Jo F40E PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. peep 20 Pe FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case Nos. 2009042478 MARC FRANCES GIORDANO Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against Marc Frances Giordano, (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida ’ Statutes. 2. At all times material to this Complaint, Respondent is licensed as a real estate broker having been issued license numbers 0629461. 3. Respondent was registered with Petitioner, as a sole proprietor, doing business as Giordano Realty. 4. Respondent’s address of record is 12327 Quercus Lane, Wellington, FL 33414. Giordano 2009042478 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint 5. At all times material to this Complaint, Respondent engaged in the management of real properties as Officer/Director/President for Palm Beach Realty and Property Management Inc. 6. A copy of the registration for Palm Beach Realty and Property Management Inc., with the Florida Department of State, Division of Corporations, is attached as Administrative Complaint Exhibit 1. 7. Respondent, as a licensed broker, failed to register Palm Beach Realty and Property Management Inc., with the Florida Real Estate Commission, as an entity engaged in real estate activities. 8. On or about October 14, 2004, Respondent, as broker for Palm Beach Realty and Property Management Inc., entered into a Property Management Agreement with Janet,Swift (Landlord) for a property known as 941 A-1 Sable Pine Circle, West Palm Beach, FL (Subject Property) . 9. A copy of the Property Management Agreement with Landlord is attached as Administrative Complaint Exhibit 2. 10. Respondent managed the Subject Property for Landlord until 2008. Giordano 2009042478 2 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint 11. Upon the termination of the Property Management Agreement with Landlord, Respondent failed to account for and deliver to Landlord, the Tenant’s security deposit for $795.00. 12. Upon the termination of the Property Management Agreement with Landlord, Respondent failed to account for and deliver to Landlord, the Tenant’s rent payment for June 2008 in the amount of $731.40. 13. A copy of the letter describing funds the Respondent failed to account for and deliver to Landlord, is attached as Administrative Complaint Exhibit 3. 14. On or about December 29, 2009, Respondent was given notice to deliver to Petitioner’s Investigator, a copy of the broker's business records for the Subject Property. 15. On or about January 19, 2010, Respondent agreed with Petitioner's Investigator, that he would deliver broker's business records for the Subject Property by the end of the week of January 19, 2010. 16. A copy of Respondent’s e-mail promising delivery of broker's business records for the Subject Property by the end of the week of January 19, 2010, to Petitioner, is attached as Administrative Complaint Exhibit 4. 17. As of March 22, 2010, Respondent failed to deliver broker's business records for the management of the Subject Property to Petitioner. Giordano 2009042478 3 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint Count One : Sota on ne 18. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through seventeen (17) as if fully set forth herein. ' 19. Section 475.25(1)(d)1., Florida Statutes, (008) subjects real estate licensee to discipline for: “[Failure] to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft, abstract of title, mortgage, conveyance, lease, or other document or thing of value...” 20. As set forth above, Respondent failed to account for or deliver to Landlord the security deposit in the amount of $795.00, entrusted to Respondent as escrow agent for the rental of the Subject Property. . 21. Respondent failed to account for or deliver to Landlord the amount of $731.40 collected by Respondent for the month of June 2008, for the rental of the Subject Property. 22. Based on the foregoing, Respondent violated Section 475.25 (1) (d)1, when Respondent failed to account for or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to Giordano 2009042478 4 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint such accounting and delivery, any personal property such as money, fund, deposit, check, draft. Count Two 23. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty-two (22) as if fully set forth herein. 