Jul & 2010 15:36 arfar/2ala 16:16 8584146749 DEPR OGA PAGE @3/a9 Deputy Agency Clerk ‘CLERK, Brandon Nichols Dete 5/11/2010 Fite ## STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-024583 MURRAY ROSE, Respondent . f ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint against MURRAY ROSE ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of community association Management pursuant to Section 20.165 and Chapters 455 and 468, Part VIII, Florida Statutes - 2. At all times material to this Complaint, Respondent wag licensed to practice community association management within the State of Florida, pursuant to Chapter 455, Florida Statutes, having been issued license number CAM 418. 3. Respondent’s address of record is 300 Bayview Drive #1706, North Miami Beach, Florida 33160. 4, Petitioner received a complaint from [Luba Lacertosa (“Lacertosa”) alleging that Respondent failed to provide Sundial Decument in Unnamed Jul & 2010 15:36 arfar/2ala 16:16 8584146749 DEPR OGA PAGE @4/ag Towars Condominium (“Association”) decuments, failed to provide documents in a timely manner and failed to properly supervise Association maintenance and repairs. 5. Respondent provided management services to the Association and was terminated by letter from the Association dated April 29, 2009. 6. On numerous occasions after Respondent's termination, the Association requested that Association documents be turned over to the Association. 7. Respondent failed to respond to these requests in a timely manner. 8. Respondent failed to turn over all requested Association documents. 9. Respondent also failed to properly supervise Association maintenance projects, resulting in the Association being fined approximately seventeen thousand, eight hundred twenty-six dollars and ten cents ($17,826.10). COUNT ONE 10, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) threugh nine (9) as though fully set forth herein. 11. Section 468.436(2) (b) (5), Florida Statutes, makes grounds for disciplinary action: Document in Unnamed Jul & 2010 15:36 arfar/2ala 16:16 8584146749 DEPR OGA PAGE a5/ag Committing acts of gross misconduct or gross negligence in connection with the profession. 12. Rule 61E14-2.001(6) (a), Florida Administrative Code, states: KR licensee or registrant shall not withhold possession of any original books, records, accounts, funds, oF other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice. Reasonable notice shall extend no later than 20 business days after receipt of a written request from the association. 13. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14-2.001 (6) (a)- Florida Administrative code, by failing to turn over Association documents within twenty business days of a request from the Association. COUNT_TWO 14, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9), eleven (11) and twelve (12) as though fully set forth herein. Document in Unramed arfar/2ala 16:16 8584146749 DEPR OGA Jul & 2010 15:36 PAGE 15. Based upon the facts set forth above, Respondent violated Section 468.436(2)(b) (5), Florida Statutes, through a violation of Rule 61E14-2.001(6) (a), Florida Administrative Code by failing to turn over all Association documents. COUNT THREE 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) and eleven (11) as though fully set forth herein. 17. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, by failing to properly supervise Association maintenance projects. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the penalties authorized by Sections 468.436(3) and 455.227(2), Florida Statutes, which includes, but not is not limited to: revocation or suspension of Respondent's license, imposition of an administrative fine not exceeding five thousand dollars ($5,000.00) for each count or separate offense, jesuance of a reprimand, placement of Respondent on probation for a period of time and subject to such Document if Unnamed a6/ag Jul & 2010 15:36 arfar/2ala 16:16 8584146749 DEPR OGA PAGE conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 15 day of April 2010. CHARLES LIEM, Interim Secretary Department of Business and Professional Regulation By: Dtane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (8950) 414-6749 Facsimile Pc determination: 3-15-10 PC found by: Diane Marger Moore Recument in Unnamed ar/ag Jul 8 2010 15: arfar/2ala 16:16 8584146749 DEPR OGA * PAGE é 68/89 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Flerida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, ta 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) (al. Florida Statutes, the Board, or the Department 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 Respondent in addition to any other discipline imposed. Document in Unnamed

Docket for Case No: 10-004972PL