Unlicensed Practice of Law Complaint - Florida Bar

This case has been resolved. The Florida Bar sided with Kelly Janssen over Fausto Fabbro.

Contact Kelly if you wish to sign the petition to investigate Fausto Fabbro for filing a false complaint.

UCO President Fausto Fabbro has (Falsly) sworn an Unlicensed Practice of Law Complaint against (Former) UCO Recording Secretary Kelly Janssen

Fausto's complaint to the Florida Bar can be viewed here.

Kelly's response to the Florida Bar can be viewed here.

Fausto's response to the Kelly's response can be viewed here.

The Florida Bar's letter closing the case "due to insufficient evidence" can be viewed here.

The UCO Bylaws provide for the removal from the office of any officer for cause. The process starts with written charges in a petition signed by no fewer than one hundred (100) Delegates.

The petition to remove Fausto Fabbro from the office of UCO President can be viewed here.

Filing an Unlicensed Practice of Law Complaint

Palm Beach Post News

2024-08-28: Century Village's latest drama: Is retirement community official illegally practicing law?

Read the Palm Beach Post story here.

View the AOL post here.

2024-08-29: Florida Bar dismisses complaint alleging Century Village board member illegally practiced law

Read the Palm Beach Post story here.

View the AOL post here.

Florida Bar News

2024-08-29: Florida Bar dismisses complaint alleging Century Village board member illegally practiced law

Read the Florida Bar Daily News Summary here.

False UPL Complaint - Third-Degree Felony

Florida Statutes §92.525 Verification of documents; perjury by false written declaration, penalty.—

(1) If authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:

(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths;

(b) Under oath or affirmation taken or administered by an officer authorized under s. 117.10 to administer oaths; or

(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.

(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) As used in this section:

(a) The term “administrative agency” means any department or agency of the state or any county, municipality, special district, or other political subdivision.

(b) The term “document” means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.

(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect.

Excerpts from The Florida Bar Public Information and Bar Services Department Pamplet

The Florida Bar acts as prosecutor in unlicensed practice of law cases, much like the state attorney’s office does in criminal cases.

Florida Bar prosecutions are filed with the Supreme Court of Florida and trials are held before judges, called referees, appointed by the court.

Engaging in the unlicensed practice of law in Florida is also a crime. It is a third degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without a license.

If the local UPL committee recommends litigation and litigation before the Supreme Court of Florida is approved, UPL Counsel will file a formal complaint against the nonlawyer before the Supreme Court of Florida.

Don’t expect your allegation to be decided just because of what you claim to have happened. The final decision must depend upon the weight of the available and relevant evidence and testimony.

You and witnesses are not prohibited from talking about your problem with the nonlawyer or revealing that you have made an inquiry with The Florida Bar. You may also give others copies of any documents you give to or receive from The Florida Bar or the nonlawyer involved.

Discipline Roadmap

Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law

REMOVAL FROM OFFICE – UCO BYLAWS ARTICLE VIII(J)

Any Officer or Executive Board member may be removed for cause, based on submission to the Treasurer, or to the President if the Treasurer is charged, of written charges in a petition signed by no fewer than one hundred (100) Delegates, after which an inquiry into the charges shall be made according to the following procedures:

1. In the event that the President is charged, the members of the Officers Committee, excluding the President, shall appoint a Board of Inquiry. The Board of Inquiry shall be composed of no fewer than five (5) and no greater than seven (7) Members of UCO, and this Board shall conduct a hearing expeditiously. The Board of Inquiry shall choose a chairperson from among its members.

2. In the event that an Officer other than the President is charged, or an Executive Board member is charged, the President shall appoint a Board of Inquiry composed of no fewer than five (5) and no greater than seven (7) Members of UCO, which shall conduct a hearing expeditiously. The Board of Inquiry shall choose its chairperson from among its members.

