Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: PHILOMENA GREGORIAN
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Cocoa, Florida
Filed: Apr. 26, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 15, 2004.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL rect
FLORIDA REAL ESTATE COMMISSION. .
FLORIDA DEPARTMENT OF BUSINESS att
AND PROFESSIONAL REGULATION, sy
DIVISION OF REAL ESTATE,
Petitioner,
vs. FDBPR Case N° 2001532882
PHILOMENA GREGORIAN,
Respondent.
i
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real
Estate (“Petitioner”) files this Administrative Complaint against Philomena Gregorian
(“Respondent”) and alleges:
ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. 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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the
rules promulgated pursuant thereto.
2. Respondent is and was at all times material hereto a licensed Florida real estate broker,
issued license numbers 570691 and 3024803 in accordance with Chapter 475 of the Florida Statutes.
3. The last license issued was as a broker at 1485 North Atlantic Avenue D, Cocoa Beach,
Florida 32931 and with Villages of Seaport Realty Corporation, 120 N. Seaport Blvd., Cape
Canaveral, Florida 32920.
<0 eee rane ee eS A Dt eee
FDBPR v. Philomena Gregorian Case No. 2001532882
Administrative Complaint
4. On or about September 2001, Respondent was registered as a sales associate with
Downs Investment Properties Inc.
5. On or about September 6, 2001, Respondent passed her broker examination.
6. On or about September 11, 2001, Respondent notified the Petitioner that she would be
operating as a broker under her own name. A copy of the notification is attached hereto and
incorporated herein as Exhibit 1.
7. On or about October 4, 2001, Respondent notified Petitioner, that she was operating as
a broker at a new address of 1485 N. Atlantic Avenue Suite D, Cocoa Beach, Florida 32931.
8. On or about October 4, 2001, Respondent certified to the Petitioner that she had notified
her former broker of the change detailed on allegation of facts #6. A copy of the notification is
attached hereto and incorporated herein as Exhibit 3 and 3A.
9. On or about February 13, 2002, as requested by Respondent, Petitioner updated
Respondent’s record to show Respondent is registered as a sole proprietor, effective September 11,
2001.
10. On or about September 11, 2001 throughout October 2001, Respondent did not disclose
to Thomas M. Down, broker for Downs Investment Properties, that she had notified Petitioner of a
change of registered employer effective September 11, 2001.
11. On or about September 11, 2001 throughout October 2001, Respondent, while posing
as an agent for Downs Investment Properties, sold several condominiums. A copy of the list of
contracts is attached hereto and incorporated herein as Exhibit 4.
12. On or about August 3, 2001, Respondent accepted a check for the amount of $4845.00,
from Kathleen Zdrodowski, as deposit for unit V145, at the Village of Seaport. A copy of the
FDBPR v. Philomena Gregorian Case No. 2001532882
Administrative Complaint
notification is attached hereto and incorporated herein as Exhibit 5.
13. On or about August 3, 2001, Respondent accepted a check for the amount of $4845.00,
from Kathleen Zdrodowski, as deposit for unit V145, at the Village of Seaport, and never deposited
the check, as required, in the account of Complainant’s attorney.
COUNT I
Based upon the foregoing, Respondent is guilty of misrepresentation in any business transaction
in violation of Section 475.25(1)(b), Florida Statutes.
COUNT IL
Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in
violation of Section 475.25(1)(d)1., Florida Statutes.
COUNT III
Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real
estate brokerage escrow bank account or some other proper depository until disbursement thereof was
properly authorized in violation of Section 475.25(1)(k), Florida Statutes.
COUNT IV
Based upon the foregoing, Respondent is guilty of having operated as a sales associate for a
person not registered as her employer in violation of Section 475.42(1)(b), Florida Statutes and,
therefore, in violation of Section 475.25(1)(e), Florida Statutes.
COUNT V
Based upon the foregoing, Respondent is guilty of failure to immediately place with the
registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered
employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section
FDBPR v. Philomena Gregorian Case No. 2001532882
Administrative Complaint
475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes.
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
as final agency action finding the Respondent(s) guilty as charged. The penalties which may be
imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the
offense(s), include: revocation of the license or 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 $1,000 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; or
any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and
Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for
violation(s) of Chapter 455 of the Florida Statutes, 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;
FDBPR v. Philomena Gregorian
Administrative Complaint
Case No. 2001532882
injunctive or mandamus relief: imposition of a cease and desist order; or any combination of the
foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code
Rule 61J2-24.001.
