Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: MANUEL MENDOZA CARDENAL
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Dec. 27, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 21, 2011.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE _ :
1 1OC1S PC “HSN 9.
SG Bp ye
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v. Case No. 2009005435
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Petitioner,
MANUEL MENDOZA CARDENAL,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Department Of Business and Professional
Regulation (“Petitioner”) files this Administrative Complaint
before the Florida Real Estate Appraisal Board, against
Respondent, Manuel Mendoza Cardenal (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating
the practice of real estate pursuant to Section 20.165, Florida
Statutes, and Chapters 120, 455 and 474, Florida Statutes.
2. At all times material to this Complaint, Respondent
was licensed as a state certified residential real estate
appraiser in the State of Florida, having been issued license
number 1716.
3. Respondent's address of record is 17220 SW 77 Court,
Palmetto Bay, Florida 33157.
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4. On or about September 24, 2007, Respondent developed
and communicated an appraisal report (Report) on a property
commonly known as 5035 Palm Hill Drive, #285, West Palm Beach,
Florida 33415 (Subject Property) .
5. A copy of the Report as obtained from the Respondent
is attached hereto and incorporated herein as Administrative
Complaint Exhibit 1.
6. Respondent appraised the Subject Property condominium
at $165,000 for the client, Great Country Mortgage Bankers.
7. Petitioner received a complaint from a lender alleging
certain errors in the Report after the complainant obtained an
appraisal review valuing the Subject Property.
8. Respondent made the following errors or omissions in
the Report:
a) Respondent checked the box “no” indicating that the
Subject Property was not currently offered for sale,
yet indicated the assignment type as “purchase
transaction”;
b) Respondent stated that one unit housing trends were
stable for property values, with supply and demand in
balance, yet the market was in decline;
¢) Respondent, inconsistently with the one unit housing
trends, stated that the “market is experiencing a
correction” ;
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d)
e)
f)
Respondent’s work file contained a copy of the sales
contract for the Subject Property for $164,900 that
was signed but not dated. A copy of the sales contract
is attached hereto and incorporated herein as
Administrative Complaint Exhibit 2;
Respondent under date of contract stated, “not date”
(sic) and recited that up to $9894.0 (sic) to be
applied to buyer’s closing costs, but the sales
contract has no such provision;
Respondent signed the appraiser's certification,
specifically stating that Respondent inspected the
interior of the Subject Property. When asked in the
Report to describe the condition of the property,
Respondent stated: “Per sales agreement and
information provided to appraiser by on-site sales
office and sales representative, the subject unit has
a number of upgrades such as flooring, upgraded
bathroom and kitchen areas. Based on this information
the subject unit is considered to be in overall good
condition for type and age with no functional
inadequacies noted.” If Respondent had inspected the
interior of the Subject Property, Respondent would
have noticed the upgrades listed, rather than having
to rely on the sales staff. The statement concerning
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g)
h)
i)
the upgrades is misleading and suggests Respondent did
not personally inspect the interior of the Subject
Property as Respondent certified;
Respondent’s work file contains numerous MLS printouts
concerning available potential Comparable Sales, and
Respondent stated in the Report that there were over
100 sales and listings considered comparable to the
Subject Property in the year leading up to the
effective date of the Report. Respondent chose to use
a 2 year old Comparable Sale 2 in a gated community
when the Subject Property was 26 years old, did not
lie in a gated community, and there were other
available, proximate Comparable Sales more similar in
age to the Subject Property that Respondent could have
used but did not;
Respondent misstated the age of the Subject Property
and the gross living area of Comparable Sale 2;
Respondent should have used the Income Approach to
valuation in that the project information clearly
disclosed that there were 90 +/- units rented;
The Report is misleading in that there is an
oversupply of units beyond the 132 units reported for
sale;
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k) The Report failed to disclose the proximity to the
Palm Beach International Airport.
9. Respondent filed a written response to the complainant,
a copy of which is attached hereto and incorporated herein as
Administrative Complaint Exhibit 3.
10. Respondent used an incorrect designation.
11. Respondent falsely certified to the intended user of
the Report that he had performed the appraisal in accordance
with the requirements of the Uniform Standards of Professional
Appraisal Practice (USPAP) that were in place at the time the
appraisal report was prepared.
12. Respondent failed to exercise reasonable diligence in
performing the appraisal assignment in accordance with the USPAP
Standards in place at the time the appraisal report was
prepared.
COUNT ONE
13. Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through (12) as
though fully set forth herein.
14. Respondent’s professional conduct in developing and
communicating appraisal reports was governed by the Uniform
Standards of Professional Appraisal Practice (USPAP) applicable
at the time of the appraisal report, in this case the July 1,
2006 USPAP.
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15.
The Conduct Section of the USPAP Ethics Rule
provides as follows:
16.
An appraiser must perform assignments
ethically and competently, in accordance with
USPAP and any supplemental standards agreed to by
the appraiser in accepting the assignment. An
Appraiser must not engage in criminal conduct. An
appraiser must perform assignments with
impartiality, objectivity, and independence, and
without accommodation of personal interests.
An appraiser must not accept an assignment
that includes the reporting of predetermined
opinions and conclusions.
An appraiser must not communicate assignment
results in a misleading or fraudulent manner. An
appraiser must not use or communicate a
misleading or fraudulent report or knowingly
permit an employee or other person to communicate
a misleading or fraudulent report.
An appraise must not use or rely on
unsupported conclusions relating to
characteristics such as race, color, religion,
national origin, gender, marital status, familiar
status, age, receipt of public assistance income,
handicap, or an unsupported conclusion that
homogeneity of such characteristics is necessary
to maximize value.
USPAP Standards Rule 1-1 provides as follows:
In developing a real property appraisal, an
appraiser must:
(a) be aware of, understand, and correctly
employ those recognized methods and techniques
that are necessary to produce a credible
appraisal;
(b) not commit a substantial error of omission
or commission that significantly affects an
appraisal; and
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Administrative Complaint
(c) mot render appraisal services in a careless
or negligent manner, such as by making a series
of errors that, although individually might not
significantly affect the results of an appraisal,
in the aggregate affects the credibility of those
results.
