FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 7/8/2020 STATE OF FLORIDA Pale DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2020-001954 PEDRO B. GONZALEZ, a/k/a Peter B. Gonzalez, d/b/a Related International Realty, LLC, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner or Department) files this Administrative Complaint before the Florida Real Estate Commission (Commission) against PEDRO B. GONZALEZ (Respondent), a/k/a Peter B. Gonzalez, d/b/a Related International Realty, LLC, and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165 and Chapters 120, 455, and 475, Florida Statutes. 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 3316346. 3. Respondent’s address of record is 1041 SW 143 Place, Miami, Florida 33184. 4. At all times material hereto, Respondent was and is registered the Department as an employee of with Related International Realty, LLC (RI Realty), a licensed real estate corporation in Florida, having been issued license number CQ 1057287. 5. On or about December 26, 2017, Respondent organized RI Realty with the Florida Division of Corporations as his alter ego, and, at all times relevant hereto, represented himself as RI Realty’s owner, operator, member, and/or manager. 6. Jeffrey M. Glickman (Glickman), a Florida licensed broker, having been issued license number BK 3432904, is the qualifying broker for RI Realty. 7. Glickman does not maintain an escrow account for RI Realty and does not allow employees of RI Realty to accept escrow funds under any purchase contract. 8. On or about July 18, 2019, Respondent, as CEO of RI Realty, as Seller, and Juan Francisco Ramirez (Ramirez), as Vice President, and on behalf, of Nodus Finance, LLC (Nodus), as Buyer, entered into an “‘AS IS’ Residential Contract For Sale And Purchase” (Contract 1) of real property located at 10140 E Calusa Club Dr., Miami, FL 33186-2344. 9. That same day, and pursuant to Paragraph 2(a) of Contract 1, Nodus remitted a check to Respondent in the amount of $30,000.00, payable to RI Realty, as earnest money deposit (EMD). 10. Respondent failed to deposit the EMD funds received pursuant to Contract 1 with his registered employer. 11. Rather, on July 19, 2020, Respondent deposited the EMD funds received pursuant to Contract | into a financial account controlled by Respondent. 12. On or about August 7, 2019, Respondent, as CEO of RI Realty, as Seller, and Ramirez, as Vice President, and on behalf, of Nodus, as Buyer, entered into an “‘AS IS’ Residential Contract For Sale And Purchase” (Contract 2) of real property located at 4182 SW 188" Ave., Miramar, FL 33029-2764. 13. That same day, and pursuant to Paragraph 2(a) of Contract 2, Nodus wired EMD funds in the amount of $36,000.00 to Respondent. 14. Respondent failed to deposit the EMD funds received pursuant to Contract 2 with his registered employer. 15. Rather, Respondent’s wire instructions provided to Nodus resulted in the EMD funds remitted pursuant to Contract 2 being deposited into a financial account controlled by Respondent. 16. On or about August 26, 2019, Respondent, as CEO of RI Realty, as Seller, and Isidro Roberto Luna (Luna), as Buyer, entered into an ‘““AS IS’ Residential Contract For Sale And Purchase” (Contract 3) of real property located at 936 SW 180" Ter., Pembroke Pines, FL 33029-4423, 17. On August 20, 2019, and pursuant to Paragraph 2(a) of Contract 3, Luna wired EMD funds in the amount of $25,000.00 to Respondent. 18. Respondent failed to deposit the EMD funds received pursuant to Contract 3 with his registered employer. 19. Rather, Respondent’s wire instructions provided to Luna resulted in the EMD funds remitted pursuant to Contract 3 being deposited into a financial account controlled by Respondent. 20. On or about September 18, 2019, Respondent, as CEO of RI Realty, as Seller, and Luna, as Buyer, entered into an “‘AS IS’ Residential Contract For Sale And Purchase” (Contract 4) of real property located at 10836 SW 75" St., Miami, FL 33173. 21. On September 19, 2019, and pursuant to Paragraph 2(a) of Contract 4, Luna wired earmest money deposit (EMD) funds in the amount of $25,000.00 to Respondent. 22. Respondent failed to deposit the EMD funds received pursuant to Contract 4 with his registered employer. 23. Rather, Respondent’s wire instructions provided to Luna resulted in the EMD funds remitted pursuant to Contract 4 being deposited into a financial account controlled by Respondent. 24. On November 5, 2019, after Respondent/RI Realty failed to perform on Contract 3 and Contract 4, Luna emailed Respondent demanding return of the EMD funds under both contracts, totaling $50,000.00. 25. Respondent failed to account and deliver the $50,000.00 total EMD funds received from Luna pursuant to Contract 3 and Contract 4. 