Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, COMMUNITY ASSOCIATION MANAGEMENT
Respondent: PREMIER COMMUNITY CONSULTANTS, INC.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Nov. 06, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 12, 2012.
Latest Update: Oct. 05, 2024
FILED
Department of Business arid Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA ck Og
‘vette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pte 9/44/2012
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2011-040925
PREMIER COMMUNITY CONSULTANTS, INC.,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW, the Department of Business and Professional
Regulation (Petitioner) files this Administrative Complaint
before the Department of Business and Professional Regulation
against Premier Community Consultants, Inc. (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 (2011), and Chapters 455 and
468, Part VIII, Florida Statutes (2011).
2. At all times material to this complaint, Respondent
was licensed as a Community Association Management (CAM) Firm in
the State of Florida, holding license number CAB 2369.
3. Respondent’s address of record is 18215 Branch Rd,
Hudson, FL 34667.
4. At all times material to this Complaint, Respondent
Filed November 6, 2012 3:34 PM Division of Administrative Hearings
provided CAM services for the Trails at Rivard Homeowners
Association, Inc. (Association).
5. Respondent mailed a letter dated March 2, 2010, to a
homeowner of the Association which indicated that it is a debt
collector.
6. In the letter dated March 2, 2010, Respondent demanded
payment of an outstanding assessment not yet paid by the
homeowner.
7. On or about March 10, 2010, Respondent sent out
numerous dunning notices, each of which included a Fair Debt
Collection Practices Act notice.
8. Respondent mailed a letter dated July 11, 2011, to a
homeowner of the Association which indicated that it is a debt
collector.
9, In the letter dated July 11, 2011, Respondent demanded
payment of an outstanding balance not yet paid by the homeowner.
O. The letter dated July 11, 2011, included a Fair Debt
Collection Practices Act notice.
Respondent held itself out as being qualified to
perform debt collection services.
2. Any entity that holds itself out as being qualified to
perform debt collection services in the State of Florida must
have a Consumer Collection Agency license.
13. The Licensing Bureau of the Office of Financial
Regulation, Division of Finance determined that Respondent does
not hold a Consumer Collection Agency license.
14. Section 468.436(2) (b) (2), Florida Statutes (2011),
subjects a licensee to discipline for “[v]Jiolation of any lawful
order or rule rendered or adopted by the department or the
council.
5. Rule 618614-2.001(8) (b), Florida Administrative Code,
states:
a] licensee or registrant shall not perform, agree to
perform or hold himself or itself out as being
qualified to perform any services which, under the
laws of the State of Florida or the United States, are
to be performed only by a person or entity holding the
requisite license or registration for same, unless the
licensee or registrant also holds such license or
registrant; provided, however, that no violation
hereof shall be deemed to have occurred unless and
until the authority administering the license or
registration in question makes a final determination
that the licensee or registrant has failed to obtain a
license or registration in violation of the law
requiring same.
16. Based on the facts set forth above, Respondent
violated Section 468.436(2) (b) (2), Florida Statutes (2011),
through a violation of Rule 61E14-2.001(8) (b), Florida
Administrative Code, by holding itself out as being qualified to
perform debt collection services when the Licensing Bureau of
the Office of Financial Regulation, Division of Finance
determined that it failed to obtain a Consumer Collection Agency
license.
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
Department deems appropriate.
Signed this 13° day of September, 2012.
Ken Lawson, Secretary
Department of Business and
Professional Regulation
By: Cristin Enrica White
Cristin Erica White
Deputy Chief Litigation Counsel
Florida Bar No. 0641340
Office of the General Counsel
940 N. Monroe Street, Ste.42
Tallahassee, FL 32399-2202
(850) 717-1203 Telephone
(850) 414-6749 Facsimile
PC Found: 9/13/2012
PC Found By: Cristin Erica White
CEW/jjb
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
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 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 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: 12-003616
Issue Date |
Proceedings |
Dec. 12, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 07, 2012 |
Motion to Relinquish Jurisdiction filed.
|
Nov. 09, 2012 |
Order of Pre-hearing Instructions.
|
Nov. 09, 2012 |
Notice of Hearing by Video Teleconference (hearing set for January 4, 2013; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Nov. 09, 2012 |
Order of Consolidation (DOAH Case Nos. 12-3514PL, 12-3616).
|
Nov. 08, 2012 |
Initial Order.
|
Nov. 06, 2012 |
Election of Rights filed.
|
Nov. 06, 2012 |
Agency referral filed.
|
Nov. 06, 2012 |
Administrative Complaint filed.
|