oy ote % En 7p STATE OF FLORIDA I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT IOS vy "49 FLORIDA REAL ESTATE COMMISSION LES Tog OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. DBPR Case N° 98-84029 JONATHAN LEE WOLF, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Jonathan Lee Wolf (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 06224469 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a salesperson %Grasser & Associates, Inc., 8181 Eagle Palm Drive, Riverview, Florida 33569. wy) Nw) FDBPR v. Jonathan Lee Wolf Case No. 98-84029 Administrative Complaint 4. On or about September 7, 1995 the Respondent closed a real estate transaction and received a real estate commission from the sale of Reimbursement Technologies, Inc. a Pennsylvania Corporation. The Respondent was an employee of Nations Capital at such time. 5. Respondent failed to notify his employer of the sale and received a commission of approximately $153,323.65. 6. Thereafter Respondent’s previous employer, Nations Capital filed a lawsuit against the Respondent to recover the commissions. 7. Nations Capital was successful and Respondent appealed the lower court’s decision. 8. On or about October 23, 1998, The Fifth District Court of Appeals affirmed the lower courts ruling that Respondent’s employer was entitled to a commission but permitted the Respondent to share in such commission. A copy of the opinion filed by the court of appeals is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Exhibit 1. 9. The Florida Supreme Court denied a rehearing on November 24, 1998. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker without being the holder of a valid and current license as a broker in violation of § 475.42(1)(a), Fla. Stat. and therefore in violation of § 475.25(1)(e), Fla. Stat. FDBPR v. Jonathan Lee Wolf Case No. 98-84029 Administrative Complaint COUNT II Based upon the foregoing, the Respondent is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer in violation of § 475.42(1)(d), 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 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; Ww FDBPR v. Jonathan Lee Wolf Administrative Complaint 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. Case No, 98-84029 See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this /7 By of ay ly , 2000. ~ FILED Department of Professional Re at Division of Real Estaig Tate Clerk —_... 7 WAM EP LEULEZLE 2. Department of Business and Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate 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 FDBPR v. Jonathan Lee Wolf Case No. 98-84029 Administrative Complaint AP/k PCP: DS/MV 7/00 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, 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 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. 721 So.2d 357 VY 23 Fla. L. Weekly D2370. , (Cife as: 721 So.2d 357) . H -Jonathan WOLF, Appellant, vy. NATIONS CAPITAL, INC., a corporation, Appellee. No. 98-6. District Court of Appeal of Florida, Fifth District. Oct. 23, 1998. Rehearing Denied Nov. 24, 1998. Employer brought action against former employee, seeking to receive share of unreported commission on sale of business. Employee counterclaimed for commissions for work in progress at time of termination. The Circuit Court, Seminole County, O.H. Eaton, Jr., J., awarded employer entire commission and denied counterclaim. Employee appealed. The District Court of Appeal, Harris, J., held that: (1) employee was not entitled to share of commissions earned on transactions which closed more than 14 days after employee's termination, and (2) employee was entitled to share of commission earned on sale of business. Affirmed in part; reversed and remanded in part. [1] MASTER AND SERVANT @70(2) 255k70(2) Former employee was not entitled to share of commissions earned on transactions which closed more than 14 days after emplovee’s termination, pursuant to contract so providing. [2] MASTER AND SERVANT ©70(2) 255k70(2) Former employee was entitled to share of commission earned on sale of business pursuant to contract requiring employer to share commission, even though employee was terminated for failing to report or share commission. *358 Victor Kline, of Greenspoon, Marder, Hirschfeld, Ratkin, Ross & Berger, P.A., Orlando, for Appellant. Rodney L. Russell, of Russell Law Offices, P.A., Copr. € West 2000 No Claim to Orig. U.S. Bé¥aAvorks OF 09 Aly omy y > Orlando, for Appellee. 4 oft 1, fy Ig * : HARRIS, Judge. Kes 7Y Op 4 SAB}. nas TH, hs ye Wolf contracted to become a mortga 2 broker/real estate salesman with Nations. Wolf's contract required that he split all commissions received during this relationship with Nations and provided that his right to receive commissions for work in progress at the time of termination would not be recognized unless the transaction closed within fourteen days of his termination by Nations. Wolf worked on the sale of his brother's business in another state and received a commission of $150,000 which he failed to report to or share with Nations. Nations learned of the transaction and terminated Wolf. This action involves Nation’s suit against Wolf to receive its share of the unreported commission and Wolf's counterclaim for commissions for work in progress at the time he was terminated. The jury awarded Nations the entire commission on the sale of Wolf's brother's property. Wolf's counterclaim involving two transactions which ultimately closed beyond fourteen days of Wolf's termination was denied by directed verdict. [1][2] We affirm the directed verdict on the counterclaim. We reverse that part of the judgment, however, which permits Nations to keep the entire commission paid on the sale of the brother's business. This commission was earned during Wolf's employment and he was entitled to his percentage of it. His termination, even if for cause, does not justify a forfeiture of Wolf's share of the commission. We remand to the trial court with instructions to compute Wolf's share of the commission pursuant to the formula contained in the agreement and reduce that amount from the judgment herein. AFFIRMED in part; REVERSED in part and REMANDED. W. SHARP and ANTOON, JJ., concur. END OF DOCUMENT ADMINISTRATIVE COMPLAINT EXRHEIT 3s ft

Docket for Case No: 00-003244PL