Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MORGAN APONTE AND EXECUTIVE RESIDENTIAL CONSULTANTS
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 09, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 23, 2004.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA DWVvisin. 3
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA RORY) rp &
FLORIDA REAL ESTATE COMMISSION HEAR IN i ive
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION, ak
DIVISION OF REAL ESTATE, QY-L3l
Petitioner,
vs. FDBPR Case N° 200082831
200082832
MORGAN APONTE AND
EXECUTIVE RESIDENTIAL CONSULTANTS,
Respondents.
/
ees
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real
Estate (“Petitioner”) files this Administrative Complaint against Morgan Aponte and Executive
Residential Consultants (“Respondents”) 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 Morgan Aponte is and was at all times material hereto a licensed Florida real
estate broker, issued license nurnber 0576436 in accordance with Chapter 475 of the Florida Statutes.
The last license issued was as an active broker-salesperson at Miami Dade Realty, Inc., 6285 SW
40 Street, Miami, Florida 33155.
FDBPR vs Morgan Aponte FDBPR Case N*® 200082831
Administrative Complaint
3. Respondent Executive Residential Consultants, Inc. is and was at all times material hereto
a corporation registered as a Florida real estate broker having been issued license number 1011051 in
accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 6440
SW 117 Avenue, Miami, Florida 33183.
4. Atall times material hereto, Respondent Morgan Aponte was licensed and operating as
qualifying broker and officer of Respondent Executive Residential Consultants, Inc.
5. At all times material hereto, Respondent Aponte was broker of record for Respondent
Executive Residential.
6. On or about July 10, 17, and 18, 2000 Petitioner’s investigator conducted an audit of
Respondents’ business records.
7. The audit revealed that Respondents had an overage of approximately $10,920 in
Respondents’ escrow account. A copy of the audit form is attached hereto and incorporated herein
as Administrative Complaint Exhibit 1.
8. The audit revealed Respondents failed to properly prepare and sign monthly reconciliation
statements.
9. After the audit, Respondents explained that the trust liability Respondents provided
Petitioner’s during the audit was incorrect because Respondents failed to account to the investigator
for fourteen offers. A copy of Respondents’ letter is attached hereto and incorporated herein as
Administrative Complaint Exhibit 2.
FDBPR vs Morgan Aponte FDBPR Case N° 200082831
Administrative Complaint
10. Respondents explained the trust liability was also incorrect because Respondents
included in the trust liability as of June 2000 ten closed transactions. A list of the transactions is
attached hereto and incorporated herein as Administrative Complaint Exhibit 3.
11. After Respondents disclosed all the information necessary to calculate trust liability,
Petitioner’s investigator determined that the escrow account had a shortage of $40.
COUNT I
Based upon the foregoing, Respondent Morgan Aponte is guilty of failure to account or deliver
funds in violation of Section 475.25(1)(d)1., Florida Statutes.
COUNT II
Based upon the foregoing, Respondent Morgan Aponte 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 Ii
Based upon the foregoing, Respondent Morgan Aponte is guilty of failure to properly prepare
the required written monthly escrow statement-reconciliations in violation of Rule 6152-14.012(2) and
(3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida
Statutes.
COUNT IV
Based upon the foregoing, Respondent Executive Residential Consultants, Inc. is guilty of
FDBPR vs Morgan Aponte FDBPR Case N° 200082831
Administrative Complaint
failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes.
COUNT V
Based upon the foregoing, Respondent Executive Residential Consultants, Inc. 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 VI
Based upon the foregoing, Respondent Executive Residential Consultants, Inc is guilty of
failure to properly prepare the required written monthly escrow statement-reconciliations in violation
of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, 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,
FDBPR vs Morgan Aponte FDBPR Case N° 200082831
Administrative Complaint
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 _ |) day of Gul , 2002.
pattvent of Business and
Professional Regulation
By:
Director, Division of Real Estate
FDBPR vs Morgan Aponte a FDBPR Case N° 200082831
Administrative Complaint
ATTORNEY FOR PETITIONER
Juana C. Watkins
Florida Bar N° 0192112
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
JWrk
PCP: CV/JR 4/02
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
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.
6
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ie DIVISION OF REAL ESTATE
OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM
gfe?
; NAME St BROKER. “MokGAY APUTE. NAME OF BROKER
BROKER LICENSE A BL LOISLTIGIYI3 1G [BROKER LICENSE # iLL J
NAME OF BROKER
NAME OF BROKER
Lt |_| BROKER LICENSE # | litt —d*d
[ BROKER LICENSE #
NAME OF BROKERAGE LICENSE # OF BROKERAGE
Crecubhvys Pesiferta| Lon sul tents ic. PHONE NUMBER
hn Rech, Execchves big? derbemahe | SS loltast (ws) Q2- 2332
STREET ADDRESS : CITY COUNTY ZIP
GYYO sw Ul? Av< _ Wlan. Wheva Oude 33183
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OVEICH (RUDU. G1S2-10.022 & 23)
REQUIRED OFFICE SIGN (RULE 61J2- 10,024) ue
Y OR TRANSACTION NROKER DISCLOSURE ra
Pus peas #7
———_—-
STATEMENT RECONCILIATIONS (RULE 6152-14.012)
SALES: TOTAL TRUST LIABILITY BPvss O2s oY
RECON. WANK BALANCE 4S FAS2°
MOUNT 410 20.07
ula
suCuRITY DEPOSIT: ‘TOTAL. TRUST LIABILITY __ _
(SHORMZOVER)
RECON BANK BALANCE
(SHOR TIOVER) AMOUNT
YOFAL TRUST LIABILITY ola
RECON HANK HALANCI: __.
