FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pte 9/44/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2011-036764 PAMELA WASHBURN, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW, the Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against Pamela Washburn (Respondent) and alleges: 1. Petitioner is the state agency charged with regulating the practice of community association management pursuant to Section 20.165, Florida Statutes (2011), and Chapters 455 and 468, Part VIII, Florida Statutes (2011). 2. At all times material to this complaint, Respondent was licensed as a Community Association Manager (CAM) in the State of Florida, holding license number CAM 7025. 3. Respondent’s address of record is 18215 Branch Rd, Hudson, FL 34667. 4, At all times material to this Complaint, Respondent provided CAM services for the Trails at Rivard Homeowners Association, Inc. (Association). Filed October 30, 2012 9:55 AM Division of Administrative Hearings 5. Respondent mailed a letter dated March 2, 2010, to a homeowner of the Association which indicated that she is a debt collector. 6. In the letter dated March 2, 2010, Respondent demanded payment of an outstanding assessment not yet paid by the homeowner. 7. On or about March 10, 2010, Respondent sent out numerous dunning notices, each of which included a Fair Debt Collection Practices Act notice. 8. Respondent mailed a letter dated July 11, 2011, to a homeowner of the Association which indicated that she is a debt collector. 9, In the letter dated July 11, 2011, Respondent demanded payment of an outstanding balance not yet paid by the homeowner. 0. The letter dated July 11, 2011, included a Fair Debt Collection Practices Act notice. Respondent held herself out as being qualified to perform debt collection services. 2. Anyone who holds himself or herself out as being qualified to perform debt collection services in the State of Florida must have a Consumer Collection Agency license. 3. The Licensing Bureau of the Office of Financial Regulation, Division of Finance determined that Respondent does not hold a Consumer Collection Agency license. 14. Section 468.436(2) (b)2., Florida Statutes (2 subjects a licensee to discipline for “[v]Jiolation of any 1 011), awful order or rule rendered or adopted by the department or the council.” 5. Rule 61E14-2.001(8) (b), Florida Administrative states: a] licensee or registrant shall not perform, agree to perform or hold himself or itself out as being qualified to perform any services which, under the laws of the State of Florida or the United States, are to be performed only by a person or entity holding the requisite license or registration for same, unless the licensee or registrant also holds such license or registrant; provided, however, that no violation hereof shall be deemed to have occurred unless and until the authority administering the license or registration in question makes a final determination that the licensee or registrant has failed to obtain a license or registration in violation of the law requiring same. 6. Based on the facts set forth above, Respo violated Section 468.436(2) (b) (2), Florida Statutes (2 through a violation of Rule 61E14-2.001(8) (b), Fl Code, ndent 011), orida Administrative Code, by holding herself out as being qualified to perform debt collection services when the Licensing Bureau of the Office of Financial Regulation, Division of Finance determined that she failed to obtain a Consumer Collection Agency license. WHEREFORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Department deems appropriate. Signed this 13° day of September, 2012. Ken Lawson, Secretary Department of Business and Professional Regulation By: Cnistin Erica White Cristin Erica White Deputy Chief Litigation Counsel Florida Bar No. 0641340 Office of the General Counsel 1940 N. Monroe Street, Ste.42 Tallahassee, FL 32399-2202 (850) 717-1203 Telephone (850) 414-6749 Facsimile PC Found: 9/13/2012 PC Found By: Cristin Erica White CEW/jjb 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 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 the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-003514PL