Mar 3 2010 11:43 3/02/2616 6:24 8584146749 DEPR OGA PAGE 83/88 FILED Hepartment af Business and Prefessonal Requistion Deputy Ageney Clerk CLERK Brandon Nichols Date 2112010 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS ORPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2008-027729 PETER O. KISHA2Y, Respondent. / : ADMINISTRATIVE COMPLATNT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint J against PRTER O. KISHAZY ("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 VIII, Florida Statutes. 2. Respondent is licensed in the State of Florida as a community association manager (“CAM”), CAM 28540. 3. Respondent’s address of record with Petitioner is 3401 N. Country Club Dr., #305, Aventura, PL 331860. 4. Respondent served as the CAM for Windermere Condominium Association, Inc. (hereinafter “Association”) until his services were terminated on April 30, 2008. G:\OGC\Professions Bsaeds\cams\Ac\2009\Kishazy, Peter OB-D27729\AC.doe Mar 3 2010 11:43 63/82/2818 86:24 9564146749 DEPR OGA PAGE 84/a8 5. Respondent was also an employee of Pro Property Management, Inc. (hereinafter “Pro Property”), acting as a community management business, during this time. 6. Five checks were made payable from the Association's bank account to Homefinders, a partner company of Pra Property and Respondent, on October 2, 2007 totaling $77,786. 7. The checks described above were: #2006 for $55,800.00; #2007 for $6,280.00; #2008 for $4,863.00; #2009 for $5,412; and #2010 for $5,431. 8. The memo lines for these checks indicated that they were paid for code violations and for painting reserves. 9. However, no work was performed to correct any code violations and the Association’s buildings were not painted, 10. Section 468,436(2) (b) (5), Plorida Statutes, provides: “[clommitting acts of gross of gross misconduct or gross negligence in connection with the profession | shall constitute grounds for which the disciplinary actions in subsection (4) may be taken.” $$ <—-~— Based On tne toreqoingd, Respomedenc VUiorated ection 468.436(2) (6) (5), Florida Statutes, by allowing checks to made payable to Pro Property’s partner corporation for work which was never completed, G:\OGC\Profegsions Soarda\cams\AC\2000\Kishazy, Peter 08-027729\ac.doc Mar 3 2010 11:44 aa/a2/2018 6:24 8584146749 DEPR OGA PAGE @5/@8 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 (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. ab Signed this [%" day of _ Jonmaauc , 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Pye ee Diane Marger ooze Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation OEfice—of the Ganera) counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (850) 414-6749 Facsimile DMM/kem PCPs prin Dyke 1 \-0-410 G;\OGG\Profegsions Boards \cams\Ac\2008\Kighazy, Peter O8-027729\AaC.doc Mar 3 2010 11:44 3/02/2616 6:24 8584146749 DEPR OGA PAGE 86/88 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 c¢ross-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 ———— et Respondent in addition to any other discipline imposed. G6: \OGC\Professiong Boards\cams\AC\Z009\Kishazy, Peter 08-0277295AC doc

Docket for Case No: 10-001099PL