STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL A By by, wus FLORIDA DEPARTMENT OF BUSINESS 47 AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, 0- GU (lye Petitioner, v. DBPR Case No.2008046413 JORGE GOMEZ, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Jorge Gomez, (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the real estate profession pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 475, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of real estate services pursuant to Section 455.228, Florida Statutes. 3. At no time material to this complaint was Respondent duly licensed to engage in the practice of real estate services pursuant to Chapter 475, Florida Statutes. 4. Respondent's address of record is: 16135 SW 99°" Avenue, Miami, Florida 33157. GALEGAL\probablecause-unlicensed\AC Jorge Gomez.doc 1 DBPR v. Jorge Gomez Case No. 2008046413 Administrative Complaint 5. Respondent, Jorge Gomez, is not now, nor was at any time material herein, registered as a licensed real estate associate or broker in the State of Florida. 6. Respondent advertised a rental property, located at Encantada Resort, 8511 Bay Lilly Loop, Kissimmee, FL 34747 (Subject Property) to potential renters on the website www.VRBO.com, Vacation Rentals By Owner. 11. A copy of Respondent’s confirmation containing the advertised listing number is attached and incorporated as Administrative Complaint Exhibit 1. 12. The Subject Property was owned by Juan Carlos Infante and Michelle Samper (“Owners”). 13. A copy of the Osceola County Property Appraiser’s Property Search is attached and incorporated as Administrative Complaint Exhibit 2. 14. At all times material, Respondent never had a legal interest in the Subject Property, nor permission or authority to rent the Subject Property. 15. A copy of the email correspondence from VRBO.com is attached and incorporated as Administrative Complaint Exhibit 3. G:ALEGAL\probablecause-unlicensed\AC Jorge Gomez.doc 2 DBPR v. Jorge Gomez Case No. 2008046413 Administrative Complaint 16. Respondent accepted compensation from Complainant, Anthony Gulluni, for the Subject Property in the amount of $250.00. 13. A copy of Respondent’s email confirmation and mail return receipts are attached and incorporated as Administrative Complaint Exhibit 4. 14. On or about March 31, 2010, Petitioner issued a Notice to Cease and Desist to Respondent Jorge Gomez from engaging in the practice of unlicensed real estate activity. 15. A copy of the Notice to Cease and Desist is attached and incorporated as Administrative Complaint Exhibit 5. Count One 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15) as though fully set forth herein. 17. Section 475.42(1) (a), Florida Statutes provides that: A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefore. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, as provided in s. 775.083. 18. Subsection 475.01(1) (a), Florida Statutes provides: ‘Broker’ means a person who, for another, and GALEGAL\probablecause-unlicensed\AC Jorge Gomez.doc 3 DBPR v. Jorge Gomez Case No. 2008046413 Administrative Complaint for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration thereof, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promises any compensation or valuable consideration, directly or indirectly therefore; and all persons who advertise rental property information or lists. A broker renders a professional service and is professional within the meaning of s. 95.11(4) (a). «The term “broker” also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. The term “broker” also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20. G:ALEGAL'\probablecause-unlicensed\AC Jorge Gomez.doc 4 DBPR v. Jorge Gomez Case No. 2008046413 Administrative Complaint 19. Subsection 475.01(3), Florida Statutes, provides: Wherever the word “operate” or “operating” as a broker, broker associate, or sale associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense. 20. Subsection 475.01(1) (i}, Florida Statutes, defines “real property” or “real estate” as “any interest or estate in land and any interest in business enterprises or business opportunities.” 