Up dee] STATE OF FLORIDA “ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: FLORIDA REAL ESTATE COMMISSION ° FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001501038 GEORGE JUAN BARAQUE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (‘Petitioner’) files this Administrative Complaint against George Juan Baraque (“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. Respondent is and was at all times material hereto a licensed F lorida real estate broker, issued license number 481226 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at 2190 NW 7" Street, Miami, Florida 33125, 4. On or about May 4, 2000, In the Criminal Court of Hamilton County, Tennessee, FDBPR v. George Juan Baraque Case No. 2001501038 Administrative Complaint Respondent pled guilty to False or Fraudulent Insurance Claim, a Class C Felony in the State of Tennessee. A copy of the judgment and sentence is attached and incorporated as Administrative Complaint Exhibit 1. 5. At all times material, Respondent has failed to notify Petitioner of the above-referenced guilty plea. 6. On or about June 14, 2001, The Florida Supreme Court suspended Respondent’s license to practice law for two years. A copy of the final order is attached and incorporated as Administrative Complaint Exhibit 2 COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to the activities of a licensed real estate salesperson or involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25(1)(, Florida Statutes, COUNT II Based upon the foregoing, Respondent is guilty of not having informed the Florida Real Estate Commission in writing within thirty (30) days of having pled guilty or having been convicted of a felony and therefore is in violation of Section 475.25(1)(p), Florida Statutes. COUNT III Based upon the foregoing, Respondent is guilty of having had a registration suspended, FDBPR v. George Juan Baraque Case No. 2001501038 Administrative Complaint revoked, or otherwise acted against in any jurisdiction in violation of Section 475.25(1)(s), 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 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 (1 0) 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 includin 'g, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; FDBPR v. George Juan Baraque Administrative Complaint Case No. 2001501038 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this 1? day of D bt , 2003. CD/k PCP: GS/ATR 6/03 AD Se Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER CHRISTOPHER J. DECOSTA Senior Attomey Florida Bar N° 00271410 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 FDBPR v. George Juan Baraque Case No. 2001501038 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. TN THE CRIMINAL COURT OF HAMILTON cCouNTY, TENNESSEE CASE NUMBER: 232520 COUNT NUMBER: 1 ATTORNEY FoR THE staTE: sy. A. FEN ANS EY SODICIAL DISTRICT: ELEVEN JUDICIAL DIVISION: 2 COUNSEL FOR DEFENDANT: CLEMENTS, HOWELL {_) RWTAINED (__) APPOINTED {__} PUBLIC DEFENDER STATE OP TRNNESSRE vs. DRFENDANT: BARRAQUE, GEORGE J ALIAS: DATE OP BIRTH: 04/09/57 SRX: M RACE: H SSN: 267210455 FROM INDICTMENT # WARRANT § DOC #. DOCUMENT CONTROL # : eereerres , *JUDGHENTS ; COMES THE PISTRICT A’ YY GENERAL FoR ne STATE AND THE DEPENDANT WITH COUNSEL OF RECORD FOR BNTRY OF JUDGMENT, to . ou tue Jf ane or PEE) . OD, Tue verenpanr; 1 Sf peao aurerr (_) DISMISSED/NOLLE PROSEQUI [| twprcmewt, cuass (cinch ons): 187 Ae () De T . fl ‘ 14 | : | (_} WoLo cowrmwpRE (__) RRMAND/TRANSFER 70 OTHER courr [| | OM recom {__) MISDEMEANOR PILING DATE: ft 1 ‘ ( td ‘ | a J (_) RBTIRED/UNAPPREHENDRD DEPENDENT | | oPFsNsR: FALSR OR FRAUDULENT INSURANCE CLAIM: | ' 1] ! | 18 Pou: {| Amenpgp ckarce; ! a ! 