ee STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REG FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS i AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case N° 98-84327 DURA DARREN BRYANT, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation. Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Dura Darren Bryant (hereinafter ““Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., 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 0635069 in accordance with Chapter 475, Fia. Stat. 3. The last license issued was as an involuntary inactive salesperson at 1601 NW 175 Street, Miami. Florida 33169. 4. On or about January 16, 1996, Respondent submitted to Petitioner an application for ~ license to Respondent. FDBPR v. Dura D. Bryant Case No. 98-84327 Administrative Complaint licensure as a real estate salesperson. A copy of the application is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application. answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit. without any evasions or mental reservations whatsoever. . . 6. Question 9 of the application asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld... “ 7. To question 9 of the application, Respondent replied “‘yes” and attached two copies of a Dade County circuit court printout regarding an April 1991 conviction for carrying a concealed firearm. 8. In reliance upon Respondent’s application, Petitioner issued a real estate salesperson’s 9. On or about November ‘12, 1987, in the county court of Dade . County, Florida, Respondent was found guilty of one count of Possession of a Controlled Substance: Cocaine, and one count of Unlawful Possession of Cannabis. A copy 0 of the certified disposition is attached hereto, imcorporated herein and 1 made ¢ a part hereof by reference : as Administrative C omplaint Exhibit 2. FDBPR vy. Dura D. Bryant Case No. 98-84327 Administrative Complaint COUNT I Based upon the foregoing, the Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of § 475 25(1 )(m), Fla. Stat. COUNT II Based upon the foregoing, Respondent has failed to comply with the requirements of Fla. Admin. Code r 61J2-2.027(2) and therefore is 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 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 nyperrirs erent FDBPR vy. Dura D. Bryant Case No. 98-84327 Administrative Complaint 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 to, requiring the licensee, registrant. or permitee to complete and pass additional real estate education courses; publication; restriction of practice: injunctive or mandamus relief, imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 6152-24.001, Fla. Admin. Code. SIGNED this _/ bs oh day of Aouernbeor , 1999. Department d Professional Regu ation By: Herbert S. Fecker, Jr. Director, Division of Real Estate vets ee to : ATTORNEY FOR PETITIONER “ Kaw Hang. ime ne Ghunise Coaxum : Florida Bar N° 077348 alslaa 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 ee FDBPR v. Dura D. Bryant , Case No. 98-84327 Administrative Complaint GC/k PCP: MPS/CS 11/99 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 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 days 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 resuit in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Le cages pene eee en DPAIAGI.1 (REV, 4/95) mo cial Mba ok ie Aili at a Bll ” APPLICATION FOR LICENSURE AS A REAL E 7) . : cw) DO NOT WRITE OR PRINT RECEIven IN SPACE BELOW JAN 16 1996 PILED Oi 7) we rs ise 00 HAR 2 PHL 21 Not to be filied in by applicant , -96-% = DIM :. QUAL. VERIFIED |-ab-%€ desis pRAnVE ep. crs 2-4. 76 Fp co HEARINGS EQUIV. APPROVED /-.30~-FS SCHOOL# § (a) Fo / DENIED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DivIS OF REAL ESTATE Hurston North Tower, 408 W. Robinson St., P.O. Box 1900 Orlando FL \32802-1900 423-6095 . #1 FS +00 \LESPERSON - RequireD FEESapONee (fee includes first license) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with ink. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. 1. Legal Name: : Address: (number} (street) {Last} ; (First) (Middle} 2. Personal Mailing 1496) NW 2Y AYE Address: (number) (street) OFA LOL-KA ODE Fl. 2205Y (city) (county) istate) (zip code) 3. (a) Your Residence VS Ni = AUF APT L{LI3 371 (county) (state) (zip code) (b) Daytime Telephone No.: (305 } Z7Y_.- Ss 5 22 _ \otity the Division of any permanent address change.) 4. Date of Birth: 134 6 / 5. Place of Birth: MAL ApAL 6. (— Female val Male 7. Social Security No.: 5g ? the: 605 i «»-"not required to process application) NOTE ** UYQER THE FEDERAL PRIVACY ACT, DISCLOSURE OF S. SECURITY NUMBERS IS VOLUNTARY. THEY ARE REQUESTED PURSUANT TO SECTISYS 435.293 (9: 499.2877 AND 409.2598. FLORIDA STATUTES, AND ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS ANO LICENSEES BY A TITLE IV-D CHILD SUPPORT AGENCY TO ASSURE COMPUANCE WITH CHILO SUPPORT OSLIGATIONS.** . . . oe . see 8. i Yes | No Are you a high school graduate or the holder of an equivalency certificate? Where wouid you like to be tested? _N.LW. Florida oO Central Florida -(Y/| South Floridd oa 5) 9. HX] -Yés (] No 10. 1. 20 13.9 14. Gj Yes Yes Yes Yes Yes Yes Yes Yes Yes (Y] No No XY} No Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere ( Jcontest), even if adjudication was wit! 34? