06 JAN 17 Py hoe STATE OF FLORIDA 23 DEPARTMENT OF BUSINESS AND PROFESSIONAL eeorEtHe 19. w FLORIDA REAL ESTATE COMMISSION baby EARINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003083973 CARY BOND THOMAS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Cary Bond Thomas (“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 sales associate, issued license number 398009 in accordance with Chapter 475 of the Florida Statutes, 3. The last license issued was as a sales associate with Tourtelot Brothers, Inc., 390 4" Street North, St., Petersburg, Florida 33701. FDBPR v. Cary Bond Thomas Case No. 2003083973 Administrative Complaint . 4. On or about June 8, 2003, Respondent sent by facsimile to Ken Riebel a copy of a listing agreement that was represented by Respondent to be a copy of a listing agreement signed by Harry Lieffers listing property commonly described as 801 Brightwater Blvd., St. Petersburg, Florida, owned by Mr. Lieffers and his wife, Betty Lieffers. A copy of that agreement is attached hereto and made a part hereof as Exhibit 1. 5. That Mr. Lieffers, an elderly person, never signed that listing or gave Respondent permission to sign that listing on his behalf. 6. That Respondent admitted to an investigator of the Petitioner that she signed Mr. Lieffer’s name on the listing agreement without his knowledge or consent and that she was aware that the property was listed by another broker. COUNT I Based upon the foregoing, Respondent is guilty of 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. 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, FDBPR y. Cary Bond Thomas Case No. 2003083973 Administrative Complaint : 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 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this Lle day of ap eB Department of Business and FILED Te Professional Regulation rofessional Regulate: By: senat P . ; «act Department of Real Estate ie Division of Real Estate FDBPR v. Cary Bond Thomas Case No. 2003083973 Administrative Complaint ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 0607721 Division of Real Estate 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 ACP/k PCP: SWE/LI 7/05 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the 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 allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the 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. FROM = CI Communications FAX NO. = 7479353 Oct. 10 2883 B4:45AmM P4 jun 08 QO3 :0:S57s Tourtelst Brothers, Inc. 727 -S25-s884q LUSTING AGREEMENT. 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Docket for Case No: 06-000169PL