Feb 26 2010 16:50 g2/25/2818 11:31 8584146749 DEPR OGA PAGE @4/a7 Deputy Agency Clerk CLERK Brandon Nichols Onte 1/20/2010 Fie? STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY CQUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-015316 JOHN MICHAEL WHITTLE, Respondent . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against JOHN MICHAEL WHITTLE ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of community association management pursuant [fo 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 (SCBM”’), CAM 27905. 3, Respondent's address of record with Petitioner is 11477 MW 48°" Court, Coral Springs, Florida 33076. 4. Petitioner received a complaint from Eugenia Deponte (“Deponte”) alleging that Respondent denied access to records of Document in Unnamed Feb 26 2010 16:50 62/25/2616 11:31 8584146749 DEPR OGA PAGE 85/87 The Point at Delray Condominium Association, Incorporated (“Association”). 5. At all times material hereto, Respondent was the community association manager (“CAM”) for Association. 6. Deponte sent Respondent three requests to view Association records, dated: July 28, 2008; August 8, 2008; and August 26, 2008. 7. Respondent has been nonresponsive to Deponte’s requests. Thus Deponte has been prevented from viewing Association records. 8. Section 468.436(2) (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- 9, Rule 61-20,.503 (6) (b), Florida Administrative Code provides: A licensee or registrant shall not deny access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by law, to the extent and under the procedures set forth in the applicable law. 10. Based on the foregoing, Respondent violated Section Document in Unnamed Feb 26 2010 16:51 62/25/2616 11:31 8584146749 DEPR OGA PAGE 86/87 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61-20.503(6) (b) by denying access to Association records. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the penalties authorized hy Sections 468.436(3) and 455,227(2), Florida Statutes, which includes, but not is mot limited to: revocation or suspension of Respondent’s license, imposition of an administrative fine not exceeding five thousand dollars ($85,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation for a period of time and subject to such conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 8" day January 2010. CHARLES LIEM, Interim 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 (850) 414-8123 Telephone (850) 414-6749 Facsimile DMM/tmy PCP: DMM PCP date: 1/8/10 Document in Unnamed Feb 26 2010 16:51 g2/25/2818 11:31 8584146749 DEPR OGA PAGE @7/a7 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.,i11, 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 4 hearing on the facts alleged. x 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 ihvestigation 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 Unramed

Docket for Case No: 10-000996PL