STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION f - FLORIDA DEPARTMENT OF BUSINESS iv. 2049 PL AND PROFESSIONAL REGULATION, | DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008061713 2008061717 STEVEN SERLE AND KATHLEEN D’ LANDO, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Steven Serle and Kathleen D’ Lando (“Respondents”) 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 Steven Serle is and was at all times material hereto a licensed Florida real estate broker, issued license H:\ac\serle.doc FDBPR v. Steven Serle Case No. 2008061713 Administrative Complaint numbers 3009356 and 364606 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as an active broker at Creative Ventures of Boca Inc., 6070 N. Federal Hwy., Boca Raton, Florida 33487 and Creative Ventures of Palm Beach Inc., 340 Royal Palm Way, Palm Beach, Florida 33480. 3. Respondent Kathleen D’Lando is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 3061920 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active sales associate at Creative Ventures of Boca Inc., 6070 N. Federal Hwy., Boca Raton, Florida 33487. 4. On or about July 16, 2008, Respondent Serle knew or should have known that Respondent Kathleen D’Lando, as an agent for ReMax Services, published or caused to be published, as the selling agent, the sale of a property known as 3420 S. Ocean Blvd., #11N Highland Beach, FL 33487 for $592,000. A copy of the publication is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5.. Respondent Serle knew or should have known that Respondent D’Lando was not a registered sales associate with Creative Ventures of Boca, Inc., d/b/a/ Remax Services. A copy of the licensing history is attached hereto and incorporated herein as H:\ac\serle.doc 2 FDBPR v. Steven Serle Case No. 2008061713 Administrative Complaint Administrative Complaint Exhibit 2. 6. On or about July 16, 2008, Respondent, Serle, as qualifying broker for Creative Ventures of Boca, Inc., d/b/a/ Remax Services employed Respondent D’Lando as a sales associate without registering with Petitioner, that Respondent D‘Lando was an employee. 7. On or about July 16, 2008, Respondent D’Lando, as an agent for Creative Ventures of Boca, Inc., d/b/a/ Remax Services listed a real property for sale located at 3420 S. Ocean Blvd., #11N Highland Beach, FL 33487 for $592,000 without being registered with Petitioner, as employed with Creative Ventures of Boca, Inc., d/b/a/ Remax Services. COUNT ONE Based upon the foregoing, Respondent Steven Serle is guilty of failure to ensure that each officer, director, and sales associate is properly licensed with the Petitioner in violation of Rule 61J2- 5.019 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1) (e), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent Kathleen D’Lando is guilty of having operated as a sales associate without a registered employer due to failure to renew or properly register in violation H:\ac\serle.doc 3 FDBPR v. Steven Serle Case No. 2008061713 Administrative Complaint of Florida Administrative Code Rule 61J32-24.002(2)(n) and Section 475.42(1)(b), Florida Statutes and, therefore, 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 $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 6132-24.001. 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, H:\ac\serle.doc 4 FDBPR v. Steven Serle Case No. 2008061713 Administrative Complaint 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 6132-24.001. SIGNED this day of , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Dawa M Mest’ £R OCOBNGZ 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 PCP Date: 11/16/09 PCP MEMBERS: JDR/GS H.