Vy, Uh Ap STATE OF FLORIDA by DEPARTMENT OF BUSINESS AND PROFESSIONAL REcuLAHighs,, hrs FLORIDA REAL ESTATE COMMISSION UGSI! 0, PP WD), Bel hey FLORIDA DEPARTMENT OF BUSINESS we AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Of- (23h Petitioner, VS. FDBPR Case N° 2000-80346 JOZEF MOZA, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Jozef Moza ("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, including Section 20.165, and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated thereunder. 2. At all material times, Respondent was a licensed Florida real estate salesperson, issued license number 0672478 in accordance with Chapter 475(Part I) of the Florida Statutes. 3. The last license issued was as an active salesperson c/o Florida Property Mgmt. & Sales Corp., 1750 University Dr. #114, Coral Springs, Florida 33071. FDBPR v. Jozef Moza Case No. 2000-80346 Administrative Complaint 4. Onor about September 15, 1998, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy of the application is attached and incorporated as 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 “Yes.” Respondent indicated that “over 3 years ago (he) had misdemeanors for public intoxication with alcohol.” 8. Inreliance upon Respondent’s application, Petitioner issued a real estate salesperson’s license to Respondent. 9. In July, 1992, Respondent pled no contest to battery in Orange County, Florida. The Court sentenced Respondent to six months in jail. Copies of the certified court documents are attached and incorporated as Composite Exhibit 2. FDBPR v. Jozef Moza Case No. 2000-80346 Administrative Complaint COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m) of the Florida Statutes. COUNT I Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2) of the Florida Administrative Code and, therefore, is in violation of Section 475.25(1)(e) of the 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 § 475.25(1), Fla. Stat. (1999) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 FDBPR v. Jozef Moza Administrative Complaint Case No. 2000-80346 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 § 455.227, Fla. Stat. (1999) and Fla. Admin. Code R. 61J2-24.001. SIGNED this 22% — day of +A = , 2001. DD proli, authiing frye hy Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER William A. Tompkins, Jr. Florida Bar N° 0366986 Senior Attorney, Real Estate 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 FDBPR v. Jozef Moza Case No. 2000-80346 Administrative Complaint /k PCP: CV/JR 2/01 NOTICE TO 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. 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. DPR/401.1 (REY. 3/98) DO NOT WRITE OR PRIN RECEIVED IN SPACE BELOW SEP 1 5 199g ee yas soni 21 APR = 3 py ! Pomeee Not to be filedin by-appticant___— 57 QUAL. VERIFIED DVision ages | ED. CRS” ian) i He EQUIV. APPROVELY. DY- SCHOOL# KEG [ DENIED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE Hurston North Tower, 400 W. Robinson 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) DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with BLACK INK. Fill out carefully. Each question must be answered and tha necassan documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. Mle f SOS er 1. Lagal Name: ‘ ; (Firso) (Middie) wre a 2. Personal Mailing “ ot ae Address: (street) Poy Paes el AR, i BLS GS (county) (state) (zip code) | ! are - F Pa 3. (a) Your Residence : 7, Address: (number) (street) Tey ee PED L fin, Ce tre cee ser Slag, corre BESO SIG MSTA: a ESS (elty) {county} (state) (0 ewer . La a ard (b) Daytime Telephone No.: ( *) wee (Notify the Division of any permanent eddrese change.) L an ed 4, Date of Birth: - 2+. «5. Place of Birth; == - 7 OS 6, OC Female C]-male 4 -. — _ | 7. Social Security No.: — we . ° 1 Under the Federai Privacy Act. disclosure of Social Security numbers is voluntary unless specifically required by Federal statute. In this instance. social security numbe are mandatory pursuant to Title 42 United States Code, Sections 653 and 654: and sections 455.203(9), 409.2577, and 409.2598, Florida Statutes. Social Secun” numbers are used to allow efficient screening of applicants and licensees by a Title IV-D child support agency to assure compliance with child sup~ort abligations, Soci Security numbers must aiso be recorded on ail professional and occupational license applications and will be used for licensee identification pursuant to the Parson Responsibility and-Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act) 104 Pub.L.193, Sec317. 8.0 Yes (] No Are you a high school graduate or the holder of an equivalancy certificate? Where would you lika to be tested? [] N.W.FEDSMABI SS URAgA A SOME FAS oath Florida A ' EXHIBIT # ! PAGE OF O Yes L] No cl Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes" [J No [J No No EYNo CI No tl No Et’ No ; za) No Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolc contendere (no contest), evan if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those racords 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." lf 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 fadaral 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 state? If so, state 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 pending? (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, operatea, attempiea 10 operas ieee Vase CER EPapmny to operate, as a real estate salesperson or broker, withi fr prior to the filing of this application when you were not, in fact, the holder of a easel wthorizing you to do so? PAGE A OF u Are you presently declared mentally inccmpetent by any court? een 16. oO Yes CH ’No Have you used, been known as or caitad by another name or alias other than the name signed to the apptication. (if your answer is yes, state name or names usad, the period of time and place where use). 