FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 8/11/2020 STATE OF FLORIDA Filer DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2019-031919 SHERRY MAYCUMBER RAPOSO Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Sherry Maycumber Raposo. (“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, Part VIII, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed as a Community Association Manager (CAM) in the State of Florida, having been issued license number CAM 39662. 3. Respondent’s address of record is 4067 Longworth Loop, Kissimmee, Florida 34744. MATERIAL FACTS 4. At all times material to this complaint, Respondent was the CAM providing management services for Turnberry Reserve Homeowners Association, Inc. (“Turnberry Reserve”), located in Kissimmee, Florida, pursuant to a contract between Management 35 Firm, Inc. and Turnberry Reserve. DBPR v. Sherry Maycumber Raposo 1 5. On or about May 24, 2019, Maria Napolitano, a unit owner at Turnberry Reserve, requested an inspection of the association official records, including all contracts to which the association is a party. The request was made via certified mail delivered on May 28, 2019. 6. The unit owner was referred to the association’s website in order to access the requested documents, excluding the association’s management contract with Respondent. 7. Respondent denied the unit owner access to the association’s management contract with Respondent citing a confidentiality agreement within the contract. 8. On or about September 13, 2019, the unit owner’s access to the association’s website was suspended for unpaid fines, thereby denying or delaying access to all association records. COUNT I 9. Petitioner realleges and reincorporates by reference the allegation set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 10. Rule 61E14-2.001(3)(b), F.A.C., states that a licensee shall not “deny or delay access to association official records to an owner or his or her authorized representative who is entitled to access within the timeframe and under the procedures set out in Sections 718.111(12), 719,104(2) or 720.303(5), F.S.” 11. Based on the facts above, Respondent violated Section 468.4334(1), F.S., through tule 61E14-2.001(3)(b), F.A.C., by denying or delaying a unit owner’s access to the association official records. COUNT II 12. Petitioner realleges and reincorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. DBPR vy. Sherry Maycumber Raposo Case number: 2019-031919 Administrative Complaint 2 13. On or about August 31, 2019, unit owner Maria Napolitano attempted to videotape a committee meeting held by the Covenant Enforcement Committee. 14. Respondent did not permit the unit owner to record the meeting; the unit owner was forced to stop the recording. 15. Fla. Admin. Code R. 61B-23.002(10), indicates in pertinent part, Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings 16. Based on the foregoing, Respondent violated section 468.436(2)(b)(2), Florida Statutes, through Fla. Admin. Code R. 61B-23.002(10) by denying a unit owner’s right to videotape a committee meeting. COUNT III 17. Petitioner realleges and reincorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 18. Section 468.436(2)(a), Florida Statutes, states a licensee is subject to discipline for a violation of any provision of section 455.227(1), Florida Statutes. 19. Section 455.227(1)(m), Florida Statutes, states a licensee is subject to discipline for “[m]aking deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.” 20. Based on the foregoing, Respondent violated section 468.436(2)(a), Florida Statutes, through section 455.227(1)(m), Florida Statutes, by incorrectly asserting the law regarding the video or audio recording of committee meetings by unit owners. DBPR vy. Sherry Maycumber Raposo Case number: 2019-031919 Administrative Complaint 3 WHEREFORE, Petitioner respectfully requests a Final Order imposing one or more of the following: an administrative fine pursuant to the penalty/disciplinary guidelines of mule 61- 20.010, Florida Administrative Code, assessment of costs related to the investigation and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 468, part VIII, Florida Statutes, and the rules promulgated thereunder. Signed this 29th day of July, 2020. PC Found: 07/29/2020 By: DBPR DBPR vy. Sherry Maycumber Raposo Case number: 2019-031919 Administrative Complaint By: HALSEY BESHEARS, Secretary Department of Business and Professional Regulation /s[ Eddy Laguerre Eddy Laguerre Assistant General Counsel Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-2202 Eddy.Laguerre@myfloridalicense.com NOTICE OF RIGHTS Please be advised mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part 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 Respondent in addition to any other discipline imposed. DBPR vy. Sherry Maycumber Raposo Case number: 2019-031919 Administrative Complaint 5

Docket for Case No: 20-005373PL

Orders for Case No: 20-005373PL