_ STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS, iQ: FLORIDA REAL ESTATE COMMISSION LEA Rie . ‘ Wy FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2000-83625 2000-83765 DORIS E. MYERS AND Ol-lUt 1 MILLENIUM REALTY GROUP, INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Doris E. Myers and Millenium Realty Group, In Inc. (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 a, in particular § 20. 165, Fla. 1. Stat, » Chapters: 120, 455 and. 475, Fla. Stat. and the rules promulgai ed pursuant thereto. 2. Respondent Doris E. Myers is and was at all times matevial hereto a licensed Florida real estate broker, issued license number 3007021 i in accordance with Chapter 475, Fla. Stat. The last license issued was as a broker c/o Millenium Realty Group, Inc., 7320 Griffin Road #102, Davie, Florida 33314. IRATE &S espe ese: rpg ree FDBPR v. Doris E. Myers Case No. 2000-83625 . Administrative Complaint 3. Respondent Millenium Realty Group, Inc. is and was at ll times material hereto a corporation registered as a Florida real estate broker having been issued license number 1008368 in accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 7320 Griffin Road #102, Davie, Florida 33314. 4. At all times material hereto, Respondent Doris E. Myers was licensed and operating as " qualifying broker and officer of Respondent Millenium Realty Group, Inc. 5. On or about April 6, 2000, a a final judgment was issuec. by the Broward County Court ordering th ‘that Respondent Millenium Realty Group pay $1, 712. 00 to the complainant, Roch Oshilaja . (“Oshilaja”). A certified copy of the civil judgment is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. The judgment is for real estate commissions owed to Oshilaja by the Respondents. — 7. Despite repeated requests, the Respondents have failed to provide payment to Oshilaja to date. 8. Section 475,25(1)(d)1., Fla. Stat. (1999) provides in pertinent part that the the. practice of the licensee’s profession has been obtained against the licensee and said indgment has not been satisfied in accordance with the terms sof the judgment within a areasonable time. a FDBPR v. Doris E. Myers Case No. 2000-83625 Administrative Complaint 9. Pursuant to this complaint, Petitioner attempted to contact Respondent Myers to advise her of the complaint and to proceed in the investigation in accordance with Chapter 455, Fla. Stat. 10. On September 22, 2000, Petitioner’s investigator forwarded correspondence to Respondent Myers with a copy of Oshilaja’s complaint. The letter instructed Respondent Myers to contact the Petitioner within 20 days in writing or to contact the investigator personally. The letter was not returned and Respondent Myers failed to comply. 11. On September 27, 2000, Petitioner’s investigator went to the last known address of the Respondents place of business, however, the office had been closed since May of 2000. 12. On September 27, 2000, Petitioner’s investigator attempted to contact Respondent | Myers at her home address at 3060 Lime Court, Miami, FL, and while it appeared that someone was home, there was no response. . 13. On or about September 29, 2000 Petitioner’s investigator researched the Florida Department of Motor Vehicles database which revealed that Respondent Myers resided at the above-referenced address. attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit2. OO REESE TERE EP EEE FDBPR v. Doris E. Myers ~~ Case No. 2000-83625 Administrative Complaint 15. Respondent has failed to respond to date. 16. Section 475.42(1)(), Fla. Stat. (1999) provides in pertinent part that “no person shall obstruct or hinder in any manner the enforcement of this chapter o- the performance of any COUNT I Based upon the foregoing, Respondent Doris E. Myers is guil:y of failure to account or deliver _ funds in violation of § 475.25(1)(d)1, Fla. Stat. (1999). COUNT II Based upon the foregoing, Respondent Doris E. Myers is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Fla. Stat. or the performance of any lawful duty by any person acting under the authority of Chapter 475, Fla. Stat. in violation of § 475.42(G), Fla, Stat. and therefore in violation of § 475.25(1\(e), Fla, Stat. (1999). . COUNT I | _.Based upon | the the foregoing Respondent Millenium Realty Gr G:oup, Inc. is guilty of failure to account or deliver funds i in violation of § 475. 