IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA

- CIVIL DIVISION -

OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS,

Plaintiff,

v.

JAY & J ENTERPRISES, INC., d/b/a AMERICAN LAND LIQUIDATORS, a Florida for-profit corporation,

Defendant. ___________________________________ ./

CASE NO: 13- Q))3S h • C:C. DIVISION: __ ---~-j_

COMPLAINT FOR INJUNCTIVE RELIEF, DAMAGES, CIVIL PENALTIES AND OTHER STATUTORY RELIEF

This is an action for injunctive relief, declaratory relief, damages, costs, attorneys' fees

and penalties brought under the Florida Deceptive and Unfair Trade Practices Act, Chapter 501,

Florida Statutes and Florida's Telemarketing Act, Chapter 501, Part IV, Florida Statutes.

Plaintiff, OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA,

DEPARTMENT OF LEGAL AFFAIRS ("the Department"), sues Defendant, JAY & J

ENTERPRISES, INC., d/b/a AMERICAN LAND LIQUIDATORS, a Florida for-profit

corporation, and alleges:

JURISDICTION AND VENUE

1. Tills is an action for injunctive and other statutory relief, brought pursuant to the

Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes.

Plaintiff is the enforcing authority of Florida's Deceptive and Unfair Trade Practices Act as

defined in Chapter 501,"Part II, Florida Statutes, and is authorized to seek damages, injunctive

and other statutory relief pursuant to this part.

2. This court has subject matter jurisdiction pursuant to the provisions of Chapter

501, Part II, Florida Statutes.

3. All actions material to this Complaint for Injunctive Relief, Damages, Civil

Penalties and Other Statutory Reliefhave occurred within four (4) years of the filing of this

action.

4. The statutory violations alleged herein occur in or affect more than one judicial

circuit in the State of Florida, including Pinellas County, and the Sixth Judicial Circuit.

5. Venue is proper in Pinellas County, Florida, as the statutory violations alleged

herein occurred in or affected more than one judicial circuit in the State of Florida, including

Pinellas County. Venue is proper in the Sixth Judicial Circuit as the Defendant conducted

business in Pinellas County.

PLAINTIFF

6. The Plaintiff is an "enforcing authority" of Chapter 501, Part II, Florida Statutes,

and is .authorized to bring this action and seek injunctive relief and other statutory relief pursuant

to that chapter.

7. Plaintiff has conducted an investigation ofthe matters alleged herein and Attorney

General Pam Bondi has determined that this enforcement action serves the public interest, as

required by §501.207(2), Florida Statutes.

DEFENDANT JAY & J ENTERPRISES, INC., d/b/a AMERICAN LAND LIQUIDATORS

8. Defendant JAY & J ENTERPRISES, INC., d/b/a AMERICAN LAND

LIQUIDATORS ("Jay & J ") was a for-profit Florida corporation, registered with the Florida

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Department of State, Division of Corporations, and was located in Pinellas County, Florida. The

Florida Department of State, Division of Corporations, indicates that Defendant Jay & J has

been administratively dissolved for failure to file an annual report as of September 28, 2012.

9. Defendant JAY & J was a business entity engaged in advertising undeveloped

real estate for sale through telemarketing. Defendant JAY & J employed an in~house staff of

telemarketers to call consumers who owned undeveloped real estate and solicit them to pay

Defendant JAY & J a fee to advertise the consumer's undeveloped real estate for sale.

10. Defendant JAY & J also owned and operated a website located at the URL

address http:/ /www.AmericanLandLiquidators.com.

11. At all times relevant to this action Defendant JAY & J engaged in trade or

commerce as defined in§ 501.203(8), Florida Statutes, ceasing business on or about September

28,2012.

12. Defendant JAY & J, at all times material hereto, provided goods or services as

defmed within§ 501.203(8), Florida Statutes, within the State of Florida and Pinellas County.

13. Defendant JAY & J, at all times material hereto, solicited. consumers within the

definitions of§ 501.203 (7), Florida Statutes.

