Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, REGULATORY COUNCIL OF COMMMUNITY ASSOCIATION MANAGERS
Respondent: BARBARA BLANCO
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 18, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 15, 2010.
Latest Update: Dec. 27, 2024
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Department of Sickwsst aid Professional Regulation
Deputy Agency Clerk
CLERK Brandon Nichols
Date = 3/3/2010
Fila #
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Case No. 2009-028623
BARBARA M. BLANCO,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
against BARBARA M. BLANCO ("Respondent"), and alleges:
1. Petitioner is the State agency charged with regulating
the practice of community association management pursuant to
Section 270.165 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 8234.
3. Respondent's address of record with Petitioner is 9415
Sunset Dr. #149, Miami, Florida 33173.
4. Petitioner received a complaint from Irmgard Epstein
Brierre (“Brierre”) alleging various acts of negligence and
misconduct committed by Respondent in her position as CAM.
Document in Unnamed
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5. At all times material hereto, Respondent was the CAM
for Lake and Tennis Villas Association (“Association”).
6. Respondent committed, either personally or through her
employees, one or more of the following acts during performance
of Management duties:
a. Authorized the use of numerous checks
containing a forged signature;
b. Attempted to persuade the person whos#
signature was forged to mislead the Association
by agreeing to a version of the facts contrary
to the truth.
7. 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.
8. Section 468.436(2) (a), Florida Statutes, provides:
The following acts constitute grounds for
which the disciplinary actions in subsection
(4) may be taken:
{a) Violation of any provision of s&.
455.227(1).
Docutent in Unnamed
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9, Section 455.227(1) (m), Florida Statutes prohibits:
Making deceptive, untrue, or fraudulent
representations in or related to the
practice of a profession or employing a
trick or scheme in or related to the
practice of a profession.
10. Based on the foregoing, Respondent violated Section
468.436(2) (a), Florida Statutes, through a violation of Section
455,227(1) (m), Florida Statutes by making fraudulent
representations and/or employing a trick or scheme in relation
to the CAM profession. The acts of Respondent would also arise
to the level of gross misconduct during the course of her CAM
responsibilities, thus constitute violation of Section
468.436(2) (b) (5), Florida Statutes.
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 mot 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 of
separate offense, issuance of a reprimand, placement of
Decument in Unnamed
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DEPR OGA PAGE
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 37
By:
DMM/tmy
Document in Unnamed
day of February 2010,
CHARLES LIEM, Interim Secretary
Department of Business and
Professional Regulation
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
ae/ag
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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, fo 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
igs requested. Rule 28-106.111, Florida Administrative Coda,
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,
Decument in Unnamed
Docket for Case No: 10-002681PL
Issue Date |
Proceedings |
Oct. 15, 2010 |
Order Closing Files. CASE CLOSED.
|
Oct. 06, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 02, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 8, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
|
Aug. 23, 2010 |
Joint Motion for Continuance filed.
|
Aug. 23, 2010 |
Notice of Substitution of Counsel (filed by J. Lane) filed.
|
Jun. 24, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 15, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jun. 22, 2010 |
Joint Motion for Continuance (filed in Case No. 10-002682).
|
Jun. 22, 2010 |
Joint Motion for Continuance filed.
|
Jun. 03, 2010 |
Order of Pre-hearing Instructions.
|
Jun. 03, 2010 |
Notice of Hearing by Video Teleconference (hearing set for July 23, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jun. 02, 2010 |
Order of Consolidation (DOAH Case Nos. 10-2681PL, 10-2682).
|
May 27, 2010 |
Joint Response to Initial Order filed.
|
May 26, 2010 |
Notice of Substitution of Counsel filed.
|
May 18, 2010 |
Initial Order.
|
May 18, 2010 |
Election of Rights filed.
|
May 18, 2010 |
Administrative Complaint filed.
|
May 18, 2010 |
Agency referral filed.
|