STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS zs Fa AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, = o> Petitioner, : vs. FDBPR Case N° 99-85070 ERIC J. SPALDING, Respondent. / ADMINISTRATIVE COMPLAINT alleges: The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Eric J. Spalding ("Respondent"), and 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, including § 20.165, and Chapters 120, 455 and.475, Fla. Stat., and the rules promulgated thereunder. 2. At all.material times, Respondent was a licensed Florida real estate salesperson, issued license number 0657138 in accordance with Chapter 475(Part D, Fla. Stat. 3. The last license issued was as a voluntary inactive salesperson at 823 NE 19" Avenue #1, Ft. Lauderdale, Florida 33304. 0 1-COS!IPL FDBPR v. Eric J. Spalding . Case No. 99-85070 Administrative Complaint 4. On or about July 25, 1997, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy of the application is attached and incorporated as Exhibit 1. 5. On the application, Respondent signed a swom 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 salespersons license to Respondent. 9. On or about April 11, 1994, in the court of Leon County, Florida, Respondent entered a plea of nolo contendre to “affray” and was sentenced to the Sheriff's work program for 30 i hours plus fees. This case was re-opened on July 26, 1994, and Respondent was remanded to serve a jail sentence. Copies of the certified court documents are attached and incorporated as FDBPR v. Eric J. Spalding Case No. 99-85070 Administrative Complaint Composite Exhibit 2. 10. On or about March 28, 1995, Respondent entered a plea of nolo contendre to “open container.” He was adjudicated guilty and ordered to pay a fine. A copy of the certified court document is attached and incorporated as Exhibit 3. 11. Respondent provided a written explanation regarding the criminal charges. A copy of the explanation is attached and incorporated as Exhibit 4. 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. 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 FDBPR v. Eric J. Spalding Case No. 99-85070 Administrative Complaint 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. SIGNED this 2/ at day of Kus , 2000. OxDeriment of F te D By: Herbert S. Fecker, Jr. Director, Division of Real Estate 0 ws 1 aN FDBPR v. Eric J. Spalding Dly Le 5 Py I: Ik Case No. 99-85070 Administrative Complaint Ap MIN} 8 / i i , oF HE ARINgd VE Ni &s ATTORNEY FOR PETITIONER Sunia Y. Marsh ..Florida Bar N° 068896 Senior Attorney, Real Estate 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 /k PCP: TR/LJ 8/00 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. — DPRIAOT.t (REY. 4/96) . . DO NOT WRITE OR PRINT "oo es ep INSPACE BELOW “4 2 5 i997 Dvisiuyy Ut meac ep Not to be filled in by applicant QUAL. VERIFIED : ep.crs 5/4/17) peo o : EQUIV, APPROVED a scHooy SOTO! DENIED a 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 \ . \, a APPLICATION FOR LICENSURE AS AREAL ESTATE SALESPERSON - reauirep FEE$185.00 {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: Senidin, Eeic = {Last} (First) (Middle 2. Personal Mailing HLO NO Ft woe Address: (number) (streen) _ My wo wo. L. 3302 (city) . (county) (stated (tip codel 3. (a) Your Residence B40 nw A wie Address: (number {street) \ywoo cud . Fu. o24 (city) {county} (state) {zip coded (b) Daytime Telephone No.:( 9S4_)_ G22 - 6226 (Notity the Division of any permanent address change.) 4. Date of Birth: |0-0%-70 —5.._ Place of Birth: Hollywood FL 6. (J Female fq Male 7. Social Security No.: S43-N8 - 3377 a {not required to process application) Fy NOTE: ** UNDER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURITY NUMBERS 1S VOLUNTARY. THEY ARE REQUESTED PURSUANT TO SECTIONS 455.203 (9. 409.2577 AND 409.2598, FLORIDA STATUTES, AND ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLE 1V-0 CHILD SUPPORT AGENCY TO ASSURE COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS. °° 8. Yes oO No Are you a high school graduate or the holder of an equivalency certificate? Where wouid you tike to be tested? Cl N.W. Florida i Central Florida iM South Florida \ 5 ADMIN Si nkArive COMPLAINT / EXHIBIT af PAGE lof 2 10. 