()4-duaote 20 guy STATE OF FLORIDA “ATO A t] DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION TY] FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2008040006 2008040012 DANIEL CHARLES O’ QUINN, 2008040010 2008040014 Respondent. / ADMINISTRATIVE COMPLAINT state of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Daniel Charles O' Quinn (“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 instructor, issued license numbers Hi\ac\o'quinn.doc FDBPR v. Daniel Charles O’ Quinn Case No. 2008040006 Administrative Complaint 1002103, 1002122, 1002144, and 1002061 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an _instructor with South Florida School of Real Estate, Inc., 10899 SW 72° Street #202, Miami, Florida 33173 and The University of Learning, Inc., 2215 N. Military Trail #100, West Palm Beach, Florida 33409; Miami Dade College, 11011 SW 104 Street, Room 8-205, Miami, Florida 33176; West Miami Middle Community School-Dade County Public Schools, 7525 SW 24 street, Miami, Florida 33155. 3. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 3032242 and 684239 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a real estate broker at Trustcom Management Services, P A, 319 East 11™ Street, Hialeah, Florida 33010-4139 and Selldirectrealty.com, Inc., 319 E. 11™ Street, Hialeah, Florida 33010-4139. 4. On or about August 12, 2007 Respondent renewed Respondent’s real estate instructor’s permit for license #1002103 without completing the seven (7) hour continuing education requirements. COUNT ONE Based upon the foregoing, Respondent has obtained a license Hi\ac\o'quinn.doc 2 FDBPR v. Daniel Charles 0’ Quinn Case No. 2008040006 Administrative Complaint by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1) (m), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of failure to comply with the continuing education requirements of Rule 61J02- 3.011, Florida Administrative Code and is, therefore, in violation of Section 475.25(1) (e) of the Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT Case No. 2008040012 5. Petitioner realleges and incorporates herein Paragraphs One through Three above. 6. Respondent is licensed as an active real estate instructor, holding license #1002144. 7. On or about August 12, 2007 Respondent renewed Respondent's real estate instructor’s permit without completing the seven (7) hour continuing education requirements. COUNT THREE 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. Hi\ac\o'quinn.doc 3 FDBPR v. Daniel Charles 0’ Quinn Case No. 2008040006 Administrative Complaint COUNT FOUR Based upon the foregoing, Respondent is guilty of failure to comply with the continuing education requirements of Rule 61Jd2- 3.011, Florida Administrative Code and is, therefore, in violation of Section 475.25(1) (e) of the Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT Case No. 2008040010 8. Petitioner realleges and incorporates herein Paragraphs One through Three above. 9. Respondent is licensed as an active real estate instructor, holding licenses # 1002122. 10. On or about August 12, 2007 Respondent renewed Respondent’s real estate instructor’s permit without completing the seven (7) hour continuing education requirements. COUNT FIVE 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. H.\ac\o'quinn.doc 4 FDBPR v. Daniel Charles 0’ Quinn Case No. 2008040006 Administrative Complaint COUNT SIX Based upon the foregoing, Respondent is guilty of failure to comply with the continuing education requirements of Rule 61J2- 3.011, Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e) of the Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT Case No. 2008040014 11. Petitioner realleges and incorporates herein Paragraphs One through Three above. 12. Respondent is licensed as an active real estate instructor, holding license # 1002061. 13. On or about August 12, 2007 Respondent renewed Respondent's real estate instructor’s permit without completing the seven (7) hour continuing education requirements. COUNT SEVEN 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 EIGHT Based upon the foregoing, Respondent is guilty of failure to H.\ac\o'quinn.doc 5 FDBPR v. Daniel Charles O’Quinn Case No. 2008040006 Administrative Complaint comply with the continuing education requirements of Rule 61J2- 3.011, Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e) of the 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 permittee 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 and Florida Administrative Code Rule 6132-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity H:\ac\o'quinn.doc 6 FDBPR v. Daniel Charles 0’ Quinn Case No. 2008040006 Administrative Complaint 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 permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61032-24.001. H:\ac\o'quinn.doc 7 FDBPR v. Daniel Charles 0’ Quinn Case No. 2008040006 Administrative Complaint Signed this day of , 2009. ATTORNEY FOR PETITIONER ’ ZK seman F¥orida Bar No. 506877 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 /k PCP: RE/HF 3/09 ago FFON vision at Hi\ac\o'quinn.doc 8 FDBPR v. Daniel Charles 0‘ Quinn Administrative Complaint NOTICE TO RESPONDENTS the 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 of the 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. H:\ac\o'quinn.doc 9

Docket for Case No: 09-003632PL