gm AR AT A . . ae ae ne NEE ES . wi Neticion of Administrative Hearings { { | STATE OF FLORIDA | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION re 42 pM. wt Time .. mers SS SS ' FLORIDA DEPARTMENT OF BUSINESS | pate 2 394. nen, AND PROFESSIONAL REGULATION, ee DIVISION OF REAL ESTATE, g Petitioner, O 0 “L, AS vs. FDBPR Case N° 99-81487 JESSE MILKES, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Jesse Milkes (hereinafter "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, in particular § 20.165, Fi la. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. | 2. Res ondent i is 5 and was at all times material hereto a lensed Florida real estate salesperson, issued license number 0657750 in accordance with Chapter 475, Fi la. Stat. 3. The last license issued was as a salesperson without a current employ and an address of 1135 NE 173" Street, Miami, Florida 33162. FDBPR v. Jesse Milkes Case No. 99-81487 Administrative Complaint 4. On or about October 7, 1997, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy of the application is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever . . . 6. Question 9 of the application asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld... .” 7. To question 9 of the application, Respondent replied “no 8. In reliance upon Respondent’s application, Petitioner issued a real estate salespersons license to Respondent. 9. On or about August 2, 1994, in Dade County, Florida, Respondent entered a plea of nolo contendere to one count of obstruction by a disguised person and one count of submitting false information in a driver’s license application, | both misdemeanors. Adjudication was withheld and Respondent ¥ was placed on 1 probation. A copy of the certified disposition i is ‘attached hereto, FDBPR v. Jesse Milkes Case No. 99-81487 Administrative Complaint incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, the Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of § 475.25(1)(m), Fla. Stat. COUNT II Based upon the foregoing, Respondent has failed to comply with the requirements of Fla. Admin. Code r 61J2-2.027(2) and therefore is in violation of § 475.25(1)(e), Fla. Stat, WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, 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, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 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, _Tegistrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla, Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed FDBPR v. Jesse Milkes Case No. 99-81487 Administrative Complaint 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 permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this_// if day of Febrar/ , 2000. Lal. By: Herbert S. Fecker, Jr. Director, Division of Real Estate Division 'Ssiona al R ‘oeulation 19) Fi 2a] E ation ! f Cal Estate ; FDBPR v. Jesse Milkes Administrative Complaint nae ATTORNEY FOR PETITIONER pole? Sunia Y. Marsh Florida Bar N° 0068896 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX SM/k PCP: DS/LJ 2/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, 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 proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; 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 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 Commissi ti questing 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. ¢ ; - FRAT ey, a RECEIVED act - 21997 ad L ESTATE DO NOT WRITE OR PRINT IN SPACE BELOW oii ve ce / Nat to be tilléd in by applicant QUAL. VERIFIED (“0-2 -97 ED. CRS Pep /0-lo -¢) EQUIV. ——S—S—_—APPROVED scuooy_£070/ DENIED . : peng vis win segnevnpeceannce ening DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : ‘ DIVISION OF REAL ESTATE ° Hurston North Tower, 400 W. Robinson St., P.O. Box 1900 Orlando, FL 32802-1900 ' (407) 245-0800 ; daha { i _~ -+- : Se neueaeh Rated eo fs APPLICATION FOR LICENSURE AS A REAL ESTATE SALESPERSON . zeoumen FEE$ 185.00 : (feolincludes first license) i Bid pom DO NOT SEND CASH - MAKE CHECKS PAYABLE YO: DIVISION OF REAL E: ATE ne : {Pate use & ae on INSTRUCTIONS: Type or print with black ink. Fill o} fy. Each question must be answered-and the necessary ~ documentation provided or the application will be returned to the appiicant. Attach additional pages as necessary. 1. Legal Name: Hi Kes NY § 2. Personal Mailing u2S ve [7 3 of Address: (number) (street) Miam, USA FI. _ $3162 a. ta You Residence 12s UE {73 Sh Address: (number) (street) Mi dm, USA FL. 33162 (b) Daytime Telephone No.:( S01) U4 - T7pc (Notity the Division of any permanent address change.) 4. Date of Birth: [j- 4 65 5. Place of Birth: A/ Y MY 6. (J Femaie [& male 7. Social Security No.: 2 3 ~ 7 ~ { bard Under the Federal Privacy Act, disclosure of Social Seciirty numbers is voluntar are mandatory pursuant to Title 42 United States Code, Sections 653 and 654: numbers are used to allow efficient screening of applicants and licensees by a Ti Security numbers must also be recorded on ail professional and eccupatio: Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec317. 