Jul 9 2010 10:38 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 83/28 FILED Department of Busthabts atid Protexinasl Regulation AGENCY CLERK CLERK Eyette L Proctor Date = 8/26/2010 Fila ® STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2010-012448 TIERRA VERDE PROPERTY MANAGEMENT, LLC, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint against TIERRA VERDE PROPERTY MANAGEMENT ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regquiating 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 CAB 2056. 3. Respondent's address of record is 5457 Lynn Lake Drive South, Unit D, St.Petersburg, Florida, 33712. 4, Petitioner received a complaint alleging that Respondent, through its managing partner Linda Susan Rouanzion, Document in Unnamed Jul 9 2010 10:38 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE @4/28 (“Rouanzion”), used Wander Residences of Tierra Verde Condominium Association (“Association”) credit cards for unauthorized uses. 5. In 2001, Respondent opened a Home Depot Account to purchase supplies for Association. 6. Between 2001 and 2008, Respondent used the Association’s Home Depot credit card to purchase items for other condominiums and homeowners associations for which Respondent provided management services. 7. All charges made for supplies, purchases or other services for the benefit of other Associations, the Respondent ox other persons, unrelated to Wander Residences of Tierra Verde Condominium Association, were not authorized by Association. 8. The use by Respondent, directly or indirectly, of Association’s credit amd credit card for supplies, purchases and other charges for purposes not benefitting Wander Residences of Tierra Verde Condominium Association, violated Florida law. COUNT ONE 9. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) above, as though fully set forth herein. 10. Section 468.436(2) (b) (5), Florida Statutes, prohibits community association managers from: Tocument if Unnamed Jul 9 2010 10:38 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 85/28 Committing acts of gross misconduct or gross negligence in connection with the profession. 11. Section 468.436(2) (b), Florida Statutes, provides that certain acts constitute grounds for which disciplinary actions may be taken. The Respondent violated this Section in several ways, including the following: A. Violation of any lawful order or rule rendered or adopted by the Department or the council. B. Violation of any provision of Section 455.227 (1) and specifically: (a) making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession; (tm) 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; (n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. 12. Rule 61E14-2.001(7), Florida Administrative Code, states: Financial Matters. A licensee or registrant shall use funds received by him or it on the account of any community association or its members only for the specific purpose or purposes for which the funds were remitted. Document in Unnamed Jul 9 2010 10:38 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 86/28 13. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (2) and/or (5), Florida Statutes, through a violation of Rule 61B14-2.001(7), Florida Administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items for Castillo Del Sol, in the amount of or about two thousand nine dollars and sixty cents ($2,009.60); Loy By using the Association Home Depot e¢redit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about two thousand nine dollars and sixty cents ($2,009.60). 14. Based on the foregoing, Respondent violated Section 468.436(2) (b) (2) and/or (5), Florida Statutes, through a violation of Rule 61B14-2.001(7), Florida Administrative Code, when its managing member/owner/employee used Association credit card to purchase items for Castillo Del Sol. 15. Based on the foregoing, Respondent violated Section 468.436(2)(a) and (b) by violating Section 455.227, Florida Statutes. COUNT _IT 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) Document in Unnamed Jul 9 2010 10:38 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 7/28 and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully set forth herein. 17. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (2) and/or (5), Florida Statutes, through a violation of Rule 61E14-2.001(7), Florida administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items or services for Downtown Tierra verde, in the amount of or about one-thousand fifty-six dollars and fifty-three cents ($81,656.53); b) By using the Association Home Depot credit card to purchase items, obtain services or for other purposes to benefit a person other than association in an amount of or about one-thousand fifty-six dollars and fifty-three cents ($1,656.53); 18. Based on the foregoing, Respondent violated Section 468.436(2) (b) (2) and (5), Florida Statutes, through a violation of Rule 61614-2.001(7), Florida Administrative Code, when its employee/owner/managing member used the Association credit card to purchase items for Downtown Tierra Verde. Doeument in Unnamed Jul 9 2010 10:39 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 88/28 19. Further, based on the foregoing, Respondent violated Section 468.436(2) (a) and (b) by violating Section 455.227, Florida Statutes. COUNT _ THREE 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully set forth herein. 21. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 618i4-2,.001(7), Florida Administrative Code, in one or more of the following ways! a) By using the Association Home Depot credit card to purchase items for Mount Vernon Condominium Association, in the amount of or about one thousand six hundred twenty-one dollars ($1,621.00). b) By using the Association Home Depot credit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about one thousand six hundred twenty-one dollars ($1,621.00). 22, Based on the foregoing, Respondent violated Section 468.436(2) (b) (2) amd (5), Florida Statutes, through a violation Document in Unnamed Jul 9 2010 10:39 a7/@e/2616 85:18 8584146749 DEPR OGA PAGE 89/28 of Rule 61814-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for Mount Vernon Condominium Association. 23. Based on the foregoing, Respondent violated Section 468,436(2) (a) and (b) by violating Section 455.227, Florida Statutes. COUNT _FOUR 24, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully set forth herein. 25. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61B14-2.001(7), Florida Administrative Code, in one of more of the following ways: a) By using the Association Home Depot eredit card to purchase items for Sunset Watch, in the amount of or about one thousand seven hundred eight dollars and fifty-three cents ($1,708.53). b) By using the Association Home Depot credit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about one thousand Document in Unnamed Jul 9 2010 10:39 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE laf 8/28 seven hundred eight dollars and fifty-three cents ($1,708.53). 26. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61£14-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Asseciation credit card to purchase items for Sunset Watch. 27. Further, based on the foregoing, Respondent violated Section 468.436(2) (a) and = (b) by violating Section 455.227, Florida Statutes. COUNT FIVE 28, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully set forth herein. 29. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a4 violation of Rule 61814-2.001(7), Florida Administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items for Old Island Inn Condominium Association, in the amount oF or about one thousand seventy-six dollars and eighty-seven cents ($1,076.87). Document in Unnamed Jul 9 2010 10:39 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 11/28 b) By using the Association Home Depot eredit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about one thousand seventy-six dollars and eighty-seven cents ($1,076.87). 30. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14=2,.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for Old Island Inn Condominium Association. 31. Based on the foregoing, Respondent violated Section 468.436(2]) (a) and (b) by violating Section 455.227, Florida Statutes. COUNT Six 32. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully set forth herein. 33. Based woon the facts set forth above, Respondent violated Section 468.436(2) (6) (5), Florida Statutes, through a violation of Rule 61E14-2.001(7), Florida BReministrative Code, in one or more of the following ways: Document in Unnamed Jul 9 2010 10:40 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE a) By using the Association Home Depot eredit card to purchase items for Boca Sands Condominium Association, in the amount of or about three thousand thirty-four dollars and forty-four cents (83,234.44). b) By using the Association Home Depot aredit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about three thousand thirty-four dollars and forty-four cents (83,234.44). 34, Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14=2.001(7), Florida Administrative Code, wher. its employee/owner/managing tember used the Association credit card to purchase items for Boca Sands Condominium Association. 35. Further, based on the foregoing, Respondent violated Section 468.436(2) (a) and (b) by violating Section 455.227, Florida Statutes. COUNT SEVEN 36. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14) through fifteen (15) as though fully get forth herein. Becument in Unnamed 12/28 Jul 9 2010 10:40 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 13/28 37. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61614-2.001(7), Florida Administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items for The Pinnacle, in the amount of or about one thousand nine hundred twenty dollars and forty-eight cents ($1,920.48). b By using the Association Home Depot eredit card to purchase items, obtain services or for other purposes ta benefit a person other than Association in anh amount of or about one thousand nine hundred twenty dollars and forty-eight cents ($1,920.48). 38. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for The Pinnacle. 39. Further, based on the foregoing, Respondent violated Section 468.436(2)(a) and (b) by violating Section 455.227, Florida Statutes. Reeument in Unnamed Jul 9 2010 10:40 a7/@e/2616 85:18 8584146749 DEPR OGA PAGE 14/28 COUNT EIGHT 40. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (il), twelve (12) and fourteen (14 through fifteen (15) as though fully set forth herein. 41. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61LE14-2.001(7), Florida Administrative Code, in one or more of the follewing ways: a) By using the Association Home Depot credit card te purchase items for 702 Mirror Lake Condominium Association, in the amount of or about ohne thousand sixty-two dollars and nineteen cents ($1,062,19). i By using the Association Home Depot credit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of or about one thousand sixty-two dollars and nineteen cents ($1,062.19). 42. Based on the foregoing, Respondent violated Section 468,.436(2) (b) (5), Florida Statutes, through a violation of Rule 61B14-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for 702 Mirror Lake Condominium Association. Datument in Unnamed Jul 9 2010 10:40 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 15/28 43. Further, based on the foregoing, Respondent violated Section 468.436(2) {a} and (tb) by violating Section 455.227, Florida Statutes. COUNT NINE 44, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14 through fifteen (15) as though fully set forth herein. 45. Based upon the facts set forth above, Respondent violated Section 469.436(2) (b) (5), Florida Statutes, through a violation of Rule 61BE14-2.001(7), Florida Administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items for Turtle Bay, in the amount of or about two thousand seven hundred seventy- eight dollars and eighty-three cents ($2,778.83). b By using the association Home Depot credit card to purchase items, obtain services or for other purposes to benefit a person other than Association in an amount of of about two thousand seven hundred seventy-eight dollars and eighty- three cents ($2,778.83) - 46. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule Document in Unnamed Jul 9 2010 10:40 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 16/28 61E14-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for Turtle Bay. 47. Further, based on the foregoing, Respondent violated Section 468.436(2) (a) and (b) by violating Section 455,227, Florida Statutes. COUNT TEN 48. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) and ten (10), eleven (11), twelve (12) and fourteen (14 through fifteen (15) as though fully set forth herein. 49. Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61E14+2.001(7), Florida Administrative Code, in one or more of the following ways: a) By using the Association Home Depot credit card to purchase items for Palm Island, in the amount of or about one thousand five hundred fifty-one dollars and fifty-seven cents ($1,551.57). By using the Association Home Depot credit card z to purchase items, obtain services or for other purposes to benefit a person other than Association in an athount of or about one thousand Decument in Unnamed Jul 9 2010 10:41 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 17/28 five hundred fifty-one dollars and fifty-seven cents ($1,551.57). 50, Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61£14-2.001(7), Florida Administrative Code, when its owner/employee/managing member used the Association credit card to purchase items for Palm Tsiand. 51, Further, based on the foregoing, Respondent violated Section 468.436(2) (a) and (b) by violating Section 455.227, Florida Statutes. Deeument in Unnamed Jul 9 2010 10:41 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 18/28 WHEREFORE, Petitioner requests that a Final Order he entered imposing one or more of the following penalties: an administrative fine not to exceed 65,000.00 per count for violations of Chapter 468, Florida Statutes; assesament of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time); or any other relief the Department is authorized to impose pursuant to Sections 468.436(3) amd 455.227(2), Florida Statutes, and the rules promulgated thereunder. Signed this 7 day of May, 2010. CHARLES LIEM, Interim Secretary Department of Business and Professional Regulation By: Didne Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 2649364 Department of Business and Professional Regulation Office of the General Counsel L940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (850) 414-6749 Facsimile Pc found: 5/7/2010 PC found by: DMM Document in Unnamed Jul 9 2010 10:41 a7/a@e/28le 85:18 8584146749 DEPR OGA PAGE 19/28 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in actordance 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 Board, 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 jn Unnamed

Docket for Case No: 10-004982