14. Defendant JAY & J, at all times material hereto, was engaged in a trade or

commerce within the definition of§ 501.203(8), Florida Statutes.

15. DefendantJAY & J, at all timespertinentherein was subject to§ 501.616(2),

Florida Statutes:

Section 501.616 Unlawful acts and practices.-

***** (2) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson.

- 3 -

16. Defendant JAY & J, at all times pertinent herein, was subject to § 501.609(3),

Florida Statutes:

Section 501.609 License renewal.-

***** (3) If any change is made to any script, outline, presentation, sales information, or literature used by a licensee in connection with any solicitation, the new or revised material must be submitted by the licensee to the department within 10 days of the change.

17. Defendant JAY & J , at all times pertinent herein, was subject to§ 475.01, Florida

Statutes:

Section 475.01 Definitions.-(!) As used in this part: (a) "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 therefor, 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 therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4)(a). Where the tenn "appraise" or "appraising" appears in the definition of the tenn "broker," it specifically excludes those appraisal services which must be performed only by a state-licensed or state-certified appraiser, and those appraisal services which may be performed by a registered trainee appraiser as defined in part TI. The tenn "broker" also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. The term "broker" also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20.

- 4 -

STATEMENT OF FACTS AND DEFENDANT'S GENERAL COURSE OF CONDUCT

18. At all pertinent times, Defendant JAY & J marketed advertising to owners of

undeveloped real estate in Florida, and throughout the United States, via telemarketing and

internet advertising.

19. Commencing on a date unknown, but at least as of March 3, 2011, Defendant

JAY & J engaged in a systematic pattern of conduct designed and intended to induce consumers

to pay Defendant a fee to advertise undeveloped real estate for sale on its website, via a series of

false and fraudulent misrepresentations.

20. Commencing on a date unknown, but at least as of March 3, 2011, Defendant

JAY & J solicited, charged and received payment from owners of undeveloped real estate for

"marketing" services. In return for said payments from consumers, Defendant JAY & J falsely

represented to owners of undeveloped real estate that Defendant JAY & J would market and/or

advertise their undeveloped real estate in an attempt to re-sell it, when in actuality the

undeveloped real estate was merely listed on a website, to which no web traffic was directed.

21. Commencing on a date unknown, but at least as of March 3, 2011, Defendant

JAY & J falsely misrepresented to consumers that Defendant JAY & J actively matches buyers

and sellers to facilitate a sale.

22. In order to utilize Defendant's real estate marketing services, Defendant JAY & J

required hundreds of consumers to pay Defendant an "advertising fee" of varying costs each,

while Defendant falsely assured the consumers that efforts were being made by Defendant to re-

sell undeveloped real estate for the consumers' benefit.

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23. Defendant JAY & J made blatant misrepresentations to obtain the "advertising

fee" by claiming it could definitely sell undeveloped real estate within a certain time period or it

had buyers waiting with approved financing to buy undeveloped real estate.

24. Defendant JAY & J made promises and misrepresentations of the contract terms

while telemarketing to consumers over the telephone and then furnished written contracts to

consumers which contained completely different terms regarding Defendant's advertising

services relating to undeveloped real estate.

25. Defendant JAY & J charged consumers' credit cards or cashed consumers'

checks without regard to whether a signed written contract from the consumer delineating all the

terms and conditions of the services Defendant provided had been received by the Defendant.

26. Defendant JAY & J made changes to scripts, outlines, presentations, sales

information or literature in connection with solicitations without submitting of the same

to the Florida Department of Agriculture and Consumer Services (DACS) within 10 days

ofthe change.

27. While Defendant JAY & J was licensed through DACS to operate as a

telemarketer it was found to be employing and utilizing unlicensed sales people in March, 2011,

when DACS conducted an onsite inspection of Defendant's business premises. In the

alternative, Defendant Jay & J was affiliated with unlicensed salespersons.

28. Although Defendant JAY & J was licensed through DACS'to operate as a

telemarketer, when DACS conducted an onsite inspection of its business premises Defendant

was found to be using sales scripts which were not previously provided to DACS. Businesses

must submit copies of all scripts used during any and all sales calls, to include but not be limited

to the sales pitch, verification, rebuttals and "up-sales."

