93 be ~ & fy STATE OF FLORIDA /8 PY o, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION)” i roy, 0] FLORIDA REAL ESTATE COMMISSION Hes hil ge Rin 4 We FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O By O57 le PL Vs. FDBPR Case N° 200080333 KIRK MICHAEL BUDD, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Kirk Michael Budd (“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 salesperson, issued license number 567319 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a salesperson with New York Associates, Inc., 29259 U.S. Hwy. 19 North, Clearwater, Flonda 33761. FDBPR v. Kirk M. Budd Case No. 20008333 Administrative Complaint 4. Respondent’s real estate license was in an inactive status trom October 1, 1998 to January 4, 2000. 5. While Respondent’s license was in an inactive status, Respondent acted as a real estate salesperson in vartous real estate transactions. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a salesperson without being the holder of a valid and current license as a salesperson in violation of Section 475.42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II 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. 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 penaltics 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, FDBPR v. Kirk M. Budd Case No. 20008333 Administrative Complaint 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 offensc(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (tO) 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 7 dayor____ , 2002. ( . FILED ies ep ent of Business and Sapartment of Professional Regulation rofessional Regulation Division of Real Estate By: — Director, Division of Real Estate __ Ray Haye Set kK pl gfee Tate FDBPR v. Kirk M. Budd Case No. 20008333 Administrative Complaint ATTORNEY FOR PETITIONER LORENZO LEVEL, ESQUIRE Florida Bar N° 0165123 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 802 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX LL/ PCP: NM/PH 12/02 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.

Docket for Case No: 03-000576PL