oo ae ee a am A AE PERS: MONA RRL me ew [9 2D Hop, STATE OF FLORIDA SK DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIG FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001500679 ROBIN M. COBB, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Robin M. Cobb (“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 475630 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at 119 Holly Tree Lane, Brandon, Florida 33511. 4. On or about June 1, 2001, Respondent entered into a contract to represent JoAnne Fraley te re epee meee ener: nomemnen-m A eta ns en mean raat FDBPR vy. Robin Cobb Case No. 2001500679 Administrative Complaint (“Fraley”) in the purchase of real estate. A copy of the contract is attached and incorporated as Administrative Complain Exhibit 1. 5. On or about June 11, 2001, Fraley entered into a purchase and sale contract regarding real property commonly known as 1207 Camelia Dr, Brandon, Florida. A copy of the contract is attached and incorporated as Administrative Complaint Exhibit 2. 6. Respondent was the designated escrow agent for the above transaction. 7. The above contract was contingent upon Fraley qualifying for and obtaining financing, 8. On or about June 25, 2001, Fraley placed a $500 deposit (“Deposit”) for the above transaction with Respondent. 9. On or about June 26, 2001, Respondent placed Deposit into her operating account at Sun Trust Bank, resulting in the intermingling of personal funds. 10. On or about August 3, 2001, the lender, Diversified Mortgage Co., notified Fraley that her application for credit was denied. A copy of the statement of denial is attached and incorporated as Administrative Complaint Exhibit 3. 11. On or about August 23, 2001, Respondent placed a demand upon Deposit. 12. Atall times material, Respondent has failed to return Deposit to Fraley. 13. At all times material, Respondent failed to notify the Florida Real Estate Commission conflicting demands or institute settlement procedures pursuant to Section 475.25(1)(d)1., Florida Statutes. FDBPR v. Robin Cobb Case No. 2001500676 Administrative Complaint COUNT I Based upon the foregoing, Respondent is guilty of breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II 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 III 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 61J2-14.008(2) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT Iv Based upon the foregoing, Respondent is guilty of failure to immediately deposit trust funds in a trust account in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes, COUNT V Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. FDBPR v. Robin Cobb Case No. 2001500679 Administrative Complaint COUNT VI Based upon the foregoing, Respondent is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 61J2-10.032(1)(a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VIL 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. COUNT VIII Based upon the foregoing, Respondent is guilty of collecting an advance fee for the listing of real property without depositing 75 per cent of such amount in a trust account and failure to account and deliver the advance fee, in violation of Section 475.452(1), Florida Statutes 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 FDBPR v. Robin Cobb Case No. 2001500679 Administrative Complaint 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 Administrative Code Rule 61J2-24.001. FDBPR v. Robin Cobb Administrative Complaint Case No. 2001500679 SIGNED this ZO™ dayor Mea , 2003. FILED Depertment of Professional Regulatiag Division of Rea! Estate CD/k PCP: NH/HF 5/03 Mw pigh'e Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER 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 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 FDBPR v. Robin Cobb Case No. 2001500679 Administrative Complaint 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. 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