Ou ROY -8 PAZ: 04 STATE OF FLORIDA _ _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | =... FLORIDA REAL ESTATE COMMISSION a FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, 0 u| U C U U P L vs. FDBPR Case N° 2003086293 CALVIN H. SWEETING, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Calvin H. Sweeting (“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 was at all times material hereto a licensed Florida real estate sales associate, issued license number 190845 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker associate with Progressive Real Estate 2000, Inc., 16921 NE 6" Street, Miami, Florida 33162. FDBPR vs Calvin Hamilton Sweeting FDBPR Case N° 2003086293 Administrative Complaint 4. On or about July 25, 2002, Respondent submitted to Petitioner an application for licensure as areal estate broker associate. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a swom affidavit which stated: The above named, and undersigned, applicant for licensure as real estate sales associate under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever[.] 6. The question on the application relating to a criminal background asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld.” 7. To the question on the application relating to criminal background, Respondent replied “No.” §. In reliance upon Respondent’s application, Petitioner issued a real estate sales associate’s license to Respondent. 9. Respondent failed to disclose that on or about November 13, 1983, in the court of Miami- Dade County, Florida, Respondent was found guilty of damage property-criminal mischief. A copy of the certified court documents is attached hereto and incorporated herein as Administrative FDBPR vs Calvin Hamilton Sweeting FDBPR Case N° 2003086293 Administrative Complaint Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m), Florida Statutes. COUNT II Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2) of the Florida Administrative Code 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 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 FDBPR vs Calvin Hamilton Sweeting FDBPR Case N° 2003086293 Administrative Complaint 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 (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this 23. day of Bugs ek , 2004, Cpe of Business and Professional Regulation By: Director, Division of Real Estate om Ft, <4 . ‘ he € 4 ag oa et ch toy 8 Fivt2: 4 FDBPR vs Calvin Hamilton Sweeting FDBPR Case N° 2003086293 _ Administrative Complaint , = ATTORNEY FOR. PETITIONER Christopher J. DeCosta Acting Chief Attorney Florida Bar N° 271410 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 PCP: BB/LI 8/04 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. 2 ns ae doe. Jpeg oe < upht QC ten tes 2 _ pure 8d . ay CI [> i: Y ‘ DBPR 0010-2 — Master \idividuat Application io flonidkei Fulluore, 2eceNe ED STATE OF FL onlay -8 Pile: Ore SURER OF FLORIDA-DEFR R tHere. , 6 2QaDEPARTMENT OF BU SS AND _ ACCT 1000004444 LOC 7900199 ight PROFESSIONAL REGULATION - FOR DEPOSIT ONLY 07/25/2002 i ik ANNO falataia QE ~ WS 7 dot 8 gone: 2001430 VAL 200025058 PERSONAL INFO! MATION = Social Security Number* | Last Name =— _First Middie Title Suffix | Ve ecetTiNe onli d mMictoe Birth Binh Dai (MM/DDIYYYY) Gender O22) Cr! Male afemale Q Ra thnicity (check-ofly one): Black. or African American O Asian or Pacific Islander O Native American or Alaskan Native Q White or Caucasian OQ Spanish, Hispanic or Latino QO Other : MAILING ADDRESS Street Address or P.O. B _ eo WES WW, 2 TER: | | City MM { 4) Fle 2 County (if Florida Thats — Country bE —— CONTACT !NFORMATION Primary Phone Numbe Primary E-Mail Address RESIDENCE ADDRESS (IF DIFFERENT THAN MAILING ADDRESS) Street Address City Zip Code (+4 optional) County (if Florida address) Business/Firm Name | Street Address : BUSINESS LOCATION ADDRESS | | City . State Zip Code (+4 optional) IL. | County (if Florida address) | Country | ADDITIONAL CONTACT INFORMATION (OPTIONAL Alternate Phone Number Fax Number Alternate E-Mait