Feb 14 200? 15:42 g@2/ld/2ae7 16:39 8584146749 DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF AUCTIONEERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2006-002277 JERRY H. FELDMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Petitioner”), filés this Administrative Complaint before the Board of Auctioneers (“Board”) against JERRY H. FELDMAN (“Respondent”), and alleges: . 1. Petitionet is the state agency charged with regulating the practice of auction businesses and auctioneers, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part VI, Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as an Auctioneer, having been issued license number AU 3094. 3. Respondent's address of record with Petitioner is 1071 Lakeshore Drive, Jupiter, Florida 33458. 4, On December 7, 2005, Susie Orchard (“Orchard”) and Jerry H. Feldman (“Respondent”) of Feldman Enterprises, LLC, d/b/a Auction Centre of Jupiter, Florida, entered into a consignment contract to auction Orchard’s furniture at an absolute auction. The terms of Feb 14 2007 15:43 g@2/ld/2ae7 16:39 8584146749 DEPR OGA PAGE @4/ag the consignment agreement allowed for sixty (60) percent to be paid to Orchard and a forty (40) percent cominission fee to be paid to Respondent. 5. Susie Orchard stated that Respondent conducted an auction on the first Saturday after she signed the contract and that several items sold for a total of four hundred ninety seven dollars and fifty cents ($497.50). Orchard’s sixty (60) percent commission amounted to two hundred ninety eight dollars and fifty cents ($298.50). Orchard stated that on December 14, 2005, the first Wednesday after the auction, she and her husband, along with a trick from Habitat from Humanity, went to Respondent’s warehouse to pick up Orchard’s unsold merchandise. Orchard stated that Respondent told her he wanted to hold a second auction the following Saturday but that she refused to agree to the additional auction. Orchard stated that Respondent refused to release her merchandise and that the Habitat for Humanity truck left the warehouse. Orchard stated that she contacted the police and when the police arrived, Respondent refused to allow Orchard to recover her unsold merchandise without charging ber a storage fee in addition to his forty (40) percent commission: The storage fee was in the amount of two hundred ninety eight dollars and fifty cents ($298.50), which was the same amount of Orchard’s commission on the merchandise that was sold at auction. Orchard stated that before Respondent allowed her to take her unsold merchandise, Respondent made her sign over her commission check to him for the storage fee. Orchard stated that she signed over the check under duress in order to pick up her unsold merchandise. In addition, Respondent stated that she and her husband had to rent a U-Haul truck in the amount of twenty nine dollars and sixty nine cents ($29.69) to remove her unsold merchandise from Respondent’s warehouse. Respondent stated. that she did not receive any money for the sale of her merchandise and that the Respondent owes her Feb 14 2007 15:43 2/14/2087 15:39 8584146749 DEPR OGA PAGE 85/89 commission in the amount of two hundred ninety eight dollars and fifty cents ($298.50), plus twenty nine dollars and sixty nine cents ($29.57) for the cost of the U-Haul truck. 6. Respondent provided a written response to the allegations in which he wrote the following: “Mrs. Orchard belongings were picked up on 12/7/05, from two separate locations for auctions starting on 12/10/05. I explained to Mrs. Orchard, as I do with all my consignors, that if an item does not sell or is passed, I would rum the items the following sale. | always allow two weeks. After that time, if there are any items that are not sold I will allow at the consignors choice to pick up or donate the no-sale items. When Mrs, Orchard first spoke with me she requested that I take a reserve on several items. I explained to her that I do not work with reserves and if] consign an item/items I will sell it at market value to the highest bidder. I do use discretion and I try to accommodate all my consignors. When possible I will open with a minimum bid which I feel my consignor will be happy with, Ifno bids J pass that item and try it the following week, as I explained to Mrs. Orchard, This ‘keeps'within the 30 days allowance of Chapter 468.389(1}(c). Please note, the Consignment Control form which Mrs. Orchard si ened states, ‘I commission you to sell the items listed above and on the attached sheet to the highest bidder by public auction...’ I could have sold her item/items with a lower opening bid. I chose not to, I did this out of professional courtesy and to keep my consignor happy. Many, many times when the item is ran the following week it brings a ‘fair’ amount. Also, there were no other charges other than my 40% Commission on the Consignment Contro] form nor were there any clause stating that no-sale items were to be picked up by the consignor. My responsibility is to sel] the items and pay the consignor within 30 days. Mrs. Orchard was in the audience the night of December 10, 2005. She was not happy with the prices her items were bringing, owner’s remorse. She sent the Auction Centre an email on Sunday, December 11%, Yes, Mrs. Orchard Feb 14 2007 15:43 g@2/ld/2ae7 16:39 8584146749 DEPR OGA PAGE 86/a9 contacted me on Monday, December 12 and yes I did not allow her to pick up her no-sale items. I explained again to her the procedure I discussed with her when I first spoke to her.” In addition, Respondent wrote “Final agreement, I would allow Mrs. Orchard to pick-up consigned items if she paid a pick-up and handling fee. She agreed with the Jupiter Police as a witness and signed over her settlement fees to the Auction Centre.” 7. Section 468.389(1)(c}, Florida Statutes, states in pertinent part: Failure to account for or to pay or return, within a reasonable time not to exceed 30 days, money or property belonging to another which has come into the control of an auctioneer or auction business through an auction shall be grounds for the disciplinary activities provided in subsections (2) and (3). 8. Based on the foregoing, Respondent violated Section 463,389(1)(c), Florida Statutes, by failing to return Susie Orchard’s unsold merchandise within a reasonable time. WHEREFORE, Pétitionet respectfully requests the Board enter an order imposing one or more of the following penditiA® Yevocation or suspension of Respondent's license, imposition of an administrative fine not'to"exééed one thousand dollars ($1,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section 455.227(2), Flonda Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455 and/ot 468, Part VI, Flotida Statutes, and/or the rules promulgated thereunder. L E D ~—. pene 24 day of MAPA 2006. Department c Busin ess and Professions} Re AGENCY CLERK ail vena hes CLERK Ss ow £. : ome See G , Feb 14 2007 15:43 g@2/ld/2ae7 16:39 8584146749 DEPR OGA PAGE @7/ag Jessica Leigh Assistant General Counsel By Delegation of the Secretary Counsel for the Department: Jessica Leigh Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Florida Bar No. 0011979 Tallahassee, FL 32399-2202 Telephone: (850) 488-0062 Facsimile: (850) 414-6749 TLimlv Case No. 2006-002277 PQ Gf 3-24. %

Docket for Case No: 07-000785PL