\ac\serle.doc 5 FDBPR v. Steven Serle Case No. 2008061713 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. Hi\ac\serle.doc 6 Address: 3420 S OCEAN Bivd # 11N Residential Full Report MLS#: R2764707 PID: 24434633240001114 List Price: $592,000 MLS#: R2764707 St: Sold Type: RES Rang.P:; Area: 4150 GEOArea: PBO1 Sub Type: C Orig. LP:$ 592,000 Address: 3420 S OCEAN Bivd # 11N City: Highland Beach Zip Code: 33487 - 4727 County: Palm Beach Zoning: RES Parcel (Orig): — 24434633240001114 Tax ID (Realist): 24434633240001114 Legal: Coronado At Highland Beach Lot: Blk:, Lot SqFt: Frontage: Depth: Subdivision: CORONADO AT HIGHLAND BEACH Development: CORONADO OCEAN CLUB Model Name: DOLPHIN Front Exp: E Lot Size: Garage: Waterfront: N WTR Frontage: Carport: Dack#: Parking Space: Pool: Y Virtual Tour: LivingRm: 23x16 Den: Master BR: 15x 13 LivSqFt: 1,457 BR: 2 Kitchen: 12x10 Family Rm: Bedroom 2: 13x11 Tot SqFt =: 1,500 FB: 2 Dining Rm: ida Rm: Bedroom 3: Guest Hse: HB: 0 Dining Ar: Patio/Balc: Bedroom 4: Yr Built: 1983/ Resale FANS Utility: Porch: Bedroom 5: Pool Size: Pets: N Bldg#: Unit Fir#: Land Lease: Mobile Home Size: Floors/Bldg: 15 Short Sale: N Rec Lease: Decal#: Units/ Bldg: 168 Short Sale Addendum: Min Days/Leases: 90 Serial#: Units/Complex: 336 Lease Times/Yr: 2 Brand Name: Governing Bodies: CONDO Application Fee: = $50 Tax Year/Amt: 2005/ $7978 HOA: M/ $2,099 / QTR Mbrshp Equity: SpecAsmt: N Dir: WEST. SIDE OF A1A BETWEEN LINTON AND SPANISH RIVER LO: 606189 Campbell & Rosemurgy Real Esta 561-395-9355 Fx: LA: 60576434 Meris Lippman 561-265-1852 Pimary Phone: 561-504-0737 CLO: LD: 01/17/07 CLA: : XD: 04/20/08 Compensation: NonRep: Buyer Agt: 3 Trans Brk: 3 Bonus: LA E-mail: luckymeris@yahoo. com Dual/Var Rate: N List : ER Owner: WITHHE! Owner Phone: List Off Agency: TRANBK Public: BEAUTIFUL a2 AP. WITH FABULOUS VIEWS OF THE OCEAN. CORNER UNIT ALSO HAS VIEW OF INTRACOASTAL. 24HR SECURITY-LUXURY BEACH CLUB ON OCEAN SIDE AND DOCKS ON THE INTRACOASTAL. Design: MULTI-LEVEL, View: OCEAN, INTRACOASTAL, TENNIS Const: CONCRETE WtrFrt: OCEAN ACCESS Unt Desc: CORNER, INTER HALLWY, LOBBY Secur: SEC SYST/OWN, GATE-MANNED, SEC PATROL Roof: TAR GRAVEL Mmbrsh: Floors: CARPET Cool: CENT INDV, HUMIDSTAT Frnsh: TURNKEY Heat: — CENTINDV, HEAT STRIP Dining: DIN-LIV Utilities: 3-PHASE ELEC, PUBLIC WATER, PUBLIC SEWER Gst Hse: cet MBR/MBath: — SEPSHOWER Boat Servi “Spec Info: FOREIGN SLR Rooms: UTIL-LNDRY Restrctn BUYER APPRV, TENANT APPRV, INTERVW REQ , LSE OK W/RST , NO PETS , NO TRUCK -RV Window/Trmts: SUDING FeeIncl: COMMON AREA, MAINT-EXTR, MAINT-INTR PEST CONTROL POOL SERVICE TRASH REMOVL SECURITY INSUR-BLDG CABLE ELEVATOR MGMT FEES LEGAL ACTNG Equip/Appl: WASHER, DRYER, REFRIGERATOR, RANGE, DISHWASHER, ELEC WTR HTR, DISPOSAL, ICE MAKER, MICROWAVE, SMOKE DETECT Private Pool: Parking: BLDG GAR, ASSIGNED, UNDER BLDG, DEEDED Lot Desc: MH Features: Subdv Info: POOL, TENNIS, CLUBHOUSE, ELEVATOR, LOBBY, EXER ROOM, SAUNA, SPA- HOT TUB , TRASH CHUTE , BIKE STORAGE , PUTT GREEN Interior: NONE Exterior: Show: APPT ONLY, OWNER OCC, LA - ACCOM Taxes: city / co DOM: 546 Poss: AT CLOSE Terms: CASH, CONVENTIONAL CcpOM: 452 Byr Orig: U.S. ing 1/15/08 Closing Date: 07/16/08 SP: $380,000 Te 2 CASH Sell Office: 606376 Re/Max Services S/Agent: 63061920 D'Lando of Contingencies: — eT ADMINISTRATIVE COMPLAINT EXHIBIT #_! PAGE |. OF nA Division of Real Estate Florida pecarments. Thomas O'Bryent, Jr Drea je LA jomas ryant, Jr., Director B usin es. WZ 400 West Robinson