Ww Y me a ok Z FE ry 0 in /, 4 00 AUG - . Wy, STATE OF FLORIDA’ *U5~7 PH 1:48 on DEPARTMENT OF BU 4okly A “ey ys : MSY PSS COA, FLORIDA DEPARTMENT OF BUSINESS Hl, AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 99-83151 HUMBERTO CARBIA, Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Humberto Carbia ("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, including § 20.165, and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. At all material times, Respondent was a licensed Florida real estate salesperson, issued license number 0660710 in accordance with Chapter 475(Part I), Fla. Stat. 3. The last license issued was a salesperson c/o Florida Professional Real Estate, Inc., 2737 E. Oakland Park Blvd. #203, Ft. Lauderdale, Florida 33306. FDBPR v. Humberto Carbia Case No. 99-83151 Administrative Complaint 4. On or about December 1, 1997, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. A copy is attached and incorporated as 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 “yes” and attached a letter with details about a plea of no contest to a charge for Driving Under the Influence in 1990. 8. In reliance upon Respondent’s application, Petitioner issued a real estate salespersons license to Respondent. 9. On or about July 29, 1994, in the circuit/county court of Broward County, Florida, Respondent entered a plea of nolo contendere to one count of Theft/To Deprive. Respondent was fined $150 and adjudication was withheld. A copy of the certified disposition is attached and incorporated as Exhibit 2. FDBPR v..Humberto Carbia Case No. 99-83151 Administrative Complaint 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 II Based upon the foregoing, Respondent has failed 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 may be imposed for violation(s) of Chapter 455, Fla. Stat., 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 FDBPR v. Humberto Carbia Case No. 99-83151 Administrative Complaint 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 Gt day of of V/V , 2000. yf >< PAL CAYUE. Department of Business and Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Chief Attorney, Real Estate 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. Humberto Carbia Case No. 99-83151 Administrative Complaint GC/k PCP: DS/MV 7/00 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 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. omens RECEIVED DO NOT WRITE OR PRINT UY ¢ . we) IN SPACE BELOW » . NEC rv 1997 ran é ad DIVISION UF moat coLAle 7p QUAL.VERIFIED 37 ep.crs //-3-97 eco EQUIV. APPROVED ES scnoole SO7O/ _ DENIED DEPARTMENT OF BUSINESS AND: PROFESSIONAL REGULATION DIVISION OF REAL ESTATE Hurston North Tower, 400 W. Robinson St., P.O. Box 1900 Orlando/ FL 32802-1900 oe 245-0800 APPLICATION FOR LICENSURE AS A REAL ESTATE-SALESPERSON - reaouirep FEES 185.00 {fee includes first license} DO NOT SEND CASH - MAKE CHECKS PAYABLE TO: DIVISION OF REAL ESTATE INSTRUCTIONS: Type or print with black ink. Fill out carefully. Each question must be answered and the necessary documentation provided or the application will be returned to the applicant. Attach additional pages as necessary. 1. Legal Name: C Aesia4 vathed @ 2. Persona! Mailing Z sol 1. (@) VL SY Oe. Apt f a(x Address: (number) \ (street) . Poiupaxo iA ah Er. noni L/ A 3306, 3. (a) Your Residence 280 {_ f- Cguate We AP. T- H &. | ee Address: (gumber) (street) Lapa BEACI Pirawid Li / 326g (b) Daytime Telephone No. (7511767 _-_ PS DB [. testy tne ovisin of any pamanant advent change. 4. Date of Birth: ale le ¥ 5. Place of Birth: MAY AA EZ. PUERTID 2KD 6. (] Female Peale 7. Social Security No.: 2G5- te — Cleay Under the Federal Privacy Act, disclosure of Social Security numbers is voluntary unless specifically required by Federal statute. In this instance, social security numbers are mandatory pursuant to Title 42 United States Code, Sections 653 and 654; and sections 455.203(9), 409.2577, and 409.2598, Fiorida Statutes. Social Security numbers are used to allow efficient screening of applicants and licensees by a Title IV-D child support agency ta assure compliance with child support obligations, Social Security numbers must also be recorded on all professiona! and occupational license applications and will be used for licensee identification pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec317. 8. Yes [] No Are you a high school graduate or the holder of an equivalency certificate? : COMPLAINT EXHIS. Where would you like to be tested? oO N.W. Florida oO Central Florida A bee A 9. 10. 11. 12. 13. 