STATE OF FLORIDA 2) yyy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' 22 £ 5 FLORIDA REAL ESTATE COMMISSION , FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, | Petitioner, b7 - D 7 ¢ Da Pp Lv vs. FDBPR Case N° 2005050264 JAMES RODNEY LANCASTER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against James Rodney Lancaster (“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 3071544 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Lisa Vanacore, 994 SW Baya Drive, Lake City, Florida 32025. FDBPR vs James Rodney Lancaster DBPR Case N° 2005050264 Administrative Complaint 4. On or about November 12, 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: Ihave 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 a real estate sales associate’s license to Respondent. 9. Respondent failed to disclose that on or about October 24, 1996, Respondent was tried and found guilty by a jury for the purchase of cocaine and possession of cocaine in violation of Section 883.13, Florida Statutes, both charges being felonies in the State of Florida. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. FDBPR vs James Rodney Lancaster DBPR Case N° 2005050264 Administrative Complaint 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, 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; 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), FDBPR vs James Rodney Lancaster DBPR Case N° 2005050264 Administrative Complaint 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 subj ect 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 \'} day of ment of Professional Re Division of Real Estate Department of Business and Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate FDBPR vs James Rodney Lancaster DBPR Case N° 2005050264 Administrative Complaint ATTORNEY FOR PETITIONER James P. Harwood Senior Attorney Florida Bar N° 425941 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 5/07 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 maiter 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. l Pree ae a a WU HOYT Y | DBPR 0010-2 — Master Individual Application 1 / /4 he ’ FS RBASURER OF FLORIDA-DBPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND “ee CR LOG7900199 PROFESSIONAL REGULATIQN JUN 2 DEPOSIT ONLY 12/68/2003 N22 Pp Bi sgize2s 2 =101© |. (0367007 Social Security Number* He ‘4 Apia A ai] ye Last Name) gucnsdfer~ First FJamiFs Middie R. THe aECEIVED Birth Date (MM/DD/YYYY Gend "721 701-51 Mate male 0 ISEP_1.2 005 Race/Ethnicity (check only one) . " OF A eae or African American O Asian or Pacific islander Q Native American or Alaskaryhghy . hite or Caucasian ~_Q Spanish, Hispanic or Latino OQ Other Street Address or P.O. Box 92 SA. bobble t. anh? ve. et ee State Zip Code (+4 optional) he Cit [S* =e | ZAOZLS County (if Florida addres: Wy J | Country ; he ; ALS Primary Phone, mio q Primary E-Mail Address Street Address | City " [se [ Zip Code (+4 optional) County (if Florida address) | Country Business/Firm Name Street Address City State | Zip Code (+4 optional) [County (if Florida address) Country Alternate Phone Number Fax Number Alternate E-Mail Address *Under the Federal Privacy Act, disclosure of Social Secujity numbers is voluntary unless specifically required by Federal statute. in this instance, Social Security numbers are mandatory pursuant to Title 42 United States Code, Sections 653 and 654; and Sections 455.203(9), 409.2577, and 409.2598, Florida Statutes. Social Security numbers are used to allow efficient screening of applicants and licenseés by a Title IV-D child support agency to assure compliance with child support obligations. Social Security numbers must also be recorded on ail professional and occupational license applications and will be used for licensee identification pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec. 317. Pa 1 : . £ ‘ ADMINISTRATIVE COMPLAIN, rq Ww exit |__ PAGE. EXHIBIT # PAGE } OF | If you currently or previously have held’a. business of professional license/registration in Florida or elsewhere, please list them below: 1. License/Registration Type License Number License Number State ‘Date (From) Date (To) I t / L Name Used Name Used 3. License/Registration Type State L Date (From) License Number Date (To) / t Name Used 1. Yes O | No 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 7 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 P YOUR LICENSE, IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY: OR CONTACT THE DEPARTMENT. 2: Yes Q No Has any judgment or decree of a court been entered against you in this or {if 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, or is there any such case or investigation pending? : 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 of investigation to deny such an application? 