STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, . v ; 6-7 Petitioner, 0 vs. DBPR Case N° 99-80272 BRENDA ELLER JAMES, Respondent. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Brenda Eller James (hereinafter “Respondent”) and alleges: | ESSENTIAL ALLEGATIONS OF MATERIAL FACT |. Petitioner is a state government licensing and regulatory agency charged with the cesponsibility and uy ‘e eae Adminierative Cc ‘omplainvs oursuant to the laws of the State of Florida, in particular § 26. 165, Fila. ‘Stat. b» Chapters 120. 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0573068 in accordance with Chapter 475. Fla. Stat. 3. The iast license issued was as a salesperson with an unlicensed owner and an address of 304 Trudgeon Drive. New Smyrna Beach, Florida 32168. FDBPR v. Brenda Eller James Case No. 99-80272 Administrative Complaint 4. On or about April 1. 1997, Respondent’s real estate license expired for failure to renew and became registered with Petitioner as involuntary inactive, as provided in section 475.182(3), Fla. Stat. 5. On or about December 24. 1998, Respondent paid to Petitioner a fee to renew her license. 6. On or about December 24. 1998, Respondent’s real estate license became registered with Petitioner asfvoluntary inactive. 7. On or about January 15. 1999, Respondent’s real estate license became registered with Petitioner as active. 8. From June 1, 1998, Respondent has been employed by Di Mucci Realty Corporation of Florida as a rental manager and condominium resale consultant. 9. Between April 1. 1997. and January 15, 1999, Respondent operated as a real estate broker. as defined in section 475.01(a). Fla. Stat. COUNT I Based upon the foregoing. Respondent is guilty of having operated as a broker or salesperson without being the holder of a valid and current license as a salesperson in violation of § 475.42(1)(a), Fla. Stat. and therefore in violation of § 475.25(1)(e), Fla. Stat. WHEREFORE. Petitioner respectfully requests the Florida Real Estate Commission. or the Department of Business and Professional Regulation, as may be appropriate. to issue a Final Order 7 { FDBPR vy. Brenda Eller James Case No. 99-80272 Administrative Complaint as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license. registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense: imposition of investigative costs: issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee. registrant or permitee to complete and pass additional real estate education courses: publication: or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat, depending upon the severity of the offense(s), include: revocation of the license, registration. or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years: imposition of an administrative fine of up to $5,000 for each count or offense: imposition of investigative costs: issuance of a reprimand; imposition of probation subject to terms including, but not limited t relief, imposition of a cease ‘and desist order; or any combination of the foregoing which n may apply. See § 455,227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. FDBPR v. Brenda Eller James Case No. 99-80272 Administrative Complaint SIGNED thisA/ day of Jovvan/ 2000. / Rae epartment of B atid Professional Regulation By: Herbert S. Fecker, Jr. LP Director, Division of Real Estate ATTORNEY FOR PETITIONER _/ [2/ LO een nernen= ane Ghunise Coaxum ares Florida Bar N° 077348 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX ajo ““ GC/k PCP: CS/HF 1/00 NOTICE TO RESPONDENTS .PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. _ PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this FDBPR v. Brenda Eller James Case No. 99-80272 Administrative Complaint matter in accordance with Sections 120.569 and 120.57, Fla. Stat.: that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) davs of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form.

Docket for Case No: 00-000749