: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. DBPR Case N° 99-82143 FLINT EDWARD FLEMING, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Flint Edward Fleming (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 pros ect e Administrative ‘Complaints pursuant to the laws of the State of Florida, i in partic promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 06365 90 in accordance with Chapter 475, Fla. Stat. “3. The last license issued was as an involuntary inactive salesperson at 1014 Tumalo Trail, Madison, Wisconsin 53711. fee Si, and the rules Lge weer ee ~ FDBPR v. Flint Edward Fleming Case No. 99-82143 Administrative Complaint . 4. On or about December 30, 1998, Petitioner served upon Respondent a Uniform Disciplinary Citation for failure to notify Petitioner of a change in mailing address, in violation of Fla. Admin. Code R. 61J2-10.038. Copies of the citation and certified mail receipt are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. The citation directed Respondent to pay a penalty of $100.00. 6. The citation advised Respondent, in part: IF YOU DO NOT DISPUTE THE CITATION WITHIN THIRTY (30) DAYS OF SERVICE, THE CITATION AUTOMATICALLY BECOMES A FINAL ORDER OF THE BOARD. IN ORDER TO DISPUTE THIS CITATION, YOU MUST DO SO IN WRITING, BY CERTIFIED MAIL, ENCLOSING A COPY OF THE CITATION. 7. The citation also advised Respondent: YOU HAVE A TOTAL OF SIXTY (60) DAYS FROM THE DATE THIS CITATION WAS SERVED UPON YOU TO PAY THE FINE AND COSTS SPECIFIED. THIS CITATION : AUTOMATICALLY BECOMES A FINAL ORDER OF THE » BOARD IF YOU DO NOT DISPUTE THE CITATION WITHIN - THIRTY (30) DAYS OF THE DATE THIS CITATION WAS “ SERVED UPON YOU. AS A FINAL ORDER: THE FINE AND © COSTS SHALL BE DUE TO THE BOARD WITHIN THIRTY (30) DAYS OF THE DATE OF THE FINAL ORDER. AFTER THIS CITATION HAS BECOME A FINAL ORDER, FAILURE TO PAY THE FINE AND COSTS SPECIFIED CONSTITUTES A VIOLATION OF A FINAL ORDER OF THE BOARD AND MAY SUBJECT YOU TO FURTHER DISCIPLINARY ACTION. seccengteege ree coe creo eR FDBPR v. Flint Edward Fleming Case No. 99-82143 Administrative Complaint 8. Respondent did not dispute the citation. 9. The citation became a final order of the Florida Real Estate Commission. 10. Respondent failed to pay the $100.00 penalty. COUNT I Based upon the foregoing, the Respondent is guilty of having violated a lawful order of the Florida Real Estate Commission in violation of § 475.42()(e), Fla. Stat. and therefore 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, registrant or permitee to complete a and p 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, Fila. Stat., depending upon the severity of the offense(s), include: revocation of the license, ee FDBPR v. Flint Edward Fleming Case No. 99-82143 Administrative Complaint 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 Rule 61J2-24.001, Fla. Admin. Code. SIGNED this “oe day of Mp huf , 2000. Department of Professional Regulation - PILED By: Herbert S. Fecker, Jr. Regul ation Director, Division of Real Estate ‘ savtment of Profession te PEP e i pivision of Real FS ATTORNEY FOR PETITIONER : r = yp nn Andrea Perkins Giek to Florida Bar N° 0943053 glx Senior Attorney Department of Business and Professional Regulation, .. Legal Section - Suite N 308 Hurston Bldg. North Tower ; : 400 West Robinson Street i Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Flint Edward Fleming Case No. 99-82143 Administrative Complaint AP/k PCP: TR/JR 4/00 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 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 Commission 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. ‘ t i i

Docket for Case No: 00-002427