Street, N801 roressiona Orlando, Florida 32801-1757 Regul ati on Phone: 407.481.5662 + Fax: 407.317.7245 Charles W. Drago, Secretary Charlie Crist, Governor CERTIFICATION 1, THOMAS W O’BRYANT, JR., DIRECTOR OF THE DIVISION OF REAL ESTATE, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CERTIFY THAT THE ABOVE SEAL !S THE AUTHENTIC SEAL OF THE STATE OF FLORIDA, AND THAT THE RECORD BELOW SETS FORTH ACTIVITIES OF THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE. : Steven Serle, Broker, License #BK — 3009356 From May 18, 2000 to the Present he is a broker affiliated with Creative Ventures of Boca, Inc. trading , as Re/Max Services license number CQ 1008637, a brokerage corporation located at 6070 North Federal Highway, Boca Raton, Florida 33487. Disciplinary Actions - There is no record of any disciplinary action against Steven Serle. Certified at Orlando, Florida this 17th day of September 2009. Thomas W. O’Bryant, Jr., Dire Division of Real Estate LPLALRCE anis Dodd, Regulatory Specialist I! " Division of Real Estate ee cea tripe RR eer me ESE, LICENSE EFFICIENTLY. REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM 9 ~~ Alorida Department? Division of Real Estate Th is O'Bryant, Jr., Directo: Busin es My AD ) ol 400 West Robinson Stet, NEO! Orlando, Florida 32801-1757 R roression a Phone: 407.481.5662 * Fax: 407.317.7245 Ee Charles W. Drago, Secretary Charlie Crist, Governor CERTIFICATION 1, THOMAS W O’BRYANT, JR., DIRECTOR OF THE DIVISION OF REAL ESTATE, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CERTIFY THAT THE ABOVE SEAL IS THE AUTHENTIC SEAL OF THE STATE OF FLORIDA, AND THAT THE RECORD BELOW SETS FORTH ACTIVITIES OF THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE. Kathleen D’Lando, P.A., Sales Associate, License #SL — 3061920 That on October 2, 2003 Kathleen D’Lando passed the Florida Real Estate Sales Associate examination; That from October 2, 2003 to February 3, 2004 her license was in an inactive status. That from February 3, 2004 to December 23, 2004 she was a sales associate affiliated with Creative Ventures of Boca Raton, Inc. trading as Re/Max Services license number CQ 1008637, a brokerage corporation located at 6070 North Federal Highway, Boca Raton, Florida 33487; That effective December 23, 2004 Kathleen D’Lando registered the P.A. designation and remained with Creative Ventures of Boca Raton, Inc. trading as Re/Max:Services license number CQ 1008637, a brokerage corporation located at 6070 North Federal Highway, Boca Raton, Florida 33487; , . That from June 24, 2005 to September 28, 2006 she was a sales associate affiliated with Bass Family Enterprises, Inc. trading as Keller Williams Boca Raton license number CQ 1015490, a brokerage corporation located at 2500 North Military Trail, Suite 102, Boca Raton, Florida 33431; That from September 28, 2006 to January 9, 2009 her license was in an inactive status. That from January 9, 2009 to the Present she is a sales associate affiliated with Creative Ventures of Boca Raton, Inc. trading as Re/Max Services license number CQ 1008637, a brokerage corporation located at 6070 North Federal Highway, Boca Raton, Florida 33487. ADMINISTRATIVE COMPLAINT, LICENSE EFFICIENTLY. REGULATE FAIRLY, 2 <= -Zesee ~- bd WWW.MYFLORIDALICENSE.COM Disciplinary Actions There is no record of any disciplinary action against Kathleen D’Lando. Certified at Orlando, Florida this 17th day of September 2009. Thomas W. O’Bryant, Jr., Director’ Division of Real Estate ATTEST: Dodd, Regulatory Specialist Il ivision of Real Estate

Docket for Case No: 10-002099PL