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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, REGULATORY COUNCIL OF COMMMUNITY ASSOCIATION MANAGERS vs BARBARA BLANCO, 10-002681PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002681PL Visitors: 8
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
May 18 2010 11:11 @a/17/ 2018 85:52 8584146749 DEPR OGA PAGE @5/ag 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 May 18 2010 11:12 @a/17/ 2018 85:52 8584146749 DEPR OGA PAGE 86/a9 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 May 18 2010 11:12 @a/17/ 2018 85:52 8584146749 DEPR OGA PAGE @7/ag 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 @a/17/ 2018 85:52 8584146749 May 18 2010 11:12 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 May 18 2010 11:12 @a/17/ 2018 85:52 8584146749 DEPR OGA PAGE @9/ag 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.
Source:  Florida - Division of Administrative Hearings

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