AGENCY CLERK STATE OF FLORIDA Ronda t. Bryan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pete 7/25/2013 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-011996 MARIO RODRIGUEZ, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, (“Petitioner”), files this Administrative Complaint before the Florida Real Estate Commission against MARIO RODRIGUEZ, (“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 630149. 3. Respondent’s address of record is 1464 Washington Avenue, Miami Beach, FL 33139. 4. At all times material, Respondent was the qualifying broker for Imobilia of South Beach LLC, (“Imbobilia”), a licensed OIE OB PSE EE EEOC D real estate brokerage corporation in the State of Florida, having been issued license number 1037355. 5. On or about April 24, 2012, Petitioner’s investigator conducted a scheduled office inspection at Imobilia. 6. Respondent failed to make monthly reconciliation statements for Imobilia’s funds intended for escrow available to the investigator. 7. At that time, Respondent was depositing funds intended for escrow into a non-escrow account. 8. On or about May 15, 2012, Petitioner’s investigator again conducted a scheduled office inspection at Imobilia. 9, Respondent again failed to make monthly reconciliation statements for Imobiiia’s funds intended for escrow available to the investigator. 10. The investigator found that as of April 30, 2012, Respondent’s bank records reflected a $4,326.31 shortage of sales funds intended for escrow. 11. The investigator found that as of April 30, 2012, Respondent’s bank records reflected a $4,510.21 shortage of rental funds intended for escrow. COUNT ONE 12. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. | { j i 5 ELE eC ee 13. 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. 14. Rule 6132-14.010(1), Florida Administrative Code, states in relevant part: Every broker who receives from sales associates, principals, prospects, or other persons interested in any real estate transaction, any deposit, fund, money, check, draft, personal property, or item of value shall immediately place the same in a bank, savings and loan assocaition, trust company, credit union or title company having trust powers, in an insured escrow or trust account. 15. Respondent violated Rule 6132-14.010, Florida Administrative Code, and therefore Section 475.25(1)(e), Plorida Statutes, by failing to keep and maintain funds intended for escrow in an escrow or trust account. COUNT TWO 16. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. 17. 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. 18. Rule 6192-14.012(2), Florida Administrative Code, states in relevant part: Once monthly, a broker shall cause to be made a written statement comparing the broker’s total liability with the reconciled bank balance of all trust accounts. 17. Respondent violated Rule 6132-14.012, Florida Administrative Code, and therefore Section 475.25(1)(e), Florida Statutes, by failing to monthly reconcile funds intended for escrow. {SIGNATURE PAGE FOLLOWS] WHEREFORE, Petitioner respectfully requests the Florida 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 Respondent(s) on probation, corrective action, assessment of of of of of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. SIGNED this 15°? day of July , 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation Joshua Newell Kendrick, By: Joshua Newell Kendrick Assistant General Counsel Florida Bar No. 56129 Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399 Telephone: (850) 717-1229 Joshua. kendrick@myfloridalicense.com PCP Date: July 15, 2013 PCP MEMBERS: Enzor, Guju EE LCE LO EESTI Oe 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, oer 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: 14-002064