STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION |, FLORIDA REAL ESTATE COMMISSION Te FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001532234 FERNANDO S. FERNANDEZ, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Femando S. F ernandez 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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. i 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 345097 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at Latin Realty Properties Corporation, 9010 SW 137" Avenue #106, Miami, Florida 33186. 3. On July 6, 2001, Respondent facilitated a sales and purchase contract between Tony FDBPR v. Fernando S. Fernandez Case No. 2001532234 Administrative Complaint Haderos and Eduardo Arias (“Sellers”) and Marlene C. Pefia (“Buyer”) concerning property commonly known as 10440 SW 127" Avenue, Miami, Florida. A copy of the contract for sale and purchase is attached and incorporated as Administrative Complaint Exhibit 1. 4. According to contract, Buyer was required to make a two thousand dollar deposit (Deposit) to be held by C & C Title Agency Services (“Title Agency’). 5. On or about July 6, 2001, Buyer delivered Deposit to Respondent’s attorney, Margarita Bouzer (Attorney). A copy of the checks is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. On or about July 12, 2001, Buyer gave Respondent the additional deposit of $6,300.00 (“Additional Deposit”). A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 7. Respondent placed Additional Deposit into his personal bank account. 8. After receiving a statement of credit denial from her lender, Buyer made a demand for return of her deposit moneys on or about September 4, 2001. 9. On or about September 5, 2001, Respondent’s attorney refunded Deposit'to Buyer. * 10. At all times material, Respondent did not refund Additional Deposit to Buyer. 11. On or about December 10, 2001, Department Investigator John Esposito requested an accounting of the Additional Deposit. 12. Respondent told Petitioner’s investigator that he released $3,000.00 to special agents FDBPR v. Fernando S. Fernandez Case No. 2001532234 Administrative Complaint from the United States Department of Health and Human Services pursuant to a criminal investigation. 13. Respondent failed to provide any documentation or accounting as to the balance of $3,300.00 Additional Deposit. COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010, Florida Administrative Code and, therefore, in violation of Section 475.25(l)(e), Florida Statutes. COUNT II 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 properly authorized to disburse in violation of Section 475.25(1)(k), Florida Statutes. COUNT III Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. a coe COUNT IV Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. FDBPR v. Fernando S. Fernandez Case No, 2001532234 Administrative Complaint COUNT V Based upon the foregoing, Respondent is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 61J2-14.012(1), Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. 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 of the Florida Statutes, 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 Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 FDBPR v. Fernando S. Fernandez Administrative Complaint Case No. 2001532234 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001, SIGNED this, RQ day of 2 fon be a! OY Frofessional Dress) ot. So PHCSSONaL Reguetiqn 000 Of Real Estate CD/k PCP: MV/HF 8/02 , 2002. ent of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER CHRISTOPHER J. DE COSTA Florida Bar N° 0271410 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 FDBPR v. Femando S. Fernandez Case No. 2001532234 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 of the Florida Statutes; 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. Pieper a arnt en ee va . 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Teiiens vi a d0Kar artauat or Pavcantage} Oxnar, Anianca wo Tava |nai indleding Buyers casing Coals preva Taine €Ad praradoney Ki hands pod Wi coairy, ual be DAK by locally drawn canes) Check of offical bank check, or wife Munda 2. FINANCING: Crack 08 appticabla) Cy fa) Buyer will pay Caen for ine Property wit ne Pnenaing contingency Convaer is continent on Ruryar qualifying Jor und obtelning {5} ener (2) below (the "Financing’) by Uf aR blank tren'Ciouing Date gr within 30 deya fmm Efacuve Date wniznevar occur yy 3 (1) A commutment tor new cunvantanel gy“ FHA CG VAT] finending for § or 80.4 of to purchave Fiea (plus any appicanle PMI, MIP, VA Ninaing tea) 04 The prevating inbereat 1 foun conte (WFLA or VA, oe tached acdenqum) / Soller/Landforg makos the follovaing disclosurd to licensee (1){ 9ad- based paint and lead-based paint hazards im the housing: [chack ane} 7 (8) Sellar/Lanatord has 110 knawioage oF LAP/LBPH in Ine nousing + {b) SellerdL.andlora knows of the tollowing LBP/LBPH in tho housing (deacribe all known Addibonal