10 -Glelb PL. STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2 FLORIDA REAL ESTATE COMMISSION MAY SO fr FLORIDA DEPARTMENT OF BUSINESS eV ie AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008035051 ANTONIA GUIA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Antonia Guia(“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number H:\ac\guia.doc fey by dey Lk / 23 FDBPR v. Antonia Guia , Case No. 2008035051 Administrative Complaint 3175918 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate without a current employer at 5601 Collins Avenue #625, Miami Beach, Florida 33140. 4. Respondent was employed with Greater Realty Group Inc., from March 28, 2007 to June 2, 2008. 5. Respondent was employed with Homeside Corporation d/b/a Homeside Real Estate from January 1, 2009, until May 22, 2009. 6. Respondent is recorded as Manager Member for Paradise for Rent, LLC a Florida Limited Liability Company registered with the Florida Department of State, Division Corporations. A copy of the record is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. Respondent published or caused to be published a website known as Pavilion Miami Beach, advertising real properties for rent. A copy of the advertising is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 8. On or about April 29, 2009, Respondent negotiated a rental contract with Deborah Bickle from April 29, 2009, to May 29, 2009 for $4,320 for an apartment known as Spiaggia Condo 3906 at Akoya, located at 6365 Collins Ave., Miami Beach FL 33140. A copy of the contract is attached hereto and incorporated herein as H:\ac\guia.doc 2 FDBPR v. Antonia Guia Case No. 2008035051 Administrative Complaint Administrative Complaint Exhibit 3. 9. Respondent collected money from Deborah Bickle for renting the Spiaggia Condo 3906 at Akoya, located at 6365 Collins Ave., Miami Beach FL 33140. 10. Respondent failed to deliver funds collected from Deborah Bickle to Respondent's broker of record. 11. Respondent's rental activities were not exempted pursuant to Section 475.011 Florida Statutes. 12. Respondent had no title or any other interest in the rented property. 13. Respondent knew or should have known that in all cases filed pursuant to Chapter 475, Florida Statutes, if Respondent has leased, or let real estate, the title to which was not in the Respondent when it was offered for lease, or has advertised real estate for sale, lease, or rental, generally, or describing property, the title to which was not in such party at the time, it shall be a presumption that Respondent was acting or attempting to act as a real estate broker. 14. Respondent was at all times material, bringing together property owner and Deborah Bickle for renting the Spiaggia Condo 3906 at Akoya, located at 6365 Collins Ave., Miami Beach FL 33140 with the intention that Respondent would receive compensation or H:\ac\guia.doc 3 FDBPR v. Antonia Guia Case No. 2008035051 Administrative Complaint valuable consideration, directly or indirectly, paid or promised, expressly or implied, for the transaction. COUNT ONE Based upon the foregoing, Respondent is guilty of having Operated as a broker while licensed as a sales associate in violation of Section 475.42(1) (b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer and is guilty of commencing or maintaining any action for a commission or compensation against any person except his registered employer in violation of Section 475.42(1) (d), Florida Statutes and, therefore, in violation of Section 475.25(1) (e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the H:\ac\guia.doc 4 FDBPR v. Antonia Guia Case No. 2008035051 Administrative Complaint offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permittee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 6132-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing Hi\ac\guia.doc 5 FDBPR v. Antonia Guia Case No. 2008035051 Administrative Complaint which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61072-24.001. SIGNED this day of , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Gl TF DS By: Patrick James Cunningham Assistant General Counsel Fla. Bar No. 469221 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 11/16/09 PCP MEMBERS: JDR/GS H:\ac\guia.doc 6 FDBPR v. Antonia Guia Case No. 2008035051 Administrative Complaint NOTICE TO RESPONDENTS 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. H:\ac\guia.doc 7 www.sunbiz.org - Department of State http://sunbiz.org/scripts/cordet.exe?action=DETFIL&ing_doc_numb... Previous on List Next on List Return To List : : No Events No Name