17. USPAP Standards Rule 1-4 provides, in part, as
follows:
In developing a real property appraisal, an
appraiser must collect, verify, and analyze all
information necessary for credible assignment
results.
(a) When a sales comparison approach is
necessary for credible assignment results, an
appraiser must analyze such comparable sales data
as are available to indicate a value conclusion.
18. USPAP Standards Rule 1-6(a) provides, in part, as
follows:
In developing a real property appraisal, an
appraiser must:
(a) reconcile the quality and quantity of data
available and analyzed within the approaches; and
19. USPAP Standards Rule 2-1 provides as follows:
Each written or oral real property appraisal
report must:
20.
(a) clearly and accurately set forth the
appraisal in a manner that will not be
misleading;
(b) contain sufficient information to enable the
intended users of the appraisal to understand the
report properly; and :
USPAP Standards Rule 2-2(b) provides, in part, as
follows:
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Administrative Complaint
The content of a Summary Appraisal Report must be
consistent with the intended use of the appraisal and,
at a minimum:
(viii) summarize the information analyzed, the
appraisal methods and techniques employed, and
the reasoning that supports the analyses,
opinions, and conclusions; exclusion of the sales
comparison approach, cost approach, or income
approach must be explained;
21. Respondent failed to comply with the above USPAP
Standards in developing the Report.
22. Based on the foregoing, Respondent violated Section
474.624(2), Florida Statutes (2007), by culpable negligence or
breach of trust in a business transaction; or has violated a
duty imposed upon Respondent by the terms of a contract, whether
written, oral, express or implied, in an appraisal assignment,
by certifying Respondent complied with the above USPAP Standards
when he did not.
COUNT TWO
23. Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through (12) as if
fully stated herein.
24. Section 475.624(15), Florida Statutes (2007), states
the following shall constitute grounds for disciplinary action:
[Respondent] “(has failed or refused to exercise reasonable
diligence in developing an appraisal or preparing an appraisal
report.”
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Administrative Complaint
25. Based on the foregoing, Respondent failed to practice
appraisal practice with that level of care, and skill which is
recognized by a reasonably prudent appraiser as being acceptable
under similar conditions and circumstances.
COUNT THREE
26. Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through (12) as if
fully set forth herein.
27. Section 475.622(1)-(2), Fla. Stat., and Rule 61J1-
7.001(2), Florida Administrative Code, subject a real estate
licensee to discipline for failing to display and disclose an
appropriate designation adjacent to or immediately above the
license number.
28. As set forth above, Respondent used an incorrect
designation next to or above his license number.
29. Based on the foregoing, Respondent violated Section
475.622(1)-(2), Fla. Stat., and Rule 6131-7.001(2), Florida
Administrative Code, when he completed the instant assignment
displaying an incorrect license designation next to or above his
license number.
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FDBPR v. Manuel Mendoza Cardenal Case No. 2009005435
Administrative Complaint
WHEREFORE, Petitioner respectfully requests the Board of
Real Estate Appraisal enter an order imposing one or more of the
following penalties: permanent revocation or suspension of
Respondent’s license, restriction of practice, imposition of an
administrative fine, issuance of a reprimand, placement of
Respondent on probation, assessment of costs, corrective action
and/or any other relief that the Board deems appropriate.
Signed this 7 day of Fucy , 2010.
CHARLIE LIEM, Interim Secretary
Department of Business and
Professional Regulation
peg 9
Donna Christine Lindamood
Senior Attorney
Florida Bar No. 0273694
Department of Business and
Professional Regulation
‘Division of Real Estate
400 W. Robinson Street
Suite 801-N
Orlando, FL 32801
(407) 481-5632 Telephone
(407) 317-7260 Facsimile
DATE 7/ZO//0
PCP Date: 7/7/10
PCP Members: MR/FO
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Administrative Complaint
NOTICE TO RESPONDENT (S)
PLEASE BE ADVISED that mediation under Section 120.573
of the Florida Statutes is not available for administrative
disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this
Administrative Complaint you may request, within the time
allowed by law, a hearing to be conducted in this matter in
accordance with Sections 120.569 and 120.57 of the Florida
Statutes; that you have the right, at your option and expense,
to be represented by counsel or other qualified representative
in this matter; and that you have the right, at your option and
expense, to take testimony, to call and cross-examine witnesses,
and to have subpoena and subpoena duces tecum issued on your
behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an
Election of Rights form or some other responsive pleading with
the Petitioner within twenty-one (21) days of receipt of this
Administrative Complaint, the Petitioner will file with the
Florida Real Estate Commission a motion requesting an informal
hearing and entry of an appropriate Final Order which may result
in the suspension or revocation of your real estate license or
registration. Please see the enclosed Explanation of Rights and
Election of Rights form. :
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MANUEL MENDOZA-CARDENAL
APPRAISAL SERVICES OF SOUTH FLORIDA
21012 SW 97th PLACE
CUTLER BAY, FL 33189
Telephone Number: 305-251-8114 Fax Number: 305-251-8116
v= REFERENCES:
[FO Internal Order #0724995
Lender Case #:
GREAT COUNTRY MORTGAGE BANKERS Client File #:
2850 DOUGLAS ROAD, PENTH
, IOUSE Main File #onform: 90724995
CORAL GABLES, FL 33134
Other File # on form: 095-0478877
Telephone Number: Fax Number: Federal Tax ID: 65-0359735
Alternate Number: E-Mail: Employer iD:
= ee ay avec piss =
Lender: GREAT COUNTRY MORTGAGE BANKERS Client GREAT COUNTRY MORTGAGE BANKERS
Purchaser/Borrower: ALBERTO V. & DORIS A. BONILLA
Property Address: 5035 Palm Hill Dr
City: WEST PALM BEACH
County: PALM BEACH State FL Zip: 33415-9334
Legal Description: UNIT 285 BLDG 5035 OF PALM HILL CONDOMINIUM
FULL FHA APPRAISAL/PROJECT
SUBTOTAL
Description:
Description:
Description:
_. SUBTOTAL
TOTAL DUE
Form NIV5 — "WinTOTAL" appraisal software by a la mode, inc, — 1-800-ALAMODE EXHi Bit & PAGE. l T
Appraisal Services of South Florida (305) 251-8114
Borrower/Client_ ALBERTO V. & DORIS A. BONILLA
File No. 00724995
Property Address_5035 Palm Hill Dr
if WEST PALM BEACH County PALM BEACH State FL Zp Code 33415-9334
Lender GREAT COUNTRY MORTGAGE BANKERS
TABLE OF CONTENTS
Building Sketch (Page - 1)
USPAP Identification ....
