STATE OF FLORIDA 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAL ON. Ai fetta FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, a a» 0 SX 7 vs. FDBPR Case N° 2002007070 GERARDO DARIO AMZEL, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (‘Petitioner’) files this Administrative Complaint against Gerardo Dario Amzel (“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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2, On or about September 17, 2001, Respondent filed an application for licensure as a real estate salesperson with Petitioner. Copy of application is attached and incorporated as Administrative Complaint Exhibit 1. 3. On or about May 8, 2002, at the ASI Assessment Center in Tallahassee, Florida, Respondent sat for the Florida Real Estate Salesperson Examination. FDBPR vy. Gerardo Amzel Case No. 20020007070 Administrative Complaint 4. Respondent was on notice that ASI, the administrator of the exam, prohibits applicants from possessing reference materials or personal items in the examination room. Copy of ASI Candidate Handbook portion concerning possession of personal items during the exam is attached and incorporated as Administrative Complaint Exhibit 2. 5. During the examination, Respondent entered the restroom three times. 6. After Respondent emerged from test room for the third time, a test proctor, Regina Fitzhugh (“Proctor”), approached Respondent and requested Respondent to empty his pockets. 7. Respondent emptied his pockets revealing several pages of handwritten notes containing information that was the subject matter of the exam. A copy of said material is attached and incorporated as Administrative Complaint Exhibit 3. COUNT I Based upon the foregoing, Respondent is guilty of engaging in conduct which subverts or attempts to subvert the examination process in violation of Rule 61-11.007(2) and (3)(b), Florida Administrative Code and Section 455.227(1)(b), 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, FDBPR v. Gerardo Amzel Case No. 20020007070 Administrative Complaint 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 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 »Q day of , 2003. 2 inn - ; EHLED arthent of Business and “oressional Regulates Professional Regulation ¢ Rea rstate By: Division © Director, Division of Real Estate FDBPR v. Gerardo Amzel Case No. 20020007070 Administrative Complaint ATTORNEY FOR PETITIONER CHRISTOPHER J. DECOSTA, ESQUIRE Florida Bar N° 0271410 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 802 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: 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. ; DO NOT WRITE OR PRINT Dan sd likey Sort) } IN : : SPACE BELOW eertiveD z z c a 7 ae *. res me SEP Li eno ES WII deas - - Gig et maak es ATE Hit Nar to be MMed in by applicant el QUAL. VERIFIED BS ED.CRS _ pon LOY 5 EQUIV. APPROVED “ SCHOOL# _ DENIED DIVISION Hurston North Tower, (482) een . APPLICATION FORA LICENSURE AS A REAL ESTATE SALES : REQUIRED FEE $144.00~, (fee includes first-4icers Sa : a : DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE , _—— INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and the noceassary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary, Legal Name: A M2tL. 6€ MAb . Personal Mailing S u ol Col AS ee: Address: (number! (street) : py! 2 ° A, ' REAM Va } 5 A mt f j A ee) ; Wing ace USA lg hind SIE 3. (a) Your Residence S & a9) / yl S Ay . Ht wi QA. Addrass: (numbar) “(etraat) / ~ . Asa. BGAtit V5.4 Flebios 53/5 city, county (atmte) ‘% {up coda mn “4 (b) Daytime Telephone