STATE OF FLORIDA
_,.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -"
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,
Petitioner,
v.
EDDIE LAW,
Respondent.
!
DBPR Case No. 2010001274
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint against Eddie Law ("Respondent"), and alleges:
Petitioner is the state agency charged with regulating the real estate profession pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 475, Florida Statutes.
Petitioner has jurisdiction over the unlicensed practice of real estate services pursuant to Section. 455.228, Florida Statutes.
At no time material to this complaint was Respondent duly licensed to engage in the practice of real estate services pursuant to Chapter 475, Florida Statutes.
Respondent's address of record is: 6140 88th Terrace, Live Oak, Florida 32060.
G:\LEGAL\ProbableCause-(Unlicensed)\20I0001274.doc
DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
Respondent, was not at any time material herein, registered as a licensed real estate associate or broker in the State of Florida.
Respondent was previously a licensed real estate sales associate and his license expired on March 31, 2005 due to his failure to renew.
On or about April 1, 2007 Respondent's real estate sales associate license became Null and Void.
A copy of Respondent's licensure history is attached and incorporated as Administrative Complaint Exhibit 1.
At all times material, Levis E. Lawson Sr. employed Respondent, individually as a real estate sales associate, without Respondent having a valid and current real estate license.
Respondent was at all times material, in his attempt to
bring together Francis Lawson, Levis Lawson, and Levis Lawson Jr. (Buyers) and Gladys B. Deese (Seller) for the real property described as: Sec. 23 T 02 South Range 13 East, Lot 27 Blk 43 Reese Add. To the City of Live Oak Orb 61, Page 566 &567, ("Subject Property"), with the intention that Respondent would receive compensation or valuable consideration, directly or
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DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
indirectly, paid or promised, expressly or implied, for the transaction.
Respondent received compensation for facilitating the
sale of the Subject Property and preparing a Quit Claim Deed in the amount of $2,350.00.
A copy of the compensation received by Respondent for the sale of the Subject Property is attached and incorporated as Administrative Complaint Exhibit 2.
A copy of the Quit Claim Deed prepared and witnessed by the Respondent is attached and incorporated as Administrative Complaint Exhibit 3.
At all times material, Respondent had no title or any
-other interest in the listed property or the property under contract.
Count One
Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as fully set forth herein.
Section 475.42(1)(a), Florida Statutes provides that:
A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefore. Any person who violates this paragraph commits a felony of the third degree, punishable as provided ins. 775.082 ors. 775.083, or, if a corporation, as provided ins. 775.083.
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DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
Subsection 475.01(1)(a), Florida Statutes provides:
'Broker' means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration thereof, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promises any compensation or valuable consideration, directly or indirectly therefore; and all persons who advertise rental property information or lists. A broker renders a professional service and is professional within the meaning of s. 95.11(4)(a). ...The term "broker" also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. The term "broker" also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of
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DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
persons, except as provided in ss. 475.011 and 721.20.
Subsection 475.01(3), Florida Statutes, provides:
Wherever the word "operate" or "operating" as a broker, broker associate, or sale associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herejn, constitutes a separate offense.
Subsection 475.01(1)(i), Florida Statutes, defines "real property" or "real estate" as "any interest or estate in land and any interest in business enterprises or business opportunities."
Based upon the facts set forth above, Respondent violated Section 475, Florida Statutes, in one or more of the following ways:
By taking part in procuring sellers and purchasers for the real property of another without a valid license.
By holding herself out to the public that she was a broker and or real estate associate.
By communicating an offer to purchase real estate on
DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
behalf of another without holding the necessary license.
By receiving compensation for his real estate activities.
Based upon the foregoing, Respondent violated Subsection 475.42(1)(a), Florida Statutes, by operating as a broker or sales associate without being the holder of a valid and current active license.