Supplemental Addendum...
VE ; NT
Form TOCNP — "WinTOTAL" appraisal software by a la mode, inc. — 1-800-ALAMODE
EXHIBIT b pace
Appraisal Services of South Florida (305) 251-8114 [Fle No. 00724995] Pane #2]
Individual Condominium Unit Appraisal Report ries coraasos
The @ of this sur appraisal report is to_provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject pro
Property Address 5035 Palm Hill Dr Unit # 285 City WEST PALM BEACH State FL Zip Code_ 33415-9334
Borrower ALBERTO V. & DORIS A. BONILLA Owner of Public Record PALM HILL INVESTMENTS, LL County PALM BEACH
Legal Description UNIT 285 BLDG 5035 OF PALM HILL CONDOMINIUM
Assessor's Parcel # _42-44-11-13-001-XXXX Tax Year_ 2006 R.E. Taxes $_ NYA
Project Name__ WEST PALM BEACH Phase # 4 Map Reference 42-44-11 Census Tract 0040.08
Occupant [} Owner (_] Tenant [XJ Vacant Special Assessments $_ N/A HOA$ 197.00 [_] per year DX] per month
Property Rights Appraised _[X] Fee Simple Leasehold _|_} Other (describe)
Assignment Type Purchase Transaction | Refinance Transaction Other (describe)
Lender/Client_ GREAT COUNTRY MORTGAGE BANKE Address _ 2850 DOUGLAS ROAD, PENTHOUSE, CORAL GABLES, FL 33134
\s the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? Yes [XJ No
Report data source(s) used, offering price(s), and date(s). _—- PUBLIC RECORDS, DEVELOPER.
! did (J did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale ar why the analysis was not
formed. NO UNUSUAL CONDITIONS NOTED IN THE CONTRACT PROVIDED TO THE APPRAISER. HOWEVER, APPRAISER IS NOT
QUALIFIED TO RENDER OPINIONS AS TO MATTERS OF CONTRACT LAW OR TERMS OF SALE INCLUDED IN SALES AGREEMENT.
Contract Price $ 164,900 Date of Contract NOT DATE __|s the property seller the owner of public record? ><} Yes [_JNo Data Source(s) REALQUEST
z \s there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? I Yes NO
If Yes, report the total doltar amount and describe the items to be paid. UP TO $9894.0 TO BE APPLIED TO BUYER'S CLOSING COSTS.
Note: Race and the racial composition of the neighborhood are not appraisal factors.
: Neighborhood Characteristics: Condominium Unit Housing Trends = Condominiuni Housing:|=Present Land Use.%'
Location [_} Urban J Suburban Rural Property Values {_] Increasing Stable [| Declining PRICE AGE | One-Unit 50%
Pay Built-Uy Over 75% 25-75% [| Under 25% | Demand/Supply Shortage 1X] in Balance Over Supply | $ (000) (yrs 2-4 Unit 40 %
¥Growth [] Rapid —_D< Stable Slow Marketing Time Under 3 mths DX) 3-6 mths Over6mths|_ 104 Low NEW | MultFami 20%.
Fog Neighborhood Boundaries SUBJECT MARKET IS LOCATED NORTH OF N 10 AVENUE, SOUTH OF 257 High _35__| Commercial 10 %
Fj SOUTHERN BLVD., EAST OF JOG ROAD AND WEST OF CONGRESS AVENUE. 160__Pred, 20‘ Other 10 %
Neighborhood Description _ SUBJECT MARKET COMPRISES A BALANCED MIXTURE OF SINGLE FAMILY HOMES, MULTIFAMILY USES AND
SUPPORTING NEIGHBORHOOD FACILITIES SUCH AS: RETAIL CENTERS, EMPLOYMENT, RECREATIONAL, HOUSES OF WORSHIP,
SCHOOL, TRANSPORTATION AND OTHER NECESSARY FACILITIES ARE ALL LOCATED WITHIN CONVENIENT DISTANCE.
Market Conditions (including support for the above conclusions) AS WITH MANY OTHER MARKETS IN SOUTH FLORIDA, SUBJECT MARKET HAD.
EXPERIENCED RAPID APPRECIATION IN THE PAST FIVE YEARS, HOWEVER THIS DOES NOT GUARANTEE SIMILAR FUTURE RESULTS.
MARKET 1S CURRENTLY EXPERIENCING A CORRECTION. MARKETING PERIOD ESTIMATED TO BE BETWEEN |S 3-6 MONTHS.
Topography LEVEL TO ROAD GRADE __Size_24.16 ACRES/PROJECT Density GOOD View RESIDENTIAL/MLFAMILY
a Specific Zoning Classification RM Zoning Description MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSI
: Zoning Compliance [Xj Legal_ [| Legal Nonconforming — Do the zoning regulations permit rebuilding to current density? _[_] Yes [_] No
{] No Zoning {1 tegal (describe)
Is the highest and best use of subject property as improved (or as proposed per plans and specifications) the present use? & Yes [] No _If No, describe
Utilities Public Other (describe) Public Other (describe) Off-site improvements ~ Type Public Private
Electricity Bd] Water X Street PAVED ASPHALT
rey Gas ial Sanitary Sewer DJ LJ Alley NONE NOTED
a FEMA Special Flood Hazard Area_[_] Yes [X}No FEMA Flood Zone B, FEMA Map #_1201920165B FEMA Map Date_ 10/15/1982
Are the utilities and off-site improvements typical for the market area? I Yes No_ If No, describe
Are there any adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? Yes No__If Yes, describe
Data source(s) for project information _ DEVELOPER, CONDOMINIUM DOCUMENTS, REALQUEST
Project Description Detached Row or Townhouse [X] Garden [_] Mid-Rise High-Rise Other (describe)
‘General Description? =General Description ‘Subject Phase: Project Completed
# of Stores 2 Exterior Walls CBS_|# of Units [386_!# of Phases # of Planned Phases
# of Elevators 0 Root Surface SHINGL.|# of Units Completed 386_|# of Units '386__|# of Planned Units N/A
Existi Proposed [Total # Parkin 773 # of Units For Sale 206 _ # of Units for Sale 206 _|# of Units for Sale N/A
(J under Construction Ratio (spaces/units) 2.03/1__|# of Units Sold 180_|# of Units Sold 480_|# of Units Sold N/A.
