CORY TT BE 27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, 0 a ° U| (4 P L vs. FDBPR Case N° 2003079179 MICHAEL VAZQUEZ, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Michael Vazquez (“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 Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 3033129 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Home Investment Realty, Inc., 9318 E. Colonial Drive #A-4, Orlando, Florida 32817-4166. FDBPR vs Michael Vazquez FDBPR Case N° 2003079179 Administrative Complaint 4. On or about January 2, 2002, Respondent submitted to Petitioner an application for licensure as a real estate sales associate. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a swom affidavit which stated: The above named, and undersigned, applicant for licensure as real estate sales associate under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever{.] 6. The question on the application relating to a criminal background asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld” and required the disclosure of individual offenses. 7. To the question on the application relating to criminal background, Respondent replied “Yes.” 8. In reliance upon Respondent’s application, Petitioner issued a real estate sales associate’s license to Respondent. 9. Respondent failed to disclose that on or about April 4, 1989, in the court of Orange County, Florida, Respondent entered a plea of guilty to exposure of sexual organs.. A copy of the FDBPR vs Michael Vazquez FDBPR Case N° 2003079179 Administrative Complaint certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 10. Respondent failed to disclose that on or about February 8, 1995, in the court of Orange County, Florida, Respondent entered a plea of nolo contendere to criminal mischief.. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent failed to disclose that on or about February 17, 1994, in the court of Broward County, Florida, Respondent entered a plea of nolo contendere to theft. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m), Florida Statutes. COUNT I Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2) of the Florida Administrative Code and, therefore, is 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 FDBPR vs Michael Vazquez FDBPR Case N° 2003079179 Administrative Complaint 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, 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. FDBPR vs Michael Vazquez FDBPR Case N° 2003079179 Administrative Complaint SIGNED this 24 day or October , 2004, 3 nade. of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Christopher J. DeCosta Acting Chief Attorney Florida Bar N° 271410 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX PCP: NM/HF 10/04 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. FDBPR vs Michael Vazquez FDBPR Case N° 2003079179 Administrative Complaint 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. Clip or staple in this space two-passport style photographs 2"x 2" taken within past year. Ww 4. 7. "IN SPACE BELOW” LEVEL . at jan 92 2002 | Not to be filled in by applicant qare” Inj in oftha- wp ep.crs /0.2¢-O} Fpep EQUIV. APPROVED scnoor# (00127. vemen DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE . Hurston North Tower, 400 W. Robinson St., P.O. Box 1900 Orlando, FL 32802-1900 (407) 245-0800 APPLICATION FOR LICENSURE AS A REAL ESTATE SALESPERSON.- REQUIRED FEE $144.00 (fee includes first license) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional Pages as necessary. . Legal Name: VAZQUEZ MICHAEL (Last) (First) (Middle) . Personal Mailing 6930 LONGNEEDLE CT. Address: (number) (street) ORLANDO ORANGE FLORIDA 32822 (city) (county) (state) (zip code) . (a) Your Residence SAME ddress: (number) (street) (city) (county) (state) (zip code) (b) Daytime Telephone No.: (407_)207- - 8404 E-Mail Address: 9 —____. ee (Notify the Division of any permanent address change.) Date of birthFEB/14/1961 5. Place of birthNEW YORKCITY/NEW YORK 6 QFemale [4 Male (eity, state 7 country } Social Security No.: re. Under the Federal Privacy Act, disclosure of Social Security numbers is voluntary unless specifically required by Federal statute. In this instance, social security numbers are mandatory pursuant to Title 42 United States Code, Sections 653 and 654; and sections 455.203(9), 409.2577, and 409.2598, Florida Statutes. Social Security numbers are used to allow efficient screening of applicants and licensees by a Title IV-D child support agency to assure compliance with child support obligations. Social Security numbers must also be recorded on all professional and occupational license applications and will be used for licensee identification pursuant to the Personat Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec317. 