|. 3200 PL STATE OF FLORIDA ar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2009023055 LARRY M. PETTIT, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Larry M. Pettit (“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 474073 H:\ac\pettit.doc FDBPR v. Larry M. Pettit Case No. 2009023055 Administrative Complaint in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker associate with NRT New York LLC, 340 Royal Poinciana Way #302, Palm Beach, Florida 33480. 4. On or about November 5, 2008, in the Circuit Court of the Fifteenth Juridical Circuit, Palm Beach County, Criminal Division, Respondent plead guilty to Count 1, Perjury, giving false written declaration and Count 2, Perjury, in official proceeding, both criminal charges being third degree felonies in the state of Florida. 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 entering a please to a felony criminal offense. 6. Respondent entered a please to a criminal offense in the state of Florida which involves moral turpitude, or fraudulent or dishonest dealings. 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. Hac \pettit.doc : 2 FDBPR v. Larry M. Pettit Case No. 2009023055 Administrative Complaint COUNT TWO Based upon the foregoing, Respondent is guilty of having been 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 H:\ac\pettit.doc 3 FDBPR v. Larry M. Pettit Case No. 2009023055 Administrative Complaint 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, 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 61J2-24.001. H:\ac\pettit.doc 4 FDBPR v. Larry M. Pettit Case No. 2009023055 Administrative Complaint SIGNED this 2! aay of January , 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Pav. “< #4422) FOR, By: dames Patrick Harwood Assistant General Counsel Fla. Bar No. 425941 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: 1/21/10 PCP MEMBERS: JDR/HF H:\ac\pettit.doc 5 FDBPR v. Larry M. Pettit Case No. 2009023055 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\pettit.doc 6 4050 . IN THE CRIMINAL THE CIRCUIT COURT OF THE CRCUIT IN FOR PALM BEACH COUNTY, FLORIDA CARE NO; 2008CPOUS28AMB - DIV:T STATE OF FLORIDA { }ecmaanery comet vio AToR. vy ( | PROBATION VIOLATOR LARRY MARTIN PETTITT, W/M, 07/02/1959, 369-66-7371 / es (J Fars Orsini PENTOSE OOAT Meche AR OSMCTAL i civ 5) and no couse having been shown why the Defcadant should nos be adjudicated gaiity, IT 18 CAUDERED THAT the defeadant is hereby ADJUDICATED GUILTY of the above crime(s), [] and having been convicted or found quilty of, or having entered « ples of solo contendere or guilty, regardless of adjudication, to atempts or offenses relating to sexual battery (ch. 794), leved and lateivicus coadnet (ch 200}, or seureer (8782.04), aggravated battery (4 784.049), borgiery, (3.810,02) carjacking (2.812.133), or hoone invasion: robbery (3.812.135), Or amy other offense specified in section 943.325, the defendera chal! be required to aubenit blood apecimens. I and good came being ahown: ITIS ORDERED THAT ADIUDICATION OF GUILT BE WITHHELD. STAYED { ] The Cours hereby: and withhalds imposition of seriance as to comnt(s) and places the Defendant on, probation ee ar | Comsat Cel mcr ogee os Dee ea ee Deine om] pret separate order}, SENTENCE DEFERRED [ ] The Court hareby defers impoeition of entence until The Defendant in Open Court was adivined of his right 10 appeal fom the Jodgment by filing notice of appeal with the Clerk of Court Within thirty days following the date sentence ia imposed of probatica ia cndered punruant to thia adjudication. The defendant was also wivined of his right to the exxirtance of counsel in taking said appeal at the expense of the Stabe upon showing of indigency, DONE AND ORDERED in Open Court at Palm Beach County, Florin this CL day of NON. 008. FILED CIRCUIT COURT JUDGE Clreult Criminal Department COUNTY STATE OF FLORIDA * PALM BEACH NOV 2008 I haraby certily that the SCANNED 05 foregoing ts a true copy 10 2008 SHARON R. Bor \ FA k & Comp AOV Palm Beach County . amy PRAT: COMPLAINT, . COMPTROLLER EXHIBIT # EXHI TS page YO *y DEPUTY CLERK PAGE J OF Sas OFFICE OF THE STATE ATTORNEY FIFTEENTH JUDICIAL CIRCUIT PROBABLE CAUSE AFFIDAVIT OBTS ' CHARGE TYPE [3] 1. Arrest 3. Request for Warrant/ Juvenile 2.N.T.A. 4, Request for Capias Agency ORI NUMBER FL 050015A Agency Report Number 08-00899 - Charge Type [X ] Felony [ ] Misdemeanor [ ] Ordinance { ] Traffic Felony [ ] Traffic Misd { ] Other Special Notes Defendant LARRY M PETTIT Alias Race: W Sex: M DOB: 07/02/1959 - Charge(s). 