No.: ( 205 ) & b g : Cll \ (Notlfy the Division of any permanent addrazs changs.) t 4, Date of dirth_o} a LoS 5.,Place of birth BU $705 Aihes ARbsyfi/A6. OFemale @ Male 7. Social Security No.: NI Fh _ ure of Saciel Security numbers it voluntary unleas avacilically ruauired by Fedoral statute. In this Instance, social pacurity Numbers = nN Undar tra Fadaral Privacy Act, discioa are mandatary ourauens to Title 42 Univad Stats Coda, Sections 653 and G54: and secnons 465.2039), 409.2577, end 409,2598, Florida Statutes. Social Sacurty numbers era used to allow sfficant screening af apolicams and licanses by a Title IV-0 child support agancy to ssaura campliance with child suport ebligetians. Secial Sacunty numbare mutt algo be recorded on all orotaasianal snd occupational hcanée apaiications ang will be used for licengsa Identificavian oursuent to the Persona! Responsibility and Work Opportunity Aacanetiistion Act of 1996 (Waltara Aatorm Act!, 104 Pub.l.193, Sec317 8. a Yes ONo Are youa high school graduate or the holder of an equivalency certificate? ATIVE COMPLAINT NO AY 3. QO yYss 11. O YES & No 12. Gyes no 1a. Dyes dno 14.0 ves no 18.0 ves & wo Have you ever been canvictad of a crima, found guilty, or entarad a plaa of guilty or mals contendere ino contest!, aven it adjudicatian wag withhald? This question applias to any viciation of the jaws of any municipality, county, state or nation, including traffic affansag (but not parking, speeding, inspecticn, of traffic signal violations), without ragard to whather you were placed Gn probation, had adjudication withhald, paroled, or pardaned. If you intend to answar “NO” because you believe those racords have been expunged or saalad by court | order pursuant to Saction 943,058, Florida Statutes, or applicable law of anothar stata, you ara rasponsible for varitying the expungement ar sealing Prior ta answering “NO*. If you answered “Yos,” attach the full details including dates and outcome, including any santenca and conditions imposed, on a separate shaat of paper. Your answer to this question will ba checkad against local, state and {ecaral records. Failure to answer this question accurately could causa denial of licansure. If you do not fully undarstand this question. consult with an attorney or the Division of Real Estate. {a) Has any judgement or decrae of a court been anterad against you in this or any other stata, province, district, tarritory, possession or nation, in which you were charged in the patition complaint, declaration, answer, counterclaim other pleading with any fraudulent ar dishonest dealing? {b) Is thera any case panding sgainst you in any court, including any appellate court, In which you are charged in any pleading with any fraudulent or dishonost dealing? (If your anawar to quastion 10(a) orlb} is “YES* attach a complete statamant of the charges and facts, togathar with the datas, name and location of the court in which the Procoodings were hald or pending.) {a) Have you praviously filad any application for licenaure in this stato ag a raal estate salasperson? If 30, stote when: {b} Have you failed any pravious examination for licansura 4s a real estate salasparson in this stata? If so, stata when: . a Hava you avar bean deniad, or is thara now ponding a proceeding to dany your application for a ficense, rogistration, or permit to practice any regulated profession, occupation or vocation, of have you withdrawn an application for such a ticensa, in this ar any other Stato provinces, district, tarritory, Possassion or nation, because of alleged fraudulent