STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

1. Case No.

   
   

   FILED

   De of BU5ioHs and Pl'Gfesll'lonal tlegutation

   Deputy Agency Clerk

   
   

   CLERK Evette Lawson-Proctor Date 11/28/2011

   File'#

   2010031610

   
   

   Theresia Marie Helton

   
   

   Respondent.

                                                                        /

   
   

   ADMINISTRATIVE COMPLAINT

   
   

   The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against THERESIA MARIE HELTON, (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 broker having been issued license number 3077530.

   3. Respondent's address of record is 4100 Corporate Sq. Office Center #133 Naples, FL 34104.

   4. On April 8, 2009, Respondent and Kenneth Tannassee (Complainant) entered into a Right to Lease Agreement for 7818 Great Haran Way #306 Naples, FL 34104 (Subject Property).

   5. On April 20, 2009, Complainant and Andrea Campbell (Tenant) entered into a lease agreement, with a $475.00 Security Deposit (Security Deposit).

      
      

      1

      Filed June 1, 2012 10:16 AM Division of Administrative Hearings

      
      

   6. On or about June 1, 2009, the Security Deposit was delivered to Respondent.

   7. On June 9, 2009, Respondent and the Complainant entered into a Right to Sell Agreement for the Subject Property.

   8. On March 22, 2010, the Complainant closed on the Subject Property, which required the Tenant's Security Deposit and prorated rent for the month of March be remitted to Eleni Kourgelis (Buyer).

   9. On April 9, 2010, Complainant formally requested a refund of the $475 Security Deposit, delivered to the Buyer at closing by the Complainant.

   10. The Security Deposit has not been returned to Complainant.

       
       

       COUNT ONE

       
       

   11. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein.

   12. Section 475.25(1)(d)1, Florida Statutes, subjects real estate licensee to discipline for:

       [Failure) to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft, abstract of title, mortgage, conveyance, lease, or other document or thing of value....

       
       

   13. Respondent violated Section 472.25(1)(d)1, Statutes, in one or more of the following ways:

       Florida

       1. By failing to deliver the Security Deposit to

          
          

          
          

          Complainant upon demand.

          
          

       2. By failing to account for the Security Deposit.

          
          

   14. Based on the foregoing, Respondent violated Section

       
       

       475.25 (1)(d)l, Florida Statutes, when Respondent failed to account or deliver the Security Deposit as agreed upon or required by law.

       COUNT TWO

       
       

   15. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein.

   16. 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.

       
       

   17. Respondent violated Section 475.25(1) (b), Florida Statutes, in one or more of the following ways:

       1. By failing to deliver the Security Deposit to Complainant upon demand.

       2. By failing to account for the Security Deposit.

          
          

   18. Based on the foregoing, Respondent violated Section 475.25(1)(b), Florida Statutes, by acting with culpable negligence in accounting or committing a breach of trust when Respondent failed to deliver the Security Deposit.

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.

[SIGNATURE PAGE TO FOLLOW]

SIGNED this          day of-

November--

, 2011.

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By: Cliristina, Jlnn )lrzi({o Christina Ann Arzillo Assistant General Counsel Florida Bar No.90869

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL, 32399-2202

(850) 717-1239 - Telephone

(850) 921-9186 - Facsimile

PCP Date: 11/14/2011

PCP MEMBERS: Chip Boring/John D. Ruffier

NOTICE OF RIGHTS

PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action.

PLEASE BE FURTHER ADVISED that 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 the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-001971PL