rere net sin Sh AAAS ko $$ 04 wt “9 PH 2: STATE OF FLORIDA DWVvisin. 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA RORY) rp & FLORIDA REAL ESTATE COMMISSION HEAR IN i ive FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ak DIVISION OF REAL ESTATE, QY-L3l Petitioner, vs. FDBPR Case N° 200082831 200082832 MORGAN APONTE AND EXECUTIVE RESIDENTIAL CONSULTANTS, Respondents. / ees ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Morgan Aponte and Executive Residential Consultants (“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 Morgan Aponte is and was at all times material hereto a licensed Florida real estate broker, issued license nurnber 0576436 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker-salesperson at Miami Dade Realty, Inc., 6285 SW 40 Street, Miami, Florida 33155. FDBPR vs Morgan Aponte FDBPR Case N*® 200082831 Administrative Complaint 3. Respondent Executive Residential Consultants, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1011051 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 6440 SW 117 Avenue, Miami, Florida 33183. 4. Atall times material hereto, Respondent Morgan Aponte was licensed and operating as qualifying broker and officer of Respondent Executive Residential Consultants, Inc. 5. At all times material hereto, Respondent Aponte was broker of record for Respondent Executive Residential. 6. On or about July 10, 17, and 18, 2000 Petitioner’s investigator conducted an audit of Respondents’ business records. 7. The audit revealed that Respondents had an overage of approximately $10,920 in Respondents’ escrow account. A copy of the audit form is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 8. The audit revealed Respondents failed to properly prepare and sign monthly reconciliation statements. 9. After the audit, Respondents explained that the trust liability Respondents provided Petitioner’s during the audit was incorrect because Respondents failed to account to the investigator for fourteen offers. A copy of Respondents’ letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. FDBPR vs Morgan Aponte FDBPR Case N° 200082831 Administrative Complaint 10. Respondents explained the trust liability was also incorrect because Respondents included in the trust liability as of June 2000 ten closed transactions. A list of the transactions is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. After Respondents disclosed all the information necessary to calculate trust liability, Petitioner’s investigator determined that the escrow account had a shortage of $40. COUNT I Based upon the foregoing, Respondent Morgan Aponte is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT II Based upon the foregoing, Respondent Morgan Aponte 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), Florida Statutes. COUNT Ii Based upon the foregoing, Respondent Morgan Aponte is guilty of failure to properly prepare the required written monthly escrow statement-reconciliations in violation of Rule 6152-14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Executive Residential Consultants, Inc. is guilty of FDBPR vs Morgan Aponte FDBPR Case N° 200082831 Administrative Complaint failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT V Based upon the foregoing, Respondent Executive Residential Consultants, Inc. 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), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Executive Residential Consultants, Inc is guilty of failure to properly 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, in violation of Section 475.25(1)(e), 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 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 of the Florida Statutes, 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, FDBPR vs Morgan Aponte FDBPR Case N° 200082831 Administrative Complaint registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this _ |) day of Gul , 2002. pattvent of Business and Professional Regulation By: Director, Division of Real Estate FDBPR vs Morgan Aponte a FDBPR Case N° 200082831 Administrative Complaint ATTORNEY FOR PETITIONER Juana C. Watkins Florida Bar N° 0192112 Senior Attorney 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 JWrk PCP: CV/JR 4/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, 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, Florida Statutes; 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. 