STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL rect FLORIDA REAL ESTATE COMMISSION. . FLORIDA DEPARTMENT OF BUSINESS att AND PROFESSIONAL REGULATION, sy DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001532882 PHILOMENA GREGORIAN, Respondent. i ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Philomena Gregorian (“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, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 570691 and 3024803 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at 1485 North Atlantic Avenue D, Cocoa Beach, Florida 32931 and with Villages of Seaport Realty Corporation, 120 N. Seaport Blvd., Cape Canaveral, Florida 32920. <0 eee rane ee eS A Dt eee FDBPR v. Philomena Gregorian Case No. 2001532882 Administrative Complaint 4. On or about September 2001, Respondent was registered as a sales associate with Downs Investment Properties Inc. 5. On or about September 6, 2001, Respondent passed her broker examination. 6. On or about September 11, 2001, Respondent notified the Petitioner that she would be operating as a broker under her own name. A copy of the notification is attached hereto and incorporated herein as Exhibit 1. 7. On or about October 4, 2001, Respondent notified Petitioner, that she was operating as a broker at a new address of 1485 N. Atlantic Avenue Suite D, Cocoa Beach, Florida 32931. 8. On or about October 4, 2001, Respondent certified to the Petitioner that she had notified her former broker of the change detailed on allegation of facts #6. A copy of the notification is attached hereto and incorporated herein as Exhibit 3 and 3A. 9. On or about February 13, 2002, as requested by Respondent, Petitioner updated Respondent’s record to show Respondent is registered as a sole proprietor, effective September 11, 2001. 10. On or about September 11, 2001 throughout October 2001, Respondent did not disclose to Thomas M. Down, broker for Downs Investment Properties, that she had notified Petitioner of a change of registered employer effective September 11, 2001. 11. On or about September 11, 2001 throughout October 2001, Respondent, while posing as an agent for Downs Investment Properties, sold several condominiums. A copy of the list of contracts is attached hereto and incorporated herein as Exhibit 4. 12. On or about August 3, 2001, Respondent accepted a check for the amount of $4845.00, from Kathleen Zdrodowski, as deposit for unit V145, at the Village of Seaport. A copy of the FDBPR v. Philomena Gregorian Case No. 2001532882 Administrative Complaint notification is attached hereto and incorporated herein as Exhibit 5. 13. On or about August 3, 2001, Respondent accepted a check for the amount of $4845.00, from Kathleen Zdrodowski, as deposit for unit V145, at the Village of Seaport, and never deposited the check, as required, in the account of Complainant’s attorney. COUNT I Based upon the foregoing, Respondent is guilty of misrepresentation in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT IL Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT III Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of having operated as a sales associate for a person not registered as her employer in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section FDBPR v. Philomena Gregorian Case No. 2001532882 Administrative Complaint 475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), 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 Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 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; FDBPR v. Philomena Gregorian Administrative Complaint Case No. 2001532882 injunctive or mandamus relief: imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. LE SIGNED this day of Liem Ore , 2003. D2 Se FILED Dépatiment of Professional Regnlatige Division of Real Estate ri Mb fom Date AS/k PCP: NH/LJ 11/03 Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 0318360 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Philomena Gregorian Case No. 2001532882 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, 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 of the Florida Statutes; 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. 63/11/2681 11:41 14677833712 PHILOMENA PAGE 1 5 . MAKE CHECKS Payaate TO: FORM 400.5 (12-89) Division ef Real Estate a? OC NOT SEND Casn faa a STATE OF FLORIDA DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE Hurston North Tower * (467) 245-0800 400 W. Robinsén St., 2.0. Box 1900, Orlando, FL 32802-1772 REQUEST FOR LICENSE OR CHANGE OF STATUS ** NOTE: FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE ** CHECK ACTION REQUESTED SECTIONA —fG . ee “BYR — KER BROK TESPER OR SALESPERSON RENEWAL @SOLE PROPRIETO CIBECOME ACTIVE/ CHANGE EMPLOYER RENEWAL BROKER weccous ACTIVE DBECOME INACTIVE Gactivé DINACTIVE DBECOME INACTIVE MCHANGE RESIDENCE ADDRESS OCHANGE BUSINESS ADORESS OADD OWNER ; DEVELOPER RENEWAL SALESPERSON QOD OR DELETE TRADE NAME CINAME CHANGE , DACTIVE DINACTIVE OTERMINATE LICENSE {BROKER SIGNATURE ONLY) ACTIVE STATUS REQUIRES SIGNATURE OF DADD P.A. $30.00 COCHANGE RESIDENCE ADDRESS LICENSEE AND BROKER. DMULTIPLE LICENSE $98.00 SECTION Bs TO SE COMPLETED BY LICENSEE APPLYING FOR CHANGE (PLEASE PRINT OR Type) ——_ 1. “License Number: ¢ ? aT i¢ I @ g [ a 2h. 84 —_ 35 ] . 