1, PERJURY (false written declaration) 3. 2. PERJURY (official proceeding) 4, Victim STATE OF FLORIDA Race: Sex: DOB: Local Address Locak Phone Business Address Business Phone The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The person taken into custody { ] committed the below acts in my presence. [ ] confessed to admitting the above facts. [ Jobserved by _ Witness's who told that he/she saw the arrested person commit the below acts. [X] was found to have committed the below acts, resulting from my (described) investigation. On the 10th day of November, 2007; LARRY M PETTIT, w/m, 07/02/1959, did file for a Petition for Injunction for Protection Against Dating Violence (2007DR012299XXXXNB). As part of the petition PETTIT did allege that on Oct. 4, 2007, after a hearing at the North County Courthouse, he was outside when an incident occurred between him (PETTIT) and Brittan Moore. According to the document prepared by PETTIT he alleged he was driving south in the parking lot and passed the vehicle Moore was in. According to the document filed with the court, Moore went to the trunk of the vehicle and removed a steel bar, similar to a “club” used to lock steering wheels. PETTIT further described that Moore raised the metal pipe in the air and walked towards his vehicle. PETTIT stated in writing the he was frightened that Moore was going to strike the windshield of his vehicle, causing damage and possibly injuring him. raative CCBXMIBIR g PAGE? PETTIT further stated in writing that he turned his vehicle away from Moore, and came to an abrupt stop. PETTIT described honking his horn to draw attention to the incident and when Moore was near the side of his vehicle, he sped off as he feared for his life and safety. The document which details this incident is notarized and attached to the petition. The petition includes the wording “I, Larry Martin Pettit, being duly sworn, certify that the following statements are true”. The final page of the petition where PETTIT would sign includes the language that the person understands that they are swearing or affirming under oath to the truthfulness of the claims made and that the punishment for knowingly making a false statement includes fines and or imprisonment. This document is dated 10-10-07, signed by PETTIT and signed before olanda King. The filing of this petition resulted in hearings before the Honorable Richard L. Oftedal, Circuit Judge, assigned to the North County Courthouse. On Nov. 8, 2007, sworn testimony was provided by PETTIT in which he again described the alleged ‘incident on Oct. 4, 2007, In a continuation of the hearing on Noy. 15, 2007, PETTIT was informed by the Court he was still under oath and was asked questions related to the alleged incident on Oct, 4, 2007. PETTIT again confirmed the allegations to the Court. During this hearing evidence was introduced by Jason Weiss, Esquire on behalf of Moore. This evidence consisted of a copy (CD) of the security cameras for the North County Courthouse, parking lot area. The CD was played in open court and did not support the allegations made by PETTIT in the written petition or during testimony to the Court. No incident or altercation was observed in which Moore can be seen with a metal pipe approaching the vehicle operated by PETTIT. On Feb. 26, 2008, I went to the North County Courthouse and obtained certified copies of the petition filed by PETTIT. I was also provided with a copy of the CD presented in court on Nov, 15, 2007. The original has been placed into evidence with the Clerk’s Office. On Feb. 27, 2008, I obtained a CD of the court proceedings on