ne naan cea a ee oY SA Heese semen: Co AN 1&2 “ap es 4 0, 4 STATE OF FLORIDA * “, ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO 5 oe FLORIDA REAL ESTATE COMMISSION : E., od FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, O 27 (p lp DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2000-80192 HARRY MARION TICE, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Harry Marion Tice ("Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the 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 066518 in accordance with Chapter 475(Part D, Fla. Stat. i 3. The last license issued was as an 1 active salesperson at Shimmering Sands Realty Inc., 3106 Thomas Drive, Panama City Beach, Florida 32408. Coneropep ene + Se am rm en = See FDBPR v. Harry Marion Tice Case No. 2000-80192 Administrative Complaint 4. On or about April 21, 1998, 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 “Yes” and disclosed a 1975 DUI. 8. In reliance upon Respondent’s application, Petitioner issued a real estate salesperson’s, license to Respondent. 9. On or about April 19, 1984, Respondent pled guilty to driving under the influence and driving with a suspended driver’s license in DeKalb County, Georgia. A copy of the court documents is attached hereto and incorporated herein as Exhibit 2. pergeeegee gpg ret reer eres oper: FDBPR v. Harry Marion Tice . Case No. 2000-80192 Administrative Complaint 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 II Based upon the foregoing, Respondent has failed to comply with the requirements of 2. 61J2-2.027(2), Fla. Admin. Code 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 any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 6192! 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: Tevocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed PUREE CEES” prep-e-peee- reper pre epee os weet oem nr a St ES EE Se Bf le anes adesnanenetteesl FDBPR v. Harry Marion Tice Case No. 2000-80192 Administrative Complaint 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_ RA dayor De bry a =, , 2001. Di pitt... duttitized arn Pah Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER William A. Tompkins, Jr. Florida Bar N° 0366986 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 FDBPR v. Harry Marion Tice Administrative Complaint Case No. 2000-80192 /k PCP: CV/JR 2/01 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. se DPF Oi.1 RES. 496) x mH eSiven DO NOT WRITE OR PRINT APR 2 14998 IN SPACE BELOW any ae Clip of staple in this pores ae ViVIDIUNN UF REAL GOIALE Not to be filled in by applicant cs uat. vertrigo 64-2 4.99 ED. CRS LLA/95-* co Ax -2F EQUIV, APPROVED LIF scHoole_ YO7TI)] _ nemien DEPARTMENT OF BUSINESS 2bD PROFESSIONAL REGULATION DIVISION REAL ESTATE cae Hurston North Tower, 400 W. Robinson St.,|P.0. Box 1 8Q Orlando, FL 802-1900 (207) Seeoaen APPLICATION FOR LICENSURE aS A REAL ESTATE SALESPERSON - reauirep FEES 185.00 (fee includes first license} PO 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. LegalName: Tice Haery Maio A (last (Fest) (Middta) 2. Personal Mailing 3608 Conetney Deive ’ Address: (number) (street) Fanon City’ Benen Fe Bay Fl. 32408 tcity) (county) (state) (tip code) Lo i 3. (a) Your Residence 3608 Couetey DRivE Address: foumber) ; ; {stroat) Le FAwinma Ciry Bene Bay Fi BZYOR a (county) ___ tstaca [up codey {b) Daytime Telephone No.: { 856 ) 23 & - q 3 23 (Notify the Division of any permanent addeess change.) 4. Date of Birth: [I-26-52. 5. Place of Birth: ATLANTA LA . 6. []'Femate [XJ Mate 7. Social Security No. 256 - 18-5558 i {not required to process application) } NOTE: ** UNOER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURIT VMUMBERS IS VOLUNTARY. THEY ARE REQUESTED PURSUANT TO SECTIONS 455.203 (91, 409.2577 AND 409.2598, FLORIDA STATUTES, AND ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLEIY-0 CHILD SUPPORT AGENCY TO ASSURE COMPUANCE WITH CHILD SUPPORT OBLIGATIONS. ** : = Senta tintia a Sab tansy Mees ents at oneness Ot 0 aye tis caine eatin 8. XK Yes Ci No Are you a high school graduate or the holder of an equivalency certificate? Where would you like to be tested? Ba N.W. Florida ( certht#iaiGad Si rere eprs © 10, 11, 12, 13. 14, ves DC) No oO Yes Ww No O Yes no oO Yes EY no C] Yes PX no ; CI Yes Kf No GB Yes Bo i) Yes Kt no Ol Yes Ie no “(If yo ! » oF governmental agency or department before whom the matter was, or is now, -- give the nature of the charges and st a STS Sameera astern: 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 any 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." lf you answered “Yes,” attach the details including dates and outcome, including any sentence and conditions imposed, in full ona 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 when; : s t ate 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? i . . - ; 1 ¢ nswer 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, commis sion, court Pending and tate the facts.