STATE OF FLORIDA . : ae) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AD, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200182835 MANUEL COLUMBIE, (: U yy «4 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner," and files this Administrative Complaint against Manuel Columbie hereinafter, referred to as "Respondent," and alleges the following: 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 not registered as a real estate broker or salesperson in the State of Florida in accordance with Chapter 475 of the Florida Statutes. 3. Chapter 475.01(1)(a), Florida Statutes states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, FDBPR v. Manuel Columbie Case No. 200182835 Administrative Complaint auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4)(a). 4. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker-salesperson, or salesperson, not including, however, any of the exceptions stated therein. Section 475.01(3), Florida Statutes (1999). 5. No person shall operate as a real estate broker or salesperson in Florida without being the holder of a valid and current active license therefor. Section 475.42(1)(a), Florida Statutes (1999), 6. Respondent is a formerly licensed real estate salesperson. 7. The Florida Real Estate Commission (FREC) revoked Respondent’s real estate license on September 26, 2000. A copy of the final order is attached hereto and incorporated herein as Exhibit 1. 8. On or about February 1, 2001, Efrain and Carmen Alicea (Sellers) contacted Respondent. 9. Sellers and Respondent scheduled a meeting to discuss the sale of Sellers’ real property. FDBPR vy. Manuel Columbie Case No. 200182835 Administrative Complaint 10. On or about February 1, 2001, Respondent attended the meeting with Sellers. 11. Respondent explained the selling process to Sellers. 12. Respondent explained listing agreements; the Century 21 Seller Service Pledge; the Seller’s Real Property Disclosure Statement; and Seller’s Expense Estimate (Documents) to Sellers. 13. Respondent and the Sellers completed the Documents. 14. At this meeting, Respondent held himself out as a licensed real estate agent. 15. On or about February 2, 2001, Respondent presented a real estate contract to Sellers. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker or salesperson without being the holder of a valid and current license as a broker or salesperson in violation of Section 475.42(1)(a), Florida Statutes, and therefore in violation of Section 455.228, 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, 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 FDBPR v. Manuel Columbie Case No. 200182835 Administrative Complaint 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; 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. SIGNED this _,@6 _ day of San , 2008. nt of Business and Professional Regulation by: Ke Lig ; 7 Director, Division of Real Estate —_tpg/02_ = FDBPR v. Manuel Columbie Case No. 200182835 Administrative Complaint ATTORNEY FOR PETITIONER 4 Lorenzo Level, Esquire Florida Bar N° 165123 Senior Attorney, Real Estate Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, FL 32801 (407) 481-5632 (407) 317-7260 FAX 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 Department of Business and Professional Regulation 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. 100000 Final Order No. BPR-99-05165 Date FSS - 9 wd FILED Department of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk By: 4 Z STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION RECE!I VED DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, SEP 1 7 1999 DIVISION OF REAL ESTATE DIVISION OF REAL ESTATE Petitioner CASE NO. 96-83907 vs. DOAH NO. 98-2820 MANUEL COLUMBIE Respondent FINAL ORDER On August 18, 1999, pursuant to ss.120.569 and 120.57(1), Florida Statutes, the Florida Real Estate Commission heard this case to issue a Final Order. Administrative Law Judge Suzanne F. Hood of the Division of Administrative Hearings presided over a formal hearing on March 10, 1999. On June 28, 1999 she issued a Recommended Order, which is adopted by the Florida Real Estate Commission as to all Findings of Fact, Conclusions of Law and Recommendations, a copy of which is attached hereto as Exhibit A and made a part hereof. The Respondent filed Exceptions to Recommended Order and Petitioner filed a Response to the Respondent's Exceptions to Recommended Order. UG, 48S opies of the Exceptions and Response are attached hereto as Exhibits B and = and made a part hereof. S The Commission rejects Respondent's Exception #1 of the Findings of Fact in the Recommended Order. The Commission finds that paragraphs 14 and 16 are based upon competent and substantial evidence. The Commission rejects Respondent's Exception #2 of the Findings of Fact in the Recommended Order. The Commission finds that paragraph 17 is based upon competent and substantial evidence. The Commission rejects Respondent's Exception #3 of the Findings of Fact in the Recommended Order. The Commission finds that paragraph 18 is based upon competent and substantial evidence. Based upon a complete review of the record, the Respondent's Exceptions and Petitioner's Response, the Commission finds that the Respondent violated s.475.25(1)(b), Florida Statutes. Therefore, based upon a complete review of the record and being fully advised, the Florida Real Estate Commission REJECTS all Exceptions filed by Respondent and ADOPTS the Recommended Order. it is therefore ORDERED that the license of Respondent Manuel Columbie be revoked. This Final Order shail be effective 30 days from date of filing with the Clerk of the Department of Business and Professional Regulation. However, any party