History Detail by Entity Name Florida Limited Liability Company PARADISE FOR RENT, LLC Filing Information Document Number 108000027313 FEVEIN Number NONE Date Filed 03/14/2008 State FL Status ACTIVE Principal Address 5601 COLLINS AVENUE STE 1225 MIAMI BEACH FL 33140 ‘| Mailing Address 5601 COLLINS AVENUE STE 1225 MIAMI BEACH FL 33140 Registered Agent Name & Address GUIA, YADEL 17335 NW 67TH PL APT N MIAMI FL 33015 US Manager/Member Detail Name & Address Title MGRM GUIA, YADEL 5601 COLLINS AVENUE STE 1225 MIAMI BEACH FL 33140 Title MGRM GUIA, ANTONIA 5601 COLLINS AVENUE STE 1225 MIAMI BEACH FL 33140 Annual Reports No Annual Reports Filed Document Images 03/14/2008 -- Florida Limited Liability 1 of2 4/1/2009 11:02 AM www.sunbiz.org - Department of State http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_numb... | Note: This is not official record. See documents if question or conflict. | i : Return To List : : Entity Name Search Previous on List Next on List No Events No Name History J sonra: seuonsincnmnaneentinn:wst x } Home | Contact us 1 Document Searches | E-Filing Services | Forms | Help ‘| Copyright and Privacy Policies ~ Copyright © 2007 State of Florida, Department of State. 4/1/2009 11:02 AM 2 of 2 About Us Page 1 of 8 =: About Us Ee he Pavilion OceanPoint Akoya L'Excellence Roney Palace LeNautique Castillo Del 4 es f o> c Yadel Guia Co-Founder & President Antonia G Co-Founder & President Reaitor Associate 5601 Collins Avenue Miami Beach, FL 33140 786.543.2959 PavilionMiamiBeach@gmail.com . 2 _ 3 Property Owners Sign up below... if you are a condo owner in South Forida and are interested in leaming more on how to be apart of our up coming Millionaire Property Management division. Your First Name: ere Your Last Name: (oeestere Email Address: Phone Number: Property Building Name: Property Address: a Property Square Footage: ja i i i i . we t Number nf Radraams: http://www. pavilionmiamibeach.com/aboutus.html About Us Page 2 of 8 O1020304+ properte Qwhers..eded 3 /-avile Number of Bathrooms: i 0101502+ Additional Information: e From Miami International Airport... Driving Directions; Interactive Map From Fort Lauderdale/Hollywood International Airport... Driving Directions; Interactive Map Reservations are confirmed ONLY after the security deposit is made and a confirmation is emailed... All Guests are required to show ID and agree to all the "Terms and Conditions"... Booking Deposit Policy Security Deposit Policy Damages or Missing Items Frivolous Chargeback’'s Cancellations or No-Show Booking Policy Confirmation Policy heck-in Cleaning Passov eparation i teaning Package _ \\ http://www. pavilionmiamibeach.com/aboutus.html 5/27/2008 About Us Page 3 of 8 Parking Marina Rent Method of Payment Check out Early Check-in or late Check out Condo Changes Non: in lo Oécupancy of Unit Condo Keys and Remotes Lock Out Lost and Found Polic: Condo Association Rules Notice To All Guests No Insurance Booking Deposit Policy: The deposit will be refunded after check-out, once the condo is inspected and cleaned. It may take 5 to 7 days to receive a deposit refund. Paypal Deposits: Paypal deposits are refunded on the credit card used to make the deposit. If you have a Paypal account the deposit will be refunded to your Paypal account. From your Paypal account you may transfer the fund to the bank account on file or request a check mailed to your home. Mailed Deposits: Mailed deposits are refunded via Paypal. A $300 payment is send to you via Paypal, you will receive a confirmation email from Paypal that the funds are available and instruction on how to receive the funds. You may have Paypal mail you a check to your home. If you have a Paypal account or setup a Paypal Account you may just have the deposit transferred to the bank account on file. Credit Card Deposits: Credit card deposits over the phone will be refunded to the credit card used to make the deposit. Credit card deposits over the phone require an email with your name, address, and last four digits of the credit card used authorizing us to charge the $300 deposit. Security Deposit Policy: Security Deposit: In the event that the damages or missing items exceed the $300 booking deposit, the renter’s credit card on file will be charged to cover any and ail damages or missing items. Damages or Missing Items: With the amount of bookings our company does on a monthly bases, innocents happen from time to time. We have the best guest in the worid. For the most part it is an accident. Every rarely will guest go out of the way to porously damage our properties. If an accident