internation) (2) Availabla Records ond Reports: (cneck one) 21 (a) Sellor/ anctord has no records oF reports regarding LBP/LBPH in the housing, (0) Salller/Lasnitord nag avavable the following documents regarding LBP/LGPH in the housing. ent ia 4 Ye Necloy oh tA Miele Dele of, Swttar/Lanaiocg Jar/Lanctore Date LOPL- 1 4798 © 1996 Florida Associanon of Reatoas™ AW) Rights Rosarved (FOR IMPROVED REAL wa TATE LOCATED IN UNINCORPORATEL . [AMI BADE COUNTY 5 Unincorporate.s Musmi - Dade Cour Mann - Pade County) (Rider") shall a Purchase by and besween Pony Meas 3 4 (fer improved real evtate located in unie-corporated tbe m part “ie certain Contract fe a a ele OL _- Guyer sietiem! Meat HE! to which this rider is attached I FLOOD ZONE: Section 11C-17 of the Code of Metropotiian Miami - Dade County requires Seller to inctude the follawing disclosure in the Contract if the Property is improved and «fit is located in unincarporated Metropolitan Miami - Dade County To make the disclosure, Seller must Know the Flood Zone in which the Property is located Seller may obtain the applicable Flood Zone designation by filling out and faxing a "Metra Dede County Flood Zone Information Fax Request” to the Deparment of Environmental Resources Management (DERM) at 305.372.6073 [Phone 305-375-2225] * Flood Zane designation of the Property is Zone fe with a Base Food Elevation (BE fof feet Sellee discloses and Buyer acknowledges. (Pleuse check the following as applicable) { J A. THIS HOME OR STRUCTURE IS LOCATED IN A COASTAL HIGH HAZARD AREA ZONESVAVE), IF THIS HOME OR STRUCTURE IS WELOW TIE APPLICABLE FLOOD ELEVATION CEVEL AND IS SUBSTANTLALLY DAMAGED OR SUBSTANTIALLY IMPROVED, AS DEFINED IN CHAPTER 11C OF THE METROPOLITAN MAMI - DADE COUNTY CODE, tT MAY, AMONG OTHER THINGS, BE REQUIRED TO HE RAISED TO THE APPLICABLE FLOOD ELEVATION LEVEL, FEDERAL LAW REQUIRES THAT A FLOOD INSURANCE POLICY BE OBTAINED. AS A CONDITION OF A FEDERALLY-SUBSIDIZED MORTGAGE OR LOAN THAT [5S SECURED WY THE BUILDING. FLOOD INSURANCE IS AVAILAHLE IN MIAMU- DADE COUNTY, FLORIDA Nyy UB. THIS UOME OR STRUCTURE [5 LOCATED IN A SPECIAL FLOOD HAZARD AREA (ZONES A, AR, AN, AO, A?o), [¥ THIS UOME OR STRUCTURE [S BELOW THE APPLICABLE FLOOD ELEVATION LEVEL AND [$ SUBSTANTIALLY DAMAGED OR SUNSTANTIALLY IMPROVED, AS DEFINED IN CHAPTER 11C OF THE METROPOLITAN MIAMI - DADE COUNTY CODE, IT MAY, AMONG OTHER THINGS, BE REQUIRED 10 BE RAISED TO THE APPLICABLE FLOOD EY EVATION LEVEL, FEDERAL. LAW REQUIRES THAT A FLOOD SURANCE POLICY HE OBTAINED 4S A CONDITION OF A PEDERALLY-SUNSIDIZED MORTGA! GE OR LOAN THAT IS SECURED BY THE BUILDING. FLOOD INSURANCE tS AVAILABLE IN MIAMI - DADE COUNTY, FLORIDA, { |] C. T1US HOME OR STRUCTURE IS LOCATED IN AN AREA {ZONES X,_D) WHICH IS OUTSIDE OF 4 COASTAL HIGH HAZARD AREA AND SPECIAL FLOOD HAZ, MD AREA. ZONES X AND D AREA AREAS OF MODERATE OR MINIMAL HAZARD FROM THE PRINCIPAL OURCEJOF FLOODING, HOW » FAILURE OF THE LOCAL DRAINAGE SYSTEM CAN CREATE AREAS C WITH 4 THIS FLOOD ZONE. FLOOD INSURANCE IS AVALLABLE AT. A LOWER RATE, y) pate OF. 12-1 buyer AL Wn _ Print name emmy ae Date Buyer Print name a pace 2 helo setter ~ SOM Print name Date CYL. de setter EZ Print name é MPLAINT Ui net Oy H2bBETTO9S COMPLAINT E / TH i PAGE EXHIBIT eat Ta/0 76T ge 6640L9¢C08 Y¥Y VZIOG#O0L0$ roe So an PT OS PMY 20 J "Be Re irises pin EXHIBIT eo ce $C, soo S. ru ty oO PAGE ___+ = ——

Docket for Case No: 02-003910PL

Issue Date	Proceedings
Jan. 09, 2003	Order Closing File issued. CASE CLOSED.
Jan. 09, 2003	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Nov. 25, 2002	Notice of Service of Respondent`s Response to Petitioner`s Request for Admissions and Interrogatories filed.
Nov. 12, 2002	Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for January 21, 2003; 1:00 p.m.; Miami and Tallahassee, FL).
Nov. 07, 2002	Petitioner`s Notice of Service of Petitioner`s First Request for Production to Respondent Fernando S. Fernandez (filed via facsimile).
Nov. 06, 2002	Motion to Continue and Re-schedule Formal Hearing (filed by Petitioner via facsimile).
Nov. 01, 2002	Order of Pre-hearing Instructions issued.
Nov. 01, 2002	Notice of Hearing issued (hearing set for December 5, 2002; 1:00 p.m.; Miami, FL).
Oct. 28, 2002	Unilateral Response to Initial Order filed by Respondent.
Oct. 21, 2002	Order Granting Motion for Extension of Time issued. (responses to the initial order shall be filed on or before October 25, 2002)
Oct. 17, 2002	Petitioner`s Notice of Service of Petitioner`s First Request for Admissions and Interrogatories to Respondent (filed via facsimile).
Oct. 17, 2002	Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Oct. 17, 2002	Motion for Extension of Time Within Which to Respond to Initial Order (filed by Respondent via facsimile).
Oct. 17, 2002	Notice of Appearance (filed by F. Hernandez via facsimile).
Oct. 09, 2002	Initial Order issued.
Oct. 07, 2002	Agency referral filed.
Oct. 07, 2002	Administrative Complaint filed.
Oct. 07, 2002	Election of Rights filed.