26. On November 12, 2019, after Respondent/RI Realty failed to perform on Contract 1 and Contract 2, Jose G. Suarez, General Manager of Nodus emailed Respondent demanding return of Nodus’s EMD funds for both contracts, totaling $66,000.00. 27. On November 19, 2019, Respondent emailed Ramirez/Nodus, in response to the demand for return of the EMD funds for Contract 1 and Contract 2, that “Once that [sic] the wire have [sic] been processed, I will inform you and provide confirmation.” 28. Respondent failed to account and deliver the $66,000.00 total EMD funds teceived from Nodus pursuant to Contract 1 and Contract 2. COUNT ONE 29. This is an action for violation of Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.15, Florida Statutes. 30. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-eight (28) as though fully restated herein. 31. Section 475.25(1), Florida Statutes, authorizes the Commission to impose any of the penalties sought herein if the Commission finds that Respondent has violated any of the provisions of Chapter 475, Florida Statutes, or any lawful order or rule issue under the provisions of Chapters 455 or 475, Florida Statutes. 32. Section 475.25(1)(e), Florida Statutes, subjects a licensee to discipline if the licensee “[h]as violated 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.” 33. Section 475.15, Florida Statutes, requires in pertinent part that: Each partnership, limited liability partnership, limited liability company, or corporation which acts as a broker shall register with the commission and shall renew the licenses or registrations of its members, officers, and directors for each license period. 34. Based on the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.15, Florida Statutes. COUNT TWO 35. This is an action for violation of Section 475.25(1)(d)1, Florida Statutes. 36. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-eight (28) as though fully restated herein. 37. Section 475.25(1), Florida Statutes, authorizes the Commission to impose any of the penalties sought herein if the Commission finds that Respondent has violated any of the provisions of Chapter 475, Florida Statutes, or any lawful order or rule issue under the provisions of Chapters 455 or 475, Florida Statutes. 38. A licensee is in violation of Section 475.25(1)(d)1, Florida Statutes, if the licensee engaged as described in said Section, as follows: 39, Statutes. 40. 41. 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. Based on the foregoing, Respondent violated Section 475.25(1)(d)1, Florida COUNT THREE This is an action for violation of Section 475.25(1)(k), Florida Statutes. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-eight (28) as though fully restated herein. 42. the penalties sought herein 1f the Commission finds that Respondent has violated any of the provisions of Chapter 475, Florida Statutes, or any lawful order or rule issue under the provisions Section 475.25(1), Florida Statutes, authorizes the Commission to impose any of of Chapters 455 or 475, Florida Statutes. 43. A licensee is in violation of Section 475.25(1)(k), Florida Statutes, if the licensee engaged as described in said Section, as follows: Has failed, if a broker, to immediately place, upon receipt, any money, fund, deposit, check, or draft entrusted to her or him by any person dealing with her or him as a broker in escrow with a title company, banking institution, credit union, or savings and loan association located and doing business in this state, or to deposit such funds in a trust or escrow account maintained by her or him with some bank, credit union, or savings and loan association located and doing business in this state, wherein the funds shall be kept until disbursement thereof is properly authorized; or has failed, if a sales associate, to immediately place with her or his registered employer any money, fund, deposit, check, or draft entrusted to her or him by any person dealing with her or him as agent of the registered employer. 44. Based on the foregoing, Respondent violated Section 475.25(1)(k), Florida Statutes. WHEREFORE, Petitioner requests the Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s license, restriction of practice, imposition of administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief the Commission deems appropriate. SIGNED this 17th day of June, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/Delhon Braaten Delhon Braaten Assistant General Counsel, Division of Real Estate Florida Bar No. 1019342 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399-2202 (850)717-1232 Delhon.Braaten@MyF loridaLicense.com Contact Information: Please call Nadia Hamade at (850) 717-1771 or email at Nadia.Hamade@mpyfloridalicense.ccom for further information. All correspondence should include the above referenced case number. PCP Date: 06/17/2020 PCP MEMBERS: Sanchez/Ellis 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 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: 20-004793