6 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ie DIVISION OF REAL ESTATE OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM gfe? ; NAME St BROKER. “MokGAY APUTE. NAME OF BROKER BROKER LICENSE A BL LOISLTIGIYI3 1G [BROKER LICENSE # iLL J NAME OF BROKER NAME OF BROKER Lt |_| BROKER LICENSE # | litt —d*d [ BROKER LICENSE # NAME OF BROKERAGE LICENSE # OF BROKERAGE Crecubhvys Pesiferta| Lon sul tents ic. PHONE NUMBER hn Rech, Execchves big? derbemahe | SS loltast (ws) Q2- 2332 STREET ADDRESS : CITY COUNTY ZIP GYYO sw Ul? Av< _ Wlan. Wheva Oude 33183 a fee {sas —— OVEICH (RUDU. G1S2-10.022 & 23) REQUIRED OFFICE SIGN (RULE 61J2- 10,024) ue Y OR TRANSACTION NROKER DISCLOSURE ra Pus peas #7 ———_—- STATEMENT RECONCILIATIONS (RULE 6152-14.012) SALES: TOTAL TRUST LIABILITY BPvss O2s oY RECON. WANK BALANCE 4S FAS2° MOUNT 410 20.07 ula suCuRITY DEPOSIT: ‘TOTAL. TRUST LIABILITY __ _ (SHORMZOVER) RECON BANK BALANCE (SHOR TIOVER) AMOUNT YOFAL TRUST LIABILITY ola RECON HANK HALANCI: __. RENTAL. DISTRIBUTION: (SHORT/OVER) AMOUNT a a REMARKS. Pel Aur wr accom p Loh ef on Broke csvovaucuat, Boted wbhh 1S H(3S;O2S-6° ; Baber tech Rcok olanee 3 s¥ (18) 445° e Ge nese age of 0,920: Com plant opeaccl for fedure te. AT + pew? reer CA DOS WERE ISVS fo" we SALESVER SON 4 Eo ute fe cyy S Prnedte els carte Rrocete . wT TAD. EX Act tev ov Bek strrement + CRE $- . / P y THE BEST OF MY KNOWLEDGE ALL RECORDS PE NIN! “ROW/TRUST ACCOUNT(S) AND MY SEMENT ACCOUNT(S) HAVE peibN PROVIDED TO E VIOLATIONS WERE BROUGHT TO No DAYS AND PROVIDE DBPR WITH A: AND THOROUGHLYA:XPLA 'D. | WILL TAKE 3'MENTATION OF THE ORRECTIVE ACTION WMG MUNA TION GF INVESTIONTOR vn Be ZOE 2s II cewatora]p apa / vant 8 07430 (maeriy E2) ; ere no © CE OTAZ Buiz ) — = SCOP (ao 2600 3783 ¢C. we AA NR NOTION OF NONCOMPLIANCE YES _ NO __— -— = Pursuant to x. 455.225 Q), ES., the Comunission sets forth pre are cose. solations-for-witti Tie CBPR shall provide a licensee with a notice of boncotnptiance.. A violation of a rule is Considered minor violation if it dots not result in€conomic Or physical harm to a persoa or adversely affect the public health, safety, or welfare of create a significa! threat of such harin. The notice of noncompliance shall only be issued for an Initial offense of x minor violation. ' . VIOLATION: QUERADE (4) ESCRon! Ftv yO feobere? Reto iE LMT poly * KL BIC env STEM = - CORRECTIVE ACTION. _ D2STER MIE uy dvette_tS PROT | Cred TERE CORA KY & Aeon! a 6440 SW 117 Avenue Miami, Florida 33175 Bus: (305) 271-2339 Fax: (305) 271-8239 E-Mail: MIAMIEXEC@ACL.COM MIAMI Sea INTERNATIONAL August 7, 2000 To - Division Of Real Estate Florida Dept. Of Business & Professiona! Regulation From : Morgan Aponte / Broker Realty Executives Miami International Ref - Escrow Audit — June Complaint Docket - BK 200082831 — CQ 200082832 Recently an audit was performed at Realty Executives Located at 6440 SW 117 Ave. Miami, FI. The Investigator stated that we had an overage of 10,920.00. The DBPR Audit stated Broker’s liability at 135,025.00. I felt that this was wrong. My Broker’s reconciliation stated that my liability was 145,945.00 upon the DBPR leaving I took upon myself and did a complete office audit and review of files going over the liability (escrow). I still came up with Brokers liability being 145,945.00. The errors committed in this audit was that some of the offers submitted were not taken into account, some pending deals were overlooked in certain cases. See attached documents showing the difference. I hope that this will clarify and justify the audit of July 17 and 18 and that it will be eliminated from our files. Complaint dockets. BK: 200082831 — CO: 200082832. Any questions, please fell free to call me. £3 oanoi_1 O_pnce Closed Or Released Transactions but still liability in June: (Outstanding)File’s were already in closed or fallen at time of audit. Yadira Saavedra $ 1,000.00 21050 SW 104 PI. Adres Torres $ 500.00 9747 SW 147 Ct Eduardo Govea $ 1,000.00 6549 SW 147 Ct. Rosemarie Caldera $ 2,000.00 4312 SW 136 Pl. Eduardo Govea $ 1,000.00 6549 SW 132 Ct. Jorge Blodek $ 1,000.00 6995 Glengale dr. Gustavo A. Jaramillo $ 650.00 7845 Camino Real Rodolfo Rodriguez $ 510.00 1250 W. Av. Miguel A. Lopez $ 1,000.00 13721 SW 84 St.#E Gustavo Fernandez 13821 SW 46 Ln. $ 500.00 Total Outstanding: $ 9,160.00 Anese TRATIVE COMPLAINT) >. wlth. 2 ——_—

Docket for Case No: 04-002376