SP pansy a i aD ops Pa es STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, a a | t | ') S XP vs. FDBPR Case N° 2003078925 KENNETH R. MOSCONE, JR. Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Kenneth R. Moscone, Jr. (“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 sales associate, issued license number 3042704 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Extreme Realty Group, Inc., 1701 W. Hillsboro Blvd. #307, Deerfield Beach, Florida 33442. FDBPR vs Kenneth R. Moscone, Jr. FDBPR Case N° 2003078925 Administrative Complaint 4. On or about April 9, 2001, Respondent submitted to Petitioner an application for licensure as areal estate sales associate. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn 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” and required the disclosure of individual offenses. 7, To the question on the application relating to criminal background, Respondent replied “No.” 8. 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 June 9, 1992, in the court of Volusia County, Florida, Respondent entered a plea of no contest to disorderly conduct. A copy of the FDBPR vs Kenneth R. Moscone, Jr. FDBPR Case N° 2003078925 Administrative Complaint certified court documents is attached hereto and incorporated herein as Administrative 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) FDBPR vs Kenneth R. Moscone, Jr. FDBPR Case N° 2003078925 Administrative Complaint 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 (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this @{ day of_Ocdnbert , 2004. Jesa- aa of Busineseand Professional Regulation By: Director, Division of Real Estate FDBPR vs Kenneth R. Moscone, Jr. FDBPR Case N° 2003078925 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: NM/HF 10/04 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. . - + =~ DO NOT WRITE OR PRINT IN SPACE BELOW /9 #144.00 DBPR/4OL.HREV.08/99) RECEIVED iD Osasar944 1D TYPES "g _ Bie G0026669 RC? 000431738 APR — 01-028-10 $20.00 et 01-025-40 880.00 DNISIO 01-025-15, $39.00 jot to be flied In by applicant QUAL. VERIFIED O1-025-5F 85.00 RO ED.CRS FP CAPR 2 4 2004 aa EQUIV. APPROVED a, SCHOOL# _—s————_—CéODSENIED ] 7 — . 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ATE Hurston North Tower, 400 W. jason St., P.O. Box 1900 Orlando, Fi 3; (407) 2. — EQUIRED FEE $144.00 ~, APPLICATION FOR LICENSURE AS A REAL ESTATE SALES - Ri (fee includes first-t DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REALESTATE |, INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. 1. Legal Name: Woscow e Le ynetln Pa SR 2. Personal Mailing _(\ 17 Gb AST srreet Address: {nurnber) {street} wo\ Spt ; foward cL 33071 city county; state up code, 3. (a) Your Residence (\77G S.W 1° STce2eT Address: (number) (street) Co fal SPOS Broward Ex R307 f city COUNTY) ‘state! zip code) {b) Daytime Telephone No.: ( q5Y } 27 ~-. OTL 33 {Notify the Division of any permanent address change.) 4. Date of birth 4 [ uy/ 72 5. Place of birth lynn ma Sufloe 6. OFemale Zale 7. Social Security No.: Qua. Under the Federal Privacy Act, disclosure of Sociel Security numbers is voiuntary uniess specifically required by Federal statute. In this instance, social security numbers are mandatary pursuant to Title 42 United States Code, Sactions 653 and 654; and sections 455.203(9), 409.2577, and 409.2598, Florida Statutes. Social Security numbers are used to allow efficient screening of applicants and licensees by 2 Titie iV-D child support agency te essure compliance with child support obligations. Social Security numbers must also be recorded on sil professional and occupational license applications end will be used for licensee identification pursuant to the Personal Rasponsibility and Work Opportunity Reconciliation Act af 1996 (Welfare Reform Act), 104 Pub.L.1 93, Sec317. oe Yes (No Are you a high school graduate or the holder of an equivalency certificate? v ADMINISTRATIVE COMPLAINT. 9, GYES MNO 10. OYES @NO oyves #f No 11. QO YES MNO 12. OYES MNO 13. OYES ZNO O ves @NO O yes ™ No 14.0 ves no 15.0 YES vd NO ™ * ahve You ever been convicted of a crime; fourtd guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question, applies to any violation of the Jaws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, of traffic signal violations), Without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. ff 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 éxpungement or sealing prior to answering “NO”. If you answered "Yes," attach the full details including dates and outcome, including any sentence and conditions imposed, on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. {a} Has any judgement 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, dectaration, answer, counterclaim other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10(a) or(b) is “YES” attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were heid or pending.) (a) Have you previously filed any application for licensure in this state as a real estate salesperson? If so, state when; {b) Have you failed any previous examination for licensure as a real estate salesperson in this state? If so, state when; Have you ever been denied, or is there now pending a proceeding to deny your application for a license, registration, or permit to practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? (b) Have you ever resigned, withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation while such charges were pending? {c) Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the reali estate licensing agency of any state, territory or country? (If your answer to questions 12 or 13 (a) (b} & (c) is the affirmative -"Yes" - attach a complete statement giving the-name and address of the officer, board, commission, court, or govemmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) Have you operated, attempted to operate, or heid yourself out as being entitled to operate, as areal estate salesperson or broker, in this state, within one year prior to the filing of this application when you were not, in fact, the holder‘of # valid, current licengé @uthérizing you to do so? EGRET hyet fg Are you presently deciared mentally incompetent by any court? (If your answer is “Yes”, attach a statement giving the full details.) S28) Exhibit : - 16.21. YES NO Have you used, been known as or called by another name Pr at other than the name : . signed to the application? (If your answer is yes, state name or N&mes used, the period of time and place where used}. 17. Hes A NO {a) Are you a lagal resident of Florida? (b} If your answer to question 17 (a) is “NO”; what state are you 4 legal resident of? In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE iS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY} | agree, by becoming the holder of a Florida real estate licanse, 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. lcebtB_4/ I/F 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so sta \, As a salesperson in from to i ————— As a broker in f / iO from 4/ [ } to License Number: Name used AFFIDAVIT OF APPLICANT County of Blo ute ed . Stiles hee? on The sbove named, and undersigned applicant for licensure as a real estate under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly swom, 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; that (s)he knows of no reason why this application should be denied; and (sjhe further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. State of onda The foregoing application was acknowledged before me this L day of 4eri| . LOO] by Kevuc+y 2 Woseone 3% ; type or print name of applicant Bro ves. s Bee Annem es Pepe of Wentification a 1 Dorothea £ Vaos 3 ~ Notary Seal and Expiratif Pig Commission CC839671 _.. . (Rubber Stamp) __ Nan? Expres May 25, 2003 Exhibit DIANE M. MATOUSEK CLERK OF THE CIRCUIT COURT SEVENTH JUDICIAL CIRCUIT — VOLUSIA COUNTY, FLORIDA PLEASE REPLY TO: Criminal/Traffic Division - P.O. Box 2401 : 2 ae Daytona Beach, FL 32115 September 30, 2003 Kenneth Moscone Jr 5881 NW 124" Way Coral Springs, FL 33076 RE: Notice of Disposition Name: Kenneth Moscone Date of Birth: 4/24/72 : coe To Whom It May Concer: The disposition of the case indicated was as follows: Case #: 92-36405MMAES Date of offense: 3/24/92 Charge at disposition: Disorderly Conduct Charge Level: Misdemeanor Date of disposition: 6/9/92 Disposition results: Withhold Adjudication If our office may be of any further assistance, please contact us. Sincerely, DIANE M. MATOUSEK pee Court YA Loin, a Lk kts! By: Clerk 2~ Deputy Clerk C: General Correspondence CL-0689-0110

Docket for Case No: 04-004258PL