STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU. FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, I() (4 Yee DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2009020923 CARL LEE CARR, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional ‘Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Carl Lee Carr (“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 broker, issued license number 541391 Hi\ac\cart.ac.doc FDBPR v. Carl Lee Carr Case No. 2009020923 Administrative Complaint in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at 132 Chase Run, Miramar Beach, Florida 32550. 4. On or about May 11, 2004 in the United States District Court, Northern District of Florida, Panama City Division, Respondent pled guilty to Conspiracy to Commit Money Laundering. A copy of the plea is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent failed to timely notify the Florida Real Estate Commission after pleading guilty or being convicted of a crime involving moral turpitude, or fraudulent or dishonest dealings. 6. Respondent failed to notify the Florida Real Estate Commission, within 30 days, after entering a plea to a felony criminal offense. COUNT ONE Based upon the foregoing, Respondent is guilty of not having informed the Florida Real Estate Commission in writing within thirty (30) days of having pled guilty or having been convicted of a felony and, therefore, is in violation of Section 475.25(1)(p), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of having been Hi\ac\carr.ac.doc 2 FDBPR v. Carl Lee Carr Case No. 2009020923 Administrative Complaint convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to the activities of a licensed real estate sales associate or that involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25(1)(f), 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 permittee 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 6102-24.001. The penalties which may be imposed for violation(s) H:\ac\earr.ac.doc 3 FDBPR v. Carl Lee Carr Case No. 2009020923 Administrative Complaint 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 permittee 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 61032-24.001. H:\ac\carr.ac.doc 4 FDBPR v. Carl Lee Carr Administrative Complaint SIGNED this day of By: PCP Date: 11/06 _PCP MEMBERS: JDR/NH H:\ac\ecarr.ac.doc Case No. 2009020923 , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation rt Patrick James Cunningham Assistant General Counsel Fla. Bar No. 469221 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 -~ Facsimile FDBPR v. Carl Lee Carr Case No. 2009020923 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. H:\ac\carr.ac.doc 6 UNITED STATES DISTRICT COURT WILLIAM M. MCCOOL NORTHERN DISTRICT OF FLORIDA SHEILA HURST-RAYBORN ! CLERK OF COURT CHIEF DEPUTY CLERK 417.N. ADAMS STREET OFFICE OF THE CLERK 411 N. ADAMS STREET TALLAHASSEE, FLORIDA 32901-7717 TALLAHASSEE, FLORIDA 32301-7717 | as 850.521.3501 ! 860.521. 3656 FAX . 850.521.3658 FAX Visit our web site at www.find.uscourts.gov ! ' Reply to: Pensacola Division July 31, 2009 To Whom it May Concern: ; Upon executing a record search, per your request, the following information has been found: | NAME SEARCHED: __ Carl Lée Carr YEAR IN WHICH RECORD BEGINS:___Early 1930s. GIVIL RECORDS FOUND:_Case No. 3:08c¢v514/MCR/MD - Rodney G. Haworth v Anchors Realty of South Walton, Inc.: Carl L. Sar. Hall & Runnels PA: Gerard J. Perillo, Il.; , Dismissed with prejudice as to Carl L. Carr on Ma 13, 2009, ; l 1. count_under 18 U.S.C. § 1956(a)(1) and (h), Conspiracy to Commit Mone Laundering. Judgment entered May 11, 2004, imposing 5 years probation, $100 | | CRIMINAL RECORDS FOUND:_Case No. 5:03cr33/MCR - Carl L. Carr pled guilty to | Special Moneta sessment, and $10,000 Fine. Sincerely, WILLIAM M. MegdoL CLERK OF couRT~ “ The mission of the Office of the Clerk of the Northem District of Florida is to provide superior service to the public and the Court. Gainesville Division Pansacola Division Tallahessae Diviaion Panama City Division 401 SE 1" Avanue- 1.N. Palafox Street 111.N, Adams Street 30 W. Government Street Gaineavite, Florida 326041 Pensacola. F Florida 32502-5658 Tallahasees, ers A730 7717 Panama bated pence 32401 . 