\O-1I2WPL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008043560 SCOTT JAMESON WELTZ, Respondent. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Scott Jameson Weltz (“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 H:\ac\weltz.doc FDBPR v. Scott Jameson Weltz Case No. 2008043560 Administrative Complaint 3196093 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate without a current employer at 200 Leslie Drive #425, Hallandale, Florida 33009. 4. In or about April 2008, Rossini responded to an advertisement placed by Respondent for the rental of property located at 808 S. Southlake Dr., Hollywood, FL 33019. (Subject Property) . 5. On or about April 8, 2008, Rossini signed a contact to lease the subject property. (Petitioner's Exhibit 1) 6. Per Respondent's instructions, Rossini wrote two checks made out to Respondent for the application fee ($100) and the deposit ($2950). (Petitioner's Exhibit 2) 7. Respondent cashed both checks. 8. Respondent did not deliver the funds to his broker of record. 9. Respondent did not deliver the funds to the owner of the property. 10. After the subject property was rented to another tenant, Rossini requested the return of the $2950 deposit. 11. Respondent has not returned the $2950 deposit to Rossini. H:\ac\weltz.doc 2 FDBPR v. Scott Jameson Weltz Case No. 2008043560 Administrative Complaint COUNT ONE Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1) (d)1., Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft.entrusted to her as agent of the registered employer in violation of Rule 61J32-14.009 of the Florida Administrative Code and Section 475.25(1) (k), Florida Statutes and, therefore, 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 H:\ac\weltz.doc 3 FDBPR v. Scott Jameson Weltz Case No. 2008043560 Administrative Complaint 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 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; H:\ac\weltz.doc 4 FDBPR v. Scott Jameson Weltz Case No. 2008043560 Administrative Complaint 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 6172-24.001. Signed this 27? day of July __, 2009. ATTORNEY FOR PETITIONER Lite «¢&= Patrick James Cunningham Senior Attorney Florida Bar No. 469221 S27367/ 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: RD/GS 7/09 H:\ac\weltz.doc 5 FDBPR v. Scott Jameson Weltz Case No. 2008043560 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of 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\weltz.doc 6 PRO PERTY. ce dncedarbe Wf * . ___turalind we teron 1 04/09/08. a EMPEC TIN -+ Rea dubs, _childrén on Bel mishod, except for + tf J inwemory Anached Td — $2,950.90 " §.2..980.,00 a $a gso.00) ws $F,250:-00 8, zishe. 20 wo $5591 906. 00 Biers check o or wired funds. | SUeTRATNE CONPLANT JEXHIBIT: # ok FO\BE PMD BY THE P. RF i " . NOT APPLICABLE “Nor APRLICABLE * Refisse’Coflection Pest Cone! ‘ _Fumihings oy si be . -Ansecinion: Bees fl) - Tr: mensivoved. ip foregosretaftuting: cach init. befom dosing, En ‘copy, vor thi -eandiominiur B uble, Wis, ‘Contract te contingent: Mupan. aed cere, soe tomers “associat Gon ‘approval, id pay non-refaridsible a ; . UP APPROVAL ifTengangags ng ‘ta the vbligali jon To appeat or ans yan en Thade- tir apres’ to"be mache ws parties » d Tena shal! id ply: wrth, atlcouny ontinunces,, crank: accents such property ax described and eveptince ofan iewentony by de Teaatt weleases the. “ oS T. z Fenamt has previcoed * and inure: sOrthe:heriefit aki ch Simtiex and icin Tespective etn: pearl ‘ign the: Cisniragt svisheteahe, 7 r nthe ewan gan ‘action againgr the braid arty ‘For te amouni sah the ponies Had Abelbreaching, parry d.dothe eventofany sudh litigation. this rol. Ln the event Qfoon fics his. Cohiract shall prevail. over the Listinys jon salle, entitled vo-anipineys. fees bind ‘cobis, © : 1 Re-pramises.of this Gonsract, the: depusitts}i paid: iy agreed 10: bbe paidiy lord “al agreed ‘upon as-tiquidand seeges, nsiteration, for the cxeeution ‘of: a ti dn full'son aneast df. Raiyatlaims, ane “If-Landlord fils ¢ to poffoun: anya lames things frei Loindhord kb rial crecuted ‘bythe oaed | transac: sion. shail expense a tye sagreme tn scorn . id fount incorpormting. abo. rac ai "Bc oe sia be exceuted by pal 2 os itn. 2s) 08 ‘ex aed mig; sign ay 224 and provide their tax , ‘ eee ‘Landilor understands that the Broken must switihotd i" questfon: ‘ai, Donor: rely on. soraliuprecepiatio itor Inks Lease, Of Rent Proper t be nie fa os rhésigme, Gal Lied are is. s8ourds "his . “azound Ke. prems Faulty coutlets:, wsnsbane enoyal' will be ‘executed at least ‘3: weeks peter wt " to. Bease: inception sand the. ‘Preitises will be subject. to Tenant _Inspection Pa and. “AEPFOveL. . : ne tye fa vabletup i 3 Lease; cctupa by Tonint or apa initial, payinent of cent whiaheve, "dames first: ‘ fivsnnee i rin, Landlord shall pay Broker fee of -_25.- % of tach a : retain bye! Limdle bie, should ‘Tenant defuuk or: Lenidlenet vaote al The sdeponit first.ghall he ap 1 upplicdble, sucosedirig maint Tent, upon the signing Of the. oa * Lease and! dus brakers:shall ied {fim it-U'the first.month'sinent and, Sueending montis ‘applicable; is’less than ao so s foe, Oe? the tas! crenk is-collect ‘ i oe. LY Fenant’s deliult vei bao. days: thoreuficr Fenaay, Tenant ce “will pay Broker(s) an udditional ‘fee oft . ws - TT a hyp LANDLORD ~~ DATE © "205947 9886 Sr tm mg, ronna ombed “pave Bete wee

Docket for Case No: 10-001126PL