STATE OF FLORIDA ne DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, . . eT Petitioner, , Ole — | lp 0) [ vs. FDBPR Case N° 2005004702 2006013408 ROLANDO GOMEZ AND TOWER REALTY AND INVESTMENTS, INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Rolando Gomez and Tower Realty and Investments, Inc., (“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 Rolando Gomez is and was at all times material hereto a licensed F lorida real estate broker, issued license number 483393 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker with Tower Realty and Investments, Inc., 250 FDBPR vs Rolando Gomez FDBPR Case N® 2005004702 Administrative Complaint Catalonia Avenue #506, Coral Gables, Florida 33134. 3. Respondent Tower Realty and Investments, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1012137 in accordance with Chapter 475 of the Florida Statutes, The last license issued was at the address of 250 Catalonia Avenue #506, Coral Gables, Florida 33134. 4, Atall times material hereto, Respondent Rolando Gomez was licensed and operating as qualifying broker and officer of Respondent Tower Realty and Investments, Inc. 5. On or about August 24, 2004, a lien was placed against Osvaldo Colon and Colon Ambas Properties for real property in Miami-Dade County, Florida. A copy of the lien is attached hereto and incorporated herein as Exhibit 1. 6. Respondents caused the lien to be placed against the property and did not have permission from Osvaldo Colon or Colon Ambas Properties to place such lien against the real property. COUNT I Based upon the foregoing, Respondent Rolando Gomez is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation Nn FDBPR vs Rolando Gomez FDBPR Case N° 2005004702 Administrative Complaint of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. COUNT I Based upon the foregoing, Respondent Tower Realty and Investments, Inc. is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), 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 ofa reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, FDBPR vs Rolando Gomez , FDBPR Case N° 2005004702 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 1 aay of Vlard ) _, 2006. Florida tehatle Nv =] Professional Regulation By: Michael E. Murphy Division Director Division of Real Estate FDBPR vs Rolando Gomez FDBPR Case N° 2005004702 Administrative Complaint ATTORNEY FOR PETITIONER James P, Harwood, Senior Attomey Florida Bar N° 0425941 Division of Real Estate 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/MG 3/06 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 allowed by law, 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. 5 Pavel a: _Lot 48, in Block § FLAGAMI 2ND ADDITION, According to the Plat thereof, as...” . dedin Plat B SHEREBY CERTIFY that this 12 5 vu ie, tig | ; , co Cpa ie IE oe, , PORRTH RET ESAT EEE TE WH yeh, r CPM, 2O04R07S5i2904% OR Bk 22612 Pa 2568 Chia} RECORDED 08/26/2004 iNsig235 COMAY FO AMII: 04 HARVEY RUVEHs CLERK OF cours This instrument prepared by: NIAMT-OAQE COUNTY; FLU RIDA Fermandez Gomez & Associates PY TSIGH oF LAST PAGE Maria R. Fermandez Gomez, P.A, : ate DAY 2199 Ponce de Leon Blvd. Suite 201 ADI i ip ial IVE Coral Gables, Florida 33134 . EN US CLAIM OF LIEN State of Florida ‘ County of. Miami-Dade “Florida general partnership, whose address is 1071] SW. 27th Strect, Miami, Florida 33] 65, and Buyer, : Felix Marquez, whose Mailing Address is 3622 Coral Way, Miami, Florida 33145, Lienor furnished P : agreed to pay a real estate brokerage commission of 6% of the purchase Brice of $1,325,000.00. The total brokerage fee owed to lienor is $79,500.00 for services