Nov. 15, 2007. In reviewing the audio tape the court concluded after hearing testimony and viewing the CD of the security camera that PETTIT fabricated the incident of Oct. 4, 2007 and lied in his petition and to the Court. Also on Feb. 27, 2008, I reviewed the CD from the security cameras and no incident can be seen that in any manner supports the allegations made by PETTIT in the petition or in court. . Based on these facts, LARRY M PETTIT did unlawfully sign a petition for protection against dating violence, a written declaration on a document authorized or required by law, by rule of an administrative agency, or by rule of court, knowing that said declaration was false, contrary to Florida Statute 92.525(1),(2) and (3) (Oct. 10, 2007) perjury, false written statement. Page 2 of 3 4 PAGES D Based on these facts LARRY M PETTIT, did unlawfully make a false statement, which he did not believe to be true, under oath in an official proceeding in regard to any material matter, contrary to Florida Statute 837.02(1), perjury in an official proceeding. State of Florida . County of Palm Beach The foregoing instrument was acknowledged before me this_2”) day of Feb. 2008 by Inv. Michael Waites who is personally known to me. Signature of Bl Officer Name of Officer: Inv. Michael Waites Page 3 of 3 "= COMPLAINT = CON HIBIT__B page d9 Docket Report Search Results (DRR) - Not an Official Document ; ‘Page 1 of | [e] Case ID:! 502008MMO15560 AXXXMB Docket Start Date: Docket Ending Date: Case ID; 2008MM015560AXXXMB Case Caption: PETTIT, LARRY Division; P - BONAVITA Filing Date: Thursday , July 31st, 2008 Court:~ ‘MM - MISDEMEANOR Location: MB - MAIN BRANCH Jury: N-Non Jury Type: MS - MISDEMEANOR Status: "PCA - PROBABLE CAUSE AFF/CITAT/COMPL ‘Related Cases No related cases were found. Case Event Schedule [STATUS “tesnov-2000 [MAIN [COURTROOM | [sonar SUBSE AUGUST [cuecK [08:30AM __| BRANCH] 4D [OALENDAR| [15-YAN-2010 MAIN 4 sgurTROOM BONAVITA, SUDGE AUGUST] [cat _Jo9:00AM_-_ | BRANC Case Parties Big : . Page 1 of 2 b New Search : Phonetic Search: off LastName: pettit First Name: larry P1614388 PETTIT, LARRY M unavailable Case: SGAOSBCAUUTUSERRUGAF PHILLIP DRESDEN V PGM DEVELOPERS INC DEFENDANT 04-MAY- 98 @86137 PET II, LARRY M unavailable Case: SOODIGATOOTDORRPNI LAUREN P & CHRISTIE L PETTIT PRENEED PETITIONER 17-JUL-03 @605797 PE TIT, LARRY M unavailable Case: 5021 IB PATRICIAL PETTIT V LARRY M PETTIT RESPONDENT 26 -MAY-06 @605797 unavailable Case: ; SEROTEC PETTIT V MOORE PLAINTIFF 25-JUN-08 @1031876 PETTIT, LARRY M unavailable Case: ~“SO260FBROCSSOTXEXNNG BRITTAN M MOORE V LARRY M PETTIT RESPONDENT 10 -AUG-07 @1031 876 PETTIT, LARRY Ml unavaiable Case: -SO2007ORUTTOTTRNO@GNB. BRITTAN MICHELLE MOORE V LARRY M PETTIT RESPONDENT 19 - SEP-07 CHILACE ean M avenable Case: BRITTAN MOORE V. LARRY PETTIT RESPONDENT 04 -OCT-07 @1 0318 anmgososneooole 6 PETTI RTT LARRY Moa M unavailable Case: LARRY PETTIT VBRITTAN MOORE PETITIONER 18-MAR-08 Gee TOT EGOLIERGOXMB TPETIIT, TT CARRY Moa RY M unavailable Case: L PETTIT VS B MOORE PLAINTIFF 28-SEP-07 @1082881 PETTIT, LARRY M a . Case: —SO0Z0U7DROTZ299>00ONS— LARRY M PETTIT V BRITTAN M MOORE PETITIONER 10-OCT-07 @ 108288" 1 PETTIT, TARRY M unavailable @ e2007 360 OMB | PETTIT VS B MOORE PLAINTIFF 09-OCT-07 @1 082881 PETTIT, LARRY Mt inavailable LARRY M unavailable . Case: S0Z0UTSCOTEZSROGOMB— L PETTIT VS B MOORE PLAINTIFF 19-NOV-07 @1207765 PETTIT, LARRY ME unavailable LARRY PETTIT VS MOORE PLAINTIFF 21-NOV-07 @1082881 PETTIT, LARRY PETTIT VS BELEW PLAINTIFF 18-JAN-08 @1405333 PETTIT, §-JUN-08 @1142157 PETTIT, LARRY Cas 4 S608 : MARTIN iinavallable . Case: 502007MM023657AXXXNB PETTIT, LARRY DEFENDANT 16-NOV-07 @1142157 PETTIT, LARRY "MARTIN unavailable PETTIT, LARRY MARTIN DEFENDANT 24-MAR-08 @1142157 PETTIT,- unavailable 502008MMO01 S560AXXXMB ° PETT. IT, LARRY DEFENDANT 31-JUL-08 @1361224 PETTIT, LARRY ’ MARTIN unavailable Case: SO26G8BROOSTSEXRXMMIE™ PATRICIA LYNN MIELE V LARRY MARTIN PETTIT RESPONDENT 20- MAY- 08 Sao ees unavailable Czas 263 5 Led 501985CCOO5S90XXEVRF DENNIS ROTH V LARRY PETTIT pace pee p personcase srch_detail... 