STATE OF FLORIDA 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° 2003073633 FRANK CHARLES POLLARA, ' ; Ol- SO PU Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Frank Charles Pollara (“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 3016638 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Marco Island Real Estate Center, Inc., 924 Windward Drive, Marco Island, Florida 34145. FDBPR vs Frank Charles Pollara FDBPR Case N° 2003073633 Administrative Complaint 4. On or about October 16, 2001, Respondent submitted to Petitioner an application for licensure as a real estate sales associate. 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.” “If you answered “yes” attach full details including dates and outcomes.” 7. To the question on the application relating to criminal background, Respondent replied “Yes.” 8. Respondent needed to disclose with detail all criminal convictions. 9. Respondent disclosed some of his criminal convictions. 10. In reliance upon Respondent’s application, Petitioner issued a real estate sales associate’s license to Respondent. FDBPR vs Frank Charles Pollara FDBPR Case N° 2003073633 Administrative Complaint 11. Respondent failed to disclose that on or about January 25, 1984 he was charged with ‘Count 1 Trafficking in Cannabis, Count II Conspiracy to Traffic in Cannabis, Count Il Trafficking in Cocaine. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 12. On the trafficking in Cocaine charge, on or about August 22, 1986 Respondent was sentenced to 5 years probation, adjudication was deferred, and Count J and I were Nolle Prossed. 13. Respondent failed to disclose that on or about September 29, 1988, Respondent was adjudicated guilty on the charge of Trafficking in Cocaine. 14. Respondent failed to disclose that on or about November 26, 2001, Respondent was charged with Count 1 Grand Theft, and Count II and I Contracting without a License (a misdemeanor). A copy of the certified court documents is attached hereto and incorporated herein ‘as Administrative Complaint Exhibit 3. 15. Respondent failed to disclose that on or about September 20, 2002, Respondent was adjudicated guilty on one of the misdemeanor counts, adjudication was withheld on another and the felony charge was Nolle Prossed. 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. FDBPR vs Frank Charles Pollara FDBPR Case N° 2003073633 Administrative Complaint COUNT I Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61]2-2.027(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) 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 FDBPR vs Frank Charles Pollara FDBPR Case N° 2003073633 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 (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this 2 day ot__ Octobre 2004. Department of Professional Regul: Division of Real Estate Cierk adic . 70/227 ate sai PCP: NM/HF 10/04 ler eiy Gescta of Business ani Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER A, Santana, Senior Attorney Florida Bar N° 318360 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 FDBPR vs Frank Charles Pollara FDBPR Case N° 2003073633 Administrative Complaint 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. RECEIVED Noy _, ®Wisio 2007 oct i6 2001 " OF ig ESTay, DO NOT WRITE OR PRINT TREASURER GF LTRIDA-DEER ACCT 1000008444 LOC 7900701 FOR DEPOSIT GNLY 16/25/01 ENT 3900729 AT Losoas4 VEL 1034711 $144.00 Not to ba FIBUVISION IEREAL ESTATE QUAL. VERIFIED was ED.CRS FP CD' uf EQUIV. ‘ APPROVED SCHOOL# DENIED DEPARTMENT OF. BUSINESS AND PROFESSIONAL REG DIVISION OF REAL ESTATE Hurston North Tower, 400 W. Kobinson St., P.O. Box 1900 APPLICATION FOR LICENSURE AS A REAL ESTATE PERSON- REQUIRED FEE $144.00 (fee includes first license) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with BLACK INK. Fill aut carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. : ~ Legal Name: B | | (OQ Tf : C harle.< ast, 5 Personal Malling 7 Zy lw [thre vei {number} {straet) - MPtto Feland Collie Fe BA 4a {city county state] zip code . (a) Your Residence | [ZS 3 Ni i Th ¢ Zot Lrer> Address: {number} {street} Maceo fetend Collec Fu. 34/4c Cc) a coe county state ° . . —— zip, a] ime Teleph (F4l Of -— (O07 EMai . EC Poilan WAoL (b) Daytime Telephone No.: ( ) 4 2 — (4 E-Mail Address A {Notify tha Divlsi anent addrass change.