4 y, <& % 0 iN,“ lynn Oy “Nishoy A STATE OF FLORIDA 4 6/7 Oo 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO Wy FLORIDA REAL ESTATE COMMISSION & FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 99-83037 WAYNE WAGIE, O1-OW'TAL Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Wayne Wagie (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 Wayne Wagie is and was at all times material hereto a licensed Florida real estate broker, issued license number 0334299 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker t/a Internet Realty Investments, 11900 N. Bayshore Drive #5, Miami, Florida 33181. FDBPR vs Wayne Wagie FDBPR Case N° 99-83037 Administrative Complaint 4, Respondent Wagie was the qualifying broker for Respondent Express Realty and Investment, Inc. 5. On or about July 15, 1999, Respondent issued two checks from its escrow account to Fidelity Title Company (AKA Fidelity National Title Insurance) in the amount of $6,940.00 and $12,229.08 to effectuate the closing of a certain property commonly known as 6360 S.W. 23 Street, Miramar, Florida, 33023. 6. The bank upon which the checks were drawn returned the checks unpaid for insufficient funds. Copies of the checks are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 7. Respondents failed to deliver checks with sufficient funds to the title company until July 22, 1999, eight days after the funds were due and payable at closing. A copy of the checks is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 8. On or about August 11, 1999, the Petitioner’s investigator, John Esposito, performed an audit/inspection of Respondents’ brokerage which revealed an overage of $7,225.52 in Respondents’ escrow account. A copy of the audit/inspection is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 9. On or about August 11, 1999, Respondents failed to produce records relating to the instant transaction as per Petitioner’s investigator’s request. To date, Respondents have failed to FDBPR vs Wayne Wagie FDBPR Case N° 99-83037 Administrative Complaint provide the records Petitioner requested for inspection. 11. On or about September 7, 1999, Respondent Wagie, during the course of an official investigation, admitted to Investigator Esposito that he had knowledge that Novellette Hanse, the registered agent for the corporation, Express Realty and Investment, Inc., was performing the services of real estate on behalf of Respondent without being the holder of a valid, active, current real estate license. COUNT I Based upon the foregoing, Respondent Wagie issued checks from the escrow account without having sufficient money in the account to fund the checks and is guilty of culpable negligence, breach of trust, misrepresentation and concealment in violation of § 475.25(1)(b), Fila, Stat. COUNT II Based upon the foregoing, Respondent Wagie failed to properly reconcile escrow accounts in violation of § 475.25(1)(k), Fla. Stat. and R. 61J-2-14.012, Fla. Admin. Code, and, therefore, 475.25(1)(e), Fla. Stat. COUNT III Based upon the foregoing, Respondent Wagie employed and continued in employment a person he knew not to be the holder of a valid and current, active real estate license, in violation of § 475.42(1)(c), Fla. Stat. FDBPR vs Wayne Wagie FDBPR Case N° 99-83037 Administrative Complaint COUNT IV Based upon the foregoing, Respondent Wagie failed to properly reconcile escrow accounts in violation of § 475.25(1)(k), Fla. Stat. and R. 61J-2-14.012, Fla. Admin. Code, and, therefore, 475.25(1)(e), Fla. Stat. - COUNT V Based upon the foregoing, Respondent Wagie failed to maintain business records, in violation of § 475.5015, 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), 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) FDBPR vs Wayne Wagie FDBPR Case N° 99-83037 Administrative Complaint 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. SIGNED this Qlo day of_Qct- partment of Business and Professional Regulation By: Daniel Villazon, Acting Director Division of Real Estate ATTORNEY FOR PETITIONER Nancy P. Campiglia Se Florida Bar N° 0164259 eate Tomrmeenrnmta es ake 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 My bir A GY So, 7 7, FDBPR vs Wayne Wagie FDBPR Case N° 99-83 0396 Mp 3 Administrative Complaint CS ae 4, O% NPC/k PCP: ATR/HF 10/00 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. 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.

Docket for Case No: 01-000447PL