affected by this Order has the right to seek judicial review, pursuant to s.120.68, Florida Statutes, and to Rule 9.110, Florida Rules of Appellate Procedure. Within 30 days of the filing date of this Final Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation at Suite 309, North Tower, 400 West Robinson Street, Orlando, Florida 32801. At the same JON LG time, 3 copy of the Notice of Appeal, with applicable filing fees, must be filed with the appropriate District Court of Appeal. on) om DONE AND ORDERED this 13™ day of August 1999 in Orlando, = CBlorida. o ww ERTIFICAT AA! | HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to: James H. Gillis, Esquire, James H. Gillis & Associates, 8424 Pamlico Street, Crlando, Florida 32817-1514; to Suzanne F. Hood, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060; and a copy provided to Laura MeGarthy, Esquire, DBPR, Post Office Box 1900, Orlando, FL 32802, this 13 day of Len 1999. JRM:JS Danas Wothir cer UO a4 STATE OF FLORIDA DIVISICN CF ADMINISTRATIVE HEARINGS PRETMENT CF BUSINESS =D E ROFESSICNAL REGULATION, IVISION OF REAL =STATE, ioner, Case No. 38-2820 MANUEL COLUMBIE, Respondent. a RECCMMENDED ORDER This cause came on for formal hearing on March 10, 1999, in Daytona Beach, Florida, before the Division of Administrative Hearings by its designated Administrative Law Judge, Suzanne F. Hood. APPEARANCES For Petitioner: Laura McCarthy, Esquire Department of Business and Professionai Regulation 400 West Robinson Street, Sui Orlando, Florida 32801 a ct (D N-308 For Respondent: James H. Gillis, =squire 8424 Pamiico Street Orlando, Florida 32817-2514 STATEMENT OF THE ISSUES The issues are whether Respondent violated Section (ob), Florida Statutes, and if so, what should be a ‘r iy ct w @ o 'S 19) fs] Q. 0 3 a wo is) & a I 275.2 existence ci 4 sinknole m -=is client. Reszvoendent Petitioner on December 23, 1997. Petitioner re to the Division of idministrative Hearings on June 22, 1998. By crder dated July 15, 1998, the undersigned scheduied the formal hearing for Dctober 20, i998. Subsequently, the December 17, 1998, as the nearing date. Petitioner filed a Motion to Continue on November 20, 1998. The undersigned issued an order dated December 3, 1999, which granted the motion and vescheduled the hearing for March 10, 1999. O re ie oO th a p ad presented the testim six exhibits, which were received After Petitioner rested, Respondent moved to strike che Complaint for failure to ailege facts that would 2 his own behalf and presented the Respondent testi adéitional witnesses. Respondent ciiered five exhibits which were received into evidence. Respondent offered exhibits, relating to license information of non-parties, wnicn were excluded as irrelevant. At the conclusicn cf the hearing, the parties requested permission to extend =the zime for filing their proposed recommended orders tc twenty days after the filing cf the { The Transcript cf the proceeding was filed on May +4, 1999. ders were due =o be filed on May 24, his Proposed Recommended Crder cn May 23, The proposed recommenced o Lal 965. Respondent ed an unopposed Motion for On May 24, i99¢, Petitioner filed ny 4 NDINGS OCF FACT il. Petitioner i ur iE 3 In 1993, Paul & residence "the property”) in Deltena, Florida. Mr. Costello lived in Miami, Florida. He rented the property to tenants who informed him that cracks were developing in the property's driveway. Additionally, the house was settling and cracking. be Mr. Costello subsequently made a claim for the creperty's reported distress cn his homeowner's insurance policy with Republic Insurance Company. The insurance company retained a Geotechnical engineering firm to determine the cause cf the reported distress. 5. The engineering firm made a site visit to the property on August 22, 1993. A visual inspection revealed cracks up to ne and one-half inches wide in the exterior walls of the garage. fe} The engineering firm completed its investigation in September 1993 and concluded zhat the sroperty was subject to si: conditions/activity. 6. Based on che recommendations oi the engineering firm, the insurance company hired grouting contractor. Jeep cement we grout injections and shallcw grouting ‘mudjacking) were serformed tne The bilication effert tock approximately and Janice Beery worked Choice Properties, Inc “oO Jean Gillian, a Choice Properties, gave Ms. Thristenson and Ms. Beery their first employment as real estate sales associates. Because they were new to the real estate profession, Ms. Gillian cirected Ms. Christenson and Ms. 3eery to work aS partners. 8. Respondent was also working at Choice Properties when Ms. Gillian hired Ms. Thristenson and Ms. Zeery. He worked for Choice Properties for several weeks befcre returning to Global Realty as a sales associate. 9. Sometime prior to October 22, 1995, Ms. Christenson received a call from a woman in Orlando. The woman, a friend of Mr. costello's, requested Ms. Christenson to perform a market analysis on the property. 70. Ms. Christenson and Ms. Seery performed the market property. Subsequently, they received permission from Mr. Costello to list the greperty for sale as a multiple 11. Ms. Christenson and “s. S3eery signed a listing nt with Mr. Costello. About that time, or soon conversation with yOd or : Ms. Zillian. Everyone at Ccosituaticn was Rumorcus because whe property was tae Lo = Thristenson Ms. Zeexy 13 Later, Mr. Tostello sent Ms. Christenson & aocument with the name of the georechnical engineering firm. Ms. Christenson then contacted Mike Wilson, a friend who worked in soils engineering. Mr. Wilson contacted the engineering firm and requested that 2 copy of its settlement claim evaluation of the engineering firm's Properties. She inkhole activity to everyone who called about the property. She advised all callers that the report was in the file. After learning about the possible sinkhole activity, veal estate agents would not show the property to their customers. OV Respondent deciined Ms. Christenson's rh repert was in the offer to fax the report t9 Ms. Christenson was surprised to learn that Respondent intended to show the property to Ms. Redding despite the cisclosure about che sinkhole activity. 