STATE OF FLORIDA i on DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION =“ FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003048565 COLLEEN WARDEN, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real . Estate (“Petitioner”) files this Administrative Complaint against Colleen Warden (“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 696088 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active salesperson with a nonlicensed owner at 181 Ocean Avenue, Palm Beach Shores, Florida 33404. FDBPR vs Colleen Warden FDBPR Case N° 2003048565 Administrative Complaint 4. On or about September 28, 2000, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever{.] 6. The question on the application relating to a criminal background asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld.” 7. To the question on the application relating to criminal background, Respondent replied “No.” 8. In reliance upon Respondent’s application, Petitioner issued a real estate salesperson’s license to Respondent. 9. Respondent failed to disclose that on or about January 22, 1998, in the Circuit Court of Broward County, Florida, Respondent entered a plea of guilty to Driving While License is Suspended or Revoked.. A copy of the certified court documents is attached hereto and incorporated FDBPR ys Colleen Warden FDBPR Case N° 2003048565 Administrative Complaint herein as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m), Florida Statutes. COUNT II Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2) of the Florida Administrative Code 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 FDBPR vs Colleen Warden FDBPR Case N° 2003048565 Administrative Complaint 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. SIGNED this _\7_ day of ___ STuArt _ , 2003. Tax Mi Department of Business and Professional Regulation By: Director, Division of Real Estate FDBPR vs Colleen Warden FDBPR Case N° 2003048565 Administrative Complaint ATTORNEY FOR PETITIONER Juana C. Watkins, Senior Attorney Florida Bar N° 192112 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 JCW/k PCP: GS/ATR 6/03 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, 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, 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. 5 Z NZ “QO NOT WRITE OR PRINT » 45 IN SPACE BELOW DBPIU401.UREV.08/99) Clip or s space ty photogr taken w fot to be filled in by applicant QUAL. VERIFIED a 2 ED.CRS FpcpD /C /¢/o0 EQUIV. APPROVED SCHOOL# DENIED ye C2 et pe et Rt Mr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE Hurston North Towey,4QO W. Robinson St., P.O. Box 1306 Orjando, FL 32802-1900 i (407) 245-0800 a y APPLICATION FOR LICENSURE AS A REALESTATE SALES - REQUIRED FEE $144.00 °, {fee includes fir stticerrsB) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. 1. Legal name: —hppden _{ple¢n___yrs, —— 2. Personal Mailing it ) 3 On Abs x ot Tery Q Ce Address: {number) (street) — —Aethe Lauderdale _ Frown FL 33005 - EG Su Set Terrace 3. (a) orn Residence (street) dress: (number) ony? DIAM ruse 4 zip Ereey {b) Daytime Telephone No.: IH, 2G5 -_f [?. 5 {Notify the Division of any permanent address change.) 4. Date of birth Obl ) | Qb5 5. Place of birth ENria L Ot USA 6. Gikemale 0 Male 7. Social Security No.: 265 - a! - F229 Under the Federa! Privacy Act, disclosure of Social Security numbers is voluntary uniess specifically required by Federal statute. In this instance, social security num ers are mandatory pursuant to Title 42 United States Coda, Sactions 653 and 654; and sections 455.203{9}, 409.2577, and 409.2598, Fiorida Statutes. Social Security numbers are used to allow efficient screening of applicants and licansees by a Title [V-O child support agency to assure compliance with child support obligations. Social Security numbers must also be recorded on all professional and occupational license applications and will be used for licensee identification pursu: Aesponsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec317. a.) Yes. OONo Are you a high school graduate or the holder of an equivalency certificate? ADMINISTRATIVE COMPLAINT. iXt 9. OYES p{No 10. OYes 2Yno OYES ST NO 11. DYES (NO 12. DYES fX{NO 13. OYES PYNO O Yes 2{no oyves f no 14.0 Yes BNO ) 15. O YES é No _ you to do so? a8 Have you ever been convicted of a crime, found guilty, or entered a plea o% guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses {but not parking, speeding, inspection, of traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. !f you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering “NO”. ff you answered “Yes,” attach the full details including dates and outcome, including any sentence and conditions imposed, on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consuit with an attorney or the Division of Real Estate. {a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition complaint, declaration, answer, counterclaim other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10(a) or(b) is “YES” attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or pending.