Address —_) "Under the Fudera! Prvacy Act, disciosure of Social Secunty numbers is voluntary unless specifically required by Federal stalute._ in tis instance, Social Security numbers Bre mandalory pursuant to Tite 42 United States Code, Sectons 653 and 654; and Sectons 455.203(9}, 409.2577, and 409.2598, Florida Statutes. Social Security numbers Bre used to allow efficent screening of applicants and licansees by a Title IV-D child support agency to assure compliance with child support obligations. Soca! Secunty numbers must Biso be recorded on all professional and occupational hoensa applications and will be used for licenses identiicaton pursuant to the Personal Responsibility ard Work Opportunity Fkeconciiation Act of 1996 (Wettare Relorm Act), 104 Pub.L.193, Sec. 317. & Vy E . iPLA COMPLAINT ERHQIY ( boala | >) re a pes i) ‘own Yan —O SEE EEE NNR 8 PRIOR LICENSE INFORMATION If you currently or previously have held a business or professional license/registration in aa Hi ¥ elsewhere, please list them below: id 7. License/Registration Typ State BECO | ECOKIOR Date (From) License Number BACKGROUND INFORMATION 1. Yes O No Have you ever been convicted of a crime, found guilty, or entered a plea (if yes, please of guilty or nolo contendere (no contest) to, even if you received a complete form withhold of adjudication? This question applies to any violation of the laws 0050-1) of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. tF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE EPARTMENT. Has any judgment or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, caunterclaim, or other pleading with any fraudulent or dishonest dealing, Tis there any such case or investigation pending? 3. Yes O No Have you ever had an application for registration, certification, or {If yes, please licensure in Florida or in any other jurisdiction denied, or is there now complete form ending a proceeding or investigation to deny such an application? 0060-4 4. Yes O Has any license, registration or permit to practice any regulated (If yes, please profession, occupation, vocation, or business been revoked, annulled, complete form suspended, relinquished, surrendered, or withdrawn in Florida or in any 0060-1) other jurisdiction, or is any such proceeding or investigation now _| pending? if you answered “YES to questions 1— 4 above, piease provide the full details of any criminal conviction, lawsuit or judgment, or administrative action including the nature of any charges, dates, outcomes, sentences, and/or conditions imposed; the dates, name and location of the court and/or jurisdiction in which any proceedings were held or are pending; and the designation and/or license number for any actions against a license or licensure application. Please utilize form 0050-1 for your responses to questions 1 and 2, and form 0060-1 for your responses to questions 3 and 4. If you have more than seven offenses to document on form 0050-1, attach additional copies of form 0050-1 as necessary. Yes 0 (If yes, please complete form 0050-1) : _ PRIOR NAME INFORMATION Have you used, been known as, or calied by another name (example - maiden name, pseudonym, nickname) or alias other than the name signed to the application? Yes Q No Q If your answer is yes, state name or names used below: Last Name First Middle Title Suffix ee Last Name First Middle Title Suffix Last Name First Middle Title Suffix DBPR RE-2010-1 — Real Estate Background Questions REV 06/01 , 4194 oy Hoy -3 PHI2: 04 Alenia i Eadsert.. STATE OF FLORIDA , 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION tg TARARS RightNow. NOTE - This form must be submitted as part of an : ; . entire application packet APPLICANT INFORMATION Last 8 SETI Ve oat iw row Title Suffix L : : . QUESTIONS : —< Are you a current member in good standing of the Florida Bar? Yes Q No Are you a high school graduate or the holder of an equivalency certificate? Yes No Q +L Pa ‘MUTUAL RECOGNITION Are you requesting mutual ree6gnition? From what state are you requesting mutual Yes O No recognition? 