STATE OF FLORIDA ae ~ Oo DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, 0o- 49 18 PE vs. FDBPR Case N° 99-84894 HARRY LAFAYETTE PLUMB, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Harry Lafayette Plumb (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 0574244 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a salesperson c/o Greg O’Berry Inc., 701 Caroline Street, Key West, Florida 33040-4255. 4. During September of 1999, Respondent met with an owner, Marlesa Whitney, and FDBPR v. Harry Lafayette Plumb Case No. 99-84894 Administrative Complaint agreed to locate a tenant for her property located in Key West, Florida. 5. On October 1, 1999, Respondent placed a tenant in the owner’s unit, and received the following escrow funds: a. $1,425 as first month’s rent; b. $1,425 as last month’s rent; and c. $1,425 as the security deposit. 6. Respondent facilitated the standard rental agreement, and received the escrow funds without the knowledge and consent of his current broker/employer Edward Clark and “Re/Max/Paradise.” Respondent paid $1,282.50 to the owner, and retained $132.50 for his 10% commission. A copy of the rental agreement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 7. It appears that during November of 1999, the tenant attempted to pay the rent at the Paradise office, and Mr. Clark did not have a record of the transaction, nor had he received the escrow funds. Respondent had changed employment to Greg O’Berry Inc. at this time; however, he had not placed the rental agreement account or the escrow funds with his new employer. It also appears that Respondent did not notify the owner of his change of employment. 8. At the owner’s and her attorney’s request, Respondent admitted to his actions, refunded the commission and forwarded the November rent, the last month’s rent and the security deposit to the owner. A copy of the letter and the refund checks is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 9. The rental proceeds were paid to the owner from his personal account, and the last FDBPR v. Harry Lafayette Plumb Case No. 99-84894 Administrative Complaint month’s rent and security deposit were paid from a starter check titled “Bennett Plumb Escrow Account.” COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, find, deposit, check or draft entrusted to her as agent of the registered employer in violation of Fla. Admin. Code r. 61J2-14.009 and § 475.25(1)(k), Fla. Stat. and therefore in violation of § 475.25(1)(e), Fla. Stat. COUNT II Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed as a salesperson in violation of § 475.42(1)(b), Fla. Stat. and therefore in violation of § 475.25(1)(a), Fla. Stat. 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 FDBPR v. Harry Lafayette Plumb Case No. 99-84894 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 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. FDBPR v. Harry Lafayette Plumb Case No. 99-84894 Administrative Complaint SIGNED this_ 22/2" day of Lue , 2000. 7 7