} {a) Have you previously filed any application for licensure in this state as a real estate salesperson? If so, state when; . (b) Have you failed any previous examination for ficensure as a real estate salesperson in this state? If so, state when; . Have you ever been denied, or is there now pending a proceeding to deny your application for a license, registration, or permit to practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? {a) Has any license, registration or permit to practice any regulated profession, occupation or vocation bear revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? . (b} Have you ever resigned, withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation while such charges were pending? (c) Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? (if your answer to questions 12 or 13 (a) (b) & (c) is tha affirmative -"Yes” - attach a complete statement giving the name and address of the officer, board, commission, court, or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) Have you operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesperson or broker, in this state, within one year. prior to the filing of this application when you were not, in fact, the holder of & valid, ‘current’ ies authorizing Are you presently declared mentally incompetent by BASuer 2 {If vour answer is "Yes", attach’a statement aivina the full details.) 16. {YES O NO Have you used, been known as or called by another name or alias other than the name signed to the application? (If your answer is yes, state name or names used, the paricd of ti and place where used). en Mana, 149 7-(999 (yeas) Florida ; Colleen Goizaez- 1983 (lyear) Flori 17. PAyes C1NO {a} Are you a legal resident of Florida? (b) If your answer to question 17 (a) is “NO”; what state are you a legal resident of? In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY} ! agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. Signature 7 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state. to As a salesperson in from As a broker in from to License Number: Name used ! .. AFFIDAVIT OF APPLICANT State of OS County of B J Cu AIG Sufeszexson _ The above named, and undersigned applicant for licensure as & real estate under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)he is the person so applying, that (s)he has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/ner knowledge, information and records permit, witinout any evasions or mental reservations whatsoever; that (s)he knows of no reason why this application should be denied; and (s)he further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. MHF OOD The foregoing application was acknowledged before me this of by type or print hame of applicant identification. who is personally known to me or who has produced the following as _ - .- } . thas, Tasha N Hamittor: { . Be : af “Notary Seal and Expiratipgg@irgommissin ccssees: (9 u . 3 _ . “(Rubber-Stampi-™ yea Expires August 26, 2003 4 THIS 1S AN APPLICATION TO TAKE THE STATE EXAMINATION FOR LICENSURE AS A REAL ESTATE SALESPERSON. WHEN RECEIVED BY THE DIVISION OF REAL ESTATE THIS APPLICATION WILL BE PROCESSED AND IF YOU MEET THE QUALIFICATIONS IN F.S. 475.17 YOU WILL BE APPROVED TO SIT FOR THE SALESPERSON EXAMINATION. PROCESSING TAKES APPROXIMATELY 30 TO 90 DAYS. THIS APPLICATION MAY BE FILED BEFORE OR AFTER COMPLETING THE PRELICENSURE EDUCATION COURSE. ceo Oo 7 THIS APPLICATION SHALL EXPIRE 1 YEAR FROM THE DATE RECEIVED. IF YOUR APPLICATION 15 PROCESSED AND YOU ARE APPROVED FOR THE EXAMINATION, THE PROCESSING PORTION OF YOUR APPLICATION FEE WILL NOT BE REFUNDED. ONLY THE UNUSED PORTION OF YOUR APPLICATION FEE IS REFUNDABLE. YOU ARE REQUIRED TO REQUEST THIS REFUND IN WRITING. {EF AN APPLICANT DOES NOT PASS THE LICENSING EXAMINATION WITHIN 2 YEARS AFTER THE SUCCESSFUL COURSE COMPLETION DATE, THE COURSE IS INVALID FOR THE PURPOSES OF OBTAINING LICENSURE. APPLICATIONS FOR LICENSURE MAY NOT BE ACCEPTED BY THE DBPR IF RECEIVED LESS THAN 60 DAYS PRIOR TO THE END OF THE 2 YEAR PERIOD OF COURSE ELIGIBILITY. AN APPLICANT MUST SIT FOR AND PASS THE REAL ESTATE EXAMINATION BEFORE THE EXPIRATION DATE OF THEIR COURSE. UPON PASSING THE EXAMINATION, APPLICANTS WILL RECEIVE AN INACTIVE LICENSE BUT MAY REQUEST AN ACTIVE LICENSE UPON SECURING EMPLOYMENT BY FILING FORM 400.5 WITH THE DIVISION OF REAL ESTATE. IF YOU NEED TO START WORK IMMEDIATELY UPON PASSING THE EXAMINATION, BRING A COMPLETED 400.5 FORM TO THE EXAM SITE. NOTICE TO PERSONS WITH A DISABILITY If you have a disability and may require some accommodation in taking this examination, BE SURE to request, fill out, and return the "Request tor Accommodation” form (DRE 701) along with your application. If accommodation is not requested in advance, we cannot guarantee the availability of accommodation. Anyone interested in obtaining a copy of the DRE 701 form may contact the Division of Real Estate at (407) 245-0800. (84319 Anda) *OL Jad WHu3s3¢ oro ‘OA %S 1soo aNd 4unoo oro ‘OA %S 4509 3NI4 4unoD or ‘OA %S 1s09 3NId 409 oro ‘OA %S 4S09 3NI4 Aynoo SAVG G3AYNaS AWIL (S)INF < RE PNET? 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