pean: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL _ FLORIDA REAL ESTATE COMMISSION ‘FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, O { - 4l 559 DIVISION OF REAL ESTATE, Petitioner, Vs. FDBPR Case N° 99-84326 , 99-82184 MONIKA ELKE FARMAR a/k/a 2000-80585 MONIKA ELKE FARMAR, INC. a/k/a 2000-80586 MONIKA E. FARMAR AND AVAL OF AMERICA, INC. Respondents. / ADMINISTRATIVE COMPLAINT — State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Monika Elke Farmar and Aval of America Inc. (hereinafter "Respondents") 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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent Monika E. Farmar (hereinafter “Respondent Farmat”) is and was at all times material hereto a licensed Florida real estate broker, issued license number 3009095 in accordance with Chapter 475 of the Florida Statutes. ‘The last license issued was as a broker clo Brie signatory to facilitate the transfer of funds from his personal a account to the Property management FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint Do Be Inc. t/a American Trust Realty & Mortgage, 2804 Del Prado Blvd. Unite 209 #4, Cape Coral, Florida 33904. A copy of Respondent’s certified licensure history is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 3. Respondent Aval of America Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1009835 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 709 Cape Coral Parkway West, Cape Coral, Florida 33914. 4. While employed with Century 21 Sunbelt Realty, Inc. in Cape Coral, FL, Respondent Farmar entered into a property management agreement on or about January 1, 1996 with an owner, Andreas Donner (“owner Donner”), for property located at 6185 Cocos Dr., Ft. Myers, FL 33903 (“subject property”). 5. The management agreement provided that Respondent Farmar would make the monthly mortgage payments for the fe subj ect Property. 6. Owner Donner maintained a personal account and added Respondent Farmar as a account maintained for the subject property. 7. During April of 1997, owner Donner transferred funds to pay off the mortgage for the subj ect property ‘and directed the Respondent Farmar. to make the payment. 8. Respondent Farmar obtained certified check #61783 dated April 28, 1997 in the amount ac ep RE FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint of $202,975.00 made payable in her name. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 9. Respondent Farmar deposited funds from the certified check into the business account for Euro Tropical Homes, Inc. and into her personal checking account, and used a portion of the funds to pay a personal debt. 10. Respondent Farmar and owner Donner were the officers and shareholders of Euro Tropical Homes, Inc. 11. During a sworn deposition under oath on or about April 15, 1998, Respondent Farmar admitted that she altered certified check #61783 to reflect that it was dated May 23, 1997 and made payable to Harbor Financial Mortgage. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 12. Respondent Farmar failed to provide payment for the mortgage. 13. Respondent Farmar presented owner Donner with a check drawn from her personal checking account in the amount of $200,000 with knowledge that her account did not contain sufficient funds to cover the check. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 4 COUNT I Based upon the foregoing, Respondent Farmar. is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable Ferber tree FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b) of the Florida Statutes. COUNT II Based upon the foregoing, Respondent Farmar is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1 of the Florida Statutes. COUNT II Based upon the foregoing, Respondent Fa Farmar is s guilty of failure to maintain trust funds in the real estate brokerage escrow / bank account or some + other proper depository u until disbursement thereof was properly authorized in violation of Section 475.25(1)(k) of the Florida Statutes. COUNT IV Based upon the foregoing, Respondent Farmar i is guilty of failure to immediately deposit trust fands i in violation of Rule 6132-14, 010 of the Florida Administrative Code and, therefore, in violation of Section 475. 25(D(e) of the ¢ Florida a Statutes. COUNT Vv Based upon ‘the foregoing, Respondent is is guilty of placing a claim ona 2 deposit i in violation of Rule 61J2- 14. O1l of f the Florida Administrative Code and, therefore, in violation of Section 475. 