LE
SIGNED this
day of Liem Ore
, 2003.
D2 Se
FILED
Dépatiment of Professional Regnlatige
Division of Real Estate
ri
Mb fom
Date
AS/k
PCP: NH/LJ 11/03
Department of Business and
Professional Regulation
By:
Director, Division of Real Estate
ATTORNEY FOR PETITIONER
A. Santana, Senior Attorney
Florida Bar N° 0318360
Division of Real Estate
Department of Business and
Professional Regulation,
Legal Section - Suite N 801
Hurston Bldg. North Tower
400 West Robinson Street
Orlando, Florida 32801-1757
(407) 481-5632
(407) 317-7260 FAX
FDBPR v. Philomena Gregorian Case No. 2001532882
Administrative Complaint
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under Section 120.573 of the Florida
Statutes, 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
matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have
the right, at your option and expense, to be represented by counsel or other qualified
representative in this matter; and that you have the right, at your option and expense, to take
testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces
tecum issued on your behalf if a formal hearing is requested.
PLEASE 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 entry of an appropriate Final Order
which may result in the suspension or revocation of your real estate license or registration.
Please see the enclosed Explanation of Rights and Election of Rights form.
63/11/2681 11:41 14677833712 PHILOMENA PAGE 1
5 . MAKE CHECKS Payaate TO:
FORM 400.5 (12-89) Division ef Real Estate
a? OC NOT SEND Casn
faa a STATE OF FLORIDA
DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION
DIVISION OF REAL ESTATE
Hurston North Tower * (467) 245-0800
400 W. Robinsén St., 2.0. Box 1900, Orlando, FL 32802-1772
REQUEST FOR LICENSE OR CHANGE OF STATUS
** NOTE: FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE **
CHECK ACTION REQUESTED
SECTIONA —fG .
ee “BYR —
KER BROK TESPER OR SALESPERSON RENEWAL
@SOLE PROPRIETO CIBECOME ACTIVE/ CHANGE EMPLOYER RENEWAL BROKER
weccous ACTIVE DBECOME INACTIVE Gactivé DINACTIVE
DBECOME INACTIVE MCHANGE RESIDENCE ADDRESS
OCHANGE BUSINESS ADORESS OADD OWNER ; DEVELOPER RENEWAL SALESPERSON
QOD OR DELETE TRADE NAME CINAME CHANGE , DACTIVE DINACTIVE
OTERMINATE LICENSE
{BROKER SIGNATURE ONLY) ACTIVE STATUS REQUIRES SIGNATURE OF DADD P.A. $30.00
COCHANGE RESIDENCE ADDRESS LICENSEE AND BROKER. DMULTIPLE LICENSE $98.00
SECTION Bs TO SE COMPLETED BY LICENSEE APPLYING FOR CHANGE (PLEASE PRINT OR Type) ——_
1. “License Number: ¢ ? aT i¢ I @ g [ a 2h. 84 —_ 35 ] .
2. Name of Applicant: i Orr) a cr
3 Trade Name of Apoticant (Sole Prapretor/Corp): ole. Don orl nied 20
4. Residence Maing Address: 20 8. BOB REL
City, State and Zip Code: Cocoa Beach EL 32931
B. Business Adcress: J 2.) Nh. Seaport Blvd, CapeCanaveral Fl 22920
B. Are you now of with the Isswance of this Licanse an officer of director of any Asal Estate Brokerage Corporation or mamber of any eel
Estate Brokerage partnership? [} Yes No
H YES. Please show the name and license # of the entity
7, List the name of your last broker/employer or owneplemployer _-Dewns Corporations SETS On Oe
8. Applicant Sin wae Lhidlemenal Mage tein! dave. aleplisaden) Ul 2001.
SECTION C- TO BE COMPLETED BY BROKER/EMPLOYER | _) or NON-LICENSED OWNER/EMPLOYER ( (check one,
THIS SECTION MUST BE BE COMPLETED by Ev THE BROKER/EMOL OVER BROKER/EMPLOVER 16 THE APPLICANT IS REQUESTING ACTIVE SALESPERSON OR TRNAS SALESPERSON STATUS
1. Name of employer: Main License No;
2. Business address:
3. City, State & zip:
Telephone: { __ } —
4. ts the above supervised at a branch office? { } Yes { }.No Branch License No: —_
5. if yes, give address: 2 —r
City, State & zip: ADMINISTRATIVE POMPLAINT.
