STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, U Uf 4, p a Petitioner, (o | vs. : , FDBPR Case N° 2005057774 ROBERT SCHIAVO, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Robert Schiavo (“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 3071007 in accordance with Chapter 475 of the Florida Statutes, 3. The last license issued was as an active sales associate with Royal Poinciana Realty Services, Inc., 1515 N. Federal Hwy. #300, Boca Raton, Florida 33432. FDBPR vs Robert Schiavo DBPR Case N° 2005057774. Administrative Complaint 4. On or about May 21, 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. Inreliance upon Respondent’s application, Petitioner issued areal estate sales associate’s license to Respondent. 9. Respondent failed to disclose that on or about December 11, 2001, in the county court of Palm Beach, Florida, Respondent was adjudicated guilty of retail theft and obstruction, both misdemeanors. 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 July 2, 1999, in the county court of Palm Beach, Florida, Respondent was adjudicated guilty of violation of probation, related to a driving FDBPR vs Robert Schiavo DBPR Case N° 2005057774 Administrative Complaint under influence, a misdemeanor. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. COUNTI 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 I 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, 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 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) FDBPR vs Robert Schiavo DBPR Case N° 2005057774 Administrative Complaint 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 a Nay of _<) uty , 2006, ~ Department of Business [horphy te, Professional Regulation wt } nye coated By: Michael E. Murph: meparinent of Professional Régaletie y Division Director y Division of Real Estate Division of Real Estate wat! ap ge FDBPR vs Robert Schiavo DBPR Case N° 2005057774 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. Ob) - ASOINOIO F-49378 GC Sag bo | , #3 DBPR 0010-1 — Master Individual Application Re. , , TRCAg ISIE “eT Hee ri ‘ Pinal Babi. i STATE OF FLORIDA BR ReLnarnns cere aera RighiPlere. _ O=PARTMENT OF BusiNEss ann re : se FEETS. =. PROFESSIONAL REGULATION Br Onasane RightNow , + GR DODGE 129 i A-loS4 204 0 -w785875 BMT acon PERSONAL INFORMATION. Social Security Number* ae : Last Name First Middle Title Suffix eiavO (eo0BChag Birth Date (MM/DD/YYYY) © Gender : - S 1/6 185. Male E’Female O Race/Ethnicity (check only one): 1} Black, African Am.,orNegro Asian or Pacific Islander O Native American or Alaskan Native hite or Caucasian. Q Spanish, Hispanic or Latino [J Other i ‘MAILING ADDRESS; - : 9Y04¢ YYTH way ch : Stat Zip Code (+4 optional) WwECT Phil AgAeet [See (seepel toons | County (Fogg S) Country EM Berend . CONTAGT INFORMATION: © Primary Phone Number Primary E-Mail Address Sel OPE TY, Street Address Street Address or P.O. Box R) City © , -| State Zip Code (+4 optional) + | County (if Florida address) Country BUSINESS LOCATION:ADDRESS- Business/Firm Name. Street Address City ; _ 5 State Zip Code (+4 aptional) County (if Florida address) . Country : . ADDITIONAL CONTACT INFORMATION:(OPTIONAL), — : Alternate Phone Number ot Fax Number Alternate E-Mail Address “Under ine Federal Privacy Aci, disclosure of Sodal Securily numbers is voluntary unless spucifically raquirad by Federal statute, In this tistance, Social Security numbers are mandatory pursuant to Title 42 United States Cada, Sactions 653 and 644; and Sections 455.203(9), 409-2577, and 409.2596, Florida Statutes. Social Security numbers ara used fo allow efficient sersaning of applicants and licensees by a Tile IV-D child support agency to assure compliance with child support obligations, Social Security numbers must also be recorded on all professional and occupational fcenso applications and will be used for licensee Identification pursuant to the Persona! Responsibllty and Wark Opportunity Recancifiation Act of 1996 (Welfare Reform Act), 104 PubL.193, Sec. 317. IN C30 MAY 2 1 7603 PAGE | OF ____ U AUMINISTRATIVE COMPLAI KATIE raut_\3 DBPR RE-2010-1 — Real Estate Background Questions REV 06/01 Pebtath 7 Pu fen. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL R ighifiere, . REGULATION: gnitNow NOTE - This form must be submitted as part of an entire application packet = _APPLICANT INFORMATION. Last Nam Middle ZALIUD | : “__ QUESTIONS. *- . Are you a current member in good standing. of the Florida Bar? Yes 0 No | Are you a high school graduate or the holder of an equivalency certificate? es Are you requesting mitual}ecagnition? From what state are you requesting mutual Yes QO No recognition? -_(™\_/ CONSENT TO.SERVICE Are you a Florida resident? No Q (If no, please read and affirm | eyocable Consent to Service statements below by checking BOTH Items) NOTE: (The following Irrevocable Consent to Service is applicable to non-resident applicants only) QO lagree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the halder of a Florida real estate'license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. | further agree to file with the Divisian of Real Estate the desigriation of the name and address of the person to whom process served upon the Division Director is to be forwarded and ta keep said designation current. + ADMINISTRA WE COMPLAIN EXHIBIT pp -pAGE 2 OF _ MUTUAL: RECOGNITION: *, ‘ “ . a PRIOR LICENSE: INFORMATIGN | : : If you currently or ‘previously have held a business or professional Ticense/registration | in Florida or E| elsewhere, please list them below: 4. License/Registration Type State Date (Fram). | Date (To) : fl / License Number Name Used 2, License/Registration Type Date (From) Date (To) t / I License Number ; Name Used 3. License/Registration Type , Date (From) | Date (To) : / / License Number . Name Used ‘BACKGROUND INFORMATION: - _ 1. Yes O No] t Have you ever been convicted of a crime, found guilty, or entered a “plea (If yes, please of guilty or nolo contendere (no contest) to, even if you received a complete form withhold of adjudication? This question applies to any violation of the laws 0050-1) 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 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 EPARTMENT. 2. Yes'O No Has any judgment or decree of a court been entered against you in this-or (lf yes, please any other state, province, district, territory, possession or nation, in which complete form you were charged in the petition, complaint, declaration, answer, 0050-1) counterclaim, or other pleading with any fraudulent or dishonest dealing, : fis there any such case or investigation pending? 3. Yes O No, Have you ever had an application for registration, certification, or (If yes, please licensure in Florida or in any other jurisdiction denied, or is there now complete form pending a proceeding or investigation to deny such an application? ; 0060-1) 4. Yes 0 No Has any license, registration or permit to practice any regulated (lf yes, please profession, occupation, vocation, or business been revoked, annulled, complete form stispended, relinquished, surrendered, or withdrawn in Florida or in any 0060-1) 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, lawsult ar 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 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 coples of form 0050-1 as necessary. ISTRATIVE COMPLAINT. ADMIN ; eee EXHIBIT tg . eal PAGE _2-— 7! DBPR 0030-1 — Atfest Statement Alnseli d Pisfivnds.. STATE OF FLORIDA ay! th ye, DEPARTMENT OF BUSINESS AND Righter ar - PROFESSIONAL REGULATION Ri ‘ iNow. NOTE -- This form must be submitted as part of an date wie application packet APPLICANT INFORMATION: Applicant Name fea bap aa : x : : -ATTEST STATEMENT. we Thave-read the questions in this application and have answered thern completely and truthfully to the best of my knowledge. . fl | have successfully completed the education, if any, required for the level of licensure, I registration, or certification sought. fs | have the amount of experience required, if any, for the level of licensure, registration, or certification sought. : | pledge to comply with the applicable standards of practice upon licensure, registration, or certification. , ‘ | understand the types of misconduct for which disciplinary proceedings may be initiated. Signature: The foregoing application was sworn to and subscribed before me this 2. Day of MEY. AD. 20.03 by Kdben+ 4 1au9 Ab Type or print name of applicant Signature of-applicant 4] who is personally known to me or who has produced the following as identification. pe of Identification