STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a o FLORIDA REAL ESTATE COMMISSION eg odd SARING FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, e a- | 2 (yee vs. FDBPR Case N° 200182707 SUSAN PERINA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Susan Perina (“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 420859 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at Perina Realty, Inc., 7485 Royal Palm Blvd., Margate, Florida 33063. FDBPR v. Susan Perina Case No. 200182707 Administrative Complaint 4. In and around July of 2001, Respondent facilitated negotiations to purchase and sell real property commonly known as 425 SE ui" Terrace, Apt 407, Dania, Florida. (“Property”) 5. The transaction failed to close. 6. On or about July 9, 2001, without a judgment in a Florida court or authorization of owner, Respondent caused a lien to be placed and recorded on Property, with the intention of collecting a commission for her services rendered in the above-referenced transaction. Copy of “Claim of Lien” is attached and incorporated as Administrative Complaint Exhibit 1. COUNT | Based upon the foregoing, Respondent is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. COUNT II 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. FDBPR v. Susan Perina Case No. 200182707 Administrative Complaint 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 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 ty FDBPR v., Susan Perina Case No. 200182707 Administrative Complaint Administrative Code Rule 61J2-24.001. SIGNED this 23 ® _ dayof _LLase Ly , 2003. MO el Department Rath Business and Professtonal Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Fil ED . CHRISTOPHER J. DECOSTA Departing Of Px Senior Attorney Pivig, «| C°8Sional p Recuian Florida Bar N° 00271410 ky “8 OF Reay Estate Water Division of Real Estate Oak Department of Business and Professional Regulation, ge 2LY/y3 0 Legal Section - Suite N 802 wate Hurston Bldg. North Tower — 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: MV/JR 3/03 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. FDBPR v. Susan Perina Case No. 200182707 Administrative Complaint 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. wn

Docket for Case No: 03-001316PL