PRESS RELEASE

Tallahassee April 20, 2005

We The People, Inc. a national whistleblower organization is demanding further investigation of how the Florida Department of Business and Professional Regulation (DBPR) regulates condominiums, mobile homes and land sales in Florida after the release of a legislative report citing major problems with the department’s enforcement process.

The recently released OPPAGA Report NO. 05-24 (copy attached) recommends major changes in the way DBPR handles complaints to improve the timeliness and effectives of its operations including stronger enforcement actions; increased communication with complainants and other regulatory agencies; and more efficient processing of complaints. The report follows an OPPAGA review requested earlier this year by former Senate President Jim King, Rep. Julio Robaina, Rep. Aaron Bean and other legislative leaders of how condo owner’s complaints are handled by DBPR. 

Although the report exposes many major problems with DBPR enforcement and complaint processing, it does not deal with the root causes of these problems—failure of DBPR personnel to aggressively enforce Florida’s condominium laws—and the impact this has had on condo owners whose complaints were not properly handled by the department.  “The Report fails to address the people issue” said Steve Comley.  “More investigation is needed to adequately assess DBPR’S failure to adequately address specific complaints and what if any management and personnel changes are needed to correct this problem”. “The report also does not consider other factors that have had an impact on how the department handles consumer complaints that are currently being reviewed by other legislative committees including requiring consumers to call a centralized call center” said Bill Reeves, We the People attorney and former DBPR division director .

 We the People and other groups provided information to OPPAGA regarding complaints that were sent to DBPR and not investigated, but the Report does not provide examples or specific information about these complaints or others that were solicited by OPAGGA on its website during the investigation and how they were handled by Division staff. Nor does OPPAGA respond to allegations by many condo owners that DBPR complaint review often favors condo association not individual owner’s rights.

Until there is an investigation of how specific complaints were handled by DBPR no one will really know what must be done to address these problems. We the People suggests that aggrieved condo owners write its Tallahassee Office, or contact their legislators and demand investigative hearings providing an opportunity for testimony by interested condo owners and responsible DBPR staff on these issues

     The legislature must also provide adequate funding, sufficient personnel and adequate authority to the newly created Condominium Ombudsman so that this office can independently act to protect Florida condo owners having serious problems when DBPR fails to address their complaints.