STATE OF FLORIDA Gye 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° 2003000959 JEANNE EMIDDIO, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Jeanne Emiddio (“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 sales associate, issued license number 675631 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive sales associate at 31 SW Riverway Blvd., Palm City, Florida 34990. FDBPR vs Jeanne Emiddio FDBPR Case N° 2003000959 Administrative Complaint 4. On or about December 13, 2002, in the Nineteenth Judicial Circuit of Martin County, Florida, Respondent was adjudicated guilty of Organized Fraud, False Statement, and four counts of Medicaid Provider Fraud. A copy of the court document is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. Respondent timely notified Petitioner of the plea and provided a written statement. A copy of the statement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25(1)(), 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 Jeanne Emiddio FDBPR Case N° 2003000959 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 this2O™ day of Leesa , 2003. Fi LED Department of Business and Department of Professional Regulatiive Professional Regulation Rivision of Real Estate : By: Jason Steele , : Director, Division of Real! Estate Kus Hage —s ata aS ife2 Detc FDBPR vs Jeanne Emiddio FDBPR Case N° 2003000959 Administrative Complaint ATTORNEY FOR PETITIONER James P. Harwood, Senior Attorney Florida Bar N° 0425941 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 JPH/k PCP: PH/HF 8/03 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. 4 1-89-2243 10:26PM FROM KIBREY BARLOW 772+221+8g88 PROBATION VIOLATOR ____- COMMUNITY CONTROL VIOLATOR ‘ er0Q FOR RECORE RETRIAL SRTIN COL, FL RESENTENCE 7 __eamenpeo «= (402 DEL 19 PH 12: 27 MARSHA EWING SLERR OP ORCINY Cstar BY. ——.9.C. STATS OF FLORIDA -VS~ ie - IN THE CIRCUIT COURT, NIN a - EANNE EM / dS fl 0 INETEENTH JUDICIAL CIRCUIT DEFENDANT The Defendant, this Court repre sate represented by —_—-. med by Z IN AND FOR MARTIN COUNTY, FLORIDA DIVISION FELONY G2-59 3 CfF. CASE NUMBER ie / J, _ JUDGMENT. and having: . being personally before the aiorney of record, and the Been tried and found guilty by jury/oy court of the following crime(s) Entered a plea of guilty to the following crime(s) Entered a pita of nolo contendere to the following crime(s) DONE AND ORDERED in open court in Martin County, Florida nik We OF 2 Ve OFFENSE STATUTE DEGREE NUMBER’S OECRIME BPAOMHE FB Hy. Vo fo 3B HAGMAR FB UWIaIaian F HiIGdbet FS? AG GM An FS and no cause having been shown why the defendant is hereby ADJUDICATED GUILTY of the above Defendant should not be adjudicated guilty. IT IS ORDERED THAT the erime(s). and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty. regardless of adjudication, to arempts or offenses celating to sexual battery (ch. 794). lewd (3,782.04) aggravated battery (3. 784.045). carjacking (s. 812. and lescivious conduct (ch. 890). of murder invasion robbery (s, 812.135), or aay other $33). or home offense specified in section 943.325, the defendant shall be required to submit blood specimens. and good cause being shown: IT 1S ORDERED THAT AD) TBE WITHHELD. CIR! y / (2 wustRATINE COMPLAINT. EXHIBIT.L_-PAGE, / - . DAGF L OF January 11, 2003 To whom it may conceryy yy lo Alvision OF p us} This letter is to explain, Slvegvents that led to my error in judge- ment. I am the mother, sols Supporter and caretaker of two girls aged two and nine months. The following is a list of events which led to the current crisis that I am now facing. I plead with you to consider to allow me to continue working as a Lic. Real Estate Salesperson so that I may continue to work to support and nurture my children. I have been a Lic. Real Estate Salesperon since 1999 until present and have had no complaints filed against me. As a resident and homeowner of Florida since 1982, I have worked in the banking and real estate business. TI received my real estate salesperson license in 1999. TI have been self supportive and have never asked for public assistance. I have not had health insurance since 1993 nor did I have any health insurance for my children from 1999 through July 2002. In March 1999, I sold my home in Palm City and met Paul Angelastro, the father of my children. Within a few months of dating, I regrettably gave him a $15000 check, which he promised to pay back in two months time. That is when the problems began. Soon after, in July of 1999, I became pregnant with Annabella, my two year-old daughter. I went to the Martin county Health Department solely for the purpose of a pregnancy test. After completing the test a lady escorted me to her office. I was desperate and made a serious error in excepting benefits and not fully writing down all financial information, In August of 1999, Paul wanted to buy a boat, could not obtain the financing, and persuaded me to sign for the boat. The $4000.00 down payment on the boat was on my credit card. Being pregnant with Annabella and suffering with Placenta Previa, I was under a great amount of stress and made another grave error by signing for this boat without first receiving payment back for the $15000.00 I loaned him. By October, I was three months pregnant and Paul decided that he did not want the boat. I had the boat repaired, continued the payments and attempted to sell it on consignment. The payment of the boat, credit card, and insurance payment was about $500 a month. The boat was sold in June 2000 at a loss of $5500. which was charged to my credit card. At no time did I ever receive monetary assistance from Paul, who was now threatening me to have an abortion since he did not want the baby. I can see now in retrospect that wanting Paul to share a life with our soon to be born child and the severe physical and emotional problems I was facing, clouded my better judgement. This emotional and financial stress was taking a greater and greater toll on my mental and physical state. EXHIBIT_____ -2- Due to my limited income my credit card debt totaled $54,803.06 in 1999. There were loans to my business of $10,000 in 1999, $1,665 in 2000 and $2400 in 2001, totaling $57,756. By August 2001, $44,673 was owed to credit cards. As of September 2002 my credit card debt totaled $70,000. My assets at that time included and IRA at Bank of America worth $3800 established while employed at Glendale Federal from 1984 to 1990. Personal checking accounts balances at Bank Of America from August 1999 to November 1999 averaged about $200. My business account at Riverside National Bank from August of 1999 to December 1999 totaled $1000. My car payment for my used Lexus was $369 a month. At this time I would like to make it abundantly clear that although I was under mental, emotional and financial stress at no time did I approach my responsibilities as a mortgage broker with anything less than complete professionalism and honesty. This is witnessed by the fact that I have hundreds of satisfied customers throughout my years of doing business as a mortgage broker. This has been rewarding to me both in gratification and financial stability. When I became pregnant with my second daughter I returned to Martin County Health Department for a prenancy test as my financial situation had remained the same. However, upon the sale of my house on October 17, 2002, I no longer needed financial public assistance and personally paid for my prenatal care, midwife services and hospital expenses. In closing, my wish is to continue to care for my children and to work as a mortgage broker, a field I love in a productive manner toward a goal of being debt free. In your wisdom, I leave you with my plea to allow me to continue working as a Mortgage Broker and to consider the great stresses that led to this unfortunate incident. I have enclosed letters from satisfied customers as well as a letter from the title company that I have been operating with for many years and a petition with signatures from satisied customers to attest to my honesty, integrity and professionalism. Respectfully submitted, VUE Syed io anne Emiddio LOOCOWMS AI Attach: PLAIN RATIVE CC EXHIBIT pa PAGE _ ae OF exwgr S_ page_//

Docket for Case No: 03-003841PL