FILED Department of Susiiess and Professional Regulations Deputy Agency Clerk STATE OF FLORIDA CLERK —_ Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 4/26/2012 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-006939 REID ORGANIZATION, INC., Respondent. / | ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against REID ORGANIZATION, INC., 1 i i | (“Respondent”), and alleges: 1, Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida to -. Statutes, (2011), and Chapters 120, 455, and 475, Florida Statutes, (2011). 2. At all times material hereto, Respondent was licensed as a real estate corporation in the State of Florida, having been issued license number CQ 1027177. 3. Respondent’s address of record is 2295 South Hiawassee Drive Suite 309, Orlando, FL 32835. 4. At all times material hereto, Respondent’s broker of record was Scott D. Reid. 5. In or about June 2010 Respondent entered into a property management agreement with Lisa Flashenburg, (“Flashenburg”), agreeing to manage Flashenburg’s residential properties. . 6. As a condition of the property management agreement, Respondent, for a fee, was required to collect and remit tenants funds to Flashenburg in a timely manner. 7. In or about November, 2011, Respondent ceased remitting tenants funds to Flashenburg. 8. As of November, 2011, Respondent has failed to deliver approximately $12,000.00. 9. Investigators for the \Department attempted to contact Respondent’s broker via electronic. mail, US mail, and in person throughout February, 2012, to conduct a statutorily permitted investigation and audit. 10. Respondent failed to respond to the Department’s investigation. 11. A review of Respondent’s known escrow account revealed that as of October 3, 2011, Respondent maintained an escrow balance totaling approximately $89,662.19. 12. From approximately January 9, 2012, until January 19, 2012, funds totaling approximately $84,900.00 were personally withdrawn from Respondents known escrow account. 13. A review of Respondent’s known escrow account revealed a zero balance on or about January 20, 2012, 14. Respondent’s missing escrowed funds remain unaccounted. COUNT ONE 15. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as set forth herein. 16. Section 475.25(1)(d), Florida Statutes, (2011), subject a licensee to discipline if the licensee: Has failed 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.. 17. Respondent violated Section 475.25(1)(d), when he failed to timely account or deliver approximately $12,000.00 to Flashenburg. 18. Based on the foregoing, Respondent violated Section 475.25(1) (d), Florida Statutes, (2011), when he failed to timely account or deliver his client’s funds. 4 | i _ COUNT_TWO 19. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as set forth herein. 20. Section 475.42(1) (i), Florida Statutes, (2011), states in part, “A person may not obstruct or hinder in any manner the enforcement of this chapter or the performance of any lawful duty by an person acting under the authority of this chapter...” 21. Respondent obstructed or hindered the enforcement and ability to perform a duty under the authority of Chapter 475, Florida Statutes, in one or more of the following ways: a. By repeatedly failing to respond to the Department, preventing the commencement a Section 475.5016, Florida Statutes audit; b. By failing to make business records available to the Department, as required by Section 475.5015, Florida Statutes. 22. Based on the foregoing, Respondent violated Section 475.25(1) (i), Florida Statutes, (2011), when he obstructed or hindered the enforcement and ability to perform a duty under the authority of Chapter 475, Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission to 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 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 26°, day of April , 2012. 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 North Monroe Street, Ste 42 Tallahassee, FL 32399 (850) 488-0062 Telephone (850) 921-9186 Facsimile PCP Date: 4/16/2012 PCP MEMBERS: Richard DeNapoli/John 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: 12-002022PL