04-0981 C STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO FLORIDA REAL ESTATE COMMISSION ; FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, ve DBPR Case N° 2008018605 SIMEON STREETER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of ‘Real Estate (“Petitioner”) files this Administrative Complaint against Simeon Streeter (“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 3094591 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate at Hi\ac\streeter.doc 1 FDBPR v. Simeon Streeter Case No. 2008018605 Administrative Complaint Definitive Group LLC, 8390 Championsgate Blvd. #300, Championsgate, Florida 33896. 4. At all times material on or about May 8, 2008 Respondent was duly registered as a sales associate with Waterford Realty Inc., a licensed brokerage in the state of Florida. A copy of the license is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent is a manager/member of Definitive Group LLC a Florida Limited Liability Company. A copy of the corporate record is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. At all times material, Respondent knew or should have known that Definitive Group LLC does not have a license for engaging in real estate activities in the state of Florida. A copy of licensing record is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 7. On or about May 8, 2008 Respondent published or caused to be published in “The News Leader” a list for the rental of 15 real properties. A copy of the list is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 8. Respondent published or caused to be published ina website known as “Definitive Group LLC” advertisement for the management of real properties, to include assisting interested H\ac\streeter.doc 2 FDBPR v. Simeon Streeter Case No. 2008018605 Administrative Complaint seller or buyers acquiring real properties. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 9. On or about May 9, 2008 Respondent informed Investigator Christian that Definitive Group LLC had properties for rentals. 10. Respondent knew or should have known that in the state of Florida, advertising real properties for sale, lease, or rental, generally, or describing property, the title which was not in such party at the time, shall be a presumption that such party was acting or attempting to act as a real estate broker. COUNT ONE Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed as a sales associate in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Rule 61J32-10.025 of the Florida Administrative Code and Section 475.25(1)(c), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of aiding, H:\ac\streeter.doc 3 FDBPR v. Simeon Streeter Case No. 2008018605 Administrative Complaint assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1) (j), 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 $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; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 6132-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity H:\ac\streeter.doc 4 FDBPR v. Simeon Streeter Case No. 2008018605 Administrative Complaint 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 notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 6172-24.001. H:\ac\streeter.doc 5 FDBPR v. Simeon Streeter Case No. 2008018605 Administrative Complaint SIGNED this [6 aay of December , 2008. ATTORNEY FOR PETITIONER y ‘Vouk Patrick Jarfies Cunningham Senior Attorney Florida Bar N° 469221 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 _.guamment of Professionals a" pivision of Real Esta PCP: MG/MV 12/08 H:\ac\streeter.doc 6 FDBPR v. Simeon Streeter Administrative Complaint 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. HAac\streeter.doc 7 ADMINISTRATIVE COMPLAINT. EXHIBIT # ) ; PAGE } OF > EXHIBIT_—_ PAGE__i2 ee penne ee eee ~-or- vee ct Us E-Filing Services Document Searches - Forms H Next on List Return To List CL. No Name History Liability Company 08/2 1/2007 “ATE BOULEVARD nt Name & Address 2K DR, SUITE 255 US Aa Psd oe aceo) 09/03/2008 ADMIN STRATIVE COMPLAINT EXHIBIT # ° ) oF MS SPECIALISTS , EXHIBIT PAGE__ 25a _ scripts/cordet.exe?action=DETFIL&ing_doc_number=L0700008537... 6/4/2008 her lsc, TAA EP MR Ue Lagy eure NSLADE (LU & ZLS UK LU & -2LS UK d Date 33/2008 1 Images ook = ANNUAL REPORT al record. See documents if question or conflict. Return To List TO No Name History Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright © 2907 State of Florida, Department of State. STRATIVE COMPLAINT OF =XHIBIT_ 4 PAGE 5h /scripts/cordet.exe?action=DETFIL&ing_doc_number=L0700008537... 6/4/2008 LicenseEase Version 4 Production Page 1 of 1 nA = OF EXHIBIT 3 PAGE. Ul http://license.dbpr.state.fl.us/forms/frmservlet?form=le_login_user.fmx&config=fldbprp3&... 5/7/2008 Join Florist of Reunion in celebrating the 100th year anniver- sary of Mother's Day!! 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It's easy, Cail tott free 1-866-433-8277 CALL TO- DAY Apartment for Reni $625-$825/MO UTILITIES INCLUDED Fumished stu- dio and 1BR apartments, near 27 & 192, gated com- munity, Lorre Jetton 863-206-5535 1st Investor Reatty Inc CLERMONT Rent to own, 2BR/1BA condo, community * pool & dock, includes water and sewer $775/mo, call 352-243-9335 Rooms fer Rent 1 ROOM available, $400/mo, utilities inctuded, ask for Brian 863-557-5252 4 CORNERS Room for rent, $100/wk, everything in- cluded. Call 352-516-8248 FURNISHED Utilities and TV included $400/mo 407-929-9818 HOME TO SHARE Female only for live-in companion/assistant, refer- ences required, call 781-274-8535 for details ROOMMATE Gated com- munity w/pool, by new Tar- get, furnished or unfur- nished $500/mo. 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Cali NOW! 1-888-704-6946 Clermont Mavericks Kick Off Season South Lake County's very own “Boys of Summer,” the Clermont Mavericks, are gearing up for their Florida Collegiate Summer League debut, promising a season filled with top-notch, competitive Daseball action and all-age com- munity entertainment, The Mavericks are one of two new expansign teams joining Foca bat baseball May 8, 2008 league that showcases the talents of many of the nation’s top col- Jege players. The team - led by head coach Steve Piercefield, a member of the baseball coaching staff at Florida Southern College ~ will play its home games at East Ridge High Schoot on Excalibur Road in Clermont. The team's inaugural season kicks off June 5 with a 7 p.m. home-field contest against the Leesburg’s Lightning, a team coached by former 1987 World Series MVP Frank Viata. Ad- ditional FCSL teams include the ‘Orlando Suns, Sanford River Rats, Winter Park Diarnond Dawgs and the league's other 2008 expansion team, the Belleview Bulldogs. Sanctioned and partially fund- ed by Major League Basebvail, the FCSLs main goals are twofold: to give current top-level college baseball players the opportunity to hone their skills against other aspiring professionals, and to bring quality, family-friendly sports entertainment to the Cen- tral Florida community. For players, the FCSL can serve as a launching pad to a profes- sional baseball career, Since the Jeague’s inception in 2003, 64 FCSL players have been drafted into the major leagues, and it's not unusual for major league scouts to bbe seated in the stands along with the fans, assessing players’ skilis, Fans, on the other hand, get to enjoy eight straight weeks of exciting, competitive baseball action. Game admission is free, imaking it the perfect summer evening activity for families. In addition, games wil) feature between-inning stunts and games for kids and adults to further enhance the festive atmosphere. Fans can expect a sange of pre and post game activities and entertainment, celebrity appear- ances, giveaways, theme nights, player meet-and-greets and more throughout the season. The FCSL, a not-for-profit, ~ 501(c)(3) organization, depends ‘on sponsorship dollars and dona- tions from individuals and busi nesses {0 cover its operating costs. Those interested in information on sponsorship opportunities can contact the mavericks’ Gen- eral Manager, Darryl Blackall, at 352-267-3896 or DBlackall@ ForidaLeague.com. In addition, civic organizations and other non- profits are welcome to contact the tearm about promoting their causes at Maverick home games. Regular season games run through July 29, The league's championship game takes place august 6 at Tropicana Field in St. Petersburg, home of the Tampa Bay Rays. 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