Year Built 1984 Type OPEN __|# of Units Rented i90+-*| # of Units Rented [90-+-"| # of Units Rented N/A.
Effective Age 5 YEARS Guest Parking ADEQ. [# of Owner Occupied Units [50 _|# of Owner Occupied Units {50 _|# of Owner Occupied Units |N/A.
Project Primary Occupancy Principle Residence (_} Second Home or Recreational Tenant
Fj Is the developer/bullder in control of the Homeowners’ Association (HOA)? Bd Yes_[] No
=] Management Group - {] Homeowners’ Association _[X] Developer _|_] Management Agent - Provide name of management company.
Does any single entity (the same individual, investor group, corporation, etc.) own mare than 10% of the total units in the project? Cl) Yes No if Yes, Describe
* PER INFORMATION PROVIDED BY ON-SITE MANAGEMENT OFFICE.
4 Was the project created by the conversion of existing building(s) into a condominium? _ x} Yes_{} No_If Yes, describe the original use and date of conversion.
RENTAL APARTMENT COMPLEX CONVERTED TO CONDOMINIUM USE IN 2006.
Are the units, common elements, and recreation facilities complete (Including any planned rehabilitation for a condominium conversion)? Oi Yes [1] No If No, describe
Is there any commercial space in the project? Cl Yes XJ No_If Yes, describe and indicate the overall percentage of the commercial space.
iia
¥
Freddie Mac Form 465 March 2005 OP Page 2 ote eee eee Panne, Mas Form 1073 March 2005
Form 1073 — "WinTOTAL” appraisal software wee mode, inc. —1-800-ALAMODE ... . .-.... 6 .
EXHIBIT__© __PA
[Fie No. 00724995{ Pane #3]
Individual Condominium Unit Appraisal Report ries aoe”
Describe the condition of the project and quality of construction. | THE PROJECT IS CONSIDERED TO BE IN OVERALL AVERAGE CONDITION. APPEAL
TO THE MARKET, UNIT MIX AND QUALITY OF CONSTRUCTION ARE ALL AVERAGE. SUBJECT UNIT AND PROJECT CONFORM TO
HUD/FHA PROPERTY REQUIREMENTS AS SET FORTH IN HANDBOOK 4150.2.
2 ESTIMATED REMAINING ECONOMIC LIFE: 50 YEARS.
fe} Describe the common elements and recreational facilities. GREEN AREAS, PARKING LOT, TENNIS COURTS, POOLS, LAUNDRY ROOMS, CABANA
g BATHS, BASKETBALL COURT, RACQUETBALL COURT.
=
2 Are any common elements leased to or by the Homeowners’ Association? [_] Yes [XJ No If Yes, describe the rental terms and options.
-
a
8 Is the project subject to a ground rent? Yes PX] No_ If Yes, $ per year (describe terms and conditions)
[a
Are the parking facilities adequate for the project size and type?
Bd Yes [J No_HfNo, describe and comment on the effect on value and marketablity.
| LL} did 2x did not anaiyze the condominium project budget for the current year. Explain the results cf the analysis of the budget (adequacy of fees, reserves, efc.), or why
the analysis was not performed. __{T IS BEYOND THE COMPETENCE OF APPRAISER TO MAKE COMMENTS IN THIS FIELD.
Are there any other fees (other than regular HOA charges) for the use of the project facilities? [J Yes [XJ No __if Yes, report the charges and describe.
Compared to other competitive projects of similar quality and design, the subject unit charge appears (CJ High _[X] Average [7] Low if High or Low, describe
PROJECT ANALYSIS
Are there any special or unusual characteristics of the project (based on the condominium documents, HOA meetings, or other information) known to the appraiser?
Yes_QXiNo__ If Yes, describe and explain the effect on value and marketability.
a unit Charge $_ 197.00 per month X12 =$ 2,364.00 per year Annual assessment charge per year per square feet of gross living afea=$ 2.98
Utilities included in the unit monthly assessment lone [j Heat [| Air Conditioning {| Electricity (| Gas [<] Water_D<] Sewer (J Cable [ } Other (describe)
1ST FLOOR Roors CARPET/LINOL/GD.
#ofLleveis ONE. Walls DRYWALL/GOOD
Heating Type FWA fuel ELE |Trim/finish WOOD/GOOD i
{X] Central AC - {_] Individual AC {Bath Wainscot DRYWALL/GOOD Parhaby LJ Dishwasher
[_] Other (describe) Doors HOLLOW CORE/GD |{_] Other Washer/Dryer Parking Space #
Finished area above grade contains: 4 Rooms 2__Bedrooms 792 Square Feet of Gross Living
Are the heating for the individual units separately metered? Dx} Yes_[_] No tf No, describe and comment on compatibility to other projects in the market area.
Garage Covered Dx} Open
[] Microwave | # of Cars 1 OPEN SPACE
IL] Assigned) Owned
UNKNOWN
PROVIDED TO APPRAISER BY ON-SITE SALES OFFICE AND SALES REPRESENTATIVE, THE SUBJECT UNIT HAS A NUMBER OF.