435.8440 952.200.2424 Fax esa soa Fax wn SRMINISTR TIVE CCLPELAINT. a Case 5:03-cr-00033-MCR Decument170 Filed 05/11/2004 Page 1 of 5 FLND Form 2458 (rev 12/2003) Judgment in a Criminal Case : Page | of 3 [ { $:03cr33-003/MCR - CARL L. CARR ' ; ; UNITED STATES DISTRICT COURT ; NORTHERN DISTRICT OF FLORIDA | PANAMA CITY DIVISION : . : . i UNITED STATES OF AMERICA i "vB. o Case # 5:03cr33-003/MCR i - CARL L. CARR USM # 05691-017 | Defendant's Attorney: : | Frank K. Martin (Retained) THE MARTIN FIRM 233 12" Street, Suite 301 : 3B . PO BOX 1436 | aet | COLUMBUS, GAsIS2HETS SO gonad & ud: onze: = = JUDGMENT IN A GRIMINAL CASE weos iL Lawes = | . The defendant pled guilty to Count 1 of the Indictment on February 23, 2004, Ascotghoy. iF is ! ve(s) the foll | ORDERED that the defendant is adjudged guilty of such count(s) which invol idwing ' offensa(s): , . : TITLE/SECTION NATURE OF DATE OFFENSE NUMBER OFFENSE * CONCLUDED COUNT 18 U.S.C. § 1956(a)(1) Conspiracy to Commit Money August 31, 2000 One and (h) : Laundering . The defendant Is sentenced as provided in the following pages of this judgment. The sentence Is imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing Commission. , IT IS FURTHER ORDERED that the defendant shall notify the United States attomey for this district within 30 days of any change of name, rasidence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. Date of Imposition of Sentence: May 6, 2004. M. CASEY RODGERS UNITED STATES DISTRICT JUDGE May [ft , 2004 ADMINISTRATIVE COMPLAINT EXHIBIT PAGE OF verte Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 2 of 5 FLND Form 2458 (rev 12/2003) Judgment in a Criminal Case Page 2 of 5 L, CARR 5:03cr33-GOS/MCR » CARL PROBATION The defendant is hereby placed-on probation for a term of 5 Years. While on probation, the defendant shall not commit another federal, state, or local crime ‘and shall not illegally possess a firearm, ammunition, or destructive device. The defendant shall | also comply with the standard conditions that have been adopted by this court (set forth below). - If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that : the defendant pay any such fine or restitution. , For offenses committed on or after September 13, 1994: The defendant shall refrain from . any uniawful use of a controlled substance. The defendant shall submit to one drug test within 15 ’ days of release from placement on probation and at least two periodic drug tests thereafter, as : directed by the probation officer. The above drug testing condition is suspended based on the Court's determination that the : defendant poses a low risk of future substance abuse. STANDARD CONDITIONS OF SUPERVISION The defendant shall comply with the following standard conditions that have been ’ adopted by this court. wa The defendant shall not leave the judicial district without the permission of the court or probation Officer; : 2. The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; . » 4, The defendant shall support his or her dependents and meet other family responsibilities; 58 The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; ~ 6 The defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; OF The defendant shail refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; . 8 The defendant shail not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9. The defendant shall not associate with any persons engaged In criminal activity and shail not associate with any person convicted of a felony unless granted permission to do so by the probation officer; . ADMINISTRATIVE COMPLAINT. EXHIBIT # __. PAge OF AGE a ie Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 3 of 5 " FLND Form 2458 (rev 1272003) Judgment in a Criminal Case : Poge 3 of 5 5:03cr33-O0U/MCR » CARL L. CARR 40. The defendant shall Permit a probation officer to visit him or her at any time at home or elsewhere and Shall permit confiscation of any contraband observed in Plain view of tha probation officer; 11. The defendant shall notify the probation officer within 72 hours of being arrested or F questioned by a law enforcement officer;. 42. The defendant shall not enter Into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and 13. As directed by the probation officer, the defendant shail notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. . 