14. Yes C1 No CI Yes oH no oO Yes [I No 0D Yes [No oO Yes [7 No CD Yes [No 0 Yes [Kio LI Yes [No 0 Yes [No Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo. contendere (no contest), even if adjudication was withheld? This question applies to any violatj of the laws of any municipality, county te or nation, including traffic offenses (but nbridsrking speeding, inspection, or traffic sigh#i violations), without regard to whether you were placed on probation, had adjudication withheld, 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." If 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, declaration, 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; (b) Have you failed any previous examination for licensure as a rea! estate salesperson in this state? If so, state when;___ Have you ever been denied, or 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 alleged fraudulent or dishonest dealing or violation of law? (a) Has any license, registration or permit to practice any regulated 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? (If 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 ectate salespersca or broker, within on year Prior to the filing of this application when y .u were nat, iné fact! tHehotder « of-a valid; urrent license authorizing you to do so? EXPBIT fi. a Bp Ol MEMORANDUM Wisin, he “Apia LET EL Ip DATE: = November 28, 1997 set + 1 1997 TO: Division of Real Estate cme ESTATE FROM: Humberto Carbia ff vaegees SEN RE: Detail of Traffic Violation To Whom It May Concern: In the summer of 1990 | was charged with the violation of driving while under the influence as a traffic offense. My license has since been reinstated, and my traffic record has been “clean” for the past seven years. | have had no other traffic offenses since then. STRATIVE COMPLAINT. Ae 15. oO Yes [A No Are you presently declared mentally incompetent by any court? {If you pswer is "Yes", attach a statement givin\_Je full details.) & ; of / . £ 16.1] Yes [No Have you used, been known as or called by another name or alias pty thdddy e signed to the application. (If your answer is yes, state name or nam lod of time and place where used). 17. ves O No (a) Are you a legal resident of Florida? ig Wa {b) If your answer to question 17 (a) is "NO"; what state are you a legal (Bsaeke of? In addition, please read and sign the irrevocable consent to service below. NOTE: (THIS IRREVOCABLE CONSENT TO SERVICE IS 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. | 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 so 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. VA. 18. If you have held a license and registration as a real estate broker or salesperson in Florida or elsewhere, so state: As a salesperson in from 4 | to (state) Signature As a broker in from to (state) License Number: Name used AFFIDAVIT OF APPLICANT State of Elo fan Qo County of xan Ar A The above named, and undersigned, applicant for licensure as a 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 compiete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to thi application or further statements to the Division or its representatives, by him/her in qualifications. The foregoing application was he acknowledged before me thi. 2& day rV\ Signature of L997 by Heabede CAR bhee- type or print name of applicant [Aa Weve Ve who is personally known to me or who Signature qf per: king acknowledgment has produced ~ Vvel> C icensve . a ia : COMPLAINT. Notar al type of identification po a, 1 oye % Yvonne M Wessels i « Se My Commission C6297: eg Erowes Aor 24 200° ; rane 2 4 as identification. xf fo] 7 Py 3 2 THE CIRCUIT/COUNTY COURT, IN AND FOR BROWARD COUNTY, FLORIDA & FAILURE TO PAY FINE BY THE BELOW DATE MAY RESULT IN A WARRANT FOR YOUR ARREST Pe AND/OR THE SUSPENSION OF YOUR DRIVER'S LICENSE AND DELINQUENCY FEES IMPOSED. ety ; i \ Xe NM _/O1 of ARREST woTLOYOCS Pl Romessunery BOND ___+_seeesesesSSSSSSSsSsesSFC AGENCY FL DATE CASE NO. > DEFENDANT Cex } AKA ead % COURT STATUS imal TRATES, = 9 S38 TRIAL 0 GHANGE OF PLEA . Ol TRUST FUND / HOURS COMM. SERVICE C ARRAIGNM@ , aghUURY, O PLED GUILTY O ADJ. GUILTY VL ASSESSMENT EACH COUNT G SENTENCING” “GUY O-eguRT KPLED NOLO SRWITHHELD ______vc EACH COUNT Oo Pst sf Q-1SF0. . © NOLLE PROSEQUI © DISMISSED 0 ACQUITTED fe * apoR £f SS v.0 CHARGE(S) 3 re DUI USE ONLY a S : . COUNT PROBATION W/SPECIAL CONDITION. ————__ LICENSE SUSP. CO SERVICE Sam CASAP/DUISCHOOL ____________ CASAP EVALUATION couRT ; j $C CosTL DH EMT i , = i = { JAIL TIME << - OTHER o _ f SENTENCE: Onc. Sho SHE le Mola /Bxdiass[yn/an dey Ur ne TATE OF FLORIDA 1 HEREBY CERTIFY that the above COUNT(S) TIME SERVED DAYS as filed in my Office. -OHtielat FOLLYWOOD, FLA. this ty of DEFERRAL FEE TO: is! BY OIsP3 1/87 - JUDGE FILE COPY (DEPUTY CLERK)

Docket for Case No: 00-003245PL