occurs it will simply be repaired or replace and guest will be charged. Damages or missing items will be deducted from the booking deposit. In the event that the damages or missing items exceed the $300 deposit, the renter’s credit card on file will be charged to cover any and ail damages or missing items. Damages or missing items less than $50: Any damages or missing items less than $50, the renter will receive an itemized list of the damages or missing items and the charges for each. The deposit will be deducted and remaining deposit refunded. Damages or missing items of more than $50: Any damages or missing items more than $50, the renter will be notified immediately of any issues, photos of the damaged items if any will be emailed, an itemized list of the damages or missing items and the charges for each. epairs are med. rofessional_sub-contr: . Repai yh r_labor pl and supplies needed ADMINISTRATIVE COMPLAINT ee EXHIBIT #2 ‘) http://www. pavilionmiamibeach.com/aboutus.html About Us Page 4 of 8 Frivolous Chargekack’s: Guest will be held responsable for any damages which occur during the stay and also responsible for any missing items. Any disputes, it is recommended to be settled with our company. Ifa frivolous charge back is reported to the credit card company for damages or missing items which occurred during a guest's stay, it is our policy to turn over the charge back to the law firm which represents our company. In addition to damages or missing items, guest will be responsible for attorney fees which are $250 to $350 an hour, inistration f 4 jour and other Itis also our policy to follow through which each incident. We photograph every incident, have a sign contract with the agreed “Terms and Conditions” and have the best law firm representation. To date we haven't had a charge back which hasn't been overtumed Cancellations or No-Show: If your travel plans change you may request for availability for another date and the booking deposit will be applied to the new booking. Guest may also request to change to another condo as tong as it is available. Any changes most be requested at least a two weeks before check-in. In the event of a no-show or cancellation, the deposit is non refundable, t_ who | f_a_cani i n 1 at least two weeks before checking-in_ will receive $50 refunded back from their deposit. Booking Policy: A booking is confirmed once a $300 (or $500 on select properties) deposit is received via Paypal, credit card, mailed check or money order and a Confirmation is emailed fram us. Confirmation Policy: The confirmation includes the guest's contact information, booking information, directions to our office at The Pavilion (5601 Collins Avenue, Miami Beach) from both airports , address to the condo, Rental Terms and Conditions, and Notice to all Guest. Guest are responsible to review all the information provided in the Confirmation and notify us of any error or mistakes prior to check-in. Guest are also responsible to review and agree to all our “Rental Terms and Conditions” prior to booking. The Rental Terms and Conditions may change or be modified without notice. Any changes or modifications will be posted. At time of check-in all guest will be required to agree to all the terms and conditions and provided identification of all adults staying at the condo. Check-in: Check-in is between 2:00 - 11:00 pm. Our office is at the Pavilion (5601 Collins Avenue, Miami Beach, FL). Call us at 786.543.2959 and we will meet you at the lobby, show you to the cando, and provide you the keys upon receipt of full payment. Cleaning: A one-time departure cleaning fee specified on the confirmation will be added to all condo bookings. The departure cleaning is a basic cleaning completed after check out which includes the cleaning of all the towels, linens, bathroom(s), floors, and kitchen. Guests are booking a private vacation rental and are expected to maintain a clean condo throughout their stay, including proper disposal of trash. Condos left in poor conditions that require more then a teat cleaning after check out will incur an additional cleanina fee of $100. Poor Condition inclugest j stant fife leaving, ti WSR ney % ry ta \ http://www. pavilionmiamibeach.com/aboutus.html! ; : —— 5/27/2008 About Us , Page 5 of 8 around the condo; furniture rearranged; stains on towels, sheets, rug or floor; and dishes in sink. Tum-Over Cleaning Servi vailable: Tum-over cleaning service is available throughout the stay for $40 per service. The service includes changing the sheets and making the beds, light cleaning, picking up