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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MICHAEL EDWARD CAMERON, 19-006008PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006008PL Visitors: 2
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MICHAEL EDWARD CAMERON
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Business and Professional Regulation
Locations: Altamonte Springs, Florida
Filed: Nov. 12, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 9, 2020.

Latest Update: Dec. 23, 2024
FILED Department of 6usiness and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 9/30/2019 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2019-003619 MICHAEL EDWARD CAMERON, Respondent. / ADMINISTRATIVE COMPLAINT The Department Of Business and Professional Regulation (‘Petitioner’) files this Administrative Complaint before the Florida Real Estate Commission against Michael Edward Cameron (“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 hereto, Respondent was licensed as a real estate instructor in the State of Florida, having been issued license number ZH 1002785. 3. Respondent’s address of record with Petitioner is 2629 Ellen Avenue, Kissimmee, Florida 34744. 4. At all times material to this Complaint, Respondent was the licensed qualifying real estate instructor for Cameron Academy of Real Estate (“Cameron Academy”), a licensed real estate corporation in the State of Florida, having been issued license number ZH 1002075. 5. On or about November 29, 2018, Respondent and/or Cameron Academy offered a “63 Hr Sales Associate Pre-License” course on Cameron Academy’s website. The course description indicated that there would be 40 hours of instruction, 12 hours of lab/homework, 3 hours for the final exam, and 8 hours exempt. 6. Respondent’s and/or Cameron Academy’s course offering fails to include the required number of 63 classroom hours as outlined by Rule 61J2-3.008, Florida Administrative Code. COUNT ONE 7. This is an action for violation of Section 475.25(1)(e), Florida Statutes, through a violation of Rule 61J2-3.008, Florida Administrative Code. 8. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through six (6), as if fully set forth herein. 9. Section 475.25(1)(e), Florida Statutes, subjects a real estate licensee to discipline for violating any provision of Chapter 475, and any lawful order or rule made or issued under the provisions of Chapters 475 or 455, Florida Statutes. 10. Rule 6132-3.008, Florida Administrative Code, states in relevant part: “(1) Any persons desiring to become licensed as a real estate sales associate must satisfactorily complete the Commission-prescribed course designated as Course I. This course will consist of 63 hours of 50 minutes each, inclusive of examination, in the basic fundamentals of real estate principles and practices, basic real estate, and license law. This rule sets forth the course approval criteria and procedure”. “(2)(b) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by a live streamlining or any means of video conferencing technology while the students are in attendance.” 11. Based on the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes, through a violation of Rule 61J2-3.008, Florida Administrative Code. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s license, 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 19th day of September, 2019. PC Found: 09/19/2019 PC Found By: Ketcham/Boring HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: 4/David W, Aring David W. Aring Assistant General Counsel Florida Bar No. 0621471 Office of the General Counsel 2601 Blair Stone Rd. Tallahassee, Florida 32399 (850)717-1216 Telephone (850)617-4412 Facsimile 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 19-006008PL
Issue Date Proceedings
Jan. 09, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 09, 2020 CASE STATUS: Status Conference Held.
Jan. 08, 2020 Notice of Appearance and Substitution of Counsel (James Fortunas) filed.
Dec. 30, 2019 Notice of Telephonic Status Conference (status conference set for January 9, 2020; 11:00 a.m.).
Dec. 30, 2019 Joint Motion for Status Conference filed.
Dec. 17, 2019 Notice of Court Reporter filed.
Dec. 13, 2019 (Respondent's Response) Petitioner's First Interlocking Discovery Request (filed in Case No. 19-006008PL).
Dec. 13, 2019 Exhibit A - Respondents" Answers to Petitioner's Interrogatories filed.
Dec. 13, 2019 Response to Petitioner's First Request for Admissions (filed in Case No. 19-006008PL).
Dec. 13, 2019 Respondents' Response to Petitioner's First Request for Production (filed in Case No. 19-006008PL).
Dec. 13, 2019 Response to Petitioner's First Request for Admissions filed.
Dec. 13, 2019 Respondent's Response to Petitioner's First Request for Production filed.
Nov. 15, 2019 Order of Pre-hearing Instructions.
Nov. 15, 2019 Notice of Hearing by Video Teleconference (hearing set for January 27, 2020; 1:00 p.m.; Orlando and Tallahassee, FL).
Nov. 15, 2019 Petitioner's and Respondents' Joint Response to Initial Order filed.
Nov. 13, 2019 Notice of Petitioner's First Interlocking Discovery Requests filed.
Nov. 12, 2019 Petitioner's Unopposed Motion to Consolidate DOAH Case Numbers 19-006008 and 19-006007 filed.
Nov. 12, 2019 Initial Order.
Nov. 12, 2019 Election of Rights filed.
Nov. 12, 2019 Administrative Complaint filed.
Nov. 12, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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