D4. Tle KPC STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case NO. 2008059197 MARIE Y. MYRTIL FERDILUS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Marie Y. Myrtil Ferdilus (“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 sales associate, issued license number H;\ac\ferdilus.doc FDBPR v. Marie Y. Myrtil Ferdilus Case No. 2008059197 Administrative Complaint 3192614 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Buy Direct Real Estate of St. Lucie County, Inc., 12323 SW 55% Street #1002, Cooper City, Florida 33330. 4. At all times material on or about December 31, 2007 Respondent was registered with United Realty Group Inc., a licensed real estate brokerage. 5. On or about December 31, 2007 Respondent, represented Jasma & Neverta Sineus (Buyers) in the purchase of a property ‘located at 12465 NW 6 Ave., Miami, FL 33168 (Subject Property) owned by HSBC Mortgage Servicing Inc., (Seller) for $195,000, with an initial deposit for $1,000 and a second deposit for $4,000 to be held by Unity Title & Escrow Inc. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On or about December 2007 Respondent received from Buyer check # 227 for $1,000 for the deposit for the purchase of the Subject Property. A copy of the deposit is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 7. On or about December 31, 2007 Respondent received from Buyer check # "229 for $4,000 for the second deposit for the purchase of the Subject Property. A copy of the deposit is H.\ac\ferdilus.doc 2 FDBPR v. Marie Y. Myrtil Ferdilus Case No. 2008059197 Administrative Complaint attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 8. Respondent knew that both checks had written on the face of the document that the money was to be used as deposit for the purchase of the Subject Property. 9. At all times material Respondent delivered Buyers’ check #227 to Unity Title & Escrow Inc. 10. Respondent failed to deliver the Buyers’ check # 229 for $4000 to Respondent’s broker or Unity Title & Escrow Inc. COUNT ONE 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 TWO Based upon the foregoing, Respondent is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer and is guilty of commencing or maintaining any action for a commission or compensation against any person except his registered employer in violation of Section 475.42(1) (d), H:\ac\ferdilus.doc 3 FDBPR v. Marie Y. Myrtil Ferdilus Case No. 2008059197 Administrative Complaint Florida Statutes and, therefore, in violation of Section 475.25(1) (e), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), 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 $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 H:\ac\ferdilus.doc 4 FDBPR v. Marie Y. Myrtil Ferdilus Case No. 2008059197 Administrative Complaint to, requiring the licensee, registrant or permittee 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 6132-24.001. 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 permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. H:\ac\ferdilus. doc 5 FDBPR v. Marie Y¥. Myrtil Ferdilus Case No. 2008059197 Administrative Complaint Signed this 22 day of Tuey , 2009. ATTORNEY FOR PETITIONER dw Jennifer Leigh Blakeman Senior Attorney Florida Bar No. 0586877 02734 7Y 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 /k PCP: RD/GS 7/09 Wor Hi\ac\ferdilus.doc 6 FDBPR v. Marie Y. Myrtil Ferdilus Administrative Complaint 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 allowed by law, a hearing to be conducted in this 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. H:\ac\ferdilus. doc 7 SAN-04~08 10:57AM FROME T-T3tP.00e/015 = F-adg. 104 ord ied Fee ue KUnIrenD wd ASE: EGE BERVIC gree to aail-and buy on the terme anc conditians apsotled balow re NW 6 AVENUI MI, PLORIDA 23160. he Property desorfoed aa OR 478 2a770 ‘ . nN re rio . - 1! Tax ID No: . i together with all imomvemerte and attachad lems, holuding fawes, bultin tunishings, bullin spphances, celing Tene, eee otaenes |.» Capture Date: 20074224 Sequence #- 6640998533 -No Brectronie Endor selbst g Found - . , No Payee, Enidorsenitnes 1 Found yaks se Page,20r3 "7. - Print Req Peaaegggmnees Fri May: 09. 20:28: AS POT: 2068 "apn is TRATIVE “CONPLAINT a. | MIAML FL: 33150-1160 =. a TL 8 ee ee ae ee ey met: NG Electiénic'Endorsements. Found No vayee Endorsement's ‘Found + “. -FriMay 09 20:28:21 POT 2008 a ADMINISTRATIVE COMPLAINT ie we a ; - eyeupir as) oo —

Docket for Case No: 09-005683PL

Issue Date	Proceedings
Dec. 14, 2009	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 14, 2009	Motion to Relinquish Jurisdiction filed.
Nov. 10, 2009	Index to Petitioner's Formal Hearing Exhibits (exhibits not available for viewing) filed.
Nov. 10, 2009	Petitioner's Notice of Filing Petitioner's Exhibits filed.
Nov. 10, 2009	Petitioner's Witness List filed.
Oct. 27, 2009	Order Directing Filing of Exhibits
Oct. 27, 2009	Order of Pre-hearing Instructions.
Oct. 27, 2009	Notice of Hearing by Video Teleconference (hearing set for December 18, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 26, 2009	Unilateral Response to Initial Order filed.
Oct. 19, 2009	Administrative Complaint filed.
Oct. 19, 2009	Election of Rights filed.
Oct. 19, 2009	Agency referral filed.
Oct. 19, 2009	Initial Order.