STATE OF FLORIDA IS SEP -b 1:42 . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003001181 ALAN J. NEWMARK, . OS - 23328 Respondent. ‘ / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Alan J. Newmark (“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 tules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 630384 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Sunrise Realty, Inc., 230 South Cypress Road Suite L, Pompano Beach, Florida 33060. FDBPR vs Alan J. Newmark FDBPR Case N° 2003001181 Administrative Complaint 4. On or about July 30, 2002, Respondent facilitated a residential sales and purchase agreement between Buyer, Peggy Considine, and Seller, Barbara Hanshaw, for property commonly known asi907 Ware Circle, West Palm Beach F1, 33409. 5. The sales and purchase agreement indicated that a $5,000 deposit would be held in escrow with Approved Title. 6. Between July 30, 2002, and September 5, 2002, Respondent submitted to the Seller or to the Seller’s agent, Ida Robbins, photocopied checks totaling $5,000. 7. The checks Respondent submitted to Ida Robbins were made out to: Abstract Title. 8. On or about March 26, 2003, Respondent informed Petitioner’s Investigator that Respondent informed Ida Robbins that the photocopied checks were not going to be good until the closing of the property. 9. Atall times relevant to the previously mentioned transaction, Respondent knew the checks’ were not good. 10. At all times material to the relevant transaction, Respondent failed to inform Ida Robbins that the checks were not good. 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 Alan J. Newmark FDBPR Case N° 2003001181 Administrative Complaint COUNT II Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)(), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of intentionally violating any rule adopted by the Commission or the department in violation of Section 455.227(1)(b), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding violation of Section 455.227(1)(r), 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 3 FDBPR vs Alan J. Newmark FDBPR Case N° 2003001181 Administrative Complaint 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 ofa 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 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 Florida Administrative Code Rule 61J2-24.001. FDBPR vs Alan J. Newmark FDBPR Case N° 2003001181 Administrative Complaint SIGNED this Zhi of , 2005. - and Professional Regulation Department of FILED By: epariment of Professional Regulation irector, Real Estate Division a Division of Real Estate . nl ATTORNEY FOR PETITIONER he Kk 9 re S . James P. Harwood, Senior Attorney mre . Florida Bar N° 0425941 Division of Real Estate “ee Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX JPH/k PCP: SWE/LJ 7/05 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 By FDBPR vs Alan J. Newmark FDBPR Case N° 2003001181 Administrative Complaint 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: 05-003223PL