21. Based upon the facts set forth above, Respondent Jorge Gomez violated Section 475, Florida Statutes, in one or more of the following ways: (a) By advertising rental property information or listings to the public that he is engaged in the business of leasing or renting real property of others. (b) By taking part in procuring lessees for the real property of another. (c) By accepting compensation or valuable consideration as a G:\LEGAL\probablecause-unlicensed\AC Jorge Gomez.doc 3 DBPR v, Jorge Gomez Case No. 2008046413 Administrative Complaint NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time, against Respondent in addition to any other discipline imposed. H:\AC. Jorge Gomez.doc 7 CONFIRMATION # J-29816 10-13-08 on Original Message-----Subject: VRBO.COM ]J - Listing #112914 Vacation Rental Inquiry - Regarding ad on WWW.VRBO.COM Listing 112914 Description: Encantada, Kissimmee, Central-Disney-Orfando Area, Florida, USA Only Five Minutes to Disney, Web Address: _ http:/Avww.vrbo.com/112914 PROPERTY ADDRESS: ENCANTADA RESORT 8511 BAY LILY LOOP KISSIMMEE FL.34747 4 BEDROOM 3 BATH RATE: $69.00 NT. Arrival Date: 05-15-08 TOTAL RATE: $483.00 Departure Date: 05-22-08 12% TAX $ 57.96 Length of Stay: 07 nights TOTAL: $540.96 # in Party: 2 adults/Achild: POOL HEAT $0.00 Name: ANTHONY GULLINI : DEPOSIT: $250.00 Address: 20 ROCKLAND STREET SPRINGFIELD MASS 01118 . : BALANCE DUE $290.96 email: antguil@comcast.net Phone: 413-733-6215 SEND CHECKTO: 16135 SW 99 AVENUE. MIAMI, FL.33157 PAYABLE TO: _ , JORGE E. GOMEZ Comments: NO CANCELLATION FEE , FULLY REFUNDABLE.UP TO 7 DAYS OF ARRIVAL CHECK MUST BE RECEIVED WITHIN 5 DAYS OF RESERVATION. WE APPRECIATE YOUR BUSINESS!!! ADMINISTRATIVE. COMPLAINT. EXHIBIT #_ DAGE _ OF eee lo Osceola Property Search Page | of 2 Property Appraiser Basic Search Advanced Search Search Resuits (2) Malin Page . Search Parcel Result Map _ Owner Information : Owner Name: | Mailing Address: 10859 NW 85TH ST DORAL FL, 33178 8511 BAY LILLY LOOP 427 SINGLE FAMILY-IMPROVED | Physical Address: Tax District: | Description: | Current Values: | Current Value represents working appraised values as of | 3/31/2010, which are subject to change prior to certification Osceola County Government Center 2505 E. Ifo Bronson Hwy Kissimmee FL, 34744. | Land: $17,500 co PAG: tao. OU AMS 00 PM | Extra Features: $14,700.00 (407}742-4300 (fax) | Buildings: $100,500.00 | Appraised(Just): $132,700 00 | Assessed{estimated): $134,300.00 | Exemption(estimated): | Taxable(estimated): $134,200.00 * Assessed Values Reflect Adjustments for Agricultural Classification and/or the Save Our Homes Cap Tax Collector | Sales Information Extra Features Units | CONCRETE PAD/PATIO 405 CONCRETE/CONCRETE BLOCK WALL 120 CONCRETE/CONCRETE BLOCK WALL 42 POOL DECK 589 SCREEN ENCLOSURE 1475 SWIMMING POOL(IN GROUND ONLY) 236 “Building: 1 | Description TWNIROW HS Year Built 2006 Value $100,500.00 | Actual Area 1661 | Heated Area 1636 Building | Subaraa: ' Description Code _ BASE AREA BAS | OPEN PORCH FINISHED OPE UPPER STORY FINISHED USF | Legal Deseription LENCANTADA PH 1 PB 17 PGS 186-190 LOT 158 PAGE http://ira. property-appraiser.org/Property Search/Default.aspx Parcel : 052527316100011580 [2009 TRIM Notice INFANTE JUAN CARLOS, SAMPER MICHELLE: Sales Information Seq ORB-Pg Price Date Deed Type io 3318-1390 $370,900.00 10/24/2006 wo Land Information - Total Acreage: 0,07 | Land Description units Depth Land Type Land Value | TOWNHOUSE LOT 1.00 Lt $17,500.00 Extra Features Building Information Legal Description ADMINISTRATIVE COMPLAINT EXHIBIT # Parcel Result Map Result Help Print Property Card 4 View Parcel on Map | Property Photo | Map Photo Cortified Values Certified Value represents certified values that appeared ‘on the tax roll as of 10/8/2009 Land: $17,500.00 AG: $0.00 Extra Features: $15,300 00 Buildings: $101,500 00 Appraised(Just): $134,300 00 Assessed"; $134,300.00 Exemptio Taxable: $134,300 00 * Assessed Values Reflect Adjustments for Agricultural Classification and/or the Save Our Homes Cap Year Built Feature Value 2006 $300 00 2006 $600 00 2006 $200 00 2006 2.000 00 2006 $3.500 00 2006 $3,100.00 View Building Sketch Bedrooms 4 Bathrooms 3 Fixtures: 9 Roof Cover CEMNT TILE Exterior Wall CB STUCCO Year Built Total Sketched Area 2006 863 06000 2006 25,90000 2006 773.00000 Le EXHIBIT__§ a i a PAGE 22 a on emer AF 112010 Joy BUMLUDES WY CULUAL ~ DALAL IvISSsaye SO Ea ORES From: antgull@comcast.net ; To: rentwithconfidence@homeaway.com Subject: _fraudient listing Date: Thursday, January 17, 2008 3:29:23 PM: A listing on vrbo listing # 156944. which we sent a 250.00 deposit is not good, | have found out through the resort and other listings at encantada-resorts and. webmaster@vrbo.com that it is not good. What happens. how... how out of luck are we.. Thanks Anthony Gulluni this is an email form vrbo.com To help us serve you betier, please include "(Case:V231589)" in the subject of any-email you: send regarding this issue. Thank you! . : Dear Anthony, Thank you:for your email. Aithough this.rarely: occurs on VRBO:com, we-identified this. property as O suspicious. Listing #112914 in Encantada may not be legitimate or in compliance with our terms and condilions. We removed the iisting from aur site afid will contact you siiauld we determine this removal nas been made in-error. We.advise-you to stop communications with. this owner. If you already made a payment, contact your credit caré:or other payment provider immediately to stop: payment or seek reimbursement. oo If you have booked your vacation stay at this property we suggest you make altemative arrangements. If you need any assistance, please iet us know. If you previously régistered your trip for the Rent with Confidence Guarantee, you should first contact your payment provider and then notify: rentwithconfidence@homeaway.com. This property and-any subsequent registrations. associated: with it are no-longer eligible for the Rent with: Eonfidence: program. We would welcome any information or evidence that you feel could help in our investigation, including the 2 property addresses you mentioned, any contact information you have for Mr. Gomez, any emails you've “exchanged or a'copy of your rental contract;ete.""" ~~ ™ nae - ; Please keep us updated on your monetary dispute, and let us know if we can be of further assistance in this matter. Best regards, Shannon at VRBO.com . CO Trust & Safety Lead ' "ADMINISTRATIVE COMPLAINT EXHIBIT 4.2 PAGE for http://mailcenter2.comcast.net/ wmc/v/wm/479A5A6B0006B6AB90000DDC22007621949... 1/25/2008 fe a oo MPagesL of L Anthony Guliuni O From: To: Sent: Sunday, October 21, 2007 7:21 PM Subject: Re: reciept of deposit ‘We have received your deposit It is reflected on your confirmation. Thanks, George --—-Original Message—-- From: Anthony Gulluni . To: George, Encantada Resort Sent: Sat, 20 Oct 2007 7:22 pm Subject: reciept of deposit Hello: Jorge, | would appreciate it if you would send a reciept for the $250.00 deposit on Encantada Resort for 5/15 to 5/22 2008 for my records. Thanks Again : O Anthony Gulluni Email and AIM finally together. You've gotta check out free AOL Mail! ADWVINISTRATIVE COMPLAINT EXHIBIT # 10/21/2007 PAGE of OF a a ay CONFIRMATION: D ADMINISTRATIVE Cons Exyieir 2 ¥ . PAGE | ’ Florida