U bd EILED +28 STATE OF FLORIDA 00 JUL -3 AMI: 2 DEPARTMENT OF BUSINESS AND PROFESSION. Jp REQGULATI N FLORIDA REAL ESTATE COMMISGKONIIS TRATYE- HEARI NGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, ; 0 Petitioner, ; O 0) LA b 7 vs. FDBPR Case N° 99-82033 ELIZABETH SILVA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner" files this Administrative Complaint against Elizabeth Silva (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT | ; ; 1. Petitioner i isa state government licensing and regulatory agency charged with the ‘s responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of E Flotida, in particular § 20. 165 5 Fla, St Stat. “Chapters 120, 455 and 475, Fla. Stat., and the rules | ant thereto. : promulgated 2, Respondent is and was at all times material hereto a licensed Florida real estate oe salesperson, issued license number r 0658741 1 in accordance with ‘Chapter 475, Fla. Stat, 3. The last license issued was as a salesperson c/o Great Country Real Estate Services Cop.’ 2850 0 Douglas Road 4" Floor, Coral Gables, Florida 33134, U . wd FDBPR vs Elizabeth Silva FDBPR Case N° 99-82033 Administrative Complaint 4. On or about September 15, 1997, Respondent submitted to Petitioner an application for licensure as as areal estate salesperson. A copy of the application i is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate salesperson under the provisions of Chapter 475, Florida : Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the ; application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever. 6. Question 9 of the application asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld .” 7. To question 9 of the application, Respondent replied “No.” 8. In reliance upon Respondent” s > application, Petitioner issued a real estate salespersons Vicenset to Respondent. entered a plea of guilty and/or nolo contendere to one count of Armed Robbery and one count of Criminal Conspiracy. “The court withheld adjudication and sentenced | Respondent to community control for a period of. two years, s, followed by probation for: a period of three: years. At copy of the County, Florida, Respondent _ rer eee ene eens cappainmmee qee pes es pee w id FDBPR vs Elizabeth Silva FDBPR Case N° 99-82033 Administrative Complaint certified disposition is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, the Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of § 475.25(1)(m), Fla. Stat. COUNT I Based upon the foregoing, Respondent has failed to comply with the requirements of Fla. Admin. Code r 61J2-2.027(2) and, therefore, is in violation of 8 475.25(1)(e), Fla. Stat. 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, Fi Ta. Stat., 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 ; period n not to exceed n n( 10) years, imposition 0 of an n administrative fine of’ up to 81, 000 0 for each count o or offense; imposition of investigative costs; issuance eof a reprimands imposition 0 of probation subj ect to terms including, but not limited to, requiring the licensee, registrant ¢ or permitee to complete and pass additional real estate education courses; publication; or é ry tion of the foregoing which may apply. See § 475.25( 1), Fla. Stat. we \wd FDBPR vs Elizabeth Silva FDBPR Case N° 99-82033 Administrative Complaint 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. SIGNED thisZ? day of dpe / , 2000. pF LLbets, hb. Lapp >> ; Professional Rezutattd - By: Herbert S. Fecker, I Director, Division of Real Estate _ Ae a Regul oO f Prole wel ate perenne wee Ww WW FILED FDBPR vs Elizabeth Silva FoBPR case Nosdbk033 AM ||: 28 Administrative Complaint DIVISION OF ADMINISTRAT ATTORNEY FOR PETITIONERE (RINGS Nancy P. Campiglia Florida Bar N° 0164259 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 NPC/k PCP: TR/JR 4/00 NOTICE TQ 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 matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; 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. a 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. IVE SUP ree eon _ DPRIAOI.4 (REV. 4/96) Where would you like to be tested? O ww, Florida pi eiFARALaMEa SNA Nibriaa ; VED DONOT WRITE ORF “VT RECEI IN SPACE BELOW =’ ww’ SEP 15 1997 pivisiuiy ur moa ESIATE Not to be filled in by applicant QUAL. VERIFIED ED. CRS 07-13-47 FPeD_ 9//G/97" | EQuIV. APPROVED SCHOOL# £240 | DENIED re DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISIOM OF\REAL ESTATE Hurston North Tower, 406 W. Rabinson St., P.O. Box 1900 Orlando, FL 32802-1900 (407) 245-0800 APPLICATION FOR LICENSURE AS A REAL ESTATE-SALESPERSON - reauirep FEES 185.00 {fee includes first license) QO NOT.SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with ink. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional Pages as necessary. 1. Legal Name: © Y LW ia , b (Last) (First) {Middle} 2. Personal Mailing 205 NA 0G th OL ial ] 03 Address: {number} (steeet) Ke Dus, BL Bawa FL. a20c4 teity) (county) (state) tzip code) 3. (a) Your Residence ___’ Soe Address: (number (street) Keity) © (county? (starter (zip coder : (b) Daytime Telephone No.: 4 9 } 44 | “5.60 nt {Notity the Division of any permanent address change.) 4. Date of Birth: O4<216~ 1A 5. Place of Birth: Cab orwia al Female oO Male 290 fy - 207 * (not required to process application) 7. Social Security No.: NOTE: ** UNDER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURI TY NUMBERS IS VOLUNTARY, THEY ARE REQUESTED PURSUANT TO SECTIONS 455.203 (91, 409.2577 AND 409.2598, FLORIDA STATUTES. AND ARE USED TO ALLOW. EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLE! V-D CHILD SUPPORT AGENCY TO ASSURE COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS. ** “8. Yes oO No Are you a high school graduate or the holder of an equivaiency certificate? EXHIBIT #_t__y—-—— e PAGE |__ oF 9 Lf ves No 10. Yes Yes Yes Yes Yes Yes Yes Yes Yes Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to anv violation of the laws of any municipality, county te or nation, including traffic offenses (but \__aarking, speeding, inspection, or traffic et violations), without regard to whether you were piaced on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered “Yes,” attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of Paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. if you do not fully understand this question, consult with an attorney or the Division of Real Estate. (a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10 (a) or (b) is "Yes" attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending.) (a) Have you, in this state, previously filed any application for licensure as a real estate salesperson? If so, state when; (b) Have you failed any previous examination for licensure as a real estate salesperson in this s t ate ? 1 f so , s tate when; Have you ever been denied, or is there now pending a proceeding to deny your application for a license, registration, or permit to practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, possession or nation, because of alleged fraudulent or dishonest dealing or violation of law? (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations . .of law, or is any proceeding now pending? {b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation while such charges were ding? ({c) Has any broker's or salesperson's license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? {If your answer to questions 12 or 13 (a), (b) or (c) is the affirmative -"Yes" - attach a complete statement giving the name and address of the officer, board, commission, court or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts. Have you, in this state, operated, attempted to operate. or heid yourself out as being entitled to operate, as a real estate salesperson or broker, within one year prior to the filing of this application when you were not. Am fact |fhEchoidér af @QAN@Lcubtéht license authorizing you d ? - eas exuipit g_/ PAGE _ a ere oe Soper Ae lel ak. The foregoing application was 15, oO Yes iXno Are you presently declared mentally incompetent, _any court? (If yot-dnswer is "Yes", attach a statement giving the full details.) 