20-003973PL Department Of Business And Professional Regulation, Division Of Real Estate vs. Marcella Bolt Status: Closed DOAH Final Order on Tuesday, October 27, 2020.

Summary: In this summary proceeding pursuant to section 120.574, the parties agreed that Respondent should pay $2,000 in fines and $435 in investigative costs for violating sections 455.227(1)(j) and 475.25(1)(h).

administrative hearing, and the Division referred this matter to DOAH on

September 2, 2020.

On September 18, 2020, the Division filed an “Amended Motion for

Summary Proceedings” requesting that this proceeding be co nducted

pursuant to section 120.574. Because Ms. Bolt had no objection, the undersigned issued an Order on September 21, 2020, granting the

aforementioned Motion.

Prior to the commencement of the final hearing , scheduled for October 23,

2020, the parties notified the undersigned that a settlement had been

reached and filed a “Joint Proposed Recommended Final Order” on October 8,

2020. The instant Summary Final Order incorporates the parties’ stipulated

facts and their proposed disposition.

F INDINGS O F F ACT

1. The Division is the state agency charged with regulating the practice of

real estate in Florida pursuant to section 20.165, Florida Statutes, and

chapters 120, 455, and 475, Florida Statutes.

2. At all relevant times, Ms. Bolt was a Florida - licen sed real estate broker

holding license number BK 3104456.

3. Since February 2, 2007, Ms. Bolt has been the qualifying broker for

MWB Real Estate Venture, Inc. (“MWB”), a licensed real estate corporation

holding license number CQ 1028208. MWB does business as Tropic Coast

Realty.

4. On approximately February 1, 2017, Ms. Bolt hired Laura Mayer to

work as an inside sales associate soliciting sales leads for MWB. Ms. Mayer did not hold a real estate license at that time.

5. On approximately August 9, 2017, Ms. Bolt and Ms. Mayer entered into

an “Inside Sales Agent Offer and Agreement of Employment” outlining

Ms. Mayer’s employment duties and compensation structure. Ms. Bolt agreed

to pay Ms. Mayer a base salary and bonuses based on active listings taken

and so ld. Ms. Mayer was to receive $100.00 per lead that resulted in a sales

listing and a structured bonus 2 for leads resulting in commissions for Ms.

Bolt.

6. Ms. Mayer’s duties included, but were not limited to, the following

tasks: (a) calling owners of Flo rida real estate who were potential sellers;

(b) following approved scripts and dialogues provided to her; (c) working to

compel each prospect to agree to a face - to - face agent presentation; (d) making

follow - up calls as assigned; (e) achieving a minimum g oal of five listing

presentations per week; and (f) continuously contacting potential sellers until making contact.

7. Ms. Bolt paid Ms. Mayer for performing work associated with the

following real estate transactions:

a. $750.00 on May 11, 2017, for th e sale of Wading

Bird;

b. $400.00 on September 26, 2017, for the sale of

Fernandina;

c. $650.00 on September 28, 2017, for the sale of

Woodfield;

d. $1,750.00 on October 19, 2017, for the sale of

Willoughby;

e. $475.00 on October 27, 201 7 , for the sale of

Darrow;

f. $500.00 on October 27, 201 7 , for the sale of

Rayfield;

g. $375.00 on December 21, 2017, for the sale of

Sugar Creek;

2 The structured bonus was a graduated amount based on the sales price.

h. $450 .00 on April 18, 201 8 for the sale of Achilles;

i. $250.00 on April 18, 2018, for the sale of

Hyacinth;

j. $100. 00 on September 14, 201 8 for the listing of

Birdland , Brown;

k. $100.00 on September 14, 2018, for the listing of

Goldenrod, Kennedy;

l. $300.00 on September 25, 2018, for the sale of

Creel;

m. $100.00 on September 26, 2018, for the listing of

Venetian, Na ll;

n. $100.00 on October 2, 2018, for the listing of Colorado, Luidmela;

o. $100.00 on October 15, 2018, for the listing of

Kerry Downs, DeGraaf;

p. $100.00 on October 15, 2018, for the listing of Emerson, Board; and

q. $250.00 on October 19, 2018, for the sale of

Amaryllis.

8. Ms. Mayer did not hold a real estate license when any of the

aforementioned payments and/or sales were completed.

9. The D ivision and Ms. Bolt submitted a “proposed disposition” that is

adopted by the undersigned and set f orth below.

C ONCLUSIONS O F L AW

10 . Pursuant to section 120.57 4 , DOAH has jurisdiction over the parties

and subject matter of this proceeding.

1 1 . Chapter 475 governs real estate licensees, and section 475.01(1)(a)

defines a “broker,” in pertinent part , as:

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 therefor, appraises,

auctio ns, 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, in cluding 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 busin ess 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

therefor; and all persons who advertise rental

property information or lists.