18. Sometime after the initial phone call, Ms. Beery was outside the office cf Choice Properties smoking a cigarette. Ms. Christenson was with Ms. Beery when Respondent arrived. As he walked into the | Respondent joked about the fact that Ms. Christenson's and Ms. Beery's first listing was on a sinkhole. 19. Respondent showed Ms. Redding four or five houses, including the subject property. After seeing the property, Ms. Redding contacted Respondent to make an offer to purchase it. 20. Respondent srepared a contract for sale and purchase, which Ms. Redding signed on October 22, 1995. Respondent was acting as buyer's agent for Ms. Redding. The contract staves that a deposit in the amount of $100 was held in escrow by "Associated Land Ti upon acceptance by October 30, i995." Respondent included the following language in the contract as an addendum: =o remove branch from roof and soffit where >ranch is chousana Ut 5 Zé Ge fom] [one] : ; CRespondent hand-delivered tne contract for sale and purcnase to 21. Mr. Costello, threucgh Ms. Christenson and Ms. Beery, made a counter offer for a higher purchase price and a $500 deposit. The counter offer eliminated language in the contract addendum related to removal of the branch and repair of the roof. It also deleted the language related to $6,000 cash payment. The offer included an additional addendum to the contract that stated as follows: Buyer acknowledges that there has been disclosure regarding the driveway and previous activity affecting it. Seller reserves the right to leave property on market to entertain offers. Buyer acknowledges property is being sold "AS IS." 22. Ms. Christenson and Ms. Berry asked Ms. Gillian to review the language in the contract addendum before they returned the contract to Respondent. After Ms. Gillian approved the statement, Ms. Christenson and Ms. 3erry returned the contract to Respondent. 23. Ms. Redding only had $100 in cash for a deposit. Respondent offered to loan her the other $400. Ms. Reddin accepted Respondent's offer and signed a promissory note to that etiec ¢t Ms. Redding subsequently paid Respondent the $400 that she cwed him. 24. When Ms. Redding reviewed the counter offer, she asked anguage in the contract addencum ¢10000 that the driveway had been cracked and that a new driveway had been put in. Respondent never discussed possible sinknole activity with Ms. Redding. osed in November 1995. After yvainting () fo 25. The contract the house, Ms. Redding moved in on January 20, 1996. Sometime in March or April of 1996, a friend of Ms. Redding's asked her if she knew she had purchased a home on a sinkhole. Ms. Redding then discovered that all of her neighbors were aware of the problem. 26. Ms. Redding contacted Richard Meyer, a professional geologist who works for the Volusia County Environmental Management Department. Mr. Meyer inspected the property in August 1996 and on three subsequent occasions. 27. In the meantime, Ms. Redding contacted Ms. Christenson and Ms. Beery. They told Ms. Redding that they had advised Respondent about the sinkhole activity prior to Ms. Redding's purchase of the property. Ms. Gillian showed Ms. Redding a copy of the engineering report from the property's file at Choice Properties. Ms. Gillian gave Ms. Redding a copy of the report. 28. Ms. Redding showed the engineering report to Mr. Meyer on one of his visits. Mr. Meyer determined that the property definitely was subject to sinkhole activity. He concluded that the property was a "slow sinking hole." 29. Ms. Redding did not contact Respondent after sne hat coint in S&S fom) 30. One day Ms. Redding heard a loud crunch as she was a @poing into her garage. She asked the fire department [oO inspect Ghe property to determine whether it was safe as a4 dwelling. The th ire department determined that the property was not safe for habitation. 31. Ms. Redding moved cut cf the house and had it demolished in October 1996 after the fire department condemned it. Ms. Redding's insurance company "totaled" the property. CONCLUSIONS OF LAW 32. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.569 and 120.57(1), Florida Statutes. 33. Petitioner has the burden of proving by clear and convincing evidence that Petitioner violated Section 475.25(1) (b), Florida Statutes. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987). 34. Section +:75.25(1)(b), Florida Statutes, states as th cllows, in pertinent part: (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a period not exceeding 10 years; may revoke a license, registration, or permit; May impose an administrative fine not to exceed $1,000 for each count or separate offense; and may issue a reprimand, and any or all cf the foregoing, if it finds that the licensee, registrant, permittee, or applicant: i) (b) Has 5 misrepres promises. by trick, UG os3 110000 35 negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated 4 guey imposed upen by law or by the terms ci a listing contract, written, oral, express, or implied, in a real estate transaction; nas aided, assisted, or conspired with any cther person engaged any such miscenduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial n to the guilt of the licensee