03 3FO0 Oy - es eo. 7+ O Bac. F LAS STATE OF FLORIDA oS aki ft DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: Oo, Oe FLORIDA REAL ESTATE COMMISSION Lp CO Fay Noe od Gee fe FLORIDA DEPARTMENT OF BUSINESS “ AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003003016 TAMARA NATASHA LIBERTO, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (‘Petitioner’) files this Administrative Complaint against Tamara Natasha Liberto (“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 692943 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a salesperson with Lennar Homes, Inc., 8190 State Road 84, Davie, Florida 33324. FDBPR v. Tamara Natasha Liberto Case No. 2003003016 Administrative Complaint 4. In and around September 26, 2002, and all times material, Respondent was employed by Adams Homes of Northwest Florida, Inc. (“Adams”) as a salesperson. 5. In an around September 26, 2002, and at all times material, Adams was registered with Petitioner as Respondent’s registered employer. 6. During her employment by Adams, Adams paid Respondent a commission for every Adams unit Respondent sold. A copy of the commission agreement is attached and incorporated as Administrative Complaint Exhibit 1. 7. Inand around September 26, 2002, Respondent facilitated a purchase and sale contract between Daniel and Teresa Butler (“Buyers”) and Adams. 8. On or about September 26, 2002, Buyers delivered to Respondent, a check for $1000 as an earnest money deposit for the above transaction. 9. In and around October 5, 2002, Respondent informed Buyer that the check had been misplaced. 10. On or about October 5, 2002, Buyers delivered a new $1000 check to Respondent. 11. At all times material, Respondent failed to deliver either check to Adams. 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), Florida Statutes. FDBPR v. Tamara Natasha Liberto Case No. 2003003016 Administrative Complaint COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), 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 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 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 FDBPR v. Tamara Natasha Liberto Case No. 2003003016 Administrative Complaint 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this__ |e day of ley , 2003. Department of Business and Professional Regulation By: Director, Division of Real Estate FDBPR v. Tamara Natasha Liberto Case No. 2003003016 Administrative Complaint 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 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: MV/JR 7/03 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. of Northwest Florida, i Exclusive Marketing and Selling Agreement With Licensed Real Estate Agent Lae : (agent), a real estate agent licensed by the State of Florida, hereby agrees to exclusively market and sell homes constructed by Adams Homes of Northwest Florida, inc. (Adams Homes), in such subdivision(s) as may be assigned by Adams Homes for however long this agreement continues to be in effect. Agent agrees to market and sell such homes in compliance with the Adams Homes “Marketing and Selling Plan” (the plan) however the plan may be modified from time to time. Agent understands that the plan is to be carried out by agent, and that another real estate agent licensed by the State of Florida may be substituted (for days off or vacation time) only with the prior approval of Adams Homes. Adams Homes will pay agent a commission of 2% on each such home sold in the subdivision (whethe sold by agent directly, or in conjunction with another realtor acting as “buyer's agent”) within fifteen days after the closing of such home to the buyer. Both parties acknowledge this agreement is not an employment contract and this agreement may be terminated by either party upon providing written notice to the other party. Upon termination of this agreement by notice given by either party, agent will receive a commission o 1% on each home subsequently closed to a buyer to whom the agent originally sold the home, provided such closing takes place within 6 months of such termination. Such payment will be made within fifteen (15) days of the closing of the home. Adams Homes and the agent acknowledge that there are no other agreements (written or verbal) between them and that no changes may be made to this agreement unless such changes are set forth in a written agreement signed by both on a date subsequent to the date of this agreement, at which time this agreement is terminated and replaced by the agreement then executed, Agreed to this Ath day of . aC! Vlimin WIkh— fy, / Agent Adams Homes of Northwest Florida, inc. lirnora Ni. Khan. Vera Poon Sales Lanager Printed Name Printed Name and Title 7 OMPLAINT — EXHIBIT page 27-

Docket for Case No: 03-003800PL