or dishonest dealing or violation of law? (a) Mas any license, registration or permit ta practice any regulated profaasion, occupation or vocation been revoked, annulled or suspanded in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any Proceéding now pending? (b) Have you ever rasigned, withdrawn from, or surrendered, any licensa, registration or parmit to practice any regulated profession, occupation of vocation while such charges were pending? {c] Has any broker's or salasperson’s licange hald by you been revoked, suspendad or otherwisa actad against by the raal estate licensing agency of any state, ferritory or country? (if your answer to quastions 32 or 13 (a) (bi & {c} Is tha affirmative -"Yes” - attach a complate statement giving the-name and address of the officar, board, commission, court. or governmental agency or department bafore whom the matter was, or is now, pending and give the nature of tha charges and state the facts.) Have you operated, attempted to operste, or held yoursalf out as being entitied to operate, A a real estate salesperson or broker, in this state, within one year prior to tha tiling of this application when you ware not, in fact, the holder of,e-valid, aurrant license-puthorizing you to do sc? \ EXHIBIT # Are you presently declared mentally Incompatent by wy, ourt? a C: 3 < ath oc (Hf your answer is "Yas", attach a statement giving t Pdetetes}—— vv. O YES q NO Have you usad, baan known as or called by anathar narne or alias other than the nama signed to tha application? [If ycur answer Is yas, stata Name or Names usad, the pedod c! tima and place whara used), on 417 q YES ONO in} Are you a lagal resident of Florida? Ibi If your answer to quastion 77 {al is "NO"; what stata are you a legal rasidan: of? In addition. please raad and sign the irravacable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE 1S APPLICABLE TO NON-RESIDENT APPLICANTS ONLY} | agree, by bacaring the holder of a Florida real astate license, ta submit to the jurisdiction af the Departmant of Business and Professional Raguation and the Division of Administrative Haarings, which agreement Is Irrevocable. | agrae. by becoming the holder of a Florida rani estate licanse, that the Director of the Division of Real Estate and his/har successors in office shall racaive sarvice of all legal process issued against me in any administrative aor civil action or proceeding in this state, and pracess so sarved shall be valid and binding. which sgraamant is irrevocable. I further agree to file with the Division of Real Estate the designatinn of the name and address of tha parson to whom process servad upon the Division Diractor is to be forwarded and to keep said designation current. as 18. if you have held a licanse and registration ns a real estate broker or salesperson in Florida of slsewhore, 90 state Signature As a salesperson in from - to AS a broker in from to Teme! — nel License Numbar: Name used AFFIDAVIT OF APPLICANT. 7, zR State of T= (ox: de County af "Seles ARSON The above named, and undersigned applicant for liconsure as a ros! estate under the provisions of Chapter 475, Flonda Statutes, as amended, upon being duly swam, dapases and says that {alhe is the parson so applying, that (sine has carefully road the application, angwers, and the attached statements, if any, and that all guch answers and stataments are true and correct, and are as complate as his/her knowledge, information and racords parmit, without any evasions or manta! reservations whatsoever; that (s}ho knows of na reason why this application should