FILED STATE OF FLORIDA UI SEP -2 A 10:49 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT EM 19 FLORIDA REAL ESTATE COMMISSION ADMINIS ey H RAtive EARINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2008066555 2008066556 EDGARDO A. DEFORTUNA AND FORTUNE INTERNATIONAL REALTY, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Edgardo A. Defortuna and Fortune “International Realty (“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 Edgardo A. Defortuna is and was at all times material hereto a licensed Florida real estate broker, issued HAac\defortuna.doc FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint license numbers 3008909, 3010764, 3091815, 3049792, 3069262, and 258102 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker at Fortune International Realty Inc., 2666 Brickell Ave. 3°° Floor, Miami, Florida 33129; Fortune Development Sales Corp., 1300 Brickell Avenue, Miami, Florida 33131; Fortune International Realty Brickell Inc., 1390 Brickell Avenue #104, Miami, Florida 33131; Fortune South Beach Realty Inc., 260 Crandon Blvd. 19, Key Biscayne, Florida 33149; Fortune International Realty Weston LLC,: 1633 Bonaventure Blvd., Weston, Florida 33326; and Fortune International Iriondo Ecker & Associates, Inc., 1300 Brickell Avenue, Miami, Florida 33131. 3. Respondent Fortune International Realty, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 213971 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 2666 Brickell Avenue 37° Floor, Miami, Florida 33129. 4. At all times material hereto, Respondent Edgardo A. Defortuna was licensed and operating as qualifying broker and officer of Respondent Fortune International Realty Inc. H:\nc\defortuna.doc tw FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint 5. On or about August 22, 2005, Respondents listed for sale a property located at 1331 Brickell Bay Drive, unit 2201, Miami, FL 33131, (Subject Property) owned by MSG International Corporation. 6. Respondents knew or should have known that on or about August 22, 2005, the Subject Property was listed for sale for $1,195,000. A copy of the listing is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. On or about November 14, 2005, Respondent knew or should have known that the Subject Property was listed as a pending sale for $2,080,000. 8. On or about November 18, 2008, Respondents received notice to deliver to Petitioner's representative a true and complete copy of broker's business record for the listing and sale of the Subject Property. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 9. On or about December 1, 2008, Respondent informed Petitioner's representative that the broker's business record for the Subject Property was misplaced. 10. On or about January 15, 2009, Respondent notified Petitioner’s representative to have located the broker's business record for the Subject Property. HaAac\defortuna,doc 3 FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint 11. Respondent admits failing to maintain a copy of the listing agreement in the broker's business records for the sale and purchase of the Subject Property. COUNT ONE Based upon the foregoing, Respondent Edgardo A. Defortuna is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an -accurate account of all trust fund transactions in violation of Rule 61392-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1) (e), the Florida Statutes. ) cour TWO Based upon the foregoing, Respondent Fortune International Realty Inc. is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 6172-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Ha\ac\defortuna.doc 4 FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint 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 of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permittee 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 6132-24.001. 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; HAac\defortuna.doc 5 FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61032-24.001. ‘Signed this i day of Mew , 2009. ATTORNEY FOR PETITIONER 1 “4 i Fy ont 08 crgtassiona" geri Oo PF cel Estate wo Jeéties . Cunningham Senior Attorney Florida Bar No.469221 Division of Real Estate Department of Business and REG stat 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 Bre Giveslazi 1, ot F /k PCP: MG/MV 4/09 H\ae\defortunn.doc 6 FDBPR v. Edgardo A. Defortuna Case No. 2008066555 Administrative Complaint 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 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. Haac\defortuna.doc 7 Page 1 of 1 Mizioznikov, Felix From: Mizioznikov, Felix ; Sent: Tuesday, November 18, 2008 1:28 PM To: ‘olga@fortune-network.com' Subject: D.B.P.R. File Request Olga, |. need a true and complete copy of transaction file for property located:at 4 331 Brickell Bay Drive, # 2201, Miami, FL 33131. This:property closed on 10/04/2005 and contract date would.have been around-09/05. ‘Thanks ; ae ms : Felix Mizioznikov _ {Investigations Specialist tl Division of Real Estate Bureau of Enforcement Office (786) 336-1467. Facsimile (786) 336-1472 Cellular (786) 447-9114 ' Please. Note: “Pursuant to. Section 455.225(1 0),.-Flo da Statutes, the contents of this e-mail may be confidential. If you-have received this message in error,’or if-you intend to use; disclose, copy, or . disseminate its contents, please contact vee ADALII008 ee - a J G00 “USS : Boot tal eel Meet eS eG CNA BU a. “a ve Agent Broker DOM Di056318 «xX $4,900 11/23/05 3080285 FINROL DIOS6286 Cs $2,080,000 11/14/05 3127971 . MRRG 273 D1056286 ps $1,198,000 08/22/05 3080286 FINROI 273 D1056286 A $1,198,000 07/19/05-- . "3ggo286 FINROL DIOS6318 «ok $4,900 06/16/05 3080286 FINROI D105631B «A $4,900 06/16/05 - “D5zaa45 FINROL D1O56286 A $1,198,000 06/16/05 0578345 Ss FINROW + -Dtes62B5 ok $1,198,000 06/16/05 3080286 FINROI p1029794. x $1,140,000 05/23/05 3080286 FINROL p1029794 a $1,140,000 11/22/04 3080286 FINROL ie 12/08 *(C) 2008 —NDAR RAGA, RAM, RAMDC saBGR— INFORMATION ‘Suave ACCURATE BUT IS ot: WaRRaNTED® 10:25 am

Docket for Case No: 09-004766PL