} \ } i Dh | Date of birth Zy 5. Place of birth “Passm ij Bast ao Ns. Cl Female Hvate . Social.Security,No.: pepe idar the Fedaral Privacy Act. disclosure of Social Security numbers Is voluntary unlass specifically: required by Faderal statute. {1 this Instance, social security imbera ate mandatory pursuant to Title 42 United States Code, Sactions 664 and 654; end sections 455,203(9), 409,2577, and 409.2598, Florida Statutes. Social curity numbors ara used to allow efficiant acraening of sppliceants and llcansess. by a Title [V-D. child support agency ‘to assure complisnce with child support ligations, Social Security numbers must also be-racordad:on ail prafassional and occupational license applications and will be used for Ucensaa {dentificetlon pursuant tha Personal Responsibility, and Work Opportunity, Reconciliation Act of 1996 (Walfare Reform Act}, 104 Pub:i.193, Secd17. ° ~ . tes ty hdh ute Mt eo IGS HA ves oO No Are you a high school graduate or. the holder:of a 9 . ve CNo 10. Eves ONo 11, 12. 13. 14. 15. O Yes NO _ Are you presently declared: mentally incor Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if you received a-withhold of adjudication. This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether . you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to-answer “NO” because you believe those records have been expunged or sealed by court order ) pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible far verifying the expungement or sealing prior to answering "NO". \f you answered "Yes," attach the full details inctuding dates and outcome, including any sentence and conditions impased 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 MAY RESULT IN THE REVOCATION OF YOUR LICENSE OR THE DENIAL OF A REAL ESTATE LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR THE DIVISION OF REAL ESTATE, ; eer (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, deciaration, answer, counterclaim, or other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, Including any appellate court, in which you are charged in any Pleading with any fraudulent or dishonest dealing? (tf 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 or ara pending? , (a) Have you previously filed any application for licensure in this state as a real astate salesperson? {f so, state when; {b) Have you failed any previous examination for licensure as a real estate salesperson in this state? If so, state when; os fm Have you ever been denied, aor ts there 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 an application for such a license, in this or any other state, province, district, territory, Possession or nation, because of allaged fraudulent or dishonest dealing or violation of law? {a) Has any license, registration or permit to Practice any regulated profession, occupation or vacation been revoked, annulled or suspended in, this or any other state; province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? o, . peda yt no : *'(b) Have you aver rasigned or withdrawn from, or surrendered, any license, registration or permit to Practice any regulated profession, occupation or vocation while such charges were pending? (c) Has any broker's or salespersons license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or cauntry? (Hf Medianswer,to\questiags 12 or 13 (a) (b) & (c} is the affirmative -"Yes" - attach 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, pending and give the nature of the charges and state. the facts.) : . attempted to operate, orheld yourself out as being entitled to operate! asa “real estate salespérgon of broker, in.this’stata, within one year prior to the filing of this application when yau were not, in fact, the holder of a valid, current license authorizing you to do so? peterié by afi RBUAVSTRATIVE COMPLAINT ~ . , EXHIBIT (If your answer is "Yes", attach a statament giving the full details.J an wo a : PAGE “16. O YEs NO Have you used, been known as or called by anather name or alias other than the name. ; ; cee oe , Signed to the application? (If your answer is yes, state namé or names used, the period . mad , ’ “of time and placa where used.). : a : i . . . . 