September 2011

In This Issue:


Message From The Secretary,
Ken Lawson

To our licensees and partners:

Secretary Ken LawsonWhen the Governor asked me to serve as the Secretary of the Department of Business and Professional Regulation, I was honored to have the opportunity to work directly with the men and women who are shaping Florida’s economic future. I’m looking forward to taking on the challenge of making this state the best place for businesses to start and thrive.

Our top priority will be reducing the weight of unnecessary regulation on businesses and professionals so we can focus on our primary mission – getting Floridians back to work. Here at DBPR, we know that our customers come first and we will strive to license efficiently and regulate fairly.

Our state has faced some tough challenges, and Florida’s businesses and professionals need our help and our service now more than ever. If you have any suggestions for how we can improve, I welcome the input. It’s important that we continue to improve wherever possible. I am committed to serving you as best I can, with the help of the DBPR family.

Ken Lawson, DBPR Secretary

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Message From The Executive Director,
Anthony B. Spivey, DBA

CAM Pre-Licensure Education Course

Until recently, the Community Association Manager pre-licensure course could only be taken by correspondence if the applicant documented to the Council that he or she lived a distance of more than 70 miles from the nearest facility providing the course, or that the applicant had a disability making it difficult to travel to a facility. Under recent changes to Section 455.2122, Florida Statutes, the applicant is no longer required to obtain authorization from the Council to take the course by distance learning. The new provision now allows the applicant to take the required course by distance learning, or in the classroom, whichever the applicant prefers.

A Reminder for CAM Firms

Section 468.432, Florida Statutes, provides that all Community Association Management (CAM) firms responsible for the management of more than 10 units or a budget of $100,000 or greater must be licensed by the Department to provide Community Association Management services. Additionally, there must be at least one licensed Community Association Manager employed by the firm or the firm will lose its authorization to manage associations until a licensed manager is employed. A list of frequently asked questions regarding the licensing of management firms may be viewed at: http://www.myflorida.com/dbpr/pro/cam/faq.html.  The application for a firm license can be obtained at http://www.myfloridalicense.com/dbpr/pro/cam/index.html

Until next time,

Anthony B. Spivey, DBA
Executive Director

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Disciplinary Actions

Department Disciplinary Actions as submitted by
Prosecutor Erica Cristin White

The Department of Business and Professional Regulation has taken disciplinary action against the following licensees. Although we make every effort to ensure information is correct, before making any specific decision based on this information, you may choose to request a copy of the administrative complaint and final order to ensure accuracy.  Contact the Department’s Office of Open Government at jennifer.ganey@dbpr.state.fl.us for this information. The listing of disciplinary actions does not reflect pending appeals or requests for rehearing.

Case No. 2010-009226
Raymond Lawrence Liss - Respondent was charged by administrative complaint with holding himself out as being able to perform Community Association Management services without being properly licensed by the Department of Business and Professional Regulation. Respondent obtained his Community Association Manager’s license on August 20, 2010 and entered into a settlement agreement to pay an administrative fine of $1,000 and costs of $322.82. The final order ratifying the settlement agreement was entered on February 4, 2011.

Case No. 2009-039954
Rosa Maria Rodriguez - Respondent was a licensed Community Association Manager charged by amended administrative complaint with embezzling over $849,000 from an association through the use of forged checks. Respondent is currently incarcerated at the Miami-Dade Women’s Detention Center awaiting prosecution on felony criminal charges associated with said embezzlement. Respondent did not respond to allegations in the amended administrative complaint; accordingly, a final order on waiver was entered on February 7, 2011, permanently revoking Respondent’s license and imposing administrative fines of $10,000.00 and costs of $341.34.

Case No. 2010-005955
Case No. 2010-025495
Gary L. Palombi - Respondent is a licensed Community Association Manager who was charged by two administrative complaints with committing acts of gross misconduct or negligence and failing to comply with association governing documents. In Case No. 2010-005955, Respondent was alleged to have improperly commingled certain funds for the Association, and with incurring unnecessary legal expenses. In Case No. 2010-025495, Respondent was alleged to have improperly conducted association elections, and with failing to mail annual financial reports to association members. Respondent entered into a settlement agreement and agreed to pay an administrative fine of $500.00 and costs of $804.97. The final order ratifying the settlement agreement was entered on February 16, 2011.

