STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O Oe YX | i PL vs. FDBPR Case N° 200181839 JAMES A. CRUMBAUGH Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against James A. Crumbaugh (“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 number 3009668 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at 309 Tamiami Trail #113, Punta Gorda, Florida FDBPR v. James Crumbaugh Case No. 200181839 Administrative Complaint 4, On or about August 28, 2001, Petitioner conducted an audit of Respondent’s trust account number 1012644 Charlotte State Bank. Copy of audit report is attached and incorporated as Administrative Complaint Exhibit 1. 5. The audit revealed a $1,000 overage in the account. COUNT I Based upon the foregoing, Respondent is guilty of failure to properly prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), 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, 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 lw FDBPR v. James Crumbaugh Case No. 200181839 Administrative Complaint 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 cducation 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__ 9 day of YWloyernbgnw , 2002. ent of Business and Professional Regulation By: Director, Division of Real Estate FDBPR v. James Crumbaugh Case No. 200181839 Administrative Complaint 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 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: MV/HF 11/02 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. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Division of Real Estate OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM DATE NAME OF BROKER A CRUM BNLGH NAME OF BROKER BROKER LICENSE # i | BROKER LICENSE # OOF UCR | NAME OF BROKER NAME OF BROKER i BROKER LICENSE # i | | BROKER LICENSE | NAME OF BROKERAGE BROKERAGE LICENSE # PHONE NUMBER Hh Feuer sTiAL Uta cekealry Plate CO 1083) 94) [¢33/2b00 } STREET ADDRESS COUNTY ZIP 309 tAmiAm TR-# 112 Puuors Gorda +. CHArlpTie 33750 YES NO REMARKS i | OFFICE (RULE 6132-10.022 & 023) i WA | AGENCY OR TRANSACTION BROKER DISCLOSURE ¥v (F.$.475,276 &.278) REQUIRED OFFICE SIGN (RULE 61J2-10,024) STATEMENT RECONCILIATIONS (RULE 6142-14,012 TISSO.Q0 RECON BANK BALANCE 12 SS5N.00 (SHORTIOVER) AMOUNT [NOC AD __ ia i SECURITY DEPOSIT: TOTAL TRUST LIABILITY 7 | a eee Be Na SALES: TOTAL TRUST LIABILIT Spovo. RECON BANK BALANCE (SHORT/OVER) AMOUNT RENTAL DISTRIBUTION: TOTAL TRUST LIABILITY RECON BANK BALANCE (SHORT/OVER } AMOUNT REMARKS: | HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE ALL RECORDS PEATAINING TO MY SALES ESCROW/TRUST ACCOUNT(S) AND MY RENTAL PROPERTY MANAGEMENT ACCOUNT(S) HAVE BEEN PROVIDED TO THE INVESTIGATOR . THE ABOVE VIOLATIONS WERE BROUGHT TO MY ATTENTION THIS OATE AND. UGHLY EXPLAINED. | WILL TAKE CORRECTIVE ACTION WITHIN DAYS D PROVIDE OBPR WITH PHOTOS, SKETCHES Ee CORRECTIVE ACTION TAKEN. FL BE Slagle / = 8-25 -Of NATURE OF < \ (COMPUTER ID #9 (DATE) CITATION ISSUED Oa: (OaTey NOTICE OF NON-COMPLIANCE (SIGNATURE OF INVESTIGATORD COMPLAINT DOCKET&@-—¥68——NQ__g; Leftt ROO! ES P3F Pursuant to s, 455.225 (3}, F.S., tha Commission sats forth rules which are considered minor violations for which the DBPR shall provide a licensee with a notice of nancompliance. A violation of a rule is considered minor violation if it does not result in econamic or physical harm to a person or adversely affect the public health, safaty, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be Issued for an Initial offense of a minor violation. ADK tin aA YES NO VIOLATION: CORRECTIVE ACTION: PAE WHITE COPY - FIELD OFFICE YELLOW COPY - LICENSEE

Docket for Case No: 02-004813PL