FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pete 5/29/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2010-018401 PHILLIP ANTHONY PANTANO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Department of Business and Professional Regulation, against PHILLIP ANTHONY PANTANO (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of community 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, License No. CAM 21532. 3. Respondent's address of record is 299 NW 52° Terrace, Apt. 419, Boca Raton, FL 33487. 4, At all times material to this complaint, Respondent was acting in the capacity of the licensed Community Association Filed June 14, 2012 2:07 PM Division of Administrative Hearings Manager for the Boca Tecca Condominium #7 (“Association”). 5. In or about January of 2010, Respondent was informed of deficiencies with the fire pump in the Association's building. 6. On or about January 18, 2010, Respondent shut off the fire pump system, which left the Association’s building without fire sprinkler protection. 7. Although the Respondent notified the Association’s Board of Directors of the need for repairs to the fire pump system on or about January 18, 2010, Respondent ultimately failed to get the fire pump system repaired. 8. From January, 2011, the Respondents’ termination by the Association in April, 2011, the Association’s building was without fire sprinkler protection. 9. Section 468.436(2) (b) (5), Florida Statutes (2009), subjects a licensee to discipline for “[clommitting acts of gross misconduct or gross negligence in connection with the profession.” 10. Rule 61E14-2.001(4) (a), Florida Administrative Code, states, in part, that “[a] licensee shall exercise due professional care in the performance of community association management services.” 11. Respondent violated Section 468.436(2) (b) (5), Florida Statutes (2009), through a violation of Rule 61E14-2.001(4) (a), Florida Administrative Code, when he failed to ensure that the Association’s fire protection system was repaired in a timely manner. WHEREFORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. Signed this 25th day of May, 2012. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Cnistin Erica White Cristin Erica White Assistant General Counsel Florida Bar No. 641340 Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1203 Telephone (850) 414-6749 Facsimile PC found: May 25, 2012 By: White, E. NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that 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 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 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 the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-002075PL