eo .. On OS STATE OF FLORIDA 3 om . oy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULABON, 4, % FLORIDA REAL ESTATE COMMISSION GE. yA Beg on O. One, od FLORIDA DEPARTMENT OF BUSINESS S oN . AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001500888 STEVEN J. DAVID, . Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Steven J. David (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT lL. 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 patticular 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 3005272 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Florida Professional Real Estate, Inc., 2737 East Oakland Park Blvd., Ft. Lauderdale, Florida 33306. FDBPR vs Steven J. David FDBPR Case N° 2001500888 Administrative Complaint 4. On or about June 14, 2001, Respondent’s salesperson, Nicola Chance-O’Brien indicated that she was in receipt of a deposit in the amount of $35,000 to the seller of property commonly known as 258 Lombardi Avenue, Lauderdale-By-The-Sea, Florida. A copy of the deposit receipt and contract for sale and purchase is attached hereto and incorporated herein as Exhibit 1. 5. At all times material, Respondent’s salesperson was not in receipt of a deposit for the purchase and sale of the property commonly known as 258 Lombardi Avenue, Lauderdale-By-The- Sea, Florida. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, 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. 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, FDBPR vs Steven J. David FDBPR Case N° 2001500888 Administrative Complaint 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. SIGNED this _\1)_ day of _ Printed Nowe Dale Sovint Security or Tax LD # KK Social Seewity or Vax Lb. 9 Address L650 SRaCeAge Aus, crcr = fy. the S68 PLR BPs aR Cole, & (SP Pw-VIEG Vax f(y Vole. #5). fa he (_j, DRPOSTIT RECEIVED bs LOO to be hot subjcet (6 vatniet, Weheck, subject te cleurince, Signanue wwe Agent: Conmpuny None ACCEPTANCE OF CONTRACT & PROFESSIONAL SERVICE FRG: ‘The Seller hereby herein and recognizes f bs Addtexs: Tele. # (OSH) MIA Shay probes tau recognizes, appraves and accepts the offer contained as Sclling Barker in this transaction, Address: ~~. ————__. Tete. # OSG Suath V2 tnroker mS 1 4 __-.. Salespersons Publfe MES ID Mt — iene and COMPLETE THE ONE, APPLICABLE) IF A WRITTEN LISTING AGRERMENT 15 CURRENTLY (N EVEL Seller agrees to pay the Listing Broker aamied shave accarding to the terms of an existing, sep; Aerecownts A per MES ft » AT Bayer Osis te pecforn cacceding the professtanal sceviee fee, chill be evwily diviked betw isting t Makers” servivek ineliding casts expended hy Brokers, sud the balatee stall Iie pnid to Sener. OR ( ) IFNO WRITTEN LISTING AGREEMENT 15 CUR RUNTLY IN LITECH: Selec shat pay the Liating Broker named above, al closing, fram the proceeds of dic. si {COMPLETE ONLY ONL) —% uf the ernss Purchase Price OR & effecting the sate by Aading the Wuyer ready willing td able i purchase pursuant to te Crattrace. deposits are retained, 59% thereat, bul Hot cxcceding the professional service fee, shall be evenly ae weitlen professinal service fee eo ined, 50% thereat, but Hat 1 2 professional service fec of « for Broker(s} services in Is to perfor and Listing Uroker and Selling Broker, a8 full consideration for Brokers" services including coals expetsled by Broke e shatl he paid in Seller, SELL. . SULLUR a Printed Nune QUDREA Mee k toate LB/14/ OF Mrimted Nate we Sout Security or Tas 13, 9 Social SeourltyorTax WD. Address ‘ .. _. Tele. WS () Fax te }. - Tele, it: ( ) Vax #¢ .) TUS tS INTENDED To TE A LEGALLY BINDING Cf INTRACT, Prise te signing, {yon dedie legal or tix oxdvice Associnttott atu the RIALTOR® Asseiatin whe Conditions in this Contrnet should be mecepted hy § reapcclive interes, objections nal Inirgulaing nyt Fen Fiat UT goon dee oeot Fully wqulerstand shis Chutract, eee the Mts ae applets prolessinnsl, Meurer Fort Lauenbile, In he pases itn pani ions ol ull particg. PAGE 6 OF o

Docket for Case No: 03-003825PL

Issue Date	Proceedings
Nov. 20, 2003	Order Closing File. CASE CLOSED.
Nov. 19, 2003	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Nov. 03, 2003	Order of Pre-hearing Instructions.
Nov. 03, 2003	Notice of Hearing (hearing set for December 19, 2003; 10:30 a.m.; Fort Lauderdale, FL).
Oct. 23, 2003	Joint Response to Initial Order (filed by Petitioner via facsimile).
Oct. 16, 2003	Administrative Complaint filed.
Oct. 16, 2003	Request for Administrative Hearing filed.
Oct. 16, 2003	Agency referral filed.
Oct. 16, 2003	Initial Order.