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Minutes 02-07-23 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, February 7, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Angela Cruz Sean Swartz, Assistant City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:03 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Tim McNeil, St. John Missionary Baptist Church Invocation was given by Pastor Tim McNeil. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin Commissioner Turkin led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin requested to add the following to Future Agenda Items: Staff to research reducing or waiver the arts impact fee for small businesses; changing minimum requirements for traffic studies; update for speedbumps for multiple locations; proposed business where the old Toys R Us was located; efforts to bring more jobs to the City. Commissioner Kelley requested to add an EcoPark update to Future Agenda Items. Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 A. Informational items by the Members of the City Commission. Vice Mayor Cruz and Commissioners Kelley and Turkin had no disclosures. Commissioner Hay disclosed that he attended the opening of the Neuro Behavioral Hospital, Kinetic Arts exhibits, and the First Friday Concert. He stated that he also attended a community discussion at Sara Sims park. He acknowledged Black History Month and provided historical background. He encouraged everyone to celebrate Black History Month. Mayor Penserga acknowledged Glenn Weiss, his team, and the Arts Advisory Board for making the Kinetic Arts Event a success. He said that a local business owner shared that they had their highest-grossing day, due to the event. He announced that the Youth Enrichment Association for Academics and Athletics and has been awarded a $250K grant for athletic field refurbishments, which will be a part of a park improvement project. 3. Announcements, Community and Special Events And Presentations A. Mayor and Commission to recognize the Boynton Beach Bulldogs 11U Youth Tackle Football Team for winning the Battle Youth National Championship and the 7U Cheerleaders for winning first place in the Grand Championship at the American Youth League Cheer Competition. Mayor Penserga recognized the Boynton Beach Bulldogs 11U Youth Tackle Football Team and 7U Cheerleaders. Coach Max Elwell said that he appreciated what the City has done to help the Bulldogs. Coach Arius Constant acknowledged the players and noted how hard they work. He encouraged everyone to come out and watch a game. Commissioner Hay congratulated the Bulldogs and stated that he has been to many of the games. He said that he used to coach the Rams and that they are doing an excellent job working with the kids. B. Mayor and Commission to recognize the Boynton Beach Fire Fighters who won first place in the Rapid Intervention Team Competition at the Fire Rescue East Conference in Daytona in January 2023. Mayor Penserga recognized the Boynton Beach Fire Fighters for winning first place in the Rapid Intervention Team Competition at the Fire Rescue East Conference in Daytona. He named the members of the team. Chief Bruder stated that the blessing is seeing men and women, who risk their lives every 2 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 day, out in their community doing more than what is required. Chief Oxendine thanked the City for congratulating them, and he explained what the competition is, and what they go through. He said that to win something like this is a testament of the training that they do across the department. He read a report of what happened to a Fire Fighter that they honored, because he passed away while on the job. C. Mayor and Commission to recognize Alpha Kappa Alpha Sorority, Inc. Xi Pi Omega Chapter for 40 years of dedicated service within the City of Boynton Beach community. Commissioner Hay recognized the Alpha Kappa Alpha Sorority, Inc. Xi Pi Omega Chapter. The Commission presented the certificate to the Chapter. Duan Jackson Clayton thanked the Commission for the recognition and gave a history of their Chapter. She announced different events that they assist with and mentioned an upcoming awards event. D. Hear State of Education report from District 4 School Board Member Erica Whitfield and Edwin Ferguson. Ms. Whitfield presented her State of Education Report and discussed the following: their mission; core belief; score increases and decrease for schools in Boynton Beach; impacted school subjects such as science; decrease in school suspensions; advanced placement; and mental health impacts. Mr. Ferguson stated that Boynton Beach was one of the highest cities that voted for him. He thanked the Commissioners for their$100K to each school, and said that they will have a plan ahead of time for spending that money. He spoke about the different subjects passing rates in schools either decreasing or increasing; and the different schools scores and their increase in performances. He spoke about enhancing their security measures in the schools. Ms. Whitfield asked that the Commission come and be recognized at a School Board Meeting. Commissioner Kelley thanked them for coming and asked about the status of ensuring that there is access to the internet. Ms. Whitfield thanked the City for giving money towards helping out with increasing internet in the City. She explained what the money is being used towards to increase the internet access. Commissioner Turkin stated that he would like to sit with Mr. Ferguson about the Forest Park Elementary School. 