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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs PETER W. JACOBS, 06-004190PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004190PL Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: PETER W. JACOBS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Oct. 30, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 7, 2006.

Latest Update: Dec. 24, 2024
Pu STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUEATION All: S| FLORIDA REAL ESTATE APPRAISAL BOARD ~ ” : ree FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, ( (, . 19 pl’ vs. FDBPR Case N° 2005050063 PETER W. JACOBS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (‘Petitioner’) files this Administrative Complaint against Peter W. Jacobs (“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 Florida registered trainee appraiser, issued license number'13762 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a registered trainee appraiser under the supervision of Marty Gilmore, 13567 Lakers Court, Orlando, Florida 32828. FDBPR vs Peter W. Jacobs FDBPR Case N° 2005050063 Administrative Complaint 4. On or about March 5, 2004, Respondent submitted to Petitioner an application for licensure as a trainee real estate appraiser. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent si gned a sworn affidavit which stated: “Thave read the questions in this application and have answered them completely and truthfully to the best of my knowledge.” 6. The question on the application relating to a criminal background asked whether Respondent had “ever been convicted of, found guilty of, or entered a plea of guilty or nolo contendere (no contest) to any crime, even if you received a withhold of adjudication?” Respondent’s answer to this question wa 7. Inreliance upon Respondent’s sworn application, Petitioner issued a trainee real estate appraiser’s license to Respondent. 8. Respondent failed to disclose that on or about August 25, 1997, in and for Broward County, Florida, Respondent pled nolo to the crime o rab ata bela taravote Sees A copy of Respondent’s J udgment and Sentence is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. . COUNT I Based upon the foregoing, Respondent has obtained a license by means of. knowingly making a false statement, submitting false information, or engaging in misrepresentation or concealment, in FDBPR vs Peter W. Jacobs FDBPR Case N° 2005050063 Administrative Complaint violation of Section 475.624(12), Florida Statutes. : COUNT II Based upon the foregoing, Respondent has violated Rule 61] 1-3.001(6)(a) of the Florida Administrative Code and, therefore, is in violation of Section 475.624(4), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, 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 ofup.to $1,000 for each count or offense; imposition of investi gative 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 FDEPR vs Peter W. Jacobs FDBPR Case N° 2005050063 Administrative Complaint 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 6132-24.001. SIGNED this day of , 2006. Department of Business and Professional Regulation By: Michael E. Murphy Director Division of Real Estate ATTORNEY FOR PETITIONER Sey W prada, \— Stacy N. Robinson Pierce, Senior Attorney Fla. Bar No. 182796 Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX FDBPR vs Peier W. Jacobs FDBPR Case N° 2005050063 Administrative Complaint 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 allowed by law, 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 