Feb 24 2009 10:37 PAGE 84/88 62/24/2889 11:33 8589219186 DEPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vs. Case No. 2008-008821 JOSEPH V. SCALZO, D/B/A JAYVEES REAL ESTATE M. D. & C., INC. Respondent. ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint against Joseph V. Scalzo d/b/a Jayvees Real Estate M. D. ¢ C., Ine., ("Respondent") and alleges: 1. Petitioner is the state agency charged with requlating the practice of community association management pursuant to Section 20.165, Florida Statutes, and Chaptets 455 and 468 Part VIII, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of community association management pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing regarding the allegations contained herein, " GAOGC ULANAC 2008\Scaizo AC cam.dac 1 Feb 24 2009 10:37 2/24/2089 11:33 8589219186 DEPR PAGE 85/88 Rule 28-106.1]1, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of “receipt of an agency pleading, Respondent waives Respondent’s right to request a hearing on the facts alleged. 4, At no time material hereto was Respondent duly licensed | to. engage in the practice of community association management as defined in Subsection 468.431(2), Florida Statutes, pursuant to Chapter 468 Part VIII, Florida Statutes. Ds At no time material hereto was Jayvees Real Estate M. D. & C., Ine., Guly licensed to engage in the practice of community association management as defined in Subsection 468.431 (2), Florida Statutes, pursuant to Chapter 468 Part VIII, Florida Statutes. 6. The following is Respondent’s last known address: 4151 NW 41 Street, Lauderdale Lake, FL 33319. 7. Respondent is the sole owner and President, Treasurer and, the Secretary of Jayvees Real Estate M. D. & C., Inc. 8. At all material times, Respondent served as the President of the Board of Pearl Condominium Association (“Pearl”), a. 76-unit -condominium association in Lauderdale Lakes, Florida. 9. During his service as the President of the Pearl ’ Condominium Association, precisely between November 1, 2007 and February i, 2008, Respondent performed management duties GAOGC ULA\AC 2008\Sealz0 AC cam.doc zZ Feb 24 2009 10:37 g2/2d/2089 11:33 8589219186 DEPR PAGE 86/88 including receiving funds from the unit owners and depositing such funds in the association’s bank account: signing checks on behalf of the association; paying contractors for the maintenance of the condominium; noticing and conducting association meetings; administering the finances of the association, and discharging other day to day activities as a Manager of the association. 10. Respondent and/or Jayvees Real Estate M. D. & C., Ine. were paid monthly fees for managing the Pearl Condominium Association, Respondent and/or Jayvees Real Estate M. D. §& C., Inc were paid $1,283.33 on November 16, 2007; $1,283.33 on December 12, 2007, and $1,283.33 on January 28, 2008, 11. On or about February 19, 2008, Respondent distributed to the Pearl Condominium Association unit owners a notice of the February 2008 Board meeting, informing such owners that the Board members voted unanimously to “xesume the Management duties, with Jayvees Real Estate M, D, & C, Inc., License Pending, for which Joseph Scalzo graciously accepted”. 12. On June 9, 2008 Respondent filed an application for licensure as a Community Association Manager with the Petitioner. 13. ° Subsection 468.431(2), Florida Statutes, provides that community association management means any of the following practices requiring substantial specialized knowledge, judgment, GAOGC ULA\AC 2008\Sealz0 AC cam.doc 3 Feb 24 2009 10:37 2/24/2089 11:33 8589219186 DEPR PAGE 87/88 and managerial skill when done for remuneration and when the association or associations served contain more than 50 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, and coordinating maintenance for the residential development and other day to day services involved with the operation of a community association. 14. Subsection 468.432(1), Florida Statutes, provides “[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. 15. Based upon the foregoing, Respondent has violated Subsection 468.432(1), Florida Statutes, by providing community association management services at Harbor for compensation, in one of the following ways: (a) by. controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, and coordinating maintenance for the residential development and other day to day services involved with the operation of a GAOQGC ULAIAC 2008\Sealz0 AC cam,.doe 4 Feb 24 2009 10:38 g2/2d/2089 11:33 8589219186 DEPR PAGE @8/ae community association, as defined by Section 468.431(2), Florida Statutes; (b) by holding himself out to the public as being able to manage a community association in this state as provided by. Section 468.432(1), Florida Statutes. ; Wherefore, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time); and/or any other relief the Department is authorized to impose pursuant to Chapters 455 and 468 Part VIII, Florida Statutes, and the rules promulgated thereunder. Signed this Jf day of Coke Ser. , 2008. 3 \ ah Regulation cot Business at ioe Doparten DEPUTY Ch ’ SORAN ARDELEAN CLERK an, 00% Agsistant General Counsel beni "la. Bar No. 734853 DATE 1940 North Monroe Street Tallahassee, FL 32399+2202 Voice: (850) 414-0137 Facsimile: (850) 414-6749 PC Found: Lofrt /: 2006 SA GAOGC ULA\AC 2008\Sealzo AC cam.doc 5

Docket for Case No: 09-001016