FI l ED

pll/'Vfl(l(\t r,t ii.ml Pmtil!ifl:lflltl i!Ulatlon

01:!pUty Ag m:: Cli,rk

CLEA:K t:: Q11:1 L111w on-Proctor

o... 121:w.:01O

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2010-014895

SCOTT STEIN£'ELD,

Respondent.

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation (''Petitioner")1 files this Administrative Complaint before the Board of Auctioneers ("Board") against Scott Steinfeld ("Respondent"), and alleges:

1. Petitioner is the state agency charged with regulating the practice of auction businesses and auctioneers, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part VI, Florida Statutes.

2. At all times material to this complaint, Respondent was licensed in the State of Florida as an Auctioneer, having been issued liceni,e number AU 3212,

3. Respondent's address of record with Petitioner is

   
   

   12101 Dickenson Lane, Orlando, Florida 32821.

   
   

4. On or about January 23 and January 24, 2010, R@spondent conducted auctions at the residence of Alix Menard

   
   

   
   

   EO 39\/d \/90 dd8Q

   oo:s1 110c 5c Jd

   ("Menard"), located at 14284 southern Road Maple Drive, Orlando,

   
   

   Florida 32828.

5. Respondent failed to execute a written contract with Menard prior to conducting the auctions.

6. Respondent's auctioneer license expired on November

   
   

   30, 2009.

   
   

7. Respondent's license was delinquent on the dates of the auctions.

8. Respondent owes Menard one thousand eight-five dollars

   
   

   and fifty cents ($ 1 1 085 . 50 ) in proceeds from these auctions.

9. As of the date of thi>a complaint, Respondent has failed to pay Menard these proceeds.

   count I

10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (91 as though fully set forth herein.

11. Section 4 68. 3 89 11) I c), Florida Statutes, provides that "[f]ailure to account for or to pay or return, within a reasonable time not to exceed 30 days, money or proper,;;y belonging to another which has come into the control of an auctioneer or auction business through an auction shall be grounds for the disciplinary activities provided in subsections ( 2 ) iand ( 3)."

    
    

    
    

    PO 39\/d \190 d&Ia

    TO:ST TTOZ 6Z Jd

    5PL9PTPOS8

12. Based upon the facts set forth above, Respondent violated section 468.389(1)(c), Florida statutes, in one or more of the following ways:

    (al BY failing to pay Menard the proceeds within thirty

    
    

    (30) days of the auction dates.

    
    

    (b) By failing to provide Menard complete accounting within thirty (30) days of the auction dates.

    Count II

    
    

13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein.

14. Section 468.389(1) (j), Florida Statutes, provides that "[v]iolating a statute or administrative rule regulating practice under this part or a lawful disciplinary order of the board or the department shall be grounds for the disciplinary activities provided in subsections (21 and (3)."

15, Section 468.388(1), Florida Statutes, provides that "[Pl rior to conducting an auction in this state, an auctioneer or auction business shall execute a written agreement with the owner, or the agent of the owner, of any property to be offered for sale."

1. Based upon the facts set forth above, Respondent violated Section 468.389 (11 (j), Florida Statutes, through a violation of Section 468.388(1), Florida Statutes, by failing to

   
   

   
   

   
   

   
   

   SO 39\!d \/90 dd8Q

   5PL9PH0S8

   execute a written auction agreement with Menard prior to the auctions.

   count III

2. Petitioner realleges and incorporates by reterence the allegations set forth in paragraphs one 11) through nine (9) as though fully set forth herein.

3. section 468.389 (1) (j), Florida Statutes, provides that "[V] iolating a statute or administrative rule regulating practice under this part or a lawful disciplinary order of the board or the department shall be grounds for the disciplinary activities provided in subsections (2) and (3) ,H

19, Section 468.388(4), Florida Statutes, provides that "[e]ach auction must be conducted by an auctioneer who has an active license or by an apprentice who has an active apprentice auctioneer license and who has received prior written sponsor consent. Each auction must be conducted under the auspices of a licensed auction business. Any auctioneer or apprentice auctioneer conducting an auction, and any auction business under whose auspices such auction is held, shall be responsible for determining that any auc;:tioneer, apprentice, or auction business with whom they are associated in conducting euch auction has an active Florida auctioneer, apprentice, or auction business license.n

n,,, 1·1,m..,,j in l ln11A,r,,.,rl 4

90 39\!d \/90 dd8Q

5PL9PH0S8

20. Based upon the facts set forth above, Respondent violated Section 468.389(1)(j), Florida Statutes, through a violation of section 468.388(4), Florida Statutes, in one or

delinquent license.

(b) By conducting the January 24, 2010, auction on a delinquent license.

WHEREFORE, Petitioner respectfully requests the Board of Auctioneers enter an order imposing one or more of the following

penalties: license,

1,1,11,pension or permanent revocation of Respondent's restriction of practice, imposition of an

administrative fine not to exceed one thousand dollars

($1,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, costs related to the investigation and prosecution of the case excluding costs associated with attorney's time, or any other relief that the Board deems appropriate.

LO 39\/d \190 d&IQ

5PL9PH0 8

Signed this 16th day of December, 2010.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: .leCfiea C. Parson    

LeChea C, !?arson Assistant General Counsel Florida Bar No. 0016869

Department of Business and Professional Regulation

Office of the General Counsel

1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 410-1537 Telephone

(850) 414-6749 Facsimile

PC Found:

PC F'ound By: LP/pjm

12/14/10

L Parson

f').,-,IITill',llt irl I l11r111,,,,_.rl

NO'l'ICE OF RIGH'l'S

Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28 - 1 06 . 111 1 Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of; receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent i1;, placed on notice that Petitioner has incurred costs related to the investigation and prosec;ution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

7

Docket for Case No: 11-002184PL