O47 PL STATE OF FLORIDA ee DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA i IN Sony FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner, v. CASE NUMBER: 2009042204 MARK JAMES MACLAUGHLIN Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Appraisal Board against MARK JAMES MCLAUGHLIN (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed as Certified General Estate Appraiser in the State of Florida having been issued license #3053. 3. At all times material to this Complaint, Respondent’s address of record is 18 Allamanda Avenue, Key West, Florida 33040. 4. On or about March 2, 2009, Respondent developed and communicated an appraisal report (Report) for the property commonly known as 2318 Pensacola Road, Big Pine Key, FL 33043 (Subject Property), and estimated its value at $258,000 4 ‘ effective as of March 2, 2009. 5. A copy of the Report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Respondent failed to include analysis in the report of the necessity of positive square footage adjustments to comparables three (3) and four (4) in comparison to the subject property. 7. Respondent failed to note in the report Comparable’s 1 attached garage. 8. Respondent failed to adjust or explain why no adjustment was necessary for the above ground pool for Comparable 3. 9. Respondent failed to adjust or explain why no adjustment was necessary to Comparable 1 even though the closing date was over 90 days from the effective date of the appraisal. 10. Respondent failed to include documentation to support site value opinion. 11. Respondent failed to timely notify the department of a change of business location. 12. Respondent failed to disclose all business locations from which he operates as a certified general appraiser. 13. Respondent failed to furnish in writing a firm or business name under which he operates in performance of appraisal services to the Department. “ 14. Respondent purposely ended a telephone conversation when two agents, acting under the authority of Florida statutes, Section 475.626(1) (£), were performing a lawful investigation. COUNT ONE 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as 7 if fully set forth herein. 16. Section 475.624 (15), Florida Statutes, subjects a real estate licensee to discipline for failing to use reasonable diligence in developing an appraisal or preparing an appraisal report. 17. As set forth above, Respondent failed to exercise reasonable diligence, in one or more of the following ways: a) failed to include analysis in the report of the necessity of positive square footage adjustments to comparables three (3) and four (4) in comparison to the subject property. b) failed to note in the report the attached garage of comparable one (1). c) failed to note or adjust in the report for the pool for Comparable three (3). d) failed to adjust or explain why no adjustment was necessary to Comparable one (1) even though the closing date was over ninety days ‘ from the effective date of the appraisal. e) failed to include supporting documentation for site vale opinion. 18. Based on the foregoing, Respondent violated Section. 475.624(15), Florida Statutes, by failing to use reasonable diligence as stated in the above-referenced errors or omissions. COUNT THO 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs eleven (11) and twelve (12) as if fully set forth herein. 20. Section 475.624(18), Florida Statutes, subjects a real estate licensee to discipline for failing to timely notify the department of any change in business location, or failing to fully disclose all business locations from he operates as a certified general appraiser. 21. As set forth above, Respondent failed to timely notify the department of a change of business location. 22. In addition, Respondent failed to disclose all business locations from which he operates as a certified general appraiser. 23. Based on the foregoing, Respondent violated Section 475.624 (18), Florida Statutes, by failing to notify the Department of the changes of the business locations. COUNT THREE 24. Section 475.623, Florida Statutes, requires a real estate licensee to furnish in writing each firm or business name under which he performs appraisal services. 