w od f STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU with FLORIDA REAL ESTATE COMMISSION - FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, 0° / io © Petitioner, vs. FDBPR Case N° 98-84209 HENRY W. GEORGE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Reguiation. Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Henry W. George (hereinafter Respondent") and alleges: ESSENTIAL , ALLEGATIONS OF MATERIAL FACT 1. peli is a state government st licensing and 1 iegulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat.. 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 0501556'in accordance with Chapter 475,'Fla. ‘Srai. 3. The last license issued was as a broker-salesperson %Aaward ‘Associates. Inc., 4889 Tamiami Trail, Port Charlotte, Florida 33980-2055. ee we FDBPR vs Henry wW. George FDBPR Case N* 93-84209 Administrative Complaint 4. On or about October 16, 1998, Department of Business and Professional Regulation Investigator Marie E. Hayes, audited and inspected the real estate records of Buy George Realty, Inc. 5. The audit disclosed that the rental distribution account, bearing Barnett Bank #1622255431, had a trust liability of $8176.25, and a reconciled bank balance of $23,099.21, yielding an overage of $15,522.96. A copy of the Office Inspection and Escrow/Trust Account Audit Form is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit |. 6. Respondent, by his own admission, was maintaining eamed commissions in the escrow account. Copy of the letter from Respondent to DBPR is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 7. Rule 61J2-14.008(c), Fla. Admin. Code states: “No personal funds of any licensee shall led be deposited or inte ith any funds held in escrow, trust, or on condition except as provided in Rule 61J2-14.010(2), Fla. Admin. Code.” 8. Rule 61J2-14.012(3), Fla. Admin. Code, states in pertinent part: “Whenever the trust liability and the bank balances do not agree, the reconciliation shall contain a description or explanation forthe difference(s) and any corrective action taken in reference to shortages or overages of funds in the account(s).” ee qecerrs FDBPR vs Henry W. George FDBPR Case N° 33-82209 Administrative Complain: COUNT I Based upon the foregoing, Respondent is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Fla. Admin. Code r. 61J2- 14.008(1)(c) and, therefore. in violation of § 475.25(1)(e), Fla. Stat. COUNT II Based upon the foregoing, Respondent is guilty of failure to properiv prepare the required written monthly escrow statement-reconciliations in violation of Fla. Admin. Code R. 6132-14.012(2) and (3) and is, therefore, in violation of § 475.25(1)(e), Fla. Stat. COUNT III Based upon the foregoing, Respondent is guilty of failure to take corrective action, for approximately twenty-three months, on overages in the rental distribution account in violation of Fla. Admin. Code R. 61J2-14.912(3) and, therefore, in violation of § 475.25(1)(e), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be propriate. to issue a Final Order agency action finding the Respondent $s) guilty as s charged. The penalties which ‘may be imp se of Chapter 475. Fla. Stat., i» depending u upon the severity oft e offense(s), include: revocation n of the license or registration or permit; s suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition ofan ‘administrative FDBPR vs Henry W. George FDBPR Case N° $3-84209 Administrative Complaint fine of up to $1,000 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 permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license. registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to 0 $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 permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this 438 BB sos Lhe 4 , 2000. Professional Regiifation pn By: Herbert S. Fecker, Jr. Cre : soe oe Director, Division of Real Estate nye eens FDBPR vs Henry W. George FDBPR Case N° 98-84209 Administrative Compiaint ATTORNEY FOR PETITIONER Nancy P. Campiglia Florida Bar N° 0164259 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX NPC/k PCP: = LJ/MP 3/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, 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 proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; 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. Bl ct toy aah in 2 a 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) davs of receipt of this Administrative Complaint. the Petitioner will file with the Florida 5 ae gene ae FDBPR vs Henry W. Seorge Administrative Complaint FDBPR Case N? 323-84209 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. ' i t ; ~\\DOCUME: NT.VERQN OF THE CORRECTIVE ACTION TAKE! os ww a | z= FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM BROKER LICESNE # LICENSE # OF BROKERAGE PHONE NUMBER 2 OAS P§3b6 ‘S- QO STREET ADDRESS (erry COUNTY ap 5002 /} Cc ALL Kd. Des d tao iw BY¢BAaR t REMARKS : OFFICE (RULE 61J2-10.022 & .023) REQUIRED OFFICE SIGN (RULE 6142-10.024) (RULE 612100308 UST) One DISCLOSURE STATEMENT RECONCILIATIONS (RULE 61J2-14.012) SALES: TOTAL TRUST LIABILITY A700.— RECON. BANK BALANCE AGOO - ; (SHORT/OVER) AMOUNT 200 Pans few porte : SECURITY DEPOSIT: TOTAL TRUST LIABILITY 14, 502 RECON BANK BALANCE, 14,500 (SHORT/OVER) AMOUNT __ -O- RENTAL DISTRIBUTION: ‘TOTAL TRUST L!ABILITY S176: AS RECON BANK BALANCE REMARKS: OLA ad OA aS 5 42/ LICGQ OL) gy) od -| o-AL - 0 Ab bce Ube. ! ¥ f on,