STATE OF FLORIDA ms 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “ngage FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE. Petitioner. Vs. KERVIE DUANE COMBASS. Respondent. / ADMINISTRATIVE COMPLAINT DBPR Case N° 99-81869 State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner”) files this Administrative Complaint against Kervie Duane Combass (hereinafter “Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT |. 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 § 20.165. Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0659015 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a salesperson %Showcase Properties Inc., 7408 Hwy. 21, Keystone Heights, Florida 32656. FDBPR vy. Kervie Duane Combass Case No. 99-81869 Administrative Complaint 4. On or about November 12, 1997, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy of the Application for Licensure as a Real Estate Salesperson is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed a sworn affidavit which stated: The above named, and undersigned, applicant for licensure as real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that s(he) is the person so applying, that s(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever. 6. Question 9 of the application asked whether Respondent had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld.” 7. To question 9 of the application, Respondent replied “No.” 8. In reliance upon Respondent's application, Petitioner issued a real estate salespersons license to Respondent. 9. On or about January 21, 1992. in the Circuit Court of Clay County, Florida, Respondent entered a plea of nolo contendere to one count of Possession of Untaxed Cigarettes. The court withheld adjudication and sentenced Respondent to pay court costs, perform 30 hours of community service and to forfeit cash. A copy of the Judgement and Sentence is attached 2 FDBPR v. Kervie Duane Combass Case No. 99-81869 Administrative Complaint hereto, incorporated herein and made a part hereof oy reference as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, the Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of § 475.25(1)(m), Fla. Stat. COUNT I Based upon the foregoing, Respondent has fatled to comply with the requirements of Fla. Admin. Code r 61J2-2.027(2) and therefore is in violation of § 475.25(1)(e), Fla. Stat. 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, Fla. Stat., 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 § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which raay be imposed for violation(s) of Chapter 455, Fila. Stat., depending upon the severity of the offense(s), include: revocation of the license, 3 FDBPR v. Kervie Duane Combass Case No. 99-81869 Admunistrative Complaint 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; injunctive or mandamus relief, imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this ( day of April , 2000. IEP DRALE Ss Department offB d Professional Révutation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Nancy P. Campiglia Florida Bar N° 0164259 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Kervie Duane Combass Case No. 99-81869 Administrative Complaint GC/NC/k PCP: TR/JR 4/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, 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, Fla. Stat., 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 informial 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. OpRae1.t (REY. 4188 RECEIVen NOV12 1997 3 Divisiun Ur nea SOVAIE DO NOT WRITE OR PRINT F] E n IN SPACE BELOW Not to be filled in by appicant QUAL. VERIFIED ep.crs /d-//-F% epee //-/7-97 ; EQUIV. APPROVED Nuk. 4a scnoois S52/Y/ _ oewen eee DEPARTMENT OF BUSINESS, AND PROFESSIONAL REGULATION DIVISIOM OF REAL ESTATE Hurston North Tower, 408 W. Robinson St., P.O. Box 1900 Orlando, 32802-19005 (GON 235.0300 APPLICATION FOR LICENSURE AS A REAL ESTATE SALESPERSON - require FEES 185.00 (fee includes first license} ° DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE 'NSTRUCTIONS: Type or print with black documentation provided or the application ink. Fill out carefully. Each question must be answered and the necessary will be returned to the applicant. Attach additional Pages as necessary. 1. Legal Name: Com j OSS 4a Lie Lhave {hawt} (Fre) (Middle) 2. Personal Mailing Ax SY Lyne KS Address: (number, [sree Pars horse Lhessh Ay 02/3 LL SRESE iatyh (county) (state) (zip code) 3. {a) Your Residence GSIY ‘A Yi AL, Address: ‘number) ‘atreat VA CLF, LL. Shs (city) a sd a (state) (zip code) (b) Daytime Telephone No.:( 352) Y23 - 7979 4. Date of Birth: Je Mee C2 5. Place of Birth: Waekseae le (Notify the Division of any permanent address change.) FL 6. | Female iW Male 7. Social Security No.: REY - &3- SPAR inder the Federai Privacy Act. disclosure of Social Securmty numbers is voluntary uniess we Manaatory pursuant to Title 42 United States Code, Sections 653 and 654: and cumbers are used ta allow erhcient screenmg of applicants and licensees by a Title Iv- Security numbers must also be recorded on ail Professional and occupational licen Responsioility and Work Opportunity Recanciliation Act of 1996 (Welfare Reform 3. KR} ves C1 No Act, Are you a high school graduate or the holder of an equivalency certificate? sdecifically required by Federat statute. In this instance. sociai security numbers sections 455.203(9), 409.2577, and 409.2598. Florida Statutes. Social Security O child support agency to assure compliance with child support abligations, Social se applications and will be usea for licensee rdentification Dursuant to the Personal 104 Pub.t.193, Sec317 APS Oe Mo who Where would you like to be tested? (] N.W. Florida J&X centrat Florida (, Soutty Florid _t Ow paead PF pr 2 9. i] Yes Ww No 10. CJ 1.0 12.0 13.0 Yes Kj No Yes 1%} No Yes [0 No Yes R No Yes [J No Yes Bd No Yes #0 No Yes X No Yes B no itave vou ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo cont ere (no contest), even if adjudication v withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, of pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable iaw of another state, you are responsible for verifying the expungement