lL) a- rel ir STATE OF FLORIDA G DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: %> FLORIDA REAL ESTATE COMMISSION ee FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001501116 LARRY D. HOFFMAN Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Larry D. Hoffman (“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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3010671 and 3010474 in accordance with Chapter 475 of the Florida Statutes. 3. The last licenses issued were as a broker at American Realty of Northwest Florida, 1270 FDBPR v. Larry D. Hoffman Case No. 2001501116 Administrative Complaint N. Eglin Parkway, Shalimar, Florida 32579 and at Weno Real Estate, Inc., 117 Racetrack NW PMB 255, Ft. Walton Beach, Florida 32547. 4. Atall times relevant, prior to May 17, 2001, Respondent was employed by Coldwell Banker All-Star Real Estate Services. (All-Star) 5. During the course of his employment by All-Star, Respondent developed and maintained All-Star’s company web site, www.destin-realty.com (Web Site). Copy of printout is attached and incorporated as Petitioners’ Composite Exhibit One. 6. Pursuant to’ his duties, Respondent had access, authority, and the ability to make changes to the content of the web site. 7. On or about May, 2001, Joseph Endry, broker/owner of Coldwell Banker JME Realty purchased the assets of All-Star (hereinafter referred to as JME). 8. On or about May 17, 2001, Respondent terminated his employment relationship with All- Star and entered into an employer/employee relationship as a broker with ERA American Realty. (American) 9. At all time relevant after May 17, 2001 and prior to August 20, 2001, Respondent continued to have access and control over Web Site and its internal source code. 10. Between May 17, 2001 and August 20, 2001, without the authorization of Joseph Endry or JME, Respondent intentionally and continuously accessed the Web Site source code and modified said internal source code and content of Web Site to wit: creating links which automatically sent FDBPR v. Larry D. Hoffman Case No. 2001501116 Administrative Complaint user from Web Site to Respondent’s internet web site, that utilized uniform resource locators: www.teamhoffie.com.; www.larryhoffman.com; and 75percentback.con/larryhoffman.htm. A copy of printout is attached and incorporated as Petitioner’s Exhibit Two. Letter from Teri Bruno, hired by Mr. Endry to fix Web-Site attached and incorporated as Petitioner’s Exhibit Three. 10. Respondent modified the content of the Web Site such that without the consent of JME or Joseph Endry, prospective clients that logged on to JME’s web site would be diverted from JME Realty and to Respondent and Respondent’s new employer, JME. COUNT I Based upon the foregoing, Respondent is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. 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 of the Florida Statutes, 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, We FDBPR v. Larry D. Hoffman Case No. 2001501116 Administrative Complaint registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this__ C2 dayot___ Jee ly 2002. ent of Business and Professional Regulation By: Director, Division of Real Estate . Ss, aA, FDBPR v. Larry D. Hoffman Case No: 20015011167 Administrative Complaint Be ‘2 ATTORNEY FOR PETITIONER CHRISTOPHER J. DE COSTA Florida Bar N° 0271410 Senior Attorney, Real Estate Department of Business and Professional Regulation, . Legal Section - Suite N 308 ase Hurston Bidg. North Tower ABST OR me 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX coke. PCP: MP/LJ 7/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 of the Florida Statutes; 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. Destin Florida Homes, Houses.Land * Allstar Real Estate* Page } of 3 oF cd Weare Your Winning Allstar Team “> ial esrare me ke wk eR RESULTS-ORIENTED ¢ 22-Point Buyer and Seller Guarantee in writing! ¢« Concierge service to save you time and effort ¢ Transaction coordinators to insure a smooth buying or selling process « Relocation department to oversee all incoming and outgoing referrals ALL STAR « Locally owned and , operated by Susan K. MANAGEMENT McGinnis, Certified | TEAM Residential Broker, Certified Residential Specialist, ' { Graduate Realtor Institute, | with 30 years of experience - ; in real estate : ¢« Recipients of the } Presidents Award of ~ Susan McGinnis Honor from Coldwell Can cus eat Banker Corporate for ~ — 1997, 1998, 1999 22 oy « Coldwell Banker has over «= “4 90 years experience, earning a reputation as the premier real estate company file OD: aligrae main kena 68007 Destin Fiorida Homes, Houses,Land * Allstar Real Esiate* Page 2 of 3 wan FE *« Management team with @ two Vice mad a _ Presidents/Brokers with, 4. 