Appraisal Board 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. Yyoab * DBPR 0010-1 ~ Master Individual Application SL 8 fovea? {y¥ . : AL wns SLATE OF FLORIDA * ty DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION THA-DBPR 5/2004. PERSONAE. INFORMATION" "Social Security Num ber* ‘Last Name. E0RBS IANS 07%. / OL/ GL : A Birth Date (MM/DDIYYYY) Gender Fist a Middle Title Suffix | : Male & Female O Race/Ethnicity check only one); Afric: ., OF Negro C1 Native American or Alaskan Native OF Caucasiai oF Latind.” pk Other ‘Strest Address of P.O. Box ciy = ——— Seb AeA Lary Gourity (if Fionds addréss) Bi vee. Number Ae je ae yt . : RESIDENCE ‘ADDRESS State ka Code (+4 optional) — Country on (if Flonda address). | Business/Firm Name ___. _, BUSINESS LOGATION ADDRESS. ‘\ . . fin = a ’ gt se om ssa : . we ke Seat Address RECEVES [s=——-_ es Gity \. REVE ie oo Stale |® Code (#4 optional) DBPR . ae an ee . a - _ Gounty (if Florida address) a ADDITIONAL CONTACT INFORMATION (OPTIONAL) : : Fax Numiber BAi ZAP: (B2/ Revie |. | Altemete E-Mail Address” - " ° ™ ADMINISTRATIVE COMPLAINT, ' yg EXHIBIT # 0 PAGE OF 1. Ligense/Registration Type State License Number 2. Licensé/Registration Type | State - | Da ri) Date (To) | i : : aL. / ! / fi License Number uo | Nae Usea*” : 3. License/Regisiration Type . {se Daté (From) Date (To) he Y= Pal - I i / / | : .f| License Number -_ Name Used —! BACKGROUND INFORMATION _ Yes 0 TeR 0060-1) nécessary. Have you ever been convicied of a crime, found guilty, or entered a plea (If yes, please of guilty of nolo contendere ( tes) fo, even if you received a complete form withhéld of adjudication? This tion applies to any violation of the laws 0050-1) of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, spesding, inspection, of traffic signal violations), Without regard to whether you were placed on probation, had adjudication withheld, weré paroléd, of pardoned. If YOU intend to apswer “NO” because you beliéve thosé records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of atic! 2, yOu afé résporisible ring "NOM. Y ST KED AGAINST LO ; Al E AGGURATELY MAY RESULT IN THE DENIA\ YOUR LICENSE. IF YOU BO NOT FULLY UNIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE _ re DEPARTMENT. B . . 2. Yes O No Qf | Has any judgment or decree of a court been entered against you in this or (if yes, please "| any other state, provitide, district, territory, possession of nation, in Which complete form you were charged in the petition, complaint, declaration, answer, 0050-1) countérclaii, or other plead ig will any fraudulent or dishonest dealing, 7 __| oris thére any such casé or investigation pending? 3. Yes O No Q{-] Have you ever had an application for registration, ceftification, or (If yes, please licensure in Florida or in any. other jufisdi¢tion dénied, of is there Haw complete form pending a procéeding or investigation to deny such an‘application? _ 0060-71) . = x an _ an _ 4; | Yes Q | No Ki | Has any licerige, registration or permit to practice any requiated (If Yes, please Professioti, 6éctipation, vacation, of business béen revoked, annulled, compléte form suspended, relihquished, surrendered, or withdraw) in Florida or in any other jurisdiction, Ing of investigation how ufitize form 0050-1 for your responses to ¢ If You have more than seven offenses to docurient on form 0050-1, attach additional capiés of Or IS any such proceedi pending? . a ‘in which any cee d T for any actions against a ficense or licé suns 1 ahd 