Permit For Revocation, have it notarized and return it to the address listed balow. Failure to respond could result in further action being laken againgl your license. Sincerely, Lad Shr AO Carol Labonte investigations Specialist tl Division of Real Ustate Bureau of Enforcement 2795 Vicloria Ava. Suite 263 Ft. Myers, FL 33901 298-746-1114 239..338-2379 fax Enclosure: Affidavit tor the Voluntary Surrender of License ADNENIST R ATIVE EXMIBIT 2 Oye E T > COMPL ALR wissimecan, babe LICENSE EFFIGIENILY. REGULATE FAIRLY. WWW.MYFLORINAMGENSE.COM - Q EXHIBIT. PAGE_ f 9 THN wea URE 8

Docket for Case No: 09-000828PL