FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 8/27/2020 STATE OF FLORIDA Pale DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2020-015634 FLOYD J. KENYON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation (‘‘Petitioner”) files this Administrative Complaint before the Florida Real Estate Appraisal Board, against Respondent, Floyd J, Kenyon (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate appraisal 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 a state certified residential real estate appraiser in the State of Florida, having been issued license number RD 1582. 3. Respondent’s address of record with Petitioner is 5744 Liatris Circle, Sarasota, Florida 34238. 4, On or about March 27, 2020, with an effective date of March 21, 2020, Respondent developed and communicated an appraisal report (“AR”) for property commonly 4090 West Gulf Drive, Sanibel, Florida 33957 (“Subject Property”), with an opinion of market value of $1,065,000. Report: Respondent made one or more of the following errors or omissions in the In the Additional Comments section of the Report, Respondent stated that Subject Property is located nearby his office; however, Subject Property is approximately ninety (90) miles from Respondent’s office; In the Cost Approach Section of the Report, Respondent cited Marshall & Swift as a source for his value conclusion but the workfile does not contain Marshall & Swift cost sheets or a reference to their location; The Report’s effective date was March 21, 2020; however, Respondent did not personally inspect Subject Property until March 27, 2020; . Inthe Additional Comments Section of the Report, Respondent stated that the “sun room” was not included in Subject Property’s GLA, but was given value; however, there was no “sun room” adjustment to any of the comparable properties; In the Sales Comparison Approach Section of the Report, Respondent failed to adjust comparable #1 for site size; Respondent accessed Subject Property without the owner’s knowledge; In the Sales Comparison Approach Section of the Report, Respondent’s workfile does not contain adequate data, information, or documentation to support the view adjustment for comparable #1; . In the Sales Comparison Approach Section of the Report, Respondent’s workfile does not contain adequate data, information, or documentation to support the upgrade adjustment for comparable #1; In the Sales Comparison Approach Section of the Report, Respondent’s workfile does not contain adequate data, information, or documentation to support the view adjustment for comparable #2; and, or j. In the Sales Comparison Approach Section of the Report, Respondent’s workfile does not contain adequate data, information, or documentation to support the upgrade adjustment for comparable #3. COUNT ONE 5. This is an action for violation of Section 475.624(4), Florida Statutes. 6. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through four (4). 7. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she “{hjas violated any provision of this part or any lawful order or rule issued under this part or Chapter 455.” 8. Florida Administrative Code Rule 61J1-9.001 provides that all appraisers “shall comply with the 2018-2019 Uniform Standards of Professional Appraisal Practice (USPAP), effective January 1, 2018, which is incorporated by reference.” 9. Respondent violated one or more of the following USPAP provisions: a. Record Keeping Rule; b. Ethics Rule; c. USPAP Standards Rule 1-1(a); d. USPAP Standards Rule 1-1(b); e. USPAP Standards Rule 1-1(c); f. USPAP Standards Rule 1-4(a); and, or g. USPAP Standards Rule 2-1 (a); 10. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes. COUNT TWO 11. This is an action for violation of Section 475.624(4), Florida Statutes. 12. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through three (3), and paragraph four (4) subparts a - c. 13. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she “{hjas violated any provision of this part or any lawful order or rule issued under this part or Chapter 455.” 14. Section 455.227(1)({m), Florida Statutes, in relevant part subjects a licensee to discipline for “making. ..untrue...representations in or related to the practice of a profession...” 15. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes. COUNT THREE 16. This is an action for violation of Section 475.624(15), Florida Statutes. 17. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through four (4). 18. Section 475.624(15), Florida Statutes, subject a licensee to discipline if he or she “{hjas failed or refused to exercise reasonable diligence in developing an appraisal or preparing an appraisal report.” 19. Based on the foregoing, Respondent violated Section 475.624(15), Florida Statutes. COUNT FOUR 20. This is an action for violation of Section 475.624(4), Florida Statutes through a violation of Section 475.679, Florida Statutes. 21. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through three (3) and paragraph four (4) subparts b, and f - j. 22. Section 475.624(4), Florida Statutes, subject a licensee to discipline if he or she “[h]as violated any provision of this part or any lawful order or rule issued under this part or Chapter 455.” 23, Section 475.629, Florida Statutes Florid provides that all appraisers “prepare and retain a work file for each appraisal...” and that “[t]he work file must contain original or true copies of...supporting data assembled and formulated by the appraiser...in preparing appraisal reports...” 24. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes through a violation of Section 475.629, Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Real Estate Appraisal 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 Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. Signed this 20th day of August, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/Delhon Braaten Delhon Braaten Assistant General Counsel, Division of Real Estate Florida Bar No. 1019342 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399-2202 (850)717-1232 Delhon.Braaten@MyF loridaLicense.com PCP Date: 08/04/2020 PCP Members: Oreto/Herndon NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross- examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 20-004970PL