Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, REGULATORY COUNCIL OF COMMMUNITY ASSOCIATION MANAGERS
Respondent: ALL FLORIDA MANAGEMENT COMPANY
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. 24, 2024
@6/17/2018 65:56
May 18 2010 11:15
8584146749 DEPR OGA PAGE @5/ag
FILED
Department of fusines and Profestional Reputation
Deputy Agency Clerk
‘CLERK frandon Nichale
Dete = 2/24/2010
Filo ®
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Cage No. 2009-028644
ALL FLORIDA MANAGEMENT COMPANY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
against ALL FLORIDA MANAGEMENT COMPANY ("Respondent"), and
alleges:
1.
Petitioner is the State agency charged with regulating
the practice of community association management pursuant to
Section 20,165 and Chapters 455 and 468, Part VIII, Florida
Statutes,
2.
community
3.
Respondent is licensed in the State of Florida as a
association management pusiness (“CAB”), CAB 3224.
Respondent’s address of record with Petitioner is 9415
Sunset Dr. #149, Miami, Florida 33173.
4.
Petitioner received complaints from Ixmgard Epstein
Brierre (“Brierre’) against Respondent, as well as its officer,
Document in Unnamed
@6/17/2018 65:56 8584146749 May 18 2010 11et5
DBPR OA PAGE 46/89
Barbara M- Blanco (“Blanco”), alleging various acts of
misconduct during the course of management.
5. At all times material hereto, Respondent, through
Blanco, acted as the CAB for Lake and Tennis Villas Association
(“Association”) .
6. Respondent committed, either through Blanco or through
its employees, one or mere of the following acts during
performance of management duties:
a. Buthorized the use of numerous checks
containing a forged signature;
b. Attempted to persuade the person whose
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:
Document in Unnamed
@5/17/ 2018 65:56 8584146749
May 18 2010 11:15
DEPR OGA
(a) Violation of any provision of 6&8.
455.227 (1).
9. Section 455.227(1) (m), Florida Statutes prohibits:
Making deceptive, untrue, or fraudulent
representations in ot related to the
practice of a profession or employing a
trick or scheme in of related to the
practice of a profession,
10. Based on the foregoing, Respondent violated Section
458.436(2) (a), Florida Statutes, through a violation of Section
455.227(1) (mb, 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 not limited to: revocation or suspension of
Respondent’s license, imposition of an administrative fine net
exceeding five thousand dollars ($5,000.00) for each count or
separate offense, issuance of a reprimand, placement of
Document in Unnamed
PAGE
ar/ag
5/17/2818 65:56 B5e4146749
May 18 2010 11:16
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 4™
By:
DMM/tmy
PC Found: 2-4-10
PC Found By: DMM
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
(950) 414-8123 Telephone
(850) 414-6749 Facsimile
ae/ag
May 18 2010 11:16
a5/17/ 2016 85:56 8584146749 DEPR OGA
PAGE @9/ag
NOTICE OF RIGHTS
Respondent has the vight to request a hearing to be
aonducted 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
eall and cross-examine witnesses and to have subpoenas and
subpoenas duces tecum igsued 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 assés6
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: 10-002682
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 |
Administrative Complaint filed.
|
May 18, 2010 |
Election of Rights filed.
|
May 18, 2010 |
Agency referral filed.
|