Mar $ 2006 17:19 aa/@e/ 2086 17:11 8584146749 DEPR OGA PAGE @2/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2003-090598 HEATHER MARY MANYO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Regulatory Council of Community Association Managers (“Board”) against HEATHER MARY MANYO, ("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. Respondent is duly licensed in the State of Florida as a community association manager, having been issued license number CAM 38. 3. Respondent’s address of record with Petitioner is 17035 Gulf Boulevard, # 205, N. Redington Beach, FL 33708. 4, Respondent was the community association manager (CAM) for Gulf Beach Resort (“Association”). The Association's President, Rodger J. Gerstung (“Gerstung”), was informed by the President of Brightswater Apartments, another community in which the Mar $ 2006 17:19 63/68/2666 17:11 8584146749 DEPR OGA PAGE 83/88 Respondent managed, that it was discovered that Respondent had been paying herself double her contracted wage. 5. The Association immediately conducted an investigation the Association's records, which revealed that Respondent had written several unauthorized checks to herself. The St. Petersburg Beach Police Department was called and the incident was documented, but there were no formal criminal charges filed against Respondent. 6. Respondent was informed of the Association’s discovery of the fraudulent appropriations and she agreed to reimburse the Association for their loss. 7. Section 468.436(1)(b)(2), Florida Statutes, provides that: Violation of any lawful order or mile rendered or adopted by the department or the council constitutes grounds for which disciplinary ‘action may be taken. 8. Section 61-20.503(7), Florida Administrative Code, states in pertinent part: A licensee or registrant shall use funds received by him or it on the account of any community association or its members only for the specific purpose or purposes for which the funds were remitted. 9, Based on the foregoing, Respondent violated Section 468.436(1)(b)(2), Florida Statutes, through a violation of Section 61-20.503(7), Florida Administrative Code, by failing to use community association funds for the specific purpose or purposes for which the funds were remitted. WHEREFORE, Petitioner respectfully requests the Board to enter 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 Mar $ 2006 17:19 aa/@e/ 2086 17:11 8584146749 DEPR OGA PAGE @4/ae 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 197 aes of : fi! fi Ain b 6} 2004, B: rian A. Higgins Assistant General Counse] Counsel for the Department: Brian A. Higgins Assistant General Counsel F | f f D Florida Bar No. 0169791 Department of Business and Department of Business and Professional Regulation Professional Regulation DEPUTY CLERK 1940 North Monroe Street NM ‘ Tallahassee, Florida 32399-2202 CLERK Achat Telephone: (850) 488-0062 1d ~} - 2004 Facsimile: (850) 414-6749 DATE BAH/klw Case No. 2003-090598 Pe, 4-ar-oFcet

Docket for Case No: 06-000835PL