SEP FLORIDA DEPARTMENT OF BUSINESS ~9 A J1; 0 AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. DBPR Case Nos. 2008041295 ROBERTO CURBELO JR., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against Roberto Curbelo Jr., (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed as a real estate broker in the State of Florida, having been issued license number 452793. | : 3. Respondent's address of record is 8855 S.W. 27 Street, Miami, FL 33165. 4, Respondent is registered with Exclusive Project & Land Inc., a licensed real estate brokerage. G:\LEGAL\ProbableCauseForms\Curbelo Jr 475.25(1)(p)(f) AC.doc.doc 1 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint : 5. At all times material, on or about September 6, 2007, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County Florida, Criminal Division, Case F03-034419, Respondent pled “Guilty” to Bribery/Offering Accepting, a Second Degree Felony in the state of Florida. 6. A copy of the court’s certified records, for Respondent's pleading, to Case F03-034419, is attached as Administrative Complaint Exhibit 1. 7. Respondent failed to timely notify the Florida Real Estate Commission after entering a plea to a felony crime in the state of Florida related to Case F03-034419. 8. On or about September 6, 2007 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County Florida, Criminal Division, Case F03-017089B, Respondent pled *Guilty” to the following: a. Count 5, Grand Theft, $20,000 or more, under $100,000, a 2™ Degree Felony, b. Count 6, Grand Theft, $20,000 or more, under $100,000, a 2" Degree Felony, c. Count Sixteen, Money Laundering/Unlawful Proceeds, more than $20,000, less than $100,000, a 2™ Degree Felony, Curbelo Jr 475.25(1(p)(f) AC.doc 2 FDBPR v. Roberto Curbelo Ur. Case No. 2008041295 Administrative Complaint d. Count 23, Mortgage/Obtain by False Representation, a 3™* Degree Felony, e. Count 24, Money Laundering/Unlawful Proceeds, more than $20,000 less than $100,000, a 2™ Degree Felony, £. Count 31, Legal Process/Simulating, a 37? Degree Felony, g. Count 32, Legal Process/Simulating, a 3°° Degree Felony, h. Official Misconduct, a 3° Degree Felony, 9. A copy of the court’s certified records, for Respondent’s pleading, related to Case F03-017089B, is attached as Administrative Complaint Exhibit 2. 10. Respondent failed to timely notify the Florida Real Estate Commission after entering a plea to a felony crime in the state of Florida, related to Case F03-034419. 11. Respondent failed to timely notify the Florida Real Estate. Commission after entering a plea to a felony crime in the state of Florida, related to Case F03-017089B. 12. Respondent pled to crimes involving moral turpitude. 13. Respondent pled to crimes involving fraudulent activities. 14. Respondent pled to crimes involving dishonest dealings. Count One Curbelo Jr 475,25(1)(p)(f} AC.doc 3 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteenth (14) as if fully set forth herein. 16. Section 475.25, Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 17. Section 475.25(1)(£) subjects a real estate licensee to discipline for entering a plea to a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. Section 475.25(1)(f) (2007), states: “Has been convicted or found guilty of, or Entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt. 18. As set forth above, Respondent violated Section 475.25(1)(f£) in one or more of the following ways: a. On or about September 6, 2007, in case F03- 034419, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County Curbelo Jr 475.25(1)(p)(f) AC.doc 4 FDBPR v. Roberto Curbelo dr. Case No. 2008041295 Administrative Complaint Florida, Criminal Division, Case F03-034419, Respondent pleads “Guilty” to Bribery/Offering Accepting, a, Second Degree Felony, in the state of Florida. 19. A certified copy of the record of Respondent's conviction is evidence under the laws of the state of Florida and admissible as prima facie evidence of Respondent’s guilt. 20. Based on the foregoing, Respondent violated Section 475.25(1)(f£) Florida Statutes, when convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, to a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. Count Two 21. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twentieth (20) as if fully set forth herein. 