STATE OF FLORIDA , 20 CCT 1 t Ati yg DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, , /ISION OF Lily m Ur FLORIDA REAL ESTATE COMMISSION ADMINISTRATIVE HEARINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O (0 ~ a q 4 p L 7 vs. : FDBPR Case N° 2005057768 JOHN KENDALL SAWYER IL Respondent. - / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against John Kendall Sawyer IL (“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 sales associate, issued license number 3071310 in accordance with Chapter 475 of the Florida Statutes, 3. The last license issued was as an active sales associate with Transmaxx Real Esiate,Inc., 6555 North Powerline Road #114, Ft. Lauderdale, Florida 33309. FDBPR vs John Kendall Sawyer IT DBPR Case N° 2005057768 Administrative Complaint 4. On or about August 27, 2003, 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 an attest statement: Thave read the questions in this application and have answered them completely and truthfully to the best of my knowledge. 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” and required the disclosure of individual offenses. 7. To the question on the application relating to criminal background, Respondent replied. “No.” 8. In reliance upon Respondent’s application, Petitioner issued a real estate sales associate’s _ license to Respondent. 9. Respondent failed to disclose that on or about June 23, 1989, in Shelby County, Memphis, Tennessee, Respondent was adjudicated guilty for the unlawful possession of control substance. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 10.. Respondent failed to disclose that on or about June 23, 1989 in Shelby County, Memphis, Tennessee, Respondent was adjudicated guilty for the use and possession of drug FDBPR vs John Kendall Sawyer IT DBPR Case N° 2005057768 Administrative Complaint paraphernalia. 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, Tegistration 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 ofa 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 FDBPR vs John Kendall Sawyer IT DBPR Case N° 2005057768 Administrative Complaint 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 ofa 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 F lorida Administrative Code Rule 61J2-24.001. SIGNED this 13x, of J) why , 2006. (rie hauler, Department of Business and Professional Regulation By: Michael E. Murphy 2s : “uchien Division Director Bepartment of Professional Regulate Division of Real Estate Division of: Real Estate FDBPR vs John Kendall Sawyer IT DBPR Case N° 2005057768 Administrative Complaint ATTORNEY FOR PETITIONER Robert P. Blaesser, Jr. Senior Attorney Florida Bar N° 0626538 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: SWE/HF 7/06 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. OY Gb : : : . G Uf OP Bs DBPR 0010-2 - Master Individual Application fe ASS . [ fees Pp _ Flos ide i Fartuse STATE OF FLORIDA 2008 ocr lla ightHere. DEPARTMENT OF BUSINESS AND All PROFESSIONAL REGULATION DIY | sia Ge fh Dy 7 . RightNow Z2pars Jesgum f 225% Be TRative . PERSONAL INFORMATION. Social Security Number” = Tith Suffi Middle. noale uffix Race/Ethnicity (check only one): . #0 Black or African American Q Asian or Pacific Islander Q Native American or Alaskan Native Yet White or Caucasian DB Spanish, Hispanic or Latino © Other MAILING ADDRESS Street Address or P.O. Box —_ (228 wie? ST Zip Code (+4 optional) F7O0tF oye . . 7 | County (if Florida address) ' CONTACT INFORMATION Primary Phone 2 Number Primary E-Mail Address Ho? $234 SCAn—Sav5 Stree! Address : z SAME AS ABo dE ; ; ‘ff County (if Florida address’ ’ or Fl era RIDS-DBPR Oo | ) aa /27/2003 Business/Firm Name aS | Street Address al LYYF COtGWS Ade, # 5357 : | City SURFS) OF Stale, Zz Zip cones optional) | County (if Florida address) BITE, | Country as Qe | ADDITIONAL CONTACT INFORMATION (OPTIONAL) a Alternate oye N Number. E> — YIF2 Alternate E-Mail Address es) “Unger ine Fecers! Povacy Act, ciscosure of Socal Sacunty numbers 1s wOIUTLITy Unies specficady reauired by Federal staune tn ints instance, Socal Sacuny numbers. dp 3 a manaaiory pursuant io Tite 42 Linied States Code, Secuons 653 ana 654: and Secuons 455.203(5), 409.2577, and 409.2598, Flonda’Stawins. Socal Secunly numbers ay? is) {us86 10 allow etfinenl screanmy of applicants snd licensees by a Tite IV-D child agency to axsure Compliance with child xuppon obigations Socal Secumy numbers musi atso be resorted on all profassional and occupsuonal bcense appicavons and will be used for kcansee wWentficabon, pursuant to the Parsonal Responsibility and Worn? Fa Opponuhay Reconckavon Act of 1995 (Wettare Reform Act}, 104 Pub.L193, Sec. 317, = me ADMINISTRATIVE COMPLAINT. e: Exner «| Cfpusa’ v4 3 PAGE Dor can xen EXHIBIT . PRIOR LICENSE INFORMATION : if you currently or previously have held a business or professional license/registration in Florida or ‘elsewhere, please listthem below: ee er ope 't. License/Registration Type License Number q/2. License/Registration Type License