LYASE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS 4. AND PROFESSIONAL REGULATION, ; : “> DIVISION OF REAL ESTATE, ‘ ca Petitioner, vs. FDBPR Case N° 2003047612 2003047616 STEPHEN WARREN BRITTON AND SOUTHERN STATES REALTY, P.A., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Stephen Warren Britton and Southern States Realty, P.A. (“Respondents”) 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 Stephen Warren Britton is and was at all times material hereto a licensed Florida real estate broker, issued license number 3009075 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive broker at 631 NE Sharen Circle, Port Charlotte, Florida 33948. FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint 3. Respondent Southem States Realty, P.A. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1014288 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 2765 Tamiami Trail, Port Charlotte, Florida 33952. 4. On or about October 29, 2002, Respondent Stephen Warren Britton was the qualifying broker for Respondent, Southern States Realty, PA. A copy of the licensing record for Southern States Realty, P.A. is attached hereto and incorporated as Exhibit 1. 5. On or about October 29, 2002, Ann O’Connell (owner of property) entered into an Exclusive Property Management Agreement with Respondents to manage property located at 191 Cypress Avenue, Port Charlotte, Florida. (herein after refer to as subject property). A copy of the Agreement is attached hereto and incorporated herein as Exhibit 2.° 6. Tenant, Alexander Molitor, (“Tenant”) and Respondent Corporation, (“Landlord’s Agent”) entered into a one-year residential lease at $800.00 rent per month for the subject property to start on December 1, 2002 and terminate on November 30, 2003. A copy of the lease is attached hereto and incorporated herein as Exhibit 3. 7. Onor about the week of November 17, 2002, prior to the lease commencement, and without the authorization of Ann O’Connel (“Owner”), Respondents allowed Tenant to move into the property. 8. On or about November 1, 2002, through December 1, 2002, Respondents entered into a lease agreement with Tenant and did not administer a credit check; secure tenant’s social security number, and driver’s license number, or collect a security deposit from Tenant. 9. At all times material, Respondents, were culpably negligent when rendering services as property manager to O’Connell. FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint 10. On or during the month of January 2003, Respondents, deducted from payment due to O’Connell, the amount of $65.00 for yard work on rental properties without evidence or receipt of the expense being incurred. A copy of the statement is attached hereto and incorporated as Exhibit 4. 11. On or about February 18, 2003, Respondents issued check #1386 for the amount of $79.37 payable to O’Connell, for payment of rent collected for the month of February 2003. 12. At all times material, Respondent failed to account and deliver fund owed to O’Connell, when Check #1386 issued by Respondents, for the amount of $79.37, payable to O’Connell was returned by the bank for insufficient funds. A copy of the check is attached hereto and incorporated as Exhibit 5. 13. On or about November 26, 2002, Respondent, received a security deposit of $1400, from Tenant. 14. On or about February 13, 2003, Respondent, received rent payment, for $820, from Tenant. 15. At all times material, Respondent, did not deposit rent payments into an escrow account. 16. At all times material, Respondent did not disburse monies related to the property from an escrow account. 17. Atall times material, Respondent, commingled monies received for rental payments on the property with Respondents’ personal funds in their operating account. 18. At all times material, Respondent, made payments related to the property from Respondent’s operating account. A copy of the checks is attached hereto and incorporated as Exhibit 6. COUNT I Based upon the foregoing, Respondent Stephen Warren Britton is guilty of culpable negligence, FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint 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 Stephen Warren Britton is guilty of violating a duty imposed by law in violation of Section 475.25(1)(b), Florida Statutes. COUNT I Based upon the foregoing, Respondent Stephen Warren Britton is guilty of failure to account or deliver to Ann O’Connell personal property such as money, deposit or funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT IV Based upon the foregoing, Respondent Stephen Warren Britton is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT V Based upon the foregoing, Respondent Stephen Warren Britton is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Southern States Realty, P.A. is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Southern States Realty, P.A. is guilty of failure to FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint account or deliver to Ann O’Connell personal property such as money, deposit or funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT VII Based upon the foregoing, Respondent Southern States Realty, P.A. is guilty of having violated a provision of this Chapter or a lawful order or rule made or issued under the provision of Chapter 475 or Chapter 455, Florida Statutes. COUNT IX Based upon the foregoing, Respondent Southern States Realty, P.A. is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT X Based upon the foregoing, Respondent Southern States Realty, P.A. is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, 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 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 FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint 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. Stephen Warren Britton Case No. 2003047612 Administrative Complaint SIGNED this__\A day of eb c Vary , 2004. Ser Sct Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 0318360 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 AS/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 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. FDBPR v. Stephen Warren Britton Case No. 2003047612 Administrative Complaint 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. STATE OF FLORIDA OQ: ae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ¥ a My S hy ” ‘> Morita Fulure.., RightHere. MEMORANDUM e Right Now. TO: A. SANTANA, SENIOR ATTORNEY Jeb Bush we Governor FROM: DIANA DAYTON, REGULATORY SUPERVISOR veeorary SUBJECT: STEPHEN WARREN BRITTON and SOUTHERN STATES REALTY, PA Division of Real Estate 400 West Robinson Street DATE: AUGUST 12, 2003 Suite N308 Orlando, Florida In accordance with your request of July 15, 2003, enclosed please sB00N 772 find requested certification of records for the above subject(s). VOICE 407.245.0800 FAX 407.317.7245 EMAIL DRE @dbpr.state.fl.us INTERNET www. myflorida.com ADMINISTRATIVE COMPLAINT EXHIBIT dh. florida fulore... t ere STATE OF FLORIDA * DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION RightNow. Jeb Bush, Governor Diane Carr, Secretary ie CERTIFICATION i, JASON STEELE, DIRECTOR OF THE DIVISION OF REAL ESTATE, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ACCORDING TO THE FILES AND RECORDS MAINTAINED BY THE RECORDS SECTION WHICH ARE WITHIN MY CUSTODY AND CONTROL, HEREBY CERTIFY: STEPHEN WARREN BRITTON, Broker License #BK-3009075 that from April 18, 2002 through June 9, 2003 he was an active broker/officer of Southern States Realty, PA, a broker corporation located at 2765 Tamiami Trail, Port Charlotte, Florida 33952. that from June 10, 2003 through the present he has been an inactive broker. SOUTHERN STATES REALTY, PA, Registration #CQ-1014288 that from April 18, 2002 through June 9, 2003 it was an active real estate broker corporation located at 2765! Tamiami Trail, Port Charlotte, Florida 33952. Its corporate brokers were as follows; Donald L. Cramer 04/18/2002 through 10/31/2002 Stephen Warren Britton 04/18/2002 through 06/09/2003 that on June 10, 2003 its licensure authority was voided due to no qualifying broker. Certified at Orlando, Florida this 12° day of August 2003. Jason Steele, Director Division of Real Estate ATTEST: a Diana Dayton, Re Operation Support Unit A DMINISTRATIVe nr INTE COMPLAI EXHIBIT #_) CNT wena, PAGE 2 MAR 14 2883 89:45 FR QNPM WARREN MI 818 492 5959 TO 914073177245 P.16-19 °C ey ur UnrzZop Southern States Realty 9416276604 p.ad Southern States Realty, PA. 2765 Tamiami Trail, Sute 8 Port Charictte, Florida 33952 Tel 841-627-4848 / Fax 841-627-6604 erty Management ("Agre oO o a ement’) is between WLC AWNEN Sere pyr pete Sherr, 5S , : Qwner gives Broker the EXCLUSIVE RIN © MANAGE the real and personal iow beginningthe_- /_—sday of_Y lL", , 2202, and ending at except that either party may terminate this Agreement by giving other party by certified mall, Owner certifies and represents that he/she has the legal and improvements. ress ¥ “oC EL B3RS2 dum , Legal Description of Real Property. 