2 a STATE OF FLORIDA me PBL OR 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° 2002003472 2002001993 LYNN J. RHINEHART, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Lynn J. Rhinehart (“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 tules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 3009599 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker with Sellstate 1* Choice Realty, Inc., 1340 Cape Coral Parkway East, Cape Coral, Florida 33904. FDBPR v. Lynn Rhinehart Case No. 2002003472 Administrative Complaint 4. On or about February 13, 2002, Respondent’s broker, Re/Max Downtown (“Re/Max”), had an existing exclusive listing agreement with Roy and Deanna Barker (“Sellers”) regarding real property located in Florida. 5. Pursuant to the agreement, Re/Max maintained an advertisement of the property on a multiple listing service (“MLS”). 6. On or about February 13, 2002, without the authorization of Sellers, Respondent affixed a signature purporting to be the signature of Sellers to a document authorizing Sellers MLS listing to be withdrawn from the MLS. A copy of the document is attached and incorporated as Administrative Complaint Exhibit 1. 7. At all times material, Sellers did not consent to withdrawing the listing from the MLS. 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. COUNT II 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. 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 FDBPR v. Lynn Rhinehart Case No. 2002003472 Administrative Complaint 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 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. FDBPR v. Lynn Rhinehart Case No. 2002003472 Administrative Complaint SIGNED this \Q__dayof Hebrua, , 2004, Dek Department of Business and Professional Regulation By: Jason Steele 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 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: BB/PH 2/04 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 FDBPR v. Lynn Rhinehart Case No. 2002003472 Administrative Complaint 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. Je UNL FST EPM KES MAATUN TUM S41 9d BouU FLORIDA GULF COAS | UALABASE STATUS CHANGE + Input Sheot . rr rc rr ny-ondy reo Thus Torin ¢ mut purpoas and must be weed 10 report Boy 71 te fokumtny charges tin xing. 4. Prion 4 Withdrawal 7. Sale Cored 2 Exenon & Teamoate 3. Back on Market Sale Pending CHANGES MUST DR REPORTED WITHWN 72 HOURS. Sectlon A mus! always ba completad eattraly oF toe fornt mill be retuned, In oddkion, when Selections N anYor Care conipletad, Ue appropiate signelures are required of fra form wik be reluyned. SECTION A . ‘Bysat gar SECTION B Use thi section to report changes, corrections or oxtenslons. Check the eppropitaty bax fo denote ype of changa and computa conespunuing blanks, 1 1.) Price Ghauga Prosent Price § MPSpee te tg Pitcas must be signed by at parties to Oho offing! Beting conupc, How Ligh Priog: 23 Ealensian of Expiration Date Ligling (Statue E) ‘Ustog Agreament cated 2, je ecended wits "AD: | t ‘wih all Clhet conttcdt in The OAH] EFPOTIOR OF Bubs oqUETK chongey to remeN Ver rene Unfss Cinernta xpoctied on Vile torr, (Must be filed PRIOR fo amplration of original Beting and eqynad by 84 perties to Oriel CorRIBOL ILnoteR he receded Alar euptraton, a new beling tos apples 3 LuBack on Market (talus B) OP $i pom ll (i exptred, caw doling rruat be airaad WAI fea). Now Ust Prog Sack on Martel Deter 4 Mewndron Listing from MLB, (Status ) romn le h di DR . (an ormwals must be vlgned by all pasties % original hinting sentra Withdrawn Date ‘The patios agree thu the property aha be wijiemen from Ure niaiket 0 eng lt pocold ance Sef Ur wentine for property windrewel ey cortginad in the Pa¥ng egrewnerd batwaah them. Puseuanl fo a forepceg, fre Gear Ungelyncs ¥iat 9 gore not coneiiuls a kerrninetion of me eling ogeemant A COmumisr on shell 09 Var REALTORS® nobritistanving Ux property ythdfenved, X lve Orman sntery Inte a Treneocton sutng the Ualing parted of pectadton ported, ae sppitcoble, ne sat fori ws ihe Weling egreecony 5 Lu Terminate Listing from M.S, (Status T) “OND: Libris SECTION C Ure thie Seton lo report propertiox leaving the Active Maikot, . Check the appropriate box (0 denole lype of change and complete tie dats, Uroker's vignalurs requirmd, . QOPMG oie of cltyor prs) 5 LuPending Sate (6tswe P) — *POLDAYE a afi yy GFLGi Dove avn ea Panding Nala Ton of Contingency war Patty Approve! I Listing Onion NOG-H0 Conga ney 6 1) Clooed Sale (Status C) *PO_DATE: aif fey *80! Pending Dake Selling Amica 1D FUN: . era AA FOP BAG htt Lesh ele babel FUND ytd Setting Agent IO Type of Finaqctagtold Terma Gove Dag na ASOU-Assurosen MSR Modelo aK "SP GAGK tt ot RAN, Deyrark ‘Salv Glow Soting Apont I 7 LSE “Leave Purchace PS: Ly Pointed Pea Rind 7 La Rantoss (Statue R) . ee a RENT Ps "BAG: rt Leta For Property type 810i Only Rathad Cala” Ranled Price Sallag Again 1D 8 |_sLoase Option (Status L) *PD_DATE:La s/s lia “EP; ane Paring Datt Sola Pros Seller's Signature Brokor’e Signature, Ustng Saloamen) owe 02 Lb LO ne ECIEIED o12a404 \ de rok authesye> Sh uaithdriawk A, Chea 104 : t ‘ 6 As Kine) poor, Aha use ¢ oer Ag nce 4 Aa UCR. is Syne he USTRATIVE COMPLAINT. EXHIBIT #_[- Exar t ; / 5E a 1 ur EXHIBIT i PAGE 3 5 ?-—

Docket for Case No: 04-000808PL