STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS 2 gt ai ee DIVISION OF REAL ESTATE, O-ocKo~l 225 3 Petitioner, OF: S vs. aN a + FDBPR Case N° 99-82097 CURTIS L. TINKES, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Curtis Tinkes (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory 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 numbers 3001631 and 3005008 in accordance with Chapter 475, Fla. Stat. i 3. The fast license issued was as a broker c/o Homefinders of Orlando, Inc., 3730 Old Winter Garden Road, Orlando, Florida 32805 and c/o Apartments Available, Inc., 2354 B. Winterwoods Blvd., Winter Park, Florida 32792. seve wn pee qa e % FDBPR v. Curtis L. Tinkes Case No. 9982097 Administrative Complaint 4. On or about October 7, 1997, Respondent entered into a management agreement with Mark D. Robinson (“owner”) for property located at 2908 Sunbittern Ct., Windermere, Florida 34786. A copy of the agreement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. The agreement provides in part in Section Two: Duties of Agent, paragraph 9. Payment of owner: “After Agent deducts all authorized expenses and reserves relating to the operation and management of the Property from the funds collected for the account of Owner, Agent shall deposit the net amount of such funds to the account of Owner....” 6. David and Mary Ann Evans, the tenants during the times material to these allegations, were leased the property through Respondent. 7. It appears that on or about October 8, 1998, the tenants provided payment to Respondent for the September and October rent. Respondent deposited check #185 for $3,800, and check #186 for $3,800 from the tenants on or about October 8, 1998. After deducting the management fee and repair costs, the Respondent forwarded payment to the owner by check #6691 in the amount of $6,401.43, prior to the clearance of the rental funds. A copy of Respondent’s trust fund ledger is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 8. The tenants’ checks were returned for insufficient funds, and Respondent deposited broker funds tosbover the rental proceeds forwarded to the owner. 9. The tenants provided check #193 to Respondent in October of 1998 for $8,000, which was also returned for insufficient funds. 10. The tenants vacated the property without notice, and Respondent filed a Notice of FDBPR v. Curtis L. Tinkes Case No. 9982097 Administrative Complaint Claim on Security Deposit. 11. Respondent requested reimbursement from the owners for the rental proceeds paid by Respondent’s brokerage firm. The owners refused a refund, and made a demand on the security deposit. On or about January 6, 1999, Respondent deposited and retained the $3,800 security deposit to cover the rental proceeds forwarded to the owner. 12. Investigation revealed that on or about March 30, 1999, the tenants paid $4,200 in cash to Respondent to cover the insufficient funds. Respondent’s trust fund ledger indicates that this amount was retained by Respondent. COUNT I Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of § 475.25(1)(d)1, Fla. Stat. COUNT I Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat. COUNT II Based upon the foregoing, the Respondent is guilty of having made a claim upon a deposit in violation of Fla. Admin. Code r. 61J2-14.011 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 appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), FDBPR v. Curtis L. Tinkes Case No. 9982097 Administrative Complaint include: revocation of the license or 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 $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 $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. FDBPR v. Curtis L. Tinkes Case Nyy P Administrative Complaint CA ie SIGNED this 2 at day of Wwe , 2000. Pepartme, FIL E D At of pi. oF "Orassig SOE Na oF IR Divigi ” f Real po: Sulation “ &S8tata 1H ta aa Professional Regulation By: Herbert S. Fecker, Jr. ® ae . eck Bay Glu lop Director, Division of Real Estate ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 0068896 Senior Attorney, Real Estate 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 SM/k PCP: MV/S 6/00 NOTICE TO RESPONDENTS fs 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 FDBPR v. Curtis L. Tinkes 4 oe Ks ee I yy Case No. 9982097 Administrative Complaint M) 7 Complaint you may request, within the time aR EA Ve 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. 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. reas wut owe wise nener savers Pi Home Finpers of ORLANDO, Inc, Registered Asal Eotate Groker TELEPHONE MATUNG (407) 345-1026 P.O. Blox 696390. FAX: (407) 345-4716 Ortanda, Florida sabes MANAGEMENT AGREEMENT me f — day of OH, 19 a7. detween None brasdons Arainatior Called Ihe “Agent* ObiWS 04) fn consideration of ine mutual covenants set forth below, SECTION OM! EMPLOYMENT OF AGENT The Owner heraby employs the Agent 31h the Owner t ang Derelnalier calied the “Owner”. Owner end Agent 49re8 a4 fotlows: and exclusive agent and representative ta manage farine sccount af the Owner ine propertyot County of + Stata of Floxaa, s AQUNL SMan take all ceasonabdie ateps to collect and enlorce th. dve Owner (rom tenants of the above-described Properly In accordance with the terms of tnele lensncies, 2. Expenses ane marty From gross favanyes collected trom ine property Agent shalt; Y oll opereling expenses and such other expenses as may d. '¥ 10 any tenders designated by Owner ait suma th. ay become du: 4, Inepection ond repairs, Agent anall da