- 6-

29. In an Investigator's Field Report, DACS found Defendant JAY & J in violation

of§§ 501.616(2) and 501.609(3), Florida Statutes, and listed said violations on said Report, a

copy of which is attached to Investigator Mills' Affidavit as Exhibit 1 and filed concurrently

with this Complaint.

30. In a letter dated March 3, 2011, DACS hand-delivered an Administrative

Complaint to Defendant JAY & J and administratively fined it Twenty Thousand Dollars

($20,000.00) to be paid within twenty-one (21) days of March 3, 2011. A copy of said

Administrative Complaint is attached to Investigator Mills' Affidavit as Exhibit 2 and filed

concurrently with this Complaint.

31. Defendant JAY & J has not paid the administrative fine assessed against it in

March, 2011 by DACS; Jayson Rodriguez, President and Director of Defendant JAY & J,

indicated to Plaintiff that he and the Defendant lack the financial resources necessary to pay the

administrative fine to DACS, and lack financial resources to pay restitution, attorney fees and

costs, or penalties in this civil action, if assessed.

32. On or about January 23, 2012, Jayson Rodriguez reported a burglary allegedly

occurring at the Largo, Florida, business office of Defendant JAY & J to the Largo, Florida,

Police Department, and filed a report indicating that Defendant's business records were stolen,

sometime between the dates of January 20, 2012, and January 23, 2012.

33. Defendant JAY & J claims to have ceased business operations in or about May

2011.

COUNT I DECEPTIVE AND UNFAIR TRADE PRACTICES

34. Plaintiff adopts, incorporates herein andre-alleges paragraph numbered 1 through

3 3 as if fully set forth hereinafter and further alleges:

- 7-

35. Chapter 50 1.204(1) and 501.202(2), Florida Statutes, declare that unfair and

deceptive acts or practices in the conduct of any trade or commerce are unlawful.

36. The Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II,

Florida Statutes, provides that "unfair methods of competition, unconscionable acts or practices,

and unfair or decertive acts or practices in the conduct of any trade or commerce are hereby

declared unlawful."

37. Defendant has violated the Florida Deceptive and Unfair Trade Practices Act,

§ 501.201, Florida Statutes, by using deceptive and unfair practices in the marketing and

advertising re-sale services of undeveloped real estate based on the above-described acts and

practices.

38. These above-described acts and practices of the Defendant have injured and will

likely continue to injure and prejudice the public.

39. Unless the Defendant is permanently enjoined from engaging further in the acts

and practices complained of herein, the Defendant's actions will result in irreparable injury to the

public for which there is no adequate remedy at law.

COUNT II VIOLATIONS OF CHAPTER 501, PART II, FLORIDA STATUTES

THROUGH VIOLATION OF§§ 501.609 AND 501.616, FLORIDA STATUTES

40. Plaintiff adopts, incorporates herein andre-alleges paragraphs 1 through 33 as if

fully set forth hereinafter and further alleges:

41. Section 501.609, Florida Statutes, requires annual licensure and fees associated

therewith as a condition to do business in the state. Furthermore, material changes in

information submitted before the renewal date requires a licensee to submit that information to

the department along with a fee.

- 8-

42. Section 501.616, Florida Statutes, defmes unlawful acts and practices under the

telemarketing act, including requirements for licensure and employment of telemarketers.

43. Defendant JAY & J has violated§§ 501.609 and 501.616, Florida Statutes, by

using unlawful acts and practices.

44. These above-described acts and practices of the Defendant JAY & J have

prejudiced the public.

45. Unless the Defendant JAY & J is permanently enjoined from engaging further in

the acts and practices complained herein, the Defendant's actions will result in irreparable injury

to the public for which there is no adequate remedy at law.

