be Final Order No. BPR-2004-02608 Date: @ m FILED 6 28-04 Department of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk By: Ha be C STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES DEPARTMENT OF BUSINESS AND oT . aa “] PROFESSIONAL REGULATION, At La 1 st DIVISION OF FLORIDA LAND SALES, > Tes CONDOMINIUMS, AND MOBILE HOMES, ; Do . ™ Petitioner, ND BPR 2003089755 & vs. DOAH Case No.: 04-0771 Vinge FERNANDO FERNANDEZ, SML- [! lif Respondent. / I , FINAL ORDER The Director of the Division of Florida Land Sales, Condominiums, and Mobile Homes (Division) enters this Final Order in the above referenced matter. PRELIMINARY STATEMENT 1. On January 14, 2004, the Division issued a Notice To Show Cause which alleged that the Respondent, Fernando Fernandez (Fernandez) violated sections 326.004(1), 326.004(14)(b), and 326.004(8), Florida Statutes. The Notice advised Fernandez of his right to request a formal hearing or an informal proceeding pursuant to chapter 120, Florida Statutes. Department of Business and Professional Regulation, Page 1 of 4 Division of Florida Land Sales, Condominiums, and Mobile Homes v. Fernando Fernandez DOAH Case No. 04-0771; BPR 2003089755 2. The procedural history of the proceedings before the Division of Administrative Hearings (DOAH) are set out by the Administrative Law Judge (ALJ) in the Recommended Order, which is incorporated in this Final Order. 3. On June 1, 2004, the ALJ entered a Recommended Order finding that Fernandez had violated section 326.004(1), Florida Statutes. 4. Neither party filed exceptions to the Recommended Order. FINDINGS OF FACT 5. The Division hereby adopts and incorporates by reference the Findings of Fact numbered 1 through 14 as set forth in the Recommended Order. CONCLUSIONS OF LAW 6. The Division hereby adopts and incorporates by reference the Conclusions of Law numbered 15 through 37 as set forth in the Recommended Order. ORDER Based on the foregoing findings of fact and conclusions of law, it is hereby ordered that: 1. Fernandez cease and desist from any further violations of chapter 326, Florida Statutes. 2. Fernandez's yacht salesperson’s license is revoked. 3. Fernandez pay a penalty of $4,000 by cashier's check or money order made payable to “Treasurer, State of Florida, Department of Business and Professional Regulation” within 45 days of the date of this Order, which Respondent shall mail by certified mail to Division of Florida Land Sales, Condominiums, and Mobile Homes, Department of Business and Professional Regulation, Page 2 of 4 Division of Florida Land Sales, Condominiums, and Mobile Homes v. Fernando Fernandez DOAH Case No. 04-0771; BPR 2003089755 Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. DONE AND ORDERED in Tallahassee, Leon County, Florida, this" “day of “Jenne 2004. Michael Cochran, Director Division of Florida Land Sales, Condominiums, and Mobile Homes Department of Business and Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-10?? NOTICE OF RIGHT OF APPEAL Ye ee eee THIS FINAL ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE THIS FINAL ORDER UCONN YI ES TINA eee e———EESeaeeweorose APPEALED BY_ANY PARTY SUBSTANTIALLY AFFECTED BY THIS FINAL ORDER APPEALED BY_ANY FARK] Y olUpolANyA.T oaoes--- Oo ——o PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULE 9.1 10, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT _OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE AGENCY CLERK, DEPARTMENT OF BUSINESS _ AND PROFESSIONAL REGULATION, AT 1940 NORTH MONROE STREET, TALLAHASSEE, FLORIDA 32399-1007 WITHIN THIRTY (30) DAYS OF THE RENDITION OF THIS ORDER. Department of Business and Professional Regulation, Page 3 of 4 Division of Florida Land Sales, Condominiums, and Mobile Homes v. Fernando Fernandez DOAH Case No. 04-0771; BPR 2003089755 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail to Fernando Fernandez, 15397 Southwest 168" Terrace, Miami, Florida 33187, this day of , 2004. Robin McDaniel, Docket Clerk Copies furnished to: Division of Administrative Hearings Janis Sue Richardson, Office of the General Counsel Robert Badger, Section Head, Yacht & Ship Regulation Department of Business and Professional Regulation, Page 4 of 4 Division of Florida Land Sales, Condominiums, and Mobile Homes v. Fernando Fernandez DOAH Case No. 04-0771; BPR 2003089755

Docket for Case No: 04-000771

Orders for Case No: 04-000771