l

r IL t V

ill'ltid-hQ'lt::iJMlllll.l.1\tJll',llil;IDn

Deputy Agency Cle-rk

Cl-E:RlC Evett& Law:i;1;1o roctor

p.., 1/612011

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No, 2010-026362

TAMMY L. SWIECKI,

Respondent. /

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner" I , files this Administrative Complaint before the Department of Business and Professioni;i.l Regulation against TAMMY

L. SWIECKI ("Respondentw), and alleges:

1. Petitioner is the state agency charged with regulating the practice of community association management pursuant to Section 20.165, Florida Statutes, "'nd Chapters 455 and 468, Florida Statutes, and the rules promulgated thereto.

2. Petitioner has jurisdiction

   over the

   unlicensed

   
   

   practice of community association management according to Section 455.228, Florida Statutes.

3. At no time material to this complaint was Respondent duly licensed to engage in the practice of community association management pursuant to Chapter 468, Florida Statutes.

   
   

   0;\00C\Profossiom; Boardslcam:s\ACUoel Willi.iui.1s:\Swiecki. Twniny L. 20I0M0263G2

   
   

   EO 39\/d

   
   

   £S:£T TTOZ vz q8

   \/90 d&IQ

   
   

   5PL9PUOS8

4. Respondent's address of record is 8177 W. Glades Road, #15, Boca Raton, FL 33434,

5. In June 2007, Respondent, d/b/a TLS Management Services, was hired by the Board of Boca Entrada II Condominium Association (Boca) to provide community association management services to Boca.

6. Respondent provided community association management services to Boca from June 2007 through May 2010.

7. From the time she was hired until she was terminated

   
   

   in May 2010, Respondent was not licensed as a community association manager in the State of Florida.

8. Subsection 468.431(1), Florida Statutes, states, in pertinent part: A person shall not manage or hold herself or himself out to the public as being able to manage a community association in this state unless she or he is licensed by the department in accordance with the provisions of this part.

9. Based on the facts set forth above, Respondent violated Section 468.432(1), Florida Statutes, when she performed community association management services at Boca from June 2007 to May 2010, while not licensed to do so.

1 O. Based on the forgoing, 468.432(1), Florida Statutes,

Respondent violated Subsection by managing a community

association in the State of Florida while not licensed to do so.

G:\OGC\Prof1."1:ssio1ts Board:s\cnn1:s\A.C\J'o l Willinins\Swi,;: ki, Tam,my L 2010..026362. 2

PO 39\/d \190 dd8Q

vs:£1 TTOC VG qa

5PL9PTPOS8

WHEREFORE, Petitioner respectfully requests the Department enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent's license, restriction of Respondent's practice, imposition of an adruinistrative fine not to exceed $5,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, or any other relief that the Department is authoriied to impose pursuant to Chapters 455 and

468 Part VIII, F'lorida Statutes, and the rules promulgated thereunder.

Signed this 5 t h day of January, 2011,

CHARLES LIEM, Secretary Department of Business and

Professional Regulation

PC found:

PC found by; JL/jpw

12/29/10

Jody Lane

By:

'loc[yLane

Jody Lane

Assistant General counsel Florida Bar No. 0568971 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

(850) 414-6749 Facsimile

G:\OGC\Profes1;1.h,1ns Eoards\c-ams\AC\Jod. Williams\Swii:1.ki, Tamruy L. ZOI0•026'.362 3

SO 39\/d

vS:£1 TTOZ vz q8

\/90 ddl:IQ

5PL9PUOS8

NOTICE 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 <1nd 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 <1n agency pleading, Respondent waives the right to request a hearing on the facts

<>lleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investig<>tion and prosecution of this mattel'.', Pursuant to Section 455.227(3)(a), Flol'.'ida St<1tutes, the Bo<>rd, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the c<>se excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

G:\OOC\Protcaaiom; Bo \ca.tn11.\AC\Jot:I WiJliaJ.ns\Swii:.cki, l'ammy L. 2010-0:26362 4

90 39\/d

vS:£1 TTOC vc qa

\190 dd8Q

5PL9PTPOS8

Docket for Case No: 11-001014