OX S\ UD ty STATE OF FLORIDA Ly DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~* &> FLORIDA REAL ESTATE COMMISSION oy, /y SOLU FLORIDA DEPARTMENT: OF BUSINESS . yoy AND PROFESSIONAL REGULATION, “4p Ra Oe DIVISION OF REAL ESTATE, ; We “kp Petitioner, v. : FDBPR Case N° 2008005323 MARTA M. COMAS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Marta M. Comas("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 sales associate, issued license number 680721 in accordance with Chapter 475 of the Florida Statutes. H:\ac\comas.doc FDBPR v. Marta M. Comas Case No. 2008005323 Administrative Complaint 3. The last license issued was as a sales associate at Amen Realty, Inc., 711 SW 15th Avenue, Miami, Florida 33135. 4, Respondent was a Florida licensed mortgage broker having been issued license number MB 9812976 on June 16, 1997. See Exhibit 1. 5. On March 2, 2000 the Florida Department of Banking and Finance filed an Administrative Complaint against the Respondent. See Exhibit 1. 6. On August 16, 2000 Respondent signed a stipulation stating that she did not dispute the alleged facts and she agreed to an informal hearing. See Exhibit 1. 7. Following an Informal Hearing, a recommended order issued by the Florida Department of Banking and Finance made the following findings of fact: A) On or about January 12, 1999, Respondent, in the capacity of a mortgage broker, accepted a $2,000 check from a client, and told her that it would be deposited in an escrow account. See Exhibit 1. B) Respondent altered this check by inserting the words “and/or Marta M. Comas” as a payee, and deposited the check into her personal bank account. See Exhibit 1. C) Respondent advised her client in writing that the check has been deposited with Genesis Title Services Corp. At the time H:\ac\comas.doc 2 FDBPR v. Marta M, Comas Case No. 2008005323 Administrative Complaint Respondent wrote this letter she knew that Genesis Title Services Corp. was not in receipt of the check. See Exhibit 1. 8. On or about June 25, 2001 Respondent’s Mortgage Broker's license was revoked by the Florida Department of Banking and Finance. See Exhibit 1. COUNT ONE Based upon the foregoing, Respondent is guilty of having had a registration suspended, revoked, or otherwise acted against in any jurisdiction in violation of Section 475.25(1) (s), Florida Statutes. . COUNT TWO Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1) (b), 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 H:\ac\comas.doc . 3 FDBPR v. Marta M. Comas Case No. 2008005323 Administrative Complaint 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; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 6132-24.001. 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 H:\ac\comas.doc. 4 FDBPR v. Marta M. Comas Case No. 2008005323 Administrative Complaint Administrative Code Rule 61032-24.001. SIGNED this]\p day of , 2008. oN Department of Business an Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate Visitas oF Prog : Division af Re ATTORNEY FOR PETITIONER Jason W. Holtz Senior Attorney Florida Bar N° 304890 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 /k PCP: JDR/GS 9/08 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 allowed by law, a hearing to be conducted in this matter in accordance with _ Hi\ac\comas.doc 5 FDBPR v. Marta M. Comas Case No. 2008005323 Administrative Complaint 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. H:\ac\comas.doc 6 DBF F 00! -Z%0 . age | STATE OF FLORIDA : bf 25] : DEPARTMENT OF BANKING AND FINANCE Bay 2, Oe DEPARTMENT OF BANKING AND 30a FINANCE, LEYS A. ws Bae OO Net Petitioner, : Administrative Proceedth Ss Be a8) _ Number ea, a 4 Z vs. 7074-F-12/99