FILED Department of Susiness and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA Gee ‘Kanteen DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pe 44/30/2018 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2014-052873 TIMOTHY EKELUND, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against Timothy Ekelund (“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 M'lorida Statutes. 2 At all times material to this Complaint, Respondent was licensed as a real estate sales associate in the State of Florida, having been issued license number SL 3285588. ‘3 Respondent’s address of record is 600 W. Moreno Street, Pensacola, FT. 32501. 4. In or around July 2014, Respondent signed the names and initials of potential buyers, Brady and Rebecca Byrd (“the Buyers”), on a contract offer to purchase property (“the Contract”) located at 3510 Ashmore Lane, Pace, FL 32571 (“Subject Property”). 5. The Buyers did not give Respondent permission to sign their names or initials on the 6. Respondent submitted the Contract to an employee of the Central Credit Union of COUNT ONE 7. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through six (6). 8. 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 in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. 9. Respondent violated Section 475.25(1)(b), Florida Statutes, when he breached the Buyers’ trust and acted dishonestly by signing the Buyers’ names and initials on the Contract without their consent. COUNT TWO 10. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through six (6). 11. Section 455.227(1)(a), Florida Statutes, subjects a real estate licensee to discipline for “(making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.” 12. Respondent violated Section 455.227(1)(a), Florida Statutes, when he made misleading, deceptive and/or fraudulent representations related to the practice of real estate, in one or more of the following ways: a. By signing the Buyers’ names and initials on the Contract without their consent; and/or b. By submitting the Contract to an employee of the Central Credit Union of Florida. 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 _17th_ day of November «2015: KEN LAWSON, Secretary Department of Business and Professional Regulation By: Crystal D. Stephens Assistant General Counsel Real Estate Division Florida Bar No. 96525 Office of the General Counsel 1940 N. Monroe St., Suite 25A Tallahassee, FL 32399 Telephone: (850) 717-1193 Crystal.Stephens@myfloridalicense.com PCP Date: 11/16/2015 PCP MEMBERS: Enzor/Chotas 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, Hlorida 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 Petitioner 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: 17-000123PL