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DBPR v. Eddie Law Administrative Complaint
Case No. 2010001274
WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $5,000 for violations of Chapter 475, Florida Statutes, assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney's time; or any other relief the Department is authorized to impose pursuant to Chapters 455 and
475, Florida Statutes, and the
promulgated
SIGNED this
day of
LIE LIE, Secretary epartment of Business and
Profe ional Regulation
y
Assistant General Couns-el Fla. Bar No. 425941 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
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DBPR v. Eddie Law Administrative Complaint
NOTICE OF RIGHTS
Case No. 2010001274
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 28-106.111, 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 is placed on notice that Petitioner has incurred costs related to the investigation and prosecution 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 Respondent in addition to any other discipline imposed.
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Division of Real Estate Thomas O'Bryant, Jr., Director 400 West Robinson Street, N801 Orlando, Florida 32801-1757
Phone: 407.481.5662 • Fax: 407.317.7245
Charlie Liem, Secretary Charlie Crist, Governor
TO: Lauren N. Roderick, Law Clerk FROM: Janis Dodd, Regulatory Specialist II SUBJECT: Eddie Henry Law
LIC NO.: SL 496755
DATE: November 10, 2010
In accordance with your request of November 9, 2010, enclosed please find requested certification ofrecords for the above subject(s).
EX!-/i BIT =lt-li--- =
LICENSE EFFICIENTLY. REGULATE F ,; t cn, _L
Florida IJ.e::,amrient
Busines$'?D; Prof s ional
Rea_,u, tat1c1n
Division of Real Estate Thomas O'Bryant, Jr., Director 400 West Robinson Street, N801 Orlando, Florida 32801-1757
Phone: 407.481.5662 • Fax: 407.317.7245
Charlie Liem, Secretary Charlie Crist, Governor
CERTIFICATION
· · I, Thomas W. O'Bryant, Jr., Director of for the Division of Real Estate, Department of Business and Professional Regulation, State of Florida, Certify that the below seal is the authentic seal of the state of Florida, and that the record below sets forth activities of the state of Florida, Department of Business and Professional Regulation, Division of Real Estate.
Eddie Henry Law, Sales Associate, License #SL-496755
That from September 28, 1987 to September 16, 1998 he was a sales associate affiliated with First Florida Realty and Auction, Inc. trading as Century 21 Jackie Taylor and Associates license number CQ 233174, a brokerage.company located at Route 17, Box 2022, Lake City, Florida 32024;
That from September 16, 1998 to March 31, 2005 his license was in an inactive status;
That effective April 1, 2005 Eddie Henry Law became involuntary inactive due to non renewal of his real estate sales associate license;
That as of this date his license is in a null and void status;
The renewal date for this licensee was March 31, 2005. ·•·
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LICENSE EFFICIENTLY. REGULATE fl,\IRLY ?-- _ ...
Disciplinary Actions
There is no record of any disciplinary action against Eddie Henry Law.
Certified at Orlando, Florida this 10th day ofNovember 2010.
?s
imas W. O t,·Jr.·, Director
Division of Real Estate
ATTEST:
s Dodd, Regulatory Specialist II ivision of Real Estate
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Jan. 21. 201 0 1 0 : 21 AM Ernest Sellers, Attorney at Law No. 2700 P. 2
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Capture Cate: 09/1012008 Sequence#: 8860818924
LEVIS E. LAWSON, SR.
FRANCES L, LAWSON
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Page 2 of2 Print R11q;#20091209000(;00 Wed Dec 0919:28:14 CST 2009
Kenneth Dasher Clerk Suwannee County Clerk of the Cir=it Court File# 2008101504, OR 1486, Page 120, QD, Doc. D $17.50 9/17/2008 1:13:01 PM, Page 1
of 1
QUlr CLAIIIDEED IIAIICO PORll 1
LEVIS LAWSON 2142 CR 534 S.W.