3 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Commissioner Hay asked what challenges the school board is seeing. Ms. Whitfield spoke about Boynton Beach High School and people not wanting to go there. She noted that there is more work that needs to be done for this school. Commissioner Hay spoke about marketing what the schools in the area have, such as the planetarium. Mr. Ferguson stated that this district must be competitive, so the schools must prove what they offer. He spoke about needing more help with students to be kindergarten ready, so they can be ahead of the curve. He said that he would like to have more collaboration with the municipalities to help with this. Mayor Penserga stated that there are a lot of low income and homeless children and asked what the school district is doing to help those students. Ms. Whitfield explained what they do to help the homeless students. She mentioned the different employees who are helping out with the homeless children. She spoke about the emergency housing in the community and the number of kids that are living in vehicles. Mr. Ferguson spoke about a meeting that they will be having to discuss the topic. He congratulated Ms. Nancy Robinson, Principal at Forest Park Elementary School, on her upcoming retirement. E. Proclaim February 11-17, 2022, as 2-1-1 Awareness Week. Donald Earl, 211's Director of Operations, will be accepting the proclamation. Mayor Penserga read the proclamation into the record. Mr. Earl accepted the proclamation. He stated that 211 is the only helpline that is 24/7. He explained what 211 assists with, and how many Boynton Beach residents they have helped out. F. Announce the last Oceanfront Bark of the 2022-2023 season. The event is being held on Saturday, February 18, 2023, from 9:00 AM to 12:00 PM, at Oceanfront Park located at 6415 N. Ocean Blvd. This is a free event for all well behaved, licensed dogs and their owners to "paw-ty" on the beach. Dogs will be allowed off leash in a designated fenced area. Parking is free during Oceanfront Bark for all beach patrons from 9:00 AM to 12:00 PM. Mayor Penserga announced the last Oceanfront Bark Event. G. Announce the 2023 Joe DiMaggio Children's Health Specialty Center "Magic Wheels" and Special Deals Inclusion Resource Fair on Friday, February 10th 4 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 from 5:00 PM to 8:00 PM at the Boynton Beach Arts & Cultural Center located at 125 E. Ocean Avenue. This is a free event for the entire family with inclusion resource information, vendors, music, performances, and the "Magic Wheels" unveiling. This year's recipient is 11-year-old Giovanni and the theme of the Magic Wheel will be unveiled at the event. On Saturday, February 11 at 7:30 AM, the Greater Boynton Beach Foundation will host the 11th Annual Barrier Free 5K at Barrier Free Park located at 3111 S. Congress Avenue. For more information please visit http://barrierfree5k.pbrace.com/ Mayor Penserga announced the 2023 Joe DiMaggio Children's Health Specialty Center "Magic Wheels" and Special Deals Inclusion Resource Fair. H. Announce the Gold Coast Band's "Music Making America" concert at First Baptist Church located at 301 North Seacrest Blvd. on Sunday, February 19, 2023 at 3:00 PM. Admission is $10.00 for adults and free for children 12 and under. Tickets are available to purchase online at www.goldcoastband.org or at the door on the day of the concert. Mayor Penserga announced the Gold Coast Band's "Music Making America" concert at First Baptist Church. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Penserga stated that if residents are here to speak on the three ordinances, there are no public comments at that time, so they could use this time to speak on it, and will have the chance to speak on it at second reading. Susan Oyer stated that she is looking forward to getting input on the White Roof Project. She spoke about changing the street names, especially where there are multiple similar street names. Karen Ho stated that her commercial house was stolen from her by the City of Boynton Beach. She read from a transcript regarding the case, and spoke about the history of her problem. Harry Woodworth stated that he went to the P&D Meeting last night and said that it is a professionally run meeting. He mentioned that there were a lot of presentations last night. He spoke about the giant housing project being proposed in downtown and said that is not what this City was looking for originally in a town square. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Marsha Levine thanked everyone that attends the meetings. She said that she is here to represent the Senior Advisory Board (SAB), and she stated what their mission is. She mentioned that they are a small and mighty board, and spoke about their Senior Resource List. Thomas Thebo, AKA Nature, displayed proposals to the dais. He spoke about being in harmony with nature. He proposed a design for all of mankind. Sandra Watson, Chair of SAB, spoke about the collaboration between SAB and the Delray Beach Art Garage. She described the process of free tickets she has for seniors in the City. Robert Cannon spoke about Boynton Beach improving and it still being a livable City. He asked the Commission not to make things worse and noted that they do not need to accept the downtown proposals, because it will make it an unlivable City. Linda Dixon stated that she is here on behalf of the Girl Scouts Troop 25514, and they are asking for a donation. The group of girls spoke about what the donation will help out with. They said that they would like to donate girl scout cookies to non-profit organization, to send out in care packages. Mayor Penserga asked that they leave their contact information with Eleanor. Vice Mayor Cruz said that she is proud of the girls, and she would like to provide some community support funds towards the girls, and they will do what they can to support