that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim cr sntended victim was a customer cr a person in confidential relation with the licensee cr was an identified member of the general public. Respondent is a salesperson within the meaning of Section 475.01(k), Florida Statutes, which states as follows: 36. (k) "Salesperson" means a person who performs any act specified in the definition of "broker," but who performs such act under the direction, control, or management of another person. A salesperson renders a professional service and is a professional within the mean of s. 25.11(4) (a). Section £75.61(£), Florida Statutes, defines the term "ficguciary" as follows: (£) "Piduciary" means a broker ina relationship of trust and confidence between that broker as agent and the seller or buyer as principai. The duties of the broker 4s fiduciary loyalty, confidentiality, obedience, full disclosure, and accounting and the cut diligence. use skill, care, and (1) “Single agent" means a broker who a one) represents, as a fiduciary, either, the buyer Oo or seller Sut not soth in the same © transaction. (ome) on 38. At all times materiai to this proceeding, Respondent was acting as a singlie-agent salesperson for Ms. Redding, a puver. He knew the property was subject ‘oO possible sinkhole activity. He breached his fiduciary duty to Ms. Redding by ing to disclose the possibility of sinkhole activity as a latent material defect on the property. Instead, he concealed the existence of the possibie sinkhole ’ activity when Ms. Redding .quired about the contract addendum langzage regarding the driveway and previous activity affecting 39. Respondent replied to Ms. Redding's inquiry by telling her that the language in the contract addendum related only to cracks in the driveway, which had been replaced. Respondent's response amounts to intenticnal misrepresentation and dishonest 40. Respondent breached the trust that Ms. Redding placed in kim when he failed to examine the contents of the engineering reper: confirming the sinkhole activity, which he knew was in the prererty's file at Choice Freperties. Even if Respondent was not rh a J ty preached his duty to Ms. Redding by failing to use 2 met its purden of proving by clear and £10000 Respondent violated Section a QO is} < de ~) uy mn cr iT) fa ral ct oO wn 42. Rule 6102-24.001(3) (c), Florida Administrative Code, provides that the following applies for violations of Secrion 475.25(1)(b), Florida Statutes, absent mitigating or aggravating circumstances: In the case of fraud, misrepresentation and dishonest dealing the usual action of the Commission shall be to impose a penalty of revocation. In the case of concealment, false promises and false pretenses, the usual action to the Commission shall be to impose a penalty of a 3 to 5 year suspension and an administrative fine of $1,000. In the case of culpable negligence and breach or trust, the usual action of the Commission shall be to impose a penalty from a $1,000 fine to a 1-year suspension. 43. Rule 61032-24.001(4) (b), Florida Statutes, states that aggravating or mitigating circumstances include, but are not limited to the following: (a) the severity cf the offense; and ‘b) the degree of narm to the consumer or public. In this case, these two factors serve as aggravating circumstances. There are no mitigating circumstances. RECOMMENDATION Based on the forgoing Findings of Fact and Conclusions of Law, it is RECCMMENDED: That Estate Commission entér a final order SA \\ ~ N w\ SS Aedin nes Wake SUZANNE F F HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.dGoah.state.fl.us 3910000 Filed with the Clerk of the Division of Administrative Eearings this ost day cf June, 1999. ENDNOTE */ The three excluded documents were included in the record as proffered evidence. They are identified as R6, R7, and RB. COPIES FURNISHED: Laura McCarthy, Esquire Department of Business and Professional Regulation Suite N-308 400 West Robinson Street Orlando, Florida 32801 James H. Gillis, Esquire 8424 Pamlico Street Orlando, Florida 22817-1514 Herbert S. Fecker, Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 22802-19200 William Woodyard, ral Counsel Departmen and Protess ion 2940 Nort Street Tallahassee, Por: Ga 22259-0792 be obey NOTICE OF RIGHT TO SUBMIT EXCEPTIONS 810000 All parties have the right to submit written exceptions within 15 days from the date of to this Recommended Order should be filed with the agency that will issue the Final Order in this case. uy this Recommended Order. Any exceptions 610000 RECEIVED STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JUL 1 2 7999 FLORIDA DEPARTMENT OF BUSINESS DIVISION OF REAL ESTATE AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, DOAH Case N° 98-2820 Petitioner. VS. FDBPR Case N° 96-83907 MANUEL COLUMBIE, - ee Respondent. a3 / EXCEPTIONS TO RECOMMENDED ORDER Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge Suzanne F. Hood conducted a formal hearing in the above-styled case on March 10, 1999, being at 10:00 A.M., at the Daytona Beach Regional Service Center, Conference Room, 210 North Palmetto Avenue, Daytona Beach, Florida. On June 28, 1999, an erroneous Recommended Order was filed in the matter. In accord with Subsection !20.57(1)(k), Florida Statutes. the Flonda Reai Estate Commission shall allow each party fifteen (15) days, 1e., July 12, 1999, in which to submit written exceptions to the Judge’s Recommended Order. It is respectfully suggested that the Flonda Real Estate Commission Chairperson and members each very carefully review the substance of the allegations contained in Administrative Complaint, and then compare the record of the formal hearing and the noted exhibits received in evidence by the Administrative Law Judge in this matter, adopt the Respondent’s exceptions and be othenvise fully advised prior to taking final agency action dismissing this cause. Respondent's exceptions are as follows: LAW OFFICES OF JAMES H. GILLIS & ASSOCIATES. Pa « 8426 PAMLICO STREET. © ORLANDO. FLORIDA 22817-1514 TELEPHONE ($071681-9300 TELECOPIER i4971681-9301 9 OICE MAIL :407) 872-9283 020000 FDBPR,. DRE vs. Mamei Columbie DOAH Case N° 98-2820 Respondent's Excepuon To Recommended Order July 12. 