FILED STATE OF FLORIDA W bone Foe BP DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . FLORIDA REAL ESTATE COMMISSION 100b NOY-| P |: 39 FLORIDA DEPARTMENT OF BUSINESS . CHVISION OF AND PROFESSIONAL REGULATION, ADMIRISTRATIVE DIVISION OF REAL ESTATE, l J 4 | Vy p L HEARIH Petitioner, 0 vs. FDBPR Case N° 2005057029 LANCE HUNTER KORNBERG, Respondent. / ADMINISTRATIVE COMPLAINT ‘State of Florida, Department of Business. and Professional Regulation, Division of Real Estate (‘Petitioner’) files this Administrative Complaint against Lance Hunter Komberg , (“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 sales associate, issued license number 3072201 in accordance with Chapter 475 of the Fiorida Statutes. 3. The last license issued was as an inactive sales associate at 2245 Nova Village Drive, Davie, Florida 33317. FDBPR vs Lance Hunter Kornberg . DBPR Case N° 2005057029 Administrative Complaint 4. On or about August 25, 2003, Respondent submitted to Petitioner an application for licensure as a real estate sales associate. A copy of the application is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On the application, Respondent signed an attest statement: Thave read the questions in this application and have answered them completely and truthfully to the best of my knowledge. 6. The question on the application relating to a criminal background 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” and required the disclosure of individual offenses. 7. To the question on the application relating to criminal background, Respondent replied “No.” 8. Inreliance upon Respondent’s application, Petitioner issued a real estate sales associate’s license to Respondent. . 9. Respondent failed to disclose that on or.about August 26, 2002, in the county court of Broward County, Florida, Respondent entered a plea of “no contest” to the criminal charge of possession of cannabis, 20 grams or less. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 10. Respondent failed to disclose that on or about June 13, 1997, in the county court of Broward County, Florida, Respondent entered a plea of “no contest” to the criminal charge of theft. FDBPR vs Lance Hunter Kornberg DBPR Case N° 2005057029 Administrative Complaint A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent failed to disclose that on or about June 1, 1998, in the county court of Broward County, Florida, Respondent entered a plea of “no contest” to the criminal charge of theft. A copy of the certified court documents is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. . COUNT I Based upon the foregoing, Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of Section 475.25(1)(m), Florida Statutes. COUNT I ' Based upon the foregoing, Respondent has failed to comply with the requirements of Rule 61J2-2.027(2) of the Florida Administrative Code and, therefore, is in violation of Section 475.25(1)(e), Florida Statuies, WHEREFORE, Petitioner respectfully requests the F lorida 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 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 FDBPR vs Lance Hunter Kornberg DBPR Case N° 2005057029 Administrative Complaint : of up to $1,000 for each count or offense; imposition of. investigative costs; issuance ofa 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 Section 475 .25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. 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 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this\ SAW day of Resgust 2006. “yagiavtment of Professional Regulaiitigy, Division of Real Estate Dennis J. Yecke Deputy Secretary for Professional Regulation FDBPR vs Lance Hunter Kornberg - DBPR Case N° 2005057029 Administrative Complaint ATTORNEY FOR PETITIONER rin Ardelean, Senior Attorney Fla. Bar No. 734853 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX PCP: JV/JR 8/06 NOTICE TO RESPONDENTS 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 pursuant to this Administrative Complaint you may request, within the time allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; 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 informal 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. DBPR RE-2000-1 - Application Requirements _ REV 11/01 . Flt 9 Finda ue _.. | STATE OF FLORIDA ni f ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL elt ere. - REGULATION Risht Now: APPLICATION REQUIREMENTS: Application requirements vary depending og the-license type being applied for. The following table Provides an overview of the information required by each applicant. Please submit this checklist with your application. Ch k ff T ication Fee © “ Required Forms Auton License Type Application Fee (By Form Number) Requested Salesperson ; : D4, . 