2 anid foi OOGD-1 for your response § to questions 3 and 4, form 0050-1 as ADMINISTRATIVE COMPLAINT DBPR RE-2000-1 — Application Requirements REV 11/01 - Alexis Ratene . STATEOF FLORIDA ,t a, DEPARTMENT OF BUSINESS AND. PROFESSIONAL mo Here. REGULATION APPLICATION REQUIREMENTS: Application requirements vary depending on the license type being applied for. The following table provides an oveiview of the information required by each applicant. Please submit-this checklist with your a lication. . Check Licénsé Type | Application Fee Required Forms Action . ‘ ({ By Form Number) Requested . a Salesperson $744.00 0010-1, 0030-1, 0050-1, 0060-7, 2010-4 a Salesperson ~~ $444.00 0010-1, 0030-1, 0050-1, 0060-1, 201044 (Mutual an Recognition) — GQ | Broker $7154.00 0010-1, 0030-7, 0050-1, 0080-1, 2070-1 oF Broker (Mutual $154.00. 0070-1, 0030-1, 0050-1, OOSDA, 2010-7 Recogiiitian) = | Registered $269.00 00101, 0030-1, 0050-1, 0080-1, 2070-4, 2050-1 1 | Assistant . Appraiser ; a Lisensed $365.00 “| 0070-1, 0030-1, 0050-1, 0060-1, 2010-7 Appraiser : a Certified - ~ $389.00 0010-1, 6030-1; 0050-1, 0060-1, 2010-1 Residéntial Le . . Appraiser | a | Gerified [ “$369.00 0040-1, 0030-1, 0050-1, 0080-1, 2010-1 General Appraiser o Non-Resident "$50.00. az , 0070-1, 0030-1, 2020-1 Temporary , Appraisal Practice Pennit. . . _| a | instructor— $144.00 0010-1, 0030-1, 0050-1, 0060-1, 2070-4, 203041 Real Estate | ADMINISTR MINISTRATIVE coy EXHIOr a [ © COMPLAINT ~ cee i, tne oe Pp __ 3 ie seme Fi . DBPR RE-2000-1 ~ Application Requirements REV 11/01. horlnt Kuturse , STATE OF FLORIDA Hot Ter. DEPARTMENT OF BUSINESS AND PROFESSIONAL ion Here. REGULATION APPLICATION REQUIREMENTS: Application requirements vary depending on the license type beiig applied for. The following table provides an overview of the information required by each applicant. Please submit this checklist with your application. Check] License Type Application Fee Required Forms Action : ( By Form Number) Requestéd (Continued) |. . ; Q Instructor — $144.00 0010-1, 0030-1, 0050-1, 0060-1, 2010-1, 2040-4 - Residential Appraisal instractor — $144.00 0040-1, 0030-1, 0080-1, 0060-1, 2070-1, BOAO General . Appraisal School Chief Administrator 0010-1, 0030-1, 2070- "0020-7, 0030-1, 6040-4, 2050-1, New "$95.00, ; Corporations 2100-1 (Optidnal) a New Branch | ‘$85.00 ~ 0020-1, 2100-7 Office , a New Schaal | 813800 r 0020-1, 0030-1, 0040-1, 2070-1 Q ~~} Schoat ~~" ~~ $25G0 ° 0020-1, 2100-1 Additiona} . . Location Q”” Cofperate. | ‘Pies Stor "0020-1, 0030-1, 0040-1, 2050-7 Amendment appropriate fee(s) “Checks and ‘Money Orders accepted. Please make payable to: Division of Real Estate Hurston North Tower Suité N309 400 West Robinson Street Orlando, FL 32801 ADMINISTRATIVE COMPLAINT EXHIBIT #uol PBGE crite > _ . PRIOR NAME INFORMATION" . Have you used, been known 2s or called by another name (example ~ maiden name, pseudonym, nickname) of alias other than the namie sigried to the application? Yes O No mR If your answer is yes, state name or names used below: Last Name- First ‘ Middle Title Suffix Last Name : First Middle Title Suffix Last Name First Middle Title Sufix LU ADMINISTRATIVE COMPLAINT, EXHIBIT #1 — PAGE Poe we cette een ~e DBPR RE-2010-1 —Real Estate Background Questions REV 06/01 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOTE - This form must be submitted as part of an entire application packet APPLICANT INFORMATION - LastName First). Middle Title WAC oRS haa SOW IES + i oe QUESTIONS: Are you a current member in good standing