22. Section 475.25, Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 23. Section 475.25(1)(f) subjects a real estate licensee to Curbelo Jr 475.25(1)(pX AC.doc 5 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint discipline for entering a plea to a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. Section 475.25(1)(f£) (2007), states: “Has been convicted or found guilty of, or Entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.” 24. As set forth above, Respondent violated Section 475.25(1) (£) in one or more of the following ways: a.On or about September 6, 2007, in case F03- 17089B, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County Florida, Criminal Division, , Respondent pleads “Guilty” to the following: 1. Count 5, Grand Theft, $20,000 or more, under $100,000, a 2"? Degree Felony, 2. Count 6, Grand Theft, $20,000 or more, under $100,000, a 2° Degree Felony, 3. Count 16, Money Laundering/Unlawful Proceeds, more than $20,000, less than $100,000, a 2™ Degree Felony, Curbelo Jr 475.25(1)(pf} AC.doc 6 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint 4. Count 23, Mortgage/Obtain by False Representation, a 3° Degree Felony, 5. Count 24, Money Laundering/Unlawful Proceeds, more than $20,000 less than $100,000, a 2™ Degree Felony, 6. Count 31, Legal Process/Simulating, a 37? Degree Felony, 7. Count 32, Legal Process/Simulating, a 3*° Degree Felony, 8. Count 33, Official Misconduct, a 3"° Degree Felony. 25. A certified copy of the record of Respondent's | conviction is evidence under the laws of the state of Florida and admissible as prima facie evidence of Respondent's guilt. 26. Based on the foregoing, Respondent violated Section 475.25(1)(£) Florida Statutes, when convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, to a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing. Count Three 27. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty-sixth (26) as if fully set forth herein. Curbelo Jr 475.25(1)(p)(f) AC.doc 7 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint 28. Section 475.25, Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. . 29. Section 475.25(1)(p) subjects a real estate licensee to discipline for failure to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. Section 475.25(1) (p) (2007), states: “Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.” 30. As set forth above, Respondent failed to inform the Florida Real Estate Commission in writing within 30 days after pleading guilty or nolo contendere in Case F03-034419, for Bribery/Offering Accepting, a Second Degree Felony, in the state of Florida. 31.. A certified copy of the record of Respondent’s conviction is evidence under the laws of the state of Florida and admissible as prima facie evidence of Respondent’s guilt. 32. Based on the foregoing, in case F03-034419, Respondent violated Section 475.25(1)(p) for failure to inform the commission in writing within 30 days after pleading guilty or Curbelo Jr 475.25(1)(p)(f) AC.doc. 8 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint nolo contendere to, or being convicted or found guilty of, any felony. Count Four 33. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirty-two (32) as if fully set forth herein. 34. Section 475.25, Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 35. Section 475.25(1)(p) subjects a real estate licensee to discipline for failure to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. Section 475.25(1) (p) (2007), states: “Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.” 36. As set forth above, Respondent failed to inform the Florida Real Estate Commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. 37. A certified copy of the record of Respondent’s conviction is evidence under the laws of the state of Florida and Curbelo Jr 475.25(1Xp\(f) AC.doc 9 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint admissible as prima facie evidence of Respondent’s guilt. 