0010-2, 0030-1, 0050-7, 0060-1, 2010- Salesperson x 0010-4, 0030-1, 0050-7, 0060-1, 2010-1 (Mutual . Recognition) 0010-4,0030-1, 0050-1, 0060-1, 2010-1 ’ Broker (Mutual _ . 0010-4, 0030-1, 0050-1, 0060-7, 2010-4 “Recognition) . : Lo . a a Registered $269.00 - 0010-2, 0030-1, 0050-1, 0060-1, 2010-1, 2060-1 “Assistant : : Appraiser ‘ . Certified $369.00 0010-2, 0030-1, 0050-17, 0060-1, 2010-1 Residential Appraiser : — ‘Licensed $369.00 0010-2, 0030-1, 0050-1, 0060-1, 2010-1 Appraiser Certified : $369.00 ‘0010-3, 0030-1, 0050-1, 0060-1, 2010- General . Appraiser : ‘Non-Resident Temporary Appraisal , _| Practice Permit : - Instructor — 0010-2, 0030-1, 0050-1, 0060-1, 2010-1, 2030-1 | Real Estate 7 : 0010-2, 0030-1, 2020-1 ADMINISTRATIVE COMPLAINT EXHIBIT # . REPORT |, - . EXHIBIT#_ 7) PAGE OF PAGE# rs DBPR RE-2000-1 — Application Requirements REV 11/01 Forres Folens. STATE OF FLORIDA _ Righifere. _ DEPARTMENT OF 2 JSINESS AND PROFESSIONAL a . =.EGULATION Right Now -APPLICATION REQUIREMENTS: Application requirements vary depending on the license type ‘being applied for. The following table provides an overview of the information required by each applicant. Please submit this checklist with your application. Check Action Requested Continued License Type Application Fee Required Fonns ( By Form Numbar). Instructor — Residential Appraisal $144.00 0070-2, 0030-1, 0050-1, 0060-1, 2010-1, 2040-4 4 Instructor — General ©. Appraisal School Chief. Administrator 0010-3, 0030-1, 0050-1, 0060-1, 2010-1, 2040-4 001C ‘, 0030-1, 2070-1 ‘} New — 0020-4, 0030-1, 0040-1, 2050-1, Corporations 2100-1 (Optional) New Branch 0020-2, 2100-1 Office ~ New School $135.00 0020-2,.0030-1, 0040-1, 2070-4 School ‘| Additional’ Location 0020-2, 2100-1 Corporate | Amendment Please call for ° 0020-4, 0030-1, 0040-7, 2050-1 appropriate fee(s) . Checks and Money Orders accepted. Please make payable to: _ Division of Real Estate - 1940 N. Moriroe Street Tallahassee, Fl 32399-0783 ADMINISTRATIVE COMPLAINT _ pEpORT EXHIBIT EXHIBIT#__\_ CAGE 4 . OF PAGE#__\>\_ Seteeneeeee _ . PRIOR LICENSE INFORMATION i ff you currently or previously have held a business or professional license/registration in Florida or elsewhere, please list them below: : i, License/Registration Type [Se] Date (From i. / “ i i Date (To) ° : / / Name Used ' Date (From) Date (To) / I / / Se 7 __ BACKGROUND INFORMATION — : Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including fetony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or 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 law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS, FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE, IF YOU DO NOT FULLY UNDERSTAND THIS ESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE A DEPARTMENT... : . {License Number Yes O (If yes, please complete form 0050-1) | 2. Yes Q No @ | Has any judgment or-decree of a court been entered against you in this or : (If yes, please any other-state, province, district, territory, possession or-nation, in which complete form you wee charged in the petition, complaint, declaration, answer, 0050-1). counterclaim, or other pleading with any fraudulent or dishonest dealing, or is there any such case or investigation pending? 3. Yes .@) Have you ever had an application for registration, certification, or (If yes, please licgrsure in Florida or in any other jurisdictidn denied, oris there now complete form pénding a proceeding or investigation to deny such an application? 0060-1 Has any license, registration or permit to practice any regulated (if yes, please Profession, occupation, vocation, or business beeri revoked, annulled, complete form. |: ' suspended, relinquished, surrendered, or withdrawn in Florida or in any OD60-1) other jurisdiction, or is any such Proceeding or investigation now _| pending? _ li you answered “YES™ to questions 1 = 4 above, please provide the full details of any criminal conviction, lawsuit or judgment, or administrative action including the nature of any charges, dates, outcomes, sentences, and/or conditions imposed; the dates, name and location of the court and/or jurisdiction in which any proceedings were held or are Pending: and the designation and/or license number for any actions against a license or licensure application. Please utilize form 0050-1 for your responses to questions 1 and 2; and form 0060-1 for your responses to questions 3 and 4. Ifyou have more than seven offenses to document on form 0050-1, attach additional copies of form 0050-1 as necessary. : : : ADMINISTRATIVE COMPLAINT REPORT EXHIBIT #_ / EXHIBIT page 9 Qo grat nn _—— PRIOR NAME INFORMATION Have you used, been known as, or called by another name (example - maiden name, pseudonym, nickname) or alias other than the name signed to the application? Yes 2 .No Q If your ariswer is yes, state name or names used