UPGRADES SUCH AS; FLOORING, UPGRADED BATHROOM AND KITCHEN AREAS. BASED ON THIS INFORMATION THE SUBJECT UNIT.
IS CONSIDERED TO BE IN OVERALL GOOD CONDITION FOR TYPE AND AGE WITH NO FUNCTIONAL INADEQUACIES NOTED.
UNIT DESCRIPTION
Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? () Yes x No_ If Yes, describe
DX] Yes [i No_ if No, describe
Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)?
My research [_] did <} did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal.
Data source(s) REALQUEST/MLS
z Data source(s)
fea Report the results of the research and ana
ITEM. SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2
Date of Prior Sale/Transfer NO PRIOR SALES NO PRIOR SALES. NO PRIOR SALES
MULTI PLE LISTING SERVICE/REALQUEST
i prior sale or transfer history of the subject property and comparable sales (report additional prior sales on page 3).
COMPARABLE SALE #3
NO PRIOR SALES
=
£2] Price of Prior Sale/Transfer WITHIN 3 YEARS WITHIN 3 YEARS WITHIN 3 YEARS, WITHIN 2 YEARS
S Data Source(s) REALQUEST/MLS. REALQUEST/MLS REALQUEST/MLS REALQUEST/MLS
F°4 Effective Date of Data Source(s) 09/04/07 09/04/07. 09/04/07. 09/04/07
Analysis of prior saie or transfer history of the subject property and comparable sales. SUBJECT NOR COMPARABLE SALES HAVE CLOSED OR INDICATE
PRIOR SALES IN THE PAST 3 YEARS.
eee Mae Form 1073 March 2005
1-800 ection
) Mongage Contingency.
a Exsapproved Lender.
te (1) _ ln the event the Purchaser seeks financing with the assistance of Seller
"hrough a lender preapproved by the Seller (a “Preapproved Lenda”) and such Preapproved Lender does not approve Purchaser's loan
application, provided that Purchaser furnishes complete and accurate information to euch Preapproved Lender, all monies held in escrow will be
fully refundable to Purchaser, In no event will ths loan applications fee paid dircetly to the Preapproved Lender be refundable. The Preapproved
Lender is “Groat Country Mortgage Bankers Com”. ‘The Preapproved lender is subject 6 change without notice
(3) Purchaser agrees and understands that Seller iz only referring Purchaser to 4 Preapproved Lender and
‘Any approvat is subject to such Preapproved Lender. Under no circumstances shall the Seller be responsible for obtaining financing for
Purchaser.
(i) Nonappraved Lender. In the event the Purchaser secks financing through a lender
without the assistance of the Seller (a “Nonapproved Lander”, “Preapproved Lander” and "Nonappraved Lender” shall be refereed to collectively
as “Lender’), Purchaser understands that monics held in escrow ehall nat be refundable should the financing be disapproved. If Purchaser secke
financing through = Nonapproved Lender, this contract shall be considered an “all cash" transaction not nubject to Porchaser obtaining financing
approval. In the eveat financing iu spproved, all mortgage costs will be paid by the Purchaser in full,
Gi) Purchaser agrees and understands that the loan program (term, interest rate, LTV, etc)
shall be determined by the Lender only, according to the Purchaser's quatifications and regardless of the loan amount requested on the first page
of this Contract. The loan program js the sole responsibility of the Purchager, Therefore, Purchaser should confirm with the Lender the caact
terms of the loans within fifteen (15) days after receivi ig the documents required under paragraph 35 (that ia, within the time that the Purchaser
may cancel this Contract under Chapter 718, Florida Statutes). lv no event shall the Closing be. tontingeat upon the particular loan program
Approved by the Lender.
: Gv) Notwithstanding anything costained hercin to the contrary, the Closing Date shall be
‘extended as may be required by a Preapproved Lender, ‘upon Seller's approval only. Under na circumstances shall the Closing Date be extended
‘at the request of a Nonspproved Lender,
wy In the event Paragraph 1 of this Contract provides for » morigage loan, this Contract will
be gubject fo cancellation upon written notice by the Seller if Purchaser(s) docs not complete the mortgage application(s) and all necessary forms
within five (5) business days of execution of this Contract.
12. CREDIT CHECK, Purchaser hereby authorizes Great Country Mortzare Bonkers Corp. of any affiliated entities, to inquire
into Purchaser's EQUIFAX, EXPERION or TRANSUNION credit reports. Purcheser agrecs to pay all costa relsting to tho credit separt which
shall be in addition to the purchase price,
43. CONSTRUCTION BY PURCHASER Purchaser shall comply with all governmental requirements for any construction to be
done in the Unit at Purchaser's expense, including, but not limited 10, permits, plans, deposit, insurance, approval from the Aszocistion, Dumpster
fee, Contract License, etc. In addition, Purchaser shall provide Seller's construction d. artment advance written notice of eny renovation to ba
done in his/her Unit, and reiease BPALM HILL INVESTMENTS, LLC from any liability. PALM HILL INVESTMENTS, LLC will not
gusrantes the work or completion, af sny subcontractor or affiliated contractor of Purchaser when privately contracted by Purchaser, The
Provisions of this paragraph shall survive closing. ° .
14, UNITTO BB PURCHASED “As 1S" . : an
(ay __ This Condominium ia being created by the: conversion of existing previously occupied
- revi
Contract, Seller shall not by the execution and delivery of any document or it
make any warranty, expreas or implied, of ‘any kind or any nature whatsoever, with fespect to the Condominium Unit other than warranties of title
Purment to the deed of conveyance in Paragraph 4, and ali such warranti by dis
UNIT FOR ANY PURPOSE, OR AS TO THE MERCHANTIBILITY,
CONDOMINIUM UNIT, The sals of the Unit by Seller to Purchaser shall be “AS IS™ and “WHERE IS".
manufacturing warranties pertaining {0 the Unit which by their terms ure transferable. Seller is not respot
heater or air handler in this Unit or for any damages caused
after closing Purchaser should scrvice and maintain
4
No.5920 PP. 6
ay on -
(c} To the extemt penmitted by law, the Developer specifically disclaims any and all other implied
warranties of roerchantability and fines as ‘0 the Condominium Property, any Unit or any appurtenances thereto, including any appliances,
furniture, fixtures or personal Property. . o
. 1s. OVA STA’ Purchaser acknowledges that there may be ongoing renovations to the Common Blements after
Closing. Purchaser acknowledges that Seller will uot be obligated to give any reduction in purchase price, or reimburse any cxpense, or place any
funds in escrow duc to ongoing renovations at the time of Closing.
