STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Petitioner, Vv. CASE NO.: CD 201300450 D 2602065 1303679 DAVID E. HURST Il, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Agriculture and Consumer Services, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges:. The last known name and address of the Respondent is: David E. Hurst Il 2118 Countryside Drive Apopka, Florida 32712 Respondent holds the following license(s) issued pursuant to Chapter 493, Florida Statutes: D 2602065 and G 1101791 As set forth below, Petitioner has received information that justifies action provided for in Section 493.6118(2), Florida Statutes. Count | On or about June 17, 2013 and June 18, 2013, Respondent committed misconduct in the practice of regulated activities under Chapter 493, Florida Statutes, in that the Respondent abandoned his assigned post without relief or permission, in Orange County, Florida. Respondent is in violation of Section 493.6118(1)(f), Florida Statutes. Count Il On or about June 17, 2013 and June 18, 2013, in Orange County, Florida, Respondent committed fraud or deceit in the practice of regulated activities under Chapter 493, Florida Statutes, in that the Respondent falsified entries in an activity log to reflect that he checked a “vacant” apartment, which was in fact occupied by a tenant the entire evening. Respondent is in violation of Section 493.6118(1)(f), Florida Statutes. WHEREFORE, Petitioner intends to take disciplinary action pursuant to Section 493.6118(2), Florida Statutes, including, but not limited to a reprimand, probation, administrative fine, suspension of license, or revocation of license. Dated this 26th day of September, 2014. Ke Wiles Ken Wilkinson, Acting Director NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or an informal hearing, or you may enter into a stipulation and settlement. To request a hearing, you must complete the enclosed Election of Rights form and file it with the Division of Licensing within 21 days of receipt of this complaint. If you request a formal hearing, you must also provide a statement of the material facts alleged in this complaint that you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within 21 days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of this Administrative Complaint has been furnished by certified mail on this 26th day of September, 2014, to David E. Hurst IIll; 2118 Countryside Drive ; Apopka, Florida 32712. il eh Lig Sac Lucy Schneider Senior Attorney Department of Agriculture and Consumer Services Division of Licensing P. O. Box 5708 Tallahassee, Florida 32314-5708 (850) 245-5491 493ACBRE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Petitioner, Vv. CASE NO.: CD201300450 D 2602065 1303679 DAVID E. HURST Il, Respondent. / STIPULATION AND SETTLEMENT The parties to this action, Department of Agriculture and Consumer Services, Division of Licensing, and David E. Hurst Il, Respondent, do hereby stipulate and agree to the following: 1. The Division has regulatory authority over this matter pursuant to Section 493.6121, Florida Statutes. 2. The alleged violations of Chapter 493, Florida Statutes, cited in the administrative complaint filed in this case resulted from an investigation conducted by the Division. 3. Each party shall be responsible for its own costs and fees. 4. Respondent agrees to the revocation of license number(s) D 2602065 and G 1101791 and to return said licenses to the Division of Licensing with this agreement. Lucy Schneider David E. Hurst Ill Senior Attorney Respondent Department of Agriculture and Consumer Services Division of Licensing P. O. Box 5708 Tallahassee, Florida 32314-5708 (850) 245-5491 Executed on this day Executed on this of ; of day Florida Department of Agriculture and Consumer Services Division of Licensing ELECTION OF RIGHTS ADAM H. PUTMAM ADMINISTRATIVE COMPLAINT COMMISSIONER ADMINISTRATIVE COMPLAINT — D 2602065; CD201300450 This form must be filed at the Division of Licensing office in Tallahassee, Florida, within 21 days of receipt. Failure to do so shall be deemed a waiver of your right to an administrative hearing. Select one of the following options and sign below: Stipulation | have read and understand the enclosed Stipulation and Settlement. By signing the agreement | choose not to litigate the issues or facts alleged, hereby waive my right to a hearing under Sections 120.569 and 120.57, Florida Statutes, and will abide by the conditions imposed. Informal Hearing | do not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by speaking on my behalf at an informal hearing. The informal hearing will be conducted before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 120.569 and 120.57(2), Florida Statutes, and applicable portions of Chapter 29-106, Florida Administrative Code. Informal Hearing by Written Statement | do not dispute the facts upon which the agency action is based. | wish to make an explanation of those facts by submitting a signed written statement to a hearing officer and | waive my right to appear in person at an informal hearing. The informal hearing will be before a hearing officer of the Department of Agriculture and Consumer Services in accordance with Sections 120.569 and 120.57(2), Florida Statutes, and applicable portions of Chapter 29-106, Florida Administrative Code. Formal Hearing | dispute the facts upon which the agency action is based. | have attached to this form a petition or written statement of the disputed issues of material fact and hereby request a formal hearing to be conducted pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and applicable portions of Chapter 28-106, Florida Administrative Code. | realize that failure to state he disputed issues of material fact may result in the denial of my request for a formal hearing. The formal hearing will be held before an Administrative Law Judge of the Division of Administrative Hearings where | may present evidence and argument on he issues. | have read and understand the Election of Rights form and understand that | have the right to be represented by counsel or qualified representative at either an informal or formal hearing. Mediation, pursuant to Section 120.573, Florida Statutes, is not available as an alternative remedy. Respondent’s Signature Attorney’s Signature if represented Type or print your name Type or print attorney’s name Respondent’s mailing address Attorney's mailing address Respondent's city, state and zip Attorney's city, state and zip Respondent’s telephone number Attorney's telephone number Upon completion of this form, return it to: Florida Department of Agriculture and Consumer Services Division of Licensing Post Office Box 5708 Tallahassee, Florida 32314-5708 Note: In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in a hearing should contact the Division no later than seven (7) days prior to the hearing at which such special accommodation is required. The Division may be contacted at Capital Center Office Complex, 4040 Esplanade Way, 1* Floor, Suite 101, Tallahassee, Florida 32399. Hearing and voice impaired persons may call the Florida Relay Service at (800) 955-8771 (TDD) to reach (850) 245-5491. DACS-16011 Rev. 10/13

Docket for Case No: 16-000586PL