Fllt.LJ

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Deputy Agc:ni:;:,i Cllm'.

CLERi( Ewtta Law on-Procior

Do"' 1/10/2011

File't,

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. case No. 2010-026377

TLS Ml\NAGEMENT SERVICES,

Respondent.

                                                                            !

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner"}, files tllis, Administrative Complaint before the Department of Business and Professional Regulation against TLS MANAGEMENT SERVICES ("Respondent"}, and alleges:

1. Petitioner is the state agency cllarged with regulating the practice of coltl!Uunity association management pursuant to

   Section	20.165,	Florida	Statutes,	and	Chapters, 455 and 468,
   Florida	Statutes.

   
   

2. Petitioner has jurisdiction over

   the

   unlicensed

   
   

   practice of co=unity association management according to section 455.228, Florida Statutes.

3. At no time material to this complaint was Respondent duly licen,;;ed to engage in the practice of coltll\lunity association management pursuant to Chapter 468, Florida Statutes,.

   
   

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   5PL9PTPOS8

4. At all. times material to this Complaint, Respondent's owner and person acting as community association manager, Tammy swiecki, was not licensed to practice community association management in the State of Florida.

5, Respondent's address of record is 8177 W. Glades Road

# 15, Boca Raton, FL 33434.

1. At all times material to thi.ea complaint, Respondent was responsible for the community association management of Boca Entrada II Condominium Association (Boca).

2. Boca is composed of 44 units and has an annual budget of approximately $137,000.

3. During its performance of management services, Respondent transferred association bank accounts without board approval.

4. During Respondent's performance of management services

from 2007 to approximately

2010, Boca's

$84, 000 to

reserve account

$4.00 with no

was reduced explanation

from from

Respondent.

10, During its performance of management services and

after Respondent was terminated, Respondent failed to respond to repeated demands for association records.

COUNT I

1. subsection 468.436(2)(b)5, Florida statutes, states "committing acts of gross misconduct or gross negligence in

   
   

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   connection with the profession constitutes grounds for which disciplinary action may be taken."

2. Rule 61El4-2.001 (6)(b), Florida Administrative Code, states "a licensee or registrant shall not deny access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by law, to the extent and under the procedures set forth in applicable law."

3. Based on the facts set forth above, Respondent violated Subsection 468.436(2)(b)5, Florida Statutes, through a violation of Rule 61El4-2.001(6)(b), Florida Administrative Code, by failing to respond to repeated demands for association records and thereby denying access to those records.

   COUNT II

4. Subsection 468.436(2)(b)5, Florida Statutes, states "committing acts of gross misconduct or gross negligence in connection with the profession constitutes grounds for which disciplinary action may be taken."

5. Rule 61El4-2.001(7), Florida Administrative code, states "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 reruitted."

   
   

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6. Based on the facts set forth above, Respondent violated Subsection 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:

   1. By moving association bank accounts without Board approval

   2. By allowing the .i.ssociation reserve account to be depleted from approximately $84,000 to $4.00 with no explanation.

7. Based on the foregoing, Respondent violated Subsection 468.436(2) (b)S, Florida St.i.tutes, through .i. violation of Rule 61E14-2. 001 ( 7) , Florid.i. Administr.i.tive Code, when it used funds received from the .i.ssociation for purposes other than which they

   were remitted.

   
   

   COUNT III

   
   

8. Subsection 468. 432 (2), Florida statutes, states "as of January l, 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 sh.i.11 not engage or hold itself out to engage in the business of community association management in this state unless it is licensed by the department as a community association management fir\U in accordance with the provisions of this part.•

   
   

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9. Based on the facts set forth above, Respondent violated Subsection 468.432(2), Florida Statutes, by managing Boca while not licensed by the department to engage in the practice of community association management.

10. Based on the foregoing, Respondent violated Subsection 468.432(2), Florida Statutes, by engaging in the practice of community association management while not licensed to do so.

21, Subsection

COUNT IV

455.227 (j),

Florida

statutes, states

"aiding, assisting,

procuring,

employing,

or advising any

unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or board constitutes grounds for which disciplinary action may be taken.•

1. Based on the facts set forth above, Respondent violated Subsection 455.227(j), Florida Statutes, by allowing Tammy Swiecki, to perform cororounity association management services under Respondent's not while Swiecki was not licensed to practice community association management.

2. Based on the foregoing, Respondent violated Subsection

455.227 (j), Florida St"tutes, by aiding Taroroy Swiecki in the unlicensed practice of cororounity association m"nagement.

WHEREFORE, Petitioner respectfully requests that the Department of Business i;ind Profession"-1 Regulation enter an

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5PL9PTPOS8

order imposing one or more of the penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine of five thousand dollars ($5,000.00) for each count of this complaint, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, or any other relief that the Department is authorized to impose pursuant to Chapters 455 and 468, Florida Statutes, and the rules promulgated thereunder.

Signed this 7th day of January, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: .7oa• yLane

Jody Lane

Assistant General Counsel Florida Bar No. 0568971 Department of Business ;,.nd

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 Found:

PC Found By:

1/04/2011

Jody Lane

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5PL9PTPOS8

NOTICE OF RIGHTS

Respondent has th"' 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 issu"'d 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 relat"'d 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.

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Docket for Case No: 11-001013