FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI| pate 8/27/2015 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-049209 JOANNE MARIE RAIANO KENNEDY, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against JOANNE MARIE RAIANO KENNEDY, (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. Respondent is licensed as a real estate sales associate in the State of Florida, having been issued license number SL 520698. 3. Respondent’s address of record ts 2965 SW Brighton Way, Palm City, FL 34990. 4. At all times material to this Complaint, Respondent was a sales associate registered with Safe Harbor Realty of Martin County d/b/a Keller Williams of the Treasure Coast, a real estate corporation having been issued license number CQ 1025070. 5. On or about October 10, 2014, Respondent and Steven Paley, as buyers, executed a contract for the purchase of a property located at 3884 SE Old St. Lucie Blvd., Stuart, FL 34996, with sellers, Gavin Ferguson and Deanna Ferguson. 6. Respondent was listed as the Cooperating Sales Associate for the contract. 7. Keller Williams of the ‘Treasure Coast was listed as the Cooperating Broker for the contract. 8. ‘The contract required an initial deposit within 3 days in the amount of $1,850,000 to be held by First International Title. 9. Respondent failed to place the required deposit into escrow. COUNT ONE 10. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) as if fully set forth herein. 11. A licensee is in violation of Section 475.25(1)(d)2., Florida Statutes, if the licensee: Has failed to deposit money in an escrow account when the licensee is the purchaser of real estate under a contract where the contract requires the purchaser to place deposit money in an escrow account to be applied to the purchase price if the sale is consummated. 12. Respondent violated Section 475.25(1)(d)2., Florida Statutes, by failing to place a deposit into an escrow account while Respondent was under a contract to purchase real estate. WHEREFORE, Petitioner respectfully requests that 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, and any other relief that the Commission deems appropriate. [SIGNATURE PAGE TO FOLLOW] SIGNED this __ 18th day of ___ August , 2015. PCP Date: __8/17/15 PCP MEMBERS: Enzor/Boring KEN LAWSON, Secretary By: Department of Business and Professional Regulation ‘s/Megan S. Lloyd” Megan S. Lloyd Assistant General Counsel Division of Real Estate Department of Business and Professional Regulation Florida Bar No.: 115518 Office of the General Counsel 1940 N. Monroe Street, Ste. 25A ‘Tallahassee, FL, 32399 (850) 717-1499 - ‘Telephone (850) 617-4412 - Facsimile 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: 16-000501PL