} Have you, in this state, operated, attempted to operate, or i els, tself out as being entitled e : « il : = . to operate, as a real estate Salesperson BREOKEE Win ‘Year prior to the filing of this application when you were not, 19 fact, the holddr of a valid, current li to do so? EXHIBIT FF i PAGE 2 OF e authorizing you iio as denna aE we sage oe SRR DERE EN remanent ' { i i ' ' : ' “oF Tepresentatives, by him/her in respanse to inquiries concerning his/her qualifications. - 15. 0, Yes RX No Are you presently declared mentally incompetent by any court? (If your answer is "Yes", attach a statement giving the full details.) 16. [1 Yes X 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). 17. ves C 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 real 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. Signature 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 from to {stated As a broker in from to (state) Se License Number: Name used AFFIDAVIT OF APPLICANT State of Lv be, County of 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 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 ail amendments to this application or further statements to the Division or its 1 The foregoing application was acknowledged before me this LE day of Kh tll 1993. by Harry M. Tee typ2 of pring Aame.a! applicant -y ~ a re . who is personally known to me or who / ¢. Ld, BA ELS © arr tl Lb jhloEL IE G- : 7 / natura of Derson taking ackniowlagaament on ha. rye oy _ has_produced 2 Vv : type of identificauon INISTRATIVE COMPLAINT : A \ OMe LAT NSTRAT & Nlotary fh as identification. EXHISIT 4 mote, ic’ L SCHENKELBERG . A Rubber Stamp}y* py hy Commission CC-400800 PAGE 7 OF Xe Expires Sop. 21, 1996 . 4 Bonded by ANB r 800-852-5878 Ve aeons \? In my twenties I received a DUI charge. I believe the year was 1975 and it was the summer season. To the best of my memory the fine was $400.00-$500.00. I believe I pleaded no lo contendere. RECEIVED APR 2 1 1998 DIVIRIUI Ur ae Ce ADMINISTRATIVE COMPLAINT — EXHIBIT HF PAGE OF . a PH STALE COURT OF-DEKALB COUN LY STATE OF GEORGIA 2454 7< S State of Georgia + i cast no.) 98334 VS . OFFENSE (fects) Driving under the Harry Marion . Tice, Jr. influence; (1Ct) Driving W/ Sus- pended, Revoked License SENTENCE Defendant in this case: (Nf ravine entered his plea Xs Guilty, or ( ) Noto Contendere or (__) First Offender OR (_) having been found Guilty by the (— ) Court, or (_) Jury IT IS CONSIDERED, ORDERED AND ADJUDGED BY THE COURT: ley 1. That defendant shall pay a fine of $ WOO and $ restitution of $__________ and shall remain in the custody of the Sheriff of this County 2. That the defendant is hereby sentenced to confinement for a period of ae RECS Jail, or in such other place as defendant may be lawfully confined: (Vg: Qs res t Te Rk PROVIDED THAT: Sever 48 haus (_) The sentence of confinement shall be served consecutive with the sentence imposed in case number O Ain (_) The sentence of confinement shall be suspended upon payment in full of any fine and restitution imposed in this case, on the condition that defendant shall not violate any Federal, State or local penal statute during the term of the suspended sentence, same to be judged of by the Court. OA Defendant i to serve Shrs. {+}days-{_)_ months of this sentence in confinement and may serve the remaining ( ) days (XJ months on probation under the following terms and conditions: ( ) Payment in full by defendant of the fine and costs of $_____________ through the DeKalb County Adult Probation Office (DeKalb APO) shall be a condition precedent to the commencement of the term of probation. ( ) Payment in full by defendant of restitution in the amount of $_____ shall be completed prior to the end of the term of probation upon the schedule provided by the DeKalb APO. . Defendant shall at ail times during the term of this sentence furnish all information required by the DeKalb APO and shall report to the DeKalb APO at the times and places required by them. Defendant shall not violate any Federal, State or focal penal statute during the term of his probated sentence, same to be judged of by the Court. Defendant shall comply with such other terms and conditions of probation as may be required by the DeKalb APO, Defendant will deliver to the Court instanter any drivers license and any temporary driving permit which have been issued and until a new drivers license or permit is issued by competent authority, defendant will desist from driving a motor vehicle. Defendant will complete a (__) basic (_) advanced alcohol and drug course at an approved driver improvement clinic and will submit to the Court proof of successful completion of such course within 120 days of this date. (_ ) Defendant's term of confinement will be served at the (_ ) DeKalb County Jail, or other facility during weekends beginning and ending (_ ) Defendant's term