11. 12. 13. 14, Yes LE} No Yes F ne Yes [no Yes ro Yes [Ino Yes [No ves Dio Yes [No Yes [No ) Yes No Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to anv violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal 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 sealed 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." If 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, 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 complete 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? If so, state when; (b) Have you failed any previous examination for licensure as a real estate salesperson in this s t ate? lf so , s tate when; : 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 vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, 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? (If your answer to questions 12 or 13 (a), (b) or (c) is the affirmative -"Yes" - attach a complete 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 Qnerate,. or. hetd yourseif out as neing entitled to operate, as a real estate salespersen or broker. ‘within-one-year: ‘pfior to the filing of this application when you were not. in tact, thé olderof a valid, a valid, curfent license authorizing you te do so? PAGE _ 2 eee rs — Napa a 15. (1 Yes [No Are you presently declared mentally incompetent by any court? (If your answer is "Yes", attach 2 statement giving the full details.) 16. [] Yes [No Have you used, been known as or called by another name or alias other than the name signed to the application. (If your answer is yes, state name or names used, the period of time and place where used). eee 17. 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? 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 reali 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. NR | 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state: ’ As a salesperson in oo from to tstate) As a broker in from to {state} . License Number: Name used AFFIDAVIT OF APPLICANT. State of FLO RS pw’ County of (UC w He = od 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 i (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 . fA, . / i acknowiedged before me this a day Ce del if . f a Signature of applicant . i Ss | 1947 — ; 3 ra 9 by Orie. Spaldita t type or print name of applicant who is personally known to me or who , - 3 C4 nasproduced “De TVEKS AToEeuyc type at identitication as identification. My Commission CCazg7ay Ssh Wg Bxoirea Aoni 24, 2001 EXHIRIY at \ ‘Rat alee we pe, ; A | Aa r% OF _O* MWorae SBE oc | YULeELeL BY CY UN EE VED Yaw We ive aN ee CASE: C 1994 03889 A M 001 STATE VS SPALDING , ERIC AS +e" DATABASE: HIST *#*** a 4 U/D DATE DOCKET STATEMENTS y L _ 04-11-1994 CASE CREATED-NOTICE TO APPEAR AFFRAY YY & ~ 04-11-1994 ARRAIGNMENT SET: 05-03-94 Wy, Sp 7 04-13-1994 STATE ATTORNEY ASSIGNED WILLIS RENUAIY 5, 7 04-13-1994 STATE ATTORNEY ASSIGNED GEOFFREY SESS PONS XY, oy ~ . 04-26-1994 ARRAIGNMENT SET: 05/10/94 TIME-01:00 Regge ~ 05-10-1994 ARRAIGNMENT 7s = 05-10-1994 WAIVED COUNSEL 7 05-10-1994 DEFENDANT PLEAD ~ 05-10-1994 DEFENDANT PLEAD - PLEA INFO. 7 05-10-1994 DEFENDANT ENTERED PLEA OF NOLO CONTENDRE _ 05-10-1994 SENT. CHARGE LITERAL ENTERED AFFRAY — 05-10-1994 PLEA ACCEPTED ~ 05-10-1994 SENTENCING DOCKET STATEMENTS 7 05-10-1994 ADJ/W. LEON CO. JAIL 05/10/94 ~ 05-10-1994 ADJUDICATION WITHHELD — 05-10-1994 JAIL TIME ORDERED (YYMMDD) 000010 05-10-1994 VOLUNTARY COMMIT PF 19 OR ENTER = THIS DATA IS NOT IN PRODUCTION DATABASE SCROLL FORWARD PP 18 = SCROLL BACKWARD / Y ADMINISTR a+; MA PPE Remy EXHIBIT 4. y COMPLAINT PAGE T= Lor 3 Vue Len OU VUE VUES Vereen We a eran sy CASE: U/D C 1994 03889 AM 001 STATE VS SPALDING , ERIC J ***** DATABASE: HIST 9 ***** DATE DOCKET STATEMENTS 05-10-1994 we ALL JAIL SUSPENDED 05-10-1994 FINAL DISPOSITION CONDITIONS 05-10-1994 SHERIFF"S WORK PROGRAM 030 HOURS 05-10-1994 ALL TERMS TO BE COMPLETED PRI 05-10-1994 OR TO 06-30-94 05-10-1994 FINE AMOUNT $ 42.86 05-10-1994 