ba denied: and (s}he further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in rasponse to inquiries concerning his/her qualifications. The foregoing application was ocknowledged before me this ot La byt GEMARG AMEEL trRe br print meme of paplicant EXHIBIT =. XHIBIT eo L Notary Seal and Expiration, Rottine PAGE 3 ue 3 (Rubber Stamp} a ne one eeeenemmmee Fy exceen Secterrber 8. Digdoraries, boors, and ted in fay testing room, and < pany other adds such r photo- eHi not be allowed ive) contin uc Te SUIT, non Candidates are vot permitted to take personal belongings such as briefcases, large bays, study materials, extra books, or papers tie the examination coon. Vay such materials brought thio the examination room wil be collected and returned when the examinagon has been cor arpleted. AST Is not responsible fier fost or misplace rd tims . hating, dining, oF smoking dtriog the evamination is not permitted. itted to Under no circumstances will aay candidate be pe rest longes than the allotted SSMU GHOU Le. Candidates may leave the coon during an examinadon with permission from the proctor, bur will not be allowed any eat time for the examination. Any candicate discovered causing a disturbance of any kind or enagiag inany kind of misconduct—giving or receiving help; using notes, books, or other aids; taking part ian act of IMpersonaulany ¢ or removing examinanoen materials or notes from the examination room—will be summarily dis- missed from the examination and will be reported to the state licensing agency. Decisions regarding disciplinary mea- sures are the responsibility of the state licensing agency. No visitors, guests, pets or children are allowed at the ASI Assessment Center, ADMINISTRATIVE COMPLAINT. EXHIBIT + PAGE ! GF U EXHIBIT. Ch i conse lows and qurbifitoh dun re “oes yw Bese newt? LRALVOCABLE ComS€vT SERV LE AK. Cost -Lit, Cou Ree before expirdton ini tis!” Lepore apelin ind Fare Relic. Gamo ecPs LL me, tapi Sy 09t5.. Pogestoshion’ recordc with DRE: mome eons . —adroro, lie: fete. fo5t. Lictsing. Ealtca Thom. “before LE rabeny|an ml end veid Sh. pat Lian ud + (se), $0haLAp)anallndid dpi 7 Hee. Card rainy, ebsal rn tetany Cpe lic. poriael < Reat-fscwce Senvices: A BAR. Re Abii Pr ire oa Sell Arc, — a Leos. fy a “ Comptachs By tL a8 . a Ceungt pron Keonsuie Cua Pk son ars er Br, - ole 7 ban’ lh. 3: “Luoma low neh advsietrol nn cy FROCS antalla: at ne bent 2p 7 ~ agate ted oe, p eet pion M4 shh Cust . No arg Cony L tm. forays : Aantal to Face Prwa, awe tad theta Vin fre froth, = i pully wi Ae sADL iy faa ao late 5 dua phe: arlene iter pall he Wye DORR, eis wl fe wn rpg me wot mt ay : Lay Tay 2 eek ldap vf [oo ceca ee of Lah ae & = tual 34 a Saul: 30. No Rewewar > into luni Stiga We. — aC otatyg: Vol. hos applied te The Rt aod, pach fhe Suny so Awol: sot. BEN ota gf 7 i Lol Smo Uh We Rec T. Hoge exmigit___ 7 pace__(/O EXHIB: "7 ~ jt Le Lu S ms if Toi » wa Luegtedile | [Cangas - (oid: aaa ra et area (mative, wrogmuded rt cone BR, lic. Wop proved —1 SF Lic, contd MyLTPLe Lice: Bn. Choe come « SP v1 BR~ She Oe Apa ood hin. Ce eres Uairrwed : all. obs peal i |evcaptone ribuciaRy. 