1999 - Page 2 RESPONDENT'S EXCEPTION ONE 1. Respondent takes exception to the Judge's Findings of Fact Number 14 and 16 which findings only states that Ms. Christenson “disclosed the possible sinkhole activity to everyone who called (her) about the property. She advised all callers that (called her) the report was in the file.’ There is no testimony from Ms. Christenson in the record conceming the date and time that the Respondent had allegedly called Ms. Chnstenson, rather the witness referred to the same as the “date in question” only and the Petitioner glossed over the date with “T don’t know the date.” (Hearing Transcript page 42. line 21 through page 43. line 14) The wimess didn’t know the date and the Petitioner didn’t know the date because there was no call to Ms. Chnstenson from the Respondent. The testimony concerning the purported conversation was either a confused recollection or out-and-out perjury on the part of the wimess, The Respondent clearly recalled and so testified that he located the real property listing in the Multiple Listing Service printout and had called Choice Properties on a “Saturday morning” (July 21, 1995). He further provided undisputed testimony that he had talked only with Choice Properties’ employee “J. D. Smith ... the rental manager” who replied to the Respondent's property available :nquiry with only, * I don’t know. ... | don’t know if it’s still available or not. ... .”. The Respondent did not speak to anyone else at Choice Properties during his initial inquiry concerning the MLS listing and just as there was no sinkhole disclosure on the MLS data sheet there was no sinkhole disclosure to the Respondent at any time by Ms. Chnstenson or any Choice Properties employee as Ms. Christenson had erroneously testified. (Hearing Transcript page 198, line 16 through page 199, line 15) Additionaily, there 1s no allegation of fact that anvone informed Respondent Columbie of the sinkhole problem. gus: LAW OFFICES OF 5 120000 FDBPR, DRE vs. Maruel Columoie DOAH Case N° 98-2820 Respondent's Exception To Recommended Order July 12. 1999 - Page 3 RESPONDENT'S EXCEPTION TWO 2. Respondent takes exception to the Judge's Findings of Fact Number 17 in that there was no allegation in the Administrative Complaint that any employee of Choice Properties or anyone else had disclosed the “sinkhole problem” to the Respondent. Paragraph 8 of the Administrative Complaint alleges only that “seller disclosed (to the Witness Ms. Christenson) that the property had experienced sinkhole problems and provided (the Witness Ms. Chnistenson} with a settlement claim evaluation detailing the sinkhole problems the property had experienced.” (Administrative Complaint. paragraph 8) In Paragraph 9 of the Administrative Complaint comes “Respondents {clearly meaning only Respondents Gillan and Christenson) never disclosed the sinkhole problem to buyer, either verbally or in writing. There was no disclosure on the contract.” 't is improper to base a recommended penalty on findings of fact which concer issues not alleged in the Administrative Complaint. The Flonda Real Estate Commission should not continue to allow such deficient pleadings and findings to be “rubber- stamped” and thereafter used as a bases for a Final Order. Allowing any such “legal product” as this to go uncorrected will oniv serve to dish up the FREC to additional professional reducible and disrespect. Simply stated. the Respondent Manual Columbie was not alleged in the Administrative Complaint to have been informed of the sinkhole problem by either the employees of Choice Propemies or the seller or anyone else. RESPONDENT’S EXCEPTION THREE 3. Respondent takes exception to the Judge's Finding of Fact Number 18 as the testimonies of Ms. Christenson and Ms. Beerv are patently inconsistent concerning the while- smoking-a-cigarette-outside-the-uffice-chance-meetng. On or about September 29, 1997, during UG 1) oro ORLANDO. FLORIDA 32817-1514 L .307}672-9283 S.P.A. » 3424 PAMLICO STREET. LECOPSIER .497) 681-9301 VOICE LAW OFFICES OF JAMES H.G TELEPHONE €c 0000 FDBPR. DRE vs. Mamiel Columbie DOAH Case N° 98-2820 Respondent’s Exception To Recommended Order July 12, 1999 - Page 4 an interview by Petitioner's Investigator Pierce, Witness Ms. Beery stated that she could not remember when Respondent was first informed but it was during a conversation in front of the Choice Properties’ office. (Testimony of Janice Beery, Hearing Transcript Page 77, lines 14- 25) In a prepared notarized statemem three (3) month later, Janice Beery claimed that Respondent Columbie had been first informed by Witness Ms. Christenson by telephone and that she, Janice Beery had overheard the conversation. (Respondent’s Exhibit 11) At hearing, in an attempt to rehabilitate the pnor inconsistent statements, Witness Ms. Beery testified that she remembered “standing outside talking with Mr. Columbie and Shawna about this sinkhole ... ” and that was “after the telephone conversation.” (Testimony of Janice Beery, Hearing Transcript Page 97, lines 5-10) Ms. Redding testified that “the folks at Choice Realty, namely Shawna Christenson, Janice Beery, and the broker” told her “they