or sealing prior to answering "NO.” lf you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. (a) Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, deciaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing? (b) Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing? (If your answer to question 10 (a) or (b) is "Yes” attach a complete statement of the charges and facts, together with the dates, name and location of the court in which the proceedings were held or are pending.) (a) Have you, in this state, Previously filed any application for licensure as a real estate salesperson? If so, state when: . eee (b) Have you failed any previous examination for licensure as a real estate Salesperson in this state? If so, state when: . a _ Have you ever been denied, o7 is there now pending a proceeding to deny your application for a license, registration, or permit to practice any regulated profession, occupation or vocation, or have you withdrawn an application for such a license, in this or any other state, province, district, territory, possession or nation, because of alieged fraudulent or dishonest dealing or violation of law? (a) Has any license, registration or permit to practice any regutated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or Permit to practice any regulated profession, occupation or vocation while such charges were pending? (c}) Has any broker's or salesperson’'s license held by you been revoked, suspended or otherwise acted against by the real estate licensing agency of any state, territory or country? (1f your answer to questions 12 or 13 (a), (b) or (c) is the affirmative -"Yes" - attach a complete statement giving the name and address of the officer, board, commission, court or governmental agency or department before whom the matter was, or is now, pending and give the nature of the charges and state the facts.) Have you, in this state, Operated, attempted to operate, or held yourself out as being entitled to operate, as.a real estate salesperson or broker, within one year prior to the filing of this application when you “pe not, ir: cact, the holder of a valid, current license authorizing you to do’so? |) ae : aan re Ra. we eee oe ie roles 15. Oo Yes xq] No Are you presently declared mentally incompetent by any court? (If your answer is "Yes", attach a statement giving the fuil details.) 16. oO Yes & No Have you used, been knowa as or called by another name or alias other than the name signed t» the application. (If your answer is yes, state name or names used, the Period of time and place where used). ee eee 17. ig Yes im No {a) Are you a legal resident of Florida? (b) If your answer to question 17 (a) is "NO"; what state are you a legal resident of? \n addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE 1S. APPLICABLE TO NON-RESIDENT APPLICANTS ONLY) ! agree, by becoming the holder of a Florida real estate license, to submit to the jurisdiction of the Department of Business and Professional Regulation and the Division of Administrative Hearings, which agreement is irrevocable. his/her successors in office’ shail receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and Process so served shail be valid and binding, which agreement is irrevocable. | further agree to file with the Division of Real Estate the designation of the name and address of the person ta whom Process served upon the Division Director is to be forwarded and to keep said designation curremt. Signature 18. If you have held a license and registration as a reat estate broker or salesperson in Florida or elsewhere, so state: As a salesperson in from to (state) As a broker in from to (wtate) License Number: Name used AFFIDAVIT OF APPLICANT State of County of The foregoing application was acknowledged before me this ( ow day mee Signature of applicant of Deyn. 19 FD ; 7 by Ws Khawé ¢ ? cnt bas.s BAioi i 4 Pree 1? type or pant name of applicant who is personally known to me or who has produced Orivare Tie Ce a ee type of identiicanon ee on | al LISA L. DEAN as identification oe 2 = % Notary Seal uot antic, State of Florida . mood a ewe ‘ty Comm, Exp. Jan. 8. 1998 Comm .No. CC 333145 i CIF“)IT LC. : INTHEQR RKYC RTOFCLAY COUNTY, FLORID. SayeNumber___ 9172278-CEA STATE QE FLORIDA Fil. En vs : i Kervie Camoass . OL JAN.25 PH I2: 55 Defendant ~ 7 JUDGMENTSIQDGENTENCE You, _._Kervie Combass ADMINISTRATIVE being now belure this Court, attended = your anarney, __James R. Thies, Sr., Escuire 5 -Gad ra jomncocheanctionnnonicot coosmeof TRK THIS INSTRUMENT IN THE COMPUTER, — SDL having «-’aexndoeqdoradniipandensoced . = entered a plea of Nolo Coniendere . mre 123-42 . Possession Of Untaxed Cigarettes = —_——____—_WHaA The Court 2ahoderomacnriieanamanamix:. Do you have any cause to show why senten.c of the law should not be pr nuunced upon you, or anything to offer ia mitigation of sentence? Saying nothing sufficient, it is rhe sentence of thelawar | judgement of the Court that you | pay court costs of $105.75, perform 30 hours commmity service (DEFT PERFORMED), forfeit | cash at time of arrest ($212.0C). cc ae In addition thereto, you shall pay the sum of 32008 for the use of the Florida Police Academy. The Court now advises you tr iC is your right to appeal from this judgment and sentence within 30 days from this date. You are further advised that you ¢ entitled to assistance of counsel in taking an appeal. Upon your request, and showing that you are enritled to an attorney att expense of the State. the Court will appoint ane for you. V/ 21st DONE AND ORDERED in Open Court at Green Cove Springs, Clay County, Florida this January A 1 2 WA Zi SCT mi" f9 —____. day fAage FINGERPRINTS L,. ARLOANE TAYIOR 3. R. Middle 4. R. Ring | 5. R. Little isis acertifled cosyoftha jinal on fildlin tais office, nessmy “YR a) 10. L. Little | HEREBY CERTIFY that the above and foregoing fingerprints on this Judgment and Sentence are the fingerprints of defendant, ——_—___—___.. and that they were placed thereon by 5s detendant in my presence in Open Court this day of 19 Fingerprints taken by: ate heionie’ gy iene /S LAT CI I t LO nme Judge CTY -008-0691 -5000

Docket for Case No: 01-000329PL