STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,

Petitioner,

vs.

HENRY ALBERTO LOZANO,

Respondent.

/

FINAL

THIS MATTER came before the FLORIDA REAL ESTATE COMMISSION

(Commission) at a duly-noticed public meeting on July 19, 2005 in Orlando, Florida, for consideration of the Recommended Order of the Administrative Law Judge and entry of a Final Order.

Respondent was not present by was represented by Michael G. Nichols, Esquire. Petitioner was represented by James P. Harwood, Esquire. After a complete review of the record in this matter, including consideration of the Recommended Order, the Original Administrative Complaint, the transcript of the proceedings below, Petitioner's Recommended Order, mitigating or aggravating circumstances, the Commission makes the following findings and conclusions:,

FINDINGS OF FACT

The facts set forth in the Recommended Order are approved, adopted and incorporated herein by reference by the Commission as

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Filed November 7, 2019 10:59 AM Division of Administrative Hearings

the Facts in this case. There is competent, substantial evidence to support these facts.

CONCLUSIONS OF LAW

The conclusions of law set forth in the Recommended Order are approved, adopted, and incorporated herein by reference by the Commission as the conclusions of law in this case. The violations

; set forth warrant disciplinary action by the Commission.

PENALTY

In consideration of the foregoing findings of fact and conclusions of law, the Commission accepts the penalty recommended by the Administrative Law Judge.

It is THEREFORE ORDERED AND ADJUDGED that:

1. Respondent's license shall be suspended for a period of ten (10) years.

2. Respondent is fined $1000 and must pay administrative costs of $165.00, to be paid within 30 days of the effective date of this Final Order by mail to: The Florida Division of Real Estate, 400 W. Robinson Street, Suite 801, Orlando, Florida 32801-1757..

This Order shall become effe tive upon filing with the Clerk

of

DONE AND ORDERED this

Director,

Division of Real Estate

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NOTICE·OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES, REVIEW PROCEEDINGS ARE GOVERNED,BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE

AGENCY CLERK OF THE DEPARTMENT OF BUSINESS AND PROFESSIONAL

'I

REGULATION AND A SECOND COPY, ACCOMPANIED BY FILING.FEES RESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE

APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail to: Henry Alberto Lozano, c/o Michael G. Nichola, Esquire, 800 N. Ferncreek Avenue, Orlando, Florida 32803, and by inter-office mail to James P. Harwood, Esquire, Department of Business and Professional Regulation, Florida Real Estate Commission, 400 W. Robinson Street, Suite 801, North Tower, Orlando, Florida 32801-1757; Barbara Edwards, Assistant Attorney General, Office of the Attorney

General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, this day of ft-pr{ l / 200/ 7

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Docket for Case No: 04-002375PL

Orders for Case No: 04-002375PL