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