Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: ISABEL ALDANA
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 22, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 13, 2009.
Latest Update: Sep. 09, 2024
D1-O&SO PL wy
STATE OF FLORIDA
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE,
Petitioner,
v, DBPR Case NO. 2005026136
ISABEL ALDANA,
Respondent.
/
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional
Regulation, Division of Real Estate (“petitioner”) files this
Administrative Complaint against Isabel Aldana (“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 635160
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FDBPR v. Isabel Aldana Case No. 2005026136
Administrative Complaint
and 3141907 and in accordance with Chapter 475 of the Florida
Statutes.
3. The last license issued was as an active broker at
Executive Realty & Company, Inc., 1000 Ponce De Leon Blvd., #208B,
Coral Gables, Florida 33134 and All Hialeah Realty, Inc., 5201 Blue
Lagoon Drive, #800, Miami, Florida 33126.
4, Respondent is and was at all times material hereto a
licensed Florida real estate instructor, issued license number
1002585 in accordance with Chapter 475 of the Florida Statutes.
5. Respondent is the qualifying broker for Executive Realty
& Company Inc., a licensed real estate brokerage.
6. On or about January 10, 2005 Respondent received a sales
and purchase contract signed by Jaime Puerto & Carolina Sendon
(Buyers) for a property located at 1180 SW 92nd Ave., Miami, FL
33176 (Subject Property), owned by Beningno & Bibiana Vega
(Sellers) .
7. On or about May 23, 2005; Respondent was notified by
Petitioner’s investigator that a complaint was filed against
Respondent for violations of Chapter 475 Florida Statutes.
8. At all times material, Respondent was ordered to provide
brokerage business records for the Subject Property, to include
the sale and purchase contract presented by Beningno & Bibiana
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FDBPR v. Isabel Aldana Case No. 2005026136
Administrative Complaint
Vega.
9. Respondent knew or should have known that brokers are
required to maintain brokerage’s business record for a period of
at least five (5) years.
10. Respondent delivered the brokerage business records for
the Subject Property.
11. Respondent failed to keep and maintain a complete file
including but not limited to a true copy of the sale and purchase
contract presented by Beningno & Bibiana Vega for the purchase of
the Subject Property.
COUNT ONE
Based upon the foregoing, Respondent is guilty of failure to
preserve and make available to the Petitioner, all books, records,
and supporting documents and failed to keep an accurate account of
all trust fund transactions in violation of Rule 6102-14.012(1),
Florida Administrative Code and Section 475.5015, Florida Statutes,
and, therefore, in violation of Section 475.25(1) (e), the 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
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FDBPR v. Isabel Aldana Case No. 2005026136
Administrative Complaint
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 $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 permittee 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
6132-24.001. 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 permittee to complete
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FDBPR v. Isabel Aldana Case No. 2005026136
Administrative Complaint
and pass additional real estate education courses; publication;
restriction of practice; injunctive or mandamus relief; imposition
of a cease and desist notice; or any combination of the foregoing
which may apply. See Section 455.227, Florida Statutes and Florida
Administrative Code Rule 61032-24.001.
Signed this day of , 2009.
ATTORNEY FOR PETITIONER
Re Cy
Patrick Jamés Cunningham
Senior Attorney
Florida Bar No. 469221
Division of Real Estate
Department of Business and
Professional Regulation,
Legal Section - Suite N 801
wo . Hurston Bldg. North Tower
cchinstsaes gta“. 400 West Robinson Street
CORRE Ss ht Orlando, Florida 32801-1757
(407) 481-5632
(407) 317-7260 FAX
/k
PCP: RD/NH 2/09
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Docket for Case No: 09-002850PL
Issue Date |
Proceedings |
Jul. 13, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 09, 2009 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 04, 2009 |
Order Directing Filing of Exhibits
|
Jun. 04, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 04, 2009 |
Notice of Hearing by Video Teleconference (hearing set for July 23, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jun. 01, 2009 |
Joint Response to Initial Order filed.
|
May 22, 2009 |
Initial Order.
|
May 22, 2009 |
Administrative Complaint filed.
|
May 22, 2009 |
Answer to Administrative Complaint filed.
|
May 22, 2009 |
Election of Rights filed.
|
May 22, 2009 |
Agency referral
|