Deputy Agency Clerk CLERK —_Evelle Lawson-Proctor Date 7/29/2019 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2017-028442 MARC SIRKIN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Marc Sirkin (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 Complaint, Respondent was licensed as a real estate sales associate in the State of Florida, having been issued license number SL 3291785. 3. Respondent’s address of record is 6365 Collins Avenue, #4502, Miami Beach, FL 33141. 4. At all times material to this complaint, Respondent was registered as a sales associate with Epicurean Homes Realty LLC, (Brokerage), a real estate company in the State of Florida, having been issued license number CQ 1032390. 5. On or about December 11, 2014, Respondent executed a short term lease agreement between Respondent and Randy Gepp (Tenant) for real property located at 6365 Collins Avenue, #4502, Miami Beach, FL 33141 (Subject Property). 6. At all times material to this complaint, Respondent had an ownership interest in Subject Property. 7. The terms of the contract specified that Tenant would pay Respondent the following rental fees: $120.00, Application Fee; $2,500.00, Advance Rent; $1,250.00, Security Deposit; $4,995.00, First (March 2015) Month’s. ao op 8. In furtherance of renting Subject Property, Tenant remitted $6365.00 to Respondent via electronic funds transfer. 9. On or about February 6, 2015, Respondent cancelled the short term rental transaction with Tenants, prior to Tenants taking possession of Subject Property. 10. | Tenants demanded the return of their rental fees. 11. Respondent returned $4275.00 of the rental fees to Tenants. 12. Respondent to date has failed to account and deliver the balance of Tenant’s rental fees, estimated to be $2,090.00. COUNT ONE 13. This is an action for violation of Section 475.25(1)(b), Florida Statutes. 14. _ Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 15. Section 475.25(1)(b), Florida Statutes, subjects a real estate licensee to discipline for committing: [F]raud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction... . 16. Based upon the foregoing, Respondent violated 475.25(1)(b), Florida Statutes. COUNT TWO 17. This is an action for violation of section 475.25(1)(d), Florida Statutes. 18. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 19, A licensee is in violation of Section 475,25(1)(d), 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 value, 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. 20. Based on the foregoing, Respondent violated Section 475.25(1)(d), 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 license, restriction of practice, imposition of an administrative fine, issuance of a Teprimand, placement of Respondent 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. SIGNED this 22"! day of July, 2019. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: Roger Maas Roger Maas Assistant General Counsel Florida Bar No. 128296 Office of the General Counsel Division of Real Estate Department of Business and Professional Regulation 2601 Blair Stone Rd. Tallahassee, Florida 32399 (850)717-1210 Telephone PCP Date: July 18, 2019 PCP MEMBERS: Hornsleth/Fisher 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 request. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of the receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING THE 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: 19-004667PL