3 ~™ (b) Legal Description: Cj See Addi SSA (6) Boreonal Property, including appliances: O See Addendum , Inventory. Oy pliances oy (4) Type of Property (single tamily home, warehouse, ete): i “8 e. aS Dron : [yy _____. {9} Occupancy; Property 2 Is of is hat currently occupied by a tenant. If occupied, the lease term expires isive Property Management Acreement POS 2SSOCIANON OF REALTORS: ("Owner") and Broker") 1. AUTHORITY 76 MANAGE PROPER property (collectively "Property*) des: _ 14:59 p.m, the day of calendar days written notice to authority and capacity to lease the Prope 2. DESCRIPTION OF PROPERTY: (a) Real Property: Street Address: 3. BROKER OBLIGATIONS AND AUTHORITY: Broker will use due diligence to manage, operate and lease the Property in accordance with this Agreement. (a) TepSnt Matters: Owner authorizes Broxer to (check if iembla): . Secure a tenant for the Property, see Addendum Exclusive Right to Lease Agreement, am! Enter into a lease/contract to lease on Owner's behalf (Owner must execute special power of attorney). ai gore and sigh the lwad-based painthhazards certification on Owner's behalf (for Property built befare 1978). Manage tenant relations, including negotiating renewals of existing leases; collecting, holding and disbursing rents and other amounts due or to become due to Gumer, handling tenant requests and negotiations; terminating tenancies and signing and serving appropriate natices on behalf of Owner; initiating and prosecuting eviction and damages actions on behalf of Owner: and procuring legal counsel when necessary to protect Owner's interests and rights in connection with the Property. derstands that Florida taw requires licensed professionals in the construction trades to perties unless the repairs can be made for under $1,000 and are nat of a life/safety Inds that when Broker acts as the Owner's agent Florida law provides the Broker = may laling or improvernent of the Property with « cértified of registered contractor when $5,000. Subject to these limitations set by law, Owner authorizes Broker to (check labor and materials together do not if sap Maintain and repair interior, exterior and landscaping of Property, including making periadic inspections; purchasing supplies; and supervising aterations, modemjzation a “ne of Property. Broker will obtain prior approval of Owner for any item or service In excess of spl i h £ , except fer monthly or recurting expenses and emergency tepairs which, in Broker's opinidn aren ry ta prevent the Property from becoming uninhabitable or fina to avoid cuspeneion lof services required to be provided by law or tease, or to avoid penalties or fines to be Im E (b) Property Maintenance: Owner u Perforn relevant fepairs on rental p concem. Additionally, Owner und. contract for repairs, maintenance, posed by a governmental A ter into contracts on Owner's behaff for utililies, public services, meintenanee, repairs and other services as Broker feems advisable, Hire, discharge and supervise alt labor and employees required fer the operation and maintenance of the Proparty, and to aftange for bonding for employees who will handle cash on behalf of Owner and Broker. ALTA EPUS Rev. 1001 © 2001 Fioids Assocation of AEALTORE® AllRights Reserved Page 103 STAR Livermed to Alta Star. User Ragat 1444759, and Adtias Formurting © 2001 Alta Siar Sofware, inc. All Ughts Rewerved. (305) 278288 Torteaer ADMINISTRATIVE COMPLAINT | EXMIEIT ge sane UF ms aie tee || MAR: 14 2863 89:45 FR GNPM WARREN MI 818 492 5998 TO 914873177245 P.1i7718 fe eee eee eee woIsvecwuuT p.d ( Make payments on Owner's behalf, Including (check all thet apply): O mortgage §. Q insurance $ O property taxes $. and special assessments as je. O condominium or homeownefs' association dues $. per to and asseasments a5 made, - Charges for repairs, materials, equipment. labor and attorneys’ fees and costs. he state and local sales and sefvice taxes. Maintain accurate records of receipts, expenses and accruals to Owner in canppetpr with managing the Property. per te Broker will render to Owner temized| financial statements (how often) __ #776 ba and will promptly remit ta Qwner the balance of recaipts lass disbursements and accruals for future expefses. — Other Duties: Sea Addendum entitied 4. OWNER OBLIGATIONS: In consideration of the obligations of Broker, Owner agrees: (a) To Cooperate with Broker in carrying out the purpose of this Agreement. (b) Te provide