8/5/2009 | & | . NARRATIVE CONTINUATION assist in this investigation. | pulleg. up this website and found that Larry Pettit had various properties listed forsale on the site to include 5380 N Ocean Dr apt# 21-| and 5150 N Ocean Dr. Pettit's website identified himself es ¢ Broker/Salesman at Corcoran Group Real Estate. On.3-4 9-08 at approximately 0915 hrs, | responded to 5150 N Ocean Dr which was the "Via Delfinc” conde building. | made contact with the doorman, Tony’ Alipe whic advised that Ortino had moved from.the building in: January. Alipo was able tc provide me with a copy of a sign in sheet from 12-7- 07, which records anyone entering into the building on that date. This sheet showed that on 12-7-07 at 0940 hrs, Larry Pettit, Bil ‘Globokar from Coldwell Banker end. Kevin Rose from Fidelity Building Inspection signed in to Unit# 1201 which was Ortine’s residence, The sheet documented that Globokar end Rose sirigéd out at 1240 hrs end Pettit signed-out et 1300 hrs. No other persons signec in to this unit’ on this date. Alipo told me that he was the doorman working on that date however he did not have jany independent recollection of Pettit. | noted that the building was equipped with security video ‘at which time [tequested they check to see if video was available from 12-7-07 which | was told woulc be checked. | lefi my business card and requested | be contacted if videc was available from that date. . | then responded to 5380 N Ocean Gr and met with the doorman at that location. | was advised that Ortino was ai past owner of Unit 21-1 several years ago however the unit was currently owned by someone else. At approximately 1000 hrs, | responded to 101 N County Rd which wes provided by AT&T WorldNet. found that this address was the Cocoran Real Estate Group. | first made contact with computer technician, Paul Lancieri who advised that Quantitude, Inc-NRT was in fact Cocoran Real Estate Group. I then provided Lancieri with the IP 12.108.55.130 which he said did belong to the company and in faét belonged to one of their computers however he would need to research which computer it was. | provided Lancieri with my business card and requested he contact me as son as the information becomes available. | next met with Bobbi Gilligan, assistant to the General Managet/Director of Sales- William Yahn. Gilligan advised that Yahn was not in the office at this time. | asked Gilligan about the. properties. previously. mentioned as listed by Pettit and who.would have access to them. Gilligan advised that Pettit worked in the Palm Beach Gardens ‘office however she called and spoke to an employee at that office who advised that each individual realtor maintains the keys to the properties that they list. At approxiniately 1335 hrs, | made contact with Beatriz Ortino on the telephone due to the fact that sre currently resides in Colorado. | obtained a sworn taped statement from Ortino, a brief synopsis is as follows: ~ ‘ Ortino tald me that several years ago she owned the property at 5380. N Ocean Dr Unit# 21-1 however had moved to 5150 N Ocean Dr Unit#1201. Ortino told me that during December 2007 she was living, alone, at 5150 N Ocean Dr Unit# 1201 and her phone # was 561-881-8680 which is the DSL# provided by BellScuth.net. Ortine told me that she hac the property listed for sale through Larry Peitit and that/Pettit was the only individual other than building maintenance who had a key to the Unit. - Ontina tald me that on 42-7-07 she was in actually in Colorado. | asked Ortino if she knew Brittan Moore or had ever sent Moore any instant messages from her computer and she said she did not. Orting ned No further information at this time. . On 3.20108, received the records | had requested from Verizon Wireless. The reco rds showed that the text message received by Moore on 3-13-08 at 1357 hrs was from Source IP 177.255.241.254 showing] OrgName: Apple Computer Inc. It should be noted that this is the same Source IP provided Page 5 of & 1 paced 3

Docket for Case No: 10-003200PL