FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pee 5/18/2045 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-036372 PAUL SVEJDA, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Paul Svejda (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the real estate profession pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455 and 475, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of real estate services pursuant to Section 455.228, Florida Statutes. 3. At no time material to this complaint was Respondent 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. 4. Respondent’s mailing address is: 6881 Kingspointe Pkwy #11, Orlando, FL 32819. 5. Respondent’s broker license was revoked effective March 22, 2012. The broker of record, Respondent, for Florida Realty Center LLC was dropped on April 12, 2012. 6. Respondent, at all times material to this complaint, was listed as the manager of Florida Realty Center, LLC. 7. Respondent, through Florida Realty Center, LLC, is listed as the broker representing the buyer on the first letter of intent date February 21, 2014. 8. On or about March 5, 2014 Respondent, through Florida Realty Center, LLC, signed a second letter of intent where Respondent’s signature is in the section for the broker representing the buyer. 9. The HUD statement for the transaction includes a % commission to Florida Realty Center, LLC. COUNT ONE 10. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 11. Section 455.227(1)(q), Florida Statutes, subjects a person to discipline for “[v]liolating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board.” 12. Section 475.42(1) (a), Florida Statutes provides that: [A] person may not operate as a broker or sales associate without being the holder of a valid and current active license therefore. 13. Subsection 475.01(1) (a), Florida Statutes provides that: [Broker] means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration thereof, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business that: 14. 15. opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who 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 therefore; and all persons who advertise rental property information or lists. Subsection 475.01(3), Florida Statutes, [Wherever] the word “operate” or “operating” as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a_ broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense. provides Based upon the facts set forth above, Respondent violated Section 475.42(1) (a), Florida Statutes, more of the following ways: in one or a. By representing himself as a broker. b. By facilitating the purchase of property for another. c. By attempting to receive compensation for facilitating the purchase of property by another. 16. Based upon the foregoing, Respondent violated Section 475.42(1) (a), Florida Statutes, and thereby violated Section 455.227(1)(q), Florida Statutes, when Respondent engaged in the practice of real estate by operating as a broker or sales associate without being the holder of a valid and current active license. Respondent thereby also breached Section 455.228, Florida Statutes. WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $5,000 for violations of Chapter 475, Florida Statutes, assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time; or any other relief the Department is authorized to impose pursuant to Chapters 455 and 475, Florida Statutes, and the rules promulgated thereunder.) [Signature Page to Follow] SIGNED this 6 day of May , 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation Ls[ Jennie Beth Schwartz Jennie Beth Schwartz Assistant General Counsel Florida Bar No. 92536 Department of Business and Professional Regulation Office of General Counsel 400 W. Robinson Street, Suite N801 Orlando, Florida 32801-1757 (407) 481-5662 Telephone (850) 617-4412 Facsimile Jennie.Schwartz@myfloridalicense.com PC Panel Date: 5/6/15 PC Panel: DBPR 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: 15-004683