them. Steve Overture spoke about developments that were built in the past, and about density and height of buildings. Cindy Falco Di Corrado stated that she was called a name last week and that it should have been addressed. She showed a symbol and said that she wants that painted on the road, and explained what it means. She asked for her religion to be respected and asked how she can get her project done. She spoke about the LGBTQ+ flag on the road and how much has been spent on that flag. She referenced the minutes and said that there is information missing. Neil Richardson stated that he has been waiting patiently for Boynton Beach to figure out what to build on this property. He said that the residents of SE 2nd Avenue are disappointed and they need to figure out what they are going to do. Barbara Ready stated that she chairs the Historic Resources Preservation Board (NRPB) and she is the First Vice President and Programming Chair of the Historical Society and spoke about a program coming up regarding Florida's underground railroad. She said that she is concerned about the development that is being proposed for the downtown. She commented that we do not need apartments, because people are not going to come here for that. 6 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Mark Myer stated that he is the President of Inca and spoke about the reduced frontage changes and inconsistencies. He spoke about the workforce housing amendment concerns too. Bradley Miller, Urban Design Studio, representing Time Equities, stated that from the commercial standpoint, they have listened, heard, talked, and they have already started talking about increasing to 70% commercial space through their plans. He stated that it is going from 62 units per acre to 62.5 units per acre. He said that staff is doing a wonderful job with workforce housing. Robert Singer, with Time Equities, spoke about workforce housing and their proposal. He said that they hear the residents and Commission and they want to deliver what the City wants. He mentioned that they will be forced to reduce their residential units on the ground floor. He commented that two of the ordinances are important, for the deal they currently have. Ernest Mignoli stated that he thinks that they are going to lose their building and the building next door because of the code violations. He said that the City does not do anything about it. He talked about the Special Magistrate meetings. He said that there are two cases against him, and about employees making complaints about him. No virtual comments. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Motion: Vice Mayor Cruz moved to table the Senior Advisory Board appointment. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Penserga mentioned the openings in different Boards that are available. Commissioner Turkin stated that we should not delay appointing someone because of political reasons. He asked for the Clerk's Office to check if there is another position available, because it was announced at last night's P&D Meeting that someone resigned. Assistant City Attorney Sean Swartz said that if a resignation of a position is confirmed then the position would be available. City Clerk De Jesus further explained the resignation process. Motion: Commissioner Turkin moved to appoint William Cwynar to the Alternate position on the 7 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Planning and Development Board. Commissioner Kelley seconded the motion. The motion passed unanimously. B. Continue discussion on rescheduling the Tuesday, March 7, 2023 Commission Meeting to Thursday, March 9, 2023 due to a scheduling conflict with Palm Beach County Days taking place March 7-8, 2023. Motion: Commissioner Hay moved to reschedule the Tuesday, March 7, 2023 Commission Meeting to Thursday, March 9, 2023. Commissioner Turkin seconded the motion. City Manager Dugger stated that you usually get a day prior and after for travel. He stated another alternate date is March 131h but noted that the City Clerk will have an early day the next day, due to the election. Mayor Penserga said that it is impractical to reschedule to March 13th since there are two people on the Board that are up for election. Motion: Commissioner Hay motioned to change the Tuesday, March 7, 2023 Commission Meeting to Thursday, March 9, 2023. Commissioner Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R23-013 - Amend the FY 2022-2023 budget to adjust budgeted appropriations and revenue sources in order to revise the spending authority for the General Fund Special Events, Marketing Department and Public Information Department into three separate divisions, and the Building Fund (130) will also be amended for procurement of additional vehicles. B. Proposed Resolution No. R23-014- Approve and authorize the City Manager to sign the Urban Search and Rescue grant agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant. C. Proposed Resolution No. R23-015 - Authorize the City Manager to sign Agreement with Property Registration Champions, LLC., dba PROCHAMPS for registration and monitoring services based on the Request for Quote No. DEV23-021R Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. D. Approve the purchase of site furnishings for Ocean Front Park from Upbeat Site Furnishings, an Anova Company, as a sole source vendor. The estimated expenditure is $67,143.96. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 E. Legal Expenses - December 2022 - Information at the request of the City Commission. No action required. F. Approve change orders to purchase 2023 vehicles from Duval Ford. These purchases were previously approved by Commission for the purchase of 2022 model vehicles that have been discontinued. G. Approve minutes from the January 17, 2023 City Commission Meeting. Motion: Vice Mayor Cruz moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-016- Approve utilizing GSA contract GS- 07F-173GA and Authorize the City Manager to sign an agreement with Broadcast Systems Inc of Pompano Beach, FL. for the purchase of IT services for support and maintenance for Citywide cameras, access control, Real Time Crime Center technology and Fire Station 2, 3, 4, 5 - Cameras CIP Project from Broadcast Systems, in the amount of up to $211,635.00. B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 7, 2023- "Request for Extensions and/or Piggybacks." Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing-None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report- None 10. Unfinished Business- None 11. New Business 9 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 A. Consider the recommendation from the Recreation & Parks Advisory Board to rename the Boynton Beach Tennis Center to the Boynton Beach Tennis and Pickleball Center in order to highlight the addition of six permanent pickleball courts installed at the Tennis Center. Kacy Young, Recreation and Parks Director, gave an overview of the ordinance regarding renaming City facilities. He explained why they would like to change the name to what is being presented. Motion: Commissioner Hay moved to approve the renaming of the Boynton Beach Tennis Center to the Boynton Beach Tennis and Pickleball Center. Vice Mayor Cruz seconded the motion. Vice Mayor Cruz asked for an update of what happened to the courts and what was spent to update these courts. She asked if they have a new date for the ribbon cutting ceremony. Mr. Young explained what they did to change the courts over to the pickleball courts. He said that they are looking at March 4, 2023 for the ribbon cutting. Commissioner Kelley asked about the process to rename the center, what needs to be changed and the cost. Mr. Young said that the first step was consensus from the Commission, then getting the word out on social media, and then they will work on changing signage. Mayor Penserga asked Mr. Young if he will come back with more information about the changes. Mr. Young responded yes. In a roll call vote, the motion passed unanimously. Commissioner Turkin requested a 5-minute recess at 8:16 PM. The meeting reconvened at 8:21 PM. 12. Legal A. Proposed Ordinance No. 23-001 - First Reading - Approve modifications to the existing methodology for the Payment in Lieu of Workforce Housing Units program; to include an FAR bonus; and to clarify the receiving areas for height, FAR, and density bonuses (CDRV 23-001) by amending LAND DEVELOPMENT REGULATIONS, Chapter 1 . Art II. Sec 2.C.11. In-Lieu and Off-Site Options (related to the Workforce Housing Program). 10 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Attorney City Attorney Swartz read the ordinance into the record. Ms. Amanda Radigan, Director of Planning and Zoning, spoke about the Workforce Housing Payment in Lieu Amendment as follows: current workforce housing program; challenges & proposed amendments; and questions. Mayor Penserga stated that what he has heard so far is what he would support. He spoke about the sliding scale. Commissioner Hay stated that he is happy that the FAR went up only .5, not 50%. He said that he does support this, because they do need more workforce housing. Ms. Radigan said that they are using the County's AMI and said that it is industry standards to do so. Vice Mayor Cruz spoke about revamping this program, because it is not successful. She asked what the current amount of money is in that fund. Ms. Radigan said the last she heard, it was between $70K-100K, but she can get the information. Vice Mayor Cruz said that with $90K you cannot purchase property. She asked if this is passed, that they are not actually building properties. Ms. Radigan said that these funds could be used for whatever they want, such as purchasing a property, etc. Vice Mayor Cruz spoke about new language that is being proposed. Ms. Radigan stated that this is not new, it is being reiterated. Vice Mayor Cruz stated that in general, the Board needs to focus on the actual problem. She asked how do we determine when a unit gets more density. Ms. Radigan clarified that it is not part of this program and does not affect this ordinance. She explained the density code. There was discussion regarding density. Commissioner Turkin thanked Staff for working on this project. He said that this is a conversation that we need to go more in depth with. Ms. Radigan spoke about grants that can help with building more properties. She explained the additional .5 FAR. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Commissioner Turkin spoke about discouraging density. Mayor Penserga spoke about recognizing, protecting, and preserving our current affordable housing stock. Commissioner Kelley asked how we have a Comp plan that does not match our LDR. Ms. Radigan explained the difference and said that it is designed that way. Commissioner Kelley spoke about bringing in funding to the City that would be beneficial. She spoke about figuring out what is working and what is not working. Ms. Radigan spoke about doing a workshop, because there is a lot of information, and it is complex. She spoke about having an increase on the in-lieu of fee. There was further discussion regarding the in-lieu of fee. Commissioner Hay asked to allow public comment on this item. Mayor Penserga stated that he would rather stick to the rules. Commissioner Turkin supported Commissioner Hay. Mayor Penserga said there are not enough votes to open public comment and there will be more times for them to speak. He noted they had a chance to speak earlier as well. Motion: Commissioner Hay moved to approve Ordinance No. 23-001 . Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 23-002 - First Reading - Approve modifications (CDRV 23-002) amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, to modify requirements for commercial frontage within the Boynton Beach Boulevard Overlay. Assistant City Attorney Swartz read the ordinance into the record. Ms. Radigan spoke about the following: overview and current conditions; proposed amendments; and questions. Commissioner Turkin stated that he is not a fan of reducing the commercial frontage. He said that the practical approach is to switch the percentages, which would make sense. He mentioned that he would not support what is in front of him right now. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 Ms. Radigan spoke about the zoning in the area that they are speaking about. Vice Mayor Cruz stated that she opposes this. She spoke about prioritizing the downtown core and keeping their dollars here. Commissioner Hay asked about the pedestrian zone. Ms. Radigan responded that they are measured from the back of curb and are required. Commissioner Hay stated that he initially thought about changing it past Seacrest and said he would support leaving it at 70% commercial and 30% active. Commissioner Kelley said that it is too soon to make changes. Commissioner Hay asked if the sidewalks are being widen. Ms. Radigan stated as far as a different ordinance there is a different requirement, but they are not being changed for this. Vice Mayor Cruz asked if sidewalk sizes changes. Ms. Radigan stated yes, depending on the areas, and she explained what the zones are and what the sidewalk requirements are for the respective areas. Commissioner Turkin stated that he would like to see the options for this area. Ms. Radigan clarified what this ordinance is proposing to change. There was further discussion regarding sidewalks. Mayor Penserga said that he will not support this ordinance. He spoke about being practical with the amendments. Vice Mayor Cruz spoke about a survey that was done last year and the response was that the residents want more restaurants and retail. There was discussion regarding uses of the spaces in the downtown; Boynton Beach Boulevard being a hurricane evacuation route; quantifiable percentage being the same; pedestrian zone requirements; and flexibility. Motion: Vice Mayor Cruz moved to approve Ordinance No. 23-002. Commissioner Kelley seconded the motion. In a roll call vote, the motion did not pass (0-5). 13 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 C. Proposed Ordinance No. 23-003 - First Reading- Approve modifications (CDRV 23-003) amending the LAND DEVELOPMENT REGULATIONS, Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. Standard Applications, to establish a process for proposed Development Agreements. Assistant City Attorney Swartz read the ordinance by title. Ms. Radigan spoke about the following: overview; proposed amendments; and questions. Commissioner Turkin asked if this is only for sites with 15 acres+. Ms. Radigan responded yes and mentioned the eligible properties. Commissioner Turkin stated that he does not see an issue with this. Vice Mayor Cruz asked if it is possible for a 15+ acre property to not secure a building permit for 6 years. Ms. Radigan responded no and explained the requirements. Commissioner Hay said that he will support this item. Motion: Commissioner Kelley moved to approve Ordinance No. 23-003. Commissioner Hay seconded the motion. Vice Cruz asked about line #4 and for legal clarification. She recommended adding to language "up to 72 months" to secure a building permit for vertical construction. Ms. Radigan clarified the code currently includes that language within the actual standards. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Approval of Variance (ZNCV 23-002) of Part III, Chapter 4, Article II, Section 4.B.3.c — Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot tall masonry wall. - Tabled until February 21, 2023 B. Continued discussion regarding a potential park in Leisureville and 14 Meeting Minutes City Commission Meeting Boynton Beach, FL February 7, 2023 creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. — TBD C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga — TBD D. Continue discussion on adding a new sister city, requested by Commissioner Turkin — TBD E. Consider revised local rules for approval. -TBD F. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin — TBD G. Review Advisory Board Ordinance, requested by Commissioner Kelley. — TBD H. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD I. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD Adjournment Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:31 PM. CITY OF BOYNTON BEACH ATTEST: ,:"0�WON`. Lir/ itt./ r.z. % t SEAL Mayle - Jesus, M City Cle • , FLOR\& 15 ri + 0101.111r:Q.....riLL icts(sft Die D 0 0 D dici° a D + I‘ ...._ 1 . . I By Troop 24514 „ . , , , 9 .. , .„,„.„.„. • •••• 1 • .16 ` 1 - - ....."'" .......~.-...,,•-••-"- What Does Being A Girl Scout M n? .