38. Based on the foregoing, in case F03-017089B, Respondent violated Section 475.25(1)(p) for failure to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. Curbelo Jr 475.25(1}(p(f) AC.doc 10 FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint day of New , 2010. CHARLIE LIEM, Interim Secretary Department of Business and tonal Regulation SIGNED this <6 Jggeph A. Solla III Assistant General Counsel Florida Bar No. 287288 Department of Business and Professional Regulation Division of Real Estate 400 W. Robinson Street, N801 Orlando, FL 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 5/17/2010 PCP MEMBERS: RM/PH pay tLe Curbelo Jr 475.25(1MpXf) AC.doc FDBPR v. Roberto Curbelo Jr. Case No. 2008041295 Administrative Complaint : NOTICE TO RESPONDENT (S) 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. Curbelo Jr 475.25(1Xp\f) AC.doc 12 > IN THE CIRGI!T COURT OF THE ELEVENTH JUDICIAL, CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 388 DIVISION . SION FINDING OF GUILT AND ORDER OF WITHHOLDING ADJUDICATION/ SPECIAL CONDITIONS {&] CRIMINAL (] TRAFFIC [] OTHER PLAINTIFF (S) VS. DEFENDANT (S) THE STATE OF FLORIDA ROBERTO CURBELO, JR at CASE NUMBER: F03-034419 SB om > So = a2 8 AKA:Roberto Curbelo ‘ = a > A aigaay NO# st foe n x IT APPEARING UNTO THE COURT that the defendant beirfg persona oF; before the court accompanied by his/her attorney, JOSE M QUINON,PA has been found guilty of the charge of Count Seunt czime Degree ! 1 BRIBERY/OFFERING/ACCEPTING 2/F : by the court upon the entry of a guilty plea and it appearing unto the court, upon a hearing of the matter, that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, and the Court being fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that an adjudication of guilt be, and the same is hereby stayed and withheld IT IS FURTHER ORDERED AND ADJUDGED that The defendant is placed on PROBATION in a separate Order entered herein. CONCURRENT WITH F03-1789B SPECIAL CONDITIONS Costs Other PROBATION IT IS ORDERED THAT the defendant be fingerprinted pursuant to F.S. 921.241(1) ADMINISTRATIVE COMPLAINT, x EXHIBIT eT -09/20/07 emmenferenennre 8 nates ne tet REV 10/02 Page 1 of 3 Clerk's web address: www.miami-dadeclerk.com IN THE CIRCWIT COURT OF THE ELEVENTH JUDICIAL, CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA DIVISION [kK] crmcmwat CHARGES/COSTS/FEES CASE NUMBER: F03-034419 PLAINTIFF (S) VS. DEFENDANT (S) THE STATE OF FLORIDA ROBERTO CURBELO, JR AKA:Roberto Curbelo The Defendant is hereby ordered to pay the following sum indicated: $50.00 Pursuant to F.S. 938.03(4) (Crimes Compensation Trust Fund). $3.00 Three dollars as a court cost pursuant to F.S. 938.01 (1) $3.00 (Criminal Justice Trust & Education Funds). $200.00 Pursuant to 938.05(1) (Local Government Criminal Justice Trust Fund). $3.00 Pursuant to F.S. 938.19 (Teen Courts). $50.00 Pursuant to F.S. 775.083(2) (Crime Prevention Programs). $2.00 Two dollars as a court cost pursuant to F.S. 938.15 $2.00 (Criminal Justice Trust & Education Funds) . $65.00 Pursuant to F.S. 939.185(1)(a) (Assessment of Additional Court Costs as adopted by Ordinance 04-116) $85.00 Pursuant to F.S. 939.185(1) (b) (Surcharge as adopted by Ordinance 05-123) $458.00 - TOTAL OTHER COMMENTS: STAY DUE DATE: 09/06/2017 DONE AND ORDERED in Open Court in Miami-Dade County, Florida 6th day of September, 2007. ADMINISTRATIVE COMPLAINT ERHIBIT # ! (W=WAIVED/S=SUSPENDED) PAQE OF REV 10/02 cr -09/20/07 Page 2 of 3 Clerk's web address: www.miami-dadeclerk.com rN KH THE.CIRCUT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, 1 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, DIVISION # CRIMINAL 0 OTHER FINGERPRINTS OF DEFENDANT THE STATE OF FLORIDA vs. Rol ixto Curvalo PLAINTIFF DEFENDANT CASENUMBER: © S3-— 2yY (9 CLOCK IN FILED SEP 6 6 2007 | herby certify that the foregoing fingerprints on this judgment are the fingerprints of the defendant named above, and that they were placed thereon by said defendant in my presence, in open court, on this date and that the defendant provided the below Sacial Security Number or was unable to provide said number as indicated. y - Fingerprints taken by: } V. y) CLERK Title Name FINGERPRINTS OF DEFENDANT 1. R. Thumb 2.R. Index 3. R. Middle 4. R. Ring 5. R. Little Social Security Number of Defendant e_i- _—sC«s DONE AND ORDERED in Open Court in Miami-Dade County, Florida this day of ADMINISTRATIVE COMPLAINT CYLERIT de . 