Broker with the following keys to the Property (specify number): unit / building access / mailbox / poot f garage di opener Potter (c) To provide complete and accurate information to Broker including disclosing all known facts that materially affect the value of the Praperty (see Addendum . Entities ). Hf the Property was bullt in 1977 or earlier, Qwner will provide Broker with all information Qwner knows about lead-based paint and lsad-based paint hazards in the Property and with all available di ents pertaining to such paint and hazards, as required by federal aw. Owner understands that the law requires the provision of this information to Broker and to prospective tenants before the tenants become obligated to lease the Property, Owner acknowledges that Broker will rely on Owner's representations regarding the Property when dealing with prospectiveitenants. (d) To carry, at Owner's sole expense! public liability, property damage and worker's compensation insurance adequate to protect the interests of Owner and B: ker. Sald insurance will name both Braker and Owner as Insured parties, and will specifically cover the indemnity and hald hermiess provision of subparagraph 4(h). Broker will not be liable for any error of judgment or mistake of law or fact or fof any loss Caused by Broker’s negligence, except whun the loss is caused by Broker's wiliful misconduct or gross negligence. er will carry insurance as follows: (1) Perils of fire, lighting, wind, hall, explosion, smoke, riot, alrcraft, vehicles, vandalism, and burglary on the contents of the Property in the atnount of $ (2) "At Risk’ protection on the building in the amount of § , and on rental income in the amount of $s (3) ability for personal injury and prpperty damage in the amount of $_ |O © ood ($500,000-minimum), (e) To infarm Broker before conveying jor ieasing the Property. (f Upon termination of this Agreernent| to assume obligations of all cantracts that Brokerentered into on Gwner’s behalf. (g) To pay all ¢mounts billed by Broker for authorized expenditures within J@_ calendar days after written notice of the expense is placed in the mail by Broker. If Owner fails to promptly reimbulze Broker,'Owner authorizes Broker to reimburse Itself out of rents collected, {f applicable, {h) To Indemnity and bold harmless Broker and Broker's officers, directors, agents and employees from all claims, demands, causes of action, costs and expenses, jincluding reasonable attomeys' faes af all levels, and from liability to any person, to the extent baged on (1) Owner's misstatement, negligence, action, inaction or failure to perform the obligations of this comtract or any lease of agreement with a vendor, (2) the edstence of undisclosed material facts about the Property: (3) Brokers perfarmance, at Owners request, of any task beyond the scope of services regulated by Chapter 475, F.S., as arnended, including Broker's referral, racarnmendation ar retention of any vendor, or {@) services or products provided and expenses incurred by any vendor. This subparagtaph will survive Broker's performance and the transter of title. (l) To reasonably inspect the Property before allowing the tenant to take possession and ta make the repairs necossary to transfer a reasonably safe dweiling unite the tenant. . {j} To exercise reasonable care to repair dangerous defective canditians upon natice of their existence by the tenant, after the tenant takes possession. 5. COMPENSATION: Owner agrees to compensate Broker as follows, plus any applicable taxes on Broker's services: {a) For securing a tenant, see Addendum Exclusive Right to Lease Agreement. (b) For Papas tenant relations, & fee af. : A % of the gross Kee a / EG __%ofrent dueln each rental period os. piyer - The above fer is to be pais (wnen| how) o (¢) For managing the Property, a fee of: o to be paid (when, how) Go. ‘ of rant due in each (ental period ta be paid (when, how) : Clother {d) For supervising ons, mademization, redecorating, of fepairs above and beyond normal refurbishment of the Property, ; o fos per hour OR Cy. to be paid (when, ow, (e) Other: (]See Addendum 7 COMPLAINT EPM.S Rev, 1001 © 2001 Fievids Astedistion LTORE® All Rights Raxened Pase2ets EYL 217 i Licontert to Alta Star. User Rage: 1444150, Saftvere ed Addie! Kermsting & 2901 Rita Seat Bette, The A hate | r Per ete? I mene ck MAR -14 2303 @9:46 FR GNPM WARREN MI 8198 492 5998 TO 9148735177245 P.16/18 geo Vs COP PVUVENEIN SLATES REGLItY awice /ObU+ p.4 (ire RESOLUTION: This Agreement will be construed under Florida faw. All disputes between Broker and Qwner based bi ‘Agreement or its breach will ba mediated under the rutes ef the American Arbitration Ascoelation or other medistor agreed fin by the parties. Mediation Is # in which parties atiempt to resolve a dispute by submitting it to. an impartial mediator £- facilitates the resolution af the dispute but wha is not empowered to impose a settlement on the parties. The parties will aquvlly divide the mediation fee, if any. I any litigation based on this Agreement, the prevailing party will be entitied to recover reasonable attomeys’ fees and costs at all/levels, unless the ggrties agree that disputes will be settled by arbitration as follows: Arbitration: By iniialing in the space provided, Owner (= _). Listing Ageooiate (=~ ) and Listing Broker: ) agree that disputes not resolved by mediation will be by neutral binding arbitration in the county in which the Property Is lseated in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. The arbitrator may not alter the Contract tetms. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses| including sttorneys' fees at all levels, and will equally split the arbitrators’ fees and administrative fees of arbitratlan. 7, ATTORNEYS' FEES: In any action escrow agent under this Agreement, or if costs, to be paid out of the escrowed fun 8. MISCELLANEOUS. ‘This Agreement successors and assigns. Signatures, communicated electronically or on paper rm n Owner and a tenant in which Broker is made a party because of acting as 6h roker interpleads escrowed funds, Broker will recover reasonable attorneys’ fees and and charged and awarded us court costs In favor of the prevailing party. 2 binding on Broker's and Owner's heirs, personal representatives, administrators, tials, documents referenced in this Agreement, counterparts and modifications - fll be acceptable for all purposes and will be binding. 9. ADDITIONAL CLAUSES: Broker advises Owner to consult an appropriate professional for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice. anno. @aal-tpm a one: Ef 27/7 2 Authotized Licensee or Broker: Horne Telephone: & Address: Emalt: Gopy retumed to Owner on the SLA ‘The Florida damncistion of Rooutors ard ieee! Beard/Amtocietion of Repitory male no rpreaentytion en to the tegal validity or adequacy of any provision of this form in any specie traneaction. Thic form je avaitabla fer une by the entire feat estate industry and ic not intended to kerttiy the user eo» Reakoy, Anelter is « ragisterod eolectve memberchip mark thal may be wedi only by rea! astale hoermass who are Inembers of the Nations! Assocation of Restora and whe subscribe to ke Code of Ethics. ‘The engyright lag of the United States (17 U.S. Code) fnrtve tne unauthorized reproduction of blank Ierme by ery means including facakriie of computurzad forms. ADMINISTRATIVE COMPLAINT MAR 14 2003 09:44 FR ONPM WARREN MI G18 =92 5996 TO 914073177245 P.13/18 Nov 27 G2 02:28a Southern states kealty = d4#io¢ /poun hee ta) eee CMe me = =» Southem States Realty, PA. HOME AND DUPLEX 2765 Tamiami Trail, Sulte 8! : FLORIDA ASSOCIATION OF REALTORS® Port Chai e, Florida 33962 : i. . . : " b Tel 941-627-4848 ‘Fax 841-627-6004 (FOR ATERM NOT To 9 excedv ONE YEAR}"” A BOX (1]) OR A BLANK SPACE ( } INCICATES A PROVISION jiere A CHOICE OR 2 DECISION Must SE MADE BY THE PARTIES ' | THE LEASE IMPOSES IMPORTANT LEGAL ORLIGATIONS, MANY: RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART Ii, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. UPON REQUEST, THE LANOLORD SHALL PROVIDE A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT TO THE TENANT{S). 4. PARTIES. This is a lease ("the Lease!') between fone Se (“Lanclord") and ("Tenant") (name(s) of person(s) ta whom the property is leased) | 2. PROPERTY RENTED. Landlord leases to Tenant the land and buitinp located at VC et address)| lorida 33 sid ! [zip code) { together with the following fumiture and appliances {List all furniture ahd appilances. If none, wsite “none.”] (in the Lease the Property teased, inciuding furniture and appliances, if any, is called “the Aremises.”): mnge, OOD, Washer | Hee POUBWe NS Tne Premises shall be occupied onty by fhe Tenant and the following pertons: 3. TERM. This is a lease for a term, not ko exceed twelve months, beginning en | {month, day, year] and ending \ | l 306 Le > {the “Lease Term"), {month, day. year} 4. RENT PAYMENTS, TAXES AND CHARGES. Tenant snail pay total ee In the amount of §. RO f = _ (excluding taxes) for the Lease Term. The rent shall be payable by ai in advance - J in installments. fin install rent shall be payable bf menthly. on the —— day of each month. (if left blank, on the first day of each month.) wf weekly, on the ET : _ Day of each week. (!f left blank. ori Monday of each h week.) in the amount of S. : er installment. oo! <3 In fulton in the amount of $ : a ; (date) ' moet Tenant shail algo be abligated to pay taxes on the tent when applicable ne amount ot 5. ‘4 with each rent installment .