Number 3. License/Registration Type. License Number Name Used BACKGROUND INFORMATION Have you ever been convicted of a crime, found. guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a - withhold of adjudication? This question applies to any violation of the taws 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 cour! order pursuant to Section 943.058, Florida Statutes, or applicable taw of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT. : : : Has any judgment 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 pleading with any fraudulent or dishonest dealing, or is there any such case or investigation pending? . Have you ever had an application for registration, certification, or licensure in Florida or in any other jurisdiction denied, or is there now pending a proceeding or investigation to deny such an application? Yes O (If yes, please complete form 0050-1) Yes O (If yes, please complete form 0050-1) Yes O (If yes, please complete form 0060-1 : Yes Q (If yes, please complete form 0060-1) Has any license, registration or permit to practice any regulated profession, Sccupation, vocation, or business been revoked, annulled, suspended, relinquished, surrendered, or withdrawn in Flotida or in any other jurisdiction, or is any such proceeding or investigation now . pending? : ‘If you answered "YES" to questions. 1—4 above, please provide the full details of any criminal conviction, lawsuit or Judgment, or administrative action including the nature of any charges, dates, outcomes, sentences, and/or conditions imposed; the dates, name and location of the court and/or jurisdiction in which any proceedings were held or are pending: and the designation and/or license number for any actions against a license or licensure application. Please ulilize form 0050-1 for your responses to questions 1 and 2, and form 0060-1 for your respanses to questions 3 and 4. If you have more than sevén offenses to document on form 0050-1, attach additional copies of form.0050-1 as necessary. ADMINISTRATIVE COMPLAINT. EXHIBIT #. PAGE ve [| PRIOR LICENSE INFORMATION __ ff you currently or previously have held a business or professional license/registration in Florida or elsewhere, please list them below: : ‘1. License/Registration Type Date (From) ft Ul License Number 2. License/Registration Type. License Nurnber Date (From) i I Name Used 3. License/Registration Type ee VT Date (To) i License Number BACKGROUND INFORMATION : . Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, 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, of applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF ‘YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE - DEPARTMENT, Has any judgment 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 pleading with any fraudulent or dishonest dealing, or is there any such case or investigation pending? : Have you ever had an application for registration, certification, or ; licensure in Fiorida.or in any other jurisdiction denied, or is there now pending a proceeding or investigation to deny such an application? Yes O (if yes, please complete form 0050-1) Yes O (If yes, please complete form 0050-1) Yes O (if yes, please complete form 0060-1 Yes Q (If yes, please complete form 0060-1) Has any. license, registration or permit to practice any regulated profession, o¢cupation, vocation, or business been revoked, annulled, - suspended, relinquished, surrendered, or withdrawn in Florida or in any other jurisdiction, or is any such proceeding or investigation now pending? . . ‘ : - ‘Ifyou answered “YES" to questions 1~ 4 above, please provide the full details of any criminal conviction, lawsuit or ° judgment, or administrative action including the nature of any charges, dates, outcomes, sentences, and/or conditions imposed; the dates, name and tocation of the court and/or jurisdiction in. which any proceedings were held or are pending; and the designation and/or license number for any actions against a license or licensure application. Please utilize form 0050-1 for your responses to questions 1 and 2, and form 0060-1 for your responses to questions 3 and 4, If you have more than seven offenses to document.on form 0050-1, attach additional copies of form 0050-1 as necessary. ADMINISTRATIVE COMPLAINT. EXHIBIT #_/ PAGE OF \\ PRIOR NAME INFORMATION Have you used, been known as, or called by another name (example - maiden name, pseudonym, nickname) or alias other than the name signed to the application? Yes O No =] {f your answer is yes, state name or names used below: Last Name Fi ‘Middl Tith s Mey ie. Fea anf Middle itle uffix Last Name First : Middle Title Suffix Last Name First Middle Tite Suffix ADMINISTRATIVE COMPLAINT. EXHIBIT #_/ pace 4% oF DBPR RE-2010-1 — Real Estate Background Questions REV 06/01 Flown Lnteurt.. STATE OF FLORIDA : Ri tHere. DEPARTMENT OF BUSINESS AND PROFESSIONAL . a REGULATION entire application packet. RightNow NOTE — This form must be submitted as part of an APPLIGANT INFORMATION” Middle hin Fist