the condo and washing the towels. Passover Preparation Service and Cleaning Package: Passover preparation service is available for a one time fee of $180 for the one bedroom condos and $200 for the two bedroom condos. The service includes the packing and storage of all kitchen items and also includes the departure cleaning fee and a turn-over cleaning service during your stay. Parking ; The Pavilion,Roney Palace and Castle Beach Club Parking: The Pavilion and Roney Palace parking is provided with a garaged parking space for one vehicle, which is to be parked by the valet service. Additional vehicles will incur service fees by valet. When parking, specify the condo's room number for which you will be residing and your car will be parked accordingly. At the Pavilion, guest may rent a self parking space. LU’ Excellence, Akoya and Le Nautique Parking: L' Excellence and Akoya Parking include a self-parking space. Le Nautique includes two private parking spaces. A parking garaged remote is provided to gain access to the parking garage. At L’Excellence guest will be specified an assign parking space. At Akoya guest will be provided with a parking decal and guest may occupy any parking space above the 4th floor except parking spaces with a red circle. Guests are responsible to return parking decal. Ocean Point Parking: The Ocean Point has parking available at the Miami Beach City Parking Garage or meter parking on the street. We are not responsible or liable for damages which may be incurred by unforeseen acts to your vehicle such as fire, theft, casualty, or other potential acts or damage with respect to any car or its contents. Marina: Le Nautique offers a marina to rent to dock a yacht. Guest most provide yacht size and get building association approval. Rent The total is due at check-in, no exceptions. Renters are responsible to review the confirmation and notify us of any mistakes or errors before checking-in. Method of Payment Preferred method of Payment is cash. Guest may also pay via Money Order, Cashiers Check, and Travelers Checks in US funds. No Personal or Business Checks are accepted, no exceptions. Paypal Payments: Guest may pay via Paypal in the form of an echeck. Paypal echeck payment require payment to be made one week prior to check-in since it may take up to 5 days before funds clear. Paypal payments in the form of a major credit card (not in the form of an echeck which the funds are debited directly from your bank account much like a debit card) incur a 3% convenience fee added to the total payment. Debit Card Payments: Guest may pay at check-in via bank debit card which require a Personal Identification number (PIN). All debit card transaction will also require an imprint of the debit card used and a copy of a Photo ID. Credit Card Payments: As a convenience to our guest we accept all major credit card payments (Visa, Master Card, American Express, and Discover). All credit card transaction will also require an imprint of the credit card used, signed receipt from the card holder, and a copy of a photo ID. Credit card payments incur a 3% convenience fee added to the total payment. , http://www.pavilionmiamibeach.com/aboutus.html About Us Page 6 of 8 Check-Out: Check-out is before 10:00 AM. We ask our guest to call us at 786.543.2959, once checking out from the condo, lock the conde door on the way out and return keys to our office at The Pavilion, suite 1225. Early Check-in or late Check out: Guest may request to check-in early or check-out late which is dependent on bookings and cleaning schedule. Early Check-in: Guest may request early check-in by just calling us (786.543.2959) and confirmation that the condo is not booked with other guest and it that it has been cleaned. Guest may check in as early as 10:00 AM. Late Check-out; Guest may also request late check-out by just calling us (786.543.2959) and confirmation that the condo is not booked for other guest the same day. Late check-out is 12:00 PM. No late check-out if condo is booked for other guest the same day. Half Day and Extra Days: Guest may request half day or extra nights if the condo is available. Guest who check- out after 12:00 PM will be charged a half day. The rate is half the condo full night rate. Guest checking out after 5:00 PM will be charged an extra night. The half day or extra night may be deducted from the deposit or paid via credit card. ‘ Condo Changes: If for some reason the reserved condo becomes unavailable, we reserve the right to move you to another condo. We will do our best to provide a condo of equal value and