17. Jes ‘ONO ~ {a} Are you a legal resident of Florida? (b) If your answer to question 17 {a} is “NO”; what state ara you a legat resident of? In addition, please read and sign the irravocable consent to service below. NOTE: (THIS (RREVOCABLE CONSENT TO SERVICE Is APPLICABLE TO NON-RESIDENT APPLICANTS ONLY} | agree, by becoming the halder of a Florida real estate license, ta submit to the jurisdiction of the Department of Business and Profassional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. ; ! agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receiva service of all legal process issued against me in any administrative or civit action or Proceading in this state, and process so served shall be valid and binding, which agreement Is irysVacable. | furtharmagree to file with the Division of Real Estate the designation of the name and address of the parson to whom Plogess served upeerthe Division Director is to be forwarded and to keep said dasignation current. * Signature 14. If you have held-a licanse and registration as a real estate broker or salesperson in Florida at elsewhere, so state. AS a salesperson in tram ' to (stata) A\s-a broker in from : — too : . (state) a ee icanse Number: Nama used SE . ee AFFIDAVIT OF APPLICANT _ ; tate of Floude County of 1 Colley Tha above named, and undersigned applicant for licensure as a real-estate salesperson under the provisions of Chapter 476, lorida Statutes, as‘amandaed, upon.being duly sworn, deposes arid says that (s)he Is the person so applying, that’(sthe has carefully aad-the application, answers, and ‘the attached Statements, if. any, and that all such answers and statements are trua and correct, nd-are as complete as his/her knowledge, information and racords Permit, without any avasions or mental raservations whatsoever; tat (s}ha knows of no raasan why this application should be denied; and (s)he further extends this affidavit to cover all amendments 2 this application’ or further Statements to the Division or its representatives, by him/her In response to inquirlas concerning his/her uallfications. : he foregoing application was sknowledged before me this la day 1 NOVY B51. 20D). . A “ As or print name. of applicant , Stgnature of applicant identification, . Signature of Person taking ackn NoMAMSAISTRATIVE COMPLA TERR SMe Exon PAGE DOF o ae EMPLOYMENT INFORMATION UPON PASSING THE EXAMINATION; APPLICANTS WILL RECEIVE AN INACTIVE LICENSE BUT MAY REQUEST AN ACTIVE LICENSE UPON: SECURING EMPLOYMENT BY FILING FORM 400.5 WITH THE DIVISION OF REAL ESTATE. IF YOU NEED TO START WORK IMMEDIATELY UPON PASSING THE EXAMINATION, BRING A COMPLETED 400.5 FORM TO THE EXAM SITE, | THIS IS AN APPLICATION TO TAKE THE STATE EXAMINATION FOR LICENSURE AS A REAL ESTATE SALESPERSON, WHEN RECEIVED BY THE DIVISION OF REAL ESTATE THIS APPLICATION WILL BE PROCESSED AND IF YOU MEET THE QUALIFICATIONS IN F,S, 475.17 YOU WILL BE APPROVED TO SIT FOR THE SALESPERSON EXAMINATION. PROCESSING TAKES APPROXIMATELY 30 TO 90 DAYS. THIS APPLICATION SHALL EXPIRE 1 YEAR FROM THE DATE RECEIVED IF THE APPLICANT FAILS TO TAKE THE APPROPRIATE EXAMINATION. PLEASE NOTE THAT THE PROCESSING FEE IS NOT REFUNDABLE. ; THIS APPLICATION MAY BE FILED BEFORE OR AFTER COMPLETING THE PRELICENSURE EDUCATION COURSE, IF AN APPLICANT DOES NOT PASS THE LICENSING EXAMINATION WITHIN 2 YEARS AFTER THE SUCCESSFUL COURSE COMPLETION DATE, THE COURSE IS INVALID FOR THE PURPOSES OF OBTAINING LICENSURE, AN APPLICANT MUST SIT FOR ‘AND PASS THE REAL ESTATE EXAMINATION SEFORE THE EXPIRATION DATE OF THEIR COURSE. NOTICE TO PERSONS WITH A DISABILITY If you have a disability and May require some accommodation in taking this examination, BE SURE to requast, fill out, and return the “Request for Accommodation" form (DRE 701) along with your. application. If accommodation is not requested in advance, we cannot. guarantee the avatlability of accommodation, Anyone interested in obtaining a copy of the DRE 701 form may contact the Division of Raal Estate at (407) 245-0800. : . . : IMPORTANT INFORMATION TO BE ADMITTED TO THE EXAMINATION YOU MUST PROVIDE TWO (2) FORMS OF SIGNATURE __ IDENTIFICATION-ONE: OF WHICH MUST BE PHOTO-BEARING. YOUR NAME ON YOUR APPLICATION FOR LICENSURE AND Your IDENTIFICATION MUST READ THE SAME, . 