3 Page OSE“ Barbara Areces. +, BARBARA ARECES Circuit Court Judge CLKICT 854. REV, 7/03 Clerk's web address: www. miamidadecierk.com : 20K<100K 23 MORTGAGE/OBTAIN BY FALSE REPRESENTATION 24 MONEY LAUNDERING/UNLAWFUL PROCEEDS/>20K<100K 31 LEGAL PROCESS/SIMULATING 32 LEGAL PROCESS/SIMULATING 33 OFFICIAL MISCONDUCT by the court upon the entry of a guilty plea SELCGS IN GU0OI YOs EFI Loz wa 11 NuraD Degree 2/F 2/E 2/F 3/F 2/F 3/EF 3/F 3/F and it appearing unto the court, upon a hearing of the matter, that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, and the Court being fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that an adjudication of guilt be, and the same is hereby stayed and withheld. Iv IS FURTHER ORDERED AND ADJUDGED that: The defendant is placed on PROBATION in a separate Order entered herein. SPECIAL CONDITIONS Costs ALDNENTS eT -12/21/07 REV 10/02 bp Clerk's web address: www.miami-dadeclerk.com Page 1 of 4 TRATIVE COMPLAINT | IN REF: Defendant : ROBERTO CURBELO, JR FINDING OF GUILT AND ORDER OF WITHHOLDING ADJUDICATION/SPECIAL CONDITIONS CASE NUMBER: F03-017089B ed Other PROBATION IT IS ORDERED THAT the defendant be fingerprinted pursuant to F.S. 921.241 (1). ADMINISTRATIVE COMPLAINT EXHIBIT #A PAGE Z_oF cr -12/21/07 REV 10/02 Page 2 of 4 Clerk's web address: www.miami-dadeclerk.com IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL, CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA DIVISION [X] CRIMINAL CHARGES /COSTS/FEES CASE NUMBER: F03-017089B ee | PLAINTIFF (S) VS. DEFENDANT (S) THE STATE OF FLORIDA ROBERTO CURBELO, JR AKA:Roberto Curhbelo The Defendant is hereby ordered to pay the following sum indicated: $50.00 Pursuant to F.S. 938.03(4) (Cximes Compensation Trust Fund). $3.00 Three dollars as a court cost pursuant to F.S. 938.01 (1) $3.00 (Criminal Justice Trust & Education Funds) . $200.00 Pursuant to 938.05(1) (Local Government Criminal Justice Trust Fund). $3.00 Pursuant to F.S. 938.19 (Teen Courts). $50.00 Pursuant to F.S. 775.083(2) (Crime Prevention Programs) . $2.00 Two dollars as a court cost pursuant to F.S. 938.15 $2.00 (Criminal Justice Trust & Education Funds). $65.00 Pursuant to F.S. 939.185(1) (a) (Assessment of Additional Court Costs as adopted by Ordinance 04-116) $85.00 Pursuant to F.S. 939.185(1) (b) (Surcharge as adopted by Ordinance 05~123) -$458.00 - TOTAL OTHER COMMENTS: STAY DUE DATE:09/06/2017 DONE AND ORDERED in Open Court in Miami-Dade County, Florida this 6th day of September, 2007. JUDG ARECES AST gf PAGE _ 2 (W=WAIVED/S=SUSPENDED) REV 10/02 cr -12/21/07 Page 3 of 4 Clerk's web address: www.miami-dadeclerk.com . rar) é IN THE GRGUTPCOURT OFTHE ELEVENTH JBGALGRGUTT NANO FOR MEORDE COUNTY, FLORIDA C1 INTHE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA DIVISION CRIMINAL O OTHER FINGERPRINTS OF DEFENDANT CURGELO, ROBERTO SQ PLAINTIFF DEFENDANT CASE NUMBER: EO >- \*] OS A | herby certify that the foregoing fingerprints on this judgment are the fingerprints of the defendant named above, and that they were placed thereon by said defendant in my presence, in open court, on this date and that the defendant provided the below Social Security Number or was unable to provide said number as indicated. Fingerprints taken » Wleolee bia. Pra life Name Title FINGERPRINTS OF DEFENDANT 1. R. Thumb 2.R. Index 3. R. Middle 4. R. Ring 5.R. Little CLOCK IN Social Security Number of Defendan ie DONE AND ORDERED in Open Court in Miami-Dade County, Florida this day of 2007 ,20_ CLK/CT 854. REV. 7/03 Clerk's web address: woew.miami-gadecierk.com foe IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA | DIVISION CASE NUMBER Fos 14045 B O OTHER ORDERS OF SUPERVISION STATE OF FLORIDA STATE OF | HEREBY cERriry hie Oe p tiginal on file in this Gfhice, . HARVEY YA, Clerk. DRUG OFFENDER PROBATION (see addendum) SEX OFFENDER PROBATION (see addendum) I Jot. COMMUNITY CONTROL (see addendum) ADMINISTRATIVE PROB e Fo, | \e FOLLOWED BY____ PROB___ DOP a. J entered a plea of quilty/nolo contendere: fap r A) jer Cont 24 Mone Lound - | 720 4 b. been found guilty of: c. _______ prior probation is hereby revoked: Zjaol: Con! 31 dI 459 Lega Pro ces Cos) | THE COURT HEREBY: Simulate Cont 3. Pero Meandued d. adjudges you guilty of count(s) e. withhoids adjudication of guilt for countis) 9, 1,16, 24, ad, d)- -43 ITs crag AND ADJUDGED THAT, SUBJECT TO THE LAWS OF THIS STATE: f. you are hereby placed on fi bah on for a period of dey ) G fe) ) Y é (en) . Followed by for a period of: to be oS Lo supervised by the Department of Corrections. h. (split sentence) you shall be confined in: the custody of Miami-Dade County Corrections for a period