RENTAL. DISTRIBUTION:
(SHORT/OVER) AMOUNT a a
REMARKS. Pel Aur wr accom p Loh ef on Broke csvovaucuat, Boted wbhh 1S H(3S;O2S-6° ;
Baber tech Rcok olanee 3 s¥ (18) 445° e Ge nese age of 0,920: Com plant
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P y THE BEST OF MY KNOWLEDGE ALL RECORDS PE NIN! “ROW/TRUST ACCOUNT(S) AND MY
SEMENT ACCOUNT(S) HAVE peibN PROVIDED TO E VIOLATIONS WERE BROUGHT TO
No DAYS AND PROVIDE DBPR WITH
A: AND THOROUGHLYA:XPLA 'D. | WILL TAKE
3'MENTATION OF THE ORRECTIVE ACTION
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NOTION OF NONCOMPLIANCE YES _ NO __—
-— =
Pursuant to x. 455.225 Q), ES., the Comunission sets forth pre are cose. solations-for-witti Tie CBPR shall provide a licensee with a notice of
boncotnptiance.. A violation of a rule is Considered minor violation if it dots not result in€conomic Or physical harm to a persoa or adversely affect the public health, safety, or
welfare of create a significa! threat of such harin. The notice of noncompliance shall only be issued for an Initial offense of x minor violation. ' .
VIOLATION: QUERADE (4) ESCRon! Ftv yO feobere? Reto iE LMT poly *
KL BIC env STEM = -
CORRECTIVE ACTION. _ D2STER MIE uy dvette_tS PROT | Cred TERE CORA KY & Aeon! a
6440 SW 117 Avenue
Miami, Florida 33175
Bus: (305) 271-2339
Fax: (305) 271-8239
E-Mail: MIAMIEXEC@ACL.COM
MIAMI Sea
INTERNATIONAL August 7, 2000
To - Division Of Real Estate
Florida Dept. Of Business & Professiona! Regulation
From : Morgan Aponte / Broker
Realty Executives Miami International
Ref - Escrow Audit — June
Complaint Docket - BK 200082831 — CQ 200082832
Recently an audit was performed at Realty Executives Located at 6440 SW 117 Ave.
Miami, FI.
The Investigator stated that we had an overage of 10,920.00. The DBPR Audit stated
Broker’s liability at 135,025.00. I felt that this was wrong. My Broker’s reconciliation
stated that my liability was 145,945.00 upon the DBPR leaving I took upon myself and
did a complete office audit and review of files going over the liability (escrow). I still
came up with Brokers liability being 145,945.00.
The errors committed in this audit was that some of the offers submitted were not taken
into account, some pending deals were overlooked in certain cases.
See attached documents showing the difference. I hope that this will clarify and justify
the audit of July 17 and 18 and that it will be eliminated from our files. Complaint
dockets. BK: 200082831 — CO: 200082832.
Any questions, please fell free to call me.
£3
oanoi_1 O_pnce
Closed Or Released Transactions but still liability in June:
(Outstanding)File’s were already in closed or fallen at time of audit.
Yadira Saavedra $ 1,000.00
21050 SW 104 PI.
Adres Torres $ 500.00
9747 SW 147 Ct
Eduardo Govea $ 1,000.00
6549 SW 147 Ct.
Rosemarie Caldera $ 2,000.00
4312 SW 136 Pl.
Eduardo Govea $ 1,000.00
6549 SW 132 Ct.
Jorge Blodek $ 1,000.00
6995 Glengale dr.
Gustavo A. Jaramillo $ 650.00
7845 Camino Real
Rodolfo Rodriguez $ 510.00
1250 W. Av.
Miguel A. Lopez $ 1,000.00
13721 SW 84 St.#E
Gustavo Fernandez
13821 SW 46 Ln. $ 500.00
Total Outstanding: $ 9,160.00
Anese TRATIVE COMPLAINT) >.
wlth. 2 ——_—
Docket for Case No: 04-002376
Issue Date |
Proceedings |
Aug. 23, 2004 |
Order Closing File. CASE CLOSED.
|
Aug. 18, 2004 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 22, 2004 |
Notice of Hearing (hearing set for September 1, 2004; 9:00 a.m.; Miami, FL).
|
Jul. 15, 2004 |
Joint Response to Initial Order (filed via facsimile).
|
Jul. 09, 2004 |
Petitioner`s First Request for Admissions filed.
|
Jul. 09, 2004 |
Administrative Complaint filed.
|
Jul. 09, 2004 |
Agency referral filed.
|
Jul. 09, 2004 |
Initial Order.
|