of the Florida Bar? Yes Q No - Are you a high school graduate or the holder of an equivalency certificate? Yes & No G - ; ; __ MUTUAL RECOGNITION Are you requesting mutual recognition? : : From what state are you requesting mutual Yes 0 No _ recognition? ut ‘ : a a CONSENT TO. SERVICE Ate you a Florida resident? Yes fi No O {If no, please read and affirm trevocable Conse: NOTE: (The following Irrevocable Consent t only) ; QO tagree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Départinent of Business and Professional Regulation and the Division of Administrative Hearings, which agreeinent is irrevocable. | agr@e, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estaté and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or Proceeding in this state, and process so served shall 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 Servéd upon the Division Director is to be forwarded and to keep said designation cun‘ent. : ADIuNISTRATIVE COMPLAINT EXHIBIT # PASE DBPR 0050-1 — Explanatory Information for Background Questions fBrS Ftue... STATE OF FLORIDA Di ae? DEPARTMENT OF BUSINESS AND KlgntHere. PROFESSIGNAL REGULATION Na Now NOTE — This form must be submitted as part of an . application packet PERSONAE INFORMATION _ First Middle Title Suffix Tast Name ‘identify question number on form 0010-1 this explanation pertains to: [~. EXPLANATION County [ tale WA H . Penalty/Disposition WA : Date of Offense (MM/DD/YYYY) : Have all sanctions been satisfied? / / 1Yes O No. O Description County Penally/Disposition Date of Offense (MM/DDIYYYY) . LO Have all sanctions been satisfied? / / : Yes 0 No Q ‘Description 2EXPLANATION. _ Offense ” Gounty ; | State , Penally/Disposilion Z Date of Offense (MM/DDIYYYY) we Have all sanctions been satished? / fi Yes 0 No Q #| Description ADMINISTRATIVE COMP] AINIT BxMGIT wy PACE oo DBPR 0060-1 — General Explanatory Description Morwdlig Recduine... ” STATE OF FLORIDA DH hE DEPARTMENT OF BUSINESS AND Fagot PROFESSIONAL REGULATION Le ‘Now NOTE - This form must be submitted as part of an 2 Pvt application packet oe : APPLICANT INFORMATION | Last Name : First Middle Title LL - EXPLANATION ADM] N IS mn TIVE COMPLAIN T Pine DBPR 0030 ~ Attest Statement floileh fatens,.. STATEOF FLORIDA, $ chitt To. . DEPARTMENT OF BUSINESS AND Right ere, PROFESSIONAL REGULATION Ris tNow. NOTE ~ This form must be submitted as part of an ; " oo . ‘application packet APPLICANT. INFORMATION © Applicant Name:, Pee e lange Jacobs Social Security Number: License Applying For: beersreees: 12 Asst. bppenrset.s pplication type (Check one): Telephone Number; 32+ 5 OA - w+ - Exam Q Initial License B © fl. — - Sere eA TT EST.STATEMENT is application and have answered them completely a zee eens Uhave read the questions in thi of my knowledge, Uhave successfully completed the education required, if any, for the level of licensure, registration, or certification sought. : , \ Thave the amount of experience required, if any, for the level of licensure, registration, or certification sought. I pledge to comply with the applicable standards of practice upon licensure, registration, or cectification, [understand the pe for which disciplinary proceedings may be initiated, : jac5bs i ; ‘ The foregoing application was swom, to and subscribed before me this rae of Liban 2 ¢ by Petes. iQ z Tacob.s _ fatdos- ‘Type or print name of appli vi Signature of applicant who is personally known to me or who has produced the following as identification.” Le Phiveas L£rardse. ‘Type of idéntificat) f