FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pete 4/24/2013 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-010004 DOMINIQUE JAMES CORPORA, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Dominique James Corpora (Respondent) and alleges: 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, Respondent was licensed as a real estate broker in the State of Florida, having been issued license numbers 3053353, 3231927, and 670025. 3. At all times material, Respondent was registered as the broker of record for Corpora Corporation having been issued license number 1036374. 4. At all times material, the registered license location for Corpora Corporation is 420 Lincoln Road, Suite 225, Miami Beach, FL 33130. 5. Respondent’s address of record is 6362 Collins Ave, Suite 515, Miami Beach, FL 33141. 6. On or about February 3, 2012 Petitioner’s investigator went to the registered license location of Corpora Corporation. 7. On or about February 3, 2012 Petitioner’s investigator discovered that the Corpora Corporation was no longer at its registered location. 8. On or about February 29, 2012 Respondent returned the phone calls of Petitioner’s investigator and an appointment was made with Respondent to come to the Department’s Miami Regional Office on March 15, 2012 with his escrow account bank statements, monthly reconciliation statements, and compensation records for all sales agents. 9, On or around March 15, 2012 Respondent went to the Department’s Miami Regional Office, but Respondent failed to bring the requested documents and records. 10. On or around March 15, 2012 Petitioner’s investigator sent Respondent a letter arranging another meeting and requesting to review Respondent’s monthly reconciliation statements for the past six months, his bank statements, cancelled checks for the past 6 months, his checkbook, deposit book, bank deposit receipts, and his transaction files. 1. On or around March 22, 2012 Respondent rescheduled the appointment for March 26, 2012. 2. On or around March 26, 2012 Respondent rescheduled the appointment for March 27, 2012. 3. On or around March 27, 2012 Respondent wanted to reschedule the appointment again. 4. On or around March 27, 2012 Petitioner’s investigator asked if they could meet so he could see the documents and records Respondent had gathered so far and Respondent refused and asked for another time. 15. As of March 27, 2012 Respondent had not submitted the requested documents and records to Petitioner’s investigator. 16. As of March 27, 2012 Petitioner had failed to notify the Department of any change of address for the physical address for his company, Corpora Corporation. COUNT ONE 17. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through sixteen (16) as though fully set forth herein. 18. Section 475.25(1)(e), 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. 19. Section 475.22(1), Florida Statutes, provides that: Each active broker shall maintain an office, which shall consist of at least one enclosed room in a building of stationary construction. Each active broker shall maintain a sign on or about the entrance of her or his principal office and each branch office, which sign may be easily observed and read by any person about to enter such office. Each sign must contain the name of the broker, together with the trade name, if any. For a partnership or corporation, the sign must contain the name of the firm or corporation or trade name of the firm or corporation, together with the name of at least one of the brokers. At a minimum, the words “licensed real estate broker” or “lic. real estate broker” must appear on the office entrance signs. 20. Respondent violated Section 475.22(1), Florida Statutes, in one or more of the following ways: (a) By failing to maintain an office; and (b) By failing to maintain a sign on or about the entrance of his principal office, which may be easily observed and read by any person about to enter such office. 21. Based upon the foregoing, Respondent violated Section 475.25(1) (e), Florida Statutes, by failing to maintain an office and failing to maintain a sign or about the entrance of the principal office in violation Section 475.22(1), Florida Statutes. COUNT TWO 22. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through sixteen (16), as is fully set forth herein. 23. Section 475.25(1)(e), 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. 24. Section 455.275(1), Florida Statutes, provides that: Each licensee of the department is solely responsible for notifying the department in writing of the licensee’s current mailing address and place of practice, as defined by rule of the board or the department when there is no board. A licensee’s failure to notify the department of a change of address constitutes a violation of this section, and the licensee may be disciplined by the board or the department when there is no board. 25. Respondent violated Section 455.275(1), Florida Statutes, by failing to notify the Department in writing of the current place of practice for Respondent’s company, Corpora Corporation. 26. Based upon the foregoing, Respondent violated Section 475.25(1) (e), Florida Statutes, by failing to notify the Department of the current place of practice for his company, Corpora Corporation, in violation of Section 455.275(1), Florida Statutes. COUNT THREE 27. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through sixteen (16), as is fully set forth herein. 28. Section 475.25(1)(e), 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 475.5015, Florida Statutes, states in relevant part: Each broker shall keep and make available to the department such books, accounts, and records as will enable the department to determine whether such broker is in complaince with the provisions of this chapter. Each broker shall preserve at least one legible copy of all books, accounts, and records pertaining to her or his real estate brokerage business for at least 5 years from the date of receipt of any money, fund, deposit, check, or draft entrusted to the broker, or in the event no funds are entrusted to the broker, for at least 5 years from the date of execution by any party of any listing agreement, offer to purchase, rental property management agreement, rental or lease agreement, or any other written or verbal agreement which engages the services of the broker. 30. Respondent violated Section 475.5015, Florida Statutes, by failing to make available to the department his reconciliation statements, monthly bank statements, and his transaction files after the department asked to inspect these records. 31. Based upon the foregoing, Respondent violated Section 475.25(1) (e), Florida Statutes, by failing to make available to the department his reconciliation statements, monthly bank statements, and transaction files after the department asked to inspect these records in violation Section 475.5015, Florida Statutes. COUNT FOUR 32. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15), as is fully set forth herein. 33. Section 475.42(1) (i), Florida Statutes, states in part, “A person may not obstruct or hinder in any manner the enforcement of this chapter...” 34. Section 475.25(1) (a), Florida Statutes, provides in part that a licensee may be subject to discipline, if the licensee has violated any provision of Section 475.42, Florida Statutes. 34. Respondent violated Section 475.42(1) (i), Florida Statutes, by obstructing or hindering the investigation by failing on several occasions to provide the reconciliation statements, monthly bank statements, and transaction files after the Department asked to inspect these records, and therefore, Respondent has violated Section 475.25(1) (a), Florida Statutes.. WHEREFORE, Petitioner respectfully requests the Florida Responden costs rel Real Estate Commission enter an order imposing one or more the following penalties: suspension or permanent revocation Respondent(s) license(s), restriction of practice, imposition an administrative fine, issuance of a reprimand, placement t(s) on probation, corrective action, assessment and any o ther relief that the Commission deems appropriate. SIGNED this 24°° day of January , 2013. PCP Date: 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 January 14, 2013 PCP MEMBERS: Furst/Ruffier of of of of of ated to the investigation and prosecution of the case, 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: 14-001549PL