• G Being a Go-Getter means someone who is determined to be successful , and deal with new or difficult situations easily. For example, standing in front of you today. Go A(>, Being an Innovator is creating new methods, ideas, or products. For � 13 example, by coming up with new methods to sell Girl Scout cookies . . • . Being a Risk-Taker means taking new risks even if you are scared. For R example this year as a troop we went to camporee, and had to sleep out %.11 night with tents instead of cabins. L Being a Leader is a person who leads or commands a group, organization, or country. For example, we help the our younger scout sisters in our troop at Girl Scout meetings. How Will the Funds Help ourTroop? • The national convention is weekend long workshop where girl scouts come from all around the world to gain inspirational tools to help empower oursleves to be leaders National Convention and promote change in our communities • This also adds not just to our national impact for our troop but an international exposure due to Girl troops and guides throughout the world visiting also • It is right in our backyard it would be sad if our troop could not attend • Last convention held in Florida was in 1975 thats longer than we've been alive • $300 plus per girl scout and our troop has 25 girls with a balance of $7500 • It would be an honor to represent Boynton Beach at the girl scout convention as one of the most diverse and largest troops in South Florida. • The birthplace of Girl Scouting Trip to Savannah Georgia We have 2 Ambassador level girl scouts in our troop, and they would love to have the opportunity to visit the birthplace of the organization they have been contributing to for parts of their lives • We would like to show our appreciation by using some of these requested funds to Military Cookies provide girl scout cookies to our local VA and Troops overseas. 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" • 9/8/22,9:48 AM What's in a Street Name?A Key to Home Values I Florida Realtors "This group likely included some seriously expensive outliers, like Beverly Hills, Calif., a city boasting homes worth $30 million and above," Cinch said in commentary accompanying the list. It said Beverly Hills holds the record for the most expensive house ever sold at auction - $165 million in 2021. 'Third' places second The word 'Third"took second place (excuse the pun), with homes having that name in the address posting an average value of$2.1 million. "Brickell"was third, also with an average value of$2.1 million. Brickell Avenue is one of the most expensive streets in Miami. "Bayshore"was fourth at $2 million, and "Island" was fifth at $1.9 million. Other water- oriented names that fared well were "Lakeside," seventh at $1 .8 million; "Ocean," ninth at $1.7 million; and "Pacific," 10th at $1 .6 million. Properties near a clean (or even dirty) body of water, of course, are often the most expensive. Names by median income Cinch also ranked the names of neighborhoods associated with the highest median incomes. No. 1 was "Boca" at $72,500. That presumably includes the tony Boca Raton, Fla. "Woodlands" was second at $70,800. That presumably includes upscale Woodlands, Texas. "Legacy"was third at $67,100. "San"was fourth at $66,200. That presumably includes San Francisco and San Jose, Calif. Huntington was fifth at $65,200. That presumably includes Huntington Beach, Calif. Streets by time on the market Cinch also rated street names by homes that spent the least amount of time on the market before changing hands. "Fauntleroy" topped the list at 23 days. "Fauntleroy" comes from old French and means "son of the king." So perhaps these homes have a patina of royalty. "Avalon' placed second at 30 days. "Dawson" was third, also at 30 days; "Ivy"was fourth, also at 30 days; and "Residence"was fifth at 32 days. The worst homes to sell were on Timber Street. That took 410 days. Knoll was the second worst at 382 days. © Copyright 2022 Jackson Progress-Argus. All rights reserved. https://www.florid a realtors.org/news-med ia/news-a rticles/2022/09/whats-street-na me-key-home-va lues?utm_campaign=9-08-22+Florida+Realtors+Ne... 2/3 9/8/22,9:48 AM What's in a Street Name?A Key to Home Values I Florida Realtors , HoridaReaItors (/) The Voice for Real Estate'in Florida NEWS & MEDIA • • • • P • • •�� a� • moodboa SEPTEMBER 7, 2022 What's in a Street Name? A Key to Home Values By Dan Weil Homes are more expensive along streets with the words Beverly, Third, Brickell, Bayshore or Island. But Timber or Knoll street homes took longer to sell. JACKSON, Ga. - Some street and neighborhood names are more associated with expensive homes than other names. "What's in a name?" Shakespeare wrote in "Romeo &Juliet."'That which we call a rose by any other name would smell as sweet." In the U.S. housing market, some street and neighborhood names are sweeter than others in terms of being associated with expensive homes. Cinch Home Services, a home warranty seller, constructed a list of neighborhood and street names that are host to the most expensive homes in the country. It used data from the Census Bureau and real estate brokerage Redfin. Addresses with "Beverly" in the name easily topped the list, posting an average home value of$4.3 million. https://www.floridarealtors.org/news-med ia/news-articles/2022/09/whats-street-name-key-home-va lues?utm_campaign=9-08-22+Florida+Realtors+Ne... 1/3 ct," !! , • ry-:,, . , e , 1,-- • 7 * c I c' 'A•-• * .-•Y.......t. . . .- •'-',A., , .-,• ' ' ... i‘r • , .. . ' .. . ..- • , •4 . N • 4 A . ... . Wit- • .. . •4. * 4•4 4 t't . . .. t• • t ' "t• • •• . rot,'-. .. . , -4.,%. • , S . , #7. ..,r, • It d . • .. ,.- -. 