250(6) of the Florida Statutes - - { ! FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint styled cause in case number 98-1369-CA-WCM pending in the Circuit Court of the Twentieth Judicial Circuit in Lee County, FL. A copy of the mediation agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 15. Respondent Farmar did not comply with the terms of the mediation agreement and a Final Judgment was entered against Respondent Farmar. A copy of the judgment is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. 16. A Final Judgment was issued against Tropical Paradise at Your Service, Inc. and Euro Tropical Homes, Inc. Respondent Farmar is an officer and shareholder of each company. A copy of the judgment is attached hereto and incorporated herein as Administrative Complaint Exhibit 7. 17. Respondent Farmar has failed to satisfy the judgments to date. | COUNT VI Based upon the foregoing, Respondent Farmar is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1 of the Florida Statutes. _ ADDITI NAL ALLEGATIONS OF MATERIAL FACT 18. From a at least May of 1998 to , April of 1999, Respondent Farmar managed W two properties for an owner, Luciano Minuzzi, described as Hermitage, PB 54, PGS 35-37, BLK. 3452A LOT 9) or 2838/1468 Csubject Property #1") and CAPE CORAL UNIT 4 PT. 2, BLK. 147, PB 12, PG 19, LOTS 42 & 43 or 2942/2138 subject property #2). 19, Respc dent represent ed hat she had paid the ad valorem taxes for the subject 3 * en as aR ee se FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint properties in December of 1998, when in fact she had failed to pay the taxes. COUNT VII Based upon the foregoing, Respondent Farmar is guilty of misrepresentation or breach of trust in any business transaction in violation of Section 475.25 (1)(b) of the Florida Statutes. ADDITIONAL ALLEGATIONS OF MATERIAL FACT 20. On or about February 14 and February 17, 2000, Petitioner conducted an office inspection and audit of Respondent Monika Farmar and Respondent Aval of America, Inc. 21. Atall times material to these additional allegations of material fact, Respondent Monika Farmar was licensed and operating as qualifying broker and officer of Respondent Aval of America, Inc. 22. The audit revealed the following: (a) The rental disbursement account contained a shortage in the amount of $476.06; (b) The company operating account #614003176 with Riverside Bank of the Gulf Coast was used for office expenses (such as payroll, automobile and insurance for owner deposits, owner rental proceed disbursements, ~ and property expenditures; (c) Respondents maintained separate checking accounts for certain owners in which eposit ental proceeds; and Dp: pare mont y reconciliation statements. gee ewes porns ee Statutes. FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint 23. Respondents took corrective action, by creating a rental escrow account and _ depositing funds to address the shortage. COUNT VII Based upon the foregoing, Respondent Farmar is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e) of the Florida Statutes, COUNT Ix Based upon the foregoing, Respondent Farmar 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 Section 475.25(1)(k) of the Florida Statutes. COUNT X Based upon the foregoing, Respondent Farmar is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, therefore, i in violation of Section 475. 25 YO of the Florida Statutes, Based upon t the foregoing, Respondent Fe Farmar i is guilty of depositing or intermingling personal | funds with finds being held in escrow or trust or on condition in violation of Rule 61]2- 14. 008(1)(c) of the Florida Administrative Code and, therefore in violation of. Section 475 25(1\(6) of the Florida ee FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint COUNT XIE Based upon the foregoing, Respondent Aval of America, Inc. is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e) of the Florida Statutes. * | COUNT XIII Based upon the foregoing, Respondent Aval of America, Inc. is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(1)(c) of the Florida Administrative Code and, therefore, in violation of Section ~ 475,25(1)(¢) of the Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a 2 Final Order as final : agency action 1 finding the © Respondent(s) guilty as charged, TI