below: Last Name: Middle Last Name Middle Lest Name —_ i Middle ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE es OF REPORT ExHipir#_~4 PAGE# DBPR RE-2010-1 — Real Estate Background Questions REV 06/01 Clonialn s Foil. STATE OF FLORIDA -TH tH sg; DEPARTMENT OF BUSINESS AND PROFESSIONAL , et e. REGULATION RightNow. NOTE — This form must be submitted as part of an le entire application packet / a APPLICANT INFORMATION’ Wiastn a i Sufi ist Name rovegu bb First LAVeg Middle her” iX . QUESTIONS Are you @ current member in-good standing of the Florida Bar? Yes O No B | Are you a high school graduate or the holder of an equivalency certificate? Yes No Q | z MUTUAL. RECOGNITION 4) Are you requesting mutual re ognition? From what state are you requesting mutual Fa . . Yes O No ; tecognition? . ‘ ONSENT TO SERVICE Are you.a Florida resident? Yes ENo U . If no, please read and affirm Irrevocable Consent to Service statements below by checking BOTH items ‘f NOTE: (The following Irrevocable Consent to Service is applicable to non-resident applicants Jponly) : . Q | agree, by becoming the holder of a Florida realestate license, to submit to the jurisdiction of the _ Department of Business and Professional Regulation and the Division of Administrative Hearings, ‘which agreement is imevocable. an ; Q | agree, by becoming the holder of a Florida real estate license, that the Director of the Division of Real Estate and his/her successors in office shall receive service of all legal process issued against me in any administrative or civil action or proceeding in this state, and Process 50 served shall 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 to whom process served upon the Division Director is to be forwarded and to keep said designation current. : ADMINISTRATIVE COMPLAINT. . EXHIBIT dé DBPR 0050-1 — Explanatory Information for Background Questions Ronit 6 1 Fafa. STATE OF FLORIDA Rig tHere. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ RightNow. NOTE — This form must be submitted as part of an - application packet PERSONAL INFORMATION Last Name lepieqs ME, Li . First lee. Middle ‘fj Identify question number on form 0010-1 this explanation pertains to: Pe EXPLANATION | Offense . : lf | PenallyiDisposition . . : Date of Offense (MMIDD/YYYY) Have all sanctions been satisfied? : f t Yes O No Descriptian = ; ‘Offense © County #| Penalty/Disposition Date of pense RIO Have all sanctions been satisfied? : Yes O -- No i=) Deseiplion : _. EXPLANATION . || Offense ; ; Wt Penalty/Disposition Date of Offense (MM/DD/YYYY) Have ail sanctions been satisfied? | / i . Yes O No Q Description UMPLAINT, oo REPORT tere ST exaipire PAGE# ) u a ___ EXPLANATION " “}] Penalty/Dispasition : . || Date of Offense (MMIDDIYYYY) . Have all sanctions been’satisfied? - I 1 Yes O ° No oO ; rT ___ EXPLANATION a | OO Penalty/Disposition Date of Offense (MM/DD/YYYY) Have all sanctions been satisfied? | / i [Yes' QO No Q Description | ‘Offense ‘|| Penalty/Disposition fl Date of Offense (MMIDDIVYYY) Have all sanclions bean satisfied? TH / / Yes QO No Q- : Description EXPLANATION Offense : | Penalty/Disposition . Date of Offense (MM/DDIYYYY) Have all sanctions been satisfied? : / i Yes O No Description ADMINISTRATIVE COMPLAINT Attach additional sheets ; n ich additional sheets as necessary . PAGE OF REPORT EXHIB! ba! TH PAGE#_" 1 @ DEPR 0060-1 ~ General Explanatory Description. ‘Flew He 1 fotuee.. STATE OF FLORIDA o Ri tHere. DEPARTMENT OF BUSINESS AND. As PROFESSIONAL REGULATION tNow NOTE — This form must be submitted as part of an ; . application packet APPLICANT INFORMATION First EXPLANATION ADMINISTRATIVE COMP LAINT EXHIBIT # ; REPORT PAGE a ee: ha iar vy My Commission 00086382 Ve Expires October 22, 2005 . APPLICATION INFORMATION FOR REAL ESTATE SALESPERSONS AND BROKERS QUALIFICATIONS An applicant for licensure as a Salesperson or Broker must be at least 18 years of age; hold a high schoo! diploma or its equivalent and meet the qualifications of Chapter 475.17 Florida Statutes. Your signature on form 0030-1 is your affirmation that you have satisfied all of the Qualifications requirements to include education and experience specified by Chapter 475. FINGERPRINTS. . The application must be accompanied by a COMPLETED (blue and white APPLICANT fingerprint card), Form NO. FD-258, programmed for “Florida Real Estate Commission,” executed no more than 60 days Prior to filing. The applicant should contact a local law ‘enforcement agency to secure Proper prints on this card. All information requested on the fingerprint card must be filled in by the applicant, including sex, race, height, eyes, hair, place of birth. This fingerprint card will be used-to check criminal history records of the FBI. NOTICE To ATTORNEYS AND INDIVIDUALS WITH REAL ESTATE DEGREES ' ‘Florida Real Estate: Commission Rule 61J2-3.008(10) & (11) of the Florida Administrative’ Code . Provides relief from certaifi educational requirements for. Attomeys and individuals with 4-year Real Estate degrees only. of the Florida Statutes On-line a www.MyFlorida.com — 1. In the right-hand navigation bar under “Find an-Agency”, 2. Click on “Bus..