STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS 10 -| jor AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008059936 RICHARD ALLEN LAFUZE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Richard Allen Lafuze (“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 broker, issued license number 657676 Hi\ac\lafuze.doc FDBPR v. Richard Allen Lafuze Case No. 2008059936 Administrative Complaint in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive broker at 7100 Knollwood Drive, Navarre, Florida 32566. 4. Respondent Richard Allen LaFuze was the qualifying broker for Realty One Services, Inc., a licensed brokerage in the state of Florida. 5. At all times material Respondent, as broker for Realty One Services, Inc., assumed management responsibilities for properties owned by James R. Wright. 6. At all times material Respondent LaFuze, the qualifying broker for Realty One Services, Inc., is responsible for maintaining and controlling the security deposit escrow account for all properties managed by Respondent and Realty One Services, Inc., 7. On or about August 1, 2008, in the County Court of the First Judicial Circuit in and for Okaloosa County, Florida a Default Final Judgment was entered against Realty One Services Inc., for failing to deliver to James R. Wright, the security deposits held by Respondent for properties managed in the amount of $9,935.00. A copy of the judgment is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. COUNT ONE Based upon the foregoing, Respondent is guilty of failure to H:\ac\lafuze.doc 2 FDBPR v. Richard Allen Lafuze Case No. 2008059936 Administrative Complaint account or deliver funds in violation of Section 475.25(1) (d)1., Florida Statutes. COUNT TWO 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. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 8. Petitioner realleges and incorporates herein Paragraphs One through Four above. 9. On or about January 23, 2009, Respondent LaFuze was served notice to deliver to Petitioner’s representative, investigator Jack Case, copy of the management agreement, leases and security deposit information for the properties managed by Respondent and owned by Wright. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 10. Respondent failed to provide business records to Petitioner’s representative. 11. On or about June 19, 2009, Respondent was served notice to provide to Petitioner’s representative, Investigator Case H:\ac\lafuze.doc 3 FDBPR v. Richard Allen Lafuze Case No. 2008059936 Administrative Complaint information on Respondent's escrow accounts. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 12. Respondent failed to provide to Petitioner, the information requested on Respondent’s management of Wright’s deposits. COUNT THREE Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1) (i), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT FOUR Based upon the foregoing, Respondent is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 61032-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the Florida H:\ac\lafuze.doc 4 FDBPR v. Richard Allen Lafuze Case No. 2008059936 Administrative Complaint 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 cof the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, H:\ac\lafuze.doc ° 5 FDBPR v. Richard Allen Lafuze Case No. 2008059936 Administrative Complaint 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. SIGNED this day of , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation 2 S C1635 P r¢ S By: Patrick James Cunningham Assistant General Counsel Fla. Bar No. 469221 oa Department of Business and & Professional Regulation * Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile e “Poacton cae PCP Date: 11/06 PCP MEMBERS: JDR/NH Hi\ac\lafuze.doc 6 FDBPR v. Richard Allen Lafuze Case No. 2008059936 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\lafuze.doc 7 BO NOT PHOTOCOPY THIS FORM PRIOR TO USE. JUDGMENT LIEN CERTIFICATE BAR CODE MUST BE LEGIBLE. " FOR FURPOSES OF FILING. & JUDGMENT LIEN, THE FOLLOWING INFORMATION ‘ : 1S SUBMITTED IN ACCORDANCE WITH 2. $5.203, FLORIDA STATUTES. - | va | il til | | ’ TINRGMENT nee” Menara oe eterna nae em ernie wee nt entrees es ae LAST NAME FIRST NAME SSOSOS*~CSCS . as 71 \-_- : as, eines meedeneens nee 2. ADDITIONAL JUDGMENT DEBTOR, IF AN INDIVIDUAL, 1S: an in - Sv i i sie Ficticl ike AT ATL * Division of Real Estate Thomas O'Bryant, Jr., Director usinesy oerana ove ro ouch Ra p ro fe S S | ion a al , Phone: 850.236.3008 Regulation Charles W. Drago Charlie Crist Secretary : Govemor 1/23/08 Richard Allen LaFuze 7100 Knollwood Drive : AY Navarre, FL 32566 FIDENT! AL Coil RE: (a) DBPR Case # 2008059936 {b) My letter dated 11/20/08 (attached) Dear Mr. LaFuze: Thank you for your written response of 12/19/08.'