2 MACRTUMOD 1M CHINE ek Mant? fates, ay a ge exuipt_! page! 2. os “a 1 TERE Ba SS aE i i. rn wom ” RECEIVED NOV ~7 2001 : DWISION OF REAL ESTATE ADMINISTRATIVE COMPLAINT. EXHIBIT #¢ a ee PAGE ee ae ee) vec eee nee eee SRT a gery - sv mnarrerieann ye = =, . _ IN THE CIRCUIT COURT OF ‘THE SEVENTEENTH JUDICIAL CIRCUI ; IN AND FOR BROWARD COUNTY, FLORIDA , . THE STATE OF FLORIDA _ - INFORMATION FOR vs, : : ee FRANK CHARLES POLLARA 1, TRAFFICKING IN CANNABIS ___ JOHN SALVATORE MATARAZZO____ I CONSPIRACY TO TRAFFIC IN.CANNABIS IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA: MICHAEL J, SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for tha State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney, charges that : » onthe. 25th day of Janay, AD, 19__84 In the County and State aforesaid. did then and there unlawfully and knowingly have in thelr actual or constructive possession, a controlled substance, to-wit: Cannabis, in an amount In excess of one hundred (100) pounds, but less than two thousand (2,000) pounds, contrary to F.S. 893.!25(Ma)(l) and F.S. 893.03(1)(c)3 and FS. 893.13(1)(aX2), . : : COUNT IL AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through _ his undersigned Assistant State Attorney, charges that FRANK CHARLES POLLARA and JOHN SALVATORE MATARAZZO on the 25th day of January, A.D. 1984 in the County and State aforesaid, did then and there conspire, combine, agree, or confederate with one another to commit a criminal offense, to-witt Trafficking In Cannabis, a controlled substance, in that the sald Frank Charles Pollara and John Salvatore Matarazzo did conspire, combine, agree or confederate to possess Cannabis, In an amount In excess of one hundred (100) pounds, but less than two thousand (2,000) pounds, and as part of this conspiracy Frank Charles Pollara‘and John Salvatore Matarazzo met at'Colony West County Club, Tamarac, Florida, where money to be used to acquire possession of the Cannabis was displayed, contrary to F.S. 893.135(4), F.S. $93.03(1)(c)3, F.S. 893.135(1)(aX1), and F.S. 893.13(1)(aN(2), COUNT Ill - soy AND MICHAEL J, SATZ, State Attorney of the Seventeenth Judiclal Circult of Florida, as Prosecuting Attorney for the State of Florida In the County of Broward, by and through his undersigned Assistant State Attorney, charges. that FRANK CHARLES POLLARA on the 25th day of January, A.D. 1984 in the County and State aforesaid, did then and there unlawfully dellver to Thomas Tiderington a controlled substance, to-wit: Cocaine, or a . mixture containing Cocaine, in an amount of twenty-eight (28) grams or more, but less than two hundred (200) grams, contrary to F.S. 893.135: 1XbX1) and F.S. 893.03(2)(a)4., and F.S. 893.13(1)aX1), . . ID/jj/2/14/84 . a . “ . . - "> ADMINISTRATIVE” COMPLAINT “BQNSIT fa (PAGE POF 2 : oO pipe 2 pace! 2! oe ee . MAR 1 96 = TO THE WITHIN INFORMATION QgERT.£. LOCKWOOD . COUNTY OF BROWARD . STATE OF FLORIDA : Personally appeared! batore me... _..JEPERY_DRIsSCcOLh__ . duly appointed as an Assistant State Attorney of the 17th Judicial Cireurt of Florida by MICHAEL J. SATZ, State Attorney of said Cir- _ cuit and Prosecuting Atinrnay for the State of Florida in the County of Broward, who being first duly sworn says thit testimony has heen received unuar oath fram the material witness or witnesses and that the allegations as set forth in the foregoing Information are basp ‘acts that have been sworn to as true by the materia! witness or witnesses and which, if true wou he has instituted this prosecution in good faith, por WAled¢ é, fei! Circuit at Florida yy _ Sworn to and subscribed before mo this Vi day of J A. A.D. 19 ROBERT E. LOCKWOOD” ? i Clack af the Circuit Cou, i 8; ¥ fo : ‘ iw at By, eat FEB 17 1904 JOHN SALVATORE ,MATARAZZO / Stood ‘mute In open Cour Not To the within Information, Defendant pleaded_____Guifty” plaa—enter DEFENDANT FRANK CHARLES POLLARA Clark Clreult Court of the, PLEADED NOT GUILTY IN WRITING .BY of Copt ATTORNEY | - . ROBERT E. LOC! BY: on BROWARD COUNTY, FLORIDA f a) ¢ . i Wh | 32 | oR. g| . See ne 7 i 2/28 & } g mi 4s20 “slam < Fy ze gi pas oO. BY Pa ES > S § BSlgm la § Ga 4 SO a) owe zie peje [m8 ABQ E esol "se a |? ee 26 RP REA 8 Fe ag gous |: f)°85R!| 32 3] Bho File Bp|238 tm 3 Ax s g 5 ZekO #98 . a az a% afosse {0 £9 SB a] . 