STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL R FLORIDA REAL ESTATE COMMISSION / FLORIDA DEPARTMENT OF BUSINESS eae eS COIN Petitioner, vs. . FDBPR Case N° 99-81414 DAVID SCOTT WIGGINS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner”) files this Administrative Complaint against David Scott Wiggins (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 (0660581 in accordance with Chapter 475, Fla. Srat. 3. The last license issued was as an involuntary inactive salesperson at 31-2 Cabaniss Crescent, Pensacola, Florida 32508. FDBPR «*s David Scott Wiggins FDBPR Case N? 99-81414 Administrative Complaint 4. On or about January 6, 1998, Respondent submitted to Petitioner an application for 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 swom, 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. 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 “No.” 8. In reliance upon Respondent’s application, Petitioner issued a real estate salesperson’s license to Respondent. 9. On or about December 20, 1984, in Charleston, South Carolina. the court sentenced Respondent to ten days for Simple Assault. The sentence was suspended. A copy of the certified disposition is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. wo lh chilis ae soba FDBPR vs David Scozt Wiggins FDBPR Case N° Administrative Complaint Ive) 3-81414 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 I 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. Srat. 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) guiltv 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 6192-24.00 1, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Srat., depending upon the severity of the offense(s), include: revocation of ald He ee FDBPR vs David Scott Wiggins FDBPR Case N° 99-81414 Administrative Complainz 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 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 61J2-24.001, Fla. Admin. Code. SIGNED this /Z Boy of Fehrvany , 2000. Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER DTTP Fo grre tangs vt FRecutation Nancy P. Campiglia Florida Bar N° 0164259 Senior Attorney Department of Business and Professional Regulation, — Legal Section - Suite N 308 pws ; a oo. Hurston Bldg. North Tower : : 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX 1B COMB? on oy FDBPR vs David Scott Wiggins peal TaB4ONE -B9-81424 Administrative Complaint n vs NPC/k PCP: DS/LJ 2/00 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 matter in accordance with Sections 120.569 and 120.57, Fia. 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 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. -OPRIAG1.1 (REV. 4/36) Wd ‘ + DO NOT WRITE OR PRINT IN SPACE BELOW FEATIVED JAN - 3 1998 JIVISION Ur neAL SOIATE Nal to be tilled in by appucant QUAL. VERIFIED CL : eD.cRS (2.02.99 FPCD J/-/ 7 bs EQuiy. APPROVED scHools S)729 __ DENIED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE Hurston North Tower, 400 W. Robinson St., P.O. Box 1900 Orlando, FL 32802-1900 (407) 245-0800 APPLICATION FOR LICENSURE AS A REAL ESTATE SALESPERSON .- reautren FeEs195.00 {fee includes first license) DQ NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with black ink. Fill out carefully. Each question must be answered and the necessary documentation provided or the application wiil be returned to the applicant. Attach additionai Pages as necessary. 1. Legal Name: lalis 3 N S Darl B Sf First) 2. Personal Mailing | -Z Capen LSS Address: number sree Parlgatola ELAN BIA. EL 22508 3. (a) Your Residence >[-—Z CARBON SS Cee Address: sumer street NiSacolA EScanapA L 32808 ty) ‘county? (state) izip code) (b) Daytime Telephone No.: { PSO ) AS : (69 WG, Notity the Divison ot any permanent aauress change.) 4. Date of Birth: % -(B-(9Z. 5. Place of Birth: CHa beso t SC as. ( Femaie Xt Male 7. Social Security No.: _ 2209 -~ |S - Se vader the Federal Privacy Act. disclosure of Social Security numbers ts vountary unless svecttically required ov Federal statute. > this instance. social secunty numoers ‘te Mandatory pursuant to Tie 42 United States Code, Sections 653 ana 654: ana sections 455.203/9). 409.2577. ana 409.2598. Florida Statutes. Sacral Security “umbers are used to allow emcent scteenmig of abplicants ang licensees OV a Title iV-O enud support agency to assure compliance with chid support obligations. Social ecurty numbers must aiso be recorded on ail professtonai and occupational license apoucations and wi be usea for licensee wentification pursuant to the Personat Fesoonsibility ana Work Cocortunity Reconciliation Act of 1996 (Welfare Reform Act!. 104 Pub.L.193, Sec317. 3. ey Yes oO No Are you a high schooi graduate or the holder of an equivaiency certificate?. 9 0. +: ‘Where wouid you like to be tested? 7 eum, Florida [~~ Centrat Florida C] South Florida y ey wth ee ORAM Clas “+ 2d st i dk ti oO Yes Ti No 10. 