of confinement will be served by performing ________ hours _______ days of community service at times and places to be specified by the DeKalb APO. ) Othe: kf Probation or _Suspensip . O 2 FIRST OFFENDER SENTENCE Prior to any adjudication of guitt in this case and without entering a judgment of guilt and with the consent of defendant, the Court hereby defers further proceedings and places defendant on probation for a period of (+) days {) months and orders defendant to pay a fine of Sand restitution of $_______; said probation to be served subject to all terms and conditions set forth in other portions of this sentence and as provided by applicable laws. PROVIDED THAT, upon satisfactory completion of this term of probation, Defendant may be discharged and exonerated without adjudication of guilt. ation or Suspension t_may be ordered to serve the t If the defendant fails to pay any fine or restitution as ordered-or- faiis to-comply-with any of the Conditions of Prob: of this sentence, the probation or suspension may be reyoked-by-the-€o a term of the sentence in confinement, So Ordered this! day of CERTIF ICATE OF SERVICE ‘This is to certify’ that’ true and correct copy of this sentence has been delivered to Defendant and full instructions concerning the terms of suspension and probation have been furnished. This —_____ day of — Probation Officer/ Clerk Acknowledged This — day of , 19: y : Defendant o 2 iBIT 4 EXH ) a PAG STATE COURT OF DEKALB COUNTY Georgia, DeKalb County DEFENDANT _— ses CASE NUMBER AFFIDAVIT OF DEFENDANT PRIOR TO ENTERING PLEA The Defendant in this case, being duly sworn, states as follows: I am not under the influence of alcohol or drugs and I am not suffering from any mental or physical disability. I have been advised of: The nature of the charge against me; The maximum and minimum punishment provided by law; My xight to be represented by a private attorney, or by a public defender, if I am eligible; My right to trial by jury, assistance of counsel and to be confronted by witnesses against me; My right not to be compelled to incriminate myself. I understand that if I enter a plea in this case, there will be no further trial or hearing and a fine or sentence or both may imposed. I now desire to enter my plea. it is free and voluntary. I have not been told what sentence will be imposed. No promises or threats have been made ‘to me by any District Attorney, Solicitor, Lawyer, Policeman or other person to induce me to enter this plea. I hereby plead to the charge against me and waive ny right to legal cgunsel,/arraignment,-list of witnesses, and a copy of the accusation, “I amin fact a, of this charge. I HEREBY ACKNOWLEDGE that I have ‘received a copy of the accusation in the above case. I swear under penalties of perjury that these statements are true, mii Ml Zice, beste & Co A Maly A Welw SOLTCITO I have satisfied myself that this defendant's plea is free and voluntary and that he is in possession of to understand the nature and co This [ q day of y Case Number STATE COURT OF DEKALB COUNTY STATE OF GEORGIA VS. Harry Mayion Tice gr. Defendant (2Cts) Driving under the influence— SUSP/REVOKED DRIVERS LICENSE er 7 HOTION ee / Upon Motion of the State: —~count{s} fad t is hereby Nat Prosequied on a plea to —__ count(s) oan thre C. This 149 day of Spal 19 CF. Assfstant Solicitor This welsh Bias STATE COURT OF DEKALB COUNTY, GEORGIA RALPH BOWDEN, SOLICITOR The Defendant hereby waives formal arraignment and Jury Trial and pleads Le, —. 4 i LY day of dou) 19 Lee : on ane (ace ‘ant’s Attorney) Com H.R. Gatlin Bad. Williams STATE'S WITNESSES DKPD w “"~ ce ere ape tee wemene cee os ap ee ayeere opps _———— et me REE ar EAS NR fee tin STATE OF GEORGIA, DEKALB COUNTY IN THE STATE COURT OF DEKALB COUNTY 1, RALPH BOWDEN, the undersigned prosecuting attorney for the State Court of DeKalb County, on behalf of the people of the State of Georgia, do hereby charge and accuse Harry Marion Tice with the offense of Misdemeanor, for that the said accused in the County of DeKalb, on the ___20th_ __day of __November 19-8, did unlawfully commit the offense of driving a motor vehicle while under the influence of alcohol, to-wit: did physically control a moving vehicle while under the influence of alcohol. Count #2 Did unlawfully commit the offense of driving a motor vehicle while under the influence of alcohol while above the statutory maxim to-wit: did control a mdéving vehicle while there was at least .12 percent alcohol in their blood by weight, Count #3 Did operate a motor vehicle upon the highway, to wit; I-85 and Shallowford Road, in said State and County, at a time when his privilege to do so is suspended or revoked, contrary to the laws of this State, the good order, peace and dignity thereof. ADMINISTRATIVE COMPLAINT EXHIBIT . PAGE 4s a RALPH BOWDEN, Solicitor : DATE: November 23, 1983 NRA NARS * QA\ , vy ot

Docket for Case No: 01-002766PL