STATE OF FLORIDA BO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION oa FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200182158 op yy 200182159 MARLENE MONTENEGRO TOIRAC AND 4-224 HOME CENTER INTERNAITONAL CORP., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Marlene Montenegro Toirac and Home Center International Corp., (“Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT I. 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 Marlene Montenegro Toirac is and was at all times material hereto a licensed Florida real estate broker, issued license number 464167 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker with Home Center International Corp., 16921 NW 57 Avenue, Miami, Florida 33055. FDBPR vs Marlene Montenegro Toirac FDBPR Case N° 200182158 Administrative Complaint 3. Respondent Home Center International Corp. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1010701 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 16921 NW 57 Avenue, Miami, Florida 33055. 4, At all times material hereto, Respondent Marlene Montenegro Toirac was licensed and operating as qualifying broker and officer of Respondent Home Center International Corp. 5. On or about June 5, 2001, Complainant obtained a final judgement against Respondent Montenegro in the amount of $4,578.60 in the county court in and for Dade County, Florida. (Exhibit 1 page 7 ) 6. At all times material hereto, Respondent Montenegro failed to satisfy the final judgment. 7. On or about January 24, 2002 an audit/inspection was completed at Home Center International Corp. which revealed a shortage in the amount of $7,280.95 in the brokerage’s escrow account. COUNT I Based upon the foregoing, Respondent Marlene Montenegro Toirac is guilty of failure to account or deliver funds including a share of a real estate commission in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT II Based upon the foregoing, Respondent Marlene Montenegro Toirac is guilty of failure to FDBPR vs Marlene Montenegro Toirac FDBPR Case N° 200182158 Administrative Complaint account or deliver funds upon demand of the person entitled to the funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT II Based upon the foregoing, Respondent Marlene Montenegro Toirac 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 Section 475.25(1)(k), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Home Center International Corp. is guilty of failure to account or deliver funds upon demand of the person entitled to the funds in violation of Section 475.25(1)(d)1., Florida Statutes, COUNT V Based upon the foregoing, Respondent Home Center Intemational Corp. 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 Section 475.25(1)(k), 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 FDBPR vs Marlene Montenegro Toirac FDBPR Case N° 200182158 Administrative Complaint 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 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. FDBPR vs Marlene Montenegro Toirac Administrative Complaint FDBPR Case N° 200182158 Pisa) SIGNED this # day of Lu era , 2003. “LED 17 PILE Denescmunt of Professional Regulatien / Bevigion of Real Estate ke SL Ccmferd 3 5f27[03 Dat wt Lee La» gh. Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER James P. Harwood, Senior Attorney Florida Bar N° 0425941 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 JPH/k PCP: NH/HF 5/03 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120. 573, 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, Florida Statutes; that you have the 5 FDBPR vs Marlene Montenegro Toirac FDBPR Case N° 200182158 Administrative Complaint 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: 04-002293