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses * (but not parking, speeding, inspection, or traffic signai violations}, without regard to whether you Were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or seaied by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." ‘Tf you answered “Yes,” attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federai records. Failure ‘to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Reai Estate. (a} Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (if your answer to question 10 (a) or (b) is "Yes" attach a compiete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending.) (a) Have you, in this state, Previously filed any application for licensure as a real estate salesperson? Ifso,state when: : (b) Have you failed any previous examination for licensure as a real estate salesperson ia this state? If so, state when; ee Have you ever been denied, or is there now pending a Proceeding to deny your application for a license, registration, or permit to Practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? ° (a) Has any license, registration or permit to practice any regulated profession, occupation or voca i been revoked, annulled or suspended in this or any other state, province, district, territory, i ation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or “permit to practice any regulated profession, occupation or vocation while such charges were pending? (c) Has any broker's or salesperson’s license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? : to questions 12 or 13 (a), (b) or (c) is the affirmative -"Yes” - attach a plete ‘statement giving the name and address of the officer, board, commission, court or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.} Have you, in this state, Operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesperson or broker, within one year prior to the filing of this application when you were not, in fact, the holder.of.a.vaiid, current license authorizing you to do so? . - i 5 cad ed RECEIVED JAN 16 1996 OWISIUIN Ur ca COVATE RECEIVED JAN 16 1996 Oiviosunw Ge NEAL ColaTE ee ata as identification. io ' t 15. 0 Yes No Are you prey) ‘y declared mentally incompetent by abed ourt? ' (If your answer is "Yes", attach a statement giving the full detaiis.) 16. 7] Yes No Have you used, been known as or called by another name or alias other than the name signed Wy g to the application. (If your answer is yes, state name or names used, the Period of time and place where used). eee 17. XJ Yes Oo No (a) Are you a legal resident of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a legal resident of? ooo eee In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. ! further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. meme ——N{ 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state: Asa salesperson in from to . ee ee (state) from to $e Asabrokerin tee e {state} License Number: Name used AFFIDAVIT OF APPLICANT 4 State of Slornd an County of \ Deck e The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s}(he) is the person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records Permit, without any evasions or mental reservations whatsoever; that ({s)(he) knows of no reason why this application should be denied; and {s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. The foregoing application was . : ; Z acknowiedged before me this > S day y Euan a Duta WA, Mao ‘Seagate ignature of applicant - of \ Se UK Signature of person taking acknowledgement by type or print name of applicant who is personally known to me or who has produced Ore iN wey Cc type of identification oy 7 o ANA LYN. NE GI - J NE Gibas ara My Cemmussion OC4 4371 agg Exptoa Mar.o7, 1999 tn os Bonced by Hal oF FiO 200-422-1555 ~~ Notary Séal” woe» ~ (Rubber Stamp} ; t é k U * IN TRE CRIMINAL DIVISION SUDICIAL CIRCUIT, IN AND ‘RICHARD P, 78 CLERK: yas STATE OF FLORID. Ay Peg oe | RT ts syn . Take > avs- | RECORDED ORDER WITHHOLDING ADJUDICATION Op We | and IMPOSING: | DEC 4 997 RECEIVED DARREN BRYANT BRINKE 9 1398 SARS PL BR} R | “ defendant CLERK | OcT L dt UIVIdIUN Ur nem cOIALE iT APPEARING UNTO THE COURT that che cefenda DARREN BRYANT v2ing personaily before this Court accompani ed by his attorney, M, GLICKSTEIN Sas been found guilty of the charge of POSSESSION OF CONTROLLED SUBSTANCE, socwit: COCAINE and UNLAWFUL POSSESSI= «OF CANNABIS (not more than twenty (20) crams) as set forth in Counts One an by the Court upon the entry of a nolo contendere plea and it appearing unto the Court upon a hear is not likely again to engage in a crimina of justice and the welfare of society do presently suffer the penalcy imposed 6 in the premises, it is thereupon goof the matter chac Tse of conduct a cnac the vouret being he defendanc at the ends dane shall ly advised noc yo law, CONSIDERED, ORDERED AND ADSUDGED nd the same is hereby, stayed and withheic, inatooan udication Lr guile be, iTS FURTHER CONSIDERED, is sentenced ryved, ts-wit: FIVE is hereby suspended. tatutory Costs Pursuane ve: ) 27.3455 $200.00 } 360.20 : 20.00 } 343.25(4) 3.00 } 343.25(8) 2.00 they acted wrenindertorinlet » cede Jouncy, wb ea Pear vUDGE RALPH N. PERSON

Docket for Case No: 00-000992