FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pee 5/28/2045 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No.:2014-036135 ZOBEIDA E. CASTILLO, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against JZobeida E. Castillo (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed as a real estate sales associate in the State of Florida, having been issued license number SL 3135468. 3. Respondent’s address of record is 942 W. 66th Street, Hialeah, Florida 33012. 4. On or about August 1, 2014, Respondent facilitated a lease for real property located at 3118 N.W. 196th Street, Miami Gardens, Florida 33056 (“Subject Property”). 5. Respondent facilitated the lease transaction without the knowledge or consent of the owner, Elisa Guifarro (“Guifarro”). 6. Section 475.25(1) (b), Florida Statutes, subjects a real estate licensee to discipline for: [Committing] fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. 7. Respondent violated Section 475.25(1) (b), Florida Statutes, when she breached Guifarro’s trust and acted dishonestly by facilitating the lease transaction without Guifarro’s knowledge or consent. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission to enter an order imposing one or more of the following penalties: suspension or permanent revocation of 2 Respondent’s license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. SIGNED this 19th day of May, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: (PO Ym Crystal D. Stephens Assistant General Counsel Real Estate Division Florida Bar No. 96525 Office of the General Counsel 1940 N. Monroe St., Suite 25A Tallahassee, FL 32399 Telephone: (850) 717-1293 PCP Date: May 18, 2015 PCP MEMBERS: Enzor/Ellis NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Petitioner when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 16-001273PL