of: the custody of Miami-Dade County Corrections for a period of: after which you shall be placed on __ for a period of to commence upon release. i. (Administrative Probation) as defined in Ch948.001 F.S., After payment of a $50.00 processing fee plus a 4% surcharge, all conditions, except (J)(4) will be deleted. TIS HV) HER ORDERED AND ADJUDGED THAT YOU WILL COMPLY WITH, AND CONFORM TO, CONDITIONS: you must report in person, immediately or on the next working day after release from confinement, to the Probation Office located at Z as directed. k. ‘ you shall not do any of the following: 1. you will not change your residence or employment or leave the county of your residence without first procuring the consent of your officer. 2. you will not possess, own, or carry any firearm, or weapon. 3. associate with any person engaged in criminal activity. 4. violate any law of any city, county, state or the United States (a conviction in a court of law is not necessary for you to be found in violation). 5. you will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician. Nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully, sold, dispensed, or used. ia ADMINISTRATIVE COMPLAINT EXHIBIT 42? PAG Se OF PAGE 1 OF 4 CLK/CT 865 12/00 Clerk's web address: www.miami-dadeclerk.com WHITE - Office YELLOW - Probation/Parole PINK - Defendant So 2 p bo lo : : Defendant { V i Ur > ‘ Case # Fo3- ) +03 i | ) I. you must do each of the following: , 4. not later than the fifth day of each month, unless otherwise directed you will make a full and truthful report to your officer on the form provided for that purpose. 2. you will promptly and truthfully answer all inquiries directed to you by the court or officer, and allow your officer to visit you in your home, place of employment or elsewhere. 3. follow carefully and faithfully both the letter and spirit of valid instructions given you by a duly authorized officer. 4. you will work diligently at a lawful occupation and advise your employer of your supervision status and support your dependents to the best of your ability. 5. you will submit to random testing at any time requested by your officer, or the professional staff of any treatment center where you are receiving treatment, to determine possible use of alcohol, drugs, or controlled substances. 6. you will submit to a warrantless search to your person, residence and vehicle. 7. you will pay the sum of DAO. per month plus 6 surcharge towards the cost of supervision unless otherwise exempt pursuant to F.S. 948.09. 8. you will pay all court ordered monetary obligations through the Probation Officer with money orders made payable to the Department of Corrections will disperse the monies as follows: ( plus surcharge ) a) $. ourt costs b) $ victim costs on counts ce) §$. “trust fund" or 50.3 hours of community service (F.S. 27.3455) d) § assessment e) §$ drug testing fee ff $§$ restitution payable to g) § SNi fee 1. YOU SHALL COMPLY WITH THE FOLLOWING SPECIAL CONDITIONS: / 1. spend Q i) in custody of Miami-Dade County Corrections and comply with all rules of the institution in which you were placed with credit for days time served. 2. spend weekends beginning in the custody of the: 3. you will attend and successfully complete the following rehabilitation program to be selected by your officer or the court. Further, you will abide by all rules and regulations of the program, attend all appointments, and follow all lawful instructions and recommendations of the director and staff: a) an inpatient/outpatient , , alcohol, _. , drug, and or psychological program b) the defendant is to be held in the custody of until released to a representative of or otherwise as directed by the officer or the court. 4. not use or possess alcoholic beverages for any purpose. 5. not drive or operate a motor vehicle except 6. perform hours of community service at a non-profit organization, as directed. 7. you will not associate, communicate or have any contact with 8. co, ORO DOMemint: Mal EY OH, dbrtt (5) UG) Vp On ibn OF Urtam In plea GT Emer THE COURT RESERVES THE RIGHT TO RESCIND, MODIFY, REVOKE SUPERVISIONTO THE EXTENT TO THE PROVIDED BY LAW. DONE AND ORDERED Miami-Dade County, Florida this day of Nunc Pro Tunc, Judge, Circuit | have received a copy of the term and conditions of my supervision. | have read and unders fd these conditions and agree to report to the Department of Corrections Probation Office for further instructions. Also, | hereby consent to the disclosure. of my alcohol and drug abuse patient records, the confidentiality of which is federally regulated under 42CFR, Pai @ duration of my supervision. at DEFENDANT PAGE 2 OF 4 . 