3. The person charged and the complainant(s) shall not be members of the Board of Inquiry but shall be invited to appear before it. The Board shall determine the protocols for the Inquiry, except that the hearing portion of the Inquiry shall be open and only principals shall speak. Minutes shall be taken for the record.

4. Following the completion of the hearing, the Board of Inquiry shall report its recommendation to a special meeting of the Delegate Assembly, after which the Delegates shall vote. The person charged and the complainant(s) shall be invited to appear before this Assembly but shall not be considered for quorum purposes and shall have no vote pertaining to these charges. Delegates may speak at this meeting.

5. Notwithstanding any recommendation from the Board of Inquiry, the affirmative vote of two-thirds (2/3) of the Delegates present when the vote is called at a duly called meeting of the Delegate Assembly, provided a quorum is present, shall be required to remove an Officer or member of the Executive Board. Should removal be voted on, any vacancies created thereby shall be filled in the manner provided in these Bylaws for the filling of vacancies of Officers or Executive Board.

Events leading up to UPL Complaint and Actions taken after Complaint

June 30th, 2023 - During a United Civic Organization's (UCO) Executive Board meeting, three (3) association board members asked the UCO Officers to help better equip board members for their role. The UCO Officers stated that board members have all the resources and knowledge they need to do their jobs. The meeting can be viewed on YouTube and the relevant conversation starts at the 46:46 mark. This video can be viewed here.

July 20th, 2023 - Several board members met and talked about forming a group with the mission to "provide an inspiring environment where board members create, share, and leverage best practices and reusable documentation that makes running their associations more efficient and enjoyable." As part of our desire for transparency, the minutes of every Board Synergy Club meeting were sent to UCO's Licensed Community Association manager (LCAM), Donald Foster. The minutes from this meeting can be accessed here.

August 4th, 2023 - UCO President David Israel, appointed Kelly Janssen to the Executive Board. This appointment was approved unanimously by the 149 members attending the Delegate Assembly. The UCO President is allowed to appoint up to four (4) residents to the 20 member elected Executive Board. Kelly missed being elected to the Executive Board by a single vote.

August 26, 2023 - After many fruitful conversations with the UCO LCAM Donald Foster, Kelly Janssen with Donald's support made a formal request, to the then UCO President David Israel, to create a temporary Board Synergy Committee focused on documenting and sharing best practices for the 309 Association Boards. Most of the information needed by associations is available, but finding it, when you need it, is a challenge. Our club later created a website that organizes already available information in one place organized by subject. It can be viewed here: http://boardsynergyclub.com It is clear from this request, that Kelly wanted to work with and under UCO's supervision. The request can be accessed here.

September 21st, 2023 - Primarily to be able to reserve a room to meet in regularly, the Board Synergy Club was formed under the supervision of the Century Village West Palm Recreational Facilities (WPRF).

December, 2023 - Kelly Janssen was conducting business with Donald Foster in the UCO Office and Kelly asked Donald if he was following what the Board Synergy Club was doing. Donald said he read the Weekly Updates and monitored the Action Register. Donald added something on the order of "Keep doing what you are doing. It's good that you aren't being critical of UCO."

December 31st, 2023 - Kelly submitted his intent to run for the UCO President in the upcoming UCO elections to be held March 1st.

January 7th, 2024 - Kelly was campaigning door-to-door and was angrily confronted by a resident who heard inflammatory things about me while he was conducting business in the UCO office. The email can be accessed here.

March 1st, 2024 - Kelly Janssen lost the UCO President election to Acting-President Fausto Fabbro by seven (7) votes. No one gave Kelly a chance at winning. The election was close because of the popularity of the Board Synergy Club that he cofounded in July of 2023.

April 4th, 2024 - Kelly Janssen submitted a letter of intent to run for a vacated UCO Officer position. The letter can be accessed here.

