f pes 03 . NB 1, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RESULT i Wy, 19 FLORIDA REAL ESTATE COMMISSION Hes ae j ARI arn FLORIDA DEPARTMENT OF BUSINESS Ss AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O 2) ‘é Sar p i vs. FDBPR Case N° 200180181 ALBERT WILLIAM PARHAM, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Albert William Parham (“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 429582 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at River Oak Realty, Inc., 537 Blanding Boulevard, Orange Park, Florida 32073. FDBPR vs Albert William Parham FDBPR Case N° 200180181 Administrative Complaint 4. On or about January 4, 2000, Respondent received $2500.00 from a tenant toward a deficiency balance on early termination of the lease for the property commonly known as 8259 San Pointe Drive South, Jacksonville, Florida 32244. 5. Respondent failed to place the funds in an escrow account. 6. Asa result of the early termination, tenant of that certain property forfeited the security deposit in the amount of $900.00. 7. Respondent failed to maintain the $900.00 security deposit in the escrow account. 8. Respondent failed to deliver an accounting to landlord for the funds above described. COUNT I Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(@)|., Florida Statutes. . COUNT If Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, 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. FDBPR vs Albert William Parham FDBPR Case N*® 200180181 Administrative Complaint COUNT IV Based upon the foregoing, Respondent is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, 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 § 475.25(1), Fla. Stat. (2001) and Fla. Admin. Code R 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 FDBPR vs Albert William Parham FDBPR Case N° 200180181 Administrative Complaint 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. (2001) and Fla. Admin. Code R. 61J2-24.001. SIGNED this 2 day of Apumhor 2002. nt of Business and . ofessional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER ae “FILED * Nancy P. Campiglia Florida Bar N° 0164259 Department of Professional f Regulation Senior Attorney Department of Business and Professional Regulation, a Legal Section - Suite N 308 . * Hurston Bldg. North Tower Date Ilo Z a 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 : (407) 317-7260 FAX Division of Real Estate NPC/k PCP: MV/HF 11/02 FDBPR vs Albert William Parham FDBPR Case N° 200180181 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, 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, 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. DATE: TO: FR: SUBJECT: MEMORANDUM November 19, 2002 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, LEGAL SECTION PROBABLE CAUSE PANEL, REAL ESTATE COMMISSION Albert Parham 200180181 DATE OF PROBABLE CAUSE PANEL MEETING: 11/19/02 MEMBERS OF PANEL AT THIS MEETING: Matey Veissi Herb Fisher I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED THE INVESTIGATIVE FILE IN THE ABOVE REFERENCED CASE AND BY AFFIXING MY INITIALS HERETO INDICATE MY VOTE. FINDING PROBABLE CAUSE AND THUS TO PROCEED WITH ADMINISTRATIVE/INJUNCTIVE ACTION IN ACCORDANCE WITH THE PROPOSED ADMINISTRATIVE COMPLAINT/CLOSING ORDER/MEMO. Aull aed Chairman Member

Docket for Case No: 03-000533PL