FILED Department of Business arid Professional Regulation AGENCY CLERK STATE OF FLORIDA cierx Ronda L. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] bate 6/27/2016 FLORIDA DEPARTMENT OF BUSINESS —* AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-032422 ROBIN EUGENE OWENS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission (“Commission”) against Robin Eugene Owens (“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. At all times material to this Complaint, Respondent was licensed as a real estate broker in the State of Florida, having been issued license number BK 3022831. 3. Respondent’s address of record is P.O. Box 691, Palm Beach, FL 33480. 4. At all times material to this complaint, Respondent was registered as conducting business at the address 2513 Livingston Lane, West Palm Beach, FL 33411. 5. During the times material to this complaint, Respondent conducted business out of the address 619 Palm St., West Palm Beach, FL 33480 without timely notifying the Commission that his business address had changed. 6. From June 2012 through July 2013, Respondent collected rental payments and deposits on behalf of Pamela Pipes (“Owner”) for properties located at 757 Imperial Lake Rd., West Palm Beach, FL 33413; 9458 Saddlebrook Dr., Boca Raton, FL 33496; and 2760 Danforth ‘Terrace, Wellington, FL 33414 (“Subject Properties”). 7. Respondent failed to timely account for or deliver rental payments collected for Subject Properties from June 2013 through July 2013 in the amount of $7,700.00 upon Owner’s demand. 8. Respondent failed to timely account for or deliver the security deposits for Subject Properties collected from June 2012 through September 2012 in the amount of $5,100.00 upon Owner’s demand. 9. At all times material to this complaint, Respondent failed to make written monthly reconciliation statements of his trust account. 10. ‘To date, Owner has not received the above rental payments and neither Owner nor the tenants have received the security deposits for Subject Properties. COUNT ONE 11. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through ten. 12. Section 475.25(1)(d)1., Florida Statutes (2012), provides that a licensee may be subject 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 or value, including a share of a real estate commission if a civil judgment relating to the practice of the licensee’s profession has been obtained against the licensee and said judgment has not been satisfied in accordance with the terms of the judgment within a reasonable time, or any secret or illegal profit, or any divisible share or portion thereof, which has come into the licensee’s hands and which is not the licensee’s property or which the licensee is not in law or equity entitled to retain under the circumstances.” 13. Based on the foregoing, Respondent has violated Section 475.25(1)(d)1., Florida Statutes (2012), by failing to account for or deliver the rental payments to Owner, and the security deposits to Owner or the tenants upon demand. COUNT TWO 14. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through ten. 15. Section 475.25(1)(e), Florida Statutes (2012), subjects a licensee to discipline if they have “violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455.” 16. Section 475.23, Florida Statutes (2012), states in part that “[a] license shall cease to be in force whenever a broker changes her or his business address, a real estate school operating under a permit issued pursuant to s. 475.451 changes is business address, or a sales associate working for a broker or an instructor working for a real estate school changes employer. The licensee shall notify the commission of the change no later than 10 days after the change, on a form provided by the commission.” 17. Based on the foregoing, Respondent violated Section 475.23, Florida Statutes (2012), when he failed to timely notify the Commission of the change to his business address. COUNT THREE 18. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through ten. 19. Section 475.25(1)(e), Florida Statutes (2012), subjects a licensee to discipline if they have “violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455.” 20. Rule 61J2-14.012, Florida Administrative Code (2012), requires that Once monthly, a broker shall cause to be made a written statement comparing the broker’s total liability with the reconciled bank balance(s) of all trust accounts. . . “The minimum information to be included in the monthly statement-reconciliation shall be the date the reconciliation was undertaken, the date used to reconcile the balances, the name of the bank(s), the name(s) of the account(s), the account number(s), the account balance(s) and date(s), deposits in transit, outstanding checks identified by date and check number, an itemized list of the broker’s trust liability, and any other items necessary to reconcile the bank account balance(s) with the balance per the broker’s checkbook(s) and other trust account books and records disclosing the date of receipt and the source of the funds. The broker shall review, sign, and date the monthly statement-reconciliation. 21. Based upon the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes (2012), when he violated Rule 61J2-14.012, Florida Administrative Code (2012), by failing to make the required monthly statement-reconciliations for his accounts. COUNT FOUR 22. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through ten. 23. Section 475.25(1)(e), Florida Statutes (2012), subjects a licensee to discipline if they have “violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455.” 24. Rule 61J2-10.038(1), Florida Administrattve Code (2012), defines “‘current mailing address’ as the current residential address which is used by a licensee or permit holder to receive mail through the United States Postal Service.” 25. Respondent violated Section 475.25(1)(e), Florida Statutes (2012), when he violated Rule 61J2-10.038(1), Florida Administrative Code (2012), by registering a post office box as his mailing address with Petitioner. 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 _16th day of _June_, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: — /s/W. Justin Vogel W. Justin Vogel Assistant General Counsel Florida Bar No. 112261 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850)717-1795 Telephone (850)921-9186 Facsimile wjustin.vogel@myfloridalicense.com PCP Date: 6/16/16 PCP MEMBERS: Hornsleth/Fisher 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 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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 ptosecution 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 17-000668PL