person taking sees Notary Seal (Wéetbare Refure AcrL 104 Pua L193, Som JET. oo aro hth Revised 07/31/2002 ADMINISTRATIVE. COMPLAINT ASAMALSY Of a ee Sah cee OF a ananareee Temes Be Fre ees 45 aucmawe af Samal Sccumy muribat & vonmiry uma aneciftcally rquuured sv Poeeat frase Ja mre eutanc: Semal Somimy sumeers ant cmareney Rafe J RR Suxca Tone, Sectsoma 883 ana GS; ant Secvons AS52030), 4092577, ind WY 298. Rona: Sunes Semud Serurmy aumocn a asec tn aitow efizchoet seveniag af spoutants snd ucemacci oy x Tide 1V-D child mupoon agency to assure compliance wttn child suppore obligaiont Socut Seamry numocrs mut 40 be tori oo all Profeunceal ant omupetional beraae applications and will be used fir license identificenees Puruant to the Fononal Repansibility and Work Gpportmity Heonciliaion Ac of 1996 - ‘ DBF STATE OF FLORIDA d . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ian, ke ieNet Jeb Bush, Governor Diane Carr, Secretary MARCH 17, 2004 ’ JACOBS, PETER W ~ 1036 LANDSDOWNE DR SEBASTIAN, FL 32958 RE: FLORIDA REAL ESTATE APPRAISAL BOARD APPLICATION NO. 18318, PROFESSION 6401 DEAR PETER JACOBS: YOUR APPLICATION WAS RECEIVED ON MARCH 9, 2004 BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. YOUR APPLICATION CANNOT BE APPROVED FOR THE FOLLOWING REASON(S): AS OF AUGUST 1, 2003, THE PROCESSING EXPENSE FOR FINGERPRINT CARDS FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT HAS BEEN RAISED BY $ 8.00. THIS ADDITIONAL COST HAS BEEN ADDED TO THE APPLICATION FEES FOR . ALL RELEVANT PROFESSIONS. IN ACCORDANCE, IT IS NECESSARY TO REMIT AN ADDITIONAL $8.00 IN ORDER TO BRING YOUR APPLICATION INTO COMPLIANCE . WITH THE REVISED REQUIREMENTS. THIS FEE MAY BE PAID BY MAIL WITH A CHECK OR MONEY ORDER, OR WITH A CREDIT CARD THROUGH OUR CUSTOMER CONTACT CENTER AT 850-487-1395, THIS INFORMATION IS NEEDED TO COMPLETE YOUR APPLICATION. NO FURTHER ACTION WILL BE TAKEN ON YOUR APPLICATION UNTIL ALL INFORMATION IS RECEIVED. WHEN CORRESPONDING WITH OUR OFFICES PLEASE QUOTE APPLICATION NO. 18318. ALL CORRESPONDENCE MUST BE RETURNED TO THE ADDRESS BELOW. THANK YOU FOR YOUR COOPERATION. IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE NUMBER BELOW. CRP SAU} Wicd COMPLAINE cxHipiT ef PAGE 0 OF cee ee Phone: (850) 487-1395 1940 North Monroe Street Internet: www. MyFlorida.com Tallahassee, Florida 32399-0783 / 10 ALNd3q) moanr 8=646/$ te HONISS GeVNOST r Lb- Se- dD ‘OL 353 WHuS43q $ 8Md |Z, UOT YSU) 2 CEP Za Nwi NS oro ‘OA %S ‘2s09, — $ U i {NS oro ‘OA %S fo. NIA $ = INS oro OA % ES, SNE $ %G SN s isoo duno 4 \ eens 3 Bs Taz: C3AWSS SAIL Lf £LUNao: 30 Ha 19 sGL.LNSWAVYd TE¥W 3 (s)inno0o OES GE Ade i CIBONSLNi SHNOH SOIANSS ALINNAWOD: LWdad HHOM NOLLYZINIEGOWWE SAV “dSns 3SN30N wean aus ee ar advusn. 2 insiPPPSe INS “dee ais eeet” oA es 0 ang SS SNOTIGNOD Widads ALi NOLVEOUS oO ANNO Fsn ina _ LNaWSSa86y JON3430 OnsNd O aassinsia O ANNOS HOV2 SA a4 WS0NSS30 ONend O OA Invzsoud STON O —s CSHHLIAY ALUND ‘dv Oo . . SNLVLS LUNOD O10N on Aline asad Vaid dO S9NvHOO ‘OA WN OALSHO LuNOO L3¥ GH27 SDILNS/3aDNGNE: Tho AYunro TWwitLoO ; OVA Wate DIC Rains /8 S/OVOH 90k ‘d3SOdINl S54 ASNANDI1SG GN ASNADIT S.WSAING uNOA 4O NOISNSdSNs 3H! HO/UNY ISSHYV YNOA HOd INVEHYM V NI LINSSY AVIN 3LVG MONA SHL Ad SNId AVd OL SYNTIVA VV eTEeotoz6sa “ON LSSHUY (s)35uvt ONIONSLNSS LANSWNSIVEHY SALVYLSIOVW SNAVM gaisad *Ssauoyw ANVON3 3: VGENNES?ee TOLG ‘ON TP GCE-S E) VOIMO1s ‘ALNNOS GHVMOHE HOS ANY NI ‘LYNOD ALNNOD/LINOYIO SHL 7a» OCT 20 A Pia Fs pwsion oF REAL ESTATE . af en in 2 eo RE , Al AN EGA Deer ESTATE \14 lid | Office: . Date of Complaint Case Number: Orlando . 