Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: LUCILLE POAG
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Oct. 23, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 6, 2019.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
CLERK Evetie Lawson-Proctor
Date 6/6/2019
STATE OF FLORIDA File #
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2019-016250
LUCILLE POAG,
Respondent.
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ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation (Petitioner) files this
Administrative Complaint against Lucille Poag (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the real estate profession
pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, Florida Statutes.
2s Petitioner has jurisdiction over the unlicensed practice of real estate services
pursuant to Section 455,228, Florida Statutes.
3. At all times material hereto, Respondent was not duly licensed as a real estate
corporation to engage in the practice of real estate services pursuant to Chapter 475, Florida
Statutes.
4. At all times material hereto, the Florida Division of Corporation displays
Respondent as Registered Agent and President of HOUSE OF HOMES REALTY, INC. an
inactive Florida Incorporation.
5. Respondent’s last known address is 11380 Biscayne Boulevard 24, North Miami,
FL 33181.
6. On or about February 10" 2018, Respondent, through her company, House of
Homes, offered to perform or performed teal estate services requiring licensure in relation to real
property located in Dade County, FL ("Subject Property"), including but not limited to:
collection of money to enter into an agreement to purchase a property
7. At all times material hereto, Respondent did not hold an ownership interest in
Subject Property.
8. Respondent acted at all times material hereto with the intent to collect or receive
compensation or valuable consideration or did in fact do so.
9. Respondent received $1,800.00 from Lucille Delberiste, a potential Buyer for a
home.
10. Section 455.227(1)(q), Florida Statutes, subjects a person to discipline for
“Tv]jiolating any provision of this chapter, the applicable professional practice act, a rule of the
department or the board, or a lawful order of the department or the board.”
11. Section 475.42(1)(a), Florida Statutes, provides that "[a] person may not operate
as a broker or sales associate without being the holder of a valid and current active license
therefor."
12. Subsection 475.01(1)(a), Florida Statutes provides that:
“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 thereof, appraises,
auctions, sells, exchanges, buys, rents, or offers, attempts or agrees
to appraise, 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 therefore; and all
persons who advertise rental property information or lists.
13. Section 475.01(3), Florida Statutes, provides:
Wherever the word “operate” or “operating” as a broker, broker
associate, or sales associate appears in this chapter; in any order,
rule, or regulation of the commission; in any pleading, indictment,
or information under this chapter; in any court action or
proceeding; or in any order or judgment of a court, it shall be
deemed to mean the commission of one or more acts described in
this chapter as constituting or defining a broker, broker associate,
or sales associate, not including, however, any of the exceptions
stated therein. A single such act is sufficient to bring a person
within the meaning of this chapter, and each act, if prohibited
herein, constitutes a separate offense.
14. Subsection 475.28(1), Florida Statutes, provides that:
In all proceedings before the commission or the courts, civil or
criminal, in which the payment, receipt, or expectation of a
commission, compensation, or a valuable consideration is a
necessary element of the offense, proof of the performance of the
act, service, or condition for which such commission,
compensation, or valuable consideration is required to be shown
shall be prima facie evidence that such act, service, or condition
was performed or existed for or in expectation of the payment or
receipt of a commission, compensation, or a valuable
consideration.
15. Based upon the foregoing, Respondent violated Section 455.227(1)(q), Florida
Statutes, by violating Section 475.42(1)(a), Florida Statutes, when Respondent engaged in the
practice of real estate by operating as a real estate broker without being the holder of a valid and
current active license.
WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing
one or more of the following penalties: an administrative fine not to exceed $5,000 for
violations of Chapter 475, Florida Statutes, assessment of costs related to the investigation and
prosecution of the case (excluding costs associated with an attorney’s time); or any other relief
the Department is authorized to impose pursuant to Chapters 455 and 475, Florida Statutes, and
the rules promulgated thereunder.
Signed this 30" day of May, 2019.
Halsey Beshears, Secretary
Department of Business and
Professional Regulation
By: Roger Maas
Roger Maas
Florida Bar No. 128296
Assistant General Counsel
Office of the General Counsel
Unlicensed Activity
Department of Business and
Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399-2202
Telephone: (850) 717-1210
PC Found:5/30/19
By: DBPR
NOTICE OF RIGHTS
PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to
be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be
represented by counsel or other qualified representative, to present evidence and argument, to
call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on
his or her behalf if a hearing is requested. Any request for an administrative proceeding to
challenge or contest the charges contained in the administrative complaint must conform to Rule
28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing within twenty-one (21) days of
teceipt of an agency pleading, Respondent waives the right to request a hearing on the facts
alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred costs related to the
investigation and prosecution of this matter. Pursuant to Section 455.227(3)(a), Florida Statutes,
the Board, or the Department when there is no Board, may assess costs related to the
investigation and prosecution of the case excluding costs associated with an attorney's time,
against the Respondent in addition to any other discipline imposed.
Docket for Case No: 19-005692
Issue Date |
Proceedings |
Dec. 06, 2019 |
Order Granting Petitioner's Motion to Relinquish Jurisdiction and Closing Files. CASE CLOSED.
|
Nov. 27, 2019 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 04, 2019 |
Notice of Court Reporter filed.
|
Oct. 31, 2019 |
Order of Pre-hearing Instructions.
|
Oct. 31, 2019 |
Notice of Hearing by Video Teleconference (hearing set for December 12, 2019; 9:00 a.m.; North Miami and Tallahassee, FL).
|
Oct. 30, 2019 |
Unilateral Response to Initial Order filed.
|
Oct. 30, 2019 |
Order Accepting Qualified Representative.
|
Oct. 28, 2019 |
Request to Accept Qualified Representative (Kevin Harris) (filed in Case No. 19-005692).
|
Oct. 28, 2019 |
Request to Accept Qualified Representative (Kevin Harris) (filed in Case No. 19-005691).
|
Oct. 28, 2019 |
Request to Accept Qualified Representative (Kevin Harris) (filed in Case No. 19-005690).
|
Oct. 28, 2019 |
Request to Accept Qualified Representative (Kevin Harris) (filed in Case No. 19-005689).
|
Oct. 28, 2019 |
Request to Accept Qualified Representative (Kevin Harris) filed.
|
Oct. 24, 2019 |
Notice of Service of Petitioner's First Interlocking Discovery Request filed.
|
Oct. 24, 2019 |
Notice of Service of Petitioner's First Interlocking Discovery Request (filed in Case No. 19-005689).
|
Oct. 24, 2019 |
Notice of Service of Petitioner's First Interlocking Discovery Request (filed in Case No. 19-005690).
|
Oct. 24, 2019 |
Notice of Service of Petitioner's First Interlocking Discovery Request (filed in Case No. 19-005691).
|
Oct. 24, 2019 |
Notice of Service of Petitioner's First Interlocking Discovery Request (filed in Case No. 19-005692).
|
Oct. 24, 2019 |
Order of Consolidation (DOAH Case Nos. 19-5687, 19-5689, 19-5690, 19-5691, 19-5692).
|
Oct. 23, 2019 |
Initial Order.
|
Oct. 23, 2019 |
Election of Rights filed.
|
Oct. 23, 2019 |
Administrative Complaint filed.
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Oct. 23, 2019 |
Agency referral filed.
|