Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT pate 1/24/2013 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-012573 LINDA FIORELLO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against LINDA FIORELLO, (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 and the rules promulgated pursuant thereto. 2. At all times material to this case, Respondent was licensed as a real estate sales associate in the State of Florida, having been issued license number 659087. 3. Respondent’s address of record is 401 North Riverside Drive, Apt #408, Pompano Beach, Florida 33060, 4. At all times material to this case, Respondent was a sales associate registered with Luxury Realty Partners, Inc., a licensed real estate corporation. 5. At all times material to this case, Brian Davis was the qualifying broker for Luxury Realty Partners, Inc. 6, On or about April 29, 2010 Jennie Pollio (Complainant) delivered $40,000 in cashier checks to Luxury Realty Partners, Inc, 7. The cashier checks were made payable to Luxury Partner Realty. 8, On or around May 4, 2010 Respondent deposited the cashier checks into a Wachovia account for Luxury Property Management LLC ending in 4431. 9. Respondent was the registered agent and president of Luxury Property Management LLC before it became inactive. 10. On or around January 20, 2011 Complainant entered into contract for the sale and purchase of a property located at 10861 Royal Palm Blvd, Coral Springs, Florida 33065 as the buyer. 11. The contract for sale and purchase stated the $40,000 escrow deposit was to be held by Luxury Property Mgt. Escrow, 12. Respondent never placed the $40,000 escrow deposit with Brain Davis, the broker for Luxury Realty Partners, Inc. 13. The transaction failed to close. 14. A release and cancellation of contract for sale and purchase to disburse the $40,000 escrow deposit to Complainant was signed on June 24, 2011. 15. As of August 30, 2011 Complainant has yet to receive the return of her escrow deposit from Respondent. COUNT ONE 16. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15) as if fully set forth herein. 17. Section 475.25(1)(k), Florida Statutes, subjects a licensed sales associate to discipline if they fail to “immediately place with her or his registered employer any money, fund, deposit, check, or draft entrusted to her or him. by any person dealing with her or him as agent of the registered - employer licensee.” 18. Respondent violated Section 475.25(1) (k), Florida Statutes, when she failed to immediately place the $40,000 escrow deposit with her registered employer and instead placed the funds into the account of Luxury Property Management LLC. 19. Based upon the foregoing, Respondent violated Section 475.25(1) (k), Florida Statutes by failing to place an escrow deposit with her registered employer, COUNT THO 20. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15) as if fully set forth herein, 21. Section 475,25(1) (dj), Florida Statutes, in relevant part, subjects a licensee to discipline for: Failfing] to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft, abstract of title, mortgage, conveyance, lease, or other document or thing of value[.] 22, Respondent violated Section 475.25(1) (d), Florida Statutes, by failing to timely deliver the $40,000 escrow deposit to Complainant after the release and cancellation of contract for sale and purchase was signed. 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. (SIGNATURE PAGE TO FOLLOW] SIGNED this 24th day of January , 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation Joshua Newell Kendrick Joshua Newell Kendrick Assistant General Counsel Department of Business and Professional Regulation Florida Real Estate Commission Florida Bar No. 0056129 Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL, 32399-2202 (850) 717-1229 - Telephone (850) 921-9186 - Facsimile PCP Date: _ January 14, 2013 PCP MEMBERS: Furst/Ruffier NOTICE OF RIGHTS 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 advised that 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106,2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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.

Docket for Case No: 13-001995PL