fs a bd lass atin ee nr renee ane 00 JAN 25 PH i2: 4 STATE OF FLORIDA Bee Oe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGELAN TNs © FLORIDA REAL ESTATE COMMIS ina " FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner. . : US - eee } cos : ~ coe . so Respondent, - ADMINISTRATIVE COMPLAINT State of Florida. Department of Business and Professional Regulation. Division of Real Estate (hereinafter Petitioner") files this Administrative Complaint against J oseph Mazzucco (hereinafter “Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT |. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0334271 in accordance with C hapter 475, Fi la. Stat. 3. The last license issued was as a salesperson registered with a non-licensed owner and an address of 8669 Via Giulia. Boca Raton, Florida 33496. +. Respondent submitted the fee for the renewal of his license on September 30. 1998. me “FDBPR v. Joseph Mazzucco Case No. 98-85094 Administrative Compiaint s. By notification leter dated November 25, 1998, Respondent was, advised b by Petitioner s on eerecmets oo investigator that his license number had been selected at random for an audit of the education required to comply with Rule 61J2-3.01 15 ). Xo copy of the Jetter 1S attached made a part hereof by reference as Administrative C omplain Exhibit i. 6. (On or about Nov ember 30. 1998, Respondent contacted the ¢ the Education Department and advised him that he had forgotten | to complete his continuing education requirement because of concems over a pending divorce. 7. Respondent submitted proof of having completed his continuing education requirement on December 12, 1998. A copy of the proof is attached hereto, incorporated herein and made a part AREER ee hereof by reference as Administrative C omptaint Exhibit 2. COUNT I Based upon the foregoing. the Respondent has obtained a license by means of fraud, misrepresentation, or concealment in in violation of § 475.25(1)(m), Fla. | COUNT I Based upon the foregoing, the Respondent is guilty of failure to comply with the continuing education requirements of Fla. Admin. Code R. 61J2-3.009 and is, therefore, in violation of § 475.25(1)(e), Fila. Stat. at WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order cation audit coordinator i in i q 4 { 4 i FDBPR v. Joseph Mazzucco Case No. 98-85094 Administrative Complaint -. Lo ; eee las final agency action finding the Respondents guilty as charged The penalties Which may be west imposed for violation(s) of Chapter 475, Fla. ‘Stat. depending u upon the severity of the offense(s), include: revocation of the license or registration or permit: suspension of the license. registration 5 SI, 000 for cach count or offense: imposition ‘of i investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee. registrant or permitee to complete and pass additional real estate education courses: publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla, Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license. registration, or permit; suspension of the license, registration. or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense: imposition of investigative costs: issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses: publication; restriction of practice; injunctive or mandamus relief, imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. ‘or permit for a period n not to exceed ten n (10) years, - Imposition of an administrative fine of Up t to. lai it FDBPR v, Joseph Mazzucco Administrative Complaint SIGNED this Via ey ; ' Deeembier , Case No. 98-85094 seiaggomeas i gun emeoer aga sa Director, Division of Real Estate ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX GC PCP: MPS-LJ 12/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this Bs 7 if FDBPR v. Joseph Mazzucco Administrative Complaint Case No. 98-85094 matter in accordance with Sections 120.569 and 120.57, Fla. Stats that ; , at your option and expense, to be represented by counsel or othe qu { in this matter; and that you have the right, at your option and expen _ to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum ‘issued on your behalf if a formal hearing is requested." as we you have the right, EASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) ; days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entrv of an appropriate Final Order which may result in the suspension or revocatio estate license or registration. P' | Rights form... 2 ae n of your real lease see the enclosed Explanation of Rights and Election of coe pre gira rege pe bo DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION. November 25. 1998 JOSEPH MAZZUCCO 8669 VIA GIULIA , BOCA RATON, FL 334960000 we. ey Oe Sn Be — 28 oe Dear JOSEPH: . - ee ee cpr s Your license number has been selected at random for an audit of the education required to comply with Rule 61J2-3.015(2). By submitting the renewal fee to the Department. you acknowledged compliance of the "C ommission-prescribed education” requirements for your license renewal on 9/30/98. Please submit a copy of your compietion slip, 14 hours. for the above period no later than 14 days from the date of this letter. oo “ : _ Gays trom the date of this letter. All requests for the equivalency for credit courses taken at universities, colleges and community colleges outside of Florida must be accompanied by an official transcript. An official transcript must contain the seal of the institution and the signature of the registrar. Failure to comply with this request within 14 days may result in appropriate disciplinary action being initiated against your license. ‘Please send all replies and questions to the Education Audit Coordinator, Paul Uzialko, Division of Real Estate. 400 West Robinson St., Suite N308. Orlando, FL 32801. (407) 318- 3336 or Fax (407) 317-7281 — Your prompt attention and action will be appreciated. Sincerely, fry Le Lenco Judy S. Smith Investigation Supervisor DMINISTRATIVE COMPLAINT, j il > mi Division or Real Estate Hurston Nertn Tower - 400 W. Robinson Street. Orlando, FLORIDA 32801-1772 Telephone 1407) 245-0800 - Fax 1407) 317-728]. TDD 1-800-955-8771 tir UH CRE TEER EMRE CRE SRI Re Re pee epee uipl oe | Sod i ee ce ede TP app dt tw Va Meet db uber) OPbpeeit phen ehoyy Woeaptor Poona ‘yd O} AIN PLAINT IN t ATIVE CO 5 7 a

Docket for Case No: 00-000425