FILED Department of Business and Professional Regulation. Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pae 9/29/2044 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 2010-056705 2010-059495 BRUCE C. SCOTT and BRUCE C. SCOTT AUCTIONS & REAL ESTATE SALES, Respondents. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Board of Auctioneers (Board) against Bruce C. Scott and Bruce Cc. Scott Auctions & Real Estate Sales (Respondents), and alleges: 1. Petitioner is the state agency charged with regulating the practice of auction businesses and auctioneers, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part VI, Florida Statutes. 2. At all times material to this Complaint, Respondent Bruce C. Scott Auctions & Real Estate Sales was licensed to practice auctioneering in the State of Florida as an Auction Business, having been issued license number AB 157. 3. At all times material to this Complaint, Respondent Bruce C. Scott was licensed to practice auctioneering in the Filed May 1, 2012 3:24 PM Division of Administrative Hearings State of Florida as an Auctioneer, having been issued license number AU 415. 4. Respondents’ address of record is 3436 Marinatown Lane U4, North Fort Myers, Florida 33903. 5. n or around March 2010, Respondents contracted with Stanislaus Calise (Calise) to auction a home, the contents of the home and a storage unit, and five vehicles. 6. On or about May 16, 2010, Respondents held an auction to sell one of the vehicles and the contents of the storage unit. 7. As a result of that auction, Respondent owed Calise approximately $3,819.82 in proceeds. 8. As of the date of this Complaint, Respondent failed to provide Calise the proceeds from the auction. 9. Respondent failed to keep the funds held for Calise in an escrow account. Count One 10, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. ll. Section 468.389(1)(c), Florida Statutes, subjects a licensee to discipline for “[f]lailure to account for or to pay or return, within a reasonable time not to exceed 30 days, money TDiaermant in Trname: A or property belonging to another which has come into the control of an auctioneer or auction business through an auction.” 12. Based upon the facts set forth above, Respondent violated Section 468.389(1)(c), Florida Statutes, by failing to pay Calise the proceeds within thirty (30) days of the auction date. Count Two 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein. 14. Section 468.389(1) (4), Florida Statutes, subjects a licensee to discipline for “[v]iolating a statute or administrative rule regulating practice under this part or a lawful disciplinary order of the board or department.” 15. Section 468.388 (10) (a), Florida Statutes, states “[wlhen settlement is not made immediately after an auction, all sale proceeds received for another person must be deposited in an escrow or trust account in an insured bank or savings and loan association located in this state within 2 working days after the auction. A maximum of $100 may be kept in the escrow account for administrative purposes.” 16. Based upon the facts set forth above, Respondent violated Section 468.389(1)(j), Florida Statutes, through a violation of Section 468.388(10) (a), Florida Statutes, by Tinenmant in Tanamed ted failing to maintain the funds collected for Calise in an escrow account. WHEREFORE, Petitioner respectfully requests the Board of Auctioneers enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent! s licenses, restriction of Respondents’ practice, imposition of an administrative fine not to exceed $1,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, or any other relief that the Board is authorized to impose pursuant to Chapters 455 and 468, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Tinsiment in Tianemed Signed this 10th day of August, 2011. By: PC Found: PC Found By: 8/9/11 L Parson LP/pjm KEN LAWSON, Secretary Department of Business and Professional Regulation LeChea C. Parson LeChea C. Parson Assistant General Counsel Florida Bar No. 0016869 Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile

Docket for Case No: 12-001577