characteristics. We will notify our guest of any condo changes. However, if a similar condo is not available our guest will be provided with other options. Non-Smoking Condo: Smoking is NOT permitted inside any of the condos. If smoking is believed to have taken place inside the condo, guest will be charged for a thorough cleaning and air purification process. This service may cost $300 to cover damages, labor, and equipment rental fees. The cost of the service will be deducted from the deposit. Occupancy of Unit: All condos booked have a maximum specified capacity of adults and/or children. The confirmation will have the confirmed number of guest for a specific condo. Additional guest over the confirmed number of guest up to the condos maximum capacity will be charged $50/night. A rolling bed may be request for a $30 fee. Any changes in occupancy most be requested and subject to approval. Once approved, a new confirmation will be emailed with the new occupancy requirements. Condo Keys, Remotes and Decals: Guest will be provided two sets of keys to the premises. The keys will include a master key (or remote) to enter the building and access the buildings amenities. Guest may also be provided with a remote to access the self parking garage and a parking decai to post on vehicle. Guests agree to return items below in working conditions or to be charged in accordance with the schedule below. In addition, a locksmith may be required to change locks and other charges may also apply. Lockout If a guest i is locked out of the premises a spare key may be available, in most cases. However, should a spare Key http://www. pavilionmiamibeach.com/aboutus.html About Us Page 7 of 8 Sapciies. Lost and Found Policy Any items left inside the condo after check-out is NOT our responsibility. We will do our best to find and return any item(s) which were lift or misplaced inside the condo. If need be, as a courtesy, the items may be shipped to an address provided at the renters request. Any retumed items will incur shipping and handling charges and a $30 convenience charge. Condo Association Rules Guests are expected to follow all the Condo Association Rules and agree to all the Terms and Conditions. Guests who do NOT follow the Condo Association Rules may be asked to vacate the condo by the condo association or by us. If asked to vacate the condo any unused portion of the rent already paid will be not be reimbursed and deposit will be refunded pending review of the condo for potential items missing or damaged. Any guests who do not agree to our terms and conditions at check-in will cancel the booking and thus will not have the deposit refunded. Notice To All Guests: It is hereby acknowledged that the owner and/or booking agent are renting you the condominiums or villa “As Is”. No Insurance Provided: There Is No Insurance Of Any King Provided by Us. Guest are responsible for obtaining their own insurance and agree NOT to hold the owner, booking agent and/or condo association responsible for any potential injury, accident, or illness sustained by any guest while renting the Specified unit, on or off, the premises. am an eTrust Network approved website and approved merchant. eTrust Network is a service that helps online merchants increase visitor confidence in their web site. Approved merchants are given a site seal where visitors can click on to view a seal verification report along with visitor submitted reviews of its services and products. Click on the seal below to view report and read feedback of clients. If you have rented a condo with us, submit feedback in the link below to help us establish a reputation of providing exceptional guest services offering "Millionaire Condos at Affordable Rates.” Prior to providing negative feedback, please allow us the opportunity to exceed your expectations. Thank you for your business and we hope you have enjoyed your stay with us. 2%, Approved — LOBOs View Ropare! , Approved i Website Oye i o & . AY a Feodback AOR werchane | eTrust Nenwork| Peart eee This is the web site of Pavilion Miami Beach. Our postal address is 5601 Collins Avenue 1225 Miami Beach, FL 33140 We can be reached via e-mail at PavilionMiamiBeach@yahoo.com or you can reach us by telephone at 786.543.2959. sap EE OU A RAD For each visitor to our Web page, our Web server automatically recognizes no information’ regardin the domain ofem Hf http://www. pavilionmiamibeach.com/aboutus.html "5127/2008 About Us Page 8 of 8 address. We collect no information oti consumers who browse our Web page. With respect to cookies: We do not set any