provided Mr. Columbie a copy of the report about the sinkhole.” (Testimony of Ms. Redding, Hearing Transcript Page 121, lines 14-18) Witness Ms. Christenson stated that she had not faxed the report to Respondent (Hearing Transcript Page 44. lines 10-11) and she testified that she had not attached a copy to the executed sale contract at any time (Hearing Transcript Page 47, line 7-13) and that she, in fact. did not provide a copy to Respondent at any time and that she was not aware that anyone else did. (Hearing Transcript Page 48. line 9-13) (It should be no surpnise that the Petitioner did not allege that Respondent had been informed of the sinkhole problem in its Administrative Complaint for there was no evidence or other indication that he had, in fact. been told about anything other than the new dnveway.) Respondent had no reason to 0 to the office of Choice Properties other than to delivery the buver’s offer which he did by dropping it off there in an envelope left with the receptionist, - UO OG + 3424 PAMLICO STREET. + ORLANDO. FLORIDA 32817-1514 PIER (407) 681-9301 “SOICE MAIL (407) 672-8283 LAW OFFICES OF JAMES H. GILLIS TELEPHONE '407) 681-8300 fom] © FDBPR. DRE vs. Manuel Columbie DOAH Case N° 98-2820 © Respondent's Exception To Recommended Order July 12, 1999 - Page 5 © 8S Lucy Rodriquez and asking that it be delivered Shawna (Ms. Christenson.) (Hearing Transcript Page 200. line 1-16) CONCLUSIONS Attempting to make findings of fact and then recommendations based upon those finding of facts concerning allegations which have not been made in the Administrative Complaint cannot been allowed to stand. The Petitioner went about unsuccessfully seeking evidence concerning an essential allegation which had not made. The Recommended Order, just as the Administrauve Complaint, is seriousiy flawed. The exceptions listed above should be adopted and this matter dismissed with further agency action. Respondent requests the Florida Real Estate Commission to review this matter in its entirety and reject the noted recommended findings of facts, conclusions of law, and the recommended penalty based upon a lack of essential allegation and dismiss this case. Attorney at Law Counsel for Respondent "AMES H. GILLIS & ASSOCIATES. P.A + 3424 PAMLICO STREET. + ORLANDO, FLORIDA 22817-1514 TELEPHONE (4071 681-9300 CP #3071881-$301 “YOICE MAIL (407) 672-9233 LAW OFFICES CF FDBPR. DRE vs. Manuel Columoie DOAH Case N® 98-2820 Respondent's Exception To Recommended Order July 12. 1999 - Page 6 CERTIFICATE OF SERVICE 420000 | HEREBY CERTIFY that a true and correct copy of the above RESPONDENT’S EXCEPTIONS TO RECOMMENDED ORDER has been provided to: Laura McCarthy, Esquire, Senior Attorney, Florida Division of Real Estate. Legal Section, 400 West Robinson Street, Orlando, Florida 32801-1772 by hand-delivery this 12th day of July, 1998. Gillis, Esquire Attomey at Law Flonda Bar N° 162115 James H. Gillis & Associates, P.A. 8424 Pamlico Street Orlando, Florida 32817-1514 (407) 681-9300 (407) 681-9301 FAX COUNSEL FOR RESPONDENT JHG/pmG3 ce: Clerk, DOAH ATTN., Administrative Law Judge Suzanne Hood CLATES.P.A. * 8424 PAMLICO STREET. + ORLANDO. FLORIDA 22817-1534 0 TELECOPIER 307)681-S221 9 VOICE MAIL '407) 672-9283 LAW OFFICES OF JAMES TELE. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION §c0000 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, DBPR Case No. 96-83907 vs. DOAH Case No. 98-2820 MANUEL COLUMBIE, Respondent. — / PETITIONER'S RESPONSE TO RESPONDENT'S EXCEPTIONS TO RECOMMENDED ORDER Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, through undersigned counsel, hereby responds to Respondent's exceptions to the recommended order filed herein, and states: 1. Respondent first takes exception to Findings of Fact numbers 14 and 16. Finding of Fact Number 14 states, in its entirety: Ms. Christenson placed a copy of the engineering firm's report in the property's file at Choice Properties. She disclosed the possible sinkhole activity to everyone who called about the property. She advised all callers that the report was in the file. After learning about the possibie sinkhole activity, real estate agents would not show the property to their customers. uu. fon) © This finding of fact is supported by competent. substantial evidence in the transcript of fans) mihe formal hearing. (T 39, 41, 63, 72.140). Finding of fact number 16 states, in its oy entirety: On or prior to October 22, 1995, Respondent telephoned Ms. Christenson to inquire about the property. He told Ms. Christenson that he had a client (Ms. Redding) who was a Social Security recipient and really needed a home. Respondent was interested in the property because it was within Ms. Redding's price range and had an assumable mortgage. This finding is also supported by competent, substantial evidence in the transcript. (Petitioner's Exhibit 7/Respondent's Exhibit 11; T 42-44; 56, 58-59, 74, 81, 141). Respondent argues that he testified otherwise, therefore the Commission should not adopt these findings of fact. However, the administrative law judge ("ALJ") is the trier of fact in this matter. An administrative agency may not reject the [administrative law] judge's findings of fact unless there is "no competent, substantial evidence from which the finding could reasonably be inferred.” Ferris v. Austin, 487 So.2d 1163, Fla. 5th OCA 1986) citing Heifetz v. Department of Business Reg., 475 So.2d 1277 (Fla. 1st DCA 1985). Therefore, findings of fact 14 and 16 should be adopted. 