25(1(A)1., Fla. Stat. (1 999). 7 WHEREFORE, Petitioner er respectfully requests the Florida Real Estate Commission, or r the ; Department of Business and Professional Reguiation, as may be apr ropriate, to issue a Final Order as final agency action ‘findin, ‘the Respondent(s) guilty as charged. The penalties which may be imposed Tor violati (s) of Chapter 475, Fla. ‘Stat., depending upori the severity of the offense(s), seat peepee eee tee: peepone petine oo ger eerrremrer co FDBPR v. Doris E. Myers Case No. 2000-83625 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, . tegistrant or permitee to complete and pass additional real estate ed.ication courses; publication; or any combination of the foregoing which may apply. See § 475.2'(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; impositicn 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 ofa al cease and desist order; or yr any combination of the foregoing which may apply. Fla. Admin. Code. Neseches Deu , 2000. a) i) usiness ai Professional R2gulation By: Daniel Vilazon, Acting Director, Division of Real Estate See § 455 227, rs * O1 APR 30 PH 1:56 FDBPR v. Doris E. Myers Case No. 2000-83625 Administrative Complaint UIVigeun UF ADMINIS TRAIIVE HEARINGS 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: CS/HF 11/00 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 FURTHER 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 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. STATEOP FLORIDA 4 ss een WARD CUNY GBak OF COURT 0% », IN AND FOR BROWARD COUNTY, FLORIDAQerscrw oo ™ BROWARD COUNTY DEPUTY CLERK 1010 ROCH OSHILAJA, CASE NO. 99-7500 (54) Plaintiff, ; ° -atiwe AB vs. RECEIVED , e i. MILLENIUM REALTY GROUP, SEP 18 2900 FINAL JUDGMENT “Oni Defendant. OIVISION OF SAL ESTAl i. THIS CAUSE having come on to be tried before the Court and after hearing argument of same and being otherwise fully advised in the premises, it is hereby ORDERED AND 447usG& that Plaintiff do have and recover from the Defendant, MILLENIUM REALTY GROUP, the sum of $1,597.00 together with court costs of $115.00, for a total of $1,712.00, for all which let execution issue. DONE AND OFDERED in Cha bers at Fort Lauderdale, the Broward County, Florida, this day of LA, 2000. aiCOUNTy SoM she o % oft: Cuuaty Cour. Sosy Counf ee oobi guy pf the original “— ( an pe eee Yaa DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION z : LE ye, Jeb Bush, Governor Cynthia A. Henderson, Secretdry ® bar busw 01 APR 30 PH 1:56 Friday, September 29, 2000 Doris Myers 3060 Lime Court Miami, FL 33133 Dear Ms. Myers: | write to you with regard to the notification letter | sent to you on 9/22/00. Please contact me upon receipt of this letter. Failure to do so will only result in the complications of matters further. Thank you for your cooperation in this matter. Sincerel John Esposito, CRE| Investigator! EXHIBIT + PAGE tor _2 DIVISION OF REAL ESTATE Rohde Building ¢ 401 NW Second Ave., Suite N614 « Miami, FL 33128 (305) 377-7120 ¢ TDD f (800) 955-8771 ¢ FAX (305) 377-7122 www.MyFlorida.com A SHEET LED To: Doris Myers ot aR 30 PH 16 _Fax #: ; ; OVS id OF Subject: Contact me! ADMINIS TRE: IVE Date: September 29, 2000 HEARINGS Pages: 2 (including this page) COMMENTS: CONTACT ME! Take care, John Esposito From the desk of... John Esposito Investigator II. Division of Reai Estate DIVISION oF REAL ESTATE Rohde Building «401 NW Second Ave., Suite N614 ¢ Miami, FL 33128 (305) 377-7120 © TDD I (800) 955-8771 ¢ FAX (305) 377-7122 www.MyFlorida.com 6TS8ThPsOs6S Haquiny auoydsy, ay 9z:9z'9z| TEAMON 82:82 00, 8% dag Tid = _— a PAGE a O} a ack PUOdsay 4u09OT FIWwsSuUeUuy x CCIe-Les-SOR MES TMG SIMISI- WRAL GZ. EXHIBIT] PAGE_

Docket for Case No: 01-001617