} with the rent for the full term of the Lease, Landlord will natify Tenant tt the amount of the tax changes. | : Payment Summary . ' . . J If rent is patd In instalments, the foral Payment per installment ewiog taxes shall ba in *pptmount or$ Ad Ifrentis paid in full, ‘the total payment inciuding taxes shall be i ia the amount ot 1s OS _. handler ( J and Tenant (. a 3 acknowledge areeig of ofa copy of this page which is Page 1 of & ALTA Approved for use uniter mite 30-7 118) RifletRequiating The Fisnda Bar Li TOARS Star User Regt 144418R : STAR Sofivare and Added Formatting ©2000 sar Software, Ine, All Rights Reserved (305) 279-3898 : Tovswraur AB} EXH bi PAGE — i MAR 14 2843 @9:44 FR GNPM er Ve Vee een uM ts, shall be payabl: t Ove (addres P.14/18 ae 818 492 5998 TO 914873177245 wrevc uur HARREN MI (Tre weeueEm NES.“ J it the tenancy starts on a day othed than the first day of the month jor: -week as designated above, the rent stall be prorated trom . . ONAL trough N [he in the amount of 3 yA and (date) shall be due on ‘ {date} (date) . (if rent paid monthly, marate on a 30 day month, } Tenant shall make rant payments required under the Lease by {choose all applicable} ao cash, ~yhersonal check, 1) money order, _} cashier's check. of <) other payment is accepted by eny means cthei money order, cashier's check or official (specify). If than cash, payment is not considered made until the other instrument is collected. ank check ar cash or other (specify) OS If Tenant makes 2 rent payment with a a cneck, Landlord can require Tenant vA to pay all future payments by of and & to pay bad check fees in the am Statutes section 68.065). unt of $ (not to excen the amount prescribed by Florida 5, MONEY QUE PRIOR TO OCCUPANTY. Yenant shall pay the cum dt $_) bOC in accordance with this Paragraph prior to occupying the Premises. Tenant shall not be entitled to mbva in or to keys to the Premises until ali money due prior to occupancy has been paid, | no date is specified below, then/ funds shat! be due prior to tenant accupency. Any funds designated in this paragraph dué after occupancy, shall be paid accordin ly. Any funds due under this paragraph shall be payable to Landlord at Landlord's addres, orto Ee at (address) First af month's 11 week's rant plus applicable taxes $, CG" Prorated rent plus applicable taxes 4 ‘ due Advance rent for 23 Month '4 week of plys applicable texes Last Security deposit Additional security deposit Security deposit for homeowner's association Other Other month’s :7) week's rant plus applicable taxes 6. LATE FEES. (Complete if applicable) |in additlon to rent, Tenant shall pay a tate charge in the amount of S$. 2 for fa (oy for each rent payment made > By days after the day it is due (if left blank, $ days if rent is paid monthly, 1 day if rent is paid weekly). 7. PETS. Tenant _) may wy may not Paragraph are permitted on the Premise i eep pets or animals on the Premises. {1 Tanant may keep pets, the pets described in this i (Specify number of pets, type(s), breed, maximum adult weight of pets.) i “8. NOTICES. Agent, Aj notices must be tent to: ‘J Landiord . i V, is Landiord’s waa ( ) and Tenant 5 { = acknowledge recel . BRE yeaa ar atting © 2000 “(addtess} ; of a copy, of this page which i Page 2076 aa Aro Sta vernedt aaers. . Star Software, Inc. @. (908) 2 27! MAR-14 2083 @9:45 FR GNPM LIGRREN MI 818 492 5998 TO 314873177245 P.15-18 Nov 27 G2 U2:239a souepern states Reaity : Bi beveousr Ped unless Landlord gives Tenant written not co of a change. All noticas of subh names and ‘adeebues or charg therata shail be delivered to the Tenant's residence or, if specified in writing by the Tenant, to arty other address. All notices: to the. ‘Landlord ofthe Landlord's Agent (whichever is specified above) shall be given by U.S, mi il or by harid delivery... Any notice to Tenant shail be given by US. mail or delivered ta Tenant at the Premises, lt Tenant‘ is absent fram the Premises, @ notice to Tenant may be given by leaving a copy of the notice at Premise$. . 