FILED Department of Business and Poafesstonal Regulation Deputy Agenoy Clerk STATE OF FLORIDA QO DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT CLERK = Evette Lawson-Proctor Date = 3/1/2012 File # FLORIDA DEPARTMENT QF BUSINESS AND PROFESSIONAL REGULATION, . Petitioner, Vv. Case No. 2011-003063 STEPHEN MARABEL Respondent. / = ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against STEPHEN,MARABEL, (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. Respondent is licensed as a Real Estate Broker having been issued license number 381024. : . 3. Respondent's address of recordiis 330 U.S. 27 N., Ste. 2, Sebring, Florida 33870. i 4, At all times material hereto, Respondent was the qualifying broker for JEEJS, Inc, d/b/a Exit Realty All Stars (Exit Realty), a real estate corporation registered with the Petitioner. 5. At all times material hereto, ‘Respondent maintained two escrow accounts with TD Bank (formerly Riverside National Bank), 6. On March 8, 2011, an office inspection and audit was NY t} ca Filed April 20, 2012 8:54 AM Division of Administrative Hearings F C) r performed at Respondent’s office, located at 330 U.S. 27 North, Ste. 2, Sebring, Florida. 7. During the office inspection, Respondent was unable to provide complete records of Exit Realty’s leases and property management agreements, 8. Additionally, Respondent was ‘unable to provide monthly reconciliation statements and complete bank records for Exit Realty’s two escrow accounts. 9, Respondent was unable to determine the total trust liability for Exit Realty’s escrow accounts. COUNT _ONE 10. Petitioner re-alleges and incprporates by reference the allegations set forth in paragraphs one: (1) through nine (9) as if fully set forth herein. 11. Section 475.5015, Florida Statutes, subjects a real estate licensee to discipline for: [Failing to) 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 hooks, 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 hroker 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! ‘agreemertt, rental or lease agreement, or any other written or verbal agreement which engages the services of the broker. 12. Respondent violated Section 475.5015, Florida Statutes, in one or more of the following ways: a. By failing to preserve ang, make available to the department for review, complete copies of Exit Realty’s lease agreements and property management agreeriénts for the period in question; ; b. By failing to make available to the department a complete copy of the bank records for Exit Realty’s two escrow accounts. 13. Based on the foregoing, Respondent violated Section 475.5015, Florida Statutes, when Respondent failed to keep and make available to the departitent complete copies of Exit Realty’s brokerage records and bank statements. COUNT TWO \ 14. Petitioner re~alleges and incofporates by reference the allegations set forth in paragraphs one , (2) through nine (9) as if fully set forth herein, 15. Section 475,25(1) (e), Florida Statutes, 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. 16. Rule 61J32-14,012(2), Florida ; Administrative Code, states: Once monthly, a broker shall cause to be made a written statement comparing the broker's total liability with the reconciled bank balance(s) of all trust accounts. The brokex’s trust liability is defined as the sum total of all deposits received, pending and being held'by thé wbroker at any point i. | ‘ Pe in time. The minimum information to be included in the monthly statement-reconcijliation shall be the date the reconciliation was wndertaken, the date used to reconcile the balances, the name of the bank(s}, the name(s) of the accovnt(s), the account number(s), the account balance(s) and date(s), deposits in transit, outstanding checks identified by date and check number, an itemized list of the broker’s trust liability,, and any other items necessary to reconcile the ‘bank account. balance (s) with the balance per‘the broker's checkbook(s) and other trust account/books ang} records disclosing the date of receipt’ and the ‘source of the funds. The broker shall review, sign’and date the monthly statement-reconciliation. 17. Respondent violated Rule 61732-14,.012(1), Florida Administrative Code, by failing «to prepare monthly reconciliation statements for Exit ,Realty’s two escrow accounts. 18. Based on the foregoing, Respondent violated Section 475.25(1) (e), Florida Statutes, by violating Rule 61d2- 14.010(2), Florida Administrative Code, .by failing to prepare monthly reconciliation statements for )pxit Realty’s escrow @) accounts, ; a COUNT THREE 19, Petitioner re~alleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) as if fully set forth herein, i 20. Section 475.25(1)(e), Florida Statutes, 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, C) 21. Rule 6132-14.012(1), Florida Administrative Code, states: A broker who receives a deposit as previously defined shall preserve and make available to the BPR, or its authorized representative, all deposit slips and statements of account rendered by the Gepository in which said ‘deposit is placed, together with all agreements between the parties to the transaction. In addition, the broker shall keep an accurate account of each deposit transaction and each separate bank account wherein such funds have been deposited. All such books and accounts shall be subject to inspection by the DBPR or its authorized representatives at,all reasonable times during regular business hours: { 7. 22. Respondent violated: Rule “61g2-14.012(1), Florida Administrative Code, when Respondent was ywnable to determine the total trust liability for Exit Realty’s two escrow accounts because of a failure to retain lease agreements and deposit records. — 23. Based on the foregoing, Respondent violated Section 475,25(1) (e), ‘Florida Statutes, by Violating Rule 61J2- 14,010(1), Florida Administrative Code, by failing to retain the. bank records and agreements that allow Respondent to determine the trust liability for Exit Realty’s escrow accounts. : ; ht 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 C) C) 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. day of February __, 2012. SIGNED this 23 PCP Date: 02/20/12 PCP MEMBERS; Guju/Fisher By: KEN LAWSON, Secretary Nepartment of Business and Professional Regulation Megan Demartini Megan Demartini Assistant General Counsel Florida Bar No.93569 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Suite 42.0 Tallahassée, FL 32399-2202 (850) 71741555 - Telephone (850) 414-6749 - Facsimile ’ . 4 ! ‘ ry C) NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action, PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in “accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that L£ Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter, Pursuant to Section 455,227(3) (a), Florida Statutes, the Board, or the Petitioner when there is no Board, May assess costs related to the investigation and prosecution of ‘the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-001500PL