COUNT ill VIOLATIONS OF CHAPTER 475, PART I, FLORIDA STATUTES­REAL ESTATE BROKERS, SALES ASSOCIATES, AND SCHOOLS

46. Plaintiff adopts, incorporates herein andre-alleges paragraphs 1 through 33 as if

fully set forth hereinafter and further alleges:

4 7. Defendant JAY & J acted as a broker within the meaning and definitions of the

statutes.

48. Defendant JAY & J did not register as, nor was it licensed as a broker, all in

violation of Florida Statutes.

49. These above-described acts and practices of the Defendant JAY & J have injured

and will likely continue to injure and prejudice the public.

50. Unless the Defendant JAY & J is permanently enjoined from engaging further in

the acts and practices complained herein, the Defendant's actions will result in irreparable injury

to the public for which there is no adequate remedy at law.

- 9-

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, Office of the Attorney General, State of Florida, Department

of Legal Affairs, respectfully requests that this Court enter an Order granting:

1. A permanent injunction prohibiting Defendant JAY & J and its officers, agents,

servants and employees and those persons in active concert or participation with those who

receive actual notice of the Court's Orders, from engaging in any activity within the State of

Florida, or from outside the State of Florida but involving Florida businesses or Florida residents,

which relates in any way to marketing or advertising undeveloped real estate sales or re-sales;

2. Full restitution in the amount ofNineteen Thousand Two Hundred Thirty-Seven

Dollars and Twenty Cents ($19,237.20) awarded for all consumers who were deceived by

Defendant JAY & J in connection with the advertisements or re-sales in question or in

connection with any transactions transpiring in Florida, including solicitation or telemarketing

originating from Florida or payment received in Florida, purporting to re-sell or advertise the

sale of undeveloped real estate (as shown by attached Affidavit ofMark Mills and its exhibits);

3. Civil penalties assessed against Defendant JAY & J in the amount often

thousand dollars ($1 0,000.00) for each violation of Chapter 501, Part II, Florida Statutes,

pursuant to§ 50}.2075, Florida Statutes, and civil penalties in the amount of fifteen thousand

dollars ($15,000.00) for each violation victimizing a senior citizen, pursuant to§ 501.2077,

Florida Statutes;

4. Reasonable attorneys' fees, expenses and costs awarded to the Department of

Legal Affairs pursuant to§§ 501.2105 and 501.2075, Florida Statutes; and

5. Such other and further relief as may be just and equitable.

Dated this /l-It- day of January, 2013.

- 10-

Department of Legal Affairs, Ofti.ce of the Attorney General 3507 E. Frontage Road; Suite 325 Tampa, Florida 33607 Telephone (813) 287-7950 Facsimile (813) 281-5515 Robert. Follis@MyFloridaLegal. com

- 11 -

AFFIDAVIT OF MARK MILLS, FINANCIAL INVESTIGATOR

STATE OF FLORIDA,

COUNTY OF lllLLSBOROUGH:

BEFORE ME, the undersigned authority, personally appeared Mark Mills, who being

duly sworn, deposes and says:

1. I, Mark Mills, am employed by the Florida Office of the Attorney General and

hold the position of Financial Investigator. I am presently assigned to the Consumer Protection

Division in Tampa, Florida, and conduct civil investigations under Florida Chapter 501, the

Unfair and Deceptive Trade Practices Act. I am competent to make this Affidavit.

2. In August 2011, the Florida Office of the Attorney General, State of Florida,

Department of Legal Affairs, Economic Crimes Division ("the Department") initiated an

investigation into the business practices of JAY & J ENTERPRISES, INC., d/b/a AMERICAN

LAND LIQUIDATORS (referred to as "Jay & J"), under the Florida Deceptive and Unfair Trade

Practices Act, Chapter 50 1, Part II, Florida Statutes, and I was assigned to the case.

3. In the course of that investigation, I discovered that while Jay & J was licensed

through the Florida Department of Agriculture and Consumer Services ("DACS") to operate as a

telemarketer, it was found in March 2011 to be employing and utilizing the services of

unlicensed sales people when DACS conducted an onsite inspection of Jay & J's business

premises.