122.0 13.0 14.0 Yes Yes Yes Yes Yes Yes Yes Yes NM No Hav ‘u ever been convicted of a crime, for ‘uiity, or entered a plea of guilty or nolo Hv {no‘contest}), even if adjudication was withheld? This question applies to any violation of the iaws of any municipaiity, county, state or nation, inciuding traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were piaced on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Fiorida Statutes. or applicabie law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO.” lf 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 federal 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 Real 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, deciaration, answer, counterclaim or other pleading with any frauduler- or dishonest dealing? (b) Is there any case pending against you in any court. inciuding any appeliate court, in whicn 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 © asperson? If so, state when: vou failed any previous examination for licensure as a real estate salesperson in . state? If so, state when; Have you ever been denied, or is there now pending a proceeding to deny your application for a jicense, 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 vocation been revoked, annuiled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing | or violations _ ofl 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 reguiated 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 a acted against by the real estate licensing agency of any state, territory or country? ({f your answer to questions 42 or 13 (a), (b) or (c) is the affirmative -"Yes"” - attach a compiete statement giving the name and address of the officer, board. commission, court of 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 yourseif out as being entitled to operate, as a real estatc salesperson or broker, within one year prior to the filing of this apptication when you were not, in fact, the holder of a valid, current jicense authorizing you to do so? Ww 15. Ha | Yes y No Are you presentiy declared mentally incompetent by any court? (If your answer is "Yes", attach a statement giving the fuil details.) 16. () Yes No Have you used, been known as or cailed by another name or alias other than the name signed to the appiication. (If your answer is yes, state name or names used, the period of time and place where used). 17. i Yes @ No (a) Are you a legai resident of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a legai resident of? In addition, piease 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 Professionai Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the hoider of a Florida real estate license, that the Director of the Division of Reai Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civii 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. Sgnanve 18. If you have heid a license and registration as a reai estate broker or salesperson in Florida or elsewhere, so state: As a salesperson in from to state) As a broker in from to (tate) License Number: Name used AFFIDAVIT OF APPLICANT State of is ( Qria \ io County of ge< ce Ne 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 compiete 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 iL : — SN / = - acknowiedged before me this Gee day — aa aaa aws ae Signature oPaopicant 7 of j Co eet 9 Coy o > by Deed noon on : type of pnint name of applicant who is personaily known to me or who . ~— ewe RN : : . 4 - Signature ot cerson taxing acknowlecgment has produced (V1. hewn, IG | 2 type of identification . : fee : eae : 3 _ Notarv Sed 7" as identification. TO een (Rubber Stamp) HEN RECEIVED BY THE DiV...0N OF REAL ESTATE THIS APPLICATION WILL BE PROCESSED AND IF YOU MEI HE QUALIFICATIONS IN F.S. 475.17 YOU WILL BE SCHEDULED FOR THE SALESPERSON EXAMINATION PROCESSING TAKES APPROXIMATELY 30 TO 90 DAYS. i IS AN APPLICATION TO i THE STATE EXAMINATION FOR LICE WE AS A REAL ESTATE SALESPERSON THIS APPLICATION MAY BE FILED BEFORE OR AFTER COMPLETING THE PRELICENSURE EDUCATION COURSE. INLY THE UNUSED PORTION OF YOUR APPLICATION FEE !S REFUNDABLE. IF YOUR APPLICATION IS PROCESSE ND YOU ARE SCHEDULED FOR THE EXAMINATION THE PROCESSING PORTION OF YOUR APPLICATION FEE WIL! OT BE REFUNDED. UPON PASSING THE EXAMINATION APPLICANTS WILL RECEIVE AN INACTIVE LICENSE, BUT MAY REQUEST N ACTIVE LICENSE UPON SECURING EMPLOYMENT BY FILING FORM 400.5 WITH THE DIVISION OF REAL ESTATE F YOU NEED TO START WORK IMMEDIATELY UPON PASSING THE EXAM, BRING A COMPLETED 400.5 FORM T! HE EXAM SITE. IF AN APPLICANT DOES NOT PASS THE LICENSING EXAMINATION WITHIN 2 YEARS AFTER THE SUCCESSFUL CURSE COMPLETION DATE, THE COURSE IS INVALID FOR LICENSURE. APPLICATIONS FOR LICENSURE MAY NO BE ACCEPTED BY THE DBPR IF RECEIVED LESS THAN 60 DAYS PRIOR TO THE END OF THE 2 YEAR PERIOD OF OURSE ELIGIBILITY. : AN APPLICANT MUST SIT FOR AND PASS THE REAL ESTATE EXAMINATION BEFORE THE EXPIRATION DATE OF THEIR COURSE. THIS APPLICATION SHALL EXPIRE 1 YEAR FROM THE DATE RECEIVED IF THE APPLICANT FAILS TO TAKE THE APPROPRIATE EXAMINATION. NOTICE TO PERSONS WITH A DISABILITY If you have a disability and may require some accommodation in taking this examination, BE SURE to request. fill out, and return the “Request for Accommodation” form (DRE 701) along with your application. If accommodation is not requested in advance, we cannot guarantee the availability of accommodation. Anyone interested in obtaining a copy of the DRE 701 form may contact the Division of Real Estate at (407: 245-0800. . : r t Name ... id ; Ae os Color... Hite Alias .. Arrested by fense . Date Received . 1220-84 1. ie Assuait:- CUICE DEPTS” OK HOOD: BLY: SC DIA OB eeeeeseeresceneetnneetenasneeensenne ‘ Nationality P.O. B. D. UV. B. Oceup. Married Spouse Address .L146 Pumpkin Lane Mt. Pleasant sc ATTEST TRUE C CHAS. fe UE copy

Docket for Case No: 00-001186