STATE OF FLORIDA MT5s PB! Oe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION oe _ FLORIDA REAL ESTATE COMMISSION “& FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, O / he 0 / Petitioner, ~ vs. ee — a FDBPR Case N° 99-80505 ROBERT MERMELSTEIN. | | | | Respondent. ; ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Robert Mermeistein ("Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including § 20.165, and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. At all material times, Respondent was a licensed Florida real estate broker, issued license number 0403098 in accordance with Chapter 475(Part I), Fla. Stat. 3. The last license issued was as a broker, t/a Wellington Villas Properties, 2015 Lockheed Terrace, West Palm Beach, Florida 33414. FDBPR v. Robert Mermelstein Case No. 99-80505 Administrative Complaint 4. On December 9, 1998. a DBPR investigator conducted an inspection and escrow audit at the office of Respondent. A copy of the Office Inspection & Escrow/Trust Account Audit Form is attached and incorporated as Exhibit 1. 5. Respondent maintained an operating account, SunTrust Bank of Ft. Lauderdale +0629002018537, which Respondent used as an escrow account for security deposits and rental distributions. 7 6. On December 9, 1998, the total trust liability in SunTrust Bank account #0629002018537 equaled $39,195.00 and the reconciled bank balance equaled $3,137.88, resulting in a shortage of $36,037.12. 7. Respondent also failed to make monthly written statement-reconciliations since at least September of 1998. COUNT I Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat. (1998). COUNT II Based upon the foregoing, Respondent is guilty of failure to prepare the required written monthly escrow statement-reconiciliations in violation of Rule 61J2-14.012(2) and (3), F.A.C. (1998) and § 475.25(1)(e), Fla. Stat. (1998). FDBPR v. Robert Mermeistein _ Case No. 99-80505 Administrative Complaint WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be_ imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license. registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license. registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. ltt at 00 APR 28 AMI: 17 ayy ich ADMIN See § 455.227, Fla, Stat, and Rule 61J2-24.001, Fla, amit ERBES. SIGNED this_ Ao day of ofa) FDBPR v. Robert Mermelstein Administrative Compiaint Case No. 99-80505 As <7 Bepartment of LL ; Professional Regulation “By: Herbert S. Fecker, Jr. Director, Division of Real Estate ue OE ATTORNEY FOR PETITIONER Kay Y lg Robert W. Burijon, Jr. 4/7/> . i Soe cee ee Florida Bar N° 434485 | / zy fir ___ Senior Attorney, Real Estate ; | Lo L ZL — ee Department of Business and } Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX RWB/k PCP: HF/CS 1/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE F URTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this pee oe _ Please see the enclosed Explanation of ‘Rights 2 and FDBPR v. Robert Mermelstein _..., Case No. 99-80505 Administrative Complaint II Ee : oe matter; and tha you have the right, at your option and expense, ‘to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf ifa a formal hearing i is 5 requested. a“ PLEASE BE FURTHER ADVISED that if you udo no e an Election of Rights form or some other responsive p receipt of this Administrative Co Commission a motion requesting an informal hearing and entry ofa an ‘appropriate. Fi ‘inalOrder which may resuit in the suspension or revocation of your real estate license or registration. ction of Rights form. one (21) days of ~~” A eet gg OOSLY FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM BROKER 1ICENS! NAME OF BRO’ __ . AME R BROKER LICENSE # Ll BROKER LICESNE # NAME OF BROKERAGE LICENSE # OF BROKERAGE PHONE NUMBER ca Sb /- 97%.-