& Prof, Reg.” and then click “GO”, 3. In the left-hand navigation bar, click‘on “Real Estate”. 4. In the left-hand navigation bar, click on “FS 475 Part I”. You may access Chapter 475 th. You may access the Rules of the Florida Real Estate Commission On-line by following the above instructions, except use the following step 4: | 4. In the left-hand navigation bar, click on “FREC Rules 61/2”. ADMINISTRATIVE COMPLAINT EXHIBIT # : PAGE [| oF __REPoR EXHIBIT? " PAGES "~~~ Ee APPLICATION INFORMATION FOR REAL ESTATE SALESPERSONS AND BROKERS _ EXAMINATIONS The State examination is administered in accordance with Section 455.217 of the Florida Statutes. An applicant will. be notified when approved for ‘examination; and’ must ‘@ppear for examination within 1 year from the date the application was received and accepted by the Division of Real Estate. The testing vendor will be notified, by DBPR, once the application has been approved. The testing vendor will contact applicants. with the required testing administration information. The application shall expire 1 year from the date received if the applicant fails to take and pass the appropriate state examination. The examination fee will be ' paid separately by the applicant to the testing company. Applicants must successfully pass the State examination within 2 years of completion of the pre-license course. NOTICE TO PERSONS WITH DISABILITIES - | Ifyou have a disability and require special accommodations in taking this examination, you | Must submit a “Request for Special Accommodations" application along with your application. If accommodations are not requested in advance, we cannot guarantee the availability of accommodations. : EMPLOYMENT INFORMATION Upon passing the examination, applicants will receive an inactive license but may request an active license upon securing employment by filing DBPR RE-2050-1 with the Division of Real Estate. If you need to start work immediately upon passing the examination, bring a completed - DBPR RE-2050-1 to the exam site. : : : o POST-LICENSE EDUCATION . : ‘ . In accordance with Florida Real Estate Commission’ Rule 61J2-3.020(1)(b) of the Florida Administrative Code, all applicants for. licensure who pass the state real estate broker or salesperson examination must Satisfactorily complete a Commission prescribed or approved post-licensing course-prior to the first renewal following initial licensure. : “ ADMINISTRATIVE COMPLAINT exHieir fo REPORT pace IR we paulerre NY -AdOO Bld Boy . . 7 > @ > im Tame ; . | rey . BeemoD wt 3 ‘ os . - iy “Waa ALNaaa Jf] ‘apane an al = - - _ Ww merase Et : E DRA eee 5 en! 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Reporting Probation - —_———— Months with Special Conditions: ) DUI School Level ( ) Evaluation, treatment and therapy, if necessary 42 workoff fine /costs @ $ per hour ) May buy out community service @$_ _ per hour hours community service iph )____._ AA meeting(s) per week » days immobilization by: : } No alcobol or intoxicarits while on Probation “ (-) Random breath / urine analysis @ defendant's expense ).License suspended ( )DDS hours( —_) Anger Management ' )Pay all outstanding fines / costs on Driver’s License Record. ) All fines / costs imposed are a condition of probation on Count(s)_- ) Time: Served’: days on Count(s) : days Broward County Jail.with credit for days time served. _ 7) No harmful contact/( )No contact with victim _ AL special conditions of probation must be met by the : - month of probation. 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Docket for Case No: 06-004218PL

Issue Date	Proceedings
Jan. 08, 2007	CASE STATUS: Hearing Held.
Jan. 08, 2007	Order Closing File. CASE CLOSED.
Jan. 02, 2007	Motion to Deem Admissions Admitted and Relinquish Jurisdiction filed.
Dec. 20, 2006	Petitioner`s Witnesses List filed.
Nov. 13, 2006	Order of Pre-hearing Instructions.
Nov. 13, 2006	Notice of Hearing by Video Teleconference (hearing set for January 8, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 03, 2006	Unilateral Response to Initial Order filed.
Nov. 02, 2006	Petitioner`s First Interrogatories to Respondent filed.
Nov. 02, 2006	Petitioner`s First Request for Production of Documents filed.
Nov. 02, 2006	Petitioner`s First Request for Admissions filed.
Nov. 02, 2006	Notice of Service filed.
Nov. 01, 2006	Administrative Complaint filed.
Nov. 01, 2006	Election of Rights filed.
Nov. 01, 2006	Agency referral filed.
Nov. 01, 2006	Initial Order.