The penalties v which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension } i 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 i investigative costs; issuance 2 of a reprimand; imposition of probation subject to terms ns including, t but not limited to, FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint 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. (1999) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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. (1999) and Fla. Admin. Code R. 6112-24.001. | SIGNED this 72“° — dayof dae Fr , 2001. "Deparinaa ere ane Professional Regulation By: Director, Division of Real Estate Bares sont of Profecetn nal Regulation Division of Real £ State fe) loalo! SOR rte ns ere in Soe FDBPR v. Monika Farmar Case No. 9984326 Administrative Complaint 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/CV 3/01 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 of the Florida Statutes; that you have __ the right, at your option and expense, to be represented by counsel or other qualified ““Fepresentative 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. 10 Re ceal (Acc A LL SR TY! ey ieenranetneseitiameneneel “PARTMENT OF BUSINESS & PROFESSIONAL REGULATION Kim Bnkiey Sécrata t Tt pees ey 7 =} sh, Governor StAUGI3 Pi 1:07 CERTIFICATION |, JACK HISEY, DEPUTY DIRECTOR OF THE DIVISION OF REAL ESTATE, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ACCORDING TO THE FILES AND RECORDS MAINTAINED BY THE RECORDS SECTION WHICH ARE WITHIN MY CUSTODY AND CONTROL, HEREBY CERTIFY: that on October 1, 1995 MONIKA ELKE FARMAR renewed her license #SL 0605769 as an active Salesperson in association with Century 21-Sunbelt Realty inc., a broker corporation located at 725 Cape Coral Pkwy. West — Cape Coral, Florida 33914; that on July 15, 1996 she passed the broker examination and became a broker-salesperson, license #BK- 0605769, in association with Century 21-Sunbelt Realty Inc. that on August 6, 1996 she became a broker/offi icer, license #BK-0605769 of Tropical Paradise At Your Services Inc., a broker Corporation trading as Tropical Paradise Realty and located at 709 Cape Coral Pkwy. West ~- Cape Coral, Florida 33914; that on September 12, 1996 she was issued multiple broker license #BK-3004813 as a broker/off icer of Century 21 -Sunbelt Realty Inc., a broker corporation 725 Cape Coral Pkwy. West _Cape Coral; Florida 33914: that on June 27, 1997 she Tesigned asa broker/officer of Century 21-Sunbelt Realty Inc. that on April 1, 1998 she. renewed her license v with no changes; eptember 7, 1999 she was. issued “multiple broker license #BK-3008379 as a broker/ office icer of Aval of America Inc., a broker corporation located trading as Avail of America Realty and located at 709 Cape Coral Pkwy. West — Cape Coral, Florida 33914; that on September 30, 1999 her broker license #BK-0605769 became invalid due to Tropical Paradise At Your Service Inc. failing to renew its corporate registration; ADMINISTRATIVE COMPLAINT Page 1 of 2 EXHIBIT # | : : Top. DIVISION OF REAL ESTATE PAGE OF 7 HURSTON NORTH TOWER 400 WEST ROBINSON STREET - ORLANDO, FLORIDA 32801-1772 Telephone (7) 245-0400 - TDD 1-800-955-8771 that on March 29, 2000 she was issued multiple broker license #BK-3009095 as a broker/officer of Do Be Inc.; a broker corporation trading as American Trust Realty & Mortgage and located at 2804 ' Del Prado Blvd., Unit 209, #4 — Cape Coral, Florida 33904: that on April 1, 2000 she renewed her licenses with no changes; that on October 2, 2000 she resigned as a broker/officer of Aval of America Inc. causing her ’ broker license #BK-3008379 to be invalid. Certified at Orlando, Florida this 12" day of February 2001. , Lee x¥ack Hisey, Deputy Director ATTEST: ____ Division of Real Estate : A) . xue p e A. Stuckey, Recor egtilatory Supervisor Page 2 of 2 ADMINISTRATIVE COMPLAINT, EXHIBIT #. po PAGE o_o? CAPE CCRAL, FOAIDA Hatt REMITT ER: Two Hundred Tyo Thousend ¥ Pay TO THE CROER OF: MONIXA PARMAR 3 a 5 5 2 FA B = = a Ss 3 g Fa g 2 = 2 g fxd o = 70 Customens THE punchage OF AN INDEMNITY BECUIRED EESCAE ANY CFFICIAL C74 ‘ Witt S€ RePLice: ARS ? Nex 3 Lest, Wisptacen OFS sro \ ) Ns } CONNER~FARMAR {K\ cHecK NUM@ER: \ * DATE: Ine Hindred ay ty Fi ile nlncreg event % five& Laceon O0COG cEm CASHIER CHECK SC/i00= Bollerse. “fs 61783 04-28-1997 $ - 202,975.59 VCIO AFTER 6 MAéNTHS