Po, ou yy Otte Ke Ep ? Ay, "3 STATE OF FLORIDA rs, Bi ge 80 DEPARTMENT OF BUSINESS AND PROFESSIONAL necur dion! Mie FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, _ | Oly -325 aPL Petitioner, VS. FDBPR Case N° 2001532387 MARLEN DANIEL, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Marlen Daniel (“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 613578 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker with Five Stars Realty, Inc., 5420 West 16" Avenue, Hialeah, Florida 33012. FDBPR v. Marlen Daniel : Case No. 2001532387 Administrative Complaint 4. At all times material, Respondent Marlen Daniel was broker of record for Five Star Realty, Inc. 5. On or about April 22, 2002, Petitioner conducted an office inspection of Respondent’s office located at 3800 Southwest, 126" Avenue, Miami, Florida 33027. A copy of the inspection report is attached hereto and incorporated herein as Exhibit 1. 6. On or about April 22, 2002, Petitioner informed Respondent that Petitioner was there to audit Respondent’s and/or Five Star Realty, Inc. escrow account(s). 7. On or about April 22, 2002, Respondent informed Petitioner that escrow account could not be audited. 8. On or about April 99, 2002 throughout May 13, 2002, Petitioner tried to schedule with Respondent a time, date and place to audit escrow account. 9. On or about April 22, 2002 throughout May 13, 2002, Respondent failed to avail to Petitioner the records for Petitioner to audit escrow account(s). 10. On or about April 22, 2002, Respondent’s business cards indicated that Oreisi Lopez (SL 706539) (Lopez) was operating as real estate salesperson with Respondent and/or Five Star Realty Inc. A copy of the business card is attached hereto and incorporated herein as Exhibit 2. 11. On or about April 22, 2002, Respondent employed Lopez, as real estate salesperson even though Lopez was not registered with Petitioner as being employed. A copy of Petitioner’s licensing record is attached hereto and incorporated herein as Exhibit 3. FDBPR v. Marlen Daniel Case No, 2001532387 Administrative Complaint 12. On or about April 22, 2002, Respondent employed Leticia Rodriguez (SL 683761) (Rodriguez), as real estate salesperson. A copy of Rodriguez’s business card is attached hereto and incorporated herein as Exhibit 4. 13. On or about April 22, 2002, Respondent employed Rodriguez as real estate salesperson even though Rodriguez was registered with Petitioner as being employed by Poznick Realty Inc. A copy of Petitioner’s licensing record is attached hereto and incorporated herein as Exhibit 5. COUNT I Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475 42(1)(i), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes, COUNT IL 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 Il Based upon the foregoing, Respondent is guilty of having employed any person as a salesperson who is not the holder of a valid and current license as salesperson in violation of Section 475.42(1)(c), FDBPR v. Marlen Daniel Case No. 2001532387 Administrative Complaint Florida Statutes and, 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, 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 (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 FDBPR v. Marlen Daniel Administrative Complaint Case No. 2001532387 foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this és aayor__O ale , 2003. nese su TLE. PaFEMEHE OF Professional Ra... ent of Professional Regulater J Division Of Real Estate aft phy an AS/k PCP: ATR/MV 10/03 Pel Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 0318360 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 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 FDBPR v. Marlen Daniel Case No. 2001532387 Administrative Complaint 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. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Division of Real Estate OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM DATE_"7%22/0 2. NAME OF BROKER [Vay LL DANIEL NAME OF BROKER BROKER LICENSE # | | 1 j j BROKER LICENSE # | to] | 1 i] | BK OG13 5978 | NAME OF BROKER NAME OF BROKER BROKER LICENSE# [| ry I I | | BROKER LICENSE # 7 { 469 | LLSt | a) NAME OF BROKERAGE ; r BROKERAGE LICENSE # | PHONE NUMBER | Five. Stars Real ic. CQ 1005957 Gas) §22- 2443 | STREET ADDRESS ITY COUNTY zip S120 Saul /o8 Acne, Hea lah Dicer (Wade _ 3012 REMARKS OFFICE (RULE 61J2-10.022 & ,023) beeen REQUIRED OFFICE SIGN (RULE 6142-1 0.024) (eA AGENCY OR TRANSACTION BROKER DISCLOSURE (8.475.278, F.S.) MONTHLY RECONCILIATIONS {RULE 61J2-14.012) . ¥. D - a {_ . TBD. H Broke stabed She coulda SALES: TOTAL TRUST LiagiLiTy je _{ mole. herscit aed lable b ECS @ | RECON BANK BALANCE . t . TO — . ther fetter (5 ba Fades (SHORT/OVER) AMOUNT _. h . 4] re Che de ‘ SCAU SECURITY DEPOSIT: TOTAL TRUST LIABILITY 05 pi fa ed : RECON BANK BALANCE Escrow audeh (SHORT/OVER} AMOUNT RENTAL DISTRIBUTION: TOTAL TRUST LIABILITY RECON BANK BALANCE (SHORT/OVER ) AMOUNT aia Nae . REMARKS: BE DaEemmet". iD bee ee . 7 AINING TO MY SALES ESCROW/TRUST ACCOUNT(S} AND MY E IW/ESLIGATOR » THE ABOVE VIOLATIONS WERE’ BROUGHT TO MY 5 IN WITHIN DAYS AND PROVIDE DEPR WITH PHOTOS, Cs . ~ 22/ge, MF SO OF In rp) (COMPUTER ID 4} (DATE) CITATION ISSUED YES NO #: Thy COMPLAINT DOCKETED YES NO #: Te NOTICE OF NON-COMPLIANCE YES. No. (SIGNATURE OF BROKER) (DATE) (SIGNATURE to a person or adversely affect the Public health, safety, or welfare or create a.significant threat of such harm, Thi notice of noncompliance shall be issued only for an Initlal offense of a minor violation. Qs. 8. 706539 2. SOB SUL (CMY Guer yr) viotation: Beokevage had Tuo Sm@Putions MIT Betts x AuD ADUBENS Ed SP Mhol Ab bi Cet we. ~ MTS ATIME LATIN CORRECTIVE ACTION: Reg ster ¥ lepers) MHS 7 Bud Bi ee SGk soy be Directo, ; _. EXHIBEE uy. [ _ wren aan RAGE wu. . @ ‘lank Date [O70 Status Date |07/02/2007 Birth Date [087207197 OREIS! LOPEZ Sales-Associate Five Stars REALTY Office: (305) 822-3443 Fax: (305) 822-2585 Pager: (305) 833-0224 4 Cellular: (786) 229-2372 == S420 W. 16th Avenue, Hialeah, FL 33012 www.ivestarsrealty.cam a OMELAINT 2 | License Cash Exams Inspection Enforcement. ut Client [70 Divi /Alank Date FIO/OT/200T" S| aus Date i 0/01/2001: Cenificat Bitth Date 10/23/1962" Ren Modifiers Number. 99016702:1 2/21/1999 Batch Number | ye6/2n00, Batch Number, 99020386; 2/0? Hebae i “kOSCS kDBGs {7 r Leticia Rodrigt uez Realtor- Associate Lic. Mortgage Broker. Five Stars ReAtry Office: (305) 822-3443 . Fax: (305) 822-2585 Cell: (305) 776-3905 “ft a pa 5420 W, 16th Avenue, bfatoah, FL sat? ‘www.fivestarsrealty.cam 12/10701 ADMIN COMPLAINT

Docket for Case No: 06-003252PL