@l/a4/2818 85:4a Jan 3 2010 10:57 B5ad1de749 DEPR OGA PAGE ad/a9 FILED Department of Business and Professional Aaquiation Deputy Agency Clerk CLERK Brandon Nichole Dete = 44/13/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, Case No. 27009-024812 ADVANCED MANAGEMENT OF SOUTH FLORIDA, INC., Respondent . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against ADVANCED MANAGEMENT OF SOUTH FLORIDA, INC. ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of community association management firms pursuant to Section 20.165 and Chapters 455 and 468, Part VITI, Florida Statutes. 2. Respondent is licensed in the State of Florida as a community association management firm (*“CAB’), CAB 179. 3. Respondent's address of record with Petitioner is 3905 62" Street East, Bradenton, FL 34208. 4. On May 11, 2009 the Department of Business and Professional Regulation (“Department”) received a complaint from Document im Unnemed Jan 3 2010 10:58 Al/a4/2018 85:40 a5a4146749 DEPR OGA PAGE 85/88 Gordon Serbus (“Serbus”), President of Sarasota Palms Condominium Association, Inc. (“Association”), alleging that the on-site CAM failed to bid work on condominium air conditioners, in violation of Section 718.3026, Florida Statutes, and that he signed a contract for the work without the required approval of the Association Board, in violation of Section 4(DB) of the Management Agreement. 5. The on-site CAM of the Association was Kent Brown (“Brown”), CAM 27543. 6. Pursuant to Sections 3 and 4 of the management agreement, Brown was acting as an employee of Respondent. 7. Section 469.436(2) (6b) (5), Florida Statutes, provides: “Committing acts of gross misconduct or gross negligence in connection with the profession constitutes grounds for which the disciplinary actions in subsection (4) may be taken.™ 8. Rule 61F14-2.001(5), Florida Administrative Code, provides: ‘A licensee or registrant shall not permit others under his or its control to commit on his or its behalf, acts or omissions which, if made by the licenses or registrant, would place him or it in violation of Chapter 468, Part VIII, F-5., or Chapter 61-20, F.A.C. A licensee or registrant shall be deemed responsible by the department for the actions of all persons who perform community Decument in Unnamed Jan 3 2010 10:58 @l/a4/2818 85:4a 8584146749 DEPR OGA PAGE 86/88 association management related functions under his or its supervision or control.” 9. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61B14-2.001(5), Florida Administrative Code, by failing to take responsibility for the actions of Brown, which resulted in unauthorized expenses te the Association. WHEREFORE, Petitioner respectfully requests the entry of 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 period of time and subject to such Document in Unnamed Jan 3 2010 10:58 @l/a4/2818 85:4a 8584146749 DEPR OGA PAGE conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 2 day of November, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Diane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (8950) 414-8123 Telephone (850) 414-6749 Facsimile DMM/aa PCP: DMM PCP Date: 11-2-09 Doeument in Unnamest ar/ag Jan 3 2010 10:58 @l/a4/2818 85:4a 8584146749 DEPR OGA PAGE @8/ae NOTICE OF RIGHTS Respondent has the right to request a hearing to he 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, Document in Unnamed

Docket for Case No: 10-000022