eR See A + ATHO 2OVSN HONDIUSHI WIiONvN|d wor sn ~ ci 2 paces CEXHIBLT 6 hs) /4% oon ES € 2 3 = MNVE TN 4 iVYOd d¥9 £9: EM: V3SES70 Si (NOIR) 6 2H7 -25-52) feral + BNOLLONU: src Tikes z TAREUTLEAAY Pram tye! Sphere SRN a ontr7a 1S - lobe EES Se) 2ets SeenS geess Bese sz" r= SESO RRES= Seann Mes Pe = ls Ss an NI 3 Av ag ae) Fp ee ge eee a8 ry Ht GEAUB L3 P ey apo FINST HATIOHAL DAMK OF SOUIMWEST FLORIDA BLAINEGTO COPE CONAL FLONIDA 39904 ~ " CASHIER CHECK ‘ ~~ DONNER -FARMAR CHECK NO « 61783 pate, Oh D157 ‘wo Iundred Two Thousand {line Hundred Seventy Five 6 50/100 Dollars PAY 10 THE OHOER OF: [- ; s 202,975.5 , HARBOR PIMANCKAL MORTGAGE QOMPANY 2,975.50 — VOID AFTER 6 MONTHS CUSTOMER COPY . ' To NON-NEGOTIABLE 2 : i “a AUINGH AZO SIVATURE 4 PARAD TROPICA T os ee ne reece nA La anand net me en mtn mtn ata eta, RATIVE COMPLAINT # DT {aw EXHIBIT PAGE 4646: : MONIKA E. FARMAR OR oe HAEL R. FARMAR P i AY Ira MICHAEL R. | Popes pai sale Bk Pl CAPE CORAL, FL 33914 < ; Pay to the NationsBank, N.A. (South) Florida FU ee ay Za. a nae .. MOG OG 277 SSbbea ch hse B549 #00 z00CCUCCs CAPE CORAL NATIONAL BANK RETURNED ITEM NOTICE RIP2O 10/16/96 2724 DEL PRADO BLUD . 2004520 CAPE CORAL, FL 33904 } TELEPHONE 800-772-3394 , ANDREAS DONNER 273 C/O PAULICH, SLACK & WOLFF, PA PARKUAT FINANCIAL CENTER 2150 GOODLETTE ROAD NAPLES FL 34102 ACCOUNT 2004520 STRATIVE COMPLAIN THE CHECK LISTE HAS BEEN RETURNED - «TO US BY THE BANK ON WHICH IT WAS DRAUN. A CHARGE HAS BEEN ASSESSED. NSE , 200, oa0. 00 SERVICE CHARGE S. LEDGER TOTAL RETURNED SERVICE ' ENDING BALANCE ITEMS CHARGE BALANCE 200,329.46 200,000.00 5.00 324.46 ee me Rn tO ET A a RR ne. TWENTIETH JUDICIAL CIRCUIT OF FLORIDA MEDIATION DIVISION RECORD OF AGREEMENT CIRCUIT MEDIATION ANDREAS DONNER VS MONIKA FARMAR 98-1369-CA-\WCM €M98-6421 Court Case No. Mediation Na. THE PARTIES AND COUNSEL HAVING MET THIS_21ST DAY OF MARCH, 2000, _ AGREE AS FOLLOWS: (Wayne Bruce) Plaid ea Kit “ROBERT T.MAHER Attorney for Plaintiff ARRIN R. SCHU Attorney for Defendant MEDIATOR ee _—Thd above agreement is approved’ by me this - day of , 2000. i. WILLIAM C. MCIVER CIRCUIT COURT JUDGE © YF net & Prodi / Peerhee [Xe poor? Bie oO LG ned . Ate Carr froke bcc. my nen, few Coe > eee ‘eee rei 2d 3615371507 Maman ee IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL sone FOR: 63 LEE COUNTY, FLORIDA ACTION ANDREAS DONNER Plaintiff, v5. CASE NO: 98-1369-CA-WCM MONIKA FARMAR Defendant. ! _ FINAL JUDGMENT The mediation agreement having been approved by the Court in this matter on April 14, 2000, and the Plaintiff Andreas Donner being entitled to entry of judgment against Defendant Monika Farmar pursuant to the terms of the mediation agreement, Wm 1S ADJUDGED ¢ that Plaintiff ANDREAS DONNER, whose address is s 1601 Jackson Sereet, Suite 201, |, Fort Myers, Florida 33901, r recover from defendant MONIKA FARMAR the sum of $219,975.00 on principal, that shall bear interest at the legal rate of 10%, for which let execution issue forthwith. DONE AND ORDERED in Chambers in Fort Myers, Florida on this Tday of ae S/ WILLIAM C. McIVER WILLIAM C. McVER- — _ Circuit Judge’ ; _ Conformed copies to: ADMINISTRATIVE COMPLANIT EXHIBIT # pace _____ | _or | SUNS. * & . August, 2000. is ARR RET _i nen mm apanm een IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIY IN AND FOR | LEE COUNTY, FLORIDA CIVIL ACTION : ANDREAS DONNER, Plaintiff, ~ vs. CASE NO: 99-8000 Ca We TROPICAL PARADISE AT YOUR | SERVICE, INC., TOWER CONNECTION, INC., HOLGER SCHUMACHER, MICHELLE L. FARMAR a/k/a MICHELE L. ALLEN and EURO TROPICAL HOMES, INC. | a, | FINAL JUDGMENT This action was heard after entry of default against the defendant TROPICAL PARADISE AT YOUR SERVICE, INC. and IT IS ADJUDGED that Plaintiff ANDREAS DONNER, whose address is 1601 Jackson Street, Suite 201, Fort Myers, Florida 33901, recover from defendant TROPICAL PARADISE AT YOUR SERVICE, INC. the sum of $457 476. 64 on Principal, $115, 512. 70 in a prejudgment interest, let execution issue forthwith. - a | and costs of $1,569. 24, for a total of $574,558.5 58, that shall bear interest at the legal rate, for which ; | _DONE AND ) ORDERED i Chambers i in n Fort Myers, Florida on this 22nd day of BA gales ss eset dtl aay WILLIAM C. McIVER Circuit Judge Contormed copies to: : Robert T. Maher - a4 Tropical Paradise At Your Service, Inc. : cob c/o Monika Farmar,

Docket for Case No: 01-003155