296 ZO oF] PBS 62 ne s| 982 aE | *25 1G z) 388 ze | Fo IR B. } bal : ou i} z ° re) z B a and coréct cepy of the original. ADMINISTRATIVE COMPLAINT. WITNESS MY a eee Seem (ab | EXHIBIT gb - op on ; SO HOWARD: FORMAN we a oo OF CLERK.O TY & PARCUIT COURT | ceitify this document to be a true - . § ; . we . / COUNTY, FLoRiOA’ OR rere +t 6 STATE OF FLORIDA §8406948 pivision _ FJ ~ KORDA . -n- CASE NUMBER St ; . ST. ATTY. “TOK Cheeta rel CT. APTA. . e. : The Defendant, Ln kK Rooc les yh Wout: « baing personally before this Court represented by —— latin Corte hus attorney of record, ang having: - (Check Applicedie O__ Been tied and found guilty of the following erimats) Proviavon) Entered a pie of guiity to the following crmeta} O Entered 2 pies of nolo contandare t0 the following crimatad OFFENSE STATUTE DEGREE CASE vi COUNT CRIME, NUMBER(S) F CR NUMBER a” red Sc 4 in, Coroung, Dit 1387 ayia" if 7 err ru ee er nee en hawiip Deen shown wn hr De ee ~ ind no cause howng Deen thawn why the Defendant should nor be adjudested guilty, IT 1S OROEAED THAT the Defenaenr rs ‘roby ADJUDICATED GUILTY of the above CrIMOLt) seccccesaseccecees ‘The Defendant is hereby ordered to Pay the pum of twenty dollare (620.00) mS i fendant is "3 wn © The Detancont is ordared to pay an edditional sum of two Gollars ($2.00) pursuam to F.8.243,25(0).-~ (This proviaian rs optional; not applicable unten checked), . . O Sarve 50.3 hours Community Service Pur: nt 0S P.e.27, 3658" bo Chock if Apoticable) CO) The Defendant is furinar erated to pay a fine in the tuni-af 8 eg pursuant to #.5, 778.0835, " 2 (This provision raters 10 the optiBnal fine tor the Crimes Companistion Truat Bund, and iy nor R epohcadle unless checked and completed. Fines imposed as part of a sentence puriuent to FS. . . 775.083 ars to be recorded on the Sentence Dagaia)). i O The Court hireby imposes additional count costs in the sum ors 2 3: mposition af Sentence oi Tne Court hereby stays and withholds the imposition of memes 0 coun) me a itayed and Withheld and places the Dafendant onpewkuskemter » period of een Cosa Cae, raey Cheek if Applicebi} under the supervision of the Department of Correctians {conditions of probation sat forth in separate ay order.) ° . hao’, ered O The Court hereby defers imposition of sentence untit . ay dow! Laver Dave © Pay 0200.00 Trust Fund Pursuant a0 P.8,27.2458 (95 0G (celal . Check if Applicabte! a ye The Defendant in Open Court was advised of his ght to appeal from thit Judgment by filing notice of appeal with the Clark € Court within thirty dave following the date sentance is imposed oF Probation is ordered pursuant to this adjudication, The De- endant was siso advised of hie right to the a tance of counsal in taking cad appeal at the expense of tho State upon showing of digence, 7 HOW CLERK OF OPNTY coUNT(s} :. DAYS SROWARO CO. JATL WITH CREOIT FOR DAYS TIME SEAVED, iy lla FQ. JUDGE a . STEVE RODEN 2COURT DEPUTY and Tithe DONE AND ORDERED in Open Coun at Broward County, Florida this OU L__ day of A) i + U HERESY CERTIFY that the ebove ent forest ing fingerprints ara the fingerprints of the Defendant, A eo Ti that thay were placed thereon ys von ; resance in Open Court this date. = POMALRTST RAT. VE COMP LAINT. fon (c XHIBIT # PAGE sECORNED IN THE OFFICIAL RECORDS BOOK ety BROWARD COUNTY, FLORIDA L.A. HESTER « . AUNTY ADMINISTRATOP naga 3 OF cCL-8 exniprt 2 __paae_| 23 3 )=—S=—SS—SsSTTHE CIRCCUIT/COUNTY COURT; IN AND FOR BROWARD COUNTY, FLORIDA . oo FAILURE TO PAY FINE BY THE BELOW DATE MAY RESULT IN A WARRANT FOR YOUR ARREST , . AAND/OR THE SUSPENSION OF YOUR DRIVER'S LICENSE AND DELINQUENCY FEES IM! ot a, RORAC/SURETY Pp awi4 . ., _ DATE Bo2-SBWseno. BS 908CE-Aanmest No. S 25 SUMMONS/CASH BOND AGENCY COUNT EG PROBATION W/SPECIAL CONDITION xf License suse, ___eStitemes RR ES CASAP/DUISCHOOL ___________ CASAP EVALUATION >= $ cosT. Y ve os EMTF = a Lut 2ig JAIL TIME a > st OTHER s Rc [a] a £5 « 3 zag i) . a a6 a E & Be Fe 5 a8 6SNee2 We @ at cc ny ~35< mere ae S pared COUNTS) TIME SERVED DAYS Oo & a Oras free count . se = at o> s FINE cast EJ Vc. cic ras’ ey = me C2 count mua ew = $ FINE: cost * vc. cc taku So H couat Bo 8 i L ve $ FINE cost Ed ¥.C. cic o~ a me gE rei COURT me Ete $ FINE cost EJ vc. ce a BES gs: Puuss DEFERAAL FEE TO: LL Ye Yeas {DEPUTY CLERK) FILE COPY . ; THE CIRCUIT COURT, FELONY DIVISION, IN AND FOR BROWARD COUNTY, FLORIDA ARREST NO.