17. oO Yes ‘ma No {a) Ara you a lagal residant of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a iegai resident of? In addition, please raad and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) l agree, by becoming the holder of a Florida reai 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. t agree, by becoming the holder of a Florida real estate licanse, that the Director of the Division of Real Estate and his/her successors in office shall receive service cf all lagai process issued against me in any administrative or civil action or proceeding in this state, and procass so served shail be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate tha 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. iad 18. If you have heid a licensa and registration as a real astate broker or salesperson in Florida or elsewhera, so state: Signature As a salesperson in from to {atateb As a broker in : from to ietate) . License Number: : Name used AFFIDAVIT OF APPLICANT State of Ce LDA County of BRA tt The above named, and undersigned, applicant for licensure as a real astate 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 ail such answers and statements ara true and correct, and are as compiete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied: and (s)(he) further extands this affidavit to cover ail amendments to this application or further statemants to the Division or its representatives, by him/her in response to inguines concerning pis/her qualifications. — c a ay ! - 7 The foregoing application was pee Lf irs aN ! if = acknowiedged before ma this i day MAL oS (mae, ZA Pa ° - 'Sigaa fapphesnt ; of a | non et, “ oe ie mg ATH) ST AL — : by “ts JO be bor Type oF GANT Neme al epoicent ‘ . . i ~ ry ved : ‘who is personally known to me or who A at OR 4 ee ee —~ _. o ~ . - Signeture of person toung ecurewredgmant ° Pa has produced fae te ae type of identification - Notary Seal as identification. (Rubber Stamp) a oy P ou. ‘Cronne id Wessels aren me Gat eg yr My Commusion CCa29743 ADMINISTRATIVE COMPLAINT “3 3 Srowes Ao 24 2004 \ rey? EXHIBIT ___! a 4 Ke y WER ae yj ma 2S TION NW : S HAVE NELER BEEN Con 1/eTED toy — 4 a & fo fe ST. Le A CL L-c-’ AS Jo. Ce, j _ VF Dye? / VEX 3 (EARS AOC “ PEELS C. ee _ ILA @ OR VOSS UW EAM LLIINS fC 7 be FH ALCOHOL, CAS CATV ECA WE TE LY ADMINISTRATIVE COMPLAINT /4 EXHIBIT # a PAGE 4 or Hf nn we? 6 i VIDEO ARRAIGNMENT gre os IN THE COUNTY COURT OF cel a, ORANGE COUNTY, FLORIDA i ww | STATE ORIDA . eT ORDER OF DISPOSITION | CHARGED WITH: CASE wtb - 225 DEFENDANT _ not present ORDER/FAILURE TO APPEAR Forfeit Surety/ Cash Bond. Revoke PCR/PTR/ROR. ISSUE CAPIAS $ ___Vacate /Set aside Bond Estreature. ___Reinstate PCR/PTR/ROR. PLEA Defendant found guilty A finding of quilt was entered. P.S.1. ORDERED. Report <* ORANGE COUNTY COMMUNITY CORRECTIONS DEPARTMENT Youthful Offender Drug Program, 2418 33rd Street, Orlando, Fl. » 19 at fo term of Ce TYES?Q LD Report within Sentencing set for splenco TO: QRANGE COUNTY JAI with credit for ___ALTERNATIVE COMMUNITY SERVICE PROG 2418 33rd Street, Orlando, Fl. Complete by or within ___UNSUPERVISED PROBATION for a term of present/waived right to Counsel (FRCP 3.160(e)) with Counsel 378)39- — eee Bond. No PCR/PTR/ROR \ ____RECALL CAPIAS. Bond is remitted reinstated discharged. Pled Guilty. ADJUDICATION WITHHELD Pted nolo contendere reo ADJUDGED GUILTY Orange County Probett Unit or 32839-8704. Phone 836-3000. M., Courtroom eee served, days suspended on condition: service of hours/days. Orange County Community Corrections Department. 8704 - Phone 836-3000. Report at 8:A.M. on or by with condition you live and remain at liberty without se" any Federal/ State Stgtytes, County/ Murficipal Ordinances, {see below) THER: AL ><] LO ACM een i. D STATE OF FLOR | HEREBY CERTIFY AAW GR CRANE Bylanet Ue abeve aff Using Wea! Y Wapowginal tiled in this once at S Sets eit ae me ‘es TX et Clerk Circuit Court o ad eA yD: ___DISMISS nny son 3 eA <7 payable by within . TIME: Fine $ SYA Oraffge County Courthouse- ORL Eke f P6:£ 306 Surcharge $ 171, 65 E. Central Bivd., Orlando, Fl. 32801 C.C.F. $ 450 North Lakemont Ave., Winter Park, FI. 32792 Court Costs $ 1111 N. Rock Springs Road, Apopka, Fl. 32703 Add. Costs $ 475 W. Story Road, Ocoee, Fl. 32761 C.d.TLF. $ TOTAL: $ FINES to be paid from CASH BOND to Cterk's office and ___RELEASE DEFENDANT AS TO THIS CASE ONLY. Certify receipt of this notice: A efendant name: remaining balance to be reer sir. FILED IM OPEN COUR 7 € a 19 if FRAN CARLTON, RK 0! ddress: iw? PLAIN GPRGUET /cOUNTY wWostor | County Comptrotter, Orange Co, FR

Docket for Case No: 01-001283PL