February 2009

In This Issue:

• Message From The Secretary
• Message From The Executive Director
• Continuing Education Renewal Reminder
• Pre-Licensure Course
• Disciplinary Actions

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Message From The Secretary
Charles W. Drago

Back in August, when I was appointed the Secretary of the Department of Business and Professional Regulation, I set several goals for my first few months. Now that we are in the holiday season and nearing the end of this year, I have taken the time to reflect on those goals and assess my progress. I would like to share some of these goals and the progress we have made in reaching those goals during my time as Secretary.

One of the first goals I set for myself was to improve the licensure application process. We have started to achieve this goal by examining our applications and comparing them to law and rule. We want to ensure that we are only asking from you what the laws and rules require and nothing more. In several instances, we have been asking for more than what is required. We are now removing those requirements. We also are identifying requirements that are in law and rule that may no longer be necessary. In those cases, we will be asking the legislature and individual boards for their input. This is a tedious task but an important one, and I am pleased with the progress we have made.

Within my first few weeks as Secretary, I realized that it can be difficult working in a statewide agency based in Tallahassee, as I am not always readily able to meet with customers in other areas of the state. Knowing that insight provided by the end-user is the most valuable, I wanted to develop an initiative based on that fact. That is why we started the "On the Road to Better Business." I have traveled to our district offices across the state and given licensees the opportunity to meet with me in person. I have brought their feedback back to Tallahassee, and we are already making changes based on the feedback from those meetings.

Meeting with licensees and consumers provided me with great insight, but I also wanted to meet and form relationships with my fellow Governor appointees. DBPR provides services and support to 19 different boards and councils. It was my goal to meet or attend one meeting of each professional board before the end of the year. Looking back, this was a lofty goal. Although I will be just shy of my goal by the end of the December, I am scheduled to meet with all of the Boards before the end of January. I know that as public servants, we have the same goal to provide great service to our licensees and protect the public. We must work together to achieve our goals.

My first few months as Secretary of DBPR have been so rewarding. We have made great progress and we are working hard to achieve our goals. As I continue to assess our progress, we will have achieved some goals, some will carry over into next year and new goals will be created. We will continue to look for ways to serve you better while keeping public safety as our first priority. It is our duty to you and the citizens of Florida.

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Message From The Executive Director,
Anthony Spivey

New Council Members

First, I would like to welcome our newest members to the Regulatory Council for Community Association Managers.  In August of this year, Governor Charlie Crist appointed three new members to the CAM Council: Ms. Patricia Rogers-Libert, of Aventura, to a CAM position; and Ms. Margaret A. Rogers, of Orlando, and Mr. Terence Brennan, of Bradenton, both to consumer positions on the council.  I am sure they will meet all the challenges ahead in ensuring the council performs at its optimum level to provide service to the citizens and visitors in the state and the community association manager profession.

CAM Firm Licensure

I also want to mention that the Florida Legislature approved House Bill 995 during the 2008 Legislative Session.  HB 995 requires the licensing of Community Association Management firms.  Currently, management firms need only register with the Department to perform management services for associations.  Effective January 1, 2009, all CAM firms providing community association management to more than ten units, or budgets of $100,000 or greater, must be licensed by the Department to provide association management services.

To implement CAM firm licensure, the Department will introduce a revised application for use by management firms currently registered with the Department, and firms desiring to be licensed for the first time.  Management firms with a current registration number will retain the same registration number as their license number. All firms licensed by September 30, 2009, will have licenses valid through September 30, 2011. All licenses will expire in September 30 of odd-numbered years thereafter.

There is a list of frequently asked questions on the Department’s Web site addressing the licensing requirements of management firms.  You may access these frequently asked questions by visiting http://www.myflorida.com/dbpr/pro/cam/faq.html.  Additionally, the application for licensure may be obtained by visiting the following link also posted on the Department’s Web site at http://www.myflorida.com/dbpr/pro/cam/forms.html. Please stay posted to the site as updates are frequently made to the information.

Again, I welcome our three new council members, and until next time, I bid you well.

Anthony B. Spivey, Executive Director

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Continuing Education Renewal Reminder

As a reminder, per Rule 61-20.508(1), Florida Administrative Code, you must complete 20 hours of continuing education for each biennium in order to renew your license.  The next renewal period will end on September 30, 2010.  Renewal notices will be mailed to your address of record at least 90 days prior to the end of the renewal cycle. 

