Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: GARY F. QUEEN
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Inverness, Florida
Filed: Mar. 15, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 26, 2004.
Latest Update: Nov. 05, 2024
STATE OF FLORIDA " .
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 4,
FLORIDA REAL ESTATE COMMISSION . _ &
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE,
Petitioner,
vs. FDBPR Case N° 2003072792
GARY F. QUEEN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real Estate
(‘Petitioner’) files this Administrative Complaint against Gary F. Queen (“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 broker,
issued license number 363099 in accordance with Chapter 475 of the Florida Statutes.
3. The last license issued was as a broker at Queen Realty, Inc., 3315 S. Highgate Point,
Inverness, Florida 34452,
4. At all times material, Respondent was the President of Carrollwood Development
Corporation.
FDBPR v. Gary F. Queen Case No. 2003072792
Administrative Complaint
5. At all times material, Carrollwood Development Corp. was not a licensed real estate
brokerage.
6. At times relevant Carrollwood Development Corp. employed Dedra D. Davis, Lynn
Taylor, Terry Thompson, Donna Johnson, Carolyn Cooper and others as unlicensed sales associates
to sell real estate to the public.
7. Carrollwood Development Corp. paid the above-described unlicensed sales associates a
commission or other compensation strictly on a transactional basis.
8. Carrollwood Development Corp. paid each unlicensed sale associate a commission of
$500 for each sale of a new construction home, $250 for the sale of each model home, and $100 for
the sale of each lot.
9. Respondent Gary F. Queen aided, assisted, procured, employed or advised the unlicensed
salespersons listed above to practice as unlicensed real estate sales associates in violation of Florida
Statutes Chapter 475.
COUNT I
Based upon the foregoing, Respondent is guilty of aiding, assisting, procuring, employing, or
advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the
rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.
COUNT II
Based upon the foregoing, Respondent is guilty of failure to ensure sales associates are holders
of current registration with the Petitioner in violation of Rule 61J2-5.019(1) of the Florida
Administrative Code and, therefore, in violation of Section 475.25(1)(©), Flonda Statutes.
WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the
FDBPR v. Gary F. Queen Case No. 2003072792
Administrative Complaint
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
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. Gary F. Queen Case No. 2003072792
Administrative Complaint
SIGNED this__\4 day of Febtooy, 2004.
SZ, Sle L-
Department of Business and
Professional Regulation
By: Jason Steele
Director, Division of Real Estate
a ae
Darlo
ATTORNEY FOR PETITIONER
Alpheus C. Parsons, Senior Attorney
Florida Bar N° 0607721
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
ACP/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
FDBPR v. Gary F. Queen Case No. 2003072792
Administrative Complaint
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.
DATE:
TO:
FR:
SUBJECT:
MEMORANDUM
February 18, 2004
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION‘
DIVISION OF REAL ESTATE, LEGAL SECTION
PROBABLE CAUSE PANEL, REAL ESTATE COMMISSION
Gary Queen 2003072792
DATE OF PROBABLE CAUSE PANEL MEETING: 2/18/04
MEMBERS OF PANEL AT THIS MEETING: Poul Hornsleth
Bob Beals
I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED THE
INVESTIGATIVE FILE IN THE ABOVE REFERENCED
CASE AND BY AFFIXING MY INITIALS HERETO
INDICATE MY VOTE.
FINDING PROBABLE CAUSE AND THUS TO PROCEED
WITH ADMINISTRATIVE/INJUNCTIVE ACTION IN
ACCORDANCE WITH THE PROPOSED ADMINISTRATIVE
COMPLAINT/CLOSING ORDER/MEMO.
Loe
Chairman ~ Member
Docket for Case No: 04-000867PL
Issue Date |
Proceedings |
May 26, 2004 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
May 26, 2004 |
Order Closing File. CASE CLOSED.
|
Mar. 31, 2004 |
Petitioner`s Notice of Service of Petitioner`s First Request for Admissions and Petitioner`s First Interrogatories and Petitioner`s First Request for Production (filed via facsimile).
|
Mar. 30, 2004 |
Respondent`s First Interrogatories to Petitioner, Florida Department of Business and Professional Regulation, Division of Real Estate filed.
|
Mar. 30, 2004 |
Respondent`s First Request for Production of Documents to Petitioner, Department of Business and Professional Regulation, Division of Real Estate filed.
|
Mar. 30, 2004 |
Order of Pre-hearing Instructions.
|
Mar. 30, 2004 |
Notice of Hearing (hearing set for June 1, 2004; 10:15 a.m.; Inverness, FL).
|
Mar. 15, 2004 |
Election of Rights filed.
|
Mar. 15, 2004 |
Administrative Complaint filed.
|
Mar. 15, 2004 |
Agency referral filed.
|
Mar. 15, 2004 |
Initial Order.
|