FILED Daparonend of aries andi Profestonel nepulation Deputy Agency Clerk MPL se ear File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-049066 VIVIANA MAYRA GARCIA, Respondent. / ee, ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint against VIVIANA MAYRA GARCIA ("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 was licensed to practice community association management within the State of Florida, pursuant to Chapter 455, Florida Statutes, having been issued license number CAM 31474. 3. Respondent’s address of record is 710 NW 133 Court, Miami, Florida 33182. 4. Petitioner received a complaint from Jennifer Smith and Andrea Smith (“Smiths”) alleging that Respondent failed to Document in Urnamed bI/TI 390d 90 dddd ZS:S1 O10 91 Bry 6p29bTPaSss 62-@T @182/ST/8a accept Waterside Condominium Association (“Association”) maintenance payments and denied access to Association documents. 5. At all times material to this compliant, Respondent provided management services to the Association. 6. The Smiths sent their maintenance checks to Respondent. 7. The maintenance checks were returned and marked ‘refused.” 8. The Smiths also submitted a letter requesting a copy of the audited financial report for 2009. 9, Respondent failed to timely provide the Smiths access to the audited financial report for 2009. 10. Section 468.436(2) (b) (5), Florida Statutes, makes grounds for disciplinary action; Committing acts of gross misconduct or gross negligence in connection with the profession. 11. Rule 61£14-2.001(6)(b), Florida Administrative Code, states: A licensee or registrant shall shall not deny access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by law, to the extent and under the procedures set forth in the applicable law. 12. Based upon the facts set forth above, Respondent violated Section 468.436(2) (bp) (5), Florida Statutes, through a violation of Rule 61E14-2.001(6) (b), Florida Administrative Code Document in Unnamed bI/2T 3d v90 addad 6P239P1beSB 62:8T B18 ZS:S1 O10Z 91 By ree’ by denying the Smiths access to Association records. Respondent also violated Section 468.436(2) (b) (5) by failing to accept maintenance payments from the Smiths. 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, issuance of a reprimand, placement of Respondent on probation for a period of time and subject to such conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 6"® day of April 2010. CHARLES LIEM, Interim Secretary Department of Business and Professional Regulation By: Diane Marger Moore Diane Margex 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) 414-6123 Telephone (850) 414-6749 Facsimile PC Found: 2-6-10 PC Found By: Diane Marger Moore Vecument in Unnainod PI/ET 39d v0 adda $S:ST OT0Z 91 Sny 6b29> 1 PQS8 6Z2:@1 @18Z/ST/8a NOVICE OF RIGHTS 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 1ssued on his or her behalf 1f 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 ef 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 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 1n Unnamed PI/pl F9Vd v90 ddd 6pL9P 1pOS8B : SSi$1 0102. or re 62:81 8182/ST/88

Docket for Case No: 10-007605PL