MAYO, FL 32066
SHARON LAW
6140 98th TERRACE LIVE OAK, FL 32060
floJJaHuliar(1)! 06227430270
'm4is (J@uif Ql!mm uh, Executed | the 5th | day of-'S""E;;;;;;P"-'T'-- :;20 ,b; | |
GLADYS B DEESE | Dllo |
r,----sP4CB ABOYETHIS L1NB POR PRDCHSSIND DA.TA -----------sPACB.A.BOYEnus UN.RPO& RECOIWINDDATA ,
first party, to FRANCIS liAWSON LEVIS LAWSON AND LEVIS LAWSON, JR.
whosepostofficeaddressis 2142 'CR 534 s,w., MAYO, FL 32066
second party.
IWhera-..r UNd h.rain Iha 11rm1 ·first P•rtv· Intl .MCOnd puty· includa ·" lhl pl ni ■I ID 1h11 IMlfllmHl and lh• h■il'1, lagal r■prne ntaliw■a. ■nd aui9fu af individdia. ■nd 1h,
uccanor.i and aaalon• 0, eorpora1ion1, wbllr.v.r 1M ,:on.. ,111 u •dmjl• o, 1•q11if■1.)
.ihte!lllil!tfr, That theJim party, for and ln con:siderqtion of the sum of$
1 _0 ._0_0 _
inhand paid .by the said :second party,the receipt whereof is hereby acknowledged, does hereby remlse, release, and quit claim unto the second party forever, all ihe right, title, interest, claim and demand which the said first party has in and-ro the following described lot, piece or parcel of land, .ritUllte, lying and being in the County of
SUWANNEE ,State of FLORIDA ,to-wit:
SEC. 23 T 02 SOUTH RANGE 13 EAST LOT 27 BLK 43 REESE ADD. TO THE CITY OF LIVE OAK
ORB 61 PAGE 566 & 567
'a:In e anb t.a Ur The .same together with all and .singular the appurtenances thereunto belo. ging or in anywise appertaining, and all the. e.rtate, right, title, interest, lien, equity and claim whatsoever of 1he .raid first party, either In law or equity to the only proper u.re, benefit and behoof of the .raid second party forever.
n ;Dlitne&B ;DllJerenf, the .raid first party has :signed and sealed these presents the day and year fir.rt above written.
Wh•111 llJ11&111n (u ID Co-Onullar, If laf)
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Po Box 315
PNtom'tffi OAK, FL 32064
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i STATE OF FT,ORTDA,
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I hereby Cenify that on Ibis day, before au:, an officer duly authorized lo admlni11cr oaths and lat• acknowled1mcn11, pcr1onally appeared
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.. GLADYS B. DEESE I
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known to me 10 be the pcno. dc11C11bcd in and who executed the fore1oing in11ntmen1, who acknowledged before me that _
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i executed the aamc, and an oath wa, Dill taken. (Chccl: one:),:( Said person(•) i&/are personally known to me. b Said person(&) provided the z
following type of identification: _.,...,_.JI'-----------------------------
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NOTARY RUBBBR. STAMP SBAL
t..1:
Issue Date | Proceedings |
---|---|
Aug. 19, 2011 | Order Relinquishing Jurisdiction and Closing File. CASE CLOSED. |
Aug. 17, 2011 | Joint Motion to Voluntarily Relinquish Jurisdiction filed. |
Aug. 17, 2011 | Notice of Appearance (Andrew Fier) filed. |
Jul. 29, 2011 | Notice of Appearance and Substitution of Counsel (L. Roderick) filed. |
Jun. 14, 2011 | Order of Pre-hearing Instructions. |
Jun. 14, 2011 | Notice of Hearing (hearing set for August 23, 2011; 10:00 a.m.; Live Oak, FL). |
Jun. 10, 2011 | Unilateral Response to Initial Order filed. |
Jun. 06, 2011 | Initial Order. |
Jun. 03, 2011 | Administrative Complaint filed. |
Jun. 03, 2011 | Election of Rights filed. |
Jun. 03, 2011 | Agency referral filed. |