Departmentot Busines Professional Regulation NOTICE TO CEASE AND DESIST Section 455.228(1), Florida Statutes orn vere: ae ! DBPR Case No._ 2909 046413 Miami FU 331877 The Department of Business and Professional Regulation (“Department”) notifies you that it has probable cause Ags to believe that you may be practicing as a(n)1 without the professional license or certification required by Florida law, specifically Chapterpasct #2f)(4Florida Statutes. Probable cause is based on the following facts: On 10] oT (date) at esi Bay ui Ihe Looe (address) in the City of Kiss i mmec ;_Oscralas County, Florida, you : ( Fss { for via ur records show that you are not currently licensed or certified by the Department as a(n) , and Florida law, Chapterivel(tebuires you to have a license or certification to practice as a(n) . If the above facts are true, they establish probable cause for the Department to believe you are violating Florida law by practicing a regulated profession without the required license or certification. This Notice to Cease and Desist is not final agency action by the Department. If you have any questions, please call the Investigator/Inspector at the number listed below. For information on the law, go to www.leg.state.fl.us/statutes. If you are engaged in the practice of unlicensed activity and do not stop your unlicensed practice, the Department can enforce this Notice to Cease and Desist in circuit court by injunction or writ of mandamus. The Department is giving you this Notice to cease the practice of unlicensed cal estkacksi by without a license or certification so you can follow the law by applying and qualifying for a license or-Certification. Information about licensure may be found online at www.myflorida.com/dbpr. If the Department finds in the future that you have not ceased the unlicensed practice o! jad’, the Department has the authority to issue a citation against you or bring an administrative action and pursue penalties up to $5,000.00 for each incident of unlicensed activity. Please govern your future behavior accordingly. ISSUED this ai day of "ph — _, 12 _, WWanaa Gaia oe By: Investigator/I Con ALIENS PRALIVE GUle LALYL Telephone: B3y -)4b 5 (Field Office) EXHIBIT 7 EXHIBIT PAGE OF. . DBPR-GC Form 001 ORIGINAL-Field FAGE. Revised: 08/12/2008 DBPR v. Jorge Gomez Case No. 2008046413 Administrative Complaint result of the leasing of the Subject Property. 22. Based upon the foregoing, Respondent Jorge Gomez violated Subsection 475.42(1) (a), Florida Statutes, by operating as a broker or sales associate without being the holder of a valid and current active license. WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $5,000 for violations of Chapter 475, Florida Statutes, assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time; or any other relief the Department is authorized to impose pursuant to Chapters 455 and 475, Florida Statutes, and the rules promulgated thereunder.) SIGNED this 30% day of Ages | , 2010. onmeneromncrovemnr SS CHARLIE LIEM, Interim Secretary iDepartment of Business and 4 \ Professional Regulation | Qu Of rp James Patrick Harwood Chief Attorney Assistant General Counsel Fla. Bar No. 425941 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone PCP: 4/29/2010 (407) 317-7260 - Facsimile GALEGAL\probablecause-unlicensed\AC Jorge Gomez.dec 6

Docket for Case No: 10-009996

Issue Date	Proceedings
Feb. 22, 2011	Order Closing File. CASE CLOSED.
Feb. 21, 2011	Motion to Relinquish Jurisdiction filed.
Dec. 15, 2010	Order of Pre-hearing Instructions.
Dec. 15, 2010	Notice of Hearing by Video Teleconference (hearing set for March 1, 2011; 1:00 p.m.; Miami and Tallahassee, FL).
Nov. 05, 2010	Initial Order.
Nov. 04, 2010	Administrative Complaint filed.
Nov. 04, 2010	Election of Rights filed.
Nov. 04, 2010	Agency referral filed.