FIVE PERCENT FEE $ 2.14 05-10-1994 L.G.C.J.7.F. AMOUNT $ 50.00 05-10-1994 C.J.T.T.F. AMOUNT $ 3.00 05-10-1994 C.C.T.F. AMOUNT $ 50.00 05-10-1994 L.E.T.T.F, AMOUNT $ 2.00 05-10-1994 MOTION HEARING SET 06/30/94 TIME-08:30 RM-2A 06-30-1994 “+ MOTION HEARING 06-30-1994 RESET MOTION HEARING 07/26/94 TIME-08:30 RM-2A 06-30-1994 PD APPT 07-01-1994 PUBLIC DEFENDER ASSIGNED CINDY BROWN 07-08-1994 NOTICE OF DISCOVERY PF 19 OR ENTER = SCROLL FORWARD PF 18 = SCROLL BACKWARD THIS DATA IS NOT IN PRODUCTION DATABASE : ADMINISTRATIVE COiMPLALIT LA EXHIBIT # fq) PAGE? or __? VULeLeL CASE: C 1994 03889 AM O01 +e DATABASE: HIST ***** U/D DATE 07-26-1994 07-26-1994 07-26-1994 07-26-1994 - 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 07-26-1994 08-04-1994 0000000000 0000000000 OYUN CUVEE COULD Vive TF Due bev eee Vvatine STATE VS SPALDING , ERIC J DOCKET STATEMENTS MOTION HEARING DEF FAILED TO COMPLETE TERMS 0 F SENTENCING, REMANDED TO JAIL REOPENED (MODIF./CORR.OF SENT) IN OPEN COURT SENTENCING DATE: 07-26-94 10:00 RM-2A SENTENCING DOCKET STATMENTS ADJ/W. LEON CO. JAIL 07/26/94 ADJUDICATION WITHHELD JAIL TIME ORDERED BOOKED AT JAIL BOND AMOUNT SET: RELEASED PF 19 OR ENTER = INQUIRY COMPLETED é (YYMMDD) 000010 VOLUNTARY COMMIT DEF REMANDED TO JAIL TO SERVE SENTENCE 000000 08/04/94 SCROLL FORWARD PF 18 = SCROLL BACKWARD t ADMINISTRA Tye COMP) ais Extipir in 2 MPLAIAT PASE ~» a f 2 OF BAN JULCLZL CASE: U/D LUN CUUNLE CULO OLOlLoe T YYEnoe Nuva VU bee ¢ 1995 02700 AL 001 STATE VS SPALDING , ERIC J *x*** DATABASE: HIST RKRKH i) &, DATE DOCKET STATEMENTS 7 ¢ 03-08-1995 CASE CREATED-NOTICE TO APPEAR OPEN CONTAINER Ly : & 03-08-1995 ARRAIGNMENT SET: 03-28-95 yyy, SF 03-28-1995 ARRAIGNMENT My ts... %Yy 03-28-1995 WAIVED COUNSEL MMS, My 03-28-1995 DEFENDANT PLEAD Wy xy 4 03-28-1995 DEFENDANT PLEAD - PEAR Hgeo. 03-28-1995 DEFENDANT ENTERED PLEA OF NOLO CONTENDRE " 03-28-1995 SENT. CHARGE LITERAL ENTERED OPEN CONTAINER 03-28-1995 PLEA ACCEPTED 03-28-1995 SENTENCING DOCKET STATEMENTS 03-28-1995 ADJUDICATED GUILTY 03/28/95 03-28-1995 ADJUDICATED GUILTY 03-28-1995 FINE AMOUNT $ 42.86 03-28-1995 FIVE PERCENT FEE $ 2.14 03-28-1995 L.G.C.J.T.F. AMOUNT $ 50.00 03-28-1995 C.5.T.T.F. AMOUNT s 3.00 03-28-1995 C.C.T.F. AMOUNT $ 50.00 ' PF 19 OR ENTER = SCROLL FORWARD PF 18 = SCROLL BACKWARD THIS DATA IS NOT IN PRODUCTION DATABASE FY that ha di te - * SOrrect copy af ag instrument On County, Floriag ins above ang foregoing tiled in the ADMINISTRATIVE COMPLAINT EXHIBIT 7 V5 PAGE OF _& VULLLLL CASE: U/D C 1995 02700 AL 001 ***** DATABASE: HIST DATE 03-28-1995 L.E.T.T.F. AMOUNT 03-28-1995 0000000000 0000000000 - 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 PF 19 OR ENTER = INQUIRY COMPLETED ! Fy . OU CUUNE CUA Vavdend - SCROLL FORWARD We ive ee STATE VS SPALDING , ERIC kkeRKK DOCKET STATEMENTS $ 2.00 PAY FINE W/IN 30 DAYS PF 18 = SCROLL BACKWARD ADMINS EXHIBIT # 3 PAGE * or @2/18/88 29:17 PROJECT MANAGERS > 954 91? 1343 NO.576 P@@1/801 823 NE 19TH AVE...APT | FI.LAUDERDALE, FL. 33304 Foy, “% (954) 763-3289 WM sy OY Fax: i fa ia Os lp February 9, 2000 Catherine Rivora, Investigation Specialist Re: DPBR Case number: SL 99-85070 Dear Mrs. Rivera: ) {i hag been brought to my attention that I failed to leave out inent i ion concerning ‘ ad | pertinent information licati for ‘a9 4 real estate salesperson. I received a letter dated 12-20-99, on 02-08-00, and upan reecipy | itamediately called your office. This letter isto clear up any ambiguity in the information thet I had provided adjudication withheld in 95°. These 7 inci ing v ; College at Florida State University, YU Oth incidents happening when I was atending misdemeanor arrests. My interpretation of 9 crime, includes ing i ing é i case of mi ing. Fi il anything involving a felony. This was merely a ‘ arr ranean ares tanh accept my response and take in to account thts nabure of the Tf you neod any further infarmatior i : 2867, a night (954)? Cag Rave aay questions, can be contacted during tho dey at (954)476- Eric Spalding A/\y “%) ADMINISTRATIyé Cyigh LA c }

Docket for Case No: 01-000051PL