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'` " ' • $ - , . . : . ,..? k * . !Ai' , ., •. • ip , /)(A 0 D e Vi\-\ J,,,,)-(kvaao OD U10 Q,- -P(Dkja0Q 6 N # P) cfw}� S -Vy jcv) 7)-Wk )91-1Z- -0r) )vw0g \ 444111 16 sue 11:22 up 4:6 yet 6:15,16 suite 2:3099 us 5:23 8:9 your 3:3,10,11,24 summary 4:18 use 11:21 4:13 5:21 6:18 6:12 8:21 9:8 (4) using 7:1 7:20 8:16 9:14,21 take 10:7 versus 4:8 10:12,20 11:12,18 talking 9:11 very 9:7 11:24 12:3 (16) tenancy 11:8 via 22 2:5,14 yourself 11:13 tenant 7:21,23 victoria 13:6,17 zoom 2:5 tenants 4:10 11:8 v 207 8:2 than 7:8 id 910 9 12:7 thank 3:20 4:16 eoco 1983 11:21 8:20 11:24,25 nference 11,23 2022 12,25 12:3 (6) 2:14 3:1 (4) 4:17,19 13:1 1 (5) that's 4:7 6:8 violating 6:23 4230 8:14:111"\r' 7:19,20 (4) vs 6 9174 7:17,25 8:3 their 4:3 5:12,14 want 10:4,21 33472 2:8 8:1 9:19,24 (5) we're 4:11 6:8 72023 13:19 (4'°N.' them 4:1 5:12,14 we've 10:2 338908 7:8,10 10:3 week 11:3 13:338908 11:20,22 (8) went 5:15 6:14 333084348 2:3 there's 7:4 8:24 7:14,14 (4) p` 11:11 west 11,23 they're 9:4,25 wh561@yahooco •'* thief 7:1 m 2:941Sc things 11:10 what's 7:17 think 11:13 whatever 6:19 those 10:24 when 5:7 6:22 threeday 9:13 7:9 through 5:7 6:14 whereupon 3:1,„ 10:21 12:6 time 3:25 5:1 9:5 which 4:24 5:5 11:1,19 (5) 9:15 tiny 7:16,16 while 6:10 title 4:22 5:4 6:1 who 8:3 8:8,9 9:12 (6) whole 7:2 today 6:9,19 why 6:8 7:3,22 told 7:8 11:5,5 (5) transcript 13:8 will 11:19 tried 5:11 10:3 wing 7 2:7 true 13:8 3:17,17,18 4:3,9 try 7:2 (7) twentyone 12:2 without 5:6 6:12 two 6:22 8:22 understand 5:21 worth 7:8 understood writ 4:12 5:3,25 5:2,18,24 10:16 united 6:23 11:15 (6) unknown 4:10 yes 3:19 4:13 7:23 8:16,19 9:25 12:3 unrelated 5.8 9:6 (6) Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 15 9:10 know 6:3,6,8,23 needelman 2:4 10:17 11:15 (7) (5) 10:6,9,20,21,24 7:22 (5) 3:3,4 4:13,16 possessions 11:6 s 2:4 11:3,19 (37) knowledge 5:6 8:16,20,25 9:21,24 presence 8:22 safe 8:12 ho's 5:8 last 11:3 10:12,18 11:25 present 3:7 6:13 said 4:2 5:25 home 7:19,20,21 lauderdale 2:3 12:3 (14) 8:22 sale 4:19 9:3 9:20,23 (5) law 7:1 neil 13:6,17 presiding 22 say 7:22 honor 3:3,10,24 lawsuit 7:10 9:6 never 9:3 privacy 11:22 saying 9:11,24 4:13 5:21 6:18 11:20 no 5 10:7,23 11:7 pro 2:6,7 se 2:6,7 8:16 9:14,21 learned 5:3 13:338908 (5) procedures 5:23 search 6:24 10:12,20 12:3 (12) legal 10:24 11:4 nor 10:19 proceed 4:14 secure 5:5 honorable 22 let 10:10 notary 13:18 proceeding 7:2 secured 5:20 6:7 horse 5:22 like 5:24 6:25 7:1 notes 13:9 proceedings 3:2 10:4 however 5:2 9:11 11:6 (5) nothing 9:16 12:6 13:8 see 7:12 i'll 10:7,11 live 2:9 7:24 notice 5:9,10,11 proof 9:14 seizure 6:24 I'm 3:15,25 8:25 lock 8:12 7:12,13 8:8 proper 5:23 sent 9:14 9:21 10:15 locks 5:5,16 6:6 9:10,13 (8) property 3:23 september 12,25 11:1,17 (7) look 10:8 now 5:15,16 4:5,20,20 13:11 i've 10:2 looking 10:15 number 4:10 8:2 5:4,15,19 6:7 7:2 served 10:18 inaudible 3:14 luis 22 o'clock 12:7 10:1,4'11:6,18` she 6:11,15,16,17 inc 8 made 9:7 objection 10:16 12:2 (14) 7:1,1 8:9,9,22 included 9:13 mail 8:3,9 11:11 provided 5:10 9:11 (10) indicated 4:4 mailing 9:15 obtain 6:12 public 13:18 shorthand 13:6 information 6:2 march 4:19 office 5:2 put 3:11 5:22 should 9:9 11:5 7:3 may 4:13 8:18 one 8:11 6:20 signature 13:17 inside 7:6,9 me 10:10,21 open 6: 17 quick 10:8 sir 3:11 9:19,22 (4) meant 5:4 6:1 our 5:2,6 7:7,19 read 10:10 so 4:2,11 5:19 into 3:25 8:25 mic 3:25 (4) "' reading 6:2 6:19 7:6,24 9:2,9 invasion 11:22 million 7:9 11:23 out 5:7 7:15 8:13 real 10:8 10:15 11:8,10,12 involved 7:4 mistakenly owner 3:22 4:4 receive 7:13 10:6 12:1 (13) is 3:8 4:3,3,4,24 5:3,16,25 paez 13:6,17 received 6:2 sold 4:21 5:5 6:7,10 7:8 more 7:4,8 page 11:7 10:13 some 11:10 8:12,14 9:6 10:19 morning 3:3 ,° palm recently 5:2 something 10:15 11:16,20,21 13:8 motion 4:12,18 2,7,10,1 1,23,23,2 record 3:12 9:8 sorry 3:15 9:21 (17) 5:1,10;17,24 6:5 4 4:9 13:4 (9) 13:9 sounded 9:11 issuance 4:23 8:13 9:3,5,17 part 10:19 recorded 6:20 speaking 3:25 issue 5:18 11:11( .10:13 11:15 12:1 parties 2:14 report 13:7 ss 13:3 issued 4:21 °--14) pay 6:17 reporter staff 5:3,25 its 5:17 ; ms 3:3,13,22 pending 4:25,25 3:9,10,15,24 11:1 state 13:3,18 judge 22 4: 4:13,16 6:10 6:8,11 (4) 13:6 (6) statement 8:21 11:4 (4 ~- 7:6,13,19,21,25 people 11:13 represent 11:13 states 6:23 judgment 8:5,7,16,20,25 physically 3:7 request 9:17 stay 9:3,5 4:18,23,24 6:12 9:10,21,24 place 7:15 requests 5:17 steal 7:2 8:11,21 9:9 (7) 10:9,12,18,20 plaintiff 5 2:5 3:4 required 5:9,10 stenographic judicial 1 11:19,25 12:3 (26) plaintiff's 10:16 reside 9:15 13:9 just 3:25 7:22 much 11:24 pleading 6:2 respond 8:18 stenographically 9:17 10:4 (4) municipal 4 pleadings 4:8 retrieve 5:12,14 13:7 karen 7 2:6 my 6:13 7:8 8:13 please 3:12 4:15 11:17 12:2 (4) still 9:22,25 3:13,21,22 4:3,8 13:9,19 (5) point 8:13 retrieving 10:3 stress 7:17 6:10 (8) name 3:11,15 possession right 4:11 8:14 stuff 7:7,8,22 keep 5.19 4:3,7 (4) 4.10,12 52,18,24 10:5 11:12 17.1 subject 4.70 Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 14 #3 8 24 2:8 3:5 4:8,9 city 3 3:4 dated 13:11 florida 2,11,24 $15 11:23 6:25 8:1,4 11:5 4:8,21,21 5:1,3,13, day 24 13:11 8:1 13:3,18 (6) & 2:2 13:4 (17) 15,16,19,22,25 days 11:17 12:2 following 3:1 20th 12,24 because 4:6 6:24 10:2 11:5,8 dca 6:16 foreclosure 4:19 22nd 13:11 7:3,15 8:11 10:9 (17) decided 5:1 8:11,17 2nd 4:17 11:3,11,20,22 (9) city's 4:11,18 defendant 9 foregoing 13:8 502019ca015764x before 22 5:22,23 11:15 defendants 3:6 fort 2:3 xxxmb 6 6:9 (4) clear 9:7 4:24 5:12 6:3 9:2 found 5:7 7:3,15 about 9:11 behalf 3:4 clerk 5:18 (5) fountains 7 4:9 abovestyled 21 being 11 :16 client 6:4 delgado 22 fourth 6:16,23 accusations 9:4 believe 3:6 come 5:23 deste 8:1 fraud 7:4 act 6:25 7:1 belonging 5:13 commercial didn't 6:17 further 9:16 action 5:8 6:3 10:1 2:3099 10:1 direct 5:18 'get 5:24 8:7,8,25 8:15,17 11:21 (5) belongings 5:14 commission direction 5:6 11:6 (5) address 9:19,25 13:338908,19 dismiss 8:13 gets 8:3 7:19,20,24 9:15 benefit 11 :14 common 7:1 docket 6:20,21 getting 8:10 (4) bengamin 4:4 complete 13:9 7:14 10:19(4) gg 13:338908 after 4:23 benjamin 4:6 concluded 12:6 doesn't 11:9 give 6:17 11:17 again 3:16 binder 9:14 condominium 8 dollars 7:9 go 5:4 6:1,12 against 7:10 boulevard 4:9 domain 6:11 10:21 (4) 11:20 2:3099 confirmed 6:4 done 7:3 going 8:25 11:17 agreement 11:8 boynton 3 2:8 3:5 10:2 doody 2:2 good 3:3 ahead 6:12 4:8 6:25 7:25 8:4 considered 9:9 `' drove 7:15 goren 2:2 yr already 6:23 7:8 11:5 (8) consulted 1144 during 11:19 