Deputy Agency Clerk STATE OF FLORIDA CLERK — Eveltte Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT pate 6/30/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2013-015140 DAVID DRUMM, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against David Drumm (“Respondent”), and alleges: 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. At all times material hereto, Respondent was licensed as a Real Estate Sales Associate in the State of Florida, having been issued license number 3216911, with a current, inactive status. 3. Respondent's address of record is 2317 El Dorado Parkway West, Cape Coral, Florida 33914. 4. PC Mediators, LLC. (PC Mediators), through Respondent and its owner, Nita Drumm, facilitated a lease agreement for and/or managed a property located at 3753 SE 3°¢ Avenue, Cape Coral, Florida 33904 (Subject Property) with a rental period from February 1, 2011 until February 1, 2012. 5. At no time material hereto was PC Mediators duly licensed as a real estate sales associate or broker, to engage in the practice of real estate services pursuant to chapter 475, Florida Statutes. 6. PC Mediators received or intended to receive a compensation or commission for facilitating the lease agreement for and/or managing Subject Property. Ts PC Mediators had no legal ownership interest in Subject Property. COUNT ONE 8. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 455.227(1)(j) Florida Statutes, subjects a real estate licensee for discipline for: Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 10. Based on the foregoing, Respondent violated section 455.227(1) (3), Florida Statutes, by aiding, assisting, procuring, employing, or advising the unlicensed company PC Mediators and the unlicensed person Nita Drumm. 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, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. Signed this 20 day of June, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Jennie Beth Schwartz Jennie Beth Schwartz Assistant General Counsel Florida Bar No. 92536 Department of Business and Professional Regulation Office of the General Counsel 400 W. Robinson Street N801 Orlando, FL 32801 407-650-4395 PCP Date: June 19, 2014 PCP Members: Hornsleth/ Chotas 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. Any request for an administrative proceeding to challenge or contest the .charges contained in the Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 14-004178PL