Osceola FL Administrative law and Real estate Lawyers

12-001220PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CRAIG H. BUTTERFIELD (2012)

Division of Administrative Hearings, Florida Filed: Apr. 06, 2012

Whether Respondent violated section 475.624(15), Florida Statutes (2010), as alleged in the Administrative Complaint; and if so, the appropriate penalty.1/Department failed to prove by clear and convincing evidence that Respondent did not use reasonable diligence in the preparation of an appraisal.

08-003898PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs ANDREW S. MELTZER (2008)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2008

Whether the Respondent, Andrew S. Meltzer, committed the violations alleged in the Administrative Complaint involving the standards for the development of or the communication of real estate appraisals and, if so, what penalty should be imposed.Respondent failed to review entire sales contract, including addendum for seller`s concessions, failed to report complete MLS history, and made other errors and omissions in violation and USPAP. Recommend a 30-day suspension, probation, fine and costs.

17-003961PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs ALICIA F. KING (2017)

Division of Administrative Hearings, Florida Filed: Jul. 14, 2017

The issues in these two cases are whether Respondent violated provisions of chapter 475, Florida Statutes (2015),1/ regulating real estate sales brokers, as alleged in the Administrative Complaints, by (1) failing to return a rental deposit to a potential tenant; (2) serving as the qualifying broker for Friendly International Realty, Inc. (“Friendly”), but failing to actively supervise Friendly’s operations and/or sales associates; failing to preserve Friendly’s transaction records and escrow account documents; and (4) acting in a manner that constitutes culpable negligence or a breach of trust. If there was a violation, an additional issue would be what penalty is appropriate.Pet. proved that Resp. violated ch. 475, by failing to return a deposit to a person entitled; failing to supervise sales associates; & failing to preserve records, warranting an assessment of admin. fines and suspension of her real estate broker license.

17-003989PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs ALICIA F. KING (2017)

Division of Administrative Hearings, Florida Filed: Jul. 17, 2017

The issues in these two cases are whether Respondent violated provisions of chapter 475, Florida Statutes (2015),1/ regulating real estate sales brokers, as alleged in the Administrative Complaints, by (1) failing to return a rental deposit to a potential tenant; (2) serving as the qualifying broker for Friendly International Realty, Inc. (“Friendly”), but failing to actively supervise Friendly’s operations and/or sales associates; failing to preserve Friendly’s transaction records and escrow account documents; and (4) acting in a manner that constitutes culpable negligence or a breach of trust. If there was a violation, an additional issue would be what penalty is appropriate.Pet. proved that Resp. violated ch. 475, by failing to return a deposit to a person entitled; failing to supervise sales associates; & failing to preserve records, warranting an assessment of admin. fines and suspension of her real estate broker license.

16-005873 AMBEY SINGH vs FLORIDA REAL ESTATE COMMISSION (2016)

Division of Administrative Hearings, Florida Filed: Oct. 11, 2016

The issue in this matter is whether the Florida Real Estate Commission may deny Petitioner’s application for a license as a real estate sales associate, and, if so, whether it is appropriate to do so based on the underlying facts.The Commission established factual and legal basis to deny Petitioner's application for a real estate sales associate license, however, based on the evidence, the Commission should exercise its discretion and grant Petitioner's application for licensure.

14-004147PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs LINDA FIORELLO (2014)

Division of Administrative Hearings, Florida Filed: Sep. 05, 2014

Whether either Respondent violated the provisions of chapter 475, Florida Statutes,1/ regulating real estate sales associates, as alleged in the administrative complaints, and if so, what sanctions are appropriate.Real estate sales associates violated chapter 475, Florida Statutes, including failure to return a deposit to a person entitled, as set forth in the administrative complaints, and should be assessed administrative fines and have their licenses revoked.

12-001969PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION vs THERESIA MARIE HELTON (2012)

Division of Administrative Hearings, Florida Filed: Jun. 01, 2012

The issues in this case are whether the allegations of the Amended Administrative Complaint are correct, and, if so, what penalty should be imposed.Failure to account for rental proceeds received on behalf of property owners warrants revocation of license.

13-002042PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs THERESIA M. HELTON (2013)

Division of Administrative Hearings, Florida Filed: Jun. 04, 2013

The issues in this case are whether, and how, the Florida Real Estate Commission (FREC) should discipline the Respondent, Theresia Helton, on charges that she: failed to account and deliver rental payments and deposits; was culpably negligent and in breach of trust in her dealings regarding rental property; failed to escrow rental payments and deposits; failed to properly reconcile her escrow account; and failed to make transaction agreements and bank statements available for inspection.DPBR proved that Respondent, whose licenses had been suspended for similar offenses, violated several statutes and rules and should be revoked.

11-001084PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs RONALD C. HORMES (2011)

Division of Administrative Hearings, Florida Filed: Feb. 28, 2011

The issue in this case is stated in three counts set forth the Administrative Complaint1/: Count I, whether Respondent, Ronald C. Hormes ("Hormes"), is guilty of violating section 475.624(15), Florida Statutes (2008),2/ by failing to exercise reasonable diligence when preparing or developing an appraisal report; Count IV, whether Hormes is guilty of obstructing an investigation in violation of section 475.626(1)(f); and Count V, whether Hormes is guilty of failing to properly and adequately supervise a registered trainee appraiser in violation of section 475.624(4); and Florida Administrative Code Rule 61J1-4.010.The agency proved one of three counts by clear and convincing evidence; recommend penalty of $1,000 and two years' probation.

11-006007F VICTOR JESUS MONZON vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE (2011)

Division of Administrative Hearings, Florida Filed: Nov. 22, 2011

Whether Petitioner, Victor Jesus Monzon (Mr. Monzon), should be awarded attorney's fees and costs pursuant to section 57.111, Florida Statutes (2011). Because of a stipulation reached by the parties, the only issues are (1) whether Mr. Monzon qualified as a "small business party," and (2) whether the Department of Business and Professional Regulation (the Department) was "substantially justified" in initiating the disciplinary proceedings against Mr. Monzon that culminated in DOAH Case No. 10-9926PL.Costs and fees denied because agency was substantially justified in bring administrative complaint and because petitioner failed to prove his status as a small business party.

Daniel Villazon