8.44 Yes No Are you a high school graduate or the holder of an equivalency certificate? EXHIBIT | pace_ tor 9.. BM YES O1NO Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if you received a withhold of adjudication. This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO". If you answered “Yes,” attach the full details including dates and outcome, including any sentence and conditions imposed on a separate sheet of Paper. YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE REVOCATION OF YOUR LICENSE OR THE DENIAL OF A REAL ESTATE LICENSE. IF YOU DO NOT! FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR THE DIVISION OF REAL ESTATE. 10. O YES XXNO (a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim, or other Pleading with any fraudulent or dishonest dealing? O YES XXno (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10 (a) or (b) is "YES" attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending? 11. EXVES ONO (a) Have you previously filed any application for licensure in this state as a real estate salesperson? If so, state when; ___ Dec. / 99 XA YES ONO (b) Have you failed any previous examination for licensure as a real estate salesperson in this state? If so, state when; EB/19/2000 12, 0 YESX no Have you ever been denied, or is there now pending a proceeding to deny your application for a license, registration, or permit to practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of taw? 13. OYES DBENO (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? O YES NNO (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit ta Practice any regulated profession, occupation or vocation while such charges were pending? O YES © No (c) Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? (If your answer to questions 12 or 13 (a) (b) & (c) is the affirmative -"Yes" - attach a complete statement giving the name and address of the officer, board, commission, court, or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) 14. O YES ENO Have you operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesperson or broker, in this state, within one year prior to the filing of this application when you were not, in fact, the holder of a valid, current license authorizing you to do so? ve COMPLAINT Agivec COM 15. DYES ZNO Are you presently declared mentally incompetent by any court? wane (if your answer is "Yes", attach a statement giving the full details.): EXHIBIT. 16. O YES HK) NO Have you used, been known as or called by another name or alias other than the name signed to the application? (If your answer is yes, state name or names used, the period of time and place where used.) 17. HM yes Ono {a) Are you a legal resident of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a legal resident of? in addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) | agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. | agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of ail legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. Signature 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so State. As a Salesperson in, from to (state) Asabrokerin. = from to (state) License Number: Name used AFFIDAVIT OF APPLICANT State of ___ FLORIDA County of ORANGE The above named, and undersigned applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)he is the person so applying, that (s)he has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)he knows of no reason why this application should be denied; and (s)he further extends this affidavit to cover all amendments to this application or further staternents to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. The foregoing application was acknowledge before me this C2" day of Far thet UNS Za by NICHAEL VAZQUEZ ' ° type or print name of applicant Signature ? Who is personally known to me or who has produced the following as idé ies el FL.D.L.#V220-540-61-054-0 type of identification Signature: of person taking sckronpgrnt Notary Seal Stamp. 6 Expiration) f City of Urlando Police Department DATE: SEL¢ 4. OR 24, 2001 TO WHOMIT Ms. CONCERN: NAME: VAZQUEZ, MICHAEL D.O.B: 2-14-1961 ssi: qa This is to certi. .< our records have been searched for the name and date of birth in question, xctly as it appears above; and they fail to reveal any local criminal arrest by 2 Orlando Police Department, unless indicated below. DATE OF ARREST CHARGE 2-12-1992 DRIVENG WHILE LICENSE SUSPENDED/POSSESSION OF SUSPENDED DRIVER'S LICENSE/NO VALID DRIVER'S LICENSE Sincerely, ORLANDO PC’. 