8. fy Yes oO No Are you a high school graduate or the holder of an equivalency certificate? ADMINISTRATIVE, COMPLAINT EXHIBIT iG pA Ail ae 10. (J Yes OO Yes 11. [XJ Yes oO Yes ; s oO Yes 1 No A. No I No C1 No {1 No 2. oO Yes No 13. ( Yes 1 No no Tl no B.No Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any vio® n of the iaws of any municipality, courk state | or nation, including traffic offenses (but parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." lf you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. (a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10 (a) or (b) is "Yes" attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending.) (a) Have you, in this state, previously filed any application for licensure asa real estate salesperson? If so, state when; -\-4 Sse dy but Ke Fost Litensupe Course witien they (b) Have you failed any previous examination for licensure as a real estate salesperson in this state? it $0, state when; Have you ever been denied, or is there now pending a proceeding to deny your 1 application for a license, registration, or permit to practice any regulated profession, occupation or ‘vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? (a) Has any license, registration or permit to practice any regulated profession, occupation _ OF vocation been revoked, annulled or suspended i in this dr any other state, province, district, ory, Possession or nation, upon ‘grounds of fraudulent ¢ or dishonest dealing or violations “of jaw, or is any proceeding how pending? (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any reguiated profession, occupation or vocation while such charges were ; pending? ! (c} Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? i ~ (if your answer to questions 12 or 13 (a); (b) or (c) is the affirmative -"Yes" - attach a complete statement giving the name and address of the officer, board, commission, court - Or govemmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) Have you, in this state, operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate et. ie tect,’ or broker, within one year prior to the filing of this application when you were not, . in fact, the holden of a ‘valid, current license authorizing you to do so? TN EXHISIT 1 ~ od o- Oe PAGT vee cone ch Care as identification. 15. ‘oO Yes fA No Are you presently dectared mentally incompete~t b (hepditr answer is "Yes", attach a statement Sef, 16. (J ves & No Have you used, been known as or called by signed to the application. (if your answer is time and place where used). 47. fg Yes oO No (a) Are you a legai resident of Florida? YY any court? glVing the full details.) another name or alias other than the name yes, state name or names used, the period of (b) If your answer to question 17 (a) is "NO"; what state are you a iegai resident of? In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE iS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) | agree, by becoming the holder of a Florida real estate license, to sub: Business and Professional Regulation and the Division of Administrative H ! agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal. process. issued against me in any administrative or civil rved shail be’ valid and binding, which agreement is irrevocable. | the designation of the name and address of the person to whom action or proceeding in this state, and procés further agree to file with the Division of Real Estate earings, mit to the jurisdiction of the Department of which agreement is irrevocable. process served upon the Division Director is to be forwarded and to keep said designation current. ‘ 18. if you have held a license and resistin astaves! esti As a salesperson in (state) —— a ‘ate broker or salesperson in Florida or elsewhere, so state: 4-20 -IS As a broker in : - from license Number: 2 L OG 0113 4 - Name used SNe Fu. from _|~ | -9 4 to ce Milkes AFFIDAVIT OF APPLICANT State of Flo iene Reed further statements to the Division or its representatives, qualifications. The foregoing application was acknowledged before me this a e day of eplem\oc _ 94 by dese MW, \KeS> tYP® OF print name of epplicant who a known to me or who has profuced Orv 2c S Li Cense type of identification County of e ry ta) Dea @ h The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the Person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that ail orrect, and are as complete as his/her knowledge, information and that (s)(he) knows of no reason why this cover all amendments to this application or asions or mental reservations whatsoever: application should be denied; and (s)(he) further extends this affidavit to t by him/her in response to inquiries concerning his/her Signatur, appécant ' t IS IS AN APPLICATION TO