7 CONSENT TO SERVICE Are you a Florida resident? Yes No Q If no, please read and affirm Inevocable Consent to Service statements below by checking BOTH items) NOTE: (The following trrevocable Consent to Service ts applicable to non-resident applicants only) Q lagree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. DBPR 0030-1 — Attest Statement flowKa i Funkenre. . STATE OF FLORIDA * tHere. DEPARTMENT OF BUSINESS AND py eoY-3 Plz: 04 PROFESSIONAL REGULATION RightNow. NOTE - This form must be submitted as part of an vs . application packet ye — APPLICANT INFORMATION Applicarit Name D V/ w/ = _ / Arviw He SWEET | ATTEST STATEMENT Thave read the questions in this application and have answered them completely and truthfully to the best of my knowledge. have successfully completed the education, if any, required for the level of licensure, registration, or certification sought. ! have the amount of experience required, if any, for the level of licensure, registration, or certification sought. | pledge to comply with the applicable standards of practice upon licensure, registration, or certification. The foregoing application was sworn to and subscribed before me thigh2© Day of ry Offe ven S iweet mM 4 . Type or print name of applicant who is personally known to me or who has produced the following as identification. pL 75359155 SOKO-O of identification S37890 PP. ™~gsep-20-2082 83:39 PM CHECKS CASHED TODAY 35568 CHECKS CASHED TODAY MVC L- 12295 NW, 7th Avenue North Miami, FL 33168 FP PYQ BC bones / . BONED 2GERUS OO -8 PHILO poe BAY YUS See TELEFAX TRANSHITTAL LETTER - ° 10: CAhtre | Ln take Last rroy. L2ALUN SWEET NG | Ogdatio~ To. FAIS AES ($0) _7BB-8O0¢O__ FAX NO, (305) 685-8700 DATE: G f 70 b2- TIME: ‘SOTAL RAGES, INCLUDING TRANSMITTAL LETTER: FAX NO IF YOU po NOT RECEIVE ALL PAGES ‘SATISPACTORILY, PLEASE CALL SENDER AT (305) 687-6800, 1S FROM 3056859700 TO DBPR, Revenue Secti 9/20/02 2:57 PM Page 1 © dn apt OE sie Judge OSy bunt as iu THE COUNTY COURT IN ‘AND FOR DADE COUNTY, FLORIDA 83-72686 . ves as(o eee CASE NO, BENCH DOCKET og -19-83 STATE OF FLORIDA vs. SWEETING, CALVIN Defendant of WILLIE LEE SEYMOUR on 07~27~83 i MISCHIEF upon the personal property CHARGE __CRIMINAL Fs 8061308 SAID DEFEND, ‘as arraigned for trial on guilty to the charge an set forth. and entered a plea of oct? 1983 \" t £997 gw DEEN JUDGMENT QO? AFTER HEARING the, dant 1} G Mhence and duly considering the seme, the Court finds you, the Defeni PRONG road guilty of said charge; AND IT IS OPDERED AND ADJUDGED that you, the Defendant, are guilty of suid offense as 8 SENTENCE AND ORDER IT 1$ THEREFORE THE JUDGMENT, ORDER AND SENTENCE of the Couryfthat yous, rex fant, be imprisoned in the County Jail,of Dade County, Florida, for a term of __ x wit pay 2 fine of $ , and $_____ the coats herein; payment, that you, the Defendant, stend committed to the County Jeil of Dade County; dys : DONE, ORDERER AWD AN UDGED in opea Court Dede County, Florida, on 83 es . . . s. $0 Sercharye {960.25 P-8.) Q rie. (943.2809) P80) 1____ tooak uw (943.2549) P80} ?. ff, Crinea {960,20 F687 rie CANTY =0t fT te aad tae Dude Counts. Stale af Dorida , oly nO! -3 PY sayad gh S3-72696 "INFORMATION FOR {HE SLATE OF FLORIDA | © CRIMINAL MISCHIEP vs CALVIN SWEETING AND BY THE AUTHORITY OF THE STATE OF FLORIDA: IN THE NAME ELIZABETH WEINTRAUB = Amistant State Attorney 0 1, the Eleventh Judicial Circu! prosecuting for the State of Florida in the County of Dade, CALVIN SWEETING it of Florida, on the authority of JANET RENO, St under oath, information makes that onthe 27th dayof_. . een eee anal ORT no des éi4 unlawfully, willfully and maliciously injure or damage real property of WILLIE (LEE SEYMOUR, f£ the RESIDENCE of WILLIZ LEE SEYM( h damage being TWO HUNDRED DOLLARS (8200+ 00): by throwing rocks. throug windows 0 OUR, thereby cauein' them to break, suc or less, in violation of 806.13 Florida Statutes, m . : fl ‘ EWsiw 9/13/83 pee FILE she OF FLORIDA COUNTY G THEREBY CFF HaRVEY : HARVEY

Docket for Case No: 04-004044PL