FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 9/24/2045 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-025522 GEMINI REALTY & INVESTMENTS, INC., Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against GEMINI REALTY & INVESTMENTS, INC., (Respondent Corporation) 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. Respondent Corporation is licensed as a real estate corporation in the State of Florida, having been issued license number CQ 1035689. 3. Respondent Corporation’s address of record is 7351 Lake Worth Road, Lake Worth, FL 33467. 4. At all tmes material to this Complaint, Respondent Corporation’s registered broker was Mireille Hevey (Hevey), a real estate broker having been issued license number BK 3035264. 5. On or about October 1, 2014, Respondent Corporation’s license status became involuntary inactive, active. 6. On or about December 3, 2013, Dale Dye (Dye), a potential buyer, gave Hevey a check for $6,000.00, made payable to Respondent Corporation, as an escrow deposit. 7. On or about December 12, 2013, Dye gave Hevey a check for $4,000.00, made payable to Respondent Corporation, as an escrow deposit. 8. On or about August 7, 2014, Dye entered into a sale and purchase agreement for the purchase of a property located at 5382 Rivermill Lanc, Lake Worth, FL 33463 (Subject Property), with Hevey as the Buyet’s Agent. 9. On or about December 15, 2014, Dye closed on Subject Property. 10. Respondent Corporation failed to provide the $10,000.00 in escrow funds for the closing on Subject Property. 11. ‘To date, Respondent Corporation has failed to return any of Dyc’s cscrow funds. 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. 13. A licensee is in violation of Section 475.25(1)(d)1., Florida Statutes, if the licensee: Has failed 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 valuc, including a share of a real estate commission if a civil judgment relating to the practice of the licensee’s profession has been obtained against the licensee and said judgment has not been satisfied in accordance with the terms of the judgment within a reasonable time, or any secret or illegal profit, or any divisible share or portion thereof, which has come into the licensee’s hands and which is not the licensee’s property or which the licensee is not in law or equity entitled to retain under the circumstances. 14. Respondent Corporation violated Section 475.25(1)(d)1., Florida Statutes, by failing to provide the return of Dye’s escrow funds upon closing. COUNT TWO 15. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. 16. Section 475.42(1)(a), Florida Statutes, provides: A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. 17. Respondent Corporation violated Section 475.42(1)(a), I'lorida Statutes, by operating without being the holder of a current, active license. WHEREFORE, Petitioner respectfully requests that 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 _16 day of _September , 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: s/Megan S. Lloyd Megan S. Lloyd Assistant General Counsel Division of Real Estate Department of Business and Professional Regulation Florida Bar No.: 115518 Office of the General Counsel 1940 N. Monroe Street, Ste. 25A Tallahassee, FL, 32399 (850) 717-1499 - ‘Telephone (850) 617-4412 - Facsimile PCP Date: 9/14/2015 PCP MEMBERS: _Enzor/Hornsleth 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 FURTHER 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. 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 the Respondent in addition to any other discipline imposed.

Docket for Case No: 16-000582