STATE OF FLORIDA . o Ry DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Oy. _ by FLORIDA REAL ESTATE COMMISSION bes Se a SRS, FLORIDA DEPARTMENT OF BUSINESS % MeV iy AND PROFESSIONAL REGULATION, 0 q 425 a DIVISION OF REAL ESTATE, ; Oo - : Petitioner, vs. DBPR Case N° 99-83052 99-82128 MARY CATHERINE PORTEUS 99-82129 AND REBA CAROL AKINS, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Mary Catherine Porteus and Reba Carol Akins (hereinafter “Respondent Porteus and Respondent Akins”) 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, 7 la. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent Mary Catherine Porteus is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0646625 in accordance with Chapter 475, Fla. Stat. The last license issued was as a salesperson % Century 21 Akins & Associates, Inc., Pay FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint 211 Thomas Drive Suite 6, Panama City Beach, Florida 32408. 3. Respondent Reba Carol Akins is and was at all times material hereto a licensed Florida real estate broker, issued license number 0597269 in accordance with Chapter 475, Fla. Stat. The last license issued was as a broker % Century 21 Akins & Associates, Inc., 211 Thomas Drive Suite 6, Panama City Beach, Florida 32408. 4. On September 16, 1998, the Florida Real Estate Commission issued a Final Order suspending Respondent Porteus' license for a period of one year from the filing date of such order. The filing date of the order is October 14, 1998. A copy of the final order is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Exhibit 1. 5. During the time of her suspension, Respondent Porteus continued to operate as a licensed real estate salesperson as evidenced by the following activity: A. Respondent Porteus’ name has been displayed on sign riders, which advertise properties for sale. The sign riders are part of Century 21 Akin & Associates (“Akins & Assoc.”) signs. These signs were observed during the time of the suspension and specifically on March 23, 1999 and on May 13, 1999. Copies of pictures of the sign riders are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Composite Exhibit 2 B. Respondent Porteus continued to advertise to the public that she was a member of FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint a “team supreme.” Sales fliers advertise the use of Respondent Porteus’ name as one of the contact persons for the “team supreme.” Copies of the sales fliers are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Composite Exhibit 3. The “team supreme” also had a web cite with the Respondent Porteus’ picture on the opening page. Respondent Porteus was listed as the contact person. A copy of certain web advertisements is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Exhibit 4. It is alleged that these advertisements were misleading in form and content, as it appeared that she was acting in the capacity of a real estate agent. Cc. Respondent Porteus was advertised as the listing agent on transactions on the Internet Listing Service. These transactions are 6520 Sunset Av. D, ILS# 1450801, 6520 Sunset Ave. C, ILS #169944, and 3625 Oak Knoll Court, ILS# 92049. A copy of the listing information is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 5. Dz Respondent Porteus and her picture was included in newspaper advertisements as part of the Team Supreme. It is alleged that these advertisements were misleading in form and content, as it appears that she was acting in the capacity as a real estate agent. On certain advertisements, she was also listed as the Hostess of the FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint open house. A copy of certain newspaper advertisements are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 6. 6. Between December 1998 through July 1999 Respondent received compensation for assisting in real estate brokerage transactions from Otis Ralph “Rocky” Akins. Rocky Akins is a licensed real estate broker with license number 0647947. It is alleged that Rocky Akins paid the Respondent approximately half of the commission received by Rocky Akins, which were represented as payments to Respondent for her duties as his unlicensed assistant. A copy of payment documentation is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Composite Exhibit 7. COUNT I Based upon the foregoing, Respondent Mary Catherine Porteus is guilty of having operated as a 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. Nes! we COUNT II Based upon the foregoing, the Respondent is guilty of having violated a lawful order of the Florida Real Estate Commission in violation of § 475,42(1)(e), Fila. Stat. and therefore in violation of § 475.25(1)(e), Fla. Stat. COUNT III sah ke te “ FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint Based upon the foregoing, Respondent Mary Catherine Porteus is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Fla. Admin. Code r 61J2-10.025 and § 475.25(1)(c), Fla. Stat., and therefore § 475.25(1)(e), Fla. Stat. COUNT IV Based upon the foregoing, Respondent Reba Carol Akins is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Fla, Admin. Code r 61J2-10.025 and § 475.25(1)(c), Fla. Stat. and §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 permite 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, 5 “ FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint 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 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 Af i day of Api! , 2000. Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate W Ww FDBPR v. Mary Catherine Porteus Case No. 99-83052 Administrative Complaint ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 068896 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 SM/k PCP: TR/JR 4/00 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 accorda) a 57, Fla. Stat.; that you have the right, at your option and e entec 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. oe { nat 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.

Docket for Case No: 00-002425