STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

FLORIDA REAL ESTATE COMMISSION

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   DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE

   
   

   Petitioner,

   'Final Order No. BPR-2007-02384 Date:3•=-01

   FILED

   ·Department of Business and Professional Regulation

   AGENCY CLERK

   
   

   vs. Cases No. 2001-182158

   2001-182159

   2003-095724

   2003-095723

   MARLENE MONTENEGRO TOIRAC and HOME CENTER INTERNATIONAL CORP.

   
   

   Respondents.

   I

   
   

   FINAL ORDER

   
   

   THIS CAUSE came on to be heard before the Florida Real Estate Commission (FLORIDA REAL ESTATE COMMISSION or Commission) at a regularly scheduled meeting held in Orlando, Florida, on December 13, 2005.. At that meeting, the FLORIDA REAL ESTATE COMMISSION reviewed the Recommended Order entered by ALJ John G. Van Laningham, on September 14, 2005. The FLORIDA REAL ESTATE COMMISSION has addressed the Exceptions to that Order filed by the Petitioner.

   APPEARANCES

   
   

   For Petitioner: James Harwood, Esquire

   Department of Business and Professional Regulation

   400 West Robinson Street Suite 801, North Tower

   
   

   F \Users\ADMIN\BARBARA\2006WP\Real Estate\FOafter 12057(1) wpd .

   
   

   Filed November 7, 2019 11:18 AM Division of Administrative Hearings

   Orlando, Florida 32801

   
   

   For Respondents: Steven W. Johnson, Esquire

   Magnolia Place Building

   109 E. Church Street, Fifth Floor Orlando, Florida 32802

   
   

   1. The Commission was polled, and it was established that each member of the Commission present and voting on the instant matter had time to review the entire record in this case.

      FINDINGS OF FACT

      
      

   2. The Findings of Fact set forth in the Recommended Order are hereby adopted and incorporated by reference as the Findings of Fact in this case.

      CONCLUSIONS OF LAW

      
      

   3. The Conclusions of Law set forth in the Recommended Order are hereby adopted and incorporated by reference as the Conclusions of Law in this case.

      RULINGS ON THE EXCEPTIONS

      
      

   4. The Commission hereby adopts and incorporates by reference the Exception filed by the Petitioner in this case modifying the Recommended Penalty and as grounds therefore finds:

      1. Count 1, violation of Section 475.25(1)(d)l., Florida Statutes, failure to account or deliver funds including a share of a real estate commission, was established by clear and convincing evidence.

      2. Count III, violation of Section 475.25(1)(k), Florida Statutes, failure to maintain trust funds in the brokerage escrow account or other proper depository was established by clear and convincing evidence.

         
         

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      3. Count IV, violation of Section 475.25(1)(d)l, Florida Statutes, failure to account or deliver funds upon demand of the entitled person was established by clear and convincing evidence.

      4. Count V, violation of 475.25(1)(k), Florida Statutes, failure to maintain trust funds in the brokerage escrow account or other proper depository was established by clear and convincing evidence.

   5. The disciplinary guidelines are set forth in the Recommended Order at page 11.

      
      

   6. There are no mitigating factors.

      
      

   7. The Commission adopts and incorporates by reference herein the Exception filed by the Petitioner.

WHEREFORE, it is hereby ORDERED and ADJUDGED that the Respondents,are

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placed on suspension for a period of four (4) years.

DONE and ORDERED this day of _)"N-0..l..,. ....=-:.,.o.,..M}\)....,.,I.,)--=-.,,.

2006, by the Florida

Real Estate Commission..

Director

Division of Real Estate

NOTICE OF RIGHT TO JUDICIAL REVIEW

AP ARTY 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

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ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF BUSINES AND PROFESSIONAL REGULATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESSCRIBED 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 Marlene Montenegro Toirac and Home Center International Corporation c/o Steven W. Johnson, Esquire, 390 North Orange Avenue, 23rd Floor, Orlando, Florida 32801 and James Harwood, Esquire, Department of Business and Professional Regulation, Division of Real Estate, 400 West Robinson reet, Suite 801, North_ ,!ower, Orlando, Florida 32801-1757, on this A,,( day of

{Y'\ rc..n 2007. r

Docket for Case No: 05-001653

Orders for Case No: 05-001653