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STA'I'E OF FLORIDA

DEPARTMENT OF BUSINESS AND PROF8SSIONAL REGULATION

DEPARTMENT OF BUSJNESS AND PROFESSIONAL REGULATION,

Petitioner,

V. Case No. 2009-046809

DAVID B. COOPER,

Respondent. /

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner"), files this Administrative Complaint before the Department of Business and Professional Regulation against DAVID

B. COOPER ("Respondent"), and alleges:

1. Petitioner is the state agency charged with regulating the practice of colTll!lunity association management pursuant to Section 20,165, Florida Statutes, and Chapters 455 and 468, Florida Statutes.

2. At all times material to this complaint, Respondent was licensed as a Community Association Manager in the State of Florida, having been issued license number CAM 34271.

3. Respondent's address of record is 3527 N.E. 168th

   Street, North Miami Beach, FL 33160,

   
   

4. At all times material to this complaint, Respondent and was responsible for the community association management

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   services for Sunshores Condominium Association, lnc.

   ( ' Association") .

   
   

5. On March 24, 2008, Allen L. Kaul (Kaul), a member of Association, sent a letter to Respondent stating that he was instructing his bank to issue a check for $1500.00 to Association specifically for the payment of a special assessment lien filed against his property by the Association.

6. on March 27, 2008, the check referred to in paragraph five (5) was issued to the Association from Kaul' s account at Wachovia Bank.

7. Respondent did not use Ka u l 1 s $1,500.00 check to reduce Kaul's lien balance as Kaul had intended, but rather, he applied the funds to Kaul' s regular account which was used to pay general expenses.

8. As a direct result of the Respondent not using the check for $1,500.00 for satisfaction of claim of the lien against Kaul' s property as directed, the lien against Kaul' s property was not released.

9. Subsection 468. 436(2) (b)2, Florida Statutes, states "violation of any lawful order or- r-ule render-ed or- adopted by the department or the council constitutes grounds for which disciplinary action may be taken."

10, Rule 61E14-2. 001(7), Florida Administrative Code,

states "a licensee or registrant shall use funds received by him

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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,"

11. Based on the facts set forth above, Respondent violated Subsection 468,436(2) (b)2, Florida Statutes, through a violation of Rule 61E14-2. 001 (7), Florida Administrative Code, by faili-ng to apply Kaul' s check in the amount of $1500. 00 to

the payment of a lien against Kaul' s property, specifically requested.

12, Based on the facts set forth above,

as was

Respondent

violated Subsection 468. 436 (2) (b) 21 f)_orida Statutes, through a violation of Rule 61E14-2.001 (i), l<'lorida Administrative Code, when he used funds received by a member for other than the specific purposes for which they were remitted.

WHEREE'ORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the penal ties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an adrninie;;trative fine of five thoue;;and dollars ($5,000.00) for each count of thie;; 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 cae;;e

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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,

promulgated thereunder.

Florida Statutes,

and the

Signed this 6t' day of January, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: 7oay Lane

Jody Lane

Assistant General Counsel Florida Bar No. 0568971 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) 414-6149 F'acsimile

PC ·ound:

PC Found By:

1/3/2011

Jody Lane

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NOTXCE OF RIGHTS

Respondent has the right to request a hearing to be

conducted Florida

in accordance Statutes, to be

with Sections represented

120.569 and

by counsel or

120,57,

other

qUali fied representative, to present evidence and argument, to call aI1d cross-examine witnesses and to ha,re subpoenas and subpoenas duces tecum issued on his or her behalf if a heariI1g is requested. Rule 28-106.111, Florida AdmiI1istrative Code, provides in part that if Respondent fails to request a heariilg within twenty-one (21) days of receipt of an ageI1cy pleading, Respondent waives the right to request a hearing on the facts

alleged.

NO'.I'ICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the im1estigation and prosecutioil of this matter. Pursuant to Section 455.227 (3) (a), Florida Statutes, the Board, or the Department when there is no Board, roay assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, agaiilst the RespondeI1t in addition to any other discipline imposed.

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Docket for Case No: 11-001114PL