24, Section 475.25(1)(e), Florida Statutes, (2008) subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 23. Section 475.5015, Florida Statutes (2008) states: “Each broker shall keep and make available to the department such books, accounts, and records as will enable the department to determine whether such broker is in compliance with the provisions of this chapter. Each broker shall preserve at least one legible copy of all books, accounts, and records pertaining to her or his real estate brokerage business for at least 5 years from the date of receipt of any money, fund, deposit, check, or draft entrusted to the broker or, in the event no funds are entrusted to the broker, for at least 5 years from the date of execution by any party of any listing agreement, offer to purchase, rental property management agreement, rental or. lease agreement, or any other written or verbal agreement which engages the services of the broker.” 24. As set forth above, Respondent violated Section 475.25(1) (e), Florida Statutes, by violating Section 475.5015 Florida Statutes in one or more of the following ways: a. Respondent failed to keep and make available to Petitioner such books, accounts, and records as would enable the department to determine whether Giordano 2009042478 5 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint Respondent is in compliance with the provisions of Chapter 475, Florida Statutes ceo e.%. b. Respondent failed to preserve and deliver to Petitioner, at least one legible copy of all books, accounts, and records pertaining to Respondent's real, estate brokerage business for the management of the Subject Property. 25. Based on the foregoing, Respondent violated Section 475.25(e) when Respondent violated Section 475.5015, Florida Statutes, by failing to preserve, retain and deliver to _ Petitioner, Respondent’s broker business records for the management of the Subject property. Count Three 26. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty-five (25) as if fully set forth herein. ‘ 27. Section 475.25(1)(e), Florida Statutes, (2008) subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 28. Section 455,227(1) Florida Statutes (2008), states: The following acts shall constitute grounds for which the disciplinary actions may be taken: 29. Section 455,227(1)(j) Florida Statutes (2008), states: “Aiding, assisting, procuring, employing, or Giordano 2009042478 FDBPR v. Marc Frances Giordano Case No, 2009042478 Administrative Complaint advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.” 30. As set forth above, Respondent had the duty not to assist an unlicensed person to engage in real estate activities; ' thereby, violated Section 475.25(1) (e), when Respondent violated Section 455 .227(1) (4) Florida Statutes, in one or more of the following ways: . a. Respondent incorporated Palm Beach Realty and Property Management Inc. b. Respondent as a representative for Palm Beach Realty and Property Management Inc., engaged in the negotiations of leases/rentals, received payments for the rental o the Subject Property. C. Respondent was compensated as a representative of Palm Beach Realty and Property Management Inc., for engaging in real estate transactions. 31. Based on the foregoing, Respondent viclated Section 475.25(1)(e), Florida Statutes, by violating Section 455,227(1) (j) Florida Statutes, when Respondent, as representative of Palm Beach Realty and Property Management Inc., engaged in real estate transaction for compensation without having Palm Beach Realty and Property Management Inc., registered with the Florida Real Estate Commission, as a licensed real estate Giordano 2009042478 7 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint corporation. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of . Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. Giordano 2009042478 8 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint SIGNED this _/ _ day of Tudy , 2010. CHARLIE LIEM, Interim Secretary Business and Kssistant General Counsel Florida Bar No. 287288 Department of Business and Professional Regulation Division of Real Estate 400 W. Robinson Street, N801 Orlando, FL 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 6/2010 PCP MEMBERS: JDR/HF Giordano 2009042478 FDBPR v. Marc Frances Giordano Case No. 2009042478 Administrative Complaint NOTICE TO RESPONDENT (S) 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. Giordano 2009042478 10 www.sunbiz.org - Department of State bup://sunbiz.org/scripts/cordet.exe?action=DETFIL&ing_doc_numb... A . i} i Previous on List Next on List Return To List | ! Events i No Name Histary . ‘Detail by Entity Name - I, | Florida Profit Corporation t i PALM BEACH, REALTY AND PROPERTY MANAGEMENT, INC. i Filing Information Document Number P05000098572 FEVEIN Number 651140708 : 7 | Date Filed | 07/13/2005 i State ; FL Status : INACTIVE | Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/14/2007 Event Effective Date NONE Principal Address —— 224 DATURA STREET ; 11014 | WEST PALM BEACH FL 33401 Mailing Address i 224 DATURA STREET 1014 . WEST PALM BEACH FL 33401 GHORDANO, MARC 224 DATURA STREET _ 1014 WEST PALM BEACH FL 33401 US Officer/Director Detail Name & Address Tite PRES | i | GIORDANO, MARC 224 DATURA STREET #1014 WEST PALM BEACH FL 33401 Tile TRES GIORDANO, KELLY 224 DATURA STREET WEST PALM BEACH FL 33401 PAROS Te ° RATIVE CONF LAENT. | EXHIBIT 4 a | Annual Reports f PAGE { OF Se -9/1/2009 9:04 AM EXHIBIT__ pace 0 I i 1 | ww w.sunbizorg - Department of State hup://sunbiz. org/scripts/cordet,exe?action=DETFIL&ing_doc_numb.., | i Report Year Fliad Date | 2008 12/14/2006 Document images i vy ‘REAIZ00 =: REINSTATEMENT ‘View lmaga in POF tarriat question o conti] 62/13/2005 --[Dainestic Profit Next on List Return To List Entity Name Search No Name History * submit | E Home | Contact us | Docurnent Searches | E-fitng Services | Farms | Hetp | Copyright and Prvacy Polcies Copyright © 2007 State of Hlorids, Oepartment of State, ! i i i ‘ i i | i H : , WWUNOT RAL VE GUMPLA of? ' EXHIBIT # 9/1/2009 9:04 AM | PAGE Lexy GT PAG 37 nin a oR cts sho tt Shan cn PROPERTY MANAGEMENT AGREEME! THE UNDERSIGNED OWNERS,, hereby employ the undersigned Broker, Palm Beach Realty and Property Management exctusively to rent, lease, Operate and manage the real property situated in the Cl Paim Beach, County of Palm Beach, Stats of Fforida, described as 841 A-1 Sable Pine Circle, far jod'ot” 10/16/03; and automatically opewed HEY TOM4IS oF until the end of the lease or lease renewal term, : foltow! ERMS and CO! whichever is later upon the DITIONS. : BROKER'S OBLIGATIONS The Owner grants to the Broker the following duties, authority and powers: '8. Full management and contro] of said Property with authority to collect all rents and other monies ‘and securities from tenants In the Property and Issue receipts. b. To negotiate new leases and renewals of existing leases In accordance with the rent schedule.and ws terms as approved by the Owner and tha Broker jointly. . &. To have repalrs made to purchase necessary suppiles and to pay bills and charge It to the Owner. On rap if andYepidies ‘that exceed’ $400:00 In cost (except emergency repairs) athe’ Owtere! approval shall first bé-obtalted.7AC the termination of this Agreement the Owner assumes the obligation of any contract entered into by the Broker on the Owner's behalf. d. To advertise the premises when vacant, at the expense & sole discretion of the Broker with regard to the madium used and the frequency of ads placed. 8. To serve vacate notices upon tenants and to prosecute in the name of the Owner. To Initiate legal actions to avict tenants, recover rents. To defend Broker against tenant and suppiler of services by employing for these purposes a reputable attorney. The Owner will pay attomey’s fees and costs, f. The Broker is granted with such other general authority and powers a5 may be necessary or expedient to carry out the aplirit and Intent of this agreement with respect to the renting, management and operation of the Property described herein. g. The Broker hereby accepts the Agency and agrees to perform faithfully and diligently the duties of 8 real estate managing agent. The Broker does not guarantee the payment of rentais by the tenants, J but will make avery reasonable effort to collect same when and as they become due, h. In the event an emergency repair ls necessary under situations which woutd elther render the premises uninhabitable to the tenant or under such circumstances as repairs may be necessary to prevent damage to the premises, Broker ls authorized to take whatever action an owner of reasonable prudence and concem would be expected to undertake fer the protection of his Property and or the fulfillment of his legal obligation to the tenant. With regard to such emergency