25. Respondent has not furnished in writing a firm or business name with the Petitioner. : 26. Based on the foregoing, Respondent violated Section /475.623 by not furnishing to the Department any firm or business name under which he performs appraisal services. COUNT FOUR 27. Section 475.626(1) (2), Florida Statutes, subjects a real estate licensee to discipline when the licensee hinders or obstructs the performance of any lawful duty. 28. Respondent purposely ended a telephone conversation when two Department agents, acting under the authority of Florida statutes, Section 475.626(1) (f£), were performing a lawful investigation. 29. Based on the foregoing, Respondent violated Section 475.626(1) (f), Florida Statutes, when the Respondent purposely ceased communication with the Department agents. WHEREFORE, Petitioner respectfully requests that thé Florida Real Estate Appraisal Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, imposition of investigative costs, or any other relief that the ' Board deems appropriate. ‘ SIGNED this _\? day of Sucee , 2010. CHARLIE LIEM, Interim Secretary Department of Business and nal Regulation le Victoria McLaren Assistant General Counsel Florida Bar No. 0011310 Department of Business and Professional Regulation Office of General Counsel 400 W.Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile Danertment of Business & Professional & DIVISION GF REAL ESTATE SHED , vo bn, PCP Date: 06/9/2010 PCP MEMBERS: CW/FG 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. File No.: 288623 All Keys Appraisal Company, Inc. Date of Valuation: March 02, 2009 Located At: 2318 Pensacola Rd Bk Lts 5, 6, & 7 Pine Heights Sub PB3-164 Big Pine Key Big Pine Key, FL 33043-6322 4 For: . JP Morgan Chase Bank, NA 1111 Polaris Parkway, Table of Contents: Letter of Transmittal URAR Additional Comparables 4-6 .. Building Sketch (Page - 1) Subject Photos Subjact Photos Subject Photos Interior Subject Photos Interior Comparable Photos 1-3 Comparable Photos 4-6 Plat Map Flood Map Location Map * Invoice .. ADMINISTRATIVE COMPLAIN EXHIBIT # All Keys Appraisal Company (305) 296-9255 Form TCG — "TOTAL for Windows" appraisal software by a la mode, inc. — 1-800-ALAMODE All Keys Appraisal Company, Inc. 1010 Kennedy Drive, Suite 306 Key West, FL 33040 March 03, 2009 JP Morgan Chase Bank, NA 1111 Polaris Parkway, 2318 Pensacola Rd Big Pine Key, FL. 33043-6322 Bergh 288623 in accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simpie title of ownership. This report Is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact Te or any of my staff if we can be of additional ¥ service to you. Sincerely, AgQMutO._ jcLaughlin, St.Cert.Gen.REA RZ 3053 (File No. 288623] Page #2) Uniform Residential Appraisal Report Fe 288600 jpraisal report is to provide the jender/ciient with an accurate, and adequately supported, opinion of the market value of the subject prone Al Keys Appraisal Company (305) 296-9255 The purpose of this sur Property Address_2318 Pensacola Rd City Big Pine Key State FL Zp Code_33043-6322 Borrower Bergh Owner of Public Record Bergh County Monroe Legal Description Bk Lts 5, 6, & 7 Pine Heights Sub PB3-164 Big Pine Key Assessor's Parcel #_00261700-000000 Tax Year_2008 RE Taxes $ 958.82 Neighborhood Name Pine Heights Map Reference 66-29-15 Census Tract 9714.00 Occupant [X} Owner (_] Tenant Vacant Special Assessments $0 PUD HOA $ er year jer month +4 Property Rights Appraised [X] Fee Simple Leasehold Other (describe) Assignment Type Purchase Transaction [X] Refinance Transaction Other (describe) Lender/Client__JP Morgan Chase Bank, NA Address _1111 Polaris Parkway, Is the subiect proper offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? Yes No Report data source(s) used, offering price(s), and date(s). MLS; Public Records 1 (9 did did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was nat performed. Property is not under contract. ee F Pq Contract Price $ N/A Date of Contract N/A. {s the property seller the owner of public record? Yes No Data Source(s) z {s there any financial assistance (loan charges, saie concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? if Yes, report the total dollar amount and describe the items to be paid. N/A Ci ves (i No “re Nelat aratteris oe i Se eri One oe Present z Location _[_} Urban Suburban Rural Property Values [| Increasing Stable DJ Declining PRICE One-tnit 85 % Py Buit-Up (_] Over 75% 5x) 25-75% — [_] Under 25% | Demand/Suppi Shortage In Balance (J Over Sup $ (000 fs) | 2-4 Unit. § % =) Growth Rapid