cookies. If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address. If you supply us with your postal address on-line you may receive periodic mailings from us with information on our services or upcoming promotions. If you do not wish to receive such mailings, or emails please jet us know by emailing us at the above email address.Please provide us with your exact name and address. We will be sure your name is removed from the mailing list. Persons who supply us with their telephone numbers will only receive telephone contact from us with information Tegarding a reservation, confirmation, or to provide information requested. With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies. If you feel that this site is not following its stated information policy, you may contact us at the above address or phone number. Home AboutUs ThePavilion Ocean Point Akoya L'Excellence Roney Palace LeNautique Castillo Del Mar Use of this Web site constitutes acceptance of the PavilionMiamiBeach.com Terms and Conditions and Privacy Policy. . COMPLAINT http://www. pavilionmiamibeach.com/aboutus.html oe 519775008 5 21 09 07:33a Antonia Guia 305 8675209 p.1 ! www.PavilionMiamiBeach.com 5601 Collins Avenue, Suite PH-4 Miami Beach, FL 33140 786.543.2959 Confirmation Welcome: Deborah Bickle Condo No: Spiaggia Condo (3906) at Akoya: 6365 Collins Avenue, Miami Beach, FL 33140. “Party: 4 (2 adults, 2 guest, 2— 10Ibs dogs) Special Requirements: N/A Stay: April 29- May 29, 2009 Arrival Time: after 2:00 PM (Check-in time is after 2:00p.m., Check-out time is before 10:00a.m. If available, may request to check-out at 12:00 p.m., after 12:00p.m. will incur half day rate and after 5:00 incur a full day rate.) Rates: $4200/month (April Monthly Rate) Booking Deposit: $500 — via Credit Card (AMEX: 3715.3710.493 1.XXX, EXP: 12/09, CSC: 4893) The booking deposit is refunded within 7 days after departure. Guests are responsible for any damages of missing items. A credit card and a copy of a valid ID are required as a security deposit during stay. Lf you cancel or no show the booking deposit is non-refundable. Bill: $4200/ 30 nights, $120 (Cleaning Fees) Total Due at Check-in: $4320 Payment: The total is due at check-in in US ($) currency via Cash. No personal or business checks accepted. We accept Credit Cards and Debit Cards. Credit cards transaction will incur a 3% fee added to the total charged. Notes: Hi, at arrival to Miami just call me at 786.543.2959 and so that I know that you are on your way. We will go over the rental agreement, provide any information you may need, and hand you the keys. See you soon, Yadel Guia 05 21 09 07:41a Antonia Guia 306 8675209 p.2 Driving Directions from 5601 Collins Ave, Miami, FL to 7765 Sw 87t.. http://www mapquest. com/maps?] c=Mianué& i s=FL& la=>6U IHatl . Hialeah Gardens & 4 1 gry “Miami Shores : ! 1 » = G3) North Gay Village 4 Ss Medley . whe Ge Newdaing Seabed 2 — _Otympia Heights : Kay Biscayne oo 37S Kendall 2 Ea “ZB B2e swe az se £ . . Pinecrest “ if gr ‘TT Richmond Weights : isa ne 92099 hespQuest inc. | Rockdale Cutler . Map Duta S2GOBNAVTEG oF AND All rights reserved. Use subject to License/Copyright | Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions of route usability or expeditiausness. You assume ail risk of use. MapQuest and its suppliers shall not be bable to you for any Joss or delay resulting from your use of MapQuest. Yaur use of MapQuest means you agree #0 our Terms of Use 48 2 of 2 5/20/2009 11:49 A 05 21 09 07:41a Antonia Guia 305 8675209 D3 riving Directions from 5601 Collins Ave, Miami, FL to 7765 Sw 87t... http://www mapquest. commaps? 1¢=IMparme: 18-1 Lec aT suu a + wuss MapQuest , Get the SHOUTcast, Radio Teolbar for your browser EE esx Rack » SE European ~ C] dance ~ gx Pon - © 25,000+ Free Radio Stations ¢ Music from all over the World Totai Time: 31 minutes =Total Distance: 20.63 miles A: 5601 Collins Ave, Miami, FL 33140-2456 4: Start out going WEST toward COLLINS AVE/FL-A1A N. 0.0 mi 2, Tum LEFT onto COLLINS AVE/FL-ATA S. Continue to follow 1.6 mi * FLAIA 5. , & 3g, Tum SLIGHT RIGHT ante W 41ST ST/ARTHUR GODFREY 0.8 mi SD, . @ a; WY 41ST STARTHUR GODFREY RD becomes 1-185 4.0 ni " \WIFL-412 W. . 33] 5: Merge onte 1-95 S via EXIT 1 toward DOWNTOWN. 5.0 mi Ol 6: 1-95 S becomes US-1 S/S DIXIE HWY. 7.0 mi 7: Merge onto FL-878 W toward SR-874 S. 17 mi GS] St: Take the S.W. 87TH AVE/GALLOWAY RD. exit. : 0.3 mi 9: Turn RIGHT onto SW 877TH AVEIGALLOWAY RDIFL-873 N. 0.1 mi GEER 10: End at 7765 Sw 87th Ave Miami, FL 33173-2596 B: 7766 Sw 87th Ave, Miami, Fl. 33473-2596 Total Time: 31 minutes ‘Total Distance: 20.63 miles ———_ 1 of 2 5/20/2009 11:49 A 05 21 09 07:42a Antonia Guia 305 8675209 by 5601_C0 MEARE BEACH (QrId b-yH4 mal, TERATIAL 1D.