repairs, Broker is authorized to axpend whatever sums of money as may be required and may reimburse Iteelf. for said repairs out of rents collected in the event Owner does not reimburse Broker for same within thirty (20) . days trom the date Broker provides Owner with written notice of sald repairs. Written notice, for purposes of this Agreement shall commence on the date Groket places said notice in the mail and not for the date Owner receives said notice. ; . i Broker shail handle all tenant requests and negotiations that may arise from tine to dime. ), Broker efiall maineatt ddcirath records of all nioniessecbIVed anid disbursed in’corineedon with the” ‘management of the Property: Such records ‘be opened for inspection by Owner at all - r sof receipts; éxpense charges’ and accruals: F uals for fiture éexpensos.)In the event disbursements shail exceed receipts, Owner shall promptly reimburse the Broker upon demand. Owner assumes full responsibility for the payment of any expense and obligation incurred In connection with the exercise of Broker's duties set forth herein. k, Broker has the right to hire employees necessary for the maintenance of the Property. The Brokor should not be required to arrange for bonding of employees who would be handling cash on behaif A. TRO Broker Tétalnd the SEIUSRA Hight € tebe tho Property during the teri Of Hhisayisamente . 0. The Broker Is required by law to treat all parties in a property transaction falrty, wfthout . om regard to race, color, religion, national origin, ancestry, sax, a arital status, sexua 3 orientation, presence of children, or physical or mental handicaps. Owner(s) Agrees; - i : : a. Owners) will indemnify and hold the Broker completsly harmless from any and al} costs, . ‘expenses, attorney's fees, suits, liabilites, damages or claim for damages, Including but not Jimited ito those arising out of any Injury or death to any parson or persons or damage to any property of any ‘kind whatsoever and to whomsoever belonging, Including Owners, in any way relating to the ‘management of the premises by the Broker or their performance or exercise of any of the duties, obligations, powers or authoritles herein or hereafter grantad to the Broker, to carty, at Owner's sole ‘cost and expense such public liability property damage and workmen's compensation insurance as _ shall be adequate to protect the interests of the broker and Owner, the policlea for which shall name i the Broker as well as the Owner as the party Insured and shall specifically include coverage of the | indemnity and hold harmiass provision set forth In this paragraph. The Broker shall not be Hable for Hany error of judgment or for any mistake of fact or law or for any loss caused by his own negligence, ) except In cases In which the loss is caused by the Broker's own willful misconduct or gross negligence. Should a laweult be brought against the Broker while performing the duties of ; Management on behalf of the Owner, the Owner agrees to pay any out of pocket costs, Including but ‘not limked to, Broker's ilability insurance deductibles. b. To pay mortgage indebtedness, property and employee taxes, spacial aasessments and to place insurance as follows in amounts at Owner's diecretion: 7 1, insurance for the perils of fire, ilghtning, wind, hall, explosion, emoke, alreraft, vehicles, vandalism and burglary on the contents. 2. “All Risk" protection on the bullding and rental Income at Owner's Discretion, 3. Insurance for liability for personat injury and property damage at Owner's Discretion. c, Owner agrees to pay Broker a fee or fees for services rendered at the rates hereinafter set forth. | Owner recognizes Broker as agent in any negotiation relative to the property or any part thereof, which may have been initiated during the term hereof, and If consummated, shall compensate Broker In accordance with the rates hereinafter set forth. Such compensation Is due and payabie on demand and may be deducted by the Brokar from receipts: ‘1. Management: 7% of Monthly Gross Rental, Management services beyond the scope of this contract are negotia age fim, i 3. Sale: 6% of Purchase Price ' 4. Alteration, Modernization, Redecoration: Time & Material Basia §. Eviction: Services beyond the 3-Day Notice are billable. The Broker accepts this exciusive employment and agrees to use due diligence in the exercise of the duties, authority and