Oj Stable [J Siow [Marketing Time [_} Under 3 mths [_] 3-6 mths Over Smihs | 200 Low New {Multi-Family — 0% eq Neighborhood Boundaries The subject is on an !siand in the Florida Keys connected the Overseas 1,850 High 60 __{ Commercial 5% Ba Highway (US 1); mm _30. North & west is the Florida and south & eastis US 1 & the Atlantic 350__ Pred 20 | Other 5% Neighborhood Descriptic and early 70's and are in average to good condition. Emy The subject's immediate neighborhood consists of dry lot and canal front homes. Most homes were built in the 50's, 60's ent, shopping, and schools are nearby. Market Conditions (including support far the above conclusions} The subject is located in a declining market in the Florida Keys. Over supply of one unit housing combined with lack of demand and funding sources has increased marketing times for similar properties. Marketing time for similar. roperties at or near market value is 24-26 months based upon marketing time data in the local MLS. Dimensions Approximately (See Plat} Afea_ 12,052 Sq. Ft. Shape_Rectanguiar Specific Zoning Classification ACCC. Zoning Description Area of Critical County Concem Zoning Compliance D<] Legal [-] Legal Nonconforming (Grandfathered Use) {| No Zoning [_] Megal (Gescrite) View Street/Woods Is the highest and best use of subject property as improved (or as proposed per plans and specifications) the present use? Yes No__ff.No, describe Utilities Public _ Other (describe) Public Other (describe) Off-site improvements ~ Public Private Electricity Xf Water oO Strest_Asphalt Gas &] Propane; Typical Sanitary Sewer Septic/Typical Alley None FEMA Special Flood Hazard Area J Yes (| No FEMA Flood Zone AE FEMA Map #_12087C1309K Are the utilities and off-site improvements typical for the market area? ——“X] Yes__[_J No_ If No, describe Are there any adverse site conditions or extemal factors (easements, encroachments, environmental conditions, land uses, etc)? Yes [XJ No_ If Yes, describe No adverse conditions were noted. No survey was provided at the time of inspection. Septic systems are typical and do not adversely affect FEMA Map Date 2/18/2005 marketabil ‘General Description Se Founda 2 Exterior Descript materials /condition | Interior: dition ne with Accessory Unit |[_] Concrete Slab ><] Craw! Space Foundation Walls Concrete/Ave Floors Carpet;Wood/Good Two Full Basement Partial Basement_ | Exterior Walls Frame/Ave Walls Drywail/Good Type (XJ Det. (J At. [| $-Det/end Unit [Basement Area None_sq.ft.|Roof Surface Shingle/Ave [TrityFinish__ Wood/Good Existing Proposed (_] Under Canst| Basement Finish None __% (Gutters & Downspouts Overhang/None. Bath Floor __Tile/Good Design (Style) Custom; Split Levet|f_] Outside Entry/Exit_ {7 Sump Pump __|Window Type Aluminium SH /Ave__|Bath Wainscot TileWainscot/Good Year Built 1981 Evidence of Infestation Storm Sastvinsulated_Bahama Shutters/Av jCar Storage None Effective Age 10 Oampness Settlement ‘Screens Yes/Ave Driveway _# of Cars 2 Attic None Heatit PNA HWBB Radiant] Amenities Woodstove(s) #___{Dri Surface Gravel Orop Stair Stairs Other Fuel_ Electric Fireplace(s) # Fence Chain Link |] Garage # of Cars Floor Od Scuttle Cooling (_} Central Air Conditionin Patlo/Deck Wood [X] Porch E: Camort___# of Cars Finished [j Heated Individual Wall [J Other_C-Fans Pool Other Att Det. Buit-in ances XJ Refrigerator Dx] Range/Oven Dishwasher Disposal Microwave Washer/Dryer Other (describe) Finished area above grade contains: 4 Rooms 1 Bedrooms 1.5 __Bath(s) 1,008 Square Feat of Gross Living Area Above Grade fe} Additional features (special efficient tems, etc.). The subject features window wall units, ceiling fans, carpet and_wood floor coverings, and formica 4 counter tops, wood cabinets, wood deck, balcony and out door shower. Describe the condition of the proy including needed repairs, deterioration, renovations, remodeling, atc.). The subject is average Frame Custam Split Level construction. The subject has been adequately maintained with some updating throughout the years. No signs of deferred maintenance was noted ‘There are no rooms or GLA below grade. The subject is a split level home with three levels, all above grade. The sketch includes the first two levels as first floor and the third level as second floor for simplicity of the rendering. Are there at sical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? Yes