0 h Ne ir lina: Wat Th Hundt agonal “ Oudu bo heeinewtiar HALES Yury. in i” Licunees wre to yee rl ot Bunting Prop. unlegs. sein . A rausadt long, bre eon bey ‘on . : No beok f hab ~ hana atl ae | ae vals han pail, ~ ng 5, a taped Baad: “het PULL vise, = eal Lata, oweigeadiniry trod in RS, van a Opiyiewees - Sond wn Baakn, Lanitey ber., Cet igh ie. Castonek.. belly, Aecomtiing Kill, hath jbrwohing ones, cite Cue. pee Ara owt. Kea). Laer ie see we tay: bl pump EXHIBIT y reel 4} oo nis vat dean (ond) ~ Bak aan ete Mi 2 coma coolnnnl ap. factual ry, Fea : em mao owistol mond hi} i Keri wh pap ol Pept ne th doll “cfoai ie wd wilt lon hentia, a cs fei as da tebe os ss 7 i een ea Airs Dou pradetbuass’ Me. prot an, cee cole Wh kiigain Litum/dhishvengatt tole ne 2 Uypas op waka tie: Handy tet “Sol oapinadepn | pena © Papreesiies. cemeue! Cede mbaponsiole..Af Loat: Thome | “diva bn. Gla BE men tf pe OF: Toner Sle pail dspam _Limyen! urcHinp Led with Ge op Lh Clie nag pout] none Lp hand co Aer B1}B).. tah dith 26 Loh. UP no . ; On Leis meomoeypruryitn.t- Anon “tot vhs pethey ain, - se def aie hiabicity Pas eRs °c Anatitinn fag 4:5 Retail ol 14 t ‘Abiredpr, q. Dp lity, Sater eee ComPartel « lle tad Diu lai ae i ff Thedid 2 : . . : . i ne ne Avi MINIS TRATIVE a 7 C ‘ sei y i it eh Wed sox a L108) ra tt ba eiaPale) 23 2: sce RE. en 8. Eichinan Mme tet dul - Ledeen et my EP: Sangh Z. — — na EXHIBIT 4 PAGE 12 peepee Sass ADMINISTRATIVE COMPLAINT eee ce ar Sena... oe Vt. i f a in ravekad!, Legh bi. oe et Gabe Fed 3 XQ: I Seen meer (ene Sata an aid si — Cag ty Filla feg 6 pd Cal a gd polit Pa iad els one wie op. onthe: nies vl walt, PREC cual ei pom _- Gees 0 psi sagt ent unm hia, R ; wesw MY bo ve — = ergs Tentab at bape | EXHIBIT: #_ } 7 : | i : | PAGE re OF { | “Beocs ul: ly AL evra Hos: fhiniakSrberive (C20 cite che patos’ wespioe seen ie. 7 Ty Irie "0 a3: ihn eee ee 4 . EXHIBIT i oto Temas S H PAGE (3 se iwi Ib. aot, f the wherdheh bee ey : dike Ny eg eae bstesie ob m8 Sete ae tone i anette + ai - ee pee oe, ATT. Lely} MULLS sects Lend SURV fabs Hi. ine ys itp Hp van Le eaancathine dale tes De ALWIL We, i ae oy ake teen Ar . Surtees coin Posse o : Paxil. (4 Piety nd iron te 2. hanionad on Se 2 ge est. poe Lal we do ert mel ootety . “a te La M 7 ay: mie OO veve,.o7. If” ad nol. Sei Goa: 8 gh Perce tt il. ge ton ae cnn ul oe & COMPLAINT 3 Aun} | INISFRATIY BIT #4 a : : Dey i 7 . of ‘ i. of fe + — . - . ! i : ‘ ; “ Int ee 7 a . - . { a yok ' . : : ; ~ r too : . . ‘ - . “ y z - 7 fr “ > is - i ° ‘ ‘ } L bh. | | _£° EXHIBIT ‘PAGE _ aan ue pel Comet nis ME choke QUERSHIP \wrenval * pei i ar ole Geeta 0.8 le “dual ed uh hee os “th - hoe a ine panes he _ Vege ob 10h. “i pd i rain meget foe aa ball. wii (eens Ors. Hotta = Host the foe EXHIBIT Y cage 1S “ . Voed [ tre mtu). Sj. Jp woo “pple fen one on isin aie ATIVE COMPLAINT. no | ! ! : | , ADMINISTR pu . Mp. 4 g p /) 4°/ oe : a ae Aes ks di fe /, Yo for to pi f., y J { ‘J | mA i! . Lf ° i | Ui) vojea - eS> natn te ubirg Qh Whip «| Keg (ompall I 0hta «onl dn eC TAK [iti geced in f : inf o i aia CUE ye > vk 2 ke moe exnipe 4 PAGE ( I. 4 N lols a Londo, ro lgete Fe een er ae, se. feagtent alee eked fyi is ahaha a EXHIBIT. 4 PAGE ) Last MG Soa rad ‘SG ag watts, olote 4 slp op. page, Pic. oul Pn, got ot Oneur2ien tral 21Pualing 2g Huh, Go i nas oi Aone cae STRAt iVE COMPLAINT ; EXHIBIT i! pace | 1 6 a naa fee lan bend na Ltn oe eT tis 15 stp fel ee ER: sia ila ~ ae: - Hare SY, pt Nejad me ee 1, Vhs Neen Oven. oo 007... _. ... DIVA boon Aawioonl Paar fited Ousoai” 0b Lt sa0 =. 2 Ha lor tsa) , 2 GUS, al. $4 Doo. thee Is £22500. Vox: ae, ne ihgah oo! ao thon 4ihone, 000... th hfe 10m.2$/ ipl A. eneocual : . eae by Pra ovine ; on «od itt lulir ini tac el merino sd Sve“ \ ND lowe L nolo. Ip des ayuau . 3 aL et Bf dn exmisit___4 pace 20 Pa Some ee tapli h ofl se 2. mene DE ote ae i C 7 ).. WRAPAROUND Meee: sent eb ADDUSTABLESRATE toPtGAG 6 2. 72 4 ADMINISTRATIVE COMPLAINT AXHIBIT #4 PAGE exnisit___4 pace Al

Docket for Case No: 03-000887