7 ener BIK'S WEP address: jwawyw.miami-dadeclerk.com WHITE - Office YELLOW -,Probation/Parole & Riyk - Defendant < é " CLK/CT 865 12/00 casex_ FO9- 19081 H IT IS FURTHER ORDERED THAT YOU SHALL COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISION: |. COMMUNITY CONTROL STANDARD CONDITIONS: (a) you remain confined to your residence except one half hour before and after your appfoved employment, — community service work, or any other activities approved by your officer. (b) You will maintain an hourly accounting of all your activities on a daily log which you will Officer upon request. (c) The Department of Corrections, may at its discretion, place you on Electronic Monoring during the term of your Community Control. If placed on Electronic Monitoring, you will wear a monitor At all times. You will maintain a private phone line, be financially responsible for any lost or damaged equipment/And follow all rules and regulations as instructed. The telephone will be available within five working days of being placed on the Electronic Monitoring Program. While on electronic monitoring you will remain confined to your sidence and are prohibited from being outside the residential walls. (d) If while being monitored and the monitor is found to be tampered with you shall be taken into custody immediately, if the officer determines that you were not at your scheduled place of Work or school while allowed to be outside the residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall, on the next working day, brought before t#e Judge presiding over his or her case for further disposition at the discretion of the presiding Judge. (e) If placed on Electronic Monitoring you will pay to the State of Morida, for the cost of Electronic Monitoring, $1.00 per day, per F.S. 948.09. mit to your Supervising ll. DRUG OFFENDER PROBATION STANDARD CONDITIONS: (a) You will submit to and, unless otherwise waived, be/inancially responsible for drug testing, urinalysis at lease on a monthly basis, and counseling if deemed approprig¢fe by your supervising officer. (b) You will enter and successfully complete a nonfecure or inpatient drug treatment program if deemed appropriate by your Officer. (c) You will comply with any curfew restrictions, Zonfinement approved residence, or travel restrictions as instructed by your Officer and approved by the Officer's Ill. SEX OFFENDER STANDARD CONDI (For offenses committed on or after Octgber 1, 4995 and placed Supervision for Violation of Chapter 794,S.800.04, $.827.071, or S.847.0145.) (a) you shall submit to a mapfatory curfew from 10:00 P.M. to 6:00 A.M. or any other 8hr period. (b) (If victim was under the age ff 18 years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate. (c) you shail enter, actively pafticipate in, and successfully complete a sex offender treatment program with a therapist particularly trained to tre9f sex offenders, at probationer's or community controllee's expense. (d) you shall not have anf contact with the victim, directly or indirectly, including through a third person, unless approved by the victirf, the therapist, and sentencing court. (e) (if victim was under, e age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have ap unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing cour without an adult present who is responsible for the childs welfare, and which adult has been advised of the grime and is approved by the sentencing court. (f) (if victim was Ander the age of 18 years) you shall not work for pay or as a volunteer in any school, day care center, park, playgrfund, or other place where children regularly congregate. (g) unless othfrwise indicated in the treatment plan provided by the sexual offender treatment program, you shall not (h) You shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA data bank. () you shall make restitution to the victim, as ordered by this court pursuant to F.S. 775.089, for all necessary medical and related professional services