Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: CURTIS L. TINKES
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jan. 05, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 9, 2001.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE COMMISSION
FLORIDA DEPARTMENT OF BUSINESS
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DIVISION OF REAL ESTATE, O-ocKo~l 225 3
Petitioner, OF: S
vs.
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FDBPR Case N° 99-82097
CURTIS L. TINKES,
Respondent.
/
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real
Estate (hereinafter "Petitioner") files this Administrative Complaint against Curtis Tinkes
(hereinafter "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, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules
promulgated pursuant thereto.
2. Respondent is and was at all times material hereto a licensed Florida real estate broker,
issued license numbers 3001631 and 3005008 in accordance with Chapter 475, Fla. Stat.
i
3. The fast license issued was as a broker c/o Homefinders of Orlando, Inc., 3730 Old
Winter Garden Road, Orlando, Florida 32805 and c/o Apartments Available, Inc., 2354 B.
Winterwoods Blvd., Winter Park, Florida 32792.
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FDBPR v. Curtis L. Tinkes Case No. 9982097
Administrative Complaint
4. On or about October 7, 1997, Respondent entered into a management agreement with
Mark D. Robinson (“owner”) for property located at 2908 Sunbittern Ct., Windermere, Florida
34786. A copy of the agreement is attached hereto, incorporated herein and made a part hereof by
reference as Administrative Complaint Exhibit 1.
5. The agreement provides in part in Section Two: Duties of Agent, paragraph 9.
Payment of owner: “After Agent deducts all authorized expenses and reserves relating to the
operation and management of the Property from the funds collected for the account of Owner,
Agent shall deposit the net amount of such funds to the account of Owner....”
6. David and Mary Ann Evans, the tenants during the times material to these allegations,
were leased the property through Respondent.
7. It appears that on or about October 8, 1998, the tenants provided payment to
Respondent for the September and October rent. Respondent deposited check #185 for $3,800,
and check #186 for $3,800 from the tenants on or about October 8, 1998. After deducting the
management fee and repair costs, the Respondent forwarded payment to the owner by check
#6691 in the amount of $6,401.43, prior to the clearance of the rental funds. A copy of
Respondent’s trust fund ledger is attached hereto, incorporated herein and made a part hereof by
reference as Administrative Complaint Exhibit 2.
8. The tenants’ checks were returned for insufficient funds, and Respondent deposited
broker funds tosbover the rental proceeds forwarded to the owner.
9. The tenants provided check #193 to Respondent in October of 1998 for $8,000, which
was also returned for insufficient funds.
10. The tenants vacated the property without notice, and Respondent filed a Notice of
FDBPR v. Curtis L. Tinkes Case No. 9982097
Administrative Complaint
Claim on Security Deposit.
11. Respondent requested reimbursement from the owners for the rental proceeds paid by
Respondent’s brokerage firm. The owners refused a refund, and made a demand on the security
deposit. On or about January 6, 1999, Respondent deposited and retained the $3,800 security
deposit to cover the rental proceeds forwarded to the owner.
12. Investigation revealed that on or about March 30, 1999, the tenants paid $4,200 in
cash to Respondent to cover the insufficient funds. Respondent’s trust fund ledger indicates that
this amount was retained by Respondent.
COUNT I
Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in
violation of § 475.25(1)(d)1, Fla. Stat.
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.
COUNT II
Based upon the foregoing, the Respondent is guilty of having made a claim upon a deposit in
violation of Fla. Admin. Code r. 61J2-14.011 and therefore in violation of § 475.25(1)(e), Fla. Stat.
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),
FDBPR v. Curtis L. Tinkes Case No. 9982097
Administrative Complaint
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.
See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code.
FDBPR v. Curtis L. Tinkes Case Nyy P
Administrative Complaint CA ie
SIGNED this 2 at day of Wwe , 2000.
Pepartme, FIL E D
At of pi.
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Divigi
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Professional Regulation
By: Herbert S. Fecker, Jr.
® ae . eck
Bay Glu lop Director, Division of Real Estate
ATTORNEY FOR PETITIONER
Sunia Y. Marsh
Florida Bar N° 0068896
Senior Attorney, Real Estate
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
SM/k
PCP: MV/S 6/00
NOTICE TO RESPONDENTS
fs
PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this Administrative
FDBPR v. Curtis L. Tinkes 4 oe Ks ee I yy Case No. 9982097
Administrative Complaint M) 7
Complaint you may request, within the time aR EA Ve 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
matter; and that 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 if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights
form or some other responsive pleading with the Petitioner within twenty-one (21) days of
receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate
Commission a motion requesting an informal hearing and entry of an appropriate Final Order
which may result in the suspension or revocation of your real estate license or registration.