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Pre-Licensure Course

Candidates completing the pre-licensure courses will have 12 months from the course completion date to take and pass the state certification examination. There is no provision to extend the examination beyond this time period. Section 468.433(2)(d), Florida Statutes, mandates that pre-licensuretraining shall be completed within the 12 months prior to the date of the examination

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Regulatory Council of Community Association Managers Department Disciplinary Actions

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 Agency Clerk at sarah.wachman@dbpr.state.fl.us for this information.  The listing of disciplinary actions does not reflect pending appeals or requests for rehearing.

Theodore D. Rahe
Case No. 2006-048591
Respondent was charged with one count of violating Section 468.436(1)(b), Florida Statutes through a violation of Rule 61-20.503(4)(a), Florida Administrative Code, by failing to exercise due professional care in the performance of his community association management services.  Discipline imposed: Respondent’s license, number CAM 2205, is reprimanded, Respondent shall pay an administrative fine in the amount of $100.00, and Respondent shall pay costs in the amount of $2,026.42.

Douglas E. Wilson
Case No. 2005-060375
Respondent was charged with one count of violating Section 468.436(1)(b), Florida Statutes, through a violation of Rule 61-20.503(4)(a), Florida Administrative Code, by failing to exercise due professional care in the performance of community association management services for West Glenn Homeowner’s Association. Discipline imposed:  Respondent shall pay an administrative fine in the amount of $500.00, and Respondent shall pay costs in the amount of $521.19.

Jimmy Pappas
Case No. 2006-030704
Respondent was charged with one count of violating Section 468.436(1)(b)(2), Florida Statutes, through a violation of Rule 61-20.503(7), Florida Administrative Code, by failing to use the roof assessment account funds for their intended purpose, and one count of violating Section 468.436(1)(b)(5), Florida Statutes, through a violation of Rule 61-20.503(8)(b), Florida Administrative Code, by performing community association management services while unlicensed.  Respondent did not become a licensed community association manager until September 26, 2005, having been issued license number CAM 28173.  Discipline imposed: Respondent’s license, number CAM 28173, is revoked.

Joan F. Greene
Case No. 2007-027040
Respondent was charged with one count of violating Section 468.436(1)(b)(5), Florida Statutes, by failing to file tax returns for the association and using funds for purposes other than the specific purpose for which they were allocated, and one count of violating Section 468.436(1)(b)(1), Florida Statutes, through Rule 61-20.503(6)(a), Florida Administrative Code, by failing to return requested financial documents to the association.  Discipline imposed: Respondent’s license, number CAM 8585, is revoked

Allen Lee Entler
Case No. 2006-042560
Respondent was charged with one count of violating Section 468.436(1)(b)(5), Florida Statutes, by forging checks with Complainant’s name while employed as a CAM, and one count of violating Section 468.436(1)(b)(3), Florida Statutes, by being convicted of a felony in a United States court.  Discipline imposed:  Respondent’s license, number CAM 11196, is revoked.

John Arxer
Case No. 2008-014524
Respondent was charged with one count of violating Section 468.436(1)(b)3, Florida Statutes, by pleading nolo contendere to a felony in a United States court.  Discipline imposed: Respondent’s license, number CAM 10159, is reprimanded; Respondent shall pay administrative fines in the amount of $500.00, and costs in the amount of $87.78.

Alore Anne Saylor
Case No. 2007-027715
Respondent was charged with one count of violating Section 468.436(1)(b)(5), Florida Statutes, through a violation of Rule 61-20.503(8)(a), Florida Administrative Code, by working as a community association manager on a suspended license.  Discipline imposed: Respondent’s license, number CAM 22725, is revoked.

Dwight Tony Brown
Case No. 2006-016516
Respondent was charged with one count of violating Section 468.436(1)(b)(5), Florida Statutes, through a violation of Rule 61-20.503(4)(a), Florida Administrative Code, by failing to exercise due professional care in the performance of community association management services, and one count of violating Section 468.436(1)(b)(5), Florida Statutes, through a violation of Rule 61-20.503(4)(b), Florida Administrative Code, by failing to comply with the association’s bylaws, and one count of violating Section 468.436(1)(b)(5), Florida Statutes, through a violation of Rule 61-20.503(6)(b), Florida Administrative Code, by denying access to the Association’s records.  Discipline imposed: Respondent’s license is reprimanded, and Respondent shall pay an administrative fine of $1,500.00, and costs in the amount of $1,695.82.

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