Jan 7? 2010 13:0? @1/06/2018 87:58 8504146749 DBPR OGA PAGE 04/88 Deputy Agency Clerk ‘CLERK @randon Nichots Dee = 11/16/2003 Fed 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. 2009-010044 JULIO GONZALEZ-PORTUONDO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint before the Department of Business and Professional Regulation (“DBPR”) against Julio Gonzalez-Portuondo, (“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 licensed in the State of Florida as a community association manager, having been issued license number CAM 219. 3. Respondent’s address of record with Petitioner is 8299 Coral Way, Miami, FL 33155. Document in Unnamed Jan ? 2010 13:08 81/06/2818 @7:5@ 9584146749 DEPR OGA PAGE 05/28 4. Respondent was the community association manager (“CAM”) for Naranja Lakes Condominium #5 Association, Inc. (“Association”). 5. On or about March 2008, the Association terminated the management responsibilities of Property Management Services (“PMS”) and Respondent. Since then, the Association has made several requests for the return of several records and documents; however, Respondent failed to comply in a timely manner. Due to Respondent’s failure to forward the requested records, the Association was unable to complete its 2007 financial audit and incurred penalties for its failure to meet this legal obligation. 6. Section 468.436(1) (b)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.” 7, Rule 61-20.503(6) (a), Florida Administrative Code, Provides, in pertinent part: “A licensee or registrant shall not withhold possession of any original books, records, accounts, funds, or other property of a community association Document in Unnamed Jan ? 2010 13:08 @1/06/2010 87:58 8584146749 DBPR OGA PAGE 86/08 when requested by the community association to deliver the same to the association upon reasonable notice. Reasonable notice shall extend. no later than 20 business days after receipt of a written request from the association.” 8. Based on the foregoing, Respondent violated Section 468.436(1) (b)5, Florida Statutes, through a violation of Rule 61-20.503(6) (a), Florida Administrative Code, by withholding possession of several original records and documents belonging to the Association. Respondent failed to deliver the requested items upon reasonable notice within 20 business days after receipt of a written request. 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 ? 2010 13:08 81/86/2818 @7:50 98584146749 DBPR OGA PAGE conditions as the Department specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this day of , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Diane Marger Moore By: 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 (850) 414-8123 Telephone (650) 414-6749 Facsimile DMM/rcl PCP: DMM PCP Date: j,0-28-09 Document in Unnamed 87/88 Jan ? 2010° 13:08 Q1/06/2018 87:58 8504146749 DBPR OGA PAGE 08/08 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: 10-000053PL