# a
ape . b> IBi Tr Se eae al
6. *Certification® The licensee named above will ba suatryised By me ior (4 Beng terminated by mae as ahown in Section "A Tabove) pursuant to Chapter 47%,
Plaids Statutes PACE | oF ered
Broker or Non-Licensad Owner Sign Here: Date:
———
FORM 000.5 (7.97) MAKE CHECKS PAYABLE To:
. Division of Real Estate
. STATE OF FLORIDA : DO NOT SEND casy
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION CF REAL ESTATE
Hurston North Tower « (407} 245-0800
400 W. Robinson St. 2.0. Box 1306, Orlando, FL 32802-1772
REQUEST FOR LICENSE OR CHANGE OF STATUS
** NOTE: FEES aRE SUBJECT TO CHANGE WITHOUT NOTICE, **
AS O01 gee aa fa change Of sletus or teumipelan BROKER;
or EL PERS Ey S:
COMPLETE SECTION
W5ecome activa 4 [ Become active 8.0
(jSecome inactive 8 { ]Gecome inactive 8
(iChenge resicence adcrass 8 {Change broker/owner/employer Bc
Change business address 8 {Change legat name BC
{ Change legs! rare 8 Uchanga business address B.C
i]Close business 8 (Change residence sddsass is)
{Terminate employvee/Licensee B.C
{ Receive multpie license a Renew license
400 Trace Nane & (Active: 8.0
[inactive . 8
Renew license
(lActive: 8B : :
(nective: 8 Other :
a
SECOND TOGE COMPLETED BY TERETE GR i Ks| 0]
*. license wumor BK O 5909 ! Telephone: B2}. *Q359
. ¢
Nome ot Appice: Philomena | : an
: an Broker
rey
5. Trade Name of Appilean: active Brokers Onty}:_!
4. RusigencesMailing Audress: 520 2 fevard Ave He 2,35 ;
City, State and Zig Code: CO 2 .
ric. te ip 32931
5. Business Address:
3 ins LcOnse an officer cr director of say Rea: Estate rckeragy Sor PErANSA Or member of
6. Are vou naw or Hmultaneous wih Uie sss
any Rea! Estate Brokerege Partmershin? (Yes Jno
TYES: Please show the name anc Vevnse # of the antity: —__HA a
7, List the name of your tast broker/employer or cwner/en ployer sDownes Corporations an
S CERTIFY THAT | HAVE NOTIFIED MV FOR ER BROKER OF THIS CHANGE, IF APPLICABLE
' . .
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ADMINISTRATIVE COMPLAINT
EXHIBIT #
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in rer .
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EXHIBIT___{2. _PAGE______—~
Ww
/ DEVELOPMENT CONTRACT MANAGEMENI, Lita
py fy 777 North Highway A1A, Suite 201
fi Indialantic, FL 32903
(321 )725-3000 Fax:( 321)676-0792 7
Fax Transmittal
To: Magcneet (TN | K
Company: Divi sions of LEAL eSTATE
From: Tou] Maky ___.
DCM __
Campany:
Dzete: FEB O° O Oo L
——_<—
Tcital Pages Including Cover Sheet:
COMMENTS:
-
er 0. ~~
ADMINISTRATIVE COMPLAINT
EXHIBIT #_S _
sove NOILVeOdsdo SNMOT igure sh
928r F i 7
EXHIEN ds” AGERE! /es
Docket for Case No: 04-001550PL
Issue Date |
Proceedings |
Jun. 15, 2004 |
Order Closing File. CASE CLOSED.
|
Jun. 09, 2004 |
Joint Motion to Abate Respondents` Case (filed by Petitioner via facsimile).
|
May 19, 2004 |
Order of Pre-hearing Instructions.
|
May 19, 2004 |
Notice of Hearing (hearing set for June 25, 2004; 9:00 a.m.; Cocoa, FL).
|
May 05, 2004 |
Joint Response to Pre-hearing Order (filed by Petitioner via facsimile).
|
Apr. 27, 2004 |
Initial Order.
|
Apr. 26, 2004 |
Request for Administrative Hearing filed.
|
Apr. 26, 2004 |
Administrative Complaint filed.
|
Apr. 26, 2004 |
Agency referral filed.
|