FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK = Evelle Lawson-Proctor - Date 6/6/2019 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2019-001606 LUCILLE POAG, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Lucille Poag (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the real estate profession pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of real estate services pursuant to Section 455,228, Florida Statutes. 3. At all times material hereto, Respondent was not duly licensed as a real estate corporation to engage in the practice of real estate services pursuant to Chapter 475, Florida Statutes. 4. At all times material hereto, the Florida Division of Corporation displays Respondent as Registered Agent and President of HOUSE OF HOMES REALTY, INC. an inactive Florida Incorporation. 5. Respondent’s last known address is 11380 Biscayne Boulevard 24, North Miami, FL 33181. 6. On or about June 4, 2018, Respondent, through her company, House of Homes, offered to perform or performed real estate services requiring licensure in relation to real property located in Dade County, FL ("Subject Property"), including but not limited to: collection of money to enter into an agreement to purchase a property 7. At all times material hereto, Respondent did not hold an ownership interest in Subject Property. 8. Respondent acted at all times material hereto with the intent to collect or receive compensation or valuable consideration or did in fact do so. 9. Respondent received $1,800.00 from Allen Baldwin, a potential Buyer for a home. 10. Section 455.227(1)(q), Florida Statutes, subjects a person to discipline for “{vjiolating any provision of this chapter, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board.” 11. — Section 475.42(1)(a), Florida Statutes, provides that "[a] person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor." 12. Subsection 475.01(1){a), Florida Statutes provides that: “Broker" means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration thereof, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefore; and all persons who advertise rental property information or lists. 13. Section 475.01(3), Florida Statutes, provides: Wherever the word “operate” or “operating” as a broker, broker associate, or sales associate appears in this chapter; in any order, tule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense. 14. Subsection 475.28(1), Florida Statutes, provides that: In all proceedings before the commission or the courts, civil or criminal, in which the payment, receipt, or expectation of a commission, compensation, or a valuable consideration is a necessary element of the offense, proof of the performance of the act, service, or condition for which such commission, compensation, or valuable consideration is required to be shown shall be prima facie evidence that such act, service, or condition was performed or existed for or in expectation of the payment or receipt of a commission, compensation, or a valuable consideration. 15. Based upon the foregoing, Respondent violated Section 455.227(1)(q), Florida Statutes, by violating Section 475.42(1)(a), Florida Statutes, when Respondent engaged in the practice of real estate by operating as a real estate broker without being the holder of a valid and current active license. WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $5,000 for violations of Chapter 475, Florida Statutes, assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attomey’s time); or any other relief the Department is authorized to impose pursuant to Chapters 455 and 475, Florida Statutes, and the rules promulgated thereunder. Signed this 30" day of May, 2019. Halsey Beshears, Secretary Department of Business and Professional Regulation By: Roger Maas Roger Maas Florida Bar No. 128296 Assistant General Counsel Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-2202 Telephone: (850) 717-1210 PC Found:5/30/19 By: DBPR 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. 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 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: 19-005690