STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL GUL 1 FLORIDA REAL ESTATE COMMISSION = “S “°@ FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, O s- 31D Vv Petitioner, vs. FDBPR Case N° 2002003112 IVANIA FILGUEIRAS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Ivania Filgueiras (“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 Florida real estate broker, issued license number 626629 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker with South Florida Realty, Inc., 10899 Sunset Drive #202, Miami, Florida 33173. FDBPR vs Ivania Filgueiras : FDBPR Case N° 2002003112 Administrative Complaint 4. On October 26, 2001, Respondent received a deposit in the amount of $500.00 for a sale and purchase contract that called for a deposit of $1000.00 5. Respondent placed the deposit into an escrow account on or about November 30, 2001. 6. At all times material to the above-mentioned transaction, Respondent failed to tell the Seller of the property that only $500.00, not $1,000, was received as a deposit. COUNT I 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. COUNT II 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. 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 disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 7. Petitioner realleges and incorporates herein Paragraphs One through Three above. FDBPR vs Ivania Filgueiras FDBPR Case N° 2002003112 Administrative Complaint 8. On or about April 22, 2002, an audit and inspection was conducted at South Florida Realty. 9. The audit and inspection revealed that Subject failed to reconcile her escrow accounts for the month of January 2002, February 2002, and March 2002, until the month of April 2002. 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. 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) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. COUNT VI 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 Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. FDBPR vs Ivania Filgueiras FDBPR Case N° 2002003112 Administrative Complaint 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 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 FDBPR vs Ivania Filgueiras FDBPR Case N° 2002003112 Administrative Complaint Administrative Code Rule 61J2-24.001. SIGNED this, £Y/ day of Jiar W 2005. epartment of Business and Professional Regulation : Elizabeth P. Vieira Director, Real Estate Division FILED ~ ATTORNEY FOR PETITIONER & 8 epariment of Profose sional Regulati James P. Harwood, Senior Attorney Division of Real Estate Florida Bar N° 0425941 re Division of Real Estate GitrK ~ . Department of Business and /: : Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX JPH/k PCP: MV/JR 3/05 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes 5 FDBPR vs Ivania Filgueiras FDBPR Case N° 2002003112 Administrative Complaint 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.

Docket for Case No: 05-003106PL