Please see the enclosed Explanation of Rights and Election of Rights form.
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Home Finpers
of ORLANDO, Inc,
Registered Asal Eotate Groker
TELEPHONE MATUNG
(407) 345-1026 P.O. Blox 696390.
FAX: (407) 345-4716 Ortanda, Florida sabes
MANAGEMENT AGREEMENT
me f — day of OH, 19 a7. detween None brasdons Arainatior Called Ihe “Agent*
ObiWS 04)
fn consideration of ine mutual covenants set forth below,
SECTION OM! EMPLOYMENT OF AGENT
The Owner heraby employs the Agent 31h
the Owner t
ang
Derelnalier calied the “Owner”.
Owner end Agent 49re8 a4 fotlows:
and exclusive agent and representative ta manage farine sccount af the Owner ine propertyot
County of
+ Stata of Floxaa,
s AQUNL SMan take all ceasonabdie ateps to collect and enlorce th.
dve Owner (rom tenants of the above-described Properly In accordance with the terms of tnele lensncies,
2. Expenses ane marty From gross favanyes collected trom ine property Agent shalt;
Y oll opereling expenses and such other expenses as may d.
'¥ 10 any tenders designated by Owner ait suma th. ay become du:
4, Inepection ond repairs, Agent anall da everything feasonably necosss,
Improvemssis. sileratlons, and repales as may be requiced by Owner, No Improvements, alterations,
(8. ! shat be mage by Agent wihout ine prlor authorization of Owner
‘alterations, i Owner ta not readity svallable for consultation, Agent shalt
(3S) copesti on eCCOUnL WIth Agent. io be used for amargency
Agent shat have tne tuthorlly ang exetustve right io Negotiate losses and month-to-month Tenancies with ealitting ing
ante on lerms approved by Owner, Agent shall advertise Ine Properly when vacantal ne expense of tne Owner, bul the Owner thak
Rave the right to tnt sdveritsing expenditures et any tlmg,
4 collection of allrantals end other ehargetinddescses
by Owner, and
a loans aifecting Ine property,
ty for the proper Manigement ofthe Property, and artanging flor tuch
OF rapaly work costing more nan
- 19 C838 of an emergency tnat teauiros bmmediote ich Ge
eg
Use Dis own dlaieretion (agarding sama, Gwner snen maintane
tepales,
wihorily to Aire, supervise, and lerminate on benail of Owner alt Independent contractors ang Property
ly requived In the Operation of auch Property, but all Property einployees are amployses of Owner and net
wnaere applicabia, Agentsnan Srepace lor Ownarpayrolitarceturns 4nd make payments of such tanesio *pproprlate agencies
Jotlations that may arise irom time to ime,
tence, Inarmuch as Apent is not suthorited to Preciicg law, where tegal assistance Is feaded for such ma
Gollection of rentor eviction ol & lonant, such action aman bet
InrOUgh an Eilarney. Cost offegsiexoans whalhortecover,
Owner, Owner agrees to the selection of a allorney by Agant, uniess Owner otherwise dicects Agent in this Agreament,
4, Records. Agent snail maintain accurate records ol alt MOnles received and disbursed in connecilon wiih ta management ol the
auch records shalt be open for Inapaction by Owner at all Feasonadie ima, Agent pratt also render to Owner & montnty stat
fecalpls and disbursements,
ae
4, Payment of owner, Aller Agani.deducts al! tuthorite
the funds coltected far the secount of Owner, Agent shail Gecosit tne Aetamount of such funds to ine
Owner, of make payments 18 Owner may olNerwise elect tn writing,
10, Holding of Funds, Agent hall deposit ADVANCE Hants and securlly deposits colteciad for Owner (leas any sums Properly deducted 43 provides
by thls agreementtin a nonsintorest Dearing trust account separate from AQEA's parsonstor business a
mot be Hable for toss due to bankrupley of or fallure of a Seposito:
"
OC EXDENSES End reserves fetating 10 the ope:
On ANd MeAagament of the Propertyhon
sccount of Owner in & bank derignaiea ty
FALi
i
Li
eCounl: provided howeverthit Agent ana
ry. AQEUNt shall nave authority a2 to Ihe alabursal of ol Meutily deposits,
SECTION THREE: RESPONSIBILITIES OF OWNER (On Reverse Side}
‘