+ 7 ERCHAKT # sage00857604 . ne AMEX HT ie Ee, = S7ASS7 104931025 VE) 4 = a 5 SALE E 2 S ing, 7 gm a i fer Ges 8 ? H / os WK! GOODELOGIEDS AUTH: 127558 | ~ TOTAL "$586.68 : gs 3 a8 a c=] i He bags : So 5 | Begs fF. é i gn, e222) EE ad am ay . = bo BsegeF a: a i a7: 33 fee s _ 2 @ : Rote i : gg © ww - Fa | z fi 3 S PE oa? # HERCAAAT C1PY a 4 8 aE & [ie 2 = ite g 8-8 ° . 3 < Laser Cut Keys. Replacement Fee: $250/each Master Keys. Replacement Fee: $50/each }___ Building Access Transmitters. Replacement Fee: $150/each 4 Garage Remotes. Replacement Fee: $250/each Parking Decals. Replacement Fee: $150/each »_ Parking Badges. Replacement Fee: $150/each Laundry Cards. Replacement Fee: $75/each Guests agree to return items below in working conditions or to be charged in accordance with the schedule above. In addition, a locksmith may be required to change locks and other charges may also epply. Guests Sign-in Sign in: All guests occupying the property are required to be signed-in. Guest 1. KRastwe BOnw Qeee cues. S heve. Cor aN cues2 Rrord Chrw Qe~ cuts Sharon Coral cuest3. Carve Boevw! Guest7. Warw Bickle cess, Leone orm cst. Kegan Radke Ciwrdy Verdie, Crake Vain St an i ADMINISTRA EXMIDIT # 05 21 09 07:44a Antonia Guia 305 8675209 pg Conky end Rs ‘gE of any condo changes. However, if a similar condo is not available our guest will be provided with other options. Non-Smoking Condo: Smoking is NOT PERMITED inside any of the properties. If smoking is believed to have taken place inside the condo, guest will be charged for a thorough cleaning and air purification process. This service may cost $300 to cover damages, labor, and equipment rental fees. The cost of the service will be deducted from the deposit. Oceapancy of Condo: All condos booked have a maximum spect capacy of adults and/or children. The confirmation will have the confirmed number of guest for a specific condo. Additional guest over the confirmed number of guest up to the condos maximum capacity will be charged $50/night. A rolling bed may be request for a $30 fee. Any changes in occupancy most be requested and subject to approval. Once approved, a new confirmation will be emailed with the new occupancy requirements. Condo Keys, Remotes, and Parking Decals: Guest will be provided keys to the premises. The keys will include a master key (or remote) to enter the building and access the buildings amenities. Guest may also be provided with a remote to access the self parking garage and a parking decal to past on vehicle. Guests agree to refurn items in working conditions or to be charged in accordance with the cost schedule provided in the contract. In addition, a Jocksmith may. be required to change locks and other charges may also apply, Condo Lockout: If a guest is locked out of the premises a spare key may be available, i in most cases. However, should a spare key not be available, the guest will be required to secure a private locksmith to regaim entry at the guest's sole expense. Lost and Found Policy: Any items left imside the condo after check-out is NOT our responsibility. We will do our best to find and return any item(s) which were lift or misplaced inside the condo. If need be, as a courtesy, the items may be shipped to an address provided at the renters request. Any retumed items will incur shipping and handling charges and a $30 convenience charge. : Condo Association Rules: Guests are expected to follow all the Condo Association Rules and agree to all the Terms and Conditions. Guests who do NOT follow the Condo Association Rules may be asked to vacate the condo by the condo association or by us. Ifare asked to vacate the condo any unused portion of the rent already paid will be not be reimbursed and deposit will be refunded pending review of the condo for potential items missing or damaged. Any guests who do not agree to our terms and conditions at check-in will cancel the booking and thus will not have the deposit refunded. Notice To All Guests: It is hereby acknowledged that the owner and/or booking agent are renting you the condominiums or villa “As Is”. No Insurance Provided: There Is No Insurance of Any King Provided by Us or the owner. Guest are responsibic for obtaining their own insurance and agree NOT to hold the owner, our company, booking agent and/or condo association responsible for any potential injury, accident, or iliness sustained by any guest while renting the specified unit, on