STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS ty % , vv as My, € hy, GULATIO¥ ~ 7 AND PROFESSIONAL REGULATION, CO \42 DIVISION OF REAL ESTATE. Petitioner. vs. FDBPR Case N° 99-82989 DAVID PHILLIP JONES AND MCCALL REALTY & INVESTMENT, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulati Estate (hereinafter "Petitioner’) files this Administrative Complaint agains 99-83229 on. Division of Real t David Phillip Jones and McCall Realty & Investment. Inc. (hereinafter Respondents") 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, Fla. Stat., Chapters 120, 455 and 475, F; promulgated pursuant thereto. 2. Respondent David Phillip Jones is and was at all times material Florida real estate broker, issued license number 0424869 in accordance w a. Stat.. and the rules hereto a licensed th Chapter 475, Fla. Stat. The last license issued was as a broker c/o McCall Realty & Investment. Inc., 6408 Highway 90 #4, Milton, Florida 32570. FDBPR vs David Phillip Jones FDBPR Case N°? 99-82989 Administrative Complaint i 3. Respondent McCall Realty & Investment, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 0196907 in accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 6408 Highway 90 #4, Milton, Florida 32570. +. Atall times material hereto, Respondent David Phillip Jones was licensed and operating as qualifying broker and officer of Respondent McCall Realty & Investment, Inc. 5. On or about July 15, 1999, Petitioner’s investigator conducted an office inspection and ! trust account audit at the office of Respondents. A copy of the Office inspection & Escrow/Trust | Account Audit Form is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. | 6. On or about June 30, 1999, in Respondents’ seeurity deposit escrow account (#1113893 First National Bank of Florida). the total trust lability equaled $18,155.50 and the | reconciled bank balance equaled $2,049.85. resulting in a shortage of $16,105.65. | 7. In Respondents’ written statement-reconciliations for January to June 1999, | Respondents labeled shortages “deposits in transit” in order to balance the account. 8. On or about June 30, 1999, in Respondents’ rental distribution escrow account (#1100304 First National Bank of Florida). the total trust liability equaled $17,688.57 and the reconciled bank balance equaled $6,622.78. resulting ina shortage of $11,065.79. 9. In Respondents’ written statement-reconciliations for January to June 1999. FDBPR vs David Phillip Jones FDBPR 7 N* 99-82989 Administrative Complaint fi iw w Respondents labeled shortages “deposits in transit” in order to balance the account. COUNT I Based upon the foregoing, Respondent David Phillip Jones is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1)(k). Fla. Stat. (1997). COUNT II i Based upon the foregoing, Respondent McCall Realty & Investment. Inc. is guilty of failure to | maintain trust funds in the real estate brokerage escrow bank account or some other proper depository | until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat. (1997). COUNT III Based upon the foregoing, Respondent David Phillip Jones is guilty of failure to properly prepare the required written monthly escrow statement-reconciliations in violation of Fla. Admin. Code R. 61J2-14.012(2) and (3) and is, therefore, in violation of § 475.25(1)(e), Fla. Stat. COUNT IV Based upon the foregoing, Respondent McCall Realty & Investment, Ihc. is guilty of failure to properly prepare the required written monthly escrow statement-reconciliations in violation of Fla. Admin. Code R. 61J2-14.012(2) and (3) and is, therefore. in violation of § 475.25(1)(e), Fla. Stat. COUNT V Based upon the foregoing, Respondent David Phillip Jones is guilty of fraud. misrepresentation, FDBPR vs David Phillir Jones FDBPR 23 Administrative Complaint @ N° 39-82989 w concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of § 475.25(1)(b). Fla. Stat. COUNT VI Based upon the foregoing, Respondent McCall Realty & Investment. Inc. is guilty of fraud, misrepresentation, concealment, false promises. false pretenses, dishonest dealing by trick. scheme or device, culpable negligence. or breach of trust in any business transaction in violation of § 475.25(1)(b), 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, registrant 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 R. 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of FDBPR vs David Phillip Jones FDBPR Case N° 99-82989 Administrative Complaint 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 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 R. 61J2-24.001), Fla. Admin. Code. SIGNED this Lhe kt day of ef a , 2000. Professional Regulation By: Herbert S. ack Jr. Director, Division of Real Estate i Roguiatien FDEP vs David Phillip Jones Administrative Complaint NPC k PCP: matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; th at your option and expense, to be represented by counsel or other qu DS/ LJ 2/00 FDBPR Case N° 99-82989 ATTORNEY FOR PETITIONER Nancy P. Campiglia Florida Bar N° 01642. Senior Attorney 59 Department of Business and Professional Regulati Legal Section - Suite on, N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando. Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX 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 a you have the right, lified representative in this matter; and that you have the right. at your option and xpensf to take testimony, to call and cross-examine witnesses, and to have subpoena and subpo issued on your behalf if a formal hearing is requested. na duces tecum PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twentv-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an VU Y FLORIDA DEPARTMENT OF BUSINESS AND PROFES DIVISION OF REAL ES Phillie Tow n M BROKER LICENSE? TZ 67 BROKER LICENSE # BROKER | BROKERLICENSE# —sSS tt | # NAME OF BROKERAGE Reality © Ladin LICENSE # OF BROKERAGE 2 o19690 STREET ADDRESS 6YOk OFFICE (RULE 61J2-10.022 & .023) REQUTRED OFFICE SIGN (RULE 61J2-10.024) AGENCY OR TRANSACTION BROKER DISCLOSURE (RULE 61J2-10.036 & 037) STATEMENT RECONCILIATIONS (RULE 61J2-14.012) SALES: TOTAL TRUST LIABILITY RECON, BANK BALANCE (SHORT/OVER) AMOUNT SECURITY DEPOSIT: TOTAL TRUST LIABILITY RECON BANK BALANCE (SHORT/O¥ER) AMOUNT RECON BANK BALANCE (SHORT/O¥ER) AMOUNT HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE ALL RECORDS PERTAINING TO MY S.ALES ESC. PROPERTY \“LANAGEMENT ACCOUNT(S) HAVE BEEN PROVIDED TO THE INVESTIGATOR. THE ABOVE VIOLATION: Doctien a THOROUGHLY EXPLAINED, | WILL TAKE CORRECTIVE ACTION WITHIN Dr AND PROV NTATION OF THE CORRECTIVE ACTION TAKEN. De Z. ee AM — N a _ IONAL REGULATION ATE OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM be OW TRUST ACCOUNT(S) AND MY RENTAL WERE BROUGHT TO MY ATTENTION THIS E DBPR WITH PHOTOS, SKETCHES AND 4 21S “i ag 1-15-45 CITATION ISSLED veg NO: _ NOTICE OF NONCOMPLIANCE YES tA SONATURE OF BVESTIGATORE™ SSS vam COMPLAINT DOCKETED /YES JNO Oe ~~ Pursuam tos, +55.225 (3), F.S.. the Commussion sets forth ruies winch are considered minor violations 1ur which the DBPR shali p: ‘folation of a rule is considered minor violation, U it does not resuit in economic or physical harmtoa person or adverseiy affect the babs threat of such harm. Th be issued for VIOLATION: vide a i:censee with a notice of noncompiiance.. A blic heath. sary, or welfare or create a ugnificam. ‘MITIVFLD OFFICE Low.nDQ

Docket for Case No: 00-001427