Notary Seal ‘ (Rubber Stamp and Expiration) “Si, Oswald E. Sanchez Sor RCS. Commission # DD 055940 Expires Sep. 10, 2005 Bondad Thru ae ADMINISTRATIVE COMPLAINT. exuiait #__/ PAGE! OF 7 STATE OF FLORIDA . VS. ‘ . ' . ay ASENO. g102721aMH ADR’ 4 ~ 4 So ID COR | SHIAVG, ROBERT. ' OS71%6s59° WE M: 2001350625 mnie . DOB. Roe ss. Sex - Arrest se - (0) RETAIL(THEET . ‘ARR- DATES‘ 1271025 @ dbstnution : 4 Q53725%: biswe _ OOLF 18s VUFLP/ OL ‘agers 42u Bond Reg Alc Type, * Amt Ref i we: LY THOV aay: biel sian, 00 TO. JALL INFORMATION terp: Spanish/ Creole Present/Needed Deft Gees v1consei2D . OF Time Served RECALL CAPIAS C) CAPIAS ORDERED Bond Set §___._ O Bond Forf/Disch : Jail. Mos/Days btain / Waive Atty a | davised of rights Wotom & Testified Cy Indigent ea: (] Not Guilty Temp PD ZPD Appt'd © PD Discharged cro _s NC CT___. Adj: G cT | * NG CT. QO W/Héld CT ( PLEA TO COURT , O Action/piea/bond forfeiture of _____-__ vacated & set aside fo: Giijection to work release O Nolle Prosequi CT © Dismiss CT. . ot ta Muy do th-House Atrest Ysee Order Assessing Cofts/Judginent Yor Fine and/or Court Costs. Allowed until to pay, Ht to doitnmence on / ss M. tal deduct $___________. from cash bond in case # ( REMANDED to be applied . G For service of capias . Cj DONOT FIRST APPEAR Bond set at/reduced to $ _. il sent, Consec/Concur W/ ob Min/Max Y¥rs/Mos Consec/Concur W/ tly term ufter Mos/when conditions are met Hrs Comm Serv in lieu of fine mnditions; __ rs Comm Service/enroll w/in days O W/PBCCS/MBCS program Lo + DUI School/enroll w/in daya BIP/enroll w/in days O VIP/enroll w/in days O No Consum/Poss Alcohal/Drug/Miiid Altering Sub W/O RX Psych/drug/alcoho) eval/treat as needed Q SAAP Drug Ed/Phase 1 () Random aleohol/Drug Test at Deft Expense O HIV Test/ class No violent contact w/victim Restitution $ TO _ . a t Esa) aS RS > - s Prab Term/Rev/Continue Drivers Lic Suspended ______. Mos/Yrs Q Lic Surr SRS Nation for ¢ont granted/ denied or eet ALL ye er 4 t: Araign CsDispo NJ Trial Plea Cal Call Status Prelim Final Sent on s ie at : Deft pres walved/requiréd Also set for: at Clerk to notice Q PD to notice Q Private Counsel ie ‘ le to Judges Office SEE REVERSE SIDE FOR FURTHER INSTRUCTIONS GAL: rothy H. Wilke , Clerk of Court Deft: X Bee pikes Watt Paint Beach Def Counsel: X Roam! , $6 County Complex 200 W, Atlantic Ave., Delray Beacl i Adoni 212, Alo County Complex, . : 3188 PGA Bivd, Palin Beach Gin 4 im TIVE é ADMINISTRATIVE COMDE Ate Courttoom, Ctimiial Justice Bidg, : 38844 State Rodd 60, Balle Glade XBL us Es ir it a Courtroom, Criminal Justlée Comp 7 . 9228 Gun Club Rd, West Palm Br FORM 614 \ —__PAGE ae OF SD) : ‘ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TG TH PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADMINISTRATIVE OFFICE OF THE COURT - 205 NORTH DIXIE HIGHWAY, ROOM 5.2500, WEST PALI BEACH, FL, 33407 TELEPHONE (661) 385-2497, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THis NOTICE. IF YOU ARE HEARING IMPAIRED, CALL 1-800-995-8771; IF VOICE IMPAIRED, 1-800-955-877 EE OF THIS NOTICE, IF VOU ARE HEARING IMPAIRED, CALL 1-800-955-8777; IF VOICE IMPAIRED, 1-800-955-077 Matted To: 77> / JICH’ ‘ JUDICIAL INFORMATION CHARGE AND DISPOSITION PAGE O5 EY SHIAVO ROBERT PSW: 6172823 71 32764 00100 S 98012688TC AD2 001 OF 004 ACCOUNT# O86960WX ARREST# 1998319051 =S SSS SSS Sse= ORIGINATING CHARGE INFORMATION =-s======== = SSsmommsssss ATUTE 316.193(1) TYPE(I,C,M,F,L,0) C DEGREE ATTY (PD, AP,S,PA,CT,SS) ARGE (VOP)DUI OR UBA SRS ncrc rH vio ACIDNT N PI N SPI N FTL N ACT-SPD 000 PST-SPD 00 TE 070299 DIV E DISP G ADJ GUILTY SUSP N PTI DATE 000000 PTI REJ mA G STATUTE AMENDED TYPE DEGREE NCIC RESEND ARGE SRS ME! SRVD N PBCT DOC OTH FOR(M .00 D .00 ¥ .00 ) CRED MDY NC CONS COTRM wW/ COUNT . OB (M .00 D .00 ¥ 21.00) CC-I cCC-II (M .00 D .00 Y¥ .00 ) NC CONS COTRM wW/ COUNT c/S HRS 100 1000.00 ADcC 3 CRCOMP 50 CRIMED 2 JAC 3 GTF 50 TC 3 PDAP PDF .00 50.00 CRSTOP 20 DTF 25.00 CRIFS DUI 135 GRE FDLE COP 25.00 H COURT .00 SRVFEE ' .00 DG TOTAL 1366.00 SP CND: * * * * & P DATE DIV DISP PLEA ATTY NOTES MMENTS: 00102 SCHWARTZ--DEFT PRES W/CO. SENT 10 LONG W/ENDS. PROB AS TO 00103 CT "1" ONLY MAY DO 100 HRS C/SERVICEK IN LIEU OF FINE. 1 AA 00104 MEETING PER WK. ADMINISTRATIVE COMPLAINT. EXHIBIT #20. et PAGE 7 UF ee a

Docket for Case No: 06-004142PL