tondered in‘tendering a ready willing and able ‘- « buyer, Felix Marquez'‘on the following described reat Property in Miami-Dade County, Florida: fe , Parcel 1: ‘A portion’ of Tract 5, of CORRECTED PLAT OF FLAGAMI 2ND ADDITION, ' according to the Plat thereof, as recorded in Plat Book 34, at Page 15 of tlie Public Records of _ Miami Dade County, Florida, beginning 25 Northeasterly from. N.W, Corner of Tract 5 Continuing © =: ona Northeasterly arc fora distance of 200 feet, 5.13 degrees, 35 sninutes, 42 Seconds, then East | 85.23 fent South 37 degrees, 25 minutes, 01 seconds thence East 106 feet, . \ , ena) aE Page 23; of the Public Records of Miami Dude Comity, Flonaa Parcel 3: Lot 49, ta Block 5 FLAGAMY 2ND ADDITION, according to the Plat thereof, as recorded in Plat Book 17, at Page 23, of the Public Records.of Miami Dade County, Florida. - alk/a 7900 West Flagter Street, Miami, Florida 33144, , . Folio Niuinbers: 3040020080336; 30-4002-007-0260; 30-4002-007-0270 - Manuel Alonso-Poch and Felix Marquez by facsimile . SATE OF PE COUNTY OF Dane Printed Name of Rolando Caner Towe: & Investments, Inc, we ADO end an Chicas Seat, Ko Cota and yp. 4 Daeg ibed before mathis O25”, day of August>: Maria Femander Gomez : 5 My Commission OD251715 a ae Expires December 20; 2007 ADMINISTRATIVE COMPLAINT. Ext oe Tete Pate BET { U RELEASE OF LIEN State of Florida County of Miami-Dade Before me, the undersigned Notary Public, personally appeared, Rolando Gomez, who was duly sworn and says that he is enor, farther known as Tower Realty & Investments, Inc., named upon a certain claim of lien filed against Osvaldo Colon, individually and Colon Ambras Properties, a Florida general partnership, and recorded on August 26, 2004, in Official Records Book 22612 at Page 0256 of the public records of Miami-Dade County, claiming a lien in the sum of $79,500.00 on the following real property: Parcel J: A portion of Tract 5 of CORRECTED PLAT OF FLAGAMI 2%? ADDITION, according to the Plat thereof, as recorded in Plat Book 34, at Page 15 of the Public Records of Miami-Dade County, Florida, beginning 25 Northeasterly from N.W. Corner of Tract 5 continuing on a Northeasterly are for a distance of 200 feet, S.13 degrees, 35 minutes, 42 seconds, then East 85.23 feet South 37 degrees, 25 minutes, 01 seconds thence East 100 feet; . ‘ . Parcel 2: Lot 48, in Block 5 FLAGAMI 2"" ADDITION, according to the Plat thereof, as recorded in Plat Book 17, at Page 23, of the Public Records of Miami-Dade County, Florida; . Parcel 3: Lot 49, in Block 5 FLAGAMI 2" ADDITION, according to the Plat thereof, as recorded in Plat Book 17, at Page 23, of the Public Records of Miami-Dade County, Florida; a/k/a: 7900 West Flagler Street, Miami, Florida 33144 Folio Ni 0’s,:30-4002-008-0320; 30-4002-007-0260; 30-4002-007-0270 and hereby acknowledges Release of the claim of lien, and directs the clerk of the clrenit court to cancel the claim of lien. . Dated: wh hdelos Tower Realty & Investments, hie, by ADMINISTRATIVE COMP Releyae Gomer, President EXHIBIT # | Page Zor ExHiBit_‘4 PAGE au STATEOF FLORIDA __ COUNTY OF MIAMI-DADE Sworn to or affirmed and signed before me on Investinents, Inc. through it’s President, Rolan SUE, Wy Si ee Sone LN oor tg tot LAE » 2005 by Tower Realty & ONjCZ, (Signature of Notary Public — State of Florida) rg "SS 2 , aay “(4% ez eborah “A. "Diaz, ‘. isin ena i&$ (@rint, Type, or Stamp Commissioned Saat Ea Name of Notary Public) a SRR . Personally Known Produced Identification Type of Identification Produced ... vetensetertanere ADMINISTRATIVE COMPLAINT EXHIB! Te AGE Dp EXHIBIT. Y PAGE OC

Docket for Case No: 06-001651