STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, OD i) Ot «PP Cc vs. FP'PR Case N° 2002000280 2002003358 DEBORAH LYNCH, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Deborah Lynch / “Kespondent”) and alleges: ESSENTIAI ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency chia:ged with the responsibility and duty to prosecute Administrative Complains pursuant to the laws of the State of Florida, in particular Section 2.165 and © napters 120, 455 and 475. ¢ f 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 560825 in acc. -rdance with Chapter 475 of the Florida Statutes. 3. The last license issued «4s as 4 broker with Realty Fair Corpc ation, 9506 Hood Road, Jacksonville, Florida 32257. FDBPR v. Deborah Lynch Case Na. 2002000280 Administrative Complaint 4. On or about March 20. 2002, Petitioner performed as office inspection and audit of Respondent’s office. Copy of andit report is attached and incoxporated as Administrative Complaint Exhibit 1. 5. The inspection/audit revealed that Respondent had paid various business operating costs from her trust account. 6. The inspection/audit revealed that Respondent was rot reconciling the trust account on a monthly basis. 7. On or about March 2i), 2002, Respondent was unable te provide to Petitioner an accurate accounting of deposits held in trust bv her company. 8. On or about March 20, 2002, Respondent was unable to provide an accounting for an $800 deposit held in trust pursuant to a transaction for the real property commonly known as 561 William Paca Street, Orange Park, Florida and real property commonly known as 11630 West Ride Drive, Jacksonville, Florida. COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Flor?.ia State: es. COUNT II Based upon the foregoing, Respondent is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 6132-14.008(2) of the FDBPR v. Deborah Lynch Case No. 2002000280 Administrative Complaint Florida Administrative Code and, therefore, in violation of Sectiue 17S. 25(1)(e), Florida Statutes. COUNT III Based upon the foregoing, ‘.espondent is guilty of failure to prepare the required written monthly escrow statement-reconciliat ons 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, COUNT Iv Based upon the foregoing, Respondent is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed io keep an accurate account of all trust fund transactions in violation of Rule 6152-14.012(1) of the Florida Administrative Code and, therefore, in violation of Section 4753.25(1)(e), the Florida Stotites, WHEREFORE, Petiti« ier ss, -ectfully requests the Florida Real Estate Commission, or the Department of Business and £. Messional Regulation, as may ve ay:prepriate, to issue a Final Order as final agency action finding ib: 2 -spondent(s) guity as charge. fhe 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 css; issuance of a reprimand; imposition of probation subject fe terms including, but now .. “.tcd fo, requiring the licensee, registrant or permitee to comp* #4 ed pass additional real estaic du: stron courses: publication; or FDBPR v. Deborah Lynch Case No. 2002000280 Administrative Complaint any combination of the foregoing «bch may apply. vee Serr ue 0 s25( 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 seventy 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; vublication; 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 3 4 day of LMare L, , 2003. Wea auy of kaneyfli ple and Professional Regulation By: Director, Division of Real Estate FDBPR v. Deborah Lynch Case No. 2002000280 Administrative Complaint AY TORNEY “OR PRETUIIONER CHRISTOPHER J, DECOSTA Senior Attorney Florida Bar N° 00271410 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 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. 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: 03-002018PL