16. Yes O No Have you used, been known as or called by another name or alias other than the hame signed to the azplication. (If your answer is yes, state name or names aised, the period of time and place qe used 4 ; Norms A \n TL, g , ~ / 17. CXves ‘a No (a) Are you a legal resident of Florida? f (b) If your answer to question 17 (a) is "NO"; what state are you a legal resident of? In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) I agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. ! agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Reai Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and process so served shall be valid and binding, which agreement is irrevocable. I further agree to file with the Division of Real Estate the designation of the name and address of the person to whom process served upon the Division Director is to be forwarded and to keep said designation current. 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state: As a salesperson in fi i> from to . (slate) ; / As a broker in Wg from —_— to . {stat License Number: vo Name used —— AFFIDAVIT OF APPLICANT sue TACNVOQ, counyor LYVEO The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s}(he) is the person so applying, that (s}(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and acknowiedged before me this by Z\ycheth type of print name of applicant ° fo is personally known to me or who STATE ) ‘type of identification ne gen Og Daisy Jaime 5 as identification. _ - My Gommission CCS73495 oy : * x Expires Jul. 30, 2000 { , Ss ‘, Ve ne Toner oe i : UPON PASSING THE EXAMINATION APPLICANTS WILL RECEIVE AN INA” VE LICENSE, BUT MAY REQUEST AN CTIVE LICENSE UPON SECU. _(G EMPLOYMENT BY FILING FORM 400. ITH THE DIVISION OF REAL ESTATE. | F YOU NEED TO START WORK IMMEDIATELY UPON PASSING THE EXAM. BRING A COMPLETED 400.5 FORM Ta HE EXAM SITE. : : IF AN APPLICANT DOES NOT PASS THE LICENSING EXAMINATION WITHIN 2 YEARS AFTER THE SUCCESSFUL | OURSE COMPLETION DATE, THE COURSE IS INVALID FOR LICENSURE. APPLICATIONS FOR LICENSURE MAY NOT, BE ACCEPTED BY THE DBPR IF RECEIVED LESS THAN 60 DAYS PRIOR TO THE END OF THE 2 YEAR PERIOD OF OURSE ELIGIBILITY. : AN APPLICANT MUST SIT FOR AND PASS THE REAL ESTATE EXAMINATION BEFORE THE EXPIRATION DATE OF | HEIR COURSE. i A THIS APPLICATION SHALL EXPIRE 1 YEAR FROM THE DATE RECEIVED IF THE APPLICANT FAILS TO TAKE THE| PPROPRIATE EXAMINATION. NOTICE TO PERSONS WITH A DISABILITY If you have a disability and may require some accommodation in taking this examination, BE SURE to request, fill out, and return the "Request for Accommodation" form {DRE 701) along with your application. If accommodation is not requested in advance, we cannot guarantee the availability of accommodation. Anyone interested in obtaining a copy of the DRE 701 form may contact the Division of Real Estate at (407) 245-0800. Me WPLAINT “ote ana eee . ets Sr pee merit merene EEE IESE ERR 9 we Aa ce ili eng ee ead THE CIRCUIT/COUNTY COURT, IN AND FOR BROWARD COUNTY, FLORIDA < FAILURE TO PAY FINE BY THE BELOW DATE MAY RESULT IN A WARRANT FOR YOUR ARREST La q Va 7g 2 AND/OR THE SUSPENSJON YOUR DRIVE) LICENSE AND DELINQUENCY FEES IMPOSED. ~ ; BING: DDG ROR/IC/SURE - DATE CASE NO. ARREST NO: SUMMONS /€ASH BOND AGENCY DEFENDANT AKA ce ; COURT STAT an COUNTY, FLORIDA ; 1] MAGISTRATE OO TRIAL _>ScHance OF PLEA iv 1iust'eonoveriours comiuserince (] ARRAIGNMENT O JURY _xptep euity “TJ O ADJ. GUILTY + mere et ABSEBSMENT EACH COUNT DXSENTENCING Ocourt CPLED NOLO _>qwitriveto VS TTY yal Wi NT? MY Hann “Apin. SSEAL '1Pst OD 4ST. v.o. ee CUNOLLE PROSEQUI j C1DISMISSED _ lao /\ (- AN DACQuiTteD (7 PDR CFINAL V0, _____- ROSERT ES hochinpar (S ~ I) Dan. CHARER(S Mis Kob NOA . A } A a a “e DYLUSE Ow PO count Lhe fad pv Diy Ollred orbstoal signaty €onl = CheTmainak” Tena: PROBATION W/SPECIAL CONDITION - " . LICENSE SUSP._0 comm SERVICE : Pont CASAP/DU!I SCHOOL CASAP EVALUATION RT $s Gost —__-__ 5% ve. cuc EMTF JAIL TIME OTHER SENTENCE: TT SS C4 LCOS toll ys Te (POIRONON_, Kander, Woona Doan PP C je -| , KOA — eal oOo - Comes Goin Sj pee 2, COUNT(S) TIME SERVED Homi Sisto b6T 3S Ho 2 Seal’ \ “5 C ; $ FINE Sor 5% ve. $ FINE 5% PLUS $ en a 7 1St 5 BY OISP 3 1/87 . + ; ° : Y “(DEPUTY CLERK) JUDGE FILE cos

Docket for Case No: 00-002670PL