2. Name of Applicant: i Orr) a cr 3 Trade Name of Apoticant (Sole Prapretor/Corp): ole. Don orl nied 20 4. Residence Maing Address: 20 8. BOB REL City, State and Zip Code: Cocoa Beach EL 32931 B. Business Adcress: J 2.) Nh. Seaport Blvd, CapeCanaveral Fl 22920 B. Are you now of with the Isswance of this Licanse an officer of director of any Asal Estate Brokerage Corporation or mamber of any eel Estate Brokerage partnership? [} Yes No H YES. Please show the name and license # of the entity 7, List the name of your last broker/employer or owneplemployer _-Dewns Corporations SETS On Oe 8. Applicant Sin wae Lhidlemenal Mage tein! dave. aleplisaden) Ul 2001. SECTION C- TO BE COMPLETED BY BROKER/EMPLOYER | _) or NON-LICENSED OWNER/EMPLOYER ( (check one, THIS SECTION MUST BE BE COMPLETED by Ev THE BROKER/EMOL OVER BROKER/EMPLOVER 16 THE APPLICANT IS REQUESTING ACTIVE SALESPERSON OR TRNAS SALESPERSON STATUS 1. Name of employer: Main License No; 2. Business address: 3. City, State & zip: Telephone: { __ } — 4. ts the above supervised at a branch office? { } Yes { }.No Branch License No: —_ 5. if yes, give address: 2 —r City, State & zip: ADMINISTRATIVE POMPLAINT. # a ape . b> IBi Tr Se eae al 6. *Certification® The licensee named above will ba suatryised By me ior (4 Beng terminated by mae as ahown in Section "A Tabove) pursuant to Chapter 47%, Plaids Statutes PACE | oF ered Broker or Non-Licensad Owner Sign Here: Date: ——— FORM 000.5 (7.97) MAKE CHECKS PAYABLE To: . Division of Real Estate . STATE OF FLORIDA : DO NOT SEND casy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION CF REAL ESTATE Hurston North Tower « (407} 245-0800 400 W. Robinson St. 2.0. Box 1306, Orlando, FL 32802-1772 REQUEST FOR LICENSE OR CHANGE OF STATUS ** NOTE: FEES aRE SUBJECT TO CHANGE WITHOUT NOTICE, ** AS O01 gee aa fa change Of sletus or teumipelan BROKER; or EL PERS Ey S: COMPLETE SECTION W5ecome activa 4 [ Become active 8.0 (jSecome inactive 8 { ]Gecome inactive 8 (iChenge resicence adcrass 8 {Change broker/owner/employer Bc Change business address 8 {Change legat name BC { Change legs! rare 8 Uchanga business address B.C i]Close business 8 (Change residence sddsass is) {Terminate employvee/Licensee B.C { Receive multpie license a Renew license 400 Trace Nane & (Active: 8.0 [inactive . 8 Renew license (lActive: 8B : : (nective: 8 Other : a SECOND TOGE COMPLETED BY TERETE GR i Ks| 0] *. license wumor BK O 5909 ! Telephone: B2}. *Q359 . ¢ Nome ot Appice: Philomena | : an : an Broker rey 5. Trade Name of Appilean: active Brokers Onty}:_! 4. RusigencesMailing Audress: 520 2 fevard Ave He 2,35 ; City, State and Zig Code: CO 2 . ric. te ip 32931 5. Business Address: 3 ins LcOnse an officer cr director of say Rea: Estate rckeragy Sor PErANSA Or member of 6. Are vou naw or Hmultaneous wih Uie sss any Rea! Estate Brokerege Partmershin? (Yes Jno TYES: Please show the name anc Vevnse # of the antity: —__HA a 7, List the name of your tast broker/employer or cwner/en ployer sDownes Corporations an S CERTIFY THAT | HAVE NOTIFIED MV FOR ER BROKER OF THIS CHANGE, IF APPLICABLE ' . . Octosce 4B Contrads vod From Ph homeno. Mechellaeatc. — heolaonw, . » BIAS| SIP NEB CAPER 117.400, #. Stel... x S21 Oc PETAIS ISGCO kag 63 528 NSB THOREAU 1L9.Ga0 “Bld. 53 Su ASG VIANA HIS, G00 aid “60 lots OfL BATHE 1O5.gG00 ADMINISTRATIVE COMPLAINT EXHIBIT # SEER Daa _ in rer . sae Te EXHIBIT___{2. _PAGE______—~ Ww / DEVELOPMENT CONTRACT MANAGEMENI, Lita py fy 777 North Highway A1A, Suite 201 fi Indialantic, FL 32903 (321 )725-3000 Fax:( 321)676-0792 7 Fax Transmittal To: Magcneet (TN | K Company: Divi sions of LEAL eSTATE From: Tou] Maky ___. DCM __ Campany: Dzete: FEB O° O Oo L ——_<— Tcital Pages Including Cover Sheet: COMMENTS: - er 0. ~~ ADMINISTRATIVE COMPLAINT EXHIBIT #_S _ sove NOILVeOdsdo SNMOT igure sh 928r F i 7 EXHIEN ds” AGERE! /es

Docket for Case No: 04-001550PL

Issue Date	Proceedings
Jun. 15, 2004	Order Closing File. CASE CLOSED.
Jun. 09, 2004	Joint Motion to Abate Respondents` Case (filed by Petitioner via facsimile).
May 19, 2004	Order of Pre-hearing Instructions.
May 19, 2004	Notice of Hearing (hearing set for June 25, 2004; 9:00 a.m.; Cocoa, FL).
May 05, 2004	Joint Response to Pre-hearing Order (filed by Petitioner via facsimile).
Apr. 27, 2004	Initial Order.
Apr. 26, 2004	Request for Administrative Hearing filed.
Apr. 26, 2004	Administrative Complaint filed.
Apr. 26, 2004	Agency referral filed.