FILED

0..putmeat of !lusiness and Professional Rqulation

Deputy Agency Clerk

CLERK Brandon Nichols

Date 2/22/2019

Re# 2019-01476

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI FLORIDA REAL ESTATE COMMISSION

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

Petitioner,

Case No. 2016-018731

Case No. 2016-018069

vs.

ALICIA FAITH KING ,

Respondent.

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AMENDED FINAL ORDER

THIS CAUSE was heard by the Florida· Rea l Estate Commission at a regularly scheduled meeting held in Orlando, Florida, on December 12, 2018.

The Final Order in this case was issued after a hearing at the Division of Administrative Hearings conducted pursuant to section 120.57(1), Florida Statutes. The Recommended Order and Final Order were not favorable to the Respondent, and she appealed the Final Order to the First District Court of Appeal.

During the pendency of the appeal it became apparent that when the Petitioner presented the Recommended Order to the Commission several of· the exhibits admitted at hearing were not provided. As a result, the appellate court relinquished jurisdiction to the Commission "for. the purpose of permitting the

Filed February 22, 2019 3:07 PM Division of Administrative Hearings

lower tribunal to review the entire record and issue an amended final order, if necessary." King v. Dept. of Bus. And Prof'l Reg., Case No 1D18-3528, (Fla. 1s t DCA Oct. 25, 2018).

At the meeting, counsel for the Petitioner, James Fortunas, Deputy Chief Attorney, and Respondent's counsel, Daniel Villazon, did not ask the Commission to consider the missing exhibits and rehear the Recommended Order but rather asked the Commission to consider an alternate resolution to the case.

Upon consideration of the parties' request, the documents submitted in support thereof, the arguments of the parties, and otherwise being fully advised in the premises the Commission imposed the following terms:

The 1 year suspension required in the original Final Order is eliminated; Respondent is required to attend three Commission meetings within six months of the issuance of this Amended Final Order, with each meeting being at least two days long; Respondent is required to pay a fine of $2,000.00 and costs of

$3,234.00.

This Final Order becomes effective when filed with the Clerk of the Department of Business and Professional Regulation.

DONE and ORDERED this J!l   day of

For Florida Real Estate Co ission By Lori Crawford

EXECUTIVE DIRECTOR

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 REGULATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED 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 has been provided by U.S. Mail to Alicia Faith K ng, c/o Edward Iturralde, 2910 Kerry Forest Parkway, 04-204, Tallahassee, FL 32309; Daniel Villazon, Esquire, 3728 Major Boulevard, Suite 535, Orlando, Florida 32819; and by interoffice mail to Department of Business and Professional Regulation, Division of Real Estate, 400 West Robinson Street, Suite 801,

North Tower, Orlando, Florida 32801-1757, on this day of

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Docket for Case No: 17-003961PL

Orders for Case No: 17-003961PL