everything feasonably necosss, Improvemssis. sileratlons, and repales as may be requiced by Owner, No Improvements, alterations, (8. ! shat be mage by Agent wihout ine prlor authorization of Owner ‘alterations, i Owner ta not readity svallable for consultation, Agent shalt (3S) copesti on eCCOUnL WIth Agent. io be used for amargency Agent shat have tne tuthorlly ang exetustve right io Negotiate losses and month-to-month Tenancies with ealitting ing ante on lerms approved by Owner, Agent shall advertise Ine Properly when vacantal ne expense of tne Owner, bul the Owner thak Rave the right to tnt sdveritsing expenditures et any tlmg, 4 collection of allrantals end other ehargetinddescses by Owner, and a loans aifecting Ine property, ty for the proper Manigement ofthe Property, and artanging flor tuch OF rapaly work costing more nan - 19 C838 of an emergency tnat teauiros bmmediote ich Ge eg Use Dis own dlaieretion (agarding sama, Gwner snen maintane tepales, wihorily to Aire, supervise, and lerminate on benail of Owner alt Independent contractors ang Property ly requived In the Operation of auch Property, but all Property einployees are amployses of Owner and net wnaere applicabia, Agentsnan Srepace lor Ownarpayrolitarceturns 4nd make payments of such tanesio *pproprlate agencies Jotlations that may arise irom time to ime, tence, Inarmuch as Apent is not suthorited to Preciicg law, where tegal assistance Is feaded for such ma Gollection of rentor eviction ol & lonant, such action aman bet InrOUgh an Eilarney. Cost offegsiexoans whalhortecover, Owner, Owner agrees to the selection of a allorney by Agant, uniess Owner otherwise dicects Agent in this Agreament, 4, Records. Agent snail maintain accurate records ol alt MOnles received and disbursed in connecilon wiih ta management ol the auch records shalt be open for Inapaction by Owner at all Feasonadie ima, Agent pratt also render to Owner & montnty stat fecalpls and disbursements, ae 4, Payment of owner, Aller Agani.deducts al! tuthorite the funds coltected far the secount of Owner, Agent shail Gecosit tne Aetamount of such funds to ine Owner, of make payments 18 Owner may olNerwise elect tn writing, 10, Holding of Funds, Agent hall deposit ADVANCE Hants and securlly deposits colteciad for Owner (leas any sums Properly deducted 43 provides by thls agreementtin a nonsintorest Dearing trust account separate from AQEA's parsonstor business a mot be Hable for toss due to bankrupley of or fallure of a Seposito: " OC EXDENSES End reserves fetating 10 the ope: On ANd MeAagament of the Propertyhon sccount of Owner in & bank derignaiea ty FALi i Li eCounl: provided howeverthit Agent ana ry. AQEUNt shall nave authority a2 to Ihe alabursal of ol Meutily deposits, SECTION THREE: RESPONSIBILITIES OF OWNER (On Reverse Side} ‘ NIP : “iy SECTION FOUR: TEAM OF AGREEMENT ANO. COMPENSATION OF AGENT a 1, Term, This speegment shat be fora teem commencing on _ . 927 and ending oy — Of Bie et 2 Nem commen 19 ind Iereaiter for ennual periods unless on or batore thlity (30) day) ce pelos to thi 1a lest abovementioned, of On oF Dafore iniry (30) days prior tothe expiration of any such renewal perlod, either party hereto tan Aouly the other In writing of an Intention lo terminate this egtegeentin which case thls egreement may be tacminated on tne inst maniioned a 1. Compyacation. Pa Aggnt fortis property management rarvices, (ah 63 lo 14 eth, Feat for the execution al a tease fora Detlod of twetve (12) manins or longer, to be Seauctad trom the firs month's Vece 4nd three percent (3%) af the Orpss rent lor the axecuiion of @ tease extension, plus ————_ ——- /b % Panola rm Of INE Grass monthly collections (rom the property whichaver Is grerier Harting the second month 6f eny le r (b) Sut (2) ‘In saaition jne above Compansation, Agent may collect trom lessees all or Megotlabletheck charge les and/or a (ale fee, and an appli SECTION FIVE: NOTICES For purposes of this contract, end yall cnangsd by wrilfen notice, tne any of tha lollowing fees which shall De retained by Agent:anone on fee, None of said sums collected nead bE ecounied lor to Owner, ing address of Owner ang AQENL shall for aN purposes bet ownen: Liga , O 6 Aye. A s Lk 3376 . AGENT: ra KO SECTION 31x: SITUS Tals sormement shail be construed and governed In accordance with tre taws ol the State of Flortaa. IN WITNESS WHEAEOF, the parila have executed thly agreement the day and year above writien, Ownen ~ BROKER t : i i i PAGE 2905 Suvbitfen Couyk INDIVIDUAL MANAGEMENT TRUST FUNDS LEDGER Ee. OOAESS OF PROPERTY MANAGEO . ’ mh SECURITY DEPOSIT ECAnS Q Kobi 4) E vdetleys nea) TENANTS NAME is in ace MONTHLY RENTAL TENANTS TELEPHONE city STATE ap TELEPHONE Sevcd All Pad Bills -Nowve fr% e f; (813) 9¥2-Z000- RECEIVED FROM | Receweo Tsuneo ARCOUNT NUMBER wel = ee eo MANAGEMENT FEE TRANSACTION DESCRIPTION LR /oe_| t Pee [X c c SIT. PAG [ BALANCE CARRIED FORWARD > f Form No. 242a rs PAGE NO SC r—erneeetienmmmemnarmarenms §— DELNE REA. ESTATE FOPAIS MCMLXXVII BOX 12528 SAN ANTONIO, TX 78212 INDIVIDUAL ANAGEMENT TRUST FUNDS LEDGER * ele PROPERTY prerass WS Deve Mew Nw) Eds TENANT'S NAME £99 -4/41 -O 903- O299- hy TENANTS TELEPHONE / DISBURSED CHECK CHECK INT TRANSACTION DESCRIPTION RECEIVED FROM OR PAID TO oe RECEIPT Sar eel 9% | cyak ete | wins fossa aes ipa Lith Casa | Ty ol Raroals Wate | book KLEE aoe We, ‘ders | Ment Fee | False abolia uk Hi ssea [hay Mebficady | ae —_—oO- | PAGE NO DEANE PEAL ESTATE FORMS MCMLXxVtl BOX 12528 SAN ANTONIO. TX 78212 —eem

Docket for Case No: 01-000050PL