FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATY ,,.., 41/29/2011 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. Case No. 2011-013766 BARRIE GOLDMAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Barrie Goldman, Respondent) and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. Respondent is licensed as a real estate sales associate in the State of Florida, having been issued license number 3217458, 3. Respondent’s address of record is 3029 1125 97* Street #3, Bay Harbor, FL, 33154. 4, At all times material to this Complaint, Respondent was employed as a Sales Associate and for Renters Paradise Realty, Inc. Document in Unnamed 1 Filed April 9, 2012 9:23 AM Division of Administrative Hearings FDBPR v. Barrie Goldman Case No. 2011-013766 Administrative Complaint 5. From approximately June, 2009 until approximately January, 2011, Respondent, as a sales associate and office manager of Renters Paradise Realty, Inc., assisted in the collection of deposit checks from the brokerages customers. 6. On occasion, Respondent, with the assistance of a licensed individual, filed and initialed invalid, photocopied negotiable instruments. 7. The negotiable instruments were originally valid and intended for deposit with Renters Paradise Realty, Inc., though maintained a blank “pay to the order of” section. 8. Respondent and the licensed individual photocopied the blank negotiable instrument and affixed a name other than that of Renters Paradise Realty, Inc., on the original and affixed “Renters Paradise” on the duplicate copy. 9, Respondent accepted, initialed, and filed the fraudulent photocopied negotiable instruments. 10. Respondent filed negotiable instrument #’s 14-144565258, 14-159092365, and 14-146772577 with Renters Paradise Realty, Inc., for which the “pay to the order of” section of the negotiable instruments was addressed to Renters Paradise. 11. Respondent deposited negotiable instrument #’s 14- 144565258, 14-159092365, and 14-146772577 in a personal bank account, for which the “pay to the order of” section was addressed to Barrie Goldman. Document in Unnamed 2 FDBPR v. Barrie Goldman Case No. 2011-013766 Administrative Complaint 12. In or about March, 2011, Respondent paid Renters Paradise Realty, Inc., approximately $20,000.00 as a settlement to avoid criminal prosecution. COUNT ONE 13. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 475.25(1) (b), Florida Statutes, subjects a real estate licensee to discipline for committing fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction. 15. As set forth above, Respondent committed fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction, in one or more of the following ways: a. By engaging in an organized scheme to defraud his broker, Renters Paradise Rentals, Inc., by converting the negotiable instruments; b. By engaging in an organized scheme to defraud the customers of Renters Paradise Rentals, Inc., by converting the negotiable instruments; c. By engaging in dishonest dealings by trick scheme or devise, by filing invalid photocopies of the Document in Unnamed 3 FDBPR v. Barrie Goldman Case No. 2011-013766 Administrative Complaint requested blank negotiable instruments. 16. Based on the foregoing, Respondent violated Section 475.25(1) (b), Florida Statutes, by committing fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction when he engaged in an organized scheme to convert funds. COUNT TWO 17. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 18. Section 475.42(1)(d), Florida Statutes, states: A sales associate may not collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer; and no real estate sales associate, whether the holder of a valid and current license or not, shall commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person except a person registered as her or his employer at the time the sales associate performed the act or rendered the service for which the commission or compensation is due. 19. As set forth above, Respondent violated Section 475.42(1) (d), Florida Statutes, by requesting and accepting deposits in connection with a real estate brokerage transaction in a name other than the employer. 20. Based on the foregoing, Respondent violated Section Document in Unnamed 4 FDBPR v. Barrie Goldman Case No. 2011-013766 Administrative Complaint 475.42(1) (d), Florida Statutes, by accepting deposits in a name other than that of his employer. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. SIGNED this 28th day of November , 2011. KEN LAWSON, Secretary Department of Business and Professional Regulation Andrew Rubin Fier By: Andrew Rubin Fier Assistant General Counsel Florida Bar No. 84985 Office of the General Counsel 1940 N. Monroe St. Tallahassee, FL 32312 (850) 488-0062 - Telephone PCP Date: 11/14/2011 PCP MEMBERS: Chip Boring/John D. Ruffier NOTICE TO RESPONDENT (S) Document in Unnamed 5 FDBPR v. Barrie Goldman Case No. 2011-013766 Administrative Complaint 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. Document in Unnamed 6

Docket for Case No: 12-001223PL