STATE OF FLORIDA i f DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION #h. 7, FLORIDA REAL ESTATE APPRAISAL BOARD 20 yy, se A iy / FLORIDA DEPARTMENT OF BUSINESS & Dn. 6 A PROFESSIONAL REGULATION, a [Sey 59 DIVISION OF REAL ESTATE, ny 33 p Wess. Oe - *): ARRA; Niel 1 ¥, Petitioner, os c Vv. CASE NO. 2009009018 SCOTT PARKER, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Scott Parker(“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 5746 in accordance with Chapter 475 Part II of the Florida Statutes. 3. The last license the State issued to Respondent was asa state certified residential real estate appraiser at 5523 Winhawk H:\FREAB\parker.scott.doc 1 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint Way, Lutz, Florida 33558. 4. On or about February 14, 2008, Scott Parker (“Respondent”) and Kelly Magwood developed and communicated an appraisal report (“Report”) for property commonly known as 2774 Whistler Street, West Melbourne, Florida 32904-7486 (“Subject Property”) and estimated its value at $310,000. A copy of the Report is attached hereto. and incorporated herein as Administrative Complaint Exhibit 1. 5. At the time the Report was developed and communicated, Respondent was a State Certified Residential real estate appraiser who supervised Kelly Magwood, a Registered Trainee real estate appraiser. 6. Respondent failed to have any documentation or support in his work file for the site value he used in the Cost Approach. In the Report, Respondent stated that no land sales were located to support the opinion for site value, and next states that he allocated 21% of the total value to land value. Respondent does not explain how he picked the 21% amount. 7. Respondent failed to have any documentation or support in his work file for the site improvements he used in the Cost Approach. 8. Respondent made the following errors and omissions in his H:\FREAB\parker.scott.doc 2 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint Report: A) Respondent used the wrong photograph for Comparable Property 3. A copy of the correct photograph is attached hereto and incorporated herein as Administrative Complaint Exhibit 2; B) Respondent misstated Comparable Property 2 as having 4 bedrooms when it had 3. A copy of the MLS for Comparable Property 2 is attached hereto and incorporated herein as Administrative Complaint Exhibit 3; Cc) Respondent misstated Comparable Property 4 as having 4 bedrooms when it had 3. A copy of the MLS for Comparable Property 4 is attached hereto and incorporated herein as Administrative Complaint Exhibit 4; D) Respondent misstated Comparable Property 3 as having 2 bathrooms when it had 2 and a half. A copy of the MLS for Comparable Property 3 is attached hereto and incorporated herein as Administrative Complaint Exhibit 5; and E) Respondent misstated in the Report that the Subject Property had been sold in the past 36 months when it hadn't. 9. In the Report, Respondent incorrectly listed his designation as ‘St. Cert. Residential REA’, which is not a valid abbreviation under the Florida Statutes and Rules. 10. Respondent falsely certified to the intended user of the HAFREABiparker.scott.doc 3 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint Report that he was aware of, and had access to, the necessary and. appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property was located. 11. Respondent stated in his Report that the property values were stable, which is inconsistent with his later statement in his Report that there were 23 comparable sales within the past twelve months and only 3 properties offered for sale. 12. In the Cost Approach section of the Report, Respondent used outdated Marshall & Swift cost data from December 2006. COUNT ONE 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 TWO Based upon the foregoing, Respondent is guilty of failing to use proper designation in violation of Rule 61J1-7.001, Florida Administrative Code and Section 475.622, Florida Statutes and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of failure to H:\FREAB\parker.scott.doc 4 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint retain records for at least five years of any contracts engaging the appraiser’s services, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing appraisal reports in violation of Section 475.629, Florida Statutes, and, therefore, in violation of Section 475.624(4), Florida Statutes. COUNT FOUR 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 this state or any other state, nation, or territory; or has violated a duty imposed upon him by law or by the terms of a contract, whether written, oral, express or implied, in an appraisal assignment in violation of Section 475.624(2), 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, H:\FREAB\parker scott.doc 5 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint 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 penaities 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 notice; or any combination of the foregoing which may apply. See Section 455.227, H:\FREAB\parker.scott.doc 6 FDBPR v. Scott Parker Case No. 2009009018 Administrative Complaint Fla. Statutes and Florida Administrative Code Rule 61J1-8.002. SIGNED this > day of vn atk, , 2010. CHARLIE LIEM, Interim Department/ of Busine ecretary eigh Blakeman ssistant General Counsel Fla. Bar No. 506877 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 3/1/10 PCP MEMBERS: FG/FO H:\FREAB\parker.scott.doc FDBPR v. Scott Parker Case No. 2009009018 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. H:\FREAB\parker.scott.doc 8 FROM: Aver Appraisals, Inc. P.O.Box 2627 Land O Lakes, FL 34639 Telephone Number: 813-854-9999 TO: Michele Eri Workman Mortgage 6450 Anderson Way Fax Number: 813-854-4076 INVOICE _ Anternal Order #: 802143K Lender Case #: Client File #: Main File #onform: 802143K IFile No, 80 [Page #4] Melbourne, FL 32940 Other File # on form: Telephone Number: (321)255-5367 dl Federal Tax ID: 51-0459592 Altemate Number: Mail: Employer ID: Lender: Workman Mortgage Client: Workman Mortgage Purchaser/Borrower: Yvonne Davis Property Address: 2774 Whistler St City: West Melbourne County: Brevard Legal Description: WESTBROOKE PHASE II LOT 143 BLK A Zip: 32904-7486 Summary Appraisal Report SUBTOTAL Date: 02/14/2008 Description: Payment received Description: Description: SUBTOTAL . : Form NIV5 — "WinTOTAL” appraisal software Oy a la OF eeae—rmecennne—-EXHIBIT #_O. PAGE # . _ 133 A Borrowar/Client__ Yvonne Davis File No. 802143K Address_2774 Whistler St State FL Zip Code_32904-7486 Workman Mortgage TABLE OF CONTENTS Suppiemental Addendum Additional Comparables 4-6 Subject Photos ...... Comparable Photos 1-3 Comparable Photos 4-6 Extra Photo Page 1 ADMINISTRATIVE COMPLAINT EXHIBIT # _ AGE oF fake Es Seca 4s Form TOCP — “WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE HIBIT ab PAGE# — [3 Uniform Residential A) Scott Parker raisal Report File # 802143K The purpose of this summary appraisal report is to provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject_proy Property Address_2774 Whistler St City West Melbourne Borrower Yvonne Davis Owner of Public Record Yvonne Davis State FL Zp Code 32904-7486 County Brevard Le Description WESTBROOKE PHASE f! LOT 143 BLK A RE. Taxes $_ 2,988.00 Census Tract 0650.21 $ 400.00 er f month Assessor's Parcel #_28/37/07/76/0000A.0-0143.00 Tax Year_2007 Neighborhood Name_Westbrooke Reference 37340 Occupant (