FILED

I¥( lka. i;mQ rcii'tiilklnll1Rq"llltl(l(

Oi!plJ:Y Agenoy Clerk

O.E Evoh L.Aw1ol'r-P((lc.tQr

Oato 3/14/2011

Flld

STATE OF FLORI A

DEPARTMENT OE' BPSINESS AND PROE' SSIONAL REGULATION

DEPARTMENT OE' BUSINESS AND PROFESSIONAL REGDLJ\.TION,

Petitioner,

V .

DAVID AAPOSO,

Respondent.

ADMINISTRATIVE COMP

Petitioner, Depo1rtment of B1.1s Regulation (Petitioner), files this before th<a Department of Business and

case No. 2010-016728

INT

ness and Professional Administrative Complaint Professional Reg1.1lation

against David Raposo(Respondent), and alleges:

1. Petitioner is the state agenc the practice of community association Section 20.165, Florida Statutes (2009 and 468, Florida Statutes (2009-2010).

   charged with regulating management pursuant to 2010), and Chapters 455

2. At all times material to th· s complaint, Respondent

   
   

   was licensed a:;; a Community A.ssociati State of Florida, holding license number

3. Respondent's address of recor

   Miami, l:1 33138.

   n Manager (CAM) in the CAM 25370.

   is 763 NE 75 Street,

   
   

4. Respondent is the owner a d operator of Royal Management Group, LLC (RMG).

   ()';\OGc\C Erica W!"iih,\CAMS\C£W'S CASES\20IO,Cus ll\M ■ Z\2010-016728 .• Riipolio, i:ivid\2010-016728-· RJi.po!:io, D.:1.vittAC.dw

   
   

   
   

   EO 39\/d \190 d&IQ

   90:8 TTOC L Jd

   5PL9PTPOS8

   
   

   
   

5. At all times material to t is Complaint, Respondent

   
   

   and RMG provided CAM

   services a

   Monterrey Condominium

   
   

   Association (Association).

   
   

6. RMG's contract for C.I\M servi es with Association began

   
   

   on October 1, 2008, and continues throu h September 30, 2011.

   
   

7. RMG was not licensed as a .AM Firm in the State of

   
   

   Florida until June 22, 2010.

   
   

8. During his performance of failed to address certain electrical

   
   

   services, Respondent violations found by the

   City of Miami Beach against Assoc.iat ·on, causing fees in the

   
   

   amount of at least $35,149.01 to be 1 by the City.of Miami Beach.

   vied against Association

   COUNT I

   
   

9. Petitioner reincorporates pa agraphs one ( 1 I through

   
   

   eight (8) above as if fully set forth.

   
   

10. Section 468.432(2), Florida statutes

(2009-2010) I

provides that of January 1, 2009, management firm or other similar orga

community association ization responsible for

the management of more than 10 units or a budget of $100,000 or

greater shall not engage or hold itse being able to engage in the business

f out to the public as f cornmuni ty association

management in this state unless it is 1·censed by the department

0;\0GC\C Eri11n Whitt1\CAMS\CEW'S CASES\2010 Ca11ca\M -Z\2010.01'5728H R.aposo, David\2010,0!612 -- )Oso, Davjd_AC.do1e

. 2 •

PO 39\/d \190 d&IQ

5PL9PTPOS8

as a community association management firm in accordance with the provisions of this part.

ll. Section 455.227(j), Florida Statutes (2009-2010),

provides that a licensee to discipline for aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to the chapter regulating the profession or the rules of the department or the board.

1. Based upon the facts set forth above, Respondent violated Section 468. 432(2), Florida Statutes {2009-2010), through a violation of Section 455.227 (1) (j), Florida Statutes (2009-2010), when he .assisted RMG in providing CAM Firm services while RMG was not licensed by the Department.

2. Respondent violated Section 468.432(2), Florida Statutes (2009-2010), through a violation of Section

   455.227 (lJ (j), Florida Statute.s (2009-2010), by assisting in the unlicensed practice of a profession.

   COUNT rr

3. Petitioner reincorporates paragraphs one (1) through eight (8) above .as if fully set forth.

   15. section 468.436(2) (b)2, Florida Statutes (2009-2010), provides that a licensee may be disciplined for a violation of

   
   

   G!\OOC\C Erii;a Wbilt:\CAMS\CBW'S CASESl.2010 .ll\M -Z\2010-016728 --R.i.poso, Di!.vid\2010-0lQ7Z8-.Raposo, vid AC,doi;;

   ~ -3.

   
   

   SO 39\/d \190 d&!G

   5PL9PTPOS8

   any lawful order or rule rendered or adopted by the department or council.

   1. Rul<a 61El4-2.00l(4) (a), Florida Administrative Code,

      
      

      states that a licensee or registrant shall exercise due professional care in the performance of comrnuni ty association mi;l.nagement services.

   2. Based on the facts set forth ia-bove, Respondent violia-ted Section 468. 436(2) (b)2., Florida Statutes (200$1-2010), through a violation of Rule 61E14-2. 001 ( 4) (a), Florida Administrative Code, by failing to address certain electrical violations which caused fees of at least $35,149.01 to be levied against Association by the City of Miia-mi Beach.

   3. Based on the foregoing, Respondent violated Section

468.436.(2) (bJ2., Florida Statutes (2009-201.0), through a violation of Rule 61El4-2. 001 ( 4) ( <i) , · Florida Administrative Code, when he failed to exercise due professional Csire in his performance of community association management services.

WHEREFORE, Petitioner respectfully requests the Department enter an order imposing one or more of the following pen<l-1 ties: suspension or permanent revocation of Respondent's license, restriction of Respondent's practice, imposition of an administrative fine riot to exceed $5,000 for each count or separate offense, issuance of a reprimand, placement of

G;\OQC\C Erica White\CAMS\CEW'S CASESl.20J0 Cas.es.\M. Z\JoI0.016728 --Rapo o. Dp.\.1d\Z0IO-0-ll$7:28--.R,apo$ D.a.vid AC.Jo(:

. - ·4-

90 39\/d \/90 d&IQ

5PL9PUOS8

Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs a:;;sociated with an attorney's time, or any other relief that the Department is authorized to impose pursuant to Chapters 455 and

468 Part VIII, Florid1;1 Statutes, and the rules promulgated thereunder.

Signed this 14th day of March, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: By:Cristin P:rica Wfiite Cristin Erica White Assistant General counsel Florida Bar No. 0641340 Department of Business and

Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Telephone

(850) 414-6749 Facsimile

PC Found: 3/11/11

PC Found By: Cristin Erica White CEW/jpw

G;\OOC\C Erica Whit \CA.l\4S\CEW.'S CASES\20UJ Cas $\M -Z\2010-016728 H Raposo, Oavid\2010.0167:i!S-- Raposo, Oavi4_AC,doc

-5•

LO 39\/d \190 d&IQ

5PL9PTPOS8

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 c_all 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 fa.cts alleged.

NOTICE REGARDING ASS_ESSMENT 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, th_e 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.

O,\OOCIC E,ica Whilo\CAMSICEW'S CASES\2010 Ca,a,\M. Z\2010.016728 •• Raposo. Oavid\2010.016728 •• R,poso, t>avid-AC.do<

-6·

80 39\/d \190 d&Ia

5PL9PTPOS8

Docket for Case No: 11-001693PL