Case No. 2009-054447
Case No. 2010-012448
Linda Susan Rouanzion and Tierra Verde Property Management, LLC – Respondent Rouanzion is a licensed Community Association Manager, and Respondent Tierra Verde is a licensed Community Association Management firm. Respondents were each charged by administrative complaint with failing to provide due professional care for unauthorized use of an association’s Home Depot credit card account over a period of five (5) years. Respondents entered into a settlement stipulation in which both their licenses were reprimanded. Respondents also agreed to each pay an administrative fine of $5,000.00, and collective costs of $630.10. Additionally, Respondent Linda Rouanzion received a three-year probationary sentence requiring her to complete a minimum of four (4) hours of instruction on accounting and financial management. The final order ratifying the settlement agreement was entered on February 16, 2011.

Case No. 2010-020023
Tracey S. Schnaitman - Respondent is a licensed Community Association Manager who was charged by administrative complaint with allowing her unlicensed property management firm to perform community association management firm services for an association.The property management firm ultimately obtained its license on June 9, 2010, and Respondent entered into a settlement agreement to pay an administrative fine of $250.00 and costs of $188.60. The final order ratifying the settlement agreement was entered on February 16, 2011.

Case No. 2010-004421
Terry A. Whittleton - Respondent is a licensed Community Association Manager who was charged by administrative complaint with allowing his property management firm to hold itself out to perform Community Association Management firm services without being properly licensed by the Department of Business and Professional Regulation. Respondent entered into a settlement agreement and agreed to pay an administrative fine of $250.00 and costs of $327.79. The final order ratifying the settlement agreement was entered on February 16, 2011.

Case No. 2010-000818
Jeffrey J. Will - Respondent is a licensed Community Association Manager who was charged by administrative complaint with allowing an unlicensed property management firm for which he served as registered agent and officer to hold itself out as eligible to perform Community Association Management firm services. The property management firm ultimately obtained its license on January 29, 2010, and Respondent entered into a settlement agreement to pay an administrative fine of $1,000 and costs of $217.47. The final order ratifying the settlement agreement was entered on February 16, 2011.

Case No. 2010-025703
Domingo A. Henriquez -
Respondent is a licensed Community Association Manager who was charged by administrative complaint with allowing an unlicensed property management firm to provide Community Association Management firm services to an association, and with denying access to association documents. Respondent entered into a settlement agreement and agreed to pay an administrative fine of $500.00 and costs of $147.57. The final order ratifying the settlement agreement was entered on February 28, 2011.

Case No. 2010-015126
Mainsail Services, Inc. -
Respondent is a licensed Community Association Management firm who was charged by administrative complaint with committing acts of gross misconduct or negligence by denying access to association documents. Respondent entered into a settlement agreement and agreed to pay an administrative fine of $200.94 and costs of $155.94. The final order ratifying the settlement agreement was entered on February 28, 2011.

Case No. 2010-027306
Case No. 2010-027505
Gary Budd and Crest Management Group, Inc. - Respondent Budd is a licensed Community Association Manager, and Respondent Crest Management Group, Inc. is a licensed Community Association Management firm. Respondents were each charged by administrative complaint with failure to exercise due professional care for failing to make timely payments on an association’s property/casualty insurance premium. Respondent Budd was the President of Respondent Crest Management Group, Inc., and both were responsible for providing Community Association Management services to an association. Respondents entered into a settlement agreement in which both their licenses were reprimanded. Respondents also agreed to pay an administrative fine of $500.00 and costs of $471.39.The final order ratifying the settlement agreement was entered on February 28, 2011.

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Reminder about Reporting Requirement for Criminal Convictions

Section 455.227(1)(t), F.S. requires all professional licensees to report to the Department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. A licensee who fails to report that information may be subject to disciplinary action, including fines, suspension or license revocation. To report this information, complete the criminal self-reporting document and mail to the Department as provided on the form.

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License Application Center

In our continuing effort to provide better customer service, we have improved our website home page and created a user-friendly application center. Application features include a full list of license types, a list of detailed license requirements before each application, separate entry points for applications and renewals, and a page called "Services Requiring a DBPR License," which is designed to help consumers determine what services require a license from the Department.

