STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION® =) > i FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. . FDBPR Case N° 2005051018 RICHARD A. BADOLATO, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Richard A. Badolato (“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 3100724 in accordance with Chapter 475 of the Florida Statutes, 3. The last license issued was as an active sales associate with Coral Shores Realty, Inc., 2699 E. Oakland Park Blvd., Ft. Lauderdale, Florida 33306. 2 40 FDBPR vs Richard A. Badolato DBPR Case N® 2005051018 Administrative Complaint 4. On or about April 17, 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: T have 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 November 22, 1993, in the Circuit Court, Sixteenth Judicial Circuit, Monroe County, Florida, Respondent entered a plea of guilty to driving under the influence, a misdemeanor crime in the State of Florida. 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 August 24, 1981, in the United States District Court, Southern District of Georgia, Brunswick Division, Respondent was found guilty of FDBPR vs Richard A. Badolato DBPR Case N° 2005051018 Administrative Complaint two counts of conspiracy and sentenced to five (5) years imprisonment on Count Three, five (5) years imprisonment on Count Four, both counts to run consecutively and payment of fines in the amount of $30,000.00: A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent failed to disclose that on or about January 31, 1989, in the United States District Court, District of Maryland, Respondent was found guilty of conspiracy to distribute 100 kilos of marijuana and sentenced to three years imprisonment. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 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 IL Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2)(a) of the Florida Administrative Code, which requires disclosure of conviction of a crime 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 FDBPR vs Richard A. Badolato DBPR Case N° 2005051018 Administrative Complaint 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), 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. FDBPR vs Richard A. Badolato DBPR Case N° 2005051018 Administrative Complaint . SIGNED this LA day of , 2007. Department of Business and Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate ht of Professional Revo ATTORNEY FOR PETITIONER MSsIOn Of Real Estate zs : ie Robert Minarcin werk i PRIOR NAME INFORMATION Have you. used, been. known as, or called by another name (example -~ maiden name, peer nickname) or alias other than the name signed to the application? Yes O No If your answer is yes, state name or names used below: Last Name Middle Last Name First Middle Title Suffix. | Last Name Firat Middle Tile Suffix | ADMINISTRATIVE COMPLAINT. exHieit #_| PAGE } OF DBPR RE-2010-1 — Real Estate Background Questions REV 06/01 ,