__BS84-3160 “ron Ic —t TRUST FUND HOURS COM. SERVICE DATE. s- ARS la case NO.. 84-908CF-A DeFenDanT___FRANK CHARLES POLLARA COURT STATUS (1 CHANGE OF PLEA HOURS COM. SERVICE © PLED NOLO CONTENDERE . PROBATION W/SR_. CONDITION LICENSE SUSP. —____HOURS, CASAP/DWI SCHOOL. FINE PLUS 5% SURCHARGE III. TRAFFICKING IN COCAINE BROWARD COUNTY, ERNOLLE PROSEQUI cts. §& If Ne TES -pt__hoveacance ky KereOes MPLAIN n i ADMINISTRATIVE CO EXHIBIT Heo FLORIDA ment to be a true the original. D.AND SEAL ie copy of t _ Lcertify this docu WITNESS MY HAN and correc! on: S OF PAGE DC. FORMAN HOW, CLERK BY page_! 2S ; Ss BIT. EXHI D.C. NT & CIRCUIT COURT IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ~* GRIMINAL ACTION CASENO: CF-() OL” REZ 7- CFA STATE OF FLORIDA vs. : (RRA) FRANK CHARLES POLLARA bi ber ~ = fl o0C€©S>= Race: White Sex: Male o gj faa S mR 2 D.O.B.36/24/1942 $ Z| eS sae SS #: 139-34-0116 a Bj TR 2= ay i ong sm INFORMATION CAPIAS For: ac Si € = o 1) Grand Theft, F.S. 812.014, Third Degree Felony . ES) a ef 2) Contracting Without A License, F.S. 489.127(1)(f), First Degree Misdemeanor ‘£? 4 3) Contracting Without A License, F.S. 489,127(1)(f), First Degree Misdemeanor IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA: JOSEPH P. D’ALESSANDRO, State Attorney of the Twentieth Judicial Circuit of the STATE OF FLORIDA, by - and through the undersigned Assistant State Attorney, prosecuting for the STATE OF FLORIDA, in the County of Collier under oath information makes that Frank Charles Pollara, Count(s): 1. Between November 01, 2000 and October 31, 2001 in Collier County, Florida, did knowingly obtain or use, or endeavor to obtain or use, money or property valued at three hundred dollars ($300.00) or more, the property of another, to-wit: John Bly, as owner or custodian thereof, with the intent to temporarily or permanently deprive the owner or custodian of a right to the money or property, or a benefit therefrom, or to appropriate the money or property to the defendant's own use, or to the use of any person not entitled thereto, contrary to Florida Statute 812.014, . 2. Between November 01, 2000 and August 21, 2001 in Collier County, Florida, did unlawfully engage in the business or act in the capacity of a contractor or advertise himself, or a business organization as - . available to engage in the business or act in the capacity of a contractor without being duly registered or certified, contrary to Florida Statute 489.127(1)(f), 3. Between November 01, 2000 and September 27, 2001 in Collier County, Florida, did unlawfully engage in the business or act in the capacity of a contractor or advertise himself, or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified, contrary to Florida Statute 489.127(1)(f), : 2 mty, 0 y that 'the ebove instrument is a true and ~ ve ost which is on file in my office in tha courthouse uv iuys -y ; anty , Florida oy, iny hard and seal “bgp to . Co BACCK, CLERK 4 a 7 —— pr + nwieht E. Brock, Clerk of Courts in and for Cattlar So: 4 . : ry against the peace and dignity of the STATE OF FLORIDA, & Page 1 wan ADMINISTRATIVE COMPLAINT. i te EXHIBIT PAGE Ws _, OF RE: FRANK CHARLES POLLARA, CF JOSEPH P. D?ALESSANDRO, STATE ATTORNEY By: NATE: Robert R. Hagaman* Assistant State Attorney Florida Bar Number 0032699 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8470 STATE OF FLORIDA, COUNTY OF COLLIER Personally appeared before me, Robert R. Hagaman, Assistant State Attorney of the Twentieth Judicial Circuit of the State of Florida, being personally known to me, who being duly sworn, says that he files this information in good faith and certifies that he has received testimony under oath from the material witness or witnesses for the offense, which if true, would constitute the offense therein charged. “RODE bee Robert R. Hagaman Sworn to and Subscribed before me this 5 ny - day of Qaeda, 2001, by Robert R. Hagaman, personally known to me. Kathryn H, Wilson MY COMMISSION # 00039743 EXPIRES Juy & 2005 RHEE NC Fe Notary Public a Presented and filed in the CIRCUIT COURT this a lo day of OMIA LA Le. —___, 2001 DWIGHT E. BROCK, CLERK OF THE COURT . a BY: f , . 8 a 3 ’ Deputy Clerk i a ie eo | i =“ = ' a Z ADMINISTRATIVE COMPLAINT. = 2 J EXHIBIT # = a PAGE zZ OF ' Page 2 exw 2 pace_!3% hd - qe late Printed:12/19/2001 : Sheriff's Office PART I 7 Collier. County Naples, Florida. Agency ORI Number FL 0 1 1 0 0 0 0 DEPT. OF CORR. NO. BOOKING NO. .