16. SURVIVAL OF CONTRACT. All conditions or stipulations not fulfilled wt time of Closing shall survive the Closing unti}
such time 3 the conditions or stipulations ara fulfilled, . .
7 Posscysion of the Unit shall be delivered to Purchaser at the Closing, subject to ‘any lease which may be in
effect, if the unit in occupied,
any bas not dealt with a broker, agent ar Geer in oomectinn wn this transaction and Purchaser and Seller covenant and agree, each to the
other, to indemnify and hold each other harmless from any and all lossea, damages, costs and expenses including, but not limited to, attorney's
24. i The provisions of this Contrmct are intended to be independent, and in the event any provision hereof
should be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason whatsoever, such illegality,
‘unenforceability, of invalidity shall nor affect the remninder of thie Contract.
28. CONTRUCTION OF CONTRACT, ‘This contract concems the aale of real Property located in the State of Florida. This
Sontract, and all of the relationships between the Parties hereto, shall be congtrucd and interpreted in accordance with the laws of the State of
Florida, Notwithstanding the above, the Purchaser and Seller acknowledge that they have read, understand, and have had the opportunity to be
adviaed by legal counsc} 43 to each and Sveryone of the terme, conditions, restrictions, and effect of all of the provisions of this Contract and
every part of the Prospesnia, ail of which are inearporated herein by reference and mada 2 part hereof and the Purchaser aprecs to the
enforcement of any and all Of these provisions. ‘it is further agreed that words of any gender used in this Contract shall be held to inglude any
27. OFFER. This Contract, as executed by Purchaser, shall constitute an Offer tw Seller, Seller may accept the same, if at all by
delivering to Purchaser at cast one executed original of this Contract prior in the time that Purchaser shal notify Seller, in writing, of Purchaser's
revocation of this offer, The date of this Contract is the date of acceptance by Seller.
2B, S| \ Purchaser acknowirdges and agroes.that he/she has fead and understood the
taerpoan as gauche snd snle of he Uni conemplated by thi Conta tne the Continues eee et ni ee
incorporate herein by this reference, . .
29. PRESALE CONTINGENCY. Seller's gblignti
Qualified Purchass Contracts as Tequired by Seller's loan ples
By}
Sep-27- 2007 10:24AM No.5920 PT
shal) have the unilateral right to terminate this Contract by giving written notice to the Purchaser and Seller shall refund all Earnest Money paid
hereunder,
30. INSPECTION PROCEDURE.
. {a) Purchaser js required to conduct a personal inspection of the Unit with Seller's representation st a
motually convenient ime during Seller's normnal business hours ao more then three (3) days prior fo the echeduled closing date,
: {b) If Purchaser is unable to conduct the persona inspection of the Unit with Seller, as required,
Purchaser may designate 9 representative by wrinen notiee to Seller, Purchaser will ba bound by the actions of ths representative. .
(5) _ During the personal inspection, Purchaser or Purchaser's representative and Seller will complete a
list of inspection items in the Unit which require Seller's antention. Purchager and Seller will sign the liat ag conclusive evidence of the agreed
vpon work to bs performed. When the agreed work has been performed (which will be within a reasonable time considering the availability of
materials end the nature of the work to be'performed) that will be decmed conclusively that: (1) Seller's obligations have been fulfilled, and (2)
any additional items wil] be the responsibility of the Purchaser.
(2) Any contractor of Purchaser will be allowed access to the Unit for construction work
subsequent to the Jater of: (1) completion of the. Pergonal inspection, (2) signing of the list of inspection items by Purchaser, and (3) closing.
(0) It in agreed by the parties to thig Contract that the fact that the parties have not completed the
inspection, of that items listed on the inspection list have not been addressed by Seller, will not entitls Purchaser to deisy slosing or to withhold
money due Seller st closing, and refusal to close ag scheduled or to pay the full purchaser price at closing will constitute a default by the
Purchaser. Seller's obligation to perform the work agreed upon in the list of inspection items will wurvive closing.
(f) Failure of the Purchaser t0 conduct the personal inspection and complete and sign the list of
inspection items by the date established in Paragraph 30(a) of this Contract will be deemed to be: (1) conclusive of Purchaser's Acceptance of the
Unit in accordance with Paragraph 14; and (2) a Somplete waiver of all objections to'defects in workmanship or materials. This will not be
Seemed to be a waiver of any warrantica provided to Purchaser by Jaw.
C3] ‘The provisions of this paragraph shail survive the closing,
(31. ERQSPECTUS. The Purchaser acknowledges that prior to the execution of this contract, all of the statutory information
concerning this Condominium required by Scctions 718.503 and 718.504 of the Act has beea delivered ta the Purchaser, the receipt of which is
hereby acknowledged by Purchascr by signing the Receipt of Condominium Documenta attached hereto;
The following dischoaure is required by Section 404.056(8), Florida Statutes, for al! Contracts
“Radon iso naturally occurring radioactive gas thet, when it has sccumulated ins burlding in
sufficient quantitics, may present health risks to perzons who are exposed to it over time. Levels of radon that exceed federal and stats guidelines
he ‘onal information regarding radon and rudon testing may be obtained from your county public
th unit.”
33, DELIVERY OF UNIT. ‘The Unit has previously been occupied and is being delivered in “ss is” condition.