TAKE THE STATE EXAMINATION FOR LICENSURE AS A REAL ESTATE SALESPERSON. HEN RECEIVED BY THE DIV’ ‘N OF REAL ESTATE THIS APPLICATION: “LL BE PROCESSED AND IF YOU ME! HE QUALIFICATIONS IN PSS 475.17 YOU WILL BE SCHEDULED THE SALESPERSON EXAMINATION PROCESSING TAKES APPROXIMATELY 30 TO 90 DAYS. HIS APPLICATION MAY BE FILED BEFORE OR AFTER COMPLETING THE PRELICENSURE EDUCATION COURSE. ONLY THE UNUSED PORTION OF YOUR APPLICATION FEE IS REFUNDABLE. IF YOUR APPLICATION IS PROCESSED AND YOU ARE SCHEDULED FOR THE EXAMINATION THE PROCESSING PORTION OF YOUR APPLICATION FEE JOT BE REFUNDED. : UPON PASSING THE EXAMINATION APPLICANTS WILL RECEIVE AN INACTIVE LICENSE, BUT MAY REQUEST AN ACTIVE LICENSE UPON SECURING EMPLOYMENT BY FILING FORM 400.5 WITH THE DIVISION OF REAL ESTATE IF YOU NEED TO START WORK IMMEDIATELY UPON PASSING THE EXAM, BRING A COMPLETED 400.5 FORM TO iF AN APPLICANT DOES NOT PASS THE LICENSING EXAMINATION WITHIN 2 YEARS AFTER THE SUCCESSFUL COURSE COMPLETION DATE, THE COURSE IS INVALID FOR LICENSURE. APPLICATIONS FOR LICENSURE MAY NO’ BE ACCEPTED BY THE DBPR IF RECEIVED LESS THAN 60 DAYS PRIOR TO THE END OF THE 2 YEAR PERIOD OF OURSE ELIGIBILITY. AN APPLICANT MUST SIT FOR AND PASS THE REAL ESTATE EXAMINATION BEFORE THE EXPIRATION DATE OF THEIR COURSE. THIS APPLICATION SHALL EXPIRE 1 YEAR FROM THE DATE RECEIVED IF THE APPLICANT FAILS TO TAKE THE APPROPRIATE EXAMINATION. NOTICE TO PERSONS WITH A DISABILITY If you have a disability and may require some accommodation in taking this examination, BE SURE to request, [| fill out, and return the "Request for Accommodation” form (DRE 701) along with your application. If accommodrtion is not requested in advance, we cannot guarantee the availability of accommodation. Anyone interested in obtaining a copy of the DRE 701 form may contact the Division of Real Estate at (407) 245-0800. sed ee a A, Ny oe”, *s, ) , wa he RECEIVED Mla 9 Go, ¥ “ph iy. MAR 15 1999 Teas %2 To : Dorothy Rohn & DIVISION OF REA. ESTAT: From : Jesse Milkes : 5 ¢ RE: Application for licensure 0 oO a“ / ? Date: 3-10-99 In reference to my application on question (9) answered “no”. I did answer this with “no” because it was a Drivers License issue and adjudication was withheld. I have attached a notarized statement that I received from the Miami Dade court house. It is very important to me that you realize I was in no way trying to hide or conceal anything from your office. I am an excellent Realtor Associate and would be giad to forward you any of my many references both, from clients and employers. If you have any other questions please do not hesitate to give me a call anytime. My daytime phone is (305) 463-8990 Home phone is (305) 463-8575 Pager (305) 334-3251 Sincerely, Ale Jesse 7 rans PAGE__-\ UE THE CTRCUTT AND COUNT NediRTS OF T2E ELEVENTH suDTerAL crecurt or FMA, TN AND FOR MEANT -DADE COUNTY RECEIVED 1, HARVEY RUVTH, CLERK OF THE CERCUTT ANN COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, (M AND FOR HTAHT-DADE COUNTY, BO HERERY CERTIFY MAR 15 1999 THAT & DILIGENT EXAKTNATTON OF THE FELORY FILES AND RECORDS TH HY OFFICE ; Ly : % REGARDING __ DIVISION OF REAL ESTATE 3 ao NAHE: NILKES, JESSE > wv DATE OF BIRTH: 14/09/85 Soe RACE: WHITE SEX: HALE Bese Ee) roa YEARS RESEARCHED 1994 - 1994 PEG PB e250 7, m7 S TH : Bde INDICATES THE FOLLOWING Fed = a) CAA CITATION! a ARREST =a PP CASE HUMBER DATE CHARGES OTSPOSTTTON DESEO DATE Retire t teste ir ESses SST isstsrti Tite retreatiT tT TTTeT ers TTT Test TAQI545 95/08/94 ORSTRT/DISGUISE FERS UH ADJ-PROB SP COND 98/02/94 DL APPL/FALSE INFO WH ADJ-PROB SP CORD 99/82/74 eet Liiitilii titi iit Tet ti cote rrrrersssireerrereer te rieer ree re tt Tres WETHESS NY HAND AND THE SEAL QF THE COURT AT MEANT, NIANT-DADE COUNTY, FLORIDA, THIS 88 DAY OF HARCK, 1999, BARVEY RUVIN, CLERK CIRCUIT AND COUNTY COURTS TH AND FOR MYAHT-BADE COUNTY, FILORIDA PAGE: 904 ayes IN AND FOR MIAMI-DADE COUNTY Ty HARVEY RUVIN. CLERK OF THE CIRCUIT ANID COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR MIAMI-DADE COUNTY. IG HEREBY CERTIFY THAT A DILIGENT EXAMINATION OF THE FELONY ANIL MISKEMEANOR FILES ANI RECORDS IN THE CIRCUIT AND COlTY COURTS OF THE ELEVENTH ."“NICIAL CIRCUIT OF FLORIDA , : ‘wad | t IN MY OFFICE REGARIUING! NAME! MILKES. JESSE DATE OF BIRTHS 11/09/1965 RACE? WHITE SEX! MALE YEARS RESEARCHED: 1988 ~ 1999 INDICATES THE FOLLOWING: CITATION ARREST CASE NUMBER LATE CHARGES DISPOSITION LISFO & BEGG GCIGCIC CCC COO SS CCCCICCIOCCCCI CCCI OSS O CCGG CICCIG ICO ICCC SOCIO GIO F94015415 05/08/1974 OBSTAT/DNISGUISE FERS WH ALDJ-PROB SF CON 08/02/1 DL APPL/FALSE INFO WH ADJ-FPROK SF CON 08/02/1 MBPOSO1L7S L2/0S/1989 U/C ISSUE/O-150 NOLLE FROS WITNESS MY HAND AND THE SEAL OF THE COURT AT MIAMI. MIAMI-DADE COUNTY. FLORIDA. THIS 14 GAY OF APRIL» L999, } ' FAC CIICIOIO IO GIGOCCCCCC CC OSCCISIOO CIC CCCC AC CACIOOCCCCCRCCC GOO IOC OCG OO IORI | PAGE! O01 EXHIBIT

Docket for Case No: 00-001258