jum f - IER O6 UL ~3 Ait: 29 | STATE OF FLORIDA DIVIS aig! N OF DEPARTMENT OF BUSINESS AND PROFESSIONAL recut BRT fA Atl VE FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003078665 PETER JAMES HEALY, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Peter James Healy (“Responden ”) 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 3020148 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Camelot Realty of Brevard, Inc., 5360 N. Atlantic Avenue, Cocoa Beach, Florida 32931. { FDBPR vs Peter James Healy FDBPR Case N° 2003078665 Administrative Complaint . 4. On or about September 27, 2001, Respondent submitted to Petitioner an application for licensure as a real estate sales associate, A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate sales associate under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever{.] 6. The question on the application relating to a criminal background asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld.” 7. To the question on the application relating to criminal background, Respondent replied “No.” 8. In reliance upon Respondent’s application, Petitioner issued a real estate sales associate’s license to Respondent. 9. Respondent failed to disclose that on or about September 6, 1990, in the court of Rhode Island, Respondent was found guilty of Possession With Intent to Deliver Marijuana. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint FDBPR vs Peter James Healy FDBPR Case N° 2003078665 Administrative Complaint Exhibit 2. 10. Respondent failed to disclose that on or about November 5, 1992, in the court of Rhode Island, Respondent was found guilty of Manufacture/Deliver Schedule I/II Controlled Substances. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m), Florida Statutes, COUNT IL Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J 2-2.027(2) of the Florida Administrative Code and, therefore, is in violation of Section 475.25(1)(e), 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; ix Fewer FDBPR vs Peter James Healy FDBPR Case N” 2003078665 Administrative Complaint 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. SIGNED this \f> day of __Juero€ _, 2004, aal Real Queena eagle ALOE ane 4 epartment of Business and i: Site ‘ Professional Regulation By: Director, Division of Real Estate FDBPR vs Peter James Healy FDBPR Case N° 2003078665 Administrative Complaint ATTORNEY FOR PETITIONER Christopher J DeCosta, Senior Attorney Florida Bar N° 271410 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 PCP: NH/HF 6/04 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. DO NOT WRITE OR PRINT IN SPACE BELOW TREASURER OF FLURIDA-DEFR ACCT 1000004444 LOC 790070L FOR DEPOSIT QALY 10740/01 DBPR/401.1(REV.07/00) Clip or staple in this rene ee o& ENT 3859785 «eT 1080447 taken within past year. Not to be filled in by aggpsnt VAL LLOSRgS7 i144 <0 oS 0 Be OS oO pi & 73 QUAL. VERIFIED m2? wae. a ee Vv; On . ED.CRS FP CD 1012 p} We; oe EQUIV. APPROVED “ SCHOOL# DENIED DEPARTMENT OF BUSINESS-AND PROFESSIONAL REGULATION DIVISION REAL ESTATE inson St., P.O. Box 1900 Orlarido, FL_32802-1900 APPLICATION FOR LICENSURE AS A REAL ESTATE SALESPERSON. REQUIRED FEE $144.00 (fee includes first ticense) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional Pages as necessary. 1. Legal Name: ealsy ¥, + s : (Last) (First) (Middle) . . 2, Personal Maling iO’ Cast Dayver Street ddress: (number) (street) (city) (county) (state) zip cade) 3. (a) Your Residence |(3\ east wn JEf St reet Address: __ (number) (street) . satel te. Bea cn lar {city} (county) (state) (zip code) (b) Daytime Telephone No.: (SAI y27 3- aad Y E-Mail Address: 2 { GGEA aaol caw (Notify the Division of any permanént address change.) 4. Date of birth_T lal s4 8. Place of birth GY) { ae Ss. cremale wfaale "7. Social Security No.: O3k- ZS = oF) : i Under the Federal Privacy Act, disclosure of Social Security numbers is voluntary unless specifically required by Federal statute. In this instance, social security fumbers are mandatory pursuant to Title 42 United States Code, Sections 653 and 654; and sections 455,.203(9), 409.2577, ant 409.2598, Florida Statutes. Social Security numbers are used to allow efficient screening of applicants and licensees by a Title IV-O child support agency to assure compliance with child support obligations. Social Security numbers must also be recorded on all professional and occupational license applications and will be used for licensee identification pursuant to the Personal Responsibility and Work ‘Opportunity Reconciliation Act of 1996 (Welfare Reform Act}, 104 Pub.L.193, Sec317. 8. wes CONo Are'you a high school graduate or the holder of an equivalency certificate? - ADM JEXHIBIT ¢e of PAGE . De es wpe Spacey Je | 9. OYES kno Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere {no contest), even if you received a withhold of adjudication. This question applies to any violation ‘of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer "NO” because you believe those records have been expunged or sealed by court order Pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO". If you answered "Yes," attach the full details including dates and outcome, including any sentence and conditions imposed on a separate sheet of paper. YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE REVOCATION OF YOUR LICENSE OR THE DENIAL OF A REAL ESTATE LICENSE. IF YOU DO NOT” FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR THE DIVISION OF REAL ESTATE. 10, O YES ano (a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim, or other pleading with any fraudulent or dishonest dealing? C1 YES wWNO (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest deating? (if your answer to question 10 (a) or {b) is "YES" attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending? 