If there ig currently a tenant in the Unit, under Florida Stanutes, Chapter 718, past VF (“Condominium”), the tenant has the right to
extend his or her lease for period up to three hundred sixty (360) days from the date of receipt of a Notice of Intended Conversion, and the
tenant had the right to purchase the Unil for a period of forty five (45) days atter receipt of the items required to be delivered pursuant to Section
718.612 of the Condominiuun Act, Because of the tensnt’s Fights set forth above, Purchaser acknowledges that this Contact will be effective only
if the tenam does not exercise his right of first refusal as set forth above. If tenant exercises this right of first refusal lo purchase the ‘Unit, this
Contract shall be nut! and void and of no further force and effect, and all monies held in escrow onty shall be retumed to Purchaser snd all partics
shall be relicved of their reapective obligations, If esnant does not exerciae his right of firme refusal, then this Contract shall remain in fall force
and effect, and Purchaser shall purchase the Unit Subject to tenant’s rights, Purchaser shall assume all of the landlord's rights and obligations
‘under tenant's lease and Floride Statutes. Purchsser acknowledges receiving a copy of the cxcouted lease or sublease of the unit.
THE UNIT JS SUBJECT TOA LEASE (OR SUBLEASE)
. Purchaser agrees 10 apply for financing in accordance with Paragraph 11 herein, if applicable. to the event Purchaser makes
‘application prior to the date on which the tenant's right of first refusal expires, in consideration therefore, the Seller agrees to reimburse Purchaser
for application feea incurred only if the tenant then exercises its right to purchaser the Unit
34. SPECIAL STIPULATIONS. The following stipulations, if in conflict with any preceding provisiona, shall control:
(®) Exhibits and Addends. Ths Exhibits end/or Addenda that are attached hereto are by this reference
made « part hereof. a
(©) Peronal Property. The following items shall remain with the Unit in their present condition at ao
additional cost to Purchaser. Seller shall warrant uncncumbered title thereto to Purchnscr at Closing: Air Handler, Water Heater, Stove,
Refrigerator, and Dishwasher.
Materials, inctuding, but not limited to, 3 prospectus, the item: required Af ifs ib ce
PLEASE ACKNOWLEDGE THAT IN MAKING THIS TS ee fates
‘Sep-27- 2007 10:25AM ; . ; - No.5920
~ : =.
REPRESENTATION OR CONTRACT MADE BY A SALESPERSON OR ‘AGENT (EXCEPT AS MAY BE IN WRITING AND SIGNED BY
ONE OF SELLER'S AUTHORIZED OFFICERS OR PUBLISHED BY OR UNDER AUTHORITY FROM THE DEVELOPER IN
ADVERTISING AND PROMOTIONAL MATERIALS, INCLUDING, BUT. NOT LIMITED TO, A PROSPECTUS, THE ITEMS REQUIRED
AS EXHIBITS TO A PROSPECTUS, BROCHURES, AND NEWSPAPER ADVERTIS ING.)
( .
Preparing the Report of the Qualified Architeet or Engineer found in the Prospectus iv hot affiliated with Seller in any fachion, and is a third
(0) Private Stems, The street, alleys and driveways located within the overall development are private
Stroots, alleys and driveways and will be maintained by the Association,
(g) Estimnted Budeet. The Condominiun Astociation budget provided fo Purchaser is based on
estimated expenses only and may increase or decrease significantly when the actual expenses of ihe Condominium Association become known,
(h) Model Univ/Saies Office, For the purposes of completing the sales promotion of the Condominium
4nd until the sale of alt Units in the Condominium, the Seller, ite successors and assigns, ia hereby given the full right and authority to maintain or
eatablish on the Condominiym Unit and Common Elewents, such models, sslea offices, banners balloon and advertising signa, if any, 25 Seller
may deem necessary in its sole discretion, together with the Fight of ingress and creas to the Common Elements in connection therewith.
. (t) Recordine. Purchaser shall not record the Contract in the public records of Palm Beach County,
Florida. The recording by Purchaser of the Contract shall oonutitute « default ‘by Purchaser.
() Captions and Headings, Captions snd paragraph headings contained in the Contract ars for
Convenience-and references only and in no way define, describe, extend or limit the scope or interest of the Contract nor the interest of any
Provision hereof.
(k) Clerical Errors. The Purchasei(s) ngres(s), if requested by the Seller, to fully cooperate in
correcting any clerical errors as may Qppear in the Contract, .
(0 Blectric. Purchaser further scknowledges that there is a eparats meter for each unit, Therefore, it
ia the Purchaser's responsibility to transfer the tlectrical servise to the Unit upon slosing, at Purchaser's expense, as it will be disconnected from
PALM HILL INVESTMENTS, LLC'S account at that time, without prior notice. Amangements can be made by calling Plorida Power & Light
Company, . . :
Af Purchaser voids this in accordance with this provision, Purchader shall Feceive a full refund of all Zarnest Money collected and held
by Escrow Ay
P.
is Contract
gent, ‘only after Escrow Agent verifies that such Eamest Moncy hag been deposited into Escrow Agent's escrow account, and thet .
the sums that have been deposited have cleared the Escrow Agents’ banking institution. Escrow Agent may demand proof of clearance in the
form of a concelled check of other proof acceptable to Escrow Agent.
Receipt of deposit inthe sum ofS is hereby acknowledged by:
Any deposit that was made with » credit card must be replaced with 8 check within three (3) days, or this Contract will be ‘subjest to sutorastic
cancellation by Sellcr, without further notice to Purchaser, uniese otherwise agreed by Seller. :
ADMINISTRATIVE COMPLAINT —
7 : ; Initials:
. Ad Purchaser
. . G Purchascr
8
~paie 7 pace / ( _
Sep.27. 2007 10:25AK . —— No8970 Pg
. . . ~ . nee
‘This Contract ig subject to a manager’s approval and supentedes any previous contract.
35. THIS CONTRACT 15 YOIDABLE BY PURCHASER BY DELIVERING WRITTEN NOTICE OF THE
PURCHASER BY DELIVERING WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN FIFTEEN (1s)
DAYS AFTER THE DATE OF RECEIPT FROM THE SELLER OF ANY AMENDMENT WHICH MATERIALLY ALTERS§ OR
MODIFIES THE OFFERING IN A MANNER THAT 13 ADVERSE TO THE PURCHASER. ANY PURPORTED WAIVER OF
THESE VGIDABILITY RIGHTS SHALL HE OF NOT EFFECT. PURCHASER MAY EXTEND THE TIME FOR CLOSING FOR A
PERIOD OF NOT MORE THAN FIFTEEN (15) DAYS AFTER THE PURCHASER HAS RECEIVED ALL OF THE ITEMS
REQUIRED. PURCHASER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AL CLOSING.
