4) Ao oF o , © STATE OF FLORIDA "Gg FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, © ns 75 C vs. FDBPR Case N° 2001501114 FRANKIE S. HORTON Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Frankie S. Horton (“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 312898 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at Green Key Realty, Inc., 6518 U. S. Hwy. 19, New Port Richey, Florida 34652-2236. FDBPR v. Frankie Horton Case No. 2001501114 Administrative Complaint 4. Atall times material herein, Respondent acted as supervising broker of Donald Barth, a real estate salesperson registered with Respondent as his broker. 5. Salesperson represented Dale Helms (buyer) in a real estate transaction. 6. Prior to closing the transaction, buyer requested from salesperson the Seller’s property disclosure statement. 7. Prior to closing, Respondent received the property disclosure statement from Seller. 8. Respondent did not give the Seller’s disclosure to salesperson. 9. Respondent did not give the Seller’s disclosure to buyer. 10. Thereafter, buyer closed the transaction without having received the Seller’s disclosure. 11. The Seller's property disclosure statement was incomplete and revealed the following: a. The air-conditioning system needed to be replaced; b. The working condition of certain equipment and all appliances was unknown; c. All appliances had not been used for many years; and d. Some disclosures were contradictory. 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 v. Frankie Horton Case No. 2001501114 Administrative Complaint COUNT II Based upon the foregoing, Respondent is guilty of failure to comply with duties of the brokerage relationship of Section 475.278, Florida Statutes, and, therefore, is 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 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 FDBPR v. Frankie Horton Case No. 2001501114 Administrative Complaint 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 Flonda Administrative Code Rule 61J2-24.001. SIGNED this__ -20 day of _Agtempber , 2002. e ent of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER LORENZO LEVEL Florida Bar N° 0165123 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 LL/ PCP: MV/HF 11/02 FDBPR v. Frankie Horton Case No. 2001501114 Administrative Complaint 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.

Docket for Case No: 03-000575PL