STATE OF FLORIDA FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-041095 PETER J. DI FALCO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Peter Di Falco {Respondent}, and alleges: Le Petitioner is the state agency charged with regulating the real estate profession pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455 and 475, 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 624199. Department records indicate a status of Current, Inactive. 3. Respondent’s address of record is 6879 Sw 53° Street, Miami, FL 33155. 4. At all times material toe this complaint, Respondent was the qualifying broker for Di Falco Inc d/b/a Waterhouse Realty, a COPR +. PETER CI FALCO COPE Qsee No. 20L2-041095 Adninistrative Conplaint licensed real estate brokerage, having been issued license number cQ 1006835. Be On or about May 28, 2012, Respondent facilitated a Memorandum To Lease between Joy McKenna (Lessee) and Sergio Esquivel (Lessor). 6. On or about May 28, 2012, Respondent collected an escrow deposit check in the amount of $3,200 (Escrow Deposit) from Lessee. Te On or about May 29, 2012, Respondent deposited Escrow Deposit into a DiFalco Inc account ending with 2670 at Bank Atlantic. 8. Lessee did not execute a lease agreement or take occupancy of the property. 9. On or about June 10, 2012, Lessor communicated toa Respondent a demand upon Escrow Deposit. 10, Respondent did not deliver Escrow Deposit to Lessor. 11. As of October 2012, Respondent continued to hold Escrow Deposit. 22 The Investigative Report in this case indicates the period of investigation was November 29, 2012, through February 5, 2013. 13, On or about January 3, 2013, Respondent told a4 Department investigator that he did not disburse Escrow Deposit COPR +. PETER CI FALCO COPE Qsee No. 20L2-041095 Adninistrative Complaint because he was not sure what to do when the tenant did not occupy the rental. 14, At no time material to this complaint did Respondent notify the Commission of a good faith doubt as to what person is entitled to the accounting and delivery of the Escrow Deposit. 15. At no time material to this complaint did Respondent institute any of the escape procedures set forth in Chapter 475.25(1) (dj1., Florida Statutes. COUNT _I 16. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 15, as though fully set forth herein. 17. Section 475.25({1)(e}, Florida Statutes, subjects a licensee to discipline for “wiolat[ing] any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455,” 18. Rule 6132-10.032(1}{b), Florida Administrative Code (2002), states in pertinent part: A broker, who has a good faith daubt as to whom is entitled to any trust funds held in the broker’s escrow account, must provide written notification to the Commission within 15 business days after having such doubt and must institute one of the settlement procedures as set forth in Section 475.25(1){d)1., F.S., within 30 business days after having such doubt. 19. Respondent violated Rule 61092-10.032{1)(b}, Florida Administrative Code (2002), in one or more of the following COPR +. PETER BL FALCO COPE Qsee No. 20L2-041095 Adninietrative Complaint ways: a. By failing to notify the Commission of a good faith doubt as to whe was entitled to the escrow funds. b. By failing to institute one of the settlement procedures as set forth in Section 475.25{1)(d}1l., Florida Statutes. 20. Based on the foregoing, Respondent violated 61J2- 10.032(1}{b), Florida Administrative Code (2002), by failing to notify the Commission of a good faith doubt as to who was entitled to escrow funds and by failing to institute ome of the settlement procedures as set forth in Section 475.25{1)(d}1l., Florida Statutes and, therefore, violated Section 475.25(1)(e), Florida Statutes. 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. COPR +. PETER CI FALCO COPE Qsee No. 20L2-041095 Adninistrative Complaint SIGNED this 19th day of June, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation Susan Williams Susan Williams Assistant General Counsel Florida Bar No. 367516 Department of Business and Professional Regulation Office of General Counsel 1940 N. Monroe St., Suite 25A Tallahassee, FL 32399-2202 (850) 717-1232 Telephone (850) 617-4412 Facsimile PCP Date: June 19, 2014 PCP Members: Poul Hornsleth/Lee Chotas COPR +. PETER CI FALCO COPE Qsee No. 20L2-041095 Adninistrative Complaint 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 COPR +. PETER CI FALCO OCBPR Case No. 2012-041095 Adninistrative Complaint excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 15-004818PL