STATE OF FLORID reg dik <7 A WSO S AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINES FLORIDA REAL ESTATE COMMISSION A ‘MENT OF BUSINESS AL REGULATION, ESTATE, FLORIDA DEPART AND PROFESSION DIVISION OF REAL Petitioner, FDBPR Case Ne 20015001 Ay vs. WENDY SULLIVAN, a - Co Te PL j a Respondent. / _ ADMINISTRATIVE —_——_——— COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Administrative Complaint against Wendy Sullivan (“Respondent”) Estate (“Petitioner”) files this and alleges: {ONS OF MATERIAL FACT ESSENTIAL ALLEGAT overnment licensing and regulatory agency charged with the 1. Petitioner is a state g tate of prosecute Administrative Complaints pursuant to the laws of the S responsibility and duty to 5 120, 455 and 475 of the Florida icular Section 20.165 and Chapter Statutes, and the Florida, in part promulgated pursuant thereto. rules was at all times material hereto a 1 icensed Florida real estate broker, 2. Respondent is and er 486851 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker with Wendy Sulliv: d, Florida 33042-0428. issued license numb an Real Estate, P. A. Inc., P. O. Box 420428, Summerlan FDBPR vs Wendy Sullivan FDBPR Case N° 2001500141 Administrative Complaint 4. Onor about November 15, 2001, Petitioner’s Investigator conducted an office inspection and audit of Respondent’s real estate brokerage corporation. 5. The audit/inspection revealed that Respondent closed a real estate transaction on March 20, 2001 for the property located at 134 Cutthroat Drive, Cudjoe Key, Florida. 6. Respondent earned $6,960.00 in commissions on said transaction and has maintained those personal funds in her escrow account. 7. Respondent failed to properly reconcile Respondent’s escrow account for the months of April 2001, May 2001, June 2001, July 2001, August 2001, September 2001, and October 2001. COUNT I 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 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. COUNT II Based upon the foregoing, Respondent is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(2) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. 2 FDBPR vs Wendy Sullivan FDBPR Case N° 901500141 Administrative Complaint WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, Of the Department of Business and professional Regulation, as may be appropriate, to issue 4 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 OF registration or permit; suspension of the license, registration oF permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each co unt or offense; imposition of investigative costs; issuance ofa reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant OF 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 6132-24.001. 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 of offense; imposition of investigative costs; issuance ofa reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, OT permitee to complete and pass additional real estate education courses; publication; restriction of practice, injunctive oF 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 61 J2-24.001. FDBPR Ys Wendy Sullivan FDBPR Case we 2001500141 ‘Administrative Complaint SIGNED this 1 day of Decenlbic 2003. y(n CL 1 — Department of Business and professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER James P. Harwood, Senior Attorney Florida Bat we 0425941 Division of Real Estate Department of Business and jPHKk PCP: NM/HF 12/03 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes js not available for administrative disputes gnvolving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative 4 FDBPR vs Wendy Sullivan FDBPR Case N° 2001500141 Administrative Complaint Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 420.569 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 Flection of Rights form.

Docket for Case No: 05-000076PL