7 of Bussiness ang Protecsional KeApulaticny AGENCY CLERK CLERK «—s«Evettte L Proctor Oetw 5/28/2010 File = STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No, 2009-06312] DIANE G. LEE, Respondent. f ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint against DIANE G. LEE ("Respondent"), and alleges: 1. Patitiener 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 colmunity association Ihanagement within the State of Florida, pursuant to Chapter 455, Florida Statutes, having been issued license number CAM 28658, 3. Respondent’s address of record is 2305 West Maryland Avenue, Unit B, Tampa, Florida 33629, 4. Petitioner received a complaint from Rodney Earl Swilley (“Swilley”) alleging that Respondent committed Various acts of Document tn Unnamed YOO sddd Bp29P Tress 92:8T Glee /ST/oa TT/Pa F8Yd 2PiST otoz at 6ny gross negligence and gross misconduct in relation to her tanagement af Cambridge Villas Romeowner's Association (“Association”). 5. Respondent provided management services for Association through her community association management firn, DLG Management Services (“DLG”). 6. DGL does not have a community association management firm license, 7. While providing management services for the Association, Respondent signed a contract with Minol, LP where she identified herself as the Association “President.” 8. Respondent was not the Association President. 9. Respondent signed an addendum with Minol, LP for the collection of late fees, 10. The Association has not received any late fees pursuant to the addendum. 11. While providing management services for the Association, Respondent failed to keep accurate accounting records, 12.In September 2008, Respondent was terminated by the Association and issued herself a check for one thousand three hundred thirty-three dollars and thirty cents ($1333.30) that Was not authorized by the Association, Document in Unnamed YOO sddd Bp29P Tress 92:8T Glee /ST/oa TT/S8 6d 2e:ST otoz oT Bny TT/9@ 13. Subsequent to Respondent's termination, Respondent issued herself a check for one thousand dollars (81,000,00) that was not authorized by the Association, COUNT ONE 14, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13) as though fully set forth herein. 15. Section 468.432(2), Florida Statutes, states: As of January 1, 2009, a community association management firm or other similar organization responsible for the management of more than 10 units or a budget of $100,000 or greater shall not engage or hold itself out te the public as being able to engage in the business of community association management in this state unless it is licensed by the department as a community association management firm in accordance with the provisions of this part. 16. Based upon the facts set forth above, Respondent violated Section 468.432(2), Florida Statutes, by failing to obtain the proper community association management firm licensure. Oesument in Usnamed Fad FOO sda 6pé9oPTpags 92 °8T erst otoz at Bry aTae /ST/38 COUNT TWO 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13) as though fully set forth herein, 18. Section 468.436 (2) (b) (5), Florida Statutes, Makes grounds for disciplinary action: Committing acts of gross misconduct or gross negligence in connection with the profession, 13. Based upon the facts set forth above, Respondent violated Section 468,436(2) (b) (5), Florida Statutes, by signing the Minol LP contract while identifying herself as Association “President.” COUNT TWO 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), and eighteen (18), as though fully set forth herein. 21, Based upon the facts set forth above, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, by failing to collect late fees owed to Association, pursuant to the addendum with Minol LP, COUNT THREE 22, Petitioner realleges and incorporates by reference the allegations set forth in Patagraphs one (1) through thirteen (13), and eighteen (18), as though fully set forth herein, Document in Unnamed YOO sddd Bp29P Tress 92:8T Tae /ST/oa TTf46 36d Sh:ST otozZ oT Bny 23. Rule 61E14-2.001(6) (d), Florida Administrative Code, states: A licensee or registrant shall not, to the extent charged with the responsibility of maintaining records, fail to maintain his or its records, and the records of any applicable community association, in accordance with the laws and documents requiring or governing the records, 24. 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(6)(d), Florida Administrative Code, by failing te maintain accurate Association accounting records, including the late fees owed by a third party contractor, COUNT FOUR 25. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), and eighteen (18), as though fully set forth herein. 26. 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 Pocument in Unnamed TT/s86 8d FOO sda 6pé9oPTpags 92°8T Tee /ST/8e Sh:ST otozZ oT Bny specific purpose or purposes for which the funds were remitted, 27. 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, by writing herself a check for one thousand three hundred thirty-three dollars and thirty cents ($1,333.30) that was not authorized by the Association. COUNT. FIVE 28. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), @ighteen (18) and twenty-six (26), as though fully set forth herein. 23. Based upon the facts set forth above, Respondent wiolated Section 468.436(2)(b) (5), Florida Statutes, through a violation of Rule 61E14-2.001(7), Florida Administrative Code, by writing herself a check for cne thousand dollars ($1,000.00) that was not authorized by the Association. WHEREFORE Petitioner requests that a Final order be entered imposing one or more of the following penalties: revocation er suspension of Respondent’s license or probation with conditions of reinstatement, an administrative fine not to exceed $5,000.00 per count for violations of Chapter 468, Decumenct in Unnamed TT/66 8d FOO sda 6pé9oPTpags 92°8T Tee /ST/8e Sh:ST otozZ oT Bny Florida Statutes; assessment 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) and 455.227(2), Florida Statutes, and the rules promulgated thereunder. Signed this 19°" day of May 2010. CHARLES LIEM, Interim Secretary Department of Business and Professional Regulation By: Diane Maryger 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 PC determination: May 5, 2010 Pe found by: Diane Marger Moore DMM/ tmy Decument in Unnamed TTf/ST 38d FOO sda 6pé9oPTpags 92°8T Tee /ST/8e Sh:ST otozZ oT Bny NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120,57, Floride 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 thet 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 agsess 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 FOO sda 6pé9oPTpags 92°8T Tee /ST/8e 6PiST oToz at Bry TT/TT 9 8d

Docket for Case No: 10-007604PL