4. In the course of that investigation, I discovered that while Jay & J was licensed

through the DACS to operate as a telemarketer, it was found in March 2011 to be utilizing sales

scripts which were not previously provided to DACS, when DACS conducted an onsite

inspection of Jay & J's business premises.

I OF2

5. I obtained a copy of the Investigator's Field Report in which DACS found Jay & J

to be in violation of§§ 501.616(2) and 501.609(3), Florida Statutes, and listed said violations on

the copy of that Report, which is attached to this Affidavit as Exhibit 1.

6. I also obtained a copy of an Administrative Complaint in letter form, dated March

3, 2011, which DACS indicated it hand-delivered to Jayson Rodriguez and Jay & J, and

administratively fined it Twenty Thousand Dollars ($20,000.00), to be paid within twenty-one

(21) days of March 3, 2011. A copy of that Administrative Complaint is attached to this

Affidavit as Exhibit 2.

7. Through my review of complaints received by the Department, I learned that the

complainants paid Jay & J up to Nineteen Thousand Two Hundred Thirty-Seven Dollars and

Twenty Cents ($19 ,23 7 .20) in fees for service. A summary of consumer complaints is attached to

this Affidavit as Exhibit 3.

8. The above statements are true and correct to the best of my knowledge and belief.

9. And further this Affiant saith naught.

BEFORE ME, an officer duly authorized to take acknowledgments in the State of

Florida, personally appeared Mark Mills, w is personally known to me, and acknowledged the

foregoing Affidavit, on this ~--day o , 2013.

Sworn to and subscribed before e , 2013.

My commission expires:

[NOTARIAL SEAL]

~\~t~ M. K. HARMON t~: :R: Commission# DO 933372 ~ . i!.";,.~ Expires October 15,2013

.. ~·- Bordec!ThNTIO)'Foil~~71l18

. K. Harmon, Commission# DD 933372

20F2

Florida Department of Agriculture and Consumer Sefvices Division of Consumer Services

Program Area: check one

ADAM H. PUTNAM COMMISSIONER

Respond By:

21days

Bureau of Investigations

INVESTIGATOR'S FIELD REPORT Terry Lee Rhodes Buildln9. 2005 Apalachee Partway, TaHahassee, FL 32301

. 1-800-HELP-FLA (435-7352) Fax: 850410-3839 www. freshfromflorida.com

Case#: 1009-33950 I .

Date: March 3, 2{)11 Investigator: ve.ev Time In: 3:30 Time Out:

Business Type (check one):

0 Corporation 0 Partnership 0 Sole Proprietor 0 Franchisee

Business Name: Jay & J Enterprise, lnc.

DACS Reg#: (if epprrcable) TC3874

DHSMVReg#: (If epplicabfe)

Person Interviewed: <.:Ja:.<y.:;;..so.::..:n=-R;;.c.o.::.;d.::..:n""'·gu'-'=ez-'--------'------- Trtle:

Business Address: 13284 66th St, Largo, FL 33773

. Mailing Address: (if dilferwrt from above)

Phone: 727-455-3469 cell ----------------

Violation: 501.616(2), 501.609(3)

Owner:

Pres.

(Ust violation including statute,~~ and~ numbers)

Instructions to Facility:

HS 0 §501.012·501.019

BO [J §559.8!}.M9.815

OS 0 §501.143

IM 0 §507.01..!JOT.15

PG [J osoueo P\1\iN [J §.539.001

TMK ~ §50t.ll01..S01 626

soc [] §496.401-496.426

UDT D §501.201-501.213

SOT 0 §5SU26-559.939

MVR 0 §55U01-559.9221

NS 0 §50Ul59

GP 0 §849.094 (1-10)

PSAM 0 §472.001-472.037

OTR 0

frbe above-stated business, although licensed through the Dept. to operate as a telemarketer, was found tn be employing and un1izing unlicensed ~ales people, which is a violation ofFS 501.616(2). The above-stated business, although licensed through the Dept to operate as a telemarketer, Was found to be using soipts that have not been provided to the Department. which is a violation of FS 501.609(3). The business must submit copies of all scripts used during any and all sales calls, tn include, but not be limited to, the sales pitch, verification, rebuttals and "up-sales".

