VY eo) % , Gy STATE OF FLORIDA IDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, A - REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANA * a Zs P DEPARTMENT OF BUSINESS AND Os PROFESSIONAL REGULATION, Petitioner, Vv. CASE NO. 99-09814 DANIEL THOMAS D'ONOFRIO, Respondent. : “Ss / O O - 3 OS ADMINISTRATIVE COMPLAINT Petitioner, the Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint against Respondent, DANIEL THOMAS D'ONOFRIO, (“Respondent”), and alleges: 1. Petitioner is the State agency charged with regulating the profession of Community Association Managers, pursuant to Section 20.165, and Chapters 455 and 468, Part VIII, Florida Statutes. 2. Respondent’s address of record is 37 Holly Pine Circle, Santa Rosa Beach, FL 32459. Respondent is a licensed Community Association Manager in the State of Florida, w having been issued license number CAM-0011870. 4. Respondent entered into a verbal agreement with the Jade East Towers Owners Association, Inc, hereinafter referred to as “JET”, to act as the Community Association Manager. 5. Section 468.436(1)(b)(1), Florida Statutes, states that violation of any provision of this part shall constitute grounds for which disciplinary action may be taken. 10. 11. 12. 13. VY YU COUNT ONE Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five, as though fully set forth herein. Between May 25, 1999 and November 7, 1999, Respondent, on behalf of JET, issued $4,566.07 in advanced paychecks to Glory Brown who performed cleaning for JET. Chapter 61-20.503(7), Florida Administrative Code, makes it unlawful for a licensee to use funds received by him on the account of any community association or its members for purposes other than for which the funds were remitted. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), Florida Statutes, through a violation of Chapter 61-20.503(7), Florida Administrative Code. COUNT TWO Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five, as though fully set forth herein. Between May 25, 1999 and November 7, 1999 Respondent, on behalf of JET, issued $2,782.66 in advanced paychecks to himself as the Manager. Chapter 61-20.503(7), Florida Administrative Code, makes it unlawful for a licensee to use funds received by him on the account of any community association or its members for purposes other than for which the funds were remitted. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), 2 14. 15. 16. 17. 18. 20. 21. Y we) Florida Statutes, through a violation of Chapter 61-20.503(7), Florida Administrative Code. COUNT THREE Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five, as though fully set forth herein. On or about August 31, 1999, Respondent received seven (7) crape myrtle trees and three (3) bales of pine straw for his personal landscaping purposes from Premier Landscaping of Destin. Respondent used JET monies totaling $364.00 to pay for this personal landscaping. Premier Landscaping of Destin issued a refund check to JET for the $364.00. Chapter 61-20.503(7), Florida Administrative Code, makes it unlawful for a licensee to use funds received by him on the account of any community association or its members for purposes other than for which the funds were remitted. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), Florida Statutes, through a violation of Chapter 61-20.503(7), Florida Administrative Code. COUNT FOUR Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Seven, as though fully set forth herein. On or about September 18, 1999, Respondent and Glory Brown purchased a Honda lawnmower from Home Depot using JET monies. 3 22. 23. 24, 25. 26. 27. 28. 29. Y UY This lawnmower has now been returned to JET, however, Respondent admitted to using the lawnmower for personal reasons, Chapter 61-20.503(7), Florida Administrative Code, makes it unlawful for a licensee to use funds received by him on the account of any community association or its members for purposes other than for which the funds were remitted. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), Florida Statutes, through a violation of Chapter 61-20.503(7), Florida Administrative Code. COUNT FIVE Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five, as though fully set forth herein. Between June 25, 1999 and September 3, 1999, Respondent, on behalf of JET, issued $1255.00 in bonuses and unexplained pay to JET employees. Section 61-20.503(7), Florida Administrative Code, makes it unlawful for a licensee to use funds received by him on account of the community association for purposes other than those specified. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), Florida Statutes, through a violation of Section 61-20.503(7), Florida Administrative Code. COUNT SIX Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five, as though fully set forth herein. 4 WU WY 30. Respondent advanced paychecks to himself and Ms. Brown, paid unauthorized bonuses, and used association property as his own. 31. Section 468.436(1)(b)(5), Florida Statutes, makes it unlawful for a licensee to commit acts of gross misconduct or gross negligence in connection with the profession. 32. Based on the foregoing, Respondent has violated Section 468.436(1)(b)(5), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board enter an Order imposing one or more of the penalties authorized by Section 468.436(3), Florida Statutes. ‘ SIGNED this 1) day OTR COUNSEL FOR DEPARTMENT: Allison H. Deison Senior Attorney Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Case No 99-09814 DBPR v. Daniel Thomas D'Onofrio PCP: Date: 2 7s i AHD/knb Peter G. Gioia Deputy General Counsel - Florida Bar No. 801186 FILED Department of Business and Professional Regulation DEPUTY CLERK DATE 5-3) -A000

Docket for Case No: 00-003055PL