ha Lor ae STATE OF FLORIDA BY PL OA Th DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002012418 TERRANCE MCMANUS, a) nw - a sp, y Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Terrance McManus (“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 520022 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Jordyn Taylor Properties, Inc., 2500 North Military Trail #135, Boca Raton, Florida 33431. FDBPR vs Terrence McManus FDBPR Case N° 2002012418 Administrative Complaint 4. On or about March 20, 2002, Respondent submitted to Petitioner an application for licensure as a real estate broker. 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.” 7. To the question on the application relating to criminal background, Respondent replied “Yes” and disclosed a 1983 possession of an incendiary device, a 1989 conspiracy to sell cocaine, a 1993 Robbery/Grand theft, and 1996 trespassing charge. 8. In reliance upon Respondent’s application and disclosed history, Petitioner issued a real estate broker’s license to Respondent after a hearing on May 15, 2002. 9. Respondent failed to disclose that on or about March 16, 1994, in the court of Leon County, Florida, Respondent entered a plea of no contest to two counts of dealing in stolen property FDBPR vs Terrence McManus FDBPR Case N° 2002012418 Administrative Complaint and adjudication was withheld. A copy of the 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 Terrence McManus FDBPR Case N° 2002012418 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_Zf_ day of Cr tober , 2004. epartment of Business ‘and al Reguidifce. professional Regulation ie By: Director, Division of Real Estate FDBPR vs Terrence McManus FDBPR Case N° 2002012418 Administrative Complaint ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 607721 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. PAGE 82 DBPIv407.2 {REV.06/991 \ ») DO NOT WRITE OF PRINT IN SPACE BELOW mee riven Cilp of srente in cue an » vy 2007 ee Dstt spare two passport eTytt, ; ary a4 2. EY SI es phetogrmpns 2" x ze Not to be filled in by applicant tr > . taken within nest vaste! ower ee Case S03 ep AyoF Cuan y MEASURER OF FLORIDA~DEPR HOT 10cdod4444 LAC 7INNLIY SER DEFOSIT GNLY 02/19/2002 2003:10527 eB VAL bbOG9014 aa! QUAL. VERIFIED EQUIV. ss APPROVED ED.CRS_ prep 7 3-i5-¢% SCHOOL C«éDEENIED __ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE iS Hurstan North Tower, 400 W. Rabinsun St., P.O, Box 1900 YP -F Oxdango, FL 32602-1500 = (407) 245-0800 ———_ en APPLICATION FOR LICENSURE AS A REAL ESTATE BROKER- REQUIRED FEE $154,00~. {tee Includes first license) ~ —_ Do NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL EST ; ey ee INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the necessary documantation provided or the application will be ratumed to tha applicant. Attach additional pages as necessary . ep . _—" . f, 1. Legal Name: a [Pp Ant § SERRE NOE ; Mi raced. Last) ‘ ie at ry 2. Persona! Mailing ZA PYM CARS do - Address: "(aumbet) {street} —? . Wise Chen fence Lt LPF 3. (a) Your Residence Address: _ Tettyt a Teourty) Tatavol Zip oneal - bss C41 sms ied We $43 (b) Daytime Telephone No.: { SE) 3 6/) * Lb PE (Notify the Division of ery permanent address change.) 4. pate of bith 7-/F-/PEK 5. Place of bith /Prenvzr, GY OFemale (Male 6, Sacial Security No.: Unoar tha Feoerel Pavecy Act, seaciosure of Social Secunty humbers is voluntary uniess specifically teduirad by Fadetal etutvie. Jn thie, inptanet social see umoqey are mandatory Surmust to The 42 United Stetes Coda, Sectiona 653 wre 652; and sections 455.203(5) .2577, and 409. jg Statues, OCIA Bcurty Numbers sre ushd tO Sllow BliCent acrasfing Of applicants end icengear by s ite 1¥-D chia BUpOoT agency to aseure Camolmhts with emia suppor Qbigations, Sccul Secunty numbers Must atso be recordés on ail Brofasgions| end pecupational iicecaé soDlications and will be used for licensee identification gucguart to ine Personal Rosaonéibuity and Work Opportunity Reconenietnon Act of 1996 (Welfare Aatorm Act), 104 Pu. 184. Sec3t?. ga. Fram what state are you claiming experience? Fverign ‘ Broker's or Salesperson’s License Number: <7. Saag 4 ‘ IF YOU ARE CLAIMING EXPERIENCE FROM A JURISDICTION OTHER THAN FLORIDA, ATTACH A CURRENT CERTIFICATION OF YOUR LICENSE HISTORY (NOT MORE THAN ONE YEAR OLD) FROM THE LICENSING AGENCY OF THAT JURISDICTION. THE REAL ESTATE LICENSE MUST HAVE BEEN OBTAINED THROUGH EDUCATION AND EXAMINATION BY THE REAL ESTATE LICENSING AUTHORITY... / yee 88/11/2004 12:46 8584888748 9, SfyES DONO 11. 12. 13. 14, 15. pyes Safio cyes §No Oyes dvo Oyes ofo DYES jo yes Jato Ores pxhio ves \vo uyes ‘evo ores Wino DBPR CIU PAGE 83/18 e Have you ever been convicted of a crime, found guilty, ot entered 5 plea of guilty’ or nole t contendere ( no contest), even If sdjudication was withheld?’ This question zpplies ‘to any- violation of the laws of any municipality, court , county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations}, without regard to whether you were pieced on probation, had adjudication withheld, paroled, or pardoned, If you intend to use you baliev se records have been expunged of sesied by court order _ answer "NO" $ pursuant to Section 943.058, Florida Statues, of applicable lew “of another State, you sre responsible for verifying the expungement or sealing prior to enswenng -NO~: tt you'snswered “YES” attach the details including dates and outcome, including any sentence ‘and conditions imposed, in full 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 thie question, consult with an attomey of 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, declaration, answer, counterclaim, or other plasding with any fraudulent ‘or dishonest dealing? (b} ts there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any traudulent 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 held of are panding.} . {a) Have you , in this stste, previously filed any application for real estate ficansure which was denied? If so, state when; . {b} Have you failed any previous examination for licensure su a real estate broker in this state? If bo, state when; . Have you ever been denied, or is thera 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 sn application for such a license, in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violation of law. (3) Has any license, ragistration or permit to practice any regulation profession, occupation or vocation been revoked, annulled or suspended in this or sny other state. province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of taw, or is-any proceeding now pending? {b) Have you ever resigned or withdrawn from, or surrendered, any licanse, registration or permit to practice any regulated profession, accupation, or vocation while such charges were pending? ' (c) Has any broker's or salesperson’s Jicanse held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? {If your answer to questions 12 or 13 (al (b) or (¢) is the affirmative -“Yes"- attsch a complete statement giving the name and address of the officer, board, commission, court or governmental agency or department before whom the matter was, or is now, panding and give the nature of the charges and state the facts.) Have you, in this state, opersted, atternpted to operate, or held yourself out a¢ being entitled to operate, os o real estate broker, within one year prior to the filing of this application when you were nor, in fact, the holder of a valid, current license authorizing you to do 807 Are you presently declared mentally incompetent by any court? a porn as (if your answer is “Yes”, attach a statement giving the full detei eed L2AO3/ 2080 46:31 Soa92Z241 91 May 1996 Trespassing of an occupied structure. Plead guilty in own best interest to misdemeanor, served one year of probation. I broke into apartment that I resided with girlfriend. May 1993 Robbery/erand the Took own best interest plea, served one year on modified house arrest, with permission 10 remain working. ; While inebriated and suffering from alcohol abuse. I entered an unoccupied vehicle with it’s engine running while the driver was inside a store delivering newspapers. I drove the car 44 mile up the street to my house and parked it in the front. This offense occurred 10 years ago. January 1989 Conspiracy to sell and the sale of cocaine. ADJUDICATION WITHHELD. Took own best interest plea and served two years probation. Was with a friend who delivered a very small amount of the drug to another friend for personal use. T was never in possession of any drugs and T cooperated with the authorities resulting in a related arrest. This offense occurred 13 years agu, January 1983 Possession of an incendiary devise. Plead Nolo-contendre in own best intcrest. Adjudication withheld. Served six rhonths probation. Made a homemade explosive devise to ignite on New Yeats Eve. This offense occurred 19 years ago. Note: I have been Operations Director of a Real Estate Brokerage for 7+ years and have Managed over 150 Realtors. Ihave a 19 month old Seactiful Daughter, own my own home and have not had as much as a specding ticket i114 years. FAGE 64 16.0 YES fi NO Have you used, been known as or galled by another name or alias other than tna name ~ signed to the application. (If your answer is ves, state hame or names used. the period of time and place where used). 