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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs RICHARD R. PAGE AND AZTEC REALTY CORPORATION OF SOUTHWEST FLORIDA, 04-000735 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-000735 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: RICHARD R. PAGE AND AZTEC REALTY CORPORATION OF SOUTHWEST FLORIDA
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Punta Gorda, Florida
Filed: Mar. 08, 2004
Status: Closed
Recommended Order on Tuesday, July 27, 2004.

Latest Update: Nov. 06, 2019
Summary: Whether Respondents committed the offenses set forth in the six-count Administrative Complaint dated October 15, 2003; and, if so, what penalty should be imposed.Petitioner proved by clear and convincing evidence that Respondents failed to perform reconciliations of escrow trust accounts. Petitioner did not prove the remaining allegations concerning the failure to bank trust funds.
AGC - Filing For: REAL ESTATE COMMISSION - 12/16/2004 - 2004-05757 - 2003067361 - PAGE, RICHARD R - FINAL ORDER

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,


Petitioner,


vs.


CASE NO. 2003067361

2003067363

DOAH CASE NO. 04-0735

;

Final Order No. BPR-2004-05757 Date:

RICHARD R. PAGE and

AZTEC REALTY CORP. OF SW FLORIDA,

I FILED , -IG,-OL/

Department of Business and Professional Regulation

2• ,-,. .,

I 1


Respondents.

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AGENCY CLERK

•tman,:-:•

/i By: - I

I -'--=--------------


FINAL ORDER


THIS CAUSE came on to be heard before the Commission Real Estate Commission (Commission) on October 19, 2004, in Orlando, Florida, pursuant to a Recommended Order entered by Administrative Law Judge Lawrence P. Stevenson on May 19, 2004. After reviewing the entire record, including the transcript and the exhibits, the Commission hereby accepts the Recommended Findings of Fact, Conclusions of Law and Penalty as proposed by the ALJ.

WHEREFORE, Counts II and Ill of the Administrative Complaint against Mr. Page are DISMISSED. Counts V and VI of the Administrative Complaint are DISMISSED against Aztec Realty. Additionally, Respondent Page is FINED $1000.00 for the violation established in Count I of the Administrative Complaint. Respondent Aztec Realty is fined $1000.00 as established in Count IV of the Administrative


Filed November 6, 2019 4:32 PM Division of Administrative Hearings

Complaint. Said FINES are due and owing within thirty days of the entry of this order.


DONE and ORDERED this -z_day of a,2004, by the Florida Real Estate Commission.


JWANAWATKINS o 4

ACTING DIRECTOR


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES, REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. .


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Steven W. Johnson, Esquire, 100 South Bumby Avenue, Suite B, Orlando, Florida 32803, Lauderdale, FL 33308 and Alfonso Santana,

Esquire, Department of Business and Professional Regulation, Division of Real Estate, 400 West Robinson Street, Suite N-801, Orlando, Florida 32801-1757, on this i 1!'ay of e-r , 2004.


Docket for Case No: 04-000735
Issue Date Proceedings
Jul. 27, 2004 Recommended Order (hearing held May 19, 2004). CASE CLOSED.
Jul. 27, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 28, 2004 Proposed Recommended Order (filed by Petitioner via facsimile).
Jun. 25, 2004 Proposed Recommended Order (filed by Respondent via facsimile).
Jun. 04, 2004 Transcript filed.
May 19, 2004 CASE STATUS: Hearing Held.
May 18, 2004 Memo to Judge Quattlebaum from A. Santana enclosing Petitioner`s Exhibit 18 (filed via facsimile).
May 17, 2004 Memo to Judge Quattlebaum from A. Santana enclosing Petitioner hearing exhibits (filed via facsimile).
May 17, 2004 Respondents` Exhibit 1 (filed via facsimile).
May 14, 2004 Respondent`s Witness List (filed via facsimile).
May 03, 2004 Unilateral Response to Pre-hearing Order (filed by Petitioner via facsimile).
Mar. 26, 2004 Order of Pre-hearing Instructions.
Mar. 26, 2004 Notice of Hearing (hearing set for May 19, 2004; 9:00 a.m.; Punta Gorda, FL).
Mar. 12, 2004 Joint Response to Pre-hearing Order (filed by Petitioner via facsimile).
Mar. 08, 2004 Administrative Complaint filed.
Mar. 08, 2004 Petition for Formal Hearing filed.
Mar. 08, 2004 Agency referral filed.
Mar. 08, 2004 Initial Order.

Orders for Case No: 04-000735
Issue Date Document Summary
Jul. 27, 2004 Recommended Order Petitioner proved by clear and convincing evidence that Respondents failed to perform reconciliations of escrow trust accounts. Petitioner did not prove the remaining allegations concerning the failure to bank trust funds.
Source:  Florida - Division of Administrative Hearings

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