STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO! FLORIDA REAL ESTATE COMMISSION Mees FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O a | 119 Pe vs. FDBPR Case N° 20011531927 MARY S. OLIVER MILLER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Mary S. Oliver Miller (“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 Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 373337 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive broker at 1381 Navigator Road, Punta Gorda, Florida 33983. FDBPR vs Mary S. Oliver Miller FDBPR Case N° 2001531927 Administrative Complaint 4. On or about June 1, 1999, through December 13, 2001, Respondent was the rental manager for Sarasota Realty Group (SRG). 5. On or about June 1, 1999, Respondent entered into a property management agreement (“Agreement”) with Harold Leenen and Sabine Konrad (“Owners”). 6. The Agreement called for a rendering of monthly statements to the Owners of said property. 7. Respondent failed to provide monthly statements to the Owners. 8. The Agreement called for Respondent to deposit monies in the Owners account and manage the property. 9. The Agreement called for Respondent to disburse funds from the account in such amounts and at such times for obligations, liabilities, costs, expenses and fees arising on account or in connection with the Agreement. 10. Respondent failed to disburse such funds for obligations which occurred on or about May 11, 2001 for Progressive Pool Repair and Leak Specialists, Inc. COUNT I Based upon the foregoing, Respondent 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 Section 475.25(1)(b), Florida Statutes. FDBPR vs Mary S. Oliver Miller FDBPR Case N° 2001531927 Administrative Complaint COUNT II Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. 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 of the Florida Statutes, 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 Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 FDOBPR vs Mary S. Oliver Miller FDBPR Case N° 2001531927 Administrative Complaint 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 Section 455.227, Florida Statutes (2001) and Flonda Administrative Code Rule 61J2-24.001. SIGNED this /% day of { yi @ , 2002. Dep nt of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER James P. Harwood t Professional Ragnilatiog . ° Division of Real Estate. Florida Bar N° 0425941 Departmont of oy ee Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 802 Hurston Bldg. North Tower: 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX FDBPR vs Mary S. Oliver Miller FDBPR Case N° 2001531927 Administrative Complaint PCP: NM/PH 12/02 NOTICE TO RESPONDENTS 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 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, Florida Statutes; 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.

Docket for Case No: 03-001719PL