Date 1/19/2021 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2020-042665 JOHN P. TROYAN II, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Appraisal Board, against Respondent, JOHN P. TROYAN II (“Respondent”), and alleges: L. 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 general real estate appraiser in the State of Florida, having been issued license number RZ 2013. 3. Respondent’s address of record with Petitioner is 5001 N. Dixie Hwy, Boca Raton, Florida 33431. 4. On or about July 16, 2019, with an effective date of July 16, 2019, the Respondent developed and communicated an appraisal report (“Report”) for property commonly known as 2110 NE 39" St., 6A, Ft. Lauderdale, Florida 33308 (“Subject Property”). FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetis Lawson-Proctor a. Respondent made one or more of the following errors, omissions, or misrepresentations in the Report: a. b. Respondent improperly used FNMA form 1073; Respondent fails to use the proper certification designation; Respondent incorrectly identifies the owner of Subject Property; Respondent incorrectly identifies the borrower; Respondent incorrectly states the purpose of the assignment as a purchase transaction; Respondent incorrectly states the sale date of Comparable Sale 1; Respondent did not perform an interior inspection; Respondent improperly certifies an interior inspection was performed; Respondent does not disclose and interior inspection was not performed; Respondent incorrectly states Subject Property features a golf course view; and/or In adjusting for proximity to golf course, Respondent applies adjustment(s) for view, rather than location. COUNT ONE 6. This is an action for violation of Section 475.622(1), Florida Statutes. lis Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through five (5). 8. Section 475.622(1), Florida Statutes, subject a licensee to discipline if he or she fails to “ place her or his registration, license, or certification number adjacent to or immediately beneath the designation ‘state-registered trainee real estate appraiser,’ ‘state-licensed real estate appraiser,’ ‘state-certified residential real estate appraiser,” or ‘state-certified general real estate appraiser,’ or their appropriate abbreviations as defined by rule, as applicable, when such term is used in an appraisal report or in a contract or other instrument used by the appraiser in conducting real property appraisal activities. The applicable designation shall be included in any newspaper, telephone directory, or other advertising medium, as defined by rule, used by the appraiser.” 9, Based on the foregoing, Respondent violated Section 475.622(1), Florida Statutes. COUNT TWO 10. This is an action for violation of Section 475.624(4), Florida Statutes, through a violation of Florida Administrative Code Rule 61J1-9.001. 11. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through five (5). 12. Section 475.624(4), Florida Statutes, subjects a real estate appraiser licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 13. Florida Administrative Code Rule 6151-9.001 provides that all appraisers “shall comply with the 2018-2019 Uniform Standards of Professional Appraisal Practice (USPAP), effective January 1, 2020, which is incorporated by reference.” 14. _ Respondent violated one or more of the following USPAP provisions: a. USPAP Standards Rule 1-1{a)(c); b. USPAP Standards Rule 1-2(a)(b)(e)(v); c. USPAP Standards Rule 1-4(a)(b)(c); d. USPAP Standards Rule 2-1(a)(b)(c); e. USPAP Standards Rule 2-2(a)(i)(ii); f. USPAP Ethics Rule; and/or g. USPAP Scope of Work Rule. 15. Based on the foregoing, Respondent violated Section 475.624(4), Florida Statutes, through a violation of Florida Administrative Code Rule 61J1-9.001. 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 patagtaphs one (1) through five (5). 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(4), 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 7" day of January, 2021. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/Mackenzie K. Medich Mackenzie K. Medich Assistant General Counsel, Division of Real Estate Florida Bar No. 289198 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399-2202 (850)717-1722 Mackenzie.Medich@MyFloridaLicense.com PCP Date: 1/7/2021 PCP Members: Oreto/McKee 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: 21-000944PL