Apr 23 2010 8:31 B4/23/ 2018 Be: 27 4073177268 DRE LEGAL PAGE 3/13 | STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION . FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION GF REAL ESTATE, Petitioner, v. - DBPR Case NO. 2009004385 GAIL A. MONCLA, Respondent. : / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Gail A. Moncla (“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 broker, issued license number 3218488 H:\ac\moncla.doc Apr 23 2010 8:32 B4/23/ 2018 Be: 27 4073177268 DRE LEGAL FDBPR v. Gail A. Moncla Case No. 2009004385 Administrative Complaint 7 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued to Respondent was as an active broker at Rental Home Management Services, Inc., 659 Maitland Avénue, Altamonte Springs, Florida 32701. Respondent also holds ‘an active real estate school instructor license number 1002673 and 1002494 with All American School of Real Estate, Inc. and Institute of Florida Real Estate Careers, Inc. 4. At all times material, Respondent and Gene Bennett were brokers of record for All American School of Real Estate Inc. dba All American Management. 5. In approximately mid 2008, Respondent and Gene Bennett began contemplating a business split from each other. 6. All American Management had the following bank accounts with Fifth Third Bank: a. #2883 (security deposit account) b. #0076 (vendor trust account) c. #7850 (lease trust account) a. #8847 (rental trust account) e. #7876 (operating account) 7. Both Respondent Gail Moncla and Gene Bennett were signatories on the above accounts. H:\ac\moncla.doc : 2 PAGE a4/13 Apr 28 2010 8:32 Bd/ 23/2018 8a:27 4073177268 DRE LEGAL PAGE 5/13 FDBPR v. Gail A. Moncla Administrative Complaint , Case No. 2009004385 8. In account #8847, which was a trust account, Respondent and Gene Bennett maintained $70,763.58 of All American brokerage funds in the account. 9. In approximately January 2009, All American School of Real Estate Inc. dba All American Management’s accounts at Fifth Third Bank were frozen and hundreds of property owners’ checks bounced. 10. On or about February 2009, Petitioner requested copies of the reconciliation statements for the Respondent's bank accounts. 11. Respondent did not perform reconciliation statements for the period from September 2008 through April 2009. 12. Respondent had to reconstruct reconciliation statements for the period from September 2008 through April 2009. COUNT ONE ‘Based upon the foregoing, Respondent Gail A. Moncla is guilty of failure to prepare and review the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and Section 475.25(1) (v), Florida Statutes, and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent Gail A, Moncla is guilty of maintaining over $5,000 of personal or brokerage funds in the H:\ac\monela.doc 3 Apr 23 2010 8:33 Bd/ 23/2018 8a:27 4073177268 DRE LEGAL PAGE 86/13 FDBPR v. Gail A. Moncla , ; “Case No. 2009004385 Administrative Complaint : escrow account in violation of Rule 6172-14.010(2) 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 “(20) 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 6172-24.001. 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, H:\ac\moncla.doc . 4 Apr 23 2010 8:33 B4/23/ 2018 Be: 27 4073177268 DRE LEGAL PAGE 7/13 FDBPR v. Gail A. Moncla ‘ Case No. 2009004385 Administrative Complaint registration, or permit; suspension of the license, registration, or permit for a period net 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; 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 61J2-24.001. Signed this 2 day of © Cas , 2009. ifer Leigh Blakeman enior Attorney Florida Bar No. 0506877 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: RE/HF 9/09 H:\ac\moncla.dac 5 Apr 23 2010 8:33 Bd/ 23/2018 8a:27 4073177268 DRE LEGAL PAGE 8/13 FDBPR v. Gail A. Moncla . Case No. 2009004385 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. H:\ac\moneta.doc . 6

Docket for Case No: 10-002193PL