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Improved Online Applications

The Department of Business and Professional Regulation has improved online applications for new licensees.

The most significant change is that the upgraded system requires all users – even those who have had online accounts with our Department for years – to create a one-time registration profile before accessing the system. Once the new profile has been created and you have supplied your license number, the system automatically transfers all data associated with your old account. Additionally, if you had to manage multiple accounts under the old system to manage all of your licenses, you will be able to link them all into the new single profile.

Applicants now have the ability to upload required documents, allowing them to fully complete and submit applications online. This enhancement ensures that applications and supporting documentation submitted online will remain together. The online system allows for faster processing times, thus getting our licensees to work more quickly. The upgraded system also provides licensees many new online services, including the ability to:

  • Register with an email address and secure password;
  • Receive registration confirmation via email confirmation;
  • Link an existing license(s) to online profile;
  • Retrieve a forgotten password;
  • Answer eligibility questions to ensure you are using the correct application;
  • Attach necessary documents for licensure;
  • Receive an application summary and payment summary via email;
  • Check your application status;
  • Log in and finish an incomplete application before submission, if you were not able to complete the application when initially applying;
  • Make payments;
  • View Continuing Education history, if applicable; and
  • Maintain license relationships

On October 19, 2010, the following application types became available through our new online process:

  • Community Association Manager – Initial License By Examination
  • Community Association Manager Renewal
  • Community Association Manager Firm Renewal

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Renew Your License Online

To complete your renewal online, follow these instructions:

> Go to www.MyFloridaLicense.com.

> Click on “Renew Your License.”

> Read through the instructions and click “Continue.”

> Click on your profession type.

>Read through the instructions, take the tutorials or click “Continue to Online Services.”

> New users will need to “Create a New Online Profile.” Returning users will need to login.

> Complete all the required information and click “Next.”

> The user will receive an email with a temporary password and a link back to the system; the user will then be asked to supply a new password and enter it twice for confirmation; enter your email address and password and click “Log on.”

> The user will now need to link their license to their online account by selecting "Link an Existing License to My Account" on the left hand side of the screen; the user will need their license number and social security number.

> Select the correct license type to link from the drop down list, enter the license number, and click “Next.”

> Enter the user’s social security number, security measure, and click “Next.”

> Click “Add.”

> Click “Next” to continue linking the license.

> Select the license you intend to renew.

> The user can now select “Renew”; this is an introduction to the renewal requirements; click “Next” to continue.

> Renew – Name and Personal Details Screen – this is a view only screen; press "Next" to continue.

> Renew – Address Detail Summary – the user can update/add addresses; click "Next" to continue.

> Renew – Application Summary – allows a user to verify all details prior to submitting renewal; if anything needs to be revised, the user can click “Previous” to update; if everything is correct, click “Next” to continue.

> Renew – Attestation – the user will now attest that everything they have said is true by clicking on “Yes” and then on “Submit”; if the user clicks “No,” then they will not be able to proceed. > The user will now receive an email with an attached renewal summary pdf.

> Confirmation Screen – the user can now pay for their renewal by clicking “Pay Now.”

>After payment is made, the user will receive an Online Payment Summary pdf.

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Changes to DBPR’s Homepage

The DBPR website is getting a makeover! We've upgraded to make our website navigation more user-friendly for our customers. From new menu options to direct access links for pages most often visited, we hope these changes will make our website and online services easier to navigate.

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DBPR Phone System Upgrade

DBPR is currently in the process of upgrading its phone system. Most main numbers will remain the same, but employee direct lines are changing. Initially, a recording will provide the new number for any numbers being changed. We apologize for any inconvenience this may cause and thank you for your patience while we undergo this Department-wide change!