14. If this judgment imposes a fine or a restitution obligation, it shail be a condition of supervision that the defendant pay any such fine or restitution In accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. ADDITIONAL CONDITIONS OF PROBATION The defendant shall also comply with the following additional conditions of probation: 1. The defendant shall not own or possess, elther directly or constructively, a firearm, ; dangerous weapon, or destructive device. ; . 2. The defendant shall submit all requested financial information to the probation i Officer, both business and personal. : 3. - The defendant shall make periodic payments toward his fine balance In an amount . to be determined by the probation officer. 4. The defendant shail not obtain a passport while under supervision. ; ; Upon a finding of a violation of probation or supervised release, | understand the Court may : (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of i 1 supervision. These conditions have been read to me. | fully understand the conditions and have been provided @ copy of them, i Defendant . : Date ; i] U.S. Probation Officer/Designated Witness Date : BUMINISTRATN ES COMPLAINT EXxHisiT i} STB PAGE OF me —— Case §:03-cr-00033-MCR Document170 Filed 05/11/2004 Page4of5 | | FLND Form 2458 (rev 12/2003) Judgment in a Criminal Case : Page 4 of 5 5:O3er33-00U/MCR - CARL L. CARR CRIMINAL MONETARY PENALTIES 1 All criminal monetary penalty payments, except those payments made through the Bureau i of Prisons’ Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District Court, unless otherwise directed by the Court. Payments shail be made payable to the Clerk, U.S. | District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments i ’ can be made in the form of cash if paid in person. ‘ : The defendant shall pay the following total criminal monetary penalties in accordance with a _ the schedule of payments set forth in the Schedule of Payments. The defendant shall pay interast : * on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the ' fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment * options In tha Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g). ; SUMMARY . ; ! : Special — Monetary Assessment Fine Restitution $100.00 - $10,000.00 None SPECIAL MONETARY ASSESSMENT . A special monetary assessment of $100.00 is imposed. FINE A fine in the amount of $10,000.00 is imposed. ' The Court has determined that the defendant does not have the abllity to pay Interest. It Is ORDERED that: In the interest of justice, interest on the fine is waived. No restitution imposed. FORFEITURE The Court has entered a separate Final Order of Forfelture in this case and It is adopted as part _ of this judgment. ADMINISTRATIVE COMPLAINT OF mis Case 5:03-cr-00033-MCR Document170 Filed 05/11/2004 Page 5 of 5 FLND Forni 245B (rev 12/2003) Judgment ina Criminal Case Page 5 of 5 CARR S:93crI3-OO3/MCR - CARL L. SCHEDULE OF PAYMENTS " Payments shall be applied in the following order: (1) special monetary assessment; (2) non- federal victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; (7) penalties in full immediately . Breakdown of fine and other criminal penalties Is as follows: Fine: $10,000.00 SMA: $100.00 Restitution: $None Cost of Prosecution: $None . The $100.00 monetary assessment shall be paid immediately. Any payments of the monetary assessment and the fine made while the defendant is incarcerated shall be made through the Bureau of Prisons’ Inmate Financial Responsibility Program. The remaining balance shall be : paid as follows: The defendant must notify the court of any material changes in the defendant's economic circumstances, In accordance with 18 U.S.C. §§ 3572(d), 3664{k) and 3664(n). Upon . notice of a change in the defendant's economic condition, the Court may adjust the installment payment schedule as the Interests of justice require. : Special Instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C. _ § 3664 (1(3)(A): . Unless the court has expressly ordered otherwise above, if this judgment Imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of ; imprisonment. tn the event the entire amount of monetary penalties Imposed Is not paid prior to . the commencement of supervision, the U.S. probation officer shall pursue collection of the "amount due. The defendant will receive credit for all payments previously made toward any “criminal monetary penalties imposed. AW VIMISTRALIVE COMPLAINT

Docket for Case No: 10-001144PL