2. Respondent also asks that finding of fact number 17 be rejected. Finding of fact number 17 states, in its entirety: Ms. Christenson disclosed the possible sinkhole activity to Respondent. She told him that the engineering firm's report was in the file. Respondent declined Ms. Christenson's offer to fax the report to him. Ms. Christenson was surprised to learn that Respondent intended to show the property to Ms. Redding despite the disclosure about the sinkhole activity. This finding is supported by the transcript as well. (T 42-44). i) £20000 Respondent contends that the finding should be rejected because the administrative complaint in this matter did not specifically state that Respondent was tolc by Ms. Christenson that the sinkhole problems existed. Whether the administrative compiaint specifically alleges that Ms. Christenson disclosed the sinkhole activity to Respondent is irrelevant to the finding of fact by the ALJ. §120.60(5), Fla. Stat. requires that an administrative complaint provide "reasonable notice to the licensee of facts or conduct, which warrant the intended action." Contrary to Respondent's assertions, paragraph 9 of the administrative complaint refers to all respondents. This is clear as the allegations which do not refer to all respondents state the particular respondent(s)' individual name(s). The ALu's finding is supported by competent, substantial evidence, and is not outside of the matter of whether Respondent knew or should have known of the sinkhole activity, and whether Respondent breached his fiduciary duty to Ms. Redding. It should be adopted in its entirety. 3. Respondent takes exception to finding of fact number 18, which states, in its entirety, that: Sometime after the initial phone call, Ms. Beery was outside the office of Choice Properties smoking a cigarette. Ms. Christenson was with Ms. Beery when Respondent arrived. As he walked into the office, Respondent joked about the fact that Ms. Christenson's and Ms. Beery's first listing was ona sinkhole. This finding is also supported by the transcript. (T 82, 86, 96-97). Respondent is attempting to rearque issues already argued to and rejected by the ALJ. Because the finding is supported by competent, substantia! evidence, it should be adopted in its entirety. 820000 CONCLUSION Both the administrative complaint and the recommended order are in compliance with all applicable statutes. Neither is flawed as Respondent claims. Undersigned counsel respectfully requests that the ALJ's recommended order be adopted in its entirety, and Respondent's license revoked. Respectfully submitted, / DY Z aura McCarthy : Deputy Chief Attorney Florida Bar No. 0973610 DBPR Division of Real Estate P. O. Box 1900 Ortando, Florida 32802-1900 (407) 481-5632 COUNSEL FOR PETITIONER CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. S. mail to James H. Gillis, Esq., attorney for Respondent, 8424 Pamlico Street, Orlando, Florida, 32817, this SOK day of Quy. 4 , 1999. 000 i) SO 6 STATE OF FLORIDA DEPARTMENT CF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA CEPARTMENT CF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. FDBPR Case N& 96-83907 97-80936 MANUEL COLUMBIE, 97-80937 JEANNE D. GILLAN AND SHAWNA LEE CHRISTENSON, Respondents. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Separv2ent of Business and Professicnal Regulation, hereinarter referred to as "Petitioner," and files this Administrative Complaint against Manuel Columbie, Jeanne 5. Gillan, and Shawna Lee Christenson hereinafter referred co as "Pespondents," and alleges “ne following: ESSENTIAL ALLEGATIONS OF HATERIAL FACT 1. Petitioner is a state sovernment Licensing and regulatery agency charged with Tne responsibility and duty to prosecute Administrstive Complaints pursuant +o the laws cf the State of Florida, in particular § 20.165, Fla. Stat., Chapters 2120, 455 and 475, Fla. Stat., and the ruies promulgated pursuant thereto 2. Respondent ‘fanvel columbie is and was 4t all times 114) o A or] v7 oO " iz] iy " (0 p oy {b ti) a pn a Lit) wn o [o it) n 'S ite) a in oO a material hereto a licen issued license number 7467661 i accordance Manuel Colump:e Case No. 96-63907 rative Complaint 3. Respondent Jeanne °. Gillan is and was at all times material hereto a licensed Flcrida real sstate broker,. issued license number 0161812 in accordance with Chapter 475, Fla. Stat. The itast license issued was 4s 4 broker-salesperson without a current employer and an address cf €57 Little River Loop #228, Aitamente Springs, Filor:ce Ti7is. 4. Respondent Shawna tee Christenson is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0627291 in accordance with Chapter 475, Fla. Stat. The last license issued was 2s a salesperson without a current employer and an address cf S11 W. Fern Drive, Orange city, Florida 232763. 3. On or about Novemoer 19, 1995, Paul Costello (“seller”) entered into a sale/purchase égreement ‘“csontract”) with Barbara Redding (“buyer”) to purchase 2558 N. Collingswood, Deltona, Florida, (‘preperty”)- Copy cf contract is attached hereto, incerporated herein and made 2 part hereor by rererence «65 istrative Complaint Exhibit 2. 5. At all times materiazi heretc, Respondent Colompie was Manuel Colump:e Case No. Administrative Complaint On or 2bout August 21, 2995, seller signed an exclusive listing egreement with Respondents Gillian and Christenson. At that time, seller disclosed that had experienced sinkhole problems, Christenson with a settlement 36-B3907 che property and provided Respondent claim evaluation detailing the sinkhole eroeblems the property nad experienced. Copy of settlement claim evaivation is attacned hereto, incorporated herein and made @ part hereof by reference 4S Administrative Complaint Exhibit 2. 9. Respondents never disclosed the sinkhole problem to buyer, either verbal or in writing. There was 0 disclosure on the contract. 