Jul 6 2010 15:08 a7/@5/28le @g:4e 8584146749 DEPR OGA PAGE 83/87 FILED Ganartnent of uistts and Profesrlonal Regulation Deputy Agency Clerk CLERK Brandon Nichole Bete = 6/20/2010 Fite at STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-009943 CARL LL. PRESTO, Respondent. f ADMINISTRATIVE COMPLAINT The Department of Business amd Professional Regulation, ("Petitioner"), files this Administrative Complaint against CARL L. PRESTO ("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. At all times material to this Complaint, Respondent was licensed to practice community association management within the State of Florida, pursuant to Chapter 455, Florida Statutes, having been issued license number CAM 30193. 3. Respondent’s address of record is 6331 Rocking Horse Rd., Jupiter, FL 33458. 4. Petitioner received a complaint from Marian Mae Hansen (“Hansen”) alleging that Respondent failed to turn over to Document in Unnamed a7/@5/28le @g:4e Bellatrix Jul 6 2010 15:08 8584146749 DEPR OGA PAGE @4/a7 Condominium and Timeshare Association (“Association”) records when requested. 5. For all times material hereto, Respondent was licensed CAM for the Association. 6. which was 7. the Hansen made a written request for Association records, signed for on March 19, 2009. Section 468.436(2) (b) (5), Florida Statutes, makes grounds for disciplinary action: 8. states: 9. violated violation Committing acts of gross misconduct or gross negligence in connection with the profession. Rule 618614-2.001(6) (a), Florida Administrative Code, A licensee or registrant shall not withhold possession of any original books, records, accounts, funds, or other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice. Reasonable notice shall extend no later than 20 business days after receipt of a written request from tha association. The provisions of this rule apply regardless of any contractual or other dispute between the licensee and the community association, or between the registrant and the community association. It shall be considered gross misconduct, as provided by Section 468,.436(2), F.S., for a licensee or registrant to violate the provisions of this subsection. Based upon the facts set forth above, Respondent Section 468.436(2) (b) (5), Florida Statutes, through a of Rule G1E14-2.001(6) (a), Florida Administrative Decument in Unnamed Jul 6 2010 15:08 a7/@5/28le @g:4e 8584146749 DEPR OGA PAGE 85/87 Code, by failing to provide the Association its records when requested, 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 ($5,000.00) 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. Signed this 12°* day of April 2010. CHARLIE 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 Decument in Unnamed Jul 6 2010 15:08 a7/@5/28le @g:4e 8584146749 DEPR OGA PAGE 86/a7 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 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 Hoard, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed. Document in Unnamed

Docket for Case No: 10-004776PL