FILED Department of BLetness and Professtonal Regutation Deputy Agenoy Clerk STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] “i Evette LawsonProctor Dete = & 24/2012 Fite# FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, i Petitioner, | v. Case No. 2010-059974 | LUIS MANUEL APARICIO Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Luis Manuel Aparicio (Respondent) and alleges: i 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 was licensed as a real estate sales associate in the State of Florida, having been issued license number 691271. 3. Respondent’s address of record is 15552 SW 115 Street, Miami, Florida 33196, 4, On or about September 6, 2007, in the Circuit Court of the 11° Judicial Circuit, in and for Miami-Dade County, Florida, Respondent pled guilty to Money Laundering/Unlawful Proceeds/>20k, under 100k (Count 16), Grand Theft 2™ degree/$20,000 or more, under $100,000 (Count 17), Mortgage/Obtain by false representation (Count Filed December 7, 2012 1:21 PM Division of Administrative Hearings 19), Money laundering/unlawful proceeds/>20k<100k (Count 20), Grand Theft 2" degree $20,000 or more, under $100,000 (Count 21), Mortgage/Obtain by false representation (Count 23), Money Laundering/Unlawful proceeds/>20k<100k (Count 24), Mortgage/Obtain by false representation (Count 27), Money Laundering/Unlawful Proceeds/20k or more, under 100k (Count 28) in case number F0O3- 017089C, 5, Respondent failed to timely notify the Florida Real Estate Commission (Commission) after entering a plea of guilty in case number F03-017089C, COUNT ONE 6. Petitioner re~alleges and incorporates by reference the allegations set forth in paragraphs one (1) through five (5) as if fully set forth herein. 7. A licensee is in violation of Section 475.25(1) (£), Florida Statutes (2007), if the licensee: Has been convicted or found guilty of, or entered a plea of nolo contendere’ to, regardless of adjudication, a crime in any Jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt, 8. Respondent violated Section 475.25(1) (f), Florida Statutes, by entering a guilty plea to Money Laundering/Unlawful Proceeds/>20k, under 100k (Count 16), Grand Theft 2" degree/$20,000 or more, under $100,000 (Count 17), Mortgage/Obtain by false representation (Count 19), Money laundering/unlawful proceeds/>20k<100k (Count 20), Grand Theft 2™ degree $20,000 or more, under $100,000 (Count 21), Mortgage/Obtain by false representation (Count 23), Money Laundering/Unlawful proceeds/>20k<100k (Count 24), Mortgage/Obtain by false representation (Count 27), Money Laundering/Unlawful Proceeds/20k or more, under 100k (Count 28) in case number F03-017089C. Counr TWO 9, Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through six (5) as if fully set forth herein, 10. A licensee is in violation of Section 475.25(1) (p), Florida Statutes (2007), if the licensee: Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. 11. Respondent violated Section 475.25(1) (p), Florida Statutes, by failing to inform the Commission in writing within 30 days after pleading guilty to Money Laundering/Unlawful Proceeds/>20k, under 100k (Count 16), Grand Theft 2™ degree/$20,000 or more, under $100,000 (Count 17), Mortgage/Obtain by false ; representation (Count 19), Money laundering/unlawful proceeds/>20k<100k (Count 20), Grand Theft 2°¢ degree $20,000 or more, under $100,000 (Count 21), Mortgage/Obtain by false representation (Count 23), Money Laundering/Unlawful proceeds/>20k<100k (Count 24), Mortgage/Obtain by false representation (Count 27), Money Laundering/Unlawful Proceeds/20k or more, under 100k (Count 28) in case number F03-017089C, 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. SIGNED this 14th day of May , 2012, KEN LAWSON, Secretary Department of Business and Professional Regulation Patrick James Cunningham By: Patrick James Cunningham Assistant General Counsel Florida Bar No. 0469221 Office of the General Counsel 1940 N. Monroe St. Tallahassee, Fl 32399 (850) 488-0062 - Telephone PCP Date: 5/14/2012 PCP MEMBERS: Chip Boring/John D. Ruffier 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 if 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 Department 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: 12-003950PL