0060-1) Yes Q No Has any license, registration or permit to practice any regulated (If yes, please complete form 0060-1) profession, occupation, 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? Jf 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 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. * IGT EG EXHIBIT # wanis PAGE OF Paariivias 4 ~ Wate ‘e) Have you used, been known as, or called by another name (example - maiden name, psousonym. 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 First Middie Title Suffix ‘Last Namie First Middle Title Suffix [test Name ° First Middle Title Suffix ADMINISTRATIVE COMPLAINT exHiait 4_. l . 3 CG DBPR RE-2010-1 — Real Estate Background Questions REV 08/03 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ~ REGULATION : NOTE — This form must be submitted as part of an entire , application packet Last Name / AWCA ter 7 OS ars Middle a ‘Title Suffix Are you a current member iri tanding of the Florida Bar? Yi om Are you a high school aduate or tHe holder of an equivalency certificath? Yes 0 O Are you requesting mutual teco on? From what state aré you requesting. mutual recognition? Yes Q No = : : Are you a Florida resident?/V es io O If no, please read and affirm Irrevocable Consent to Service statements below by checking BOTH items) NOTE: (The following Irrevocable Consent to Service is applicable to non-resident applicants only) Q Iagree, by becoming the holdef 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. Q. agree, by becoming the holder of a Florida réal 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. I further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. Ales MEN EXHIBIT wo pT Sous PAGE pf —_ DBPR 0030 — Attest Statement 2p me a STATE OF FLORIDA ty > 2 DEPARTMENT OF BUSINESS AND by 2 PROFESSIONAL REGULATION Ang sig, 30 NOTE - This form must be submitted as part of an BUS Toh OF application packet 4 Ay Nie Yy ve Applicant Name: James R. Aoneaster — Social Security —— | License Applying For: Reo eS fate Application type (Check one): Telephone Number: ©. EO-2SF -9F8F Exam Initial License Q | have read the questions in this application and have answered them completely and truthfully to the best of my knowledge. , | have successfully completed the education required, if any, for the level of licensure, registration, or certification sought. | 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. Lunderstand the types of misconduct for which disciplinary proceedings may be initiated. Signature: to A ZF : é The foregoing application was sworn to and subscribed before me this / Ee Day of Nid | 20 05 | by Danes K Leyve +9tel owe fe hom ‘Type or print name of applicant : é “ Signature of applicant . | who VA known to. me or who has produced the following as identification. Type of identification b Signat#ire of person taking acknowledgement Notary Seal (Rubber Stamp and Expiration) Delores B. Brannen is MY COMMISSION # 0203482 EXPIRES es May 16 2007 “ARGS BONDED THRUTROY FAIN INSURANCE INC. “Under the Federal Privacy Act, disclosure of Social Security numbers is voluntary unless specifically required by Federal statute. in this instance, Social Security numbers are mandatory Pursuant to Title 42 United States Code, Sections 653 and 654; and Sections 455.203(9), 409.2577, and 409.2598, Florida Statutes: Social Security numbers are used to allow efficient screening of applicants. and licensees by a Title IV-D child suppott agency to assure compliance with child support obligations. Social Security numbers must also bé recorded on all professional and occupational ficense applications and will be used for licensee identification pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act}, 104 Pub.L.193, Sec. 317. ADMINISTRATIVE COMPLAINT. EXHIBIT #_f DAE Revised 07/31/2002 DBPR RE-2000-1 — Application Requirements REV - | & 7, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAYIDN ae 1940 North Monroe Street Uy 2 Tallahassee, FL 32399-0783 a 2p 2 fiiy apgivis,, & > eas) (4 Hel ‘S rE oF vention cenuiren a a SAG AMY, Application requirements vary depending on the license type being applied for. The following table "GS & provides detail of the required forms for the various types of applications. You can also apply or renew licenses online and make payments by credit card by viewing the DBPR Online Segvices section located at http:lIwww.myflorida.com. \f you have any questions or need assistance in comptdlttieyosebeptication, please contact the Customer Contact Center at (850) 487-1395. Please submit this checklist with your application. Required Forms ( By Form Number) Check Action Requested License Type Application Fee Sales $152.00 Associate 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Sales $152.00 Associate (Mutuai Recognition) Broker $162.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Broker (Mutual $162.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Recognition) Registered $277.