April 24th, 2024 - Kelly Janssen emailed meeting minutes for previous (April 18th) Board Synergy Club meeting. Kelly asked Donna to facilitate and take minutes in his absence as Kelly's wife was recovering from two emergency surgeries for a 99% blockage near her heart. There was a line in Donna's minutes that agitated UCO. It said "Discussions were held re holding CV responsible in the event a security issue arises due to security deficiencies." UCO called this "a cause of action" in their meeting the next day. The minutes can be accessed here.

April 25th, 2024 - UCO Officer's Committee made several false claims about Kelly Janssen and the Board Synergy Club. The meeting can be viewed on YouTube and the relevant conversation starts at the 22:26 mark. The video can be viewed here:.

April 29th, 2024 - Kelly Janssen sent an email to the UCO Officers titled: ANSWER AND RESPONSES TO CLAIMS PRESENTED ON THE RECORD IN THE UCO OFFICER’S COMMITTEE MEETING ON APRIL 25th, 2024. The contents of that email can be accessed here. This email was also distributed to members of my club that shared their email address with me. The attachment from that email can be accessed here.

May 3rd, 2024 - Kelly Janssen was elected in a special election as a UCO Officer (1 of 8) holding the Recording Secretary position.

May 6th, 2024 - UCO Recording Secretary Kelly Janssen announced to the UCO Officers that because of the past friction, he stepped away from the Board Synergy Club, and that the two co-founders took it over.

May 8th, 2024 - UCO President Fausto Fabbro filed an Unlicensed Practice of Law Complaint against UCO Recording Secretary Kelly Janssen. It is Kelly Janssen's position that this was knowingly sworn in bad faith and/or with malice. The complaint can be accessed here.

July 20th, 2024 - UCO Recording Secretary Kelly Janssen received the Unlicensed Practice of Law Complaint from the Florida Bar through the mail.

July 31st, 2024 - UCO Recording Secretary Kelly Janssen submitted his response to the Unlicensed Practice of Law Complaint to the Florida Bar through the mail. Kelly's response to the Florida Bar can be viewed here.

August 2nd, 2024 - UCO Recording Secretary Kelly Janssen made the Delegate Assembly aware of accusations and asked for signatures on three (3) petitions to form a Board of Inquiry per UCO Bylaws.

August 2nd, 2024 - UCO Recording Secretary Kelly Janssen asked Donald Foster for Invoices regarding the Unlicensed Practice of Law (UPL) Complaint.

August 2nd, 2024 - UCO Recording Secretary Kelly Janssen asked Donald Foster if the petitioner names will be kept private to protect people from retaliation from UCO President Fausto.

August 5th, 2024 - UCO Recording Secretary Kelly Janssen raised the concern over retaliation for signing a petition. UCO President Fausto Fabbro refused to answer all but one question including questions from other officers saying the UCO lawyer will be handling this complaint. The one questions Fausto did answer was to say that all signed petitions will be posted on the UCO website.

August 5th, 2024 - UCO President Fausto Fabbro has thus far used 8 hours ($1,240) of legal services to put together this UPL complaint. The residents of Century Village are paying for these legal fees.

August 8th, 2024 - UCO Recording Secretary Kelly Janssen filed a D&O (directors and officers) claim with AssuredPartners. The purpose is to gain potential reimbursement of defense costs of legal action for alleged wronful acts brought against me in retaliation for becoming a UCO officer. The request can be viewed here.

August 14th, 2024 - UCO President Fausto Fabbro asked UCO General Counsel Rod Tennyson to provide case law for his Unlicensed Practice of Law (UPL) Complaint in response to Kelly Janssen's July 31st response. The response can be viewed here.

August 23rd, 2024 - The Florida Bar closed the Unlicensed Practice of Law (UPL) Complaint "due to insufficient evidence". The letter closing the file can be viewed here.

September 25th, 2024 - Due to the continued spreading of false claims about my efforts and out of fear of being falsely accused of another crime, Kelly Janssen has resigned as UCO Recording Secretary.