17, BYES CANO (a) Are you a legal resident of Florida? {b) lf your answer to question 17 {a) is “NO”*; what state are you a legal! resident of? ee In addition, please reaa and sign tha Irrevocabié consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) l agree, by becoming the holder of a Florida real estate licenst. © ubmit to the jurisdiction of the Depertmant of susinass and Protassional Reguiation and the Division of Administ cov . Hearings, which agreement \s jrravocabla. agree, by bacaming the holder of a Florida real estate license, 23% the Director of the Division of Real Estata and his/her successors in office shalt raceive service af all jJegal proce: ssued against me in any administrative or civil action or proceading in this state. eno process 80 served shall be valid and binding, which agreement is irravocabie, ! further agree to file with the Division of Real Estate the designation of the name and addrass of the person to whom process served upon the Division Director is to be jorwatded and to keep said designation current. fl Sionerure AFFIDAVIT OF APPLICANT State of FLO PSD A_ County of pA LM Aare {t __ Tha above named, and undersigned, applicant for licansure as & real estate broker under the provisions of Chapter 475. Florida Statutes, as amended, upon being duly swotn, deposes and says that {s}[h@) is the person so applying, that (s)(he) ha¢ 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 comolcte As his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever: that (3!(ha) knows of no reason why this application should ba deniad; and is}{he) further extends this affidavit to caver all amendments to this application or further statements to the Division or its representativas. DY him/her in ragponse to Inquires concerning his/her qualifications. The foregoing application was _ acknowleaged before me this day of OCT . 200) ny eneence fN. (0 Tass Type of print AaMe Of EDORCEMT Who is parsonally known to me of who has produced the tetfowing as identification, t > RES Lacey $é __ en AT m= 8 type ot identification Signature of person taking acknowledgment ~ Notary Seal iRubber Stamp | ttn, Eleanat Lasech ean . ae tela My Commssicn ¢c798003 FS Expues Janusry 12 2062 4, ‘a La ORDER WITHHQULDING. LATION OF GurLT _ av AND PLAGERG SDE Bist GillPnonarton ll | G ~ fa INTHE BOGK 2 PAGE THD, zr STATE OF FLORIDA St APR In The Circuit Court w) frp > vs Plaintiff 825 PETG oe Leon County, Florida “Ay. TERRANCE MCMANUS ay © & DATE ROT Case No. 93-2773 : Defendant VELANG C2 dc No. 603589 u DAVE [. ~ CLERK ciecuit Court . ‘ 2 This cause coming on this day to be heard befdre me, and you, the defendant Terrance McManus, being now present before me, and you having: ENTERED A PLEA OF NOLO CONTENDERE TO the offense of Cts. 1 & 2, Dealing in Stolen Property, F.S. 812.019, F-3 It appearing to the satisfaction of the Court that you are not likely again to engage in a criminal course of conduct, and that the ends of justice and the welfare of society do not require that you should presently be adjudged guilty and suffer the penalty authorized by law: Now, therefore, it is ordered and adjudged that the adjudication of guilt and imposition of sentence are hereby withheld, and that you are hereby placed on probation for a period of _three {3) years each count to run concurrent under the supervision of the Department of Corrections and its Officers, such supervision to be subject to the provisions of the laws of this State. It is further ordered that you shall comply with the following conditions of probation: (1) Not later that the fifth day of each month, you will make a full and truthful report to your Probation Officer on the form provided for that purpose. (2) You will pay to the State of Florida the amount of $40.00 Forty Dollars and 4% surcharge per month toward the cost of your supervision unless otherwise waived in compliance with . Florida Statutes. (3) You will not change your residence or employment or leave the county of your residence without first procuring the consent of your Probation Officer. (4) You will neither possess, carry or own any weapons or firearm without first securing the consent of your Probation Officer. (5) You will live and remain at liberty without violating any law. A conviction in a court of law shall not be necessary in order for such a violation to constitute a violation of your : probation. (6) You will not use intoxicants to excess; nor will you visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used. (7) You will work diligently at a lawful occupation and support any dependents to the best of your ability as directed by your Probation Officer. (8) You will promptly and truthfully answer all inquiries directed to you by the Court or the Probation Officer, and allow the Officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions he may give you. (9) After service of one-half of the period of probation, and upon completion of all financial requirements