14 ; | 1 {_) cutury 4{_) Nor GUILTY 1 | OPPsNsE paTE: __¢ 1996 COUNTY: HAMILTON | t {| | | (_) gury verprcr (__) Nor GUILTY BY REASON {| Convrerion opranss: | ! 1) | { (_) BRMCH TRAIL OF INSANITY tf TOA #: 39240239 SRNTENCE IMPOSED-DATE Sy 100} i | | t { 1} CONVICTION CLASS (CIRCLE,ONE) 19T A B © Dor | L . | ! | t | lie FELONY {__) MISDEMEANOR ] j | i] { (_) SwrRxcB RePoRM ACT 1989 t ) PRE 1982 SENTENCE: | CONCURRENT WITH: ! | {__} MITIGATED 20% {__) MITIGATED 30% | |__}) 18T DEGREE MURDER 1 { STANDARD 30% RANGH 1 = (__) MULTIPLE 35% RANGE 2 | {__) SENTENCE REFORM ACT OF 1902 { { | (_) PResrsrewr 45% RANGE 3 (_) CAREBR 604 | {_) 308 manor 1 | . | () vrougwr 100% (_) MULTIPLE RAPIST | (_) 35% Rance 2 { . | (_) 187 pecreg wurpeR (_) CHILD RAPIST { (_) 40% RANGE 2 1 { | (_) RRPRAT VIOLENT OFFENDER (__} SCHOOL ZONE | (_) 1sr veorse murpER | i I | ' | t } | SenTENCED To: SENTENCE LENGTH: ( { ! | Q€) To0c B_veass __wowris __oavs ——bIFR ___LIFE WITHOUT PAROLE DEATH ( MANDATORY MINUMUM SENTENCE (APPLICABLE TO T.C.A. 39-17-417 IN SGHOOL ZONE) { (_) Couwry gary (_) worKHousz _ years __MowTHS PAYS ___HOURS ___WEBK-ENDS ___ PERIODIC: ( ) . tf MANDATORY HINUMUM SENTENCE (APPLICABLE TO T.C.A. 39-27-417, 39-13-5139) AND 39-13-14 ! | IN SCHOOL ZONB) [ PERIOD OP INCARCERATION 10 BE SERVED PRIOR TO RELEASE ON PROBATION > 1 ——-MONTHS ___DAYS ___HOURS (MISDEMEANOR ONLY) . { A MINIMUM SERVICE PRIOR TO ELIGIBILITY FOR WORK RELEASR, POURLOUGH, TRUSTY STATUS AND] * 1 REHABILITATIVE PROGRAMS (MISDEMEANOR ONLY) t | QS) proparron = (_)_ brvarszon YEARS ___MONTHS ___pAYS BPPECTIVE:_4 = 4 “22. ] . | (_} COMMUNITY BASED ALTERNATIVE YRARS MONTHS DAYS HOURS WEEK-ENDS | " | SPRCIFY: i} PARTRIAL JAIL CREDIT PERIOD: FROM /__/ TO _ /_/ FROM /_/__ TO _/_/. OR NUMBER OF DAYS —“—— i$ STATE TAX §. DUI FER | ij t TAX ¢ JAIL FEES | RESTITUTION; _ | 1 ¢, IBRARY TAX § VICTIM FER | VICTIM NAME ue 1 'T COST §¢ SURCHARGE {| ADDRESS - | Fimgs $. INTOX. FEB [ 1 ¢ CLK INS FRB ¢ REV. cost | . i] SENG cre ras $ D.A. FRE [| TOTAL AMOUNT § $. | __ INDIGENT crEDIT on costa | (_) unparp communITY SERVICE; 7 . Hi & APPT.FBR Of HOURS DAYS WERKS > om DEFENDANT HAVING BEEN FOUND GUILTY IS RENDERED INFAMOUS. SPECIAL CONDITION: Gaye “Ld Ahn S49 YF g‘S SIGNATURE (DATE SIGNED) DATE OF ENTRY OF JUDGMENT 1 DEFENDANT'S ATTORNEY/SIGNATURE (OPTIONAL) ExHiRiT S-| mine oh Supreme Court of Florida THURSDAY, JUNE 14, 2001 CASE NO.: SC00-2218 Lower Tribunal No.: 2001-70,419(11G) THE FLORIDA BAR vs. GEORGE JUAN BARAQUE - Complainant(s) Respondent(s) The uncontested report of the referee is approved and respondent is suspended from the practice of law for two years, effective, nunc pro tunc, May 19, 2001, Judgment is entered for The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida 32399, for recovery of costs from George Juan Baraque in the amount of $1,015.20, for which sum let execution issue. Not final until time expires to file motion for rehearing and, if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension. A True Copy Test: (ae D. Hall Clerk, Supreme Court bhp Served: HON. JUDITH L. KREEGER, JUDGE DAVID BILL ROTHMAN VIVIAN MARIA REYES fae Sga GEORGE JUAN BARAQUE suit, JOHN ANTHONY BOGGS Aten CONS THOMAS D. H, wn AEE COMPLAINT By vai ps fi “) oo OST aes EXHIBIT pace

Docket for Case No: 03-004207PL