relating to the physical, psychiatric, and psychological care of the victim. (@) you shall submit to a warrantless search by your community control or probation officer of your person, residence, or vehicle. ALMINISTRATIVE COMPLAINT PAGE 3 OF 4 CLK/CT 865 12/00 SATEEN Fi retreive nrneraremencemel tS icieWGeAEE ESS: www.miami-dadecierk.com WHITE - Office YELLOW - Prob@fon/Parqie: PINK - Defendant ae) Defendant . Case # Il. SEX OFFENDERS STANDARD CONDITIONS CONTINUED: (For offenses committed on or after October 1, 1997 and placed on sex offender probation for a violation of chapter 794,S.800.04,S.827.071, or S.847.0145, and in addition to the previously listed sex offender condjtfons), (k) you shall, as part of a treatment program, participate once/twice annually in polygraph gxaminations to obtain information necessary for risk management and treatment and to reduce your denial mesanisms. Your polygraph examinations must be conducted by a polygrapher trained specifically in the use of a pélygraph for monitoring sex offenders and it shall be paid by you. The results of the polygraph examinations shgfl not be used as evidence in court to prove that a violation of community supervision has occurred. ' (I) you shall maintain a driving log. (m) you shall not drive a motor vehicle while alone without prior approval of your syfervising officer. {n) you shail not obtain or use a post office box without the prior approval of youy’supervising officer. (0) (if there was sexual contact) you shall submit fo, at probationer's or comunity controllee's expense, an HIV test with the results to be released to the victim, or the victims parent or guardian (p) Electronic monitoring when deemed necessary by the community cofitrol or probation officer and his/her supervisor, and ordered by the court at the recommendation of the departme; of corrections. IT1S FURTHER ORDERED THAT YOU SHALL COMPLY WITH THE FOLLWING CONDITIONS OF SUPERVISION: ion to the specific locations listed in page (3) section (f) of the shall not work for pay or as a volunteer at any pet store, library, (q) If the victim was under the age of 18 years, in ad SEX OFFENDER STANDARD CONDITIONS, y: zoo, theme park, or mall. (r) For offenses committed on or after July 1,005, you shall not access the internet or other computer services until the treatment provider, after completing A risk assessment, approves and implements a safety plan for you to access or use the internet or other cop{puter services. DEFENDANT DATE INSTRUCTED BY- DATE 20. day of , : DONE AND ORDRED Miami-Dade County, Florida this Nunc Pro Tu OF _————--"BaGE 4. OF 4 ed CLK/CT 865 Rev. 10/06 Clerk's web address: www.miami-dadeclerk.com WHITE - Office YELLOW - Probation/Parole PINK - Defendant n i 0

Docket for Case No: 10-009394PL

Issue Date	Proceedings
Dec. 20, 2010	Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits numbered 1-6, to the agency.
Dec. 16, 2010	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 16, 2010	Respondent's Dismissal of Petition for Formal Hearing filed.
Dec. 13, 2010	Respondent's Pre-hearing Stipulation filed.
Dec. 10, 2010	Order on Petitioner`s Motion to Relinquish Jurisdiction.
Dec. 08, 2010	Index to Petitioner's Formal Hearing Exhibits (exhibits not available for viewing) filed.
Dec. 06, 2010	Unilateral Prehearing Statement filed.
Dec. 03, 2010	Petitioner's Notice of Filing Petitioner's Exhibits (exhibits not attached)
Dec. 03, 2010	Index to Petitioner's Formal Hearing Exhibits (exhibits not attached) filed.
Dec. 03, 2010	Petitioner's Witness List filed.
Nov. 30, 2010	Respondent's Response to Motion to Relinquish Jurisdiction filed.
Nov. 22, 2010	Motion to Relinquish Jurisdiction Based upon a Determination that No Geuine Dispute of Material Fact Exists filed.
Nov. 03, 2010	Notice of Appearance and Substitution of Counsel (filed by J. Blakeman).
Oct. 21, 2010	Order Directing Filing of Exhibits
Oct. 21, 2010	Order of Pre-hearing Instructions.
Oct. 21, 2010	Notice of Hearing by Video Teleconference (hearing set for December 17, 2010; 1:00 p.m.; Miami and Tallahassee, FL).
Oct. 06, 2010	Joint Response to Initial Order filed.
Sep. 30, 2010	Initial Order.
Sep. 30, 2010	Notice of Appearance and Election of Rights (filed by J. Gallagher).
Sep. 30, 2010	Administrative Complaint filed.
Sep. 30, 2010	Agency referral filed.