and all other special conditions of the probation, the defendant may be placed by the Department of Corrections in administrative probation status. All conditions of probation, except for condition (1) and (2), are to remain applicable. The defendant shall pay to the Department of Corrections a one-time, nonrecurring $50.00 processing fee, such to be remitted to the Department within thirty (30) days of placement into administrative probation status. Failure to comply with all conditions, except conditions (1) and (2), or with remittance of the $50.00 processing fee may subject the defendant to revocation of probation. : (10) You are responsible’ for the payment of all costs for any court ordered drug testing and substance abuse treatment. When these services are provided by the Department of Corrections, you will reimburse the Department for its actual cost for providing these services unless payment is waived by the Department. (11) Reimburse Leon County $200,00 as partial costs of prosecution and pay $3.00 to the Criminal Justice Trust Fund, $50.00 Crime Victim Compensation Fund, and $2.00 to the Law Enforcement Education Fund through the Leon County Clerk of Court as directed by the Probation Officer. (12) Make restitution in the amount of $250.00 payable to Play Again Sports; $300.00 to Kelly Pitman and $500.00 to reimburse Public Defender for costs. IA IF. THEY WILL PLAIN DEFENDANT'S PROBATION MAY BE TRANSFERRED TO PALM BEACH OR ATLANTA, GEORG ACCEPT Puttin iis OS You are hereby placed on notice that the Court may at any time rescind or modify any of the conditions of your probation, or may extend the period of probation as authorized by law, or may discharge you from further supervision; and that if you violate any of the conditions of your probation, you may be arrested and the Court may revoke your probation, adjudge you guilty and impose any sentence which it might have imposed before placing you on probation. It is further ordered that when you have reported to the Probation Officer and have been instructed as to the conditions of probation you shail be released from custody if you are in custody and if you are at liberty on bond, the sureties thereon shall stand discharged from liability. It is further ordered that the Clerk of this Court file this order in his office, record the same in the Minutes of the Court, and forthwith provide certified copies of same to the Probation Officer for his use in compliance with the requirements of law. CHARGES /COSTS /FEES/RESTITUTION ALL PAYMENTS ORDERED BY THE COURT MUST BE IN MONEY ORDER MADE PAYABLE TO: DEPARTMENT OF CORRECTIONS he A_SURCHARGE OF 4% WILL BE ADDED TO ALL PAYMENTS orperé9 dy rue COUR yy DONE AND ORDERED IN OPEN COURT this _16th day of _March, 199 AMY, ‘ [UDGE Nikki Ann Clark | t I acknowledge receipt of a certified copy of this order and that the conditions have been explained to me. Date: Probationer. Instructed by: oo Original: Court DC4-900B Copies: Probationer/File Rev 6/85 E.Mathis:ase IN THE CIRCUIT COL .' OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA. CASE NO. 33-2773AF STATE CF FLORIDA Spn. 76816 vs. AMENDED ** INFORMATION* * Terrence M McManus WH/M, DOB 7/14/65 SSN Defendant(s). INFORMATION FOR: DEALING IN STOLEN PROPERTY (F2) I: It: DEALING IN STOLEN PROPERTY (F2) , tors IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORI Be ale Z2n fs . S2z Sg WILLIAM N. MEGGS, State Attorney for the Second sudan wy Circuit of the State of Florida, charges that in Leon Cowsy, — Florida, the above named defendant(s); Pos ce 285 = 55 = g s COUNT I: On September 21, 1993, did unlawfully traffic in or did endeavor to traffic in set of Ping Zing Golf Clubs, the property of Kelly E. Pittman, which the defendant knew or should have known was stolen, contrary to Section 812.019(1), Florida Statutes. COUNT II: And on September 23, 1993, did unlawfully traffic in or did endeavor to traffic in miscellaneous golf clubs, . Budgeston Whopper Driver, Wilson Ultra 5, Calloway Big Bertha Wood and Maxfli Putter, the property of Kelly E. Pittman, which the defendant knew or should have known was stolen, to Section 812.019(1), Florida Statutes. contrary Ales EX HE G74 Shee “P _ — PAGE 2. nll STATE OF FLORIDA COUNTY OF LEON WILLIAM N. MEGGS, STATE ATTORNEY SECOND JUDICIAL CIRCUIT OF : FLORIDA IN AND FOR LEON COUNTY Dana Plummer Assistant State Attorney The foregoing instrument was acknowledged before me on March 7, 1994 by Dana Plummer, who is known to me and did take an oath stating good faith in instituting the prosecution and certifying that testimony was received under oath from the material witness or witnesses for the offense pursuant F.R.Cr.P. 3.140(g). wi A Certified Copy Attest: Bob [nzer Clerk (Yon

Docket for Case No: 05-000465PL