10. Buyer questicned Respondent Colompie as <9 tne for mentioning setivity” affecting tne driveway in addendum to tne conirsct, (0 ir] simply that che sell had srevious problems with tne reasons tune Respondent Ssolombie told suyer that had been repaired. COUNT = Based upon =ne fcregoing, Respondent Columpie is cuilty of misrepresentaticn, sr creach cf crust in any business Transact =a @uty imposed by aw in violation ct § . Gey G4 ; : : p.- 260000 DBPR v. Manuel Columpie Case No. 26-63907 Raministrative Compia: COUNT If Based upon tne foregoing, Respondent Shawna Lee Christenson is guilty of misrepresentation, culpable negligence, or sreach of trust in any business transa tion and violation of a duty imposed py law in violation cf § 475.25({1) (Db), Fla. Stat. COUNT IIT Based upon the ‘foregor:nd, Respondent -eanne >. Gillan is guilty of failure 7s preperly supervise salespersons as required by § 475.01, Fla. Stat. and therefore in violation of § 475-25(1)(e), Fla. Stat. WHEREFORE, Petiztioner respectfully requests the Florida Real Estate Commission <2 :ssue 2 Final Order és final agency action finding the Responcent(s) sulity as charzed. The penalty for each count or separate offense vay range from 4 reprimand; an administrative fine not <9 exceed $5,000.00 per violation; probation; suspens-:cn of license, registration or permit for a period not to exceed ten (10) years; ~evocation cf the License, registration cr permit; ana eny cone er 2ll of the spove renaities as croviced for =v § 455.227 end § 475.25{1), Fla. Stat. and Fla. C0000 ’ 3 Case No. 26-83907 SJ) ge y-™M bee 1997. : a) th SIGNED this .2©: day wy eo . FARRELL, Secretary aoaren Departafent of Business and : ee . Pro Ssional Regulation Dencersrey ot Ge femme nd Some by:’ Henry M. Solares tre Pola Seb: Director, Division of Real / Vs Estate Athtt Daw re ' U Af 2147 tat PNEV © PETITTONE? Laura Mccarthy Florida Bar N@& 0973610 Senior Attorney Department ef Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 22801-1772 (407) 481-5632 (407) 317-7260 FAX 10/30/97 LM/k PCP: HF/TN 11/97 NOTICE TO RESPONDENTS PLEASE BE ADVISED that sediation under § 120.573, Fla. Stat, is not available for administrative disputes invoiving this type of agency action. ; PLEASE EE ADVISED that +f you do not file an Election of Rights form or some cther responsive pleading with the Petitioner within 21 days of receipt cf this Administrative Complaint, the Petitioner will file with ‘se Florida Real Estate Commission a soticn seeking a Final order finding you in default and revoking veur license, registration, certificate, and permit. Please see the encicsed Explanaticn cf Rights and Election of Righ . . - ) peTimoncn's - EXHIIT 5 a ; UU. tea nn ae senr OF iy N APPROVED BY THE FLORIDA ASSOCIA™N OF REALTORSe AND THE FLORIDA BAR. ' =a THIS FOR? .S BEE cannes: “few 7 Coe “erro cSamch a __ pre in LM REDE A FFD Bru 0 cum Prowrer, at elev boee Vial bene! ENAU ben BNO Ouver Brae NCLUDE Stannaras 10r Feat esiaie svansacuons «> 27onot 1 DESERIPNON: Alasa : Btn Bbc K 28S lve 1a} Lege: Qeacrevon G Real Procery wcnieo © Louney, Frome: A. ie a 27 ida FSF = Ae FLO A CLL IMS Sar “ Traber BAG PeTsOna: FIODETY ICOueCaweN TICIRGY | VOON ww vomcwand Helin ana CONGMONE, Cur the 1OnGwene Nea aN0 noers ano sonenna 10 wee Conwac mo Save wen Aurore | CONE 1 On Ine reverts sce oF sflacned neve: LEO bee el 1 OOE ee ed? PLL Ah lk bt i FO me Deee rete en a PURCHASE PRICE ... heen eneenapes a -. — om Z PAYMENT: - - Leer creF2d /omd {Laas ality, Ld (at Decosa nerd m escrow Ov (0) Aoamona: escrow 08008K aniren cays anor Effecuva Date tas Comned im Paregrapn iit} 1 @e armen of _. 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X, RIDERS: (CHECK tose noes eracn are scommon AO ary anacres 10 rue Cormrpcir ta) O COASTAL CONSTRUCTION CONTROK UNE RIDER c)O FHAWA RIDER wd 10) U CONDOMINIUM RIDER 10 INSULATION RIDER mo |e) J FOREIGN WWVESTMEN! IN REAL PROPERTY Tar ACT RIDER "y STASIS RIDER. re) TL ASSUGNABILITY [CHECK CNLY ONE! Buseod{ mas asngn anc inerwoy Be hemased 170m any KunNer eapuuly Unoe ne CONIRCT. J May ABBA DVL MO! De Teewanend 1 nga ret CONIA: BU may no: aamon iin Conc. XI TME: Time a 0: me ensence of Ins Conia KML DISCLOSURES: Burer 1CHECK ONLY ONE) acinowmanes. oF 4 Goee nox ecanowrecge tecewi Ol Ine AQeney RaGOrvE neIQy-EMOeNEY Rating Comoenne Lon Prope ues Expense Ui$GOkun FYETING ANd £ SODMCADIE Ine MBNOSIOTY NOMmOmTED ASLOCM UCN OADOEINOS. 22 BUYER'S INITALS KIV, MAXIMUM REPAIR COSTS Saver anas no 00 response bo Ine ORyhers O COTU H) excoee of. wit OO or yeaenar: ang tpoas unoes Sianoara O 1! 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SUNDAY OF & Ga RORGAY snae emane fo > OO Pm re nec owes O8N DOCUMENTS FOR CLOSING: Sener enae turn ine ewo, Dui oF saw coneenecnan ro" Gems Owner § DOLEBEMON ANGE assconmens OF anes fener ano MOOI etio0001 “nern ano CDIECIe FTRIIUMANIh Durer Nal Kran GOWNG BIAeTIET TMONGROS MONOROS ene, ReCUINY ACIFEMerE BNO INENONG saterrnerts CRP ENSES. 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Docket for Case No: 04-003689

Issue Date	Proceedings
Jan. 24, 2005	Order Closing File. CASE CLOSED.
Jan. 13, 2005	Motion to Relinquish Jurisdiction (filed by Petitioner).
Nov. 19, 2004	Notice of Hearing (hearing set for January 20, 2005; 10:30 a.m.; Deland, FL).
Oct. 18, 2004	Petitioner`s First Request for Admissions to Respondent Manuel Columbie (filed via facsimile).
Oct. 18, 2004	Joint Response to Initial Order (filed via facsimile).
Oct. 13, 2004	Initial Order.
Oct. 12, 2004	Petitioner`s First Request for Admissions to Respondent Manuel Columbie (not legible) filed.
Oct. 12, 2004	Election of Rights filed.
Oct. 12, 2004	Administrative Complaint filed.
Oct. 12, 2004	Agency referral filed.