FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pate 42/8/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 2011-031953 2011-026716 JOHN DAVID WHITWORTH AND AFFILIATED AUCTIONS & REALTY LLC, Respondents. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Board of Auctioneers (Board) against John David Whitworth and Affiliated Auctions & Realty LLC (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 Affiliated Auctions & Realty LLC was licensed to practice auctioneering in the State of Florida as an Auction Business, having been issued license number AB 2286, 3. At all times material to this Complaint, Respondent John David Whitworth was licensed to practice auctioneering in Filed June 1, 2012 1:55 PM Division of Administrative Hearings the State of Florida as an Auctioneer, having been issued license number AU 3103. 4, Respondents’ address of record is 2500 Apalachee Parkway, Suite C, Tallahassee, Florida 32301. 5. On or about September 21, 2010, Respondents contracted with R. Silas Pierce (Pierce) to auction Pierce’s merchandise. 6. On or about December 5, 2010, Respondents auctioned some of Pierce’s consigned merchandise. 7. Respondents failed to return unsold merchandise within 30 days of the auction date. 8. Respondents failed to include the auctioneer or auction business license number on a catalog advertisement disseminated with items available to purchase at auction. Count One 9. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 10. Section 468.389(1)(c), Florida Statutes, subjects a licensee to discipline for “[flailure to account for or to pay or return, within a reasonable time not to exceed 30 days, money or property belonging to another which has come into the control of an auctioneer or auction business through an auction.” 11. Based upon the facts set forth above, Respondent violated Section 468.389(1)(c), Florida Statutes, by failing to return unsold items to Pierce within 30 days of the auction date. Count Two 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 13. 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.” 14. Section 468.388(11) (b), Florida Statutes, states “[n]o licensed auctioneer, apprentice, or auction business may disseminate or cause to be disseminated any advertisement or advertising which is false, deceptive, misleading, or untruthful. Any advertisement or advertising shall be deemed to be false, deceptive, misleading, or untruthful if it: 5. Fails to include the name and license number of the principal auctioneer and auction business.” 5. Based upon the facts set forth above, Respondents violated Section 468.389(1)(4), Florida Statutes, through a violation of Section 468.388(11) (b), Florida Statutes, by failing to include Respondents’ license numbers on an advertisement. 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. Signed this 30th day of November, 2011. KEN LAWSON, Secretary Department of Business and Professional Regulation By: 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 PC Found: 11/28/11 PC Found By: L Parson 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 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. Document in Unnamed 5

Docket for Case No: 12-001973