0% @ combined 38 years in'regt. ~~ estate we v Mary Huggins Larry Hoffman en ° Broker’Vice President Broker'Vice President c CRS. GRI CRS. GR} ® Specialists in Everything from Resorts to Relocation *® Okaloosa County Walton County Ft. Walton Beach Area (search this area) (search this area) (search this area) e Bluewater Bay e Blue Mountain e Eglin AFB e Crestview Beach « Ft. Walton Beach e Destin e Grayton Beach ¢ Hurlburt Field « Navarre e Sandestin e« Mary Esther e Shalimar e Santa Rosa Beach « Niceville e Seagrove Beach e Seaside « Rosemary Beach » Point Washington * 1-800-206-9824 * or Contact us at any of or three locations: | DESTIN: FT. WALTON BEACH: WALTON COUNTY: 36008 Emerald Coast 533 Eglin Parkway NE 6725 W. Co. Hwy. 30-A | Parkway #210B Fort Walton Beach, FL 32547. Santa Rosa Beach, FL 32459 Destin, FL 32541 BUS: (850) 862-2102 BUS: (850) 267-0727 BUS: (850) 837-5523 FAX: (850) 862-7180 FAX: (850) 257-0588 FAX: (850) 837-8123 TOLL FREE: 800-768-9797 % ~~ Coldwell Banker Mortgage is pleased to offer you a full range of programs at competitive rates, unsurpassed customer service and the smoothest mortgage experience in the industry. Coldwell Banker Mortgage offers conventional, jumbo, FHA and VA loans. Click here to visit the Coldwell Bunker Mortgage Web site, where you can view your mortgage options with our calculators, get pre-approved (even before you have a property selected), yet set-up with our rate watch monitors, and even apply online. file: D+ alistar main html 65 7002 Destin Florida Homes. Houses, L * Allstar Real Estate* er Ls) D es ti n B an k | aN The First American Corporation = Print this frame BACK Home { All Star Team | View Our Listings} Pre Construction | Relocation Info | FORWARD Concierge | Financing |} Ne‘ghborhoods | Local Info | Contact Us [Oe er BRAVENET.COM | Destin. Sandestin, waterfront.Destin homes.Real Estate Sandestin houses.land Northwest Florida.Real Estate. Property, land.property,real estate, Northwest Florida.Real Estate, Property, land, Destin,Emerald Coast.Sandestin,Niceville,Fort Walton Beach.Destin Florida,*Destin Allstar® Realtor. Fla.Florida.vacation.property managementnew home.refinanceinvestment property waterfront houses,Real Estate, Realtor, Buyer Representative. homes, houses, buying, selling, land, residential, commercial, condos, waterfront. building, sub-divisions.Realty.area guide, free services, relocation guide, mortgage search, really, loans, veteran, F.HoA locution.equity, convey, deed, appraisal, certified market analysis, capital gains, creative financing, floor plan, builder, Northwest Florida, Emerald Coast, Florida Panhandle, Gulf Coust.Destin homes.Real Estute,Sandestin houses.land Northwest Flonda.Real Estate. Property Jand.property,real estate, Northwest Florida.Real Estate,Property land file: "D: allstar main hrral WS 209 Welcome Page | of 2 Weare our Winning All star Team 3, ALL STAR -REAL ESTATE & - SERVICES ¢ Okaloosa County Ft. Walton Beach Area (search this area) ‘ (search this area) e Bluewater Bay ¢ Eglin AFB ¢ Crestview ¢ Ft. Walton Beach e Destin e Hurlburt Field « Navarre e Mary Esther e Niceville ® Shalimar Relocating to this area? We ees — specialize in making your move oes qe mee : Catto hy here an easy one. a Ps eo) ae WS pee : pe oe aoe ay. 4 ee j Jmoerad HGH BR La : . 1G Se ey = eT nt ae peokelec S Name: See eed esp fefeans : , " Cpe Sika es Nee bens Nine Bema Phone: { )| ae 9 epee pa ~ ————— E-mail: : Chatelaine Estates 2 verge Address: . . * Beal Pkwy to 3rd St. the East 2 City: Royal View blocks * 2&3BR/1&2.5BA Bedroom State: Majestic Views Fit f Townhomes . ° Zip: i i ii * Approximately 1200-1700 Sq, Ft. P ° 2a a oe eaten * From $70,000 to $80,000 2° oe from $239 000 PP d Tt TT re file D: allstar evlin him 65/2002 aS PUSS ige We'come Page 2 of 2 Cy I would like additional e Extra Amenities: Po information about: Covered @grking ; * FREE Relocation package * Hurry for Peeconstrt All Star Buyers Guide a Oo. a ee T Real Estate in another get area Sales Centé- OPEN GalLy (Relocating, second home, Sunday 1 to 52, - retirement, etc.) Area/City Submit | Try Again ® 1-800-206-9824 x or Contact us at any of or three locations: DESTIN: FT. WALTON BEACH: WALTON Coun 36008 Emeraid Coast Parkway #2108 533 Eglin Parkway NE 6725 W. Co, Hwy Destin, FL 32541 Fort Walton Beach, FL 32547 Santa Rosa Beach, | BUS: (850) 837-5523 BUS: (850) 862-2102 BUS: (850) 267 FAX: (850) 837-8123 FAX: (850) 862-7180 FAX: (850) 257 TOLL FREE: 800-768-9797 = Print this frame “Home | Al Star Team | View Our Listings} Pre Construction | Relocation Info . Back { Concierge | Financing | Neighborhoods | Local Info | Contact Us FORW ARD file: TD. allstar selin hepa reel av ane Northwest Florida Real Estate, Homes, Houses, *Larry Hoffman* Page 1 of } y of Northwest ttn Smercenthack cam ary ha finan hin 6ISNNI BRUNS os: September 19, 2001 Mr. Joe Endry 22-A Via de Luna Pensacola Beach, F! 32561 Dear Mr. Endry, On August 13, 2001, | received an e-mail from Connie Lewis requesting that | check one of your websites www. destin-realty.com for links to Larry Hoffman — ERA. The Destin Log reported that they had checked the site and could not find Please feel free to contact me concerning this matter at any time. Thank yu, 44 ¢ Terri Bruno Bruno Marketing & Design 4370 Costa Mesa oo Pensacola, Florida 32504 eer 850-477-5885 “ PAGE Banos rr

Docket for Case No: 02-003371PL