! have not received a copy of your management agreement with Mr. Wright on the properties outlined in reference (b). Please also provide a copy of each lease pertaining to the tenants identified in reference (b). If these documents are not available, please explain. In your response of 12/19/08, you provided information on 8 of the 20 security deposits listed in reference (b). Please respond to reference (b) regarding the remaining 12 security deposits. If you have no information and/or documentation related to these deposit issues, please explain. With regard to the eight security deposits for which you provided documentation in your response of 12/19/08, it was observed that in some instances, the amount of deposit cited by Mr. Wright differed from the amount indicated in your records. Please explain these differences. If you are unable to provide this information, please explain. : Please mail or deliver the requested information to the following address: DBPR, Attn: Jack Case, Div. of Real Estate, 103-Lewis St., Fort Walton Beach, FL 32547. Please respond by close of business on February 9, 2009. Please call me as needed at the number below. Si : A B. Case a) Investigation Speciajist i Bureau of Enforcernent 103 Lewis Street Ft. Walton Beach, FL 32547 850.581.2137 Office 850.581.2137 Fax Division of Real Estate Thomas O'Bryant, Jr., Director Business > nmana clara Professional , — Pome: eso Charles W. Drago Charlie Crist Secretary : Governor Richard Allen LaFuze Realty One Services 7100 Knollwood Drive , FL 325 me pcm ssn COAT IDENTIAL (b) My letter to you dated 11/20/08 (attached) (c) My letter to you dated 1/23/09 (attached) (d) Mr. Wright's list of tenants Dear Mr. LaFuze: The following documents pertaining to the attached list of tenants on properties owned by J. Robert Wright are requested for review and copying as necessary on all of your property management escrow/trust accounts: Monthly reconciliation statements. Bank statements and cancelled checks for the months above. Checkbook, deposit book, and bank deposit receipts. Ledger book and/or computer printout of sales and/or property management records. Bank signature cards for all escrow accounts. Property management files, including property management agreements and leases. As soon as possible, but not later than 5:00 PM on 6/25/09, please call me at 850/581-2137 or 850/774- 2954 to arrange a mutually convenient time and place for my review and copying as necessary of your documentation and an interview of you. If ! am unavailable when you call, please leave a message with a telephone number where you can be contacted. If you do not have the requested records, please explain by retum letter as soon as possible but to arrive at my office address below not later than 5:00 PM on 6/25/09. You may also fax your response to 850/581-2137 or e-mail it “jack.case@dbpr.state.fi.us". DBPR offices nearest to you are now located at 4900 Bayou Bivd., Suite 210, Bayou Corporate Office Cer Pensacola, FL 32503 and at 7946 Front Beach Road, Panama City Beach, Florida 32407. Div. of Real Estate Bureau of Enforcement 7946 Front Beach Road Panama City Beach, Florida 32407 aTivE COMPLAINL 8 nav he aDMInIST®. LICENSE EFFICIENTLY. REGULATE FAIRLY, 4 UMARAL RAVES ORIN ALICE NSE COA. PAGE

Docket for Case No: 10-001145PL

Issue Date	Proceedings
May 26, 2010	Order Closing File. CASE CLOSED.
May 26, 2010	Motion to Relinquish Jurisdiction filed.
May 24, 2010	Petitioner's Notice of Filing Petitioner's Exhibits (exhibits not available for viewing) .
May 19, 2010	Petitioner's Notice of Filng Petitioner's Exhibits (exhibits not attached) filed.
May 19, 2010	Pre-hearing Statement filed.
May 18, 2010	Petitioner's Filing of Witness filed.
Mar. 17, 2010	Order of Pre-hearing Instructions.
Mar. 17, 2010	Notice of Hearing (hearing set for May 27, 2010; 10:00 a.m., Central Time; Shalimar, FL).
Mar. 16, 2010	Joint Response to Initial Order filed.
Mar. 09, 2010	Initial Order.
Mar. 08, 2010	Administrative Complaint filed.
Mar. 08, 2010	Election of Rights filed.
Mar. 08, 2010	Agency referral filed.