STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2005005832 2005005824 STEVEN DAVD, 2005005834 ELEANOR MATTUCCI, AND FLORIDA PROFESSIONAL PROPERTY ’ ¢ vv MANAGEMENT, INC., () lL, - p | ye Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Steven David, Eleanor Mattucci and Florida Professional Property Management, Inc. (“Respondents”) 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 Steven David is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3008966, 3076613, and 3005272 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as a broker c/o Real-Estate- FDBPR v. Steven David Case No. 2005005832 Administrative Complaint Anywhere.Com.Inc., 2737 E. Oakland Park Blvd. #203, Ft. Lauderdale, Florida 33306; c/o Florida Professional Property Management, Inc., 2737 E. Oakland Park Blvd. #203, Ft. Lauderdale, Florida 33306; and c/o Florida Professional Real Estate, Inc., 2705 E. Oakland Park Blvd., Ft. Lauderdale, Florida 33306. 4. Respondent Eleanor J. Mattucci is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 584554 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active sales associate with Florida Professional Property Management, Inc., 2737 E. Oakland Park Blvd. #203, Ft. Lauderdale, Florida 33306. 5. Respondent Florida Professional Property Management, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1018391 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 2737 E. Oakland Park Blvd. #203, Ft. Lauderdale, Florida 33306. 6. At all times material hereto, Respondent Steven David was licensed and operating as qualifying broker and officer of Respondent Florida Professional Property Management, Inc. 7, On or about July 14, 2004 Respondents entered into a property management contract with Richard Smith (Landlord) for the management and rental of apartments at 4051 N. Ocean Blvd, Fort Lauderdale, FL 33308. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. . 8. On or about December 14, 2004 Respondents, as agent for the owner, entered into a 12 FDBPR y. Steven David : Case No. 2005005832 Administrative Complaint : months rental agreement with David Porter (Tenant) for unit 321-A. A copy of the agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 9. Respondents, as agents for the Landlord received funds from Tenant for the rental of unit 321-A. 10. At all times material Respondent Steven David’s license became involuntary inactive on March 31, 2004. A copy of the licensing is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent Steven David’s license became active on August 16, 2005. 12. For the period from June 14, 2001 to March 16, 2005 Respondent Eleanor Mattucci was registered as a licensee with Real Estate Anywhere.Com. . 13. Respondent Eleanor Mattucci became a registered licensee with Respondent Florida Professional Property Management on March 16, 2005. COUNT I Based upon the foregoing, Respondent Steven David is guilty of having operated as a broker without being the holder of a valid and current license as a broker in violation of Section 475 .42(1)(a), Florida Statutes and, therefore, in violation of Section 475:25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent Eleanor Mattucci is guilty ofhaving operated as a sales associate for any person not registered as her employer in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475 .25(1)(e), Florida Statutes. FDBPR v. Steven David ; Case No. 2005005832 Administrative Complaint COUNT I Based upon the foregoing, Respondent Florida Professional Property Management, Inc. is guilty of having employed any person as a sales associate who is not the holder ofa valid and current license as sales associate in violation of Section 475.42(1)(c), Florida Statutes and, therefore, 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 fora 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 areprimand; 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 Florida Administrative Code Rule 61J: 2-24.001. 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 FDBPR v. Steven David Administrative Complaint Case No. 2005005832 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this. /5_ , 2005. No Vow Sy pa day of Department of Brttiness and Professional Regulation By: Michael E. Murphy Acting Division Director Division of Real Estate ATTORNEY FOR PETITIONER, A. Santana, Senior Attorney Florida Bar N° 0318360 Division of Real Estate Department of Business and Professional Regulation, periment of Professional Regulater Division of Real Estate wey t 2 = Ullwelos~ . {hy reenter eaten eens het ACHP TRENT EMT-B barter Tate Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX ’ FDBPR v. Steven David Case No. 2005005832 Administrative Complaint AS/k PCP: BB/LI 11/05 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. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, 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 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. SPECIAL POWER OF ATTORNEY AUTHORIZING A ELORIDA. ASSOCIATION OF REALTORS Address, including county , . Doirile.. B3306 as my/our attonpey-in-fact to do any and all of the follcwing: - Se 2 Sexe dated the. dfy of ee oo , oF at 2 price and terms the attorney-in-fact deema proper, the follawing real prape re id personal property owned by me/us: . (0) Real Property: Address:. Lat} (b) Personal Property (major appliances, furniture, etc); — Legal Description: 2 To demand, sue for, and:collect all moneys which may be due and owing to me/us on a lease or contract to lease, or on account of any damage that may occur to the abave-deseribed property, : 3. To apply for the mmoval of a tenant and recover possession of the Property, to the extent permitted by law, and to retain an attorney on my behalf ag necessary for such action. . . i ; 4. To appoint a substitute to perform any of Hie acts that my/our attormey-in-fact is authorized by this Instrument to perform, with the right to revoke such appointment of substitute at will 5. To perform all acts necessary to be done in and about the property, as amply and fully to all intents and purposes as 1/we could do if personally present. : My /our attomey-in-fact may exercise the rights and powers herein granted from the, : day of : ‘ 19, until (specify period of time, date of termiriation, contingency on which powers terminate, or method of termination. such as by written notice) _ _ 5 ‘ THIS DOCUMENT MUST BE SIGNED IN THE PRESEN(E OF TWO WITNESSES AND NOTARIZED a Owner - : Date 1, Reaywe Bas Nw as Sr, Cosonur CREEW, Printed name and address, including county BRowARP QOoun4ry, FL. BBabl Jf Le ahad) QbD. Tahy 14,9004 Owner : a Date . . Bnei name “Ted Including op YJ ede] STATE OF FLORIDA, COUNTY OF t Swom to and subscribed. before me ! UNO sy of Ghee Aro Lf Filner Vise Monk . LP cette Signature of Notary Public - Slate of Florida Se Sen Personally Known, OR Produced. Identifeation ~——_., Type of Identification Produced — My Commission Expires; wD Eaten Sertiesn : = THIS DOCUMENT MUST BE RECORDED ¥ Psdraiinae 208 ALREL_2003., ; ADMINISTR, oe Sopyright © 1883 FLORIDA ASBOGIATION OF REALTORS® _ NISTR ae COMPLA lag (2) Gilende, Fonda O2E72-s028 EXHIBIT # = To ortiar celll your Lanal Board or (4017) 496-1400, axt 2600 PAG E | DRALTAD °F rere 5 _pace_|© Recelved = Aug~O3-06 11:42am FromQ646600041 To-Bakar & Hortatler Page 002 i . day, of * Smith +. and » hereinatier called respectively —- a Richard Lessor and Lessee’ " Performance of the coven: c see - ald tet Unio Leséee’. Ad Las res froin 1 SGC far use asa residence, thasa Pieinises " located ai. 4054 No Océ ilevar =H, Fort ‘Lauderdale’ Fy 33308 for a, tengnoy commencing ‘ain the day McA esshere 200, and ending on’ the mal day |. of Ae bse hep i ty ; ir the - . ‘sum CAL fs of ¢ £00 : Wor each and every month, and with a Security. deposit equal ta g * 700, » on the following TER} . 1, DG able in monthly ihsta, 7 4, . Occupants, : The said Premises shall be Pccupied by nO-more than 2 including children or actuits moet BO , OF improvements made fo b [ 7 ; ADMINISTRATIVE COMPLAINT. pear PAGE EXHIBIT # cj mo, : ! a PAGE | ook a “inquire about Petitioner or 10 se Respondent: shall n ft go to, zy: pany absequent place of Cider The LS ney pe Ctitiouer attends School (lise address of 5 OF the tlitioner's minor by Petitioner) ‘Where Petitioner or -P : ,. b, Resp ondéft may not knowingly come within 100 feet of Petitioner’: MUG & Other provisions répiazay! S Contact: : — - "Respondent shall not USE OF possess a firearm ér ammunition, mw + LUD 6. Respondent sbi = ender an; iti . ot . 7 ra ’ 4, ae Additionay orider(s) necessary to Protect Petitioner fra ny Fepeat violence: SPECIAL PROVISIONS © , visions approved by the chief judge as provided in ow RUPE OIRATIVE COMPLAINT a IS a _* PAGE| O__ a EXHIBIT * swan LD. : ok we ae . 7 PAGE 2 OF ida Supreme Court Approved Family Law Form 12.9 Ten j Ihave Inspectedthe apartment all that apply); . Flooring | New Clean . Walls a ~ : eG Dirty Furnishings - . New, Lessee" Make chiecks payable to: |. Richard Smith _ ee oes 812 N W 26th Straet XN _ Move : Wilton Manors, F133314 é . No incoming a sinetosrerse cond? FoR Ae NG So e incom ——= "EXHIBIT #_2 GEL. te face Roviced 4.05.04 cr ERAT IG pac yw: . uo 7 Mulls AgoisTRarion ron v ‘ebicle #1 (Free of Charge)’ | Year Ade? Model : “ECativa. Make_ Q CMe —_ “ regarding my vebicle(s) and se \of he Parking facilities at Five Coins. } Body Style _ _ Tag #, Vebicle #2 tees ee ey Mo. vee aw Vetireve D “ Color - ‘ Driver's Lic: a Zc ie Be: oo" State. AO . ath Year _ Molt, Make _ _. Body Style ‘Color a . Tag # . a Driver's Lic, # State_. Owner Plow Tee Apeniitat BA 7 Z2 : . dominium Association * now in foice’ | agree to abide by the mules'& regulations of Five Colas Con or that will, be Promulgated pin the ‘future, ‘as well as. any local, state ‘or federal regulations . _ ADMINISTRATIVE COMPLAINT: EXHIBIT 4 OF ‘PAGE a t . a exiigT 2 @: PAGE, 20 EE ETE REE OEM EE eee toepe i OLL Application ‘Licensé Cash Exams (nspection Enforcement Utiities Window Help Hee ADMINISTRATIY — COMPLAINT EMHIBIT 4 a, PAGE tL OF _Ext tcLE_pace. 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Docket for Case No: 06-002128