Note: Failure to comply with fhe sforementioned Florida Statute may result in administrative fines or other penalty.

0 Administrative Complaint Hand Delivery of Documents: 0 Subpoena 0 Final Order ~Other: FIELD AC- A72021, NOTICE OF RIGHTS

Notes/Comments: Anytime a change is made to any script, the business must submit a copy to the Dept. for review within 10 days of the Change along with a $10 fee.

Violating any provisions of the FL Telemarketing Act ls a 3rd degree felony. All current and future sales reps working for a telemarketin9 busineGS must be individually licensed. Conducting business as a telemarket.er using unlicensed salespeople in the state of Florida is a 3rd degree felony. A business and/or salesperson can obtain registration matelials by visitin9 http://Www.800helpfla.com/tmkfaq2.html or calling 1-800-HELP-Ft.A. Collection ofFunds: 0Fina 0Fee Oother/Type of Payment ----------------- Amount:$-----------

·-I havcceived a)oiV'd Report and have been briefed by the investigator as to Its contents and requirements.

_fllanogcmenl Percoonol) (Oa!B)

-a.:> . __ ............ :... I .

lhav~ ( /1. ·. -

~e above named Individual on the items noted above.

ahf; ~ (Signall8e of Investigator or Department Ropresonta1iw)

EXHIBIT (0818)

~

DACS-10905 Rev 12110 I L

DIVISION Of CONSUMER SERVICES (850) 922-2966

THE RHODES BUILDING 2005 APALACHEE PARKWAY

TALLAHASSEE, FLORIDA 32399·6)00

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM

Method of Delivery: Hand Delivery

Jay & J Enterprise, Inc. a Florida corporation, and Jayson Rodriguez, Individually 13284 66th St. Largo, FL 33773

Date: March 3, 2011

SUBJECT: Administrative Complaint

Dear Mr. Rodriguez:

INVESTIGATIVE RESULTS

Case No: 1009~33950

Agency Clerk: A72021

An investigation was conducted by the Department of Agriculture and Consumer Services ("Department"). As a result of the investigation, the Department found the following violation(s):

~l Section 501.616(2), Florida Statutes: It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson (as described in the Investigative Field Report attached and incorporated into this Administrative Complaint).

0 Section 501.616(4), Florida Statutes: It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed (as described in the Investigative Field Report attached and incorporated into tlris Administrative Complaint).

0 Section 50L605(2)(j), Florida Statutes: Prior to doing business in this state, ~ applicant for a license as a commercial telephone seller must submit to the department, in such form as it prescribes, a written application for the license. The application must set forth the following infonnation; the complete street address of each location, de~ignating the principal location, from which the applicant will be doing business. If any location is a mail drop, this shall be disclosed as such (as described in the Investigative Field Report attached and incorporated into this Administrative Complaint).

t8J Section 501.609(3), Florida Statutes: If any change is made to any script, outline, presentation. sales information, or literature used by a licensee in connection with any solicitation, the new or revjsed material must be submitted by the licensee to the department within 10 days of the change (as described in the Investigative Field Report attac · into this Administrative Complaint).

EXHIBIT

I ~

0 Section 501.609(2), Florida Statutes: Except as otherwise provided in subsection (3), if any material change in the infonnation submitted for licensing occurs before the date for renewal, a. licensee shall submit that information to the department in the manner ·prescribed by the department, along with a fee in the amoWlt of $10. Section SJ-6.005(3), Florida Administrative Code: The licensee shall notify the Department of all material changes in the infonnation submitted in the application for license, including the original application for license, or any application for renewal of the license, occurring prior to renewal within 10 days of the change. The licensee shall utilize form DACS 10001 (as described in the Investigative Field Report attached and incorporated into this Administrative Complaint).