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1, Trainee 2060-1 Appraiser Q Certified $377.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 Residential Appraiser : Q Certified $377.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1 | General Appraiser Q Non-Resident $50.00 0010-2, 0030-1, 2000-1, 2020-1 Temporary Appraisal Practice Permit Q Instructor — $152.00 0010-2, 0030-1, 0050-1, 0060-1, 2000-1, 2010-1, Real Estate 2030-1 ALMINISTRATIVE COMPLAINT. EXHIBIT # PAGE OF Probation Violator In the Ci_it Count, THTRN Judicial Circuit, —__ Community Control Violator in and for_ COLUMBIA County, Flotids Retrial Division —BELONY case Number Wa-NICK Annis Bod oneal Latucltg—ddstnal) tepresented by ‘epresented by ig Gn WD been tried and boa guilty by 7 wean of the following crime(s) = —. entered a plea of guilty to the following crime(s) ae ——.. entered a plea of nolo contendere to the following crime(s) Se om or Basa rarat ve — Cae VAY! RTT hz —— and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and pursuant to section 943.325, Florida Statutes, having been convicted of attempts ot offenses relating to sexual battery (ch. 794) or lewd and lascivious conduct (ch. 800) the defendant shail be required to submit blood specimens. and good cause being shown; IT IS ORDERED THAT ADJ UDICATION OF GUILT BE WITHHELD. _____ the defendants Drivers License SP RE PHRRTECS fas hin years. EXHIBIT #___ 2 moe INE PACE (oo Sane iran TATE OF FLORIDA FINGERPRINTS OF DEFENDANT 25. RIGH® LITTLE RIGHT MIDDLE 4.RIGHT RING s 8 T_MIDDLI 9. LEFT RING | ‘(NGERPRINTS TAKEN BY: 2 20 Zn Z4 Mis I HEREBY RTIFY THAT THE ABOVE AND) FOREGOING ARE THE FINGERPRINTS OF THE ; KOLA aso THAT THEY WERE PLACED FENDANT IN MY PRESENCE IN OPEN COURT THIS DATE. ‘FENDANT, IERON BY THE NE AND ORDERED IN OPEN COURT IN LAKE CITY, COLUMBIA COUNTY, FLORIDA, THIS oO DAY OF ,19% . ADMINISTRATIVE COMPLAINT EXHIBIT 4 ns ae: sone oO ences nme asscne & ! 3 FLORIDA ~ In the Cireutt Court, THIRD Judicial circu dn and for - COLUMBIA . County, Florid Division FELONY Cast) ese nabar_ Ie IE OT CHARGES /COSTS / FEES he defendant is hereby ordered to pay the following sums if checked: x x x $50.00 pursuant to section 960.20,Florida Statutes (Crimes Canpensation Trust Fund). $3.00. as a court costs pursuant to section 943.25(3),Florida Statutes (Criminal Justice Trust Fund). $2.00 as a court cost pursuant to section 943.25(13),Florida Statutes Criminal Justi Education by Municipal#ties and Counties). 62% 5 mn A fine in the sum of $ _____ pursuant to section 775.0835 ,FIg - Statutes. (This provision refers to the optional fine for the Crimes Compensation Trégt Fund and is not applicable unless checked and canpleted. Fines imposed. as a part of a sen- tence to section 775.083,Florida Statutes are to be recorded qin *the dBhtences page(s $20.00 pursuant to section 939.015,Florida Statutes (Handicappadiand Bjderly Securit: . ~ Assistance Trust Fund). Me Fh Sak - . a A 10% surcharge in the sum of $ . pursuant to section 27430836 lorida Statutes (Handicapped and Elderly Security Assistant Trust Fund) A sun Of S$ 200.00 Pursuant to section 27.3455,Florida Statutes[Local ‘Government Criminal Justice Trust Fund). A sum of $ pursuant to section 939.01,Florida Statutes (Prosecution/Inves- tigative Costs). . A sum of § pursuant to section 27.56,Florida Statutes (Public Defender Fees). Restitution in accordance with attached order. Other DONE . ORDERED open court in LAKE CITY, COLUMBIA County , Floridz ris ye day of + 19) A . ADMINISTRATIVE COMPLAINT. EXHIBIT #2 PACK BP me fet nner nae tC RE Department of Busi ne een Professional Regulati Division of Real Estale ~ . Phone: si74atsoee Kathleen Koeberich, Chief of Enforcement . . Fax: 407.317.7245 4uu Weat Robingon Street, Suite N801 ‘wit, MivCloriga camidhor ere Odanda, Florida 424011.1767 3/26/07 1001 JUN 22 P 230 ; PUYISION OF Dear Sir or Madam: ADM! INISTRATIVE Please conduct an official search of your records for Pindictments, adjudications and sentencing of James: Rodney Lancaster, Date of Birth-12/10/51, Social Security #264-04-9309, SIDAFL- 03548666, Sex-M, Race-W, Height-6'00, Weight-265, Eyes-Blue, Hair-Brown. After review of the above individual's FeVFDLE background check ft was found that on the following dates this individual was apres an Voir |e 41. Cocaine purchase, Gi cote Please furnish this Offig orders for the above . Copies). There show and Professional oa Exemption from sour. this chapter or idw to judges, state attd i appointed private: state agencies, clerks of the circujt, fax ((407) 317-7245 h this (ting on behalf of ye ad litem, court- elal capacity, and assessed by the ind, please mail or Gigse cae — Justi re & (407) 317-7675 = Investigation Specialist | 25 Bureau of Enforcement b fone a Ww us Ns) | eo Division of Zeal ¢ Stake. Ker Wed RA, AVE COMPLAINT. Drlandor EL aaa oe EXHIBIT # PAGE ¢ OF... “U5

Docket for Case No: 07-002783PL