STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION’ a 2 2, FLORIDA REAL ESTATE COMMISSION a a3 %y FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (4 . CC | P L DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2007061674 2007061679 DENNIS S. MARKOW, 97061683:. ROMAN PAVLIK, AND ame ANA MARIA COBO Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Dennis S. Markow, Roman Pavlik and Ana Maria Cobo (“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 Dennis S. Markow is and was at all times material hereto a licensed Florida real estate broker, issued license number 3017106 and 538211 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at 1355 Real Estate Associates Inc., 1355 FDBPR v. Dennis.S. Markow, Roman Pavlik and Ana Maria Cobo Case No. 2007061674 Administrative Complaint 2007061679 200706 1683 Alton Road, Miami Beach, Florida 33139 and at 2000 Island Blvd. #1808, Aventura, Florida 33160. 3. Respondent Roman Pavlik is and was at all times material hereto a licensed Florida real estate broker associate, issued license number 677141 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at 1355 Real Estate Associates Inc., 1355 Alton Road, Miami Beach, Florida 33139. 4. Respondent Ana Maria Cobo is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 3180717 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive sales associate at 20355 NE 34" Court #1627, Aventura, Florida 33180. 5. Atall times material Respondents Ana Maria Cobo and Respondent Roman Pavlik are or were sales associates registered with Respondent Dennis S. Markow, the qualifying broker for 1355 Real Estate Associates, Inc., d/b/a REMAX Beach Properties. 6. On or about October 11, 2006 Respondents represented Enrico Sacchi (Buyer) in the purchase of a property owned by Rahma Raquel Birmann (Seller) for a property located at 3640 Yacht Club Drive #406, Florida 33180 (Subject Property). 7, Onor about October 11, 2006 Respondents received from Buyer an escrow deposit check for $1,000.00 for the purchase of the Subject Property payable to Olympia Title. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 8. Respondents delivered Buyer’s escrow deposit check to Olympia Title on or about October 20, 2006. FDBPR v. Dennis S. Markow, Roman Pavlik and Ana Maria Cobo Case No. 2007061674 Administrative Complaint 2007061679 2007061683 COUNT I Based upon the foregoing, Respondent Dennis S. Markow is guilty of failure to properly 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 Roman Pavlik is guilty of failure to immediately place with the registered employer any money, fund, deposit; check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT Il Based upon the foregoing, Respondent Ana Maria Cobo is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Ana Maria Cobo is guilty of having obstructed or FDBPR v. Dennis S, Markow, Roman Pavlik and Ana Maria Cobo Case No. 2007061674 Administrative Complaint 2007061679 2007061683 hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)(i), Florida Statutes and, 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 $5,000 for each count or offense; imposition of investigative costs; issuance ofa 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 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 4 FDBPR v. Dennis S. Markow, Roman Pavlik and Ana Maria Cobo Case No. 2007061674 Administrative Complaint 2007061679 2007061683 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this \Q___ oA , 2008. Department of Business and Professional Regulation preter Thomas O’Bryant, Jr. ; ah See Director, Division of Real Estate ; 08 oes eS - « Reet esi ATTORNEY FOR PETITIONER Patrick J. Cunningham Senior Attorney Florida Bar N° 469221 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 /k PCP: PH/ATR 2/08 FDBPR v. Dennis S. Markow, Roman Pavlik and Ana Maria Cobo £9 FER 39 Case No. 2007061674 Administrative Complaint “2 AI: Sy 2007061679 ; ; 2007061683 NOTICE TO RESPONDENTS; 3, 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 allowed by law, 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 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. £00 By [s0T9 “ON dor) 6T-ST NHL 900¢/2T/0T #£8'd TWLOL : ES ESOS PSS LL EE, SSS SLLLS. BOSS SO0F ADMINISTRATIVE COMPLAINT. EXHIBIT #1 PAGE | OF ; FAS //2e

Docket for Case No: 09-001007PL