2,8 6 STATE OF FLORIDA 2G, “a * “a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION}; i, 4 FRO “& CAE FLORIDA DEPARTMENT OF BUSINESS EE Oy «, AND PROFESSIONAL REGULATION, WZ Sp DIVISION OF REAL ESTATE, : “ Petitioner, vs. FDBPR Case N° 2002003537 2002005212 PATRICIA JONES, Respondent. ) OS - | oS ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner," and files this Administrative Complaint against Patricia Jones hereinafter, referred to as "Respondent," and alleges the following: 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, Florida Statutes, and the rules promulgated pursuant thereto. 2. Chapter 475.01(1)(a), Florida Statutes states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or FDBFR v. Patricia Jones Case No. 2002003537 Administrative Complaint printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.1 1(4)(a). 3. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker-sales associate, or sales associate, not including, however, any of the exceptions stated therein. See Section 475.01(3), Florida Statutes. 4, No person shall operate as a real estate broker or sales associate in Florida without being the holder of a valid and current active license therefor. See Section 475.42(1)(a), Florida Statutes, 5. Respondent is not now, nor was at any time material herein, licensed as a real estate broker or sales associate in the State of Florida in accordance with Chapter 475 of the Florida Statutes. 6. At all times material, Respondent, made representations to Marlo Lyn Cash (Cash) that Respondent, and Respondent’s brokerage firm, specialized in “New, Used Mobile Homes, Land & Home Packages, Site Built, Homes, and Condominiums.” A copy of the documents is attached hereto and incorporated herein as Exhibit 1. 7. At all times material, Respondent knew or should have known that Ideal Home Broker, FDEPR v. Patricia Jones Case No. 2002003537 Administrative Complaint Inc. is not licensed to do business in the state of Florida. A copy of the documents is attached hereto and incorporated herein as Exhibit 2. 8. On or about March 10, 2002, Respondent advised Cash, that for a fee, she would assist in the sale and purchase of a mobile home and a parcel of land. 9. On or about April 26, 2002, Respondent received from Cash, a payment for $4,400 to “get him into anew home”. A copy of an agreement is attached hereto and incorporated herein as Exhibit 3. COUNT I Based upon the foregoing, Respondent i is guilty of having operated as a broker or sales associate without being the holder of a valid and current license as a broker or sales associate in violation of Section 475.42(1)(a), Florida Statutes, and, therefore, in violation of Section 455.228, Florida Statutes. . FURTHER ALLEGATIONS OF MATERIAL FACT 10. Petitioner realleges and incorporates herein Paragraphs One through Five above. 11. On or about March 16, 2002, Respondent’ attempted to bring together, Mildred G Wright and Donald G. Looney (Buyers/Lessees), and Seller, on a purchase/lease transaction, on a property located at 8797 Hammond Wood Road, Jacksonville, Florida (Property). 12. At all times material, Respondent received from Buyer a $4000 deposit for the ' purchase/lease of the Property. 13. When the purchase/lease contract did not materialized, Respondent refused to return Buyers’ deposit. FDBPR v. Patricia Jones Case No. 2002003537 Administrative Complaint 14. Respondent advised Buyers/Lessees that monies were due for broker’s fee. COUNT II Based upon the foregoing, Respondent is guilty of having operated as a broker or sales associate without being the holder of a valid and current license as a broker or sales associate in violation of Section 475.42(1)(a), Florida Statutes, and, therefore, in violation of Section 455.228, 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, 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 and Rule 61J2-24.001, Florida Administrative Code. 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 FDBPR v. Patricia Jones : Case No. 2002003537 Administrative Complaint 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 and Rule 6132-24.001, Florida Administrative Code. SIGNED this 30 dayof__ Jul _, 2004, FILED Regulation % oa of Busi ep siness al Estate and Professional Regulation by: sae nt t of ne Division of Re Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 318360 Senior Attorney, Real Estate Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street N801 Orlando, FL 32801-1757 (407) 481-5632 (407) 317-7260 FAX PC: 7/30/04 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. 5 FDBPR v. Patricia Jones Case No. 2002003537 Administrative Complaint . 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 of the 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 Department of Business and Professional Regulation 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. Xa) ‘ga0vd h #LAINXa “BG SIVE eenn-e le (r08) Key StUNy|WOpUaD : yemh be (06) ronan ype 9S as 4 : OL2de Ty ‘AiauasyxouP *aBygq euuO}| Y PU? MAY 0 9 2002 : 68 ANG « WEIS PrEOL O68 RAWOP BQOW . : JeuMo REGI : Saud 18, REGION Il : Piel Regulation & Enforcement : Pat " 9 . , RPRUS RY 6 soda = Pasy = Mo_ ‘ONI ‘SH3NOUE SINOH WSC pa 3OWd DIT SaAING 30 AIC. = EGTZ22be6 «PTIE@ «Zaaz/TZ/sB antag plaice aids inane Nepetiliact io ain es JBESTUCNEA | eae EXHIBIT# 3 Page. B om ieareni Te (oo ae EN ES rae ws ai rd un HE (Us To AN 7 FAA HO, IDEAL Home Brokers, Ine. 8970 103" Street, Suite #9 Tackwonsilte, Farida 3UH10 Phante 04-77) 24d Bay 94 -TIL-O473 Idval Lome Brokers, Lie, at $970 103" SL, Suite #9, Jacksonville, EL. 3 R210 ts acting ag a. broker to me, the consumer (Purchaser of Mortgage) — Taide = habla ¢ Coad, ag ofthis date 2-76 deo S. . Tam avthorizing Teal Heme * Brokert “Tne, to run my credit burean and submit my application to the bits of their ehoiec to arrange my financing needs al the best rates offsred Lo the brokerage pcan upon my eredit., Tans fully aware there is a loan package submission [oo upon signing . this document, fn the suin of $200.00, that is non-refnidablo, spproved or not approved, Thera will be an additional fec, ones approved in writing by the bank, leary osty or pre-approved on lanl and home packages, (0 the broke (Ide val | ay a dne.p for allarrangernents, At thal fing, the agreed fee will be $, MA of sa punter iat paid (o teal ome Brokers, Inc. for services rendered, His ig it tonerefandals fee consumer chooses not to comply with ayraagements wilh broke (heal Home Mrokers, Ine.) all monios specified are forlisited. WV Penge read and ackoowledye this ugreaqmiont, This ts a hiabag agree et siseied by all partics involved, Braker anc Consumer (Purchaser of Mortgage). a Thank you for considering our Brokerage fis aga part of you and yn. Faurihest ieeds, We specialize In New, Used Mobile. Homes, Land & Home Raslages, vite buill homes, and Condo's. A Plan for every need with (le best consulting we carole, #4 uromber: A Step to Your dl) Financing Arrangemenis'*"+ Ow: fer ADMINISTRATIVE COMPLAINT. ExHiBit #2. PAGE oes eee Notary (Datw) . Ww Ls - ee a be eee cee nate es exnierre’S PAGER”

Docket for Case No: 05-004125