or off, the premises. The Terms and Conditions ineinde the following: Booking Deposits, Security Deposits, Damages or Missing Items, Frivolous Chargeback’s, Cancellations or No-Show, Booking Policy, Confirmations, Check-In, Cleaning, Passover Preparation Service and Cleaning Package, Parking, Rent, Method of Payment, Check-Out, Early Check-in or late Check out, Condo Changes, Non-Smoking Condo, Occupancy of Cando, Condo Keys and Remotes, Condo Lockout, Lost and Found Policy, Condo Association Rules, Notice To All Guests, and No Insurance Provided. . Understand. sic Ag: o% 05 21 09 07:45a Antonia Guia 305 8675209 Confrmsha: 216 Security Deposit Form Jnstructions: Provide a copy of a valid government issued photo ID (Drivers License, State 1D, Passport), Read the “ Security Deposit Terms and Conditions” and authorize us to use your credit card as a security deposit by signing on the line below (Renter’s Signature). Security Deposit: Paid via Visa, Master Card or American Express. te eee, ! i , ! -_ : , i ; Meee ee nn a Security Deposit Terms and Conditions Booking Deposits: Once the condo is inspected, the booking deposit will be reimbursed after check-out and the condo is cleaned. It may take up to 7 working days to receive the deposit. Any damages or missing items will be deducted from the booking deposit. You will be notified immediately of any issues involving the return of the deposit. In the event of a cancellation the booking deposit is non-refundable. Security Deposit: In the event that the damages or missing items exceed the booking deposit, the renter’s credit card on file will be charged to cover any and al] damages or missing items. Ihave read, understand and agree to all the “Security Deposit Terms and Conditio: Beach to charge my credit card for any damages or missing items. 05 21 09 07:45a Antonia Guia 305 8675209 Canlumaiion ang Rents! Agresnient Check-Out Check list Instructions: Follow the following steps when checking out. Check out time is 10:00 AM. if available, you may request to have late check out. Late check out is 12:00 PM. If available, you may also request your stay to be extended till 5:00 PM for half night’s rate or request additional nights. Any changes call 786.543.2959. Self walk through: Seif inspection of the condo and report any damages or missing items. Check-out condo condition: All trash removed and condo returned as found. Check out: Call 786.543.295 to report any damages or missing items. Lock condo on way out. Guest choosing to leave keys in condo will be responsible if lost. Guest staying at Akoya most return keys in person, no exception. Return keys as instructed or in person at our office at The Pavilion, Suite PH 4. Keys Building Access Transmitters Garage Remotes Parking Decals I hope you had an amazing experience while in Miami Beach and tell all you friends and family about our vacation rentals. See you back soon. Thanks again, Yadel Guia Co-Founder and President

Docket for Case No: 10-009616PL

Issue Date	Proceedings
Feb. 25, 2011	Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits to the agency.
Feb. 22, 2011	Order Closing File. CASE CLOSED.
Feb. 18, 2011	Motion to Relinquish Jurisdiction filed.
Feb. 17, 2011	Amended Notice of Hearing by Video Teleconference (hearing set for February 25, 2011; 1:00 p.m.; Miami and Tallahassee, FL; amended as to Starting Time).
Jan. 11, 2011	Notice of Appearance and Substitution of Counsel (filed by N. McLaren).
Dec. 09, 2010	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 25, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Dec. 02, 2010	Motion to Continue and Re-Schedule Formal Hearing filed.
Nov. 24, 2010	Second Motion to Move Final Hearing Date filed.
Nov. 22, 2010	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 27, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 18, 2010	Petitioner's Notice of Filing Petitioner's Exhibits (exhibits not available for viewing).
Nov. 17, 2010	Motion to Move Final Hearing Date filed.
Nov. 15, 2010	Notice of Filing of Witness List.
Nov. 15, 2010	Petitioner's Notice of Filing Petitioner's Exhibits (exhibits not attached).
Nov. 08, 2010	Order of Pre-hearing Instructions.
Nov. 08, 2010	Notice of Hearing by Video Teleconference (hearing set for December 2, 2010; 1:00 p.m.; Miami and Tallahassee, FL).
Oct. 28, 2010	Unilateral Response to Initial Order filed.
Oct. 13, 2010	Initial Order.
Oct. 12, 2010	Administrative Complaint filed.
Oct. 12, 2010	Notice of Appearance, Answer, Request for Investigative File and Request for a Formal Hearing filed.
Oct. 12, 2010	Agency referral filed.