| ARRESTING AGENCY Pe eres ae [eT FBI NO, FODLENO.. OoOBTS NO. , 2120838 LAST NAME FIRST NAME MIDDLE RACE DATE OF BIRTH AGE =, rant Se Pe Ts [ese AKA #1 (Last, First Middle) : AKA #1 DOB AKA #2 (Last, First Middle) AKA #2 DOB SOCIAL SECURITY NO. DRIVERS'S LICENSE NO. DL STATE VALID DL Er WEIGHT HAIR HAIR STYLE FACIAL HAIR EYES GLASSES SKIN ADDRESS . RESIDENCE PHONE 1253 COLLIER BLVD. # MARCO ISLAND FL 34145 CITY OF BIRTH . STATE) SCARS/MARKS/TATOOS JUVENILE DISPOSITION MARITAL STATUS | CITIZENSHIP OCCUPATION —— a ADDRESS BUSINESS PHONE KOTE 924 WINDWARD AVE., MARCO ISLAND (941) 642-1002 NEXT OF KIN / GUARDIAN PHONE RELATIONSHIP JOHN MILLER 9413941657 FRIEND NEXT OF KIN / GUARDIAN ADDRESS APT CITY ST ZIP MARCO ISLAND, FL MARCO ISLAND FL 34145 HOOKING DEPUTY ncic FCIC LOCAL Ce {206 BONDING DEPUTY 7 OFFICER BOND AMO iT BOND 'TYPE: (SURETY, CASH. +500 Ssvueety RELEASED? (Name of Bondsman /Depositor, CASH BOND NO. ee | , 1 ley $ Jimmy's Ak- 5733) HOLD {Y¥-N HOLD FOR ARRAIGNMENT (Felony, ; ARRAIGNMENT Misdemeanor Pa [paces |-2.2-CD. ran OYS|oe tines | J juvenile a “OZ 90 lve indo WANTS ‘, Ouignht E. Brock, Clerk of Courts in and for Coitter County, do haroty certify that the above inalrement is a true and correct copy of al which is on file in my offica in the courthouse in Naples Seunty , Florida , der my hand and seal this jo fe tay ot = be 7 | ADMINISTRATIVE COMPLAIN DWIGHT £, BROCK . CLER EXHIBIT FL _ Depuly Gtk PAGE _ 2 OF eT pace_! <0 CLERK ccso SAO PUBLIC DEFENDER DEFENDANT es \AY S 0 CHARGE PART Li Agency ont Number FL 0 1 1 0 0 0 0 , FBOHD |(CHARGE /BOHD ||CHARGE sBOHD HOTICE TO APPEAR GENERAL OFFENSE CHARACTER P PRINCIPAL GENERAL OFFENSE CHARACTER DRUG TYPE [pooner | VALUE / Qry. f Sheriff's Office Collier County Naples, Florida LAST NAME, FIRST NAME POLLARA, FRANK ARREST DATE ARREST TIM 12/19/2001, 0900 ARREST LOCATION 924 WINDWARD AVE. CRIME LOCATION COLLIER COUNTY ARRESTING AGENCY Cccso GEOGRAPHI! INDICATOR 6101 |W-WARRANT CRIME DATE 11/26/2001 ae ee ee ee eee CHARGE DESC GRAND THEFT - $300 - $5000 COUNTS} FLA. STATUTE . oe . 1 |812.014-2cl1 WARRANT NO- DATE OF WARRANT |STATE| LEVEL OF OFFENSE BOND SURETY OR CASH (cstv) 012839CFA 11/26/2001 |FL |F - FELONY Cash 2500 Surety 2500 gail GENERAL OFFENSE CHARACTER DRUG TYPE : DRUG UNIT P PRINCIPAL ; ACTIVITY VALUE / QTY. WEAPON : 0.00 0.00 CHARGE DESC ENGAGE CONTRACTING BUSINESS W/O CERTIFICATE COUNTS! FLA, STATUTE . 1 |489.127-1LE£ DATE OF WARRANT |STATE] LEVEL OF OFFENSE BOND SURETY OR CASH (CSU) 11/26/2001 |FL |M - MISDEMEANOR Cash 1000 Surety 1000 dail VALUE / ary, 0.00 0.00 CHARGE DESC ENGAGE CONTRACTING BUSINESS W/O CERTIFICATE WARRANT NO. 012837CFA ACTIVITY . COUNTS] FLA. STATUTE 489.127-1£ (csv) dail DRUG UNIT ACTIVITY 0.00 0.00 oO | understand that should | willfully fall to appear before the court as required by this notice that | may be held in contempt of court and a warrant for my arrest shall be Issued. Furthermore, | agree that notice concerning the time, date, and place af all court hearings should be sent to the aforementioned address. | agree that It is my responsibility to notify the Clerk of the Court anytime that my address changes. Oo | hereby promise to be and appear in the appropriate court at the time and the place designated by this notice. couRT: [] County (circuit (J duvenile 4 ADDRESS: oO Defendant can pay a fine in lieu of a Court Appearance Fine: Sworn to and subscribed before me this ex Ad te 1 ADMINISTRATIVE CG re exnipt_> pace |4{ Sheriff's Office Collier County LAST NAME, FIRST NAME Naples, Florida POLLARA, FRANK A Ness Agency ORI Number FL 0110000 - - RRESTED CO-DEFENDANTS PART Ill IEFENDANT DID THE FOLLOWING ACT(S) WHICH CONSTITUTE A VIOLATION OF THE LAW (ELEMENTS OF THE CRIME / PROBABLE CAUSE STATEMENT RANK CHARLES POLLARA WAS LOCATED AND ARRESTED AT 924 WINDWARD AVE. (POLLY - KOTE) ON CAPIAS JARRANT # 01-2837-CFA. Sworn to and subscribed before me this THE ABOVE STATEMENTS ARE TRUE TO THE BEST AT Lt OF MY KNOWLEDGE, INFORMATION, OR BELIEF l day of [ 4 wat COMPLAINT LL WH Cel | ZY ALS (Notary/Deputy) Comm entetant FORCEMENT OFFICER T.p- NO. i PAGE. S” og SGT. RANDY KIDD : 0160 , -_ ne pace 42 pace 3 oF 3 EXHIBIT_—_ * A. CIRCUIT COURT MINUTES