1 2 . The Second District Court of Appeal held in Al ligood v. Florida Real

Estate Commission , 156 So. 2d 705 (Fla. 2d DCA 1963) , that a telephone

solicitor paid for contacting people by telephone and inviting them to visit a

real estate development project at the developer’s expense was subject to

regulatio n under chapter 475.

1 3 . Section 455.227(1)(j) subjects a real estate licensee to discipline for:

[a]iding, assisting, procuring, employing, or

advising any unlicensed person or entity to practice

a profession contrary to this chapter, the chapter

regula ting the profession, or the rules of the

[Department of Business and Professional

Regulation] or [the Florida Board of Real Estate].

1 4 . A real estate licensee violate s section 475.25(1)(h), if the licensee:

[h] as shared a commission with, or paid a fe e or

other compensation to, a person not properly

licensed as a broker, broker associate, or sales

associate under the laws of this state, for the

referral of real estate business, clients, prospects,

or customers, or for any one or more of the services

se t forth in s. 475.01 (1)(a). For the purposes of this

section, it is immaterial that the person to whom

such payment or compensation is given made the

referral or performed the service from within this

state or elsewhere; however, a licensed broker of

this state may pay a referral fee or share a real

estate brokerage commission with a broker licensed

or registered under the laws of a foreign state so

long as the foreign broker does not violate any law

of this state.

1 5 . Section 475.42(1)(c), mandates that “ [a] broker may not employ, or

continue in employment, any person as a sales associate who is not the holder of a valid and curre nt license as a sales associate ...”

O RDER

Based on the foregoing Findings of Fact , Conclusions of Law , and

proposed dispositio n submitted by the parties , it is O RDERED that :

1. Ms. Bolt shall pay a fine of $1 ,000.00 for violating section 45 5.227(1)(j);

a fine of $1,000.00 for violating section 475.25(1)(h); and investigative costs of

$435.00. Ms. Bolt shall pay the fines and inve stigative costs by separate

checks made payable to the Department of Business and Professional

Regulation, Division of Real Estate, within six months from the rendition of

the instant Summary Final Order. Payment shall be mailed to 400 West

Robinson Street ; Suite N801 , Orlando, Florida 32801.

2. Ms. Bolt shall complete a 14 - hour continuing education course within

six months of the rendition of the instant Summary Final Order. That

education is in addition to any requirement for Ms. Bolt to maintain a real

e state license. The course may be attended live or online. However, the course

must be authorized and/or approved by the Florida Real Estate Commission.

Unapproved or out - of - state courses will not satisfy this requirement.

3 . Count Three of the Division’s Administrative Complaint is dismissed.

4. This Summary Final Order shall be construed as disciplinary action

against Ms. Bolt’s license pursuant to section 455.227(1)(f). The Division and

the Florida Real Estate Commission may consider this Summary Final Order

in connection with any future disciplinary proceeding s .

5. This Summary Final Order shall not preclude or deter the Division or

the Florida Real Estate Commission from other disciplinary proceedings

against Ms. Bolt for acts or omissions unrelated to those set forth in the

Administrative Complaint.

6. Each party shall bear any and all attorney’s fees and costs incurred in

connection with this cause, except for the costs set forth above which shall be

paid by Ms. Bolt.

D ONE A ND O RDERED this 2 7 th day of October, 2020 , in Tallahassee, Leon

County, Florida.

G. W. C HISENHALL

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 48 8 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 7 th day of October, 2020.

C OPIES F URNISHED :

Marcella Bolt

5626 Woodstork Lane

Grant, Florida 32949

Amanda Sampaio Bova, Esqu ire

Department of Business and Professional Regulation

400 West Robinson Street

Orlando, Florida 32801

(eServed)

Daniel Villazon, Esquire

Daniel Villazon, P.A.

Suite 535

5728 Major Boulevard

Orlando, Florida 32819

(eServed)

Nadia M. Hamade, Esquire

Dep artment of Business and Professional Regulation

2601 Blair Stone Road

Tallahassee, Florida 32399

(eServed)

Katy McGinnis, Director

Division of Real Estate

Department of Business and Professional Regulation

400 West Robinson Street, Suite N801

Orlando, Fl orida 32801

(eServed)

Halsey Beshears, Secretary

Department of Business and Professional Regulation

2601 Blair Stone Road

Tallahassee, Florida 32399 - 2202

(eServed)

Ross Marshman, Acting General Counsel

Office of the General Counsel

Department of Busin ess and Professional Regulation

2601 Blair Stone Road

Tallahassee, Florida 32399 - 2202

(eServed)

N OTICE O F R IGHT T O J UDICIAL R EVIEW

A party who is adversely affected by this Final Order is entitled to judicial

review pursuant to section 120.68, Florida Statutes. Review proceedings are

governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied

by any filing fees prescribed by law, with the clerk of the d istrict c ourt of

a ppeal in the appellate district where the agency maintains its headquarters

or where a party resides or as otherwise provided by law.