Wa
ff ate aie ”
oo Goo ~—~exuisti=_/ page Z,
8 . : A . Initials;
Purchaser
Sep.27. 2007 10:26AM No.5920 P. 10
“ ‘ te
UNIT # -
DISCLOSURE NOTICE TO PURCHASER
CONCERNING CLOSING COSTS AND EMPLOYMENT OF SALES REPRESENTATIVE
L At the time of closing, Purchaser will bo required to pay, in addition to the balance of the purchase price, the following items:
(a) If neceagary, a simultancous mortgagee commitment-and policy, in an amount up to the purchase price for an additional § 150.00
foe and any endorsements required by the Lender. at the ruinimum riek rate. .
(b) Mortgage closing costs, including possible escrows and prepaid imerest.
(c} Alterations, modifications or extras not previously paid.
(d) Two (2) months capital contribution to the working capital of the Association to be paid to the Association.
(e) Settlement fer to Closing Agent
(A) Any additional costs which may be incurred by a Purchaser, including, but not limited to:
(1) Lender and Purchaser's attorney's fees;
(Q) Abstracting,
@) Mortgage title insurance;
(4) Other insurance required by bank or desired by Purchaser;
(5) Promted taxes i
(6) Prorated maintenance
(7) Credit reporting fers;
(8) Any deposits, instatistion charges or hook-up fees for utilities;
(9) Ihtangibie tax on principal mongoge amount;
(20) Documentary stamps on the principal mortgage amount
(11) Any other charges imposed by Purchaser's lender, and,
(12) Any inte funding fee due to Developer
ia The undersigned sales representative is the agent of PALM HILL INVESTMENTS, LLC, a Florida limited liability company,
(Seller) and is being compensated or paid by same for procuring the execution of the Purchaser and Sale Agreesnent.
STRATE COMPLANG ..,
ROMINIGE
eee Sot
ee ~puusit__/ price 23
9 : , Initials:
: . 0D Pocchaser
Desh at Oat Annee . P2. JR. Purchaser
onto kaaa a Se ence
APPRAISAL SERVICES OF SOUTH FLORIDA -
17220 SW 77 COURT, PALMETTO BAY, FL. 33157
(305) 251-81 14, (305) 251-8116 fax
Chase Home Lending
Appraiser Panel Management
Re: Appraisal Field Review Report
5060 Palm Hill Dr. #162
! West Palm Beach, Florida
‘To Whom it May Concern: ©
1 am in receipt of your letter stating that I am being removed from your
approved appraisers list based on a review performed on the above
described property. .
Please note the following; The Review appraiser completely ignored the
sales inside which were quite numerous and virtually identical to the
subject in favor’ of sales priced at the low end of value range in the area.
In, addition, these sales resulted in significantly Jarger individual
- adjustments which would make them inherently less similar to the subject
unit. : .
Is it not part of Chase’s requirements to utilize interior sales when
available? How then is. your department so willingly and eagerly ignoring
this requirément? It seems to me and is ‘abundantly clear that what Chase
is looking for are scapegoats to blame your poor underwriting policies on.
The subject property did not default on your loan, a poorly qualified
borrower did.’
-
Manuel Mendoza-Cardenal
01/04/09 :
IBIY ge.
~ ° saa tO- eacelle 3 :
a ee / ADMINISTRATIVE COMPLAINT. -
» LIGIHXS
lL
Docket for Case No: 10-010915PL
Issue Date |
Proceedings |
Apr. 19, 2011 |
Transmittal letter from Claudia Llado forwarding Petitioner's proposed Exhibits numbered 1-8, to the agency.
|
Mar. 21, 2011 |
Order Closing Files. CASE CLOSED.
|
Mar. 18, 2011 |
Motion to Relinquish Jurisdiction filed.
|
Mar. 08, 2011 |
Amended Notice of Scrivener's Error filed.
|
Mar. 04, 2011 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Mar. 02, 2011 |
Joint Pre-hearing Stipulation filed.
|
Feb. 09, 2011 |
Respondent's Response to Petitioner's First Request for Production filed.
|
Feb. 03, 2011 |
Notice of Serving Response to Respondent's Interrogatories filed.
|
Jan. 11, 2011 |
Respondent's First Interrogatories to Petitioner (filed in Case No. 10-010917PL).
|
Jan. 11, 2011 |
Notice of Service of Interrogatories filed.
|
Jan. 11, 2011 |
Notice of Serving Request for Production filed.
|
Jan. 11, 2011 |
Notice of Scrivener's Error filed.
|
Jan. 11, 2011 |
Petitioner's First Request for Production filed.
|
Jan. 11, 2011 |
Notice of Service of Interrogatories (filed by Daniel Villazon) filed.
|
Jan. 07, 2011 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 23 and 24, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jan. 06, 2011 |
Respondent's First Motion to Continue (filed in Case No. 10-010916PL).
|
Jan. 06, 2011 |
Respondent's First Motion to Continue (filed in Case No. 10-010916PL).
|
Jan. 06, 2011 |
Respondent's First Motion to Continue filed.
|
Dec. 30, 2010 |
Order of Pre-hearing Instructions.
|
Dec. 30, 2010 |
Notice of Hearing by Video Teleconference (hearing set for January 19 and 20, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
Dec. 30, 2010 |
Order of Consolidation (DOAH Case Nos. 10-10915PL, 10-10916PL, and 10-10917PL).
|
Dec. 28, 2010 |
Response to Initial Order filed.
|
Dec. 27, 2010 |
Administrative Complaint filed.
|
Dec. 27, 2010 |
Election of Rights filed.
|
Dec. 27, 2010 |
Agency referral filed.
|
Dec. 27, 2010 |
Initial Order.
|