FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Prootor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| 54, 49/09/0014 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008026327 DIANE LISA RYAN Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against DIANE LISA _ RYAN, (“Respondent”) and alleges the following: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. Respondent is licensed as a real estate sales associate in the State of Florida, having been issued license number 439471. 3. Respondent’s address of record is 1533 Cades Bay Avenue, Jupiter, FL 33458. 4, From November 29, 2005 to April 1, 2010, Respondent worked for a broker as a sales associate, yet failed to register her employment with Petitioner. Filed February 7, 2012 3:48 PM Division of Administrative Hearings 5. On or about May 20th, 2007, Respondent executed a potential buyer’s offer for the purchase of a home, wherein, under listing a" broker, Respondent provided, “Diane Ryan/Robert E. Ryan 2%. 6. Respondent possessed no ownership interest in the above property. 7. Section 475.42(1) (b), Florida Statutes (2007), provides, [a] person licensed as a sales associate may not operate as a broker or operate as a sales associate for any person not registered as her or his employer. 8. Section 475.01(a), Florida Statutes (2007), provides, in relevant part, that one is acting as a broker, when, [one] directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor. 9. As set forth above, Respondent violated Section 475.42(1) (b), Florida Statutes (2007). As listing agent, Respondent executed an offer for the purchase of real property, and, if consummated, she expected to receive compensation therefrom. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, other relief that the Commission deems appropriate. SIGNED this 13'5. day of December , 2011. KEN LAWSON, Secretary Department of Business and Professional Regulation Joshua Newell Kendrick By: Joshua N. Kendrick Assistant General Counsel Florida Bar No. 56129 Department of Business and Professional Regulation Office of General Counsel Division of Real Estate 1940 N. Monroe Street Tallahassee, FL 32399 (850) 488-0062 - Telephone (850) 921-9186 - Facsimile PCP Date: 12/12/11 PCP MEMBERS: DeNapoli/Ruffier and any NOTICE OF RIGHTS 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 Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-000519PL