STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL TTn

FLORIDA REAL EST.1-\ Final Order No. BPR-2005-06460 Date: l I - Ii- Z.005

FILED

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

Petitioner,

Department of Business and Professional Regulation AGENCY CLERK

Sarah Wachman, Agency Clerk

By: )/fi,1ah '----

vs. CASE NO: 2003-068816

2003-068818

TOBY SPILL and RELOCATION NETWORK REALTY CORPORATION,

Respondent.

/

FINAL ORDER

THIS MATTER came before the FLORIDA REAL ESTATE COMMISSION

at a duly-noticed public meeting on September 20, 2005 in Orlando, Florida, for consideration of the Recommended Order of the Administrative Law Judge, and entry of a Final Order. Respondents were represented by Steven W. Johnson, Esquire. Petitioner was represented by Alfonso Santana, Esquire.

Respondents filed exceptions to the Recommended Order. After a complete review of the record in this matter, including consideration of the Recommended Order, Respondents' Exceptions to Recommended Order, the Original Administrative Complaint, the transcript of the proceedings below, mitigating or aggravating circumstances, the Commission makes the following findings and

Page 1 of 5

Filed November 7, 2019 11:10 AM Division of Administrative Hearings

conclusions:

FINDINGS OF FACT

The facts set forth in the Recommended Order with Exhibits, transcripts, and exceptions as set forth below are approved, adopted and incorporated herein by reference by the Commission as the Facts in this case. There is competent, substantial evidence to support these facts.

1. Respondents' exception to the first sentence of Paragraph #16 is GRANTED, because that in the Recommended Order is not based upon competent, substantial evidence. The name of

   the client was Estella Mamane (Tr. 116, 117). the Exception is DENIED.

   The remainder of

2. Respondents' exception to Paragraph #17 is GRANTED because that in the Recommended Order is not supported by competent, substantial evidence (Tr. 116, 117).

3. The remainder of Respondents' exceptions to Finding of Fact Paragraphs 12, 13, 14, 15, and remainder of Paragraph 16 are DENIED as there is competent substantial evidence to support Those findings. (Ex. 7, 11, Tr. 124, 136 and 139.)

CONCLUSIONS OF LAW

Respondents' exceptions to the Conclusions of Law contained n the Recommended Order are DENIED. The conclusions of law set

forth in the Recommended Order are approved, adopted, and incorporated herein by reference by the Commission as the conclusions of law in this case. The violations set forth warrant disciplinary action by the Commission.

PENALTY

In consideration of the foregoing findings of fact and conclusions of law, the Commission accepts the penalty recommended by the Administrative Law Judge.

It is hereby ORDERED AND ADJUDGED that:

1. Counts I and VI of the Administrative Complaint are DISMISSED.

2. Respondents are guilty as charged in Counts II, III,

   
   

   IV, VII, VIII, IX, and X of the Administrative Complaint.

   
   

3. Respondents' Real Estate License shall be suspended for a period of one year from the date of entry of this Final Order.

4. Respondents are fined $8,000.00 jointly and severally.

Said fine is due and payable within 30 days of the entry of this Final Order by U.S. Mail to the Division of Real Estate, 400 W. Robinson Street, Suite 801N, Orlando, Florida 32801-1757.

This Order shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation.

DONE AND ORDERED this day of

2005.

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 has been furnished by U.S. Mail to: Toby Spill and Relocation Network Realty Corporation, c/o Steven W. Johnson, Esquire, 100 S. Bumby Avenue, Suite B, Orlando, Florida 32803; and by interoffice mail to Alfonso Santana, Esquire, Department of Business and Professional Regulation, Florida Real Estate Commission, 400 W. Robinson Street, Suite 801, North Tower, Orlando, Florida 32801-1757; and to Barbara Edwards, Assistant

Attorney General, Office of the Attorney Capitol, Tallahassee, Florida 32399-1050,

2

General, PL-01, The

this l'rf day of

F:\Users\ADMIN\Marti\FREC\Orders\September 2005\Spill and Relocation Network RO w except.wpd

Docket for Case No: 04-004257

Orders for Case No: 04-004257