My STATE OF FLORIDA , ‘Ss DEPARTMENT OF BUSINESS AND PROFESSIONAL RiGinaTIhR FLORIDA REAL ESTATE COMMISSION“ YSN Bi ». 0 42 Mii; GM FLORIDA DEPARTMENT OF BUSINESS SNS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2005030173 JOSEPH EDWARD MACKEY, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Joseph Edward Mackey (“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 tules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales _ associate, issued license number 698286 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive sales associate at 5000 Parrish Lane, Safety Harbor, Florida 34695. A7 FDBPR vs Joseph Edward Mackey ‘ FDBPR Case N° 2005030173 Administrative Complaint : . 4. Respondent mailed out flyers advertising real estate services, such as listing properties, filling out sales contracts, and finding properties to purchase. 5. At all times material, Respondent was not acting under the supervision of a real estate broker. 6. Respondent failed to notify the Department of his new employer within the requisite thirty days. COUNT I Based upon the foregoing, Respondent is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Rule 61J2-10.025 of the Florida Administrative Code and Section 475.25(1)(c), Florida Statutes. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed as a sales associate in violation of Section 475 42(1)(b), 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 for a period not to exceed ten (10) years, imposition of an administrative fine 2 FDBPR vs Joseph Edward Mackey — FDBPR Case N° 2005030173 Administrative Complaint 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 (2001) 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 _/S" dayof_G/LWipuchee— 2005. nent of Professional Regulate: artmient of Busihess rar Division of Real Estate Professional Regulation . By: Michael E. Murphy h : Gers - 2 Acting Division Director Bier a Division of Real Estate whe Jose FDBPR vs Joseph Edward Mackey FDBPR Case N° 2005030173 vos Administrative Complaint es + es 6 ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce, Senior Attorney Florida Bar N° 182796 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 SNRP/ZR/k PCP: BB/LJ 11/05 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 allowed by law, 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. 4

Docket for Case No: 06-002368PL