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DBPR Smart Phone App Florida D B P R smart phone icon

Need to check a Florida license? There’s an app for that! Download the DBPR iPhone or Android app and stay connected with the Department. More>>

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eNewsroome Newsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

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Visit us on the Web at www.MyFloridaLicense.com

Regulatory Council of Community Association Managers

Governor

Rick Scott


Secretary

Ken Lawson


Council Members

Community Association Managers

Patricia Rogers, Chair
Aventura

Kelly Moran, Vice Chair
Tampa

David Beswick
Oakland Park

Dawn Warren
Longwood

Vacant

Consumer Members

Terence Brennan
Bradenton

Margaret A. Rogers
Winter Park

Board Staff

Anthony B. Spivey, DBA
Executive Director

Renese Jones
Government Analyst

Pam Sewell
Administrative Assistant

Upcoming Council Meetings

November 18, 2011
Tallahassee

All meeting dates and locations are subject to change. Please verify meeting infomation on the department's
Board Meeting Calendar.

Council Membership

For a list of available positions and information regarding requirements for council membership, please visit the department's board opportunities page.

Report Unlicensed Activity

State licenses are important because they offer consumers and the general public reassurance that the person holding that license has been trained and meets the standard requirements for working in a specific field. Florida law sets specific rules and guidelines for obtaining professional licensure, and the people who have met these requirements are held to professional standards. Professional licenses can be verified online at www.myfloridalicense.com.

Unfortunately, unlicensed activity happens throughout the state, and as Florida continues to face economic challenges, the number of times unlicensed activity takes place may increase. This unregulated and illegal activity can threaten the livelihood of licensed professionals and can also pose serious personal or financial harm to consumers. Every time unlicensed activity occurs, a licensed professional loses work that he or she might otherwise have been asked to perform.

Floridians and licensed professionals can help by notifying the Department of Business and Professional Regulation of any suspected unlicensed activity.

To report unlicensed activity, please call the Department’s Unlicensed Activity Hotline at 1.866.532.1440, Monday–Friday, 8 a.m. to 6 p.m. (Eastern Time) or e-mail the information to ULA@dbpr.state.fl.us.

Subscribe to DBPR Newsletters

You can now subscribe online at www.MyFloridaLicense.com to receive your profession’s newsletter as well as other Department publications via e-mail. Subscribing is very quick and easy.

  • Go to www.MyFloridaLicense.com 
    > Publications
  • Select “Subscribe to Department Newsletters.”
  • Type in your name and email
  • Choose which newsletters or publications you would like to receive via email.
  • Select “Subscribe.”

When the newsletters you have subscribed to are available, you will receive an email from the Department with a link to your newsletter.

Contact Information Updates

Please help us by notifying the Department when your address, telephone number, and/or email changes. If you fail to notify the Department in writing of your correct mailing address of record, you could be charged with violating the law.

Official communications by the Board or the Department (such as renewal notices or legal action notices) will only be sent to your last known mailing address of record. Failure to update your mailing address of record is not only a violation of law, but it could affect the timely renewal of your license or result in the waiver of your legal rights in resolving any case brought against you by the Department. Therefore, it is extremely important that your contact information is correct.

The Department cannot change your mailing address of record without your written request. To update your mailing address of record, you can choose one of the following options:

1. You can change your individual mailing address through your online account.

2. Send a fax to(850) 488-8040 requesting that your mailing address of record be changed and provide the correct address;

3. Speak with a DBPR Call Agent at (850) 487-1395, requesting that your mailing address of record be changed and provide the correct address; the Call Agent will require additional information from you during the call to verify your identity; or,

4. Send a written request to: Department of Business and Professional Regulation, 1940 N. Monroe Street, Tallahassee, FL 32399-0783.

When corresponding with the Department, please include your full name and all department license numbers that you hold so we can apply the address of record change to all of your licenses.

If you have any questions regarding this requirement, or need assistance using the online services menu, please telephone the Customer Contact Center at 850.487.1395 or use our convenient contact form to submit any comments and/or questions you may have. In order to better serve you, please include as much information as possible about the nature of your request.

The Correct Zip Code Makes a Difference!

The Department's Bureau of Central Intake and Licensure, located within the Division of Service Operations, receives and processes your license applications. To ensure your application and required documentation is sent directly to the Bureau of Central Intake and Licensure section for processing, always use the correct zip code, "plus-4" on all correspondence you send to us. The "plus-4" refers to the unique four-digit code that identifies the divisions and offices within the Department.

The proper zip code, plus-4 for the Bureau of Central Intake and Licensure is 32399-0783.

Thanks for helping us serve you better!

Visit us on the Web at www.MyFloridaLicense.com