Lenabalg aiaibe upon him, under the. terns hereof. | Palm Beach Realty & Property Management 224 Datura Street Sulte 1010 West Palm Beach, FL 33404 a a x ] ' Phone#_Y/() 1 vse Sry J | {Area Code) She contract may also be eanceled:for.causegon-eele-of the Prope sin. condemnatioryor the bankruptcy or insolvency of either party. This Agreement shall be binding upont Successors and assigns of the Broker and the helrs, administrators, executors, successors and essigns of the Owner: WITN estes OWNER (S) Sian (Oni EXHIBIT paced ; cee nae ne 07 os Daas, me Vargoo, .. eee te snueetntvats met tan wig oo a AUS 28 2009 Aon Cl entng - ts wv. Uettin., of - ug. DOLF i tc . vep aye wa att ) Kewre By te abhe: Fe Bek fo Know. far RECEIVED BY’ prch Ae gured me, ter A ee ane AMA cpemmtnd. ‘Yee, ee certo erento fee nme ecemen . wd Pore a. 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O-pprrerale- 34 Yeu. raroutel At added... cesennene Booties, ABs. mellin. a Cae cee eee wee eeeanene pert | boo, Cees esta wees coat tie mentee wanes man Wb YEAST eet AEF cee EDL, mein, BA. c cncegy ton aioe renee swememnscns Gay men Page | of 1 Platt, John From: Marc Giordano (giordanorlty@msn.com] Sent: Wednesday, December 30, 2009 9:07 AM To: Platt, John Subject: RE: |State Investigation Hi John, I will be back in town on Jan 3 , would it be ok if | contact you once | return? Thank You, Marc Giordane Subject: State Investigation Date: Tue, 29 Dec 2009 13:02:40 -0500 From: John.Platt@dbpr.state. fl.us To; giordanorlty@msn. com Please contact the undersigned Investigator regarding a State of Florida Investigation. Division of Real Estate Jonathan Platt-investigator 1118. Sapodilla Ave. #104 West Palm Beach, Fl 33401 (561) 315-4694) Hotmail: Trusted email with powerful SPAM protection. Sign up now. 12/30/2009 | Page | of 2 Platt, John From: Mare Giordano [giordanority@msn.com] — is Sent: Tuesday, January 05, 2010 8:28 AM To: — Platt, John : Subject: RE: State Investigation Attachments: swift.doc; mail receipt.pdf Hi John, Enclosed is the letter sent to Mrs.Swift. I will notify you once this has been resolved (before the end of this month). Thank You, Marc Giordano Subject: RE: State Investigation Date: Wed, 30 Dec 2009 09:17:42 -0500 From: John. Platt@dbpr. state. fl.us To: giordanorlty@misn. com Yes. . Division of Real Estate Jonathan Platt- -Investigator 1118S. Sapodilla Ave. #104 ‘West Palm Beach, FI 33404 (561) 315-4894 From: Marc Giordano {mailto. sgiordanority@msn. com] Sent: Wednesday, December 30, 2009 9:07 AM To: Platt, John Subject: RE: State Investigation Hi John, L will be back in town on Jan 3., would it be ok if i contact you once i return? Thank You, | Marc Giordano 1/5/2010 Page 2 of 2 Subject: State Investigation ' Date: Tue, 29 Dec 2009 13:02:40 -0500 : From: John. Platt@dbpr.state.fi.us oo ; sina ost ttaati . ee To: giordanority@msn.com ee ~ Please contact|the undersigned Investigator regarding a State of Florida Investigation. Division of Real Estate : ' Jonathan Platt- Investigator 1118. Sapodilla Ave. #104 West Paim Beach, Fl 33404 (561) 315-4694 Hotmail: Trusted email with powerful SPAM protection. Sign up now. - Hotmail: Free, trusted and rich email service. Get it now. [ O ; pace (3 1/5/2010 AGE OF Tam sorry taking so long to contact you. Because of the economy, we are no longer in the business of property management. I am in the process of researching your account; however it has been difficult to locate all files since the closing of the office. If you would lextend us a little more time to verify the account. Because at least two years have — elapsed since you were a client it makes it a difficult task. If we have made a mistake or cannot! locate the file, we will reimburse you for the amount you stated. We would like to close are doors on good terms with all clients. 1 Platt, John Page 1 of 1 t . » From: Marc Giordano [giordanority@msn.com] Sent: Tuesday, January 19, 2010 9:57 AM To: Platt, John , Subject: RE: Out of Office: State Investigation Hi John, T will have Mrs. Swift file finished by the end of the week. Thank You, Marc > From: John. Platt@dbpr.state, fl.us > To: giordanorlty@msn. com > Date: Tue, 5 Jan 2010 08:27:54 -0500 > Subject: Out of Office: State Investigation > > Call on cell phone (561) 315-4694 and/or leave message. Hotmail: Trusted email with powerful SPAM protection. Sign up now. | 1/19/2010

Docket for Case No: 10-009208PL