AND JUDGMENT TWENTIETH JUDICIAL CIRCUIT, COLLIER COUNTY, FLORIDA State of Florida vs. POLLARA, FRANK CHARLES Case Number: 0102837CFAFGB Preceeding Typesz Statute /Level/Depgree Count Description Filed 312.014 1 (FT) 1 GRAND THEFT : Y 189.127 1F (MF) 2. ENGAGE IN CONTRACTING W/O CERTI Y 489.1287 1F (MF) 3 ENGAGE IN CONTRACTING W/O CERTI Y APPEARAN CE MOTION HEARINGS — Pre Wi latte by /atty w/o atty Bond Limine Suppress Failed to A ppear Dismiss Other , BW Ordered-Bond Set @ $ Denied Granted - Bond Estreature Ordered Court Reserves Ruling ,, ‘~~ & ROR Revoked : <7 SF Set Aside BW = Set Aside Estr-Bond Remains Active m2 Set Aside Estr-Bond Discharge o ROR Reinstated Be z Other =o i “= =] - wT Ss i) nm Bel CONTINUANCE VOP/VOCC - HEARING Case Continued to Arraigned - Pl NG to VOP/VOCC ARRAIGNMENT ; Hearing Set for JURY TRIAL NON-JURY PIG Pl to HEARING SENTENCING Adj. Guilty’ Adj. Withheld Status Check” _ Other ; Court Finds G N/G Request of STATE. DEFENSE Prob/Comm Control Reinstated Speedy Trial Waive Prob/Comm Control Modified / ‘ Terminated Prob /Comm Control : Revoked /Terminated # Owlht £. Brock, Clerk of Courts In and for Coutter County , do reby certify that the above instrument is a true and correct copy of L ariginal which is on file in my office in tha courthousa in Naples. er County, Florida ” 1 of 2 Page oy ie and soa thi Continued on Next Page al this, day of : ADMINISTRATIVE COMPLAINT WN aude Same Terms & Cond as Previously Ordered Brought Forward EXHIBIT #3. PAGE (oof , Perm tte tre pan, EXHiot_=?__pace_ 143 Continuation of Proceedings St. vs POLLARA, FRANK CHARLES Case No, 0102837CFAFGB PLEA : VERDICT PG Guilty Ju Sworn Date 14S ZF NC Nolo Contendre SS — Gull Ad Jury ______ Amended Offense ~___ Not Guilty b ery —— Giilty o of LI ia Mistrial Waives Formal Filing of Info. ~__ PSI Oedared] Waived Nous ——— . PDR Ordered LO Lesser Offense : —— Guilty b ity Non Jury ; = Not Guilty by Now. Jury — Sentencing Set For LO Degree Misd/Fel ____ Date of Verdict ISPOSITION JUDICATION JUVENILE +t _Nolle Prossed Withheld c+. 2. ___ Court Finds Adult ~___ Dismissed i _ Adj. Guilty , ct. 3 Sanctions ___ State Orally Announces No Information SENTENCE ‘ Prison Mos. Yrs, Concurrent ; Consecutive Minimum Mandatory Years Jail Days/Mos. Yrs ____ Concurrent “~__ Consecutive CTS Days from arrest ~__ Prison Credit Ordered (to be figured by DOC) , -Comm. Control Yrs. ss SO. Sex Offender Probation Cc wos __~SYTTSS, ~~ DO Drug Offender SENTENCING PROVISIONS N-Non Rpt : ce : ministrative Habitual Offender Violent Habitual Offender Youthful Offender uc TENS SPECIAL CONDITIONS. Comm. Service in Lieu of Fine Comm. Service Hours —— Subject to Random Drug Testing Termination Evaluation by Court Counselor & Follow Recommendations — Anger Management Costs Imposed Are a Condition of Probation 30 Days t to Appeal — Courts hn PAGE ADMINISTRATIVE JEIDGEA: EXHIBIT #_? ASSESSMENTS Fine + 5% Surcharge $ $20.00 County /City Court Costs ig $50. 00 $30.00 Crimes Comp. Tr, Fund riminal Justice Tr. Fund . ~~ __ $2.00 Criminal Justice Ed. ~__ Cost of Inv. $ ublic Defender Fees } _/_ Restitution $ _____ Costs Converte eC i agment ____ Restitution Reduced to Civil Judgm: ent _____ All O/S Monetary Obligations Reduced to Civil J | Judgment 4 / $200-00-Local Gov’t Cr. Tr. Fund LZ $3.00 C ae $ 3S CoP F- RR _ OF exit? pace 144 State of Florida Ve . . POLLARA, FRANK CHARLES Defendant ‘FINGERPRINTS OF DEFENDANT 0. L.Little I HEREBY CERTIFY that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, POLLARA, FRANK CHARLES and that they were placed thereon by the defendant in my presence in open court this date. : Page _ anmin@frative COMPLAINT EXHIBIT #_3 PAGE 4 OF __ eae S_page_ 145.

Docket for Case No: 06-003710PL

Issue Date	Proceedings
Oct. 25, 2006	Undeliverable envelope returned from the Post Office.
Oct. 25, 2006	Undeliverable envelope returned from the Post Office.
Oct. 16, 2006	Order Closing File. CASE CLOSED.
Oct. 13, 2006	Motion to Relinquish Jurisdiction filed.
Oct. 10, 2006	Undeliverable envelope returned from the Post Office.
Oct. 10, 2006	Undeliverable envelope returned from the Post Office.
Oct. 06, 2006	Unilateral Response to Initial Order filed.
Sep. 29, 2006	Administrative Complaint filed.
Sep. 29, 2006	Agency referral filed.
Sep. 29, 2006	Initial Order.