NIP
: “iy
SECTION FOUR: TEAM OF AGREEMENT ANO. COMPENSATION OF AGENT a
1, Term, This speegment shat be fora teem commencing on _ . 927 and ending oy —
Of Bie et 2 Nem commen 19 ind Iereaiter for ennual periods unless on or batore thlity (30) day) ce
pelos to thi 1a lest abovementioned, of On oF Dafore iniry (30) days prior tothe expiration of any such renewal perlod, either party hereto tan
Aouly the other In writing of an Intention lo terminate this egtegeentin which case thls egreement may be tacminated on tne inst maniioned a
1. Compyacation. Pa Aggnt fortis property management rarvices,
(ah 63 lo 14 eth, Feat for the execution al a tease fora Detlod of twetve (12) manins or longer, to be Seauctad trom the firs
month's Vece 4nd three percent (3%) af the Orpss rent lor the axecuiion of @ tease extension, plus
————_ ——- /b % Panola rm Of INE Grass monthly collections (rom the property whichaver Is grerier
Harting the second month 6f eny le r
(b)
Sut
(2) ‘In saaition jne above Compansation, Agent may collect trom lessees all or
Megotlabletheck charge les and/or a (ale fee, and an appli
SECTION FIVE: NOTICES
For purposes of this contract, end yall cnangsd by wrilfen notice, tne
any of tha lollowing fees which shall De retained by Agent:anone
on fee, None of said sums collected nead bE ecounied lor to Owner,
ing address of Owner ang AQENL shall for aN purposes bet
ownen: Liga , O 6 Aye. A s Lk 3376 .
AGENT: ra KO
SECTION 31x: SITUS
Tals sormement shail be construed and governed In accordance with tre taws ol the State of Flortaa.
IN WITNESS WHEAEOF, the parila have executed thly agreement the day and year above writien,
Ownen ~
BROKER
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PAGE
2905 Suvbitfen Couyk INDIVIDUAL MANAGEMENT TRUST FUNDS LEDGER Ee.
OOAESS OF PROPERTY MANAGEO . ’ mh SECURITY DEPOSIT
ECAnS Q Kobi 4)
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TENANTS NAME
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MONTHLY RENTAL
TENANTS TELEPHONE city STATE ap TELEPHONE
Sevcd All Pad Bills -Nowve fr% e f; (813) 9¥2-Z000-
RECEIVED FROM | Receweo Tsuneo ARCOUNT
NUMBER wel =
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MANAGEMENT FEE
TRANSACTION
DESCRIPTION
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BALANCE CARRIED FORWARD > f
Form No. 242a
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PAGE NO
SC r—erneeetienmmmemnarmarenms §— DELNE REA. ESTATE FOPAIS MCMLXXVII BOX 12528 SAN ANTONIO, TX 78212
INDIVIDUAL ANAGEMENT TRUST FUNDS LEDGER
* ele PROPERTY prerass
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Deve Mew Nw) Eds
TENANT'S NAME
£99 -4/41 -O 903- O299- hy
TENANTS TELEPHONE
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DISBURSED
CHECK CHECK INT
TRANSACTION
DESCRIPTION
RECEIVED FROM
OR PAID TO
oe RECEIPT
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ipa Lith Casa | Ty ol Raroals
Wate | book KLEE aoe
We, ‘ders | Ment Fee | False
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PAGE NO
DEANE PEAL ESTATE FORMS MCMLXxVtl BOX 12528 SAN ANTONIO. TX 78212 —eem
Docket for Case No: 01-000050PL
Issue Date |
Proceedings |
Mar. 09, 2001 |
Order Closing File issued. CASE CLOSED.
|
Mar. 08, 2001 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jan. 31, 2001 |
Amended Notice of Hearing issued. (hearing set for March 23, 2001; 9:00 a.m.; Orlando, FL, amended as to date).
|
Jan. 25, 2001 |
Petitioner`s Motion to Continue Final Hearing (filed via facsimile).
|
Jan. 19, 2001 |
Order of Pre-hearing Instructions issued.
|
Jan. 19, 2001 |
Notice of Hearing issued (hearing set for March 2, 2001; 9:00 a.m.; Orlando, FL).
|
Jan. 18, 2001 |
Amended Joint Response to Initial Order (filed via facsimile).
|
Jan. 16, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Jan. 05, 2001 |
Initial Order issued.
|
Jan. 05, 2001 |
Administrative Complaint filed.
|
Jan. 05, 2001 |
Election of Rights filed.
|
Jan. 05, 2001 |
Agency referral filed.
|