Apr 19 2010 10:05 @4/1e/281e adi? 8584146749 DEPR OGA PAGE 2/14 FILED Department of Ourinets ano Professional flapulation Daputy Ageney Clerk CLERK Brandon Nichols Cote 3/3/2010 Fite # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-027515 DEVAN MICHAEL MCNALLY, Respondent. ADMINISTRATIVE COMPLAINT Fetitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DEVAN MICHABL MCNALLY ("Respondent"), and alleges: 1, Petitioner is the State agency charged with requlating 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 (“CAM”), CAM 31157. 3. Respondent's address of record with Petitioner is 8606 White Cay, West Palm Beach, FL 33411. 4. Petitioner received a complaint from Robert Maxwell Sheiner (“Sheiner”’) alleging that Respondent made false and Document in Unnamed Apr 19 2010 10:05 O4/18/2616 4:47 8584146749 DEPR OGA PAGE 83/18 misleading statements in an elaborate scheme to take business and gain financial advantage and access to Association funds. 5. At all times material hereto, Sheiner was the licensed community association manager (“LCAM”) of Blue Sky Miami, Incorporated (“Blue Sky”). 6. Respondent was employed by Blue Sky from March 2007 to March 2008. q, Respondent committed one or more of the following acts curing performance of management duties: a. Created a corporation and used it to divert clients from Blue Sky to the corporation which operated under a deceptively similar name; b. Made false and misleading statements to Blue Sky clients for personal gain; c. Tampered with Biue Sky and Association funds and converted said funds to his own uge in violation of his obligations to Associations and Blue Sky. 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 Dosument in Unnamed Apr 19 2010 10:05 @4/1e/281e adi? 8584146749 DEPR OGA PAGE @4/1a disciplinary actions in subsection (4) may be taken. 9, Rule 61E14-2.001 (2), Florida Administrative Code provides: Honesty. During the performance of management services, a licensea or registrant shall not knowingly make an untrue statement of a material fact or knowingly fail toe state a material fact. 10, Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14-2.001(2) by making false and misleading statements during management duties. The acts of the Respondent would also arise to the level of gross misconduct during the course of his CAM responsibilities. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing ome 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) fer 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 Apr 19 2010 10:05 O4/18/2616 4:47 8584146749 DEPR OGA PAGE conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 9°" day of February 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 PC Found: 2-9-10 PC Found By: DMM Document in Unnamed 45/18 Apr 19 2010 10:06 @4/1e/281e adi? 8584146749 DEPR OGA PAGE 46/18 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 om 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: 10-002087PL