11, OYES eno (a) Have you previously filed any application for licensure in this state as a real estate salesperson? IF so, state when; eee O YES eNO (b) Have you failed any previous examination for licensure as a real estate salesperson in this state? If so, state when 12. OYES efKio Have you ever been denied, or is there now pending a proceeding to deny your application for a license, . registration, or permit to practice any regulated profession, Occupation or vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, Possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? 13. O YES eftio (a) Has any license, registration or permit to practice any regulated profession, occupation or vacation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? O YES No (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to Practice any regulated profession, occupation or vacation while such charges were pending? O YES ero {c) Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? (If your answer to questions 12 or 13 (a) (b) & (c) is the affirmative -"Yes" - attach a complete statement giving the name and address of the officer, board, commission, court, or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) 14, 0 YES tio Have you operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesperson or broker, in this state, within one year prior to the filing of this application when you were not, in fact, the holder of a valid, current license authorizing you to do 50? 15. C1 YES eno Are you presently declared mentally incompetent by any court? AMS -(If your answer is "Yes", attach a statement giving the full deta Ex a 16. Q1YES eno Have you used, been known as or called by another name or alias other than the name . signed to the application? (If your answer is yes, state name or names used, the period of time and place where used.) 17. oes ONO (a) Are you a legal resident of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a legal resident of? 'n addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) | agree, by becoming the halder of a Florida real estate license, to submit ta the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevdcable, | agree, by becoming the holder of a Florida real estate ticense, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all tegal process issued against me in any administrative or civil action or Proceeding in this state, and process so served stall be valid and binding, which agreement is irrevocable, | further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. Signature 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state, As a salesperson in, : fro, to (state) Asabrokerin_ from (state) License Number: State of Onda County of. “Bre VE The above named, and undersigned applicant for ticensure as a real estate salesperson under the provisions of Chapter 475, Florida ° Statutes, as amended, upon being duly sworn, deposes and Says that (s)he is the person so applying, that (s)he has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)he knows of no reason why this application should be denied; and (s)he further extends this affidavit to cover all amendments to this application or further statements ta the Division or its representatives, by hinvher in response to inquiries concerning his/her qualifications. The foregoing application was acknowledged before me this AS day of \Eembe- Ole) j w Pele X.Wealy type or print name of applicant Who is personally known to me ar who has produced the following as jaéyti Fi. Drives Ly Cense type of identification CINDY WILLIAMS MY COMMISSION # cc 708415 RES: January 30, 202 Bonded Thru Notary Puta Underwnters af STATE OF RHP D ISLAND AND PROVIDENCE PL TATIONS . . p= PROVIDENCE, Sc. superror qari Ky O6 JUL ~ State of Rhode Island : 3 AHII: 29 - So ase wage i ON OF cay WS, : ; cas Huey Ret i Peter J. Healy : UN OF co : on 1. cConnor, .. Gontarz, It Is ADJLDGED that the defendant has been convicted upon a PLEA IF NOLO CONTENDERE of the offensels) of COUNT L Passession With Intent To Deliver Mari guans is charged in the ENFORMATION; and the Court having fa Ihether s/he has anything to seg why judgment should not te anagunced, and ma uF Ficiant cause to the contrary being shown or appearing ta the Court, IT IS ADJUDGED that the defendant IS GUILTY as charged and onvdc tend. IY IS ADMGED that wstody of the Proper Authority eriog of 2B months, sentence At. 00 assessed under = Le-25 | $2-18. 1-3 to be paid in full. RUE copy ()” TTEST Deda 6, Pororme ulna. Bs thins df» —_ Foran evurerra / 4 PAGE 3O Clerk i Justice, Superior @ourt _ Date S07 (11/88) magi REME DE str “aac JUDICIAL RECORDS CEN ;.. [her ereby ce that this documen; — testes. ce cnet ween cemenemnay rd STATE OF RHODE TSLAND AND PROVIDENCE PLAN. TIONS: ew DRT | Se. . SUPERTDG | cy State of Rhode Island 06 JUL -3 AM IT: 29 ; iN | Held a5 = vs Saat Srey pe PETER HEALY . JUDGMENT OF CONVICTION AND COMMITMENT On this date, ii-o5- -92 came the attorney for the State, RYAN and the defendant who aPpeared in person and hy counsel, namely CHRISTOPH SGONTARZ . before Judge CALDARONE TT IS AMJUDGED that the deferidant upon a PLEA o¢ NOLO CONTENDERE OF the offense(s) of: COUNT CL MANLI/DELIVER SCH I/II CNTRL suas SUSPENDED oO Year(s) PROBATION a Year(s) FINE Amount $500.00 INDEMNITY FUND Amount $2001 PROBATION FUND Amount $400. Ci COUNT O02 MANU/DELIVER SCH I/II CNTRL SuBS SUSPENDED S Year(s) PROBATION a Year(s) as- charged in the COMPLAINT and the COURT having asked -the defendant whether he/she has anything to say why judgment should not be Pronounced, and no sufficient Cause to the contrary being shown or appearing to the COURT , IT IS ADJUDGED that the defendant IS GUILTY as charged and convicted, oe igo ee NTE BER AOE 1S oo Uernrmute ome PAC OF ft on file in the PAGE | r of the original Soument meen TRUE Copy ATTEST 11-05-99" DE ISEANB EER 9. WA os nm COMO 3ldlos

Docket for Case No: 06-002335PL