(H- [les / o Y oe “ay ia * as “y, STATE OF FLORIDA ae SS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ©. FLORIDA REAL ESTATE COMMISSION ees FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N? 200182370 ROBERT CRAIG THOMA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Robert Craig Thoma (“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 628448 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker with Top of Bay Realty, Inc., 11531 Cypress Reserve Drive, Tampa, Florida 33626. FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint 4. On or about August 15, 2000, Respondent entered into an exclusive listing agreement with Complainant. 5. On or about September 29, 2000, Respondent had Complainant sign a quit claim deed transferring ownership of said property to Respondent for one dollar. COUNT I Based upon the foregoing, Respondent is guilty of exercising influence on the client for the purpose of financial gain of the licensee or a third party in violation of Section 455.227(1)(n), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 6. Petitioner realleges and incorporated herein paragraphs One through Three above. 7. On or about October 4, 2000, Respondent entered into a contract for sale and purchase of said property with Terry Johnson. 8. Said contract called for the property to be leased with a monthly rent of $500.00 payable to Respondent. 9. Respondent collected a $1,500 deposit for said property from Johnson’s brother, Raulerson. 10. At all times material, Respondent failed to deposit escrow funds into an escrow account. 11. At all times material, Respondent did not prepare monthly reconciliation statements. COUNT IIE Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false 2 FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint promises, false pretenses, dishonest dealing by trick, scheme or device, 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 prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 12. Petitioner realleges and incorporated herein paragraphs One through Three above. 13. At all times material, Respondent indicated to Raulerson and Johnson that Respondent’s mother owned the residential property. COUNT IV Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. COUNT VI Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false 3 FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 14, Petitioner realleges and incorporated herein paragraphs One through Three above. 15. At all times material, Respondent informed Complainant that Complainant would receive the monthly rent. 16. Respondent failed to collect the monthly rent for the month of October, 2000. COUNT VII Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 17. Petitioner realleges and incorporated herein paragraphs One through Three above. 18. At all times material, Respondent has failed to return said deposit to Raulerson. COUNT VIII Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT IX Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. 4 FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 19. Petitioner realleges and incorporated herein paragraphs One through Three above. 20. At ali times material, Complainant wanted to move back into the residential property. 21. Atall times material, Respondent told Complainant that Complainant would have to pay Johnson $5,000 in order for Complainant to live in said property. 22. At all times material, Complainant paid Johnson $5,000 in order to move back into the property. COUNT X Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT XI Based upon the foregoing, Respondent ts guilty of exercising influence on the client for the purpose of financial gain of the licensee or a third party in violation of Section 455.227(1)(n), Florida Statutes. COUNT XII Based upon the foregoing, Respondent is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. or me ER A FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint COUNT Xl Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT XIV Based upon the foregoing, Respondent is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, 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 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 (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), 6 FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 Administrative Complaint 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 this _{} day of _Dece-her , 2003. é Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate - FILED “ePartment af p Division Of Rea} Olen: t Beinn» Mrressignal Estate FDBPR vs Robert Craig Thoma FDBPR Case N° 200182370 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: NM/HF 12/03 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. 8

Docket for Case No: 04-001657PL