9. UTILITIES. Tenant shall pay for all utilities services during the Lease e and connection charges ‘and deposits tor activating existing utility connections to.the Premises except for that Lendiord agrees ta provide at Landidrd’s expense. 10, MAINTENANCE. Landlord shal! be responsible for compliance re on 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated bel ru in each blank space v with "Landlord" for Landlord or “Tenant” for Tenant, if left blank, Landjord will be responsible for the he roofs __ ss rindows: screens steps floors porches __ exterior wails foundations plumbing structural components heating ___ Cot water running water Jocks and keys ___ electrical syst __ ee S00ling then smoke detection devices _____ o=garbage removal/outside teceptacies tena + extermination of rats, mice, __ extermination of wood- roaches, ants and bedbugs . destroying organisms te WOMT tawn/shrubbery pool/speshot tub water treatment Senet aa chan ceilings Tere! interior walis +2 rant filters (specity) Other (specify) Tenamt shall notify .--" at (address) ain fam ” and of maintenance and repair requests . (telephone number: 11, ASSIGNMENT. Tenant =} may ‘yT may not essign the lease or|sublease all or any part of the Premises without first obtaining the Landlord's written approvalland consent to the assignment gr sublease. 12, KEYS AND LOCKS. Landlord shall furnish Tenant Z—# of sets of keys to the dwelling ___# of mail box Keys # of garane door openers It there is a homeowners association, Tenant wili be provided with the following to access the association's common areas/facilities: # Of keys to # of remote controls to # of electronic cards to er At end of Lease Term, all items specified] in this Paragraph shall be returred to |. other (sperity) to ‘ (name) - at 27bo ‘lt . f ysa 2 (Wteft blank, Landlord at Landlord's address), {a dress) 13, LEAQD-BASED PAINT. |) Check and complete if the dwelling was bi it before January 1, 1978 ood Lead Warning Statement . : : Housing built before 1978 may contain jéad-based paint. Lead from pai . paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young childre! and pregnant women. Before renting pre-1976 housing, Lessors must disclose the presence of known iead-based paint and/or jead-besed paint hazards In the dwalling. Lessees must also receive oe federally approved pamph et on lead poisoning prevention. Landlo ){ ) and Tenant { ) acknowledge receip ofa copy 0 or this page whieh is Page 3of6 ALTA RUDD 1000 Approved for unc undior 1ule 10-2. (a) bf The Rutca Reguidling The Flonda Bar.’ L fo Ala Gtav. ela 1444189 Software and Added Formatting ©2000 Star Software, Ine. All Rights Re: jerved. ms) 279-8498 . Tartwae! © Apr 18 03 08:49a 9416276604 p.4 January 2003 375.00 82.60 42.19 (coro Rooter - Cleaned septic drain field and repaired septic distribution box. Check #1427, | thought Ann paid bill by credit card but they could not take credit card so I paid the bill. @rw’s Plumbing - Checked drains inside the house to try and alleviate septic backup. Check #1373 2/12/03. Q)charlotte County Utilities - Water bill - I received on urgent notice to pay the monthly bill. Because of all the ongoing problems at the house I paid the bill. Check #1374 2/12/03. (Tom Sheehan - Yard work - Trash removal. Check #1359 (Spme Corey - Install new gravel around lanai. Fix bathroom recepticle. Check #1352 1/9/03. (Dove Corey - This amount was double billed. I re-paid Ann this amount when I replaced returned check #1386 for 79.37. 79.37 Cashiers check # 00013888 17.92 97.29 7. Southem States Realty - Management fee 820.00 Rent & late fee 740.63 79.37 sent to Ann AHIBIT 4 Y Pace EXHIBIT Tome lo 7 Apr 17 Q3 O1:15p 9416276604 ~~ nor CHARLOTTE STATE BANK G3 Sn 00013888 REMITTER PORT CHARLOTTE, Fl 33953 eo 191RETE Seuthern States dealty, 2A. . DATE Rene “248s PAY TO THE, onven or! _* * Ann O'Connell % 4 ft + #4 ye 4 ey ee ae S57, 290 ome oe ' DOLLARS TIL FAT Fe > >, . : Fy . . oo? 3 DEFICIAL CHECK A __ . Bere tke ° cS SOUTHERN Eran g REALTY, BA 386 ait Sc Da , vista NSF UR ESS OTHER. s43E MARKE”- wf, ewrOr wat merry 22] Oe. s 4 QSSTALEDATED ADIMMISTRAT VE COMPLA! exMipiT yo 5 PAGE VE COMPLAINT exniait___/_. PAGE 1b _ Apr 17 63 12:57p 2416276604 p.7 Charlotte State Bank ae PA 02/11/03 =f73/¢, eo¢iog3? oz Sm PAS ca 02/13/03 EXE: 90.0 y ~ TAZ To 01/02/03 $308.68 _ PAGE | - —_ EXHIBIT pace (p4

Docket for Case No: 04-001158