FILED Department of Business and Professional Reguiation Deputy Agency Clerk STATE OF FLORIDA CLERK — Evelte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 3/25/2016 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-038473 WALNER G. GACHETTE, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against WALNER G. GACHETTE, (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, Respondent was licensed as a Real Estate Broker, in the state of Florida, having been issued license number BK 3152573. 3. Respondent’s address of record is 4250 Alafaya Trail, STE 212-348, Oviedo, FL 32765. 4. On or about July 14, 2015, Respondent was convicted of two counts of “Filing False Tax Returns” in the U.S. District Court, Middle District of Florida, in case number 6:15-CR-62-ORL- 31TBS. 5. Petitioner received Respondent’s “Criminal Self-Reporting Document” reporting the above convictions on or about August 31, 2015. 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. fle A licensee is in violation of Section 475.25(1)(f), Florida Statutes, 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. 8. Respondent violated Section 475.25(1)(£), Florida Statutes, by being convicted of two counts of “Filing False Tax Returns,” in the U.S. District Court, Middle District of Florida, in case number 6:15-CR-62-ORL-31 TBS. COUNT TWO 9. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through five (5) as if fully set forth herein. 10. A licensee is in violation of Section 475.25(1)(a), Florida Statues, if the licensee: Has violated any provision of Section 455.227(1) or Section 475.42. 11. A licensee is in violation of Section 455.227(1)(t), Florida Statues, if the licensee: Has failed to report in writing to the board, or if there is no board, to the department within 30 days after the licensee was convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. 12. Respondent violated Section 475.25(1)(a), Florida Statues, through a violation of Section 455.227(1)(t), Florida Statues. Respondent violated Section 455.227(1)(t), Florida Statues, by failing to submit a written report to the Department within 30 days of being convicted of two counts of “Filing False Tax Returns,” in the U.S. District Court, Middle District of Florida (Orlando), in case number 6:15-CR-62-ORL-31TBS. WHEREFORE, Petitioner respectfully requests that 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 __18"__ day of __March__, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ biz Ltemhane Alicia Bhambhani Assistant General Counsel Florida Bar No.: 119723 Department of Business and Professional Regulation Florida Real Estate Commission Office of the General Counsel 1940 N. Monroe Street, Ste. 25A Tallahassee, FL, 32399 (850) 717-1242 - Telephone Alicia. Bhambhani@myfloridalicense.com PCP Date: _March 14, 2016 PCP MEMBERS: _Boring & McCoig 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: 16-004999PL