3 DEPARTMENT -s Records Unit TH.3 bc. © (NTIS NOT FOR IDENTIFICATION PURPOSES SOUTH HUGHEY AVE. ORLANDO, FLORIDA 32801 ~DS UNIT PHONE 407-246-2406 FAX 407-246-2624 EXHIBIT pane (Qa. 2. Bao. “ST272) CRANGE COUNTY, FLORIDA : - SHERIFF'S OFFICE . JACKET NO. i54i15 ARREST RECORD . OS, Jin DOB 02/14/1961 (Oy), >: - . RACE/SEX W/M FRC. 24aL1 70d, AGE 40 7 BUCCT ARRESTING T , : E/CASE NO./DISP OFFICER | AGENCY DATE } | DUI | MIZELLE 0 0 0 8 Ocso Y¥94076230 i LE 0 1 03/12/1994 CONFIRMATION CONTACT ARRESTING AGENCY OR ocso RECORDS SECTION ER TED) INT -ATES IDENTITY NOT CORROBORATED BY FINGERPRINTS THIS OCSO RAP SHEET INCLUDES. / PAGES EXHIBIT pace. [9=- -— STATE OF FLORIDA ORDER OF DISPOSITION IN THE COUNTY COURT, OF ORANGE COUNTY, FLORIDR Dichael Yaz AUEE CASE nh f , CHARGED WITH. nf ; 7 J DEFENDANT not present. X present and waived right to Counsel (FRCP 3.160(e)) present with Counsel ORDER/ FAILURE TO APPEAR Forfeit Surety/Cash Bond. Revoke PCR/PTR/ROR. ISSUE CAPIAS $ Bond. NO PCR/ROR/PTR. Vacate and set aside bond estreature. RECALL CAPIAS. Bond is remitted reinstated discharged. ROR/PCR/PTR is hereby reinstated. PLEA Found guilty of Plead guilty to. A finding of guilt was entered. ADJUDICATION WITHHELD on. .Plead nolo contendere to. ADJUDGED GUILTY to. P.S.1. ORDERED.Report to ORANGE COUNTY PROBATION COMPONENT, OFFICE AF COURT ALTERNATIVE, Koger Executive Center, 3444 McRory Place, Suite #200, Orlando, F1. 32803 - Phone - 44-2500. SENTENCE TO: ORANGE COUNTY JAIL for term of: with credit for served. days SUSPENDED on condition: ALTERNATIVE COMMUNITY SERVICE PROGRAM service of, 5 sors Ros). Kuyer Executive Cente Bua McRory Place, Suite #200, Orlando, Fl., 32803 - Phone ~ 244-7500. Report at 8:00 A.M., oos ‘on oT day of. A y 1 » 19 &g : woHhin 4 months a vot TEER SERVICE BUREAU - repdrt within five (5) working days to 1900 N. Mills Ave., Suite #1, Orlane L., 32803 = Phone - 896-0945. (1) Serve hours/days volunteer service by | t S58 Ed .» (2) Fully comply with requirements of Community Services (3) Furnish a complete statement for the VOLUNTEER SERVICE BUREAU evidencing successful of the program. ‘ ake ee X, onsurerviséo PROBATION for a term of: p mn i itt 1S with the condition you live and re liberty without violating any Federal or State Statutes, County or Municipal Ordinances. (see one: y mental Haak Secv DISMISS ANY CONTEMPTS AS TO THIS omy. /- 60100 Fines payable by Lal INE Fine sl . Surcharge 3) $_ at room 171, 65 E. Cehtral Blvd., Orlando, Fl. C.C.F. $. 32801 - Orange County Courthouse - Phone(305) 244-2066 Court Costs $ ne : Fines to be paid from CASH BOND to Clerk's Office and remaining balance to be returned to the Depositor. TOTAL $ tT. 50 FRAN CARLION, Clerk of Courts THIS CASE ONLY. on by. Jy). 6 Litt : D.C. f2 fendant la 327§ ADMINISTRATIVE COMPLAIN Te: court veo EXHIHT a 2 - Probation OF ____..—--gRTEOF FLORIDA, NCOY that the above and loregoliy 32-4 (7/87) we GE 8 JREREBY CERTIFY © COUNTY JUDGE Bhed in this ottice rk Circuit Court EXHIBIT. 10 pace ACN Ut \ } CIR, Cul To CO UR _ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STATE OF FLORIDA, O8 MOY 17 Pil [22 CASENUMBER: CR-0-4- 351/A Plaintiff, vs. DIVISION NO: 10 MICHAEL VASQUEZ, Defendant. The defendant, MICHAEL VASQUEZ, being personally before this court represented by L. Gomez, the attorney of record, and the state represented by Division 10, and having entered a plea of Nolo Contendere to the following crime(s): Offense Degree of OBTS Number Statute Crime Number(s 80613 1 S88B888888 and no cause being shown why the defendant should not be adjudicated guilty, IT 1S ORDERED that the defendant is hereby ADJUDICATED GUILTY of the above crime(s). cai osmY : Filed in Open Court this 8th day of February, 1995, Fran Carlton Clerk of the Circuit and County Courts By: Melissa McCallum, Deputy Clerk in Attendance Drange ge° Aa eee OR Bk 4855 pp L1G? ApMitAST Ry ATI WE COMPLAINT ie VASQUEZ 02/08/95 10:53 AM Page 1 of 2 CR-O-94- 351/A \ pace Foy _ EXHIBIT THE CIRCUIT/COUNTY COURT, IN AND FOR BROWARD COUNTY, FLORIDA FAILURE TO PAY FINE BY THE BELOW DATE MAY RESULT IN A WARRANT FOR YOUR ARREST AND/OR THE SUSPENSION OF YOUR DRIVER'S LICENSE AND DELINQUENCY FEES IMPOSED. _ of, j f S : ROR/iC/SURETY - Sw A A i Geeno 94 00O591MMIOA annestno.FL94000177 OTE pon _/ 98 f acency FURL ANT VAZQUEZ» MICHAEL AKA VAZQUEZ, MICHAEL COURT STATUS . STRATE \O rnin. pCerlance OF PLEA o TRUST FUND / HOURS COMM. SERVIC IGNMENT O JURY Q PLED GUILTY O ADJ. GUILTY LV ASSESSMENT EACH cout ENCING © COURT LED NOLO Regen EACH CouNT D 1ST. V.O. NOLLE PROSEQUI © DISMISSED 0 ACQUITT GO FINALV.O, 001 THEFT =(8) DUI USE ONLY ‘ OTHER CE: =~ Khe (I MAIL PAYMENT TOZ CLERK OF COURT» 201 SE 6 STas ET LAUDERDALE, Fl 33501-3395 po ee COUNT(S) TIME SERVED AYS 4 ! . COURT Poh vfs rine J) Cost %» SC) ve. JC fond 5% Cc. COURT $ FINE cost COURT $ FINE cost 5% V.C. s CJC COURT $ FINE COST SH. gic DEFERRAL FEE TO: UL; LLL GY- ff ~ COUNT ‘PROBATION W/SPECIAL CONDITION, ——_________.. LICENSE SUSP. __ éoum SEAVICE Bey CASAP/DU! SCHOOL CAS AP EVALUATION x COURT $s cost 5% Ll, CJC EMTF JAIL TIME lem] a

Docket for Case No: 04-004133PL