FiLLuyv Gepartnent of business Ad Profesrianhl Raguistion Deputy Agency Ciptk CLERK = Brandon Nichols Daw 6/11/2010 Files STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND | (Xy (74 PROFESSIONAL REGULATION, () - lp Petitioner, Case No. 2009-019609 VIVIANA MAYRA GARCIA, Respondent. / 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 denied Documesit in Unnamed bI/S@ = 390V. ‘J v90 ddd 6p29> Tb@SB 62:@T @102/ST/88 TS:ST O02 91 Sry access to Waterside Condominium Association (“Association”) records. 5. At all times material to this compliant, Respondent provided management services to the Association. 6. The Smiths scheduled an appointment with Respondent to view Association records on or about April 2, 2009. 7. On or about April 2, 2009, when the Smiths appeared to view records, they were informed that Respondent had cancelled the appointment. 8. The smiths have since been prevented from viewing Association records. 9. 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. 10. Rule 61814-2.001(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. 11. 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) (b), Florida Administrative Code by: Denying the Smiths access to Association records. Document in Unngined bT/9@ 39Vd VOO adda 6b29P TpaSs 62: IS:S1otoz 91 Bry Ql B1BZ/ST/8B 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: xevocation 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, ussuance 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 1** day of April 2010. CHARLES LIEM, Interim Secretary Department of Business and Professional Regulation By: Diane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 2686364 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 (650) 414-6749 Facsimile PC Found: 4~1-10 PC Found By: Diane Marger Moore Dccument in Unnamed pI/2@ 390d v90 add 6p.9p tress 62:81 8182/ST/8e TS:ST 0102 91 Bny NOTICE OF RIGHTS Respondent has the right to request a nearing 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 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) (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 in Unnamed bT/88 39vd v90 add TS:ST OT0Z 91 Sny 6b29>Tpass 62:8T @18Z/ST/8e

Docket for Case No: 10-007606PL