9/28/05 2005-050063 Subject: . , Complainant: Peter W. Jacobs DBPR 1036 Landsdowne Dr. Sebastian, FL Telephone; (772) 589-1274 Prefix: =”. License #: _ | Profession: | Board: Report Date: RI 13762 Registered Real Estate 3/22/06 Trainee , : Appraiser Period of Investigation: Type of Report: 9/28/05-3/22/06 Final Alleged Violation: F.8. 475.624 (12) Obtained License By Fraud Synopsis: This invéstigation.was predicated on receipt of information from DBPR that Peter Jacobs applied for licensure as a registered trainee appraiser but did not disclose a criminal record (Exhibit 1). Subject Notification: : The subject Was notified of the nature of this. complaint by letter dated 9/30/05 and was provided a copy of the UCF (Exhibit 2). . Licensure Verification: Peter Jacobs is a licensed registered trainee appraiser holding license # RI13762 (Exhibit #3). The status of this license i is current, active. Peter Jacobs is supervised by Marty D. Gilmore, Lic# RD5321. Investigation disclosed: This investigation was predicated on information from DBPR that Peter Jacobs submitted an ' application for licensure as a régistered trainee appraiser wherein he did not discldse a criminal . record. Legal Representation: Peter Jacobs is represented by John O. Sutton, P.A. He can be reached at (305) 448-1295, (Exhibit #4). NNC for: None Date: . | Citation for: None Date: Relatéd Case: None inv, igator/D in Moore 3/22/06 Apopeved By By OBS: ae F- 2sa2dsl PAGE.1 DBPR INVESTIGATIVE REPORT : : CASE NUMBER 2005-050063 SYNOPSIS CONTINUATION On 3/5/04, Peter Jacobs made application for licensure as a registered trainee appraiser (Exhibit # 5). The application was received by DBPR on 3/9/04. Subject answered “No” to the question relating ‘to criminal convictions. A subsequent FDLE/FBI criminal history report (Exhibit 6) indicated that the subject was-arrested-on-the following charges: ow & Prostitution, 7/12/97, Broward County. This arrest was not disclosed in the licensing application. — On 6/28/05 a certified letter was mailed: by the DBPR Legal Staff to the Subject requesting _ Clarification of this issue (Exhibit # 7). The subject filed a written response to the requést (Exhibit # 8). ; In response to the investigator's request (Exhibit # 9) the Clerk of the Court’s office for Broward County provided a certified copy of the disposition. Mr. Jacobs pled nolo contendere and received a withhold of adjudication for the charge of induce/entice a lewd act. : : Peter Jacobs was not interviewed by telephone. The subjects attorney, Jon Sutton informed that the reason the charge was not disclosed on his application for licensure was that Mr. Jacobs had a vague recollection of the charge and saw it as a traffic offense that needn’t be disclosed. ° PAGE 2 DBPR INVESTIGATIVE REPORT : CASE NUMBER 2005-050063 TABLE OF CONTENTS Ill. . EXHIBITS: ° , "4-53 4 2. Notification letter... ‘vasesceeeers 3. Subject’s DBPR licensure printout.. 4. Legal Representation.........000...0... 5. 6 7. DBPR Letter... eel ceeeeeeeeee 8. Subject’s response to exhibit # 6. ve 9. Certified Court documents........... pete ee eeeeneceeeeeseecereesecsaceereeseuetese -UCF and related AOCUMENES .sccssssectetunseeeeee sessesesneseeseen soteeaneetene Licensure application file........ Neseeesene . FDLE/FBI Criminal History report......... PAGE 3

Docket for Case No: 06-004190PL
Source:  Florida - Division of Administrative Hearings

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