SETTLEMENT

At this time the Department is willing to settle this matter as follows:

Jay & J Enterprise, Inc., a Florida c01poration, and Jayson Rodriguez, Individually, shall within 21 days of the receipt of this Administrative Complaint, pay an administrative fine of Twenty Thousand Dollars ($20,000.00). Monies should be submitted in the form of check or money order made out to the Department of Agriculture and Consumer Services.

If this settlement is acceptable, please indicate your acceptance by signing the Settlement Agreement and return the signed Settlement Agreement along with your payment and all other documents required for settlement in the envelope provided within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter.

ADMJNISTRA TIVE HEAlUNG AVAILABLE

If you wish to contest the Department's findings, you have the right to request an administrative hearing to be cnnducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argumen~ to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty.

DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING

Your request for a hearing must be received within twenty-one (21) days of receipt of this letter.

FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING

If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law.

Jay & J Enterprise, Inc., a Florida corporation, and Jayson Rodriguez, Individually Page Three

Case No: 1009-33950

FURTHER INFORMATION

If you wish to discuss this matter, please call 1-800-435-7352 or (850) 922-2966.

PP/mv Enclosures: x Copy of Statutes/Registration Form

x Notice of Rights

Sincerely,

ADAM H. PUTNAM COMMISSIONER OF AGRICULTURE

Paul J. Pagano, Chief Bureau of Investigations

Issued by: lnv~ ~ Received by: ~--·-:;. :: . ~

D JVISION oP CoNSUMER SERVIens (850) 922-:Z.966

' THB RHODES B UILDlNG 2.005 APALACHEE PAR!CWAY

TALLAHASSEE, FLORIDA 32399-6500

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM

Date: March 3, 2011

SETTLEMENT AGREEMENT

Jay & J Enterprise, Inc. a Florida corporation, and Jayson Rodriguez, Individually 13284 66th St. Largo, FL 33773

Case No: 1009-33950

Agency Clerk:A72021

I hereby agree to settle the violations stated in the Administrative Complaint dated March 3, 2011, as follows (check one):

__ I agree to pay the fine amount of $20,000.00, execute and return this agreement, and comply with all laws and rules contained in the Florida Telemarketing Act, Sections 501.601-501.626, Florida Statutes, including without limitation the requirements for licensing.

__ I agree to pay the fine of $20,000.00 and immediately cease doing business as a Telemarketer.

I further agree that if I fail to comply with 1he terms of this settlement the Department may enter a Final Order imposing the maximum penalties authorized by Florida. law, and may seek additional remedies in court.

N arne (please print) Legal Name of Business

Signature Date

Title Telephone

ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT.

Return Address:

Department of Agriculture & Consumer Services P. 0. Box 6700 Tallahassee, Florida 323996700

Telemarketing

Org Code: 42100207000 A2 Obj"t Code: 012052 ($20,000.00) Fine

Org Code: 42100607000 A2 Object Code: 002050($ ) Reg.

Complainant 1 Matthew Azzarone 2 Elizabeth M. Gibbs 3 Ms. Ruth E. Lane 4 JoAnn Shubert 5 Barbara Creager 6 William H. Herrin 7 Ruth M. Rozansky 8 Catherine J. Sannerud 9 Elsie M. Baehr

1 0 George Heinsohn 11 Donald Nagy 12 Mrs. Alice M Stanford 13 Linda E. Kelly 14 Margaret E. Shirk, Nancy Yonally

Complaint Summary

State Complaint Summary NV Misrepresentation of services. TX Misrepresentation of services. IN Misrepresentation of services. NM Misrepresentation of services. TX Misrepresentation of services. KS Misrepresentation of services.

NJ Misrepresentation of services. WA Misrepresentation of services. IL Misrepresentation of services. KY Misrepresentation of services. VA Misrepresentation of services. ws Misrepresentation of services. MS Misrepresentation of services. KS Misrepresentation of services.

Total

EXHIBIT

~3 j

Amount $ 949 $ 1,000 $ 525 $ 1,400 $ 698 $ 503 $ 986 $ 749 $ 1,195 $ 900 $ 6,636 $ 2,796 $ 500 $ 400

$ 19,237