October 24, 2020
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The Florida Statutes

The 2008 Florida Statutes

Chapter 468
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Section 468.436, Florida Statutes 2008

468.436  Disciplinary proceedings.--

(1)  The department shall investigate complaints and allegations of a violation of this part, chapter 455, or any rule adopted thereunder, filed against community association managers or firms and forwarded from other divisions under the Department of Business and Professional Regulation. After a complaint is received, the department shall conduct its inquiry with due regard to the interests of the affected parties. Within 30 days after receipt of a complaint, the department shall acknowledge the complaint in writing and notify the complainant whether or not the complaint is within the jurisdiction of the department and whether or not additional information is needed by the department from the complainant. The department shall conduct an investigation and shall, within 90 days after receipt of the original complaint or of a timely request for additional information, take action upon the complaint. However, the failure to complete the investigation within 90 days does not prevent the department from continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this part, chapter 455, or a rule of the department has occurred. If an investigation is not completed within the time limits established in this subsection, the department shall, on a monthly basis, notify the complainant in writing of the status of the investigation. When reporting its action to the complainant, the department shall inform the complainant of any right to a hearing pursuant to ss. 120.569 and 120.57.

(2)  The following acts constitute grounds for which the disciplinary actions in subsection (4) may be taken:

(a)  Violation of any provision of s. 455.227(1).

(b)1.  Violation of any provision of this part.

2.  Violation of any lawful order or rule rendered or adopted by the department or the council.

3.  Being convicted of or pleading nolo contendere to a felony in any court in the United States.

4.  Obtaining a license or certification or any other order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts.

5.  Committing acts of gross misconduct or gross negligence in connection with the profession.

6.  Contracting, on behalf of an association, with any entity in which the licensee has a financial interest that is not disclosed.

(3)  The council shall specify by rule the acts or omissions that constitute a violation of subsection (2).

(4)  When the department finds any community association manager or firm guilty of any of the grounds set forth in subsection (2), it may enter an order imposing one or more of the following penalties:

(a)  Denial of an application for licensure.

(b)  Revocation or suspension of a license.

(c)  Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the community association manager on probation for a period of time and subject to such conditions as the department specifies.

(f)  Restriction of the authorized scope of practice by the community association manager.

(5)  The department may reissue the license of a disciplined community association manager or firm upon certification by the department that the disciplined person or firm has complied with all of the terms and conditions set forth in the final order.

History.--ss. 12, 14, ch. 87-343; s. 4, ch. 89-155; s. 4, ch. 91-429; s. 4, ch. 94-350; s. 10, ch. 96-291; s. 5, ch. 2008-28.

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