grant 5:17 8:12 breaking 7:6 contacted 5:14 e 2:3099 granted 4:18 also 8:1 9:13 brief 5:8 6:15,16 continue 5:19 eleventh 6:14 9:18 11:16 12:1 11:4,9,21,21 (6) briefly 8:19 coordinate 5:11 eminent 6:11 (4) always 11:13 building 6:22 7:7 10:3 end 9:10 hafele 4:17 9:7 am 9,9 12:7 8:12 copy 11 :4 enter 6:22 hard 3:25 11:1 amendment 6:24 call 8:10 3m corporation 4 equity 8:15 has 5:13 6:7,15 another 7:16 called 4:6 10:16 correct 3:8 8:15 esq 2:4 having 3:25 6:1 anything 10:12 came 21 could 5:4 6:1 9:5 even 6:14 8:10 11:1,14 (4) appeal 4:25 can 3: 11 5:19 county 2,10,23,24 example 11 :7 hear 6:18 6:7,13 11:22 13:4 (5) expires 13:19 hearing 11,15,21 appealed 4:24 caption 4:7 court 1 2:9174 3: ezrol 2:2 4:1 6:13,18,19 appearances 2:1 cart 5:22 8,9,9,11,15,18,20, far 9:2 8:23 9:8 11:2 (10) appearing 2:14 case 5 6:10,17,18 24 4:2,15 5:17 february 4:17 heather 2:4 3:4 apply 11:9 9:7 1 1:9 (6) 6:11,14,15,18,19 7 federal 5:8 held 4:20 are 3:622,244:2 cause 21 :5,10,12,14,17,18, 6:3,11,14 7:9,10 her 8:22 6:24,25 9':19,22,24 certain 9:4 20,24,25 9:6 11 :9 (8) here 4:11 6:8 10:1,24 (11) certificate 8:8,9 8:1,3,4,6,14,19,24 fifteenth 1 him 11:2 asserting 9:4 9:12 13:1 (4) 9:19,22 file 5:1 his 3:15 attorney 2:5 certify 13:6 10:5,7,10,15,23 6:15,16,19 11:19 hneedelman@gor attorneys 11:14 change 5:5 11:1,12,24 12:1 (5) encherofcom 2:4 authorized 13:7 changed 5:16 6:6 (45) filed 5:9 6:4 7:9 ho 7,7 2:6,7 3:13, based 11:7 7: 11 courthouse 10,23 9:3,5 10:13 11:3 13,14,17,17,18,19, bases 10:24 cherof 2:2 courtroom 2:9 (7) 20,21,22,22 basis 11:5 chianti 2:9174 criminal 11:20 final 4:23,24 4:3,3,4,6,9,9 beach 7:18,25 8:4 (4) currently 4:25 first 6:1 6:10,10 2,3,7,10,11,23,24, circuit 1,1 6:15 date 5:11,13 fl 2.3,8 7:6,13,195 8.5,7 Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 13 1 CERTIFICATE 2 3 STATE OF FLORIDA : SS 4 COUNTY OF PALM BEACH ) 5 6 I, VICTORIA PAEZ NEIL, Shorthand Reporter, certify that 7 I was authorized to and did stenographically wr' `bt the 8 foregoing proceedings and that the transcript is a true 9 and complete record of my stenographic notes. 10 11 Dated this 22nd day of Septemberil 2022 . 12 13 .. 14 eSseN 15 16 17 VIC �RT'r�-PAEZ NEIL 18 Notary Public - State of Florida My Commission No . GG 338908 19 My Commission Expires : 7-20-23 20 e 2 22 23 24 25 .rarmuc.:wm-.wevramem mYxarsay .nmaw�: sc ->zn.•s..- _. .n...,:,.�:as+ zr.:.a„�s-.z -. Prestige Reporting Service, Inc. (954) 764-7297 info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 12 1 THE COURT : All right . So motion granted. 2 Twenty-one days to retrieve the property . 3 MS . NEEDELMAN: Yes, Your Honor . Thank 4 you . 5 - - - 6 (Whereupon, the proceedings were goncluded 7 at 9 : 10 o ' clock a .m. ) 8 9 COS 10 11 \-1) 12 ssv 13 14 15 16 17 18 19 20 21 22 \, 23 24 25 Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 11 1 COURT REPORTER: I 'm having a hard time 2 hearing him. 3 MR. HO: Because we filed it on last week 4 and also a copy to the Judge . It ' s all the legal 5 basis of why -- why City of Boynton Beach should 6 not get the possessions of the property . Like, 7 for example, based on the Page 3, we ha ' no �'F } 8 agreement with the City, tenants - t6nancy, so 9 that doesn ' t apply . And also the eceral case . rx 10 So some of the things th .t -- not the 11 issue because there ' s an `bbjetion . 12 THE COURT : Sq is ,your right to 13 represent yourself` xI think people always 14 benefit from hying consulted with attorneys . 15 The „Ctty ' s motion for writ of possession 16 is bein grated . fr 17 k I 'mi'going to give you 21 days to retrieve 18 y=_ ur property . 19 MS . HO : During this time we will file a 20 ;,_lawsuit against them because this is a criminal 21 action, and this is also 42 USC 1983 also, 22 ' because invasion of privacy . I can sue them for Nt 23 $15 million . 24 THE COURT : Thank you very much . 25 MS . NEEDELMAN : Thank you . Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 10 1 commercial property . The belonging are all 2 there . I 've confirmed that with the City. . We 've 3 tried to coordinate them retrieving it . 4 We just want a the property to be secured. 5 THE COURT : All right . 6 MR. HO: Did you receive -- 7 THE COURT : No, I did not . I ' a 8 look at that real quick . 9 MS . HO : Because -- 10 THE COURT : Okay . Let ead it and 11 I ' ll -- 4c) 12 MS . NEEDELMAN: Your Honor, anything 13 that they filed asmo on we have not received 14 it . 15 THE COURT : So I 'm looking at something 16 called Objection to Plaintiff ' s Writ of 17 Possession .`' 18 MS . NEEDELMAN : We have not been served 19 that nor is it part of the docket . 20 t MS . HO: Your Honor -- 21S MR. HO : Do you want me to go through 22 the -- 23 THE COURT : No . 29 MR. HO: Those are all the legal bases for 25 that -- Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 9 1 it . 2 Okay . So then as far as -- the defendants 3 never filed a motion for stay of the sale . 4 They ' re asserting certain accusations . But at 5 the time they could have filed a motion for stay, 6 they did not . The Federal lawsuit is unrelated 7 to this case . Judge Hafele made thatveclear 8 on the record at the hearing for s 9 judgment, so that should not be considered. 10 As to notice, at the en Q ' what Ms . Ho 11 was saying, it sounded like she was talking about 12 the certificate of title; 13 And the thr ' qday notice we also included 14 in the binder at s sent to Your Honor, proof 15 of mailing the address in which they reside . 164V-we-have nothing further . 17 �� We just request that the motion be rE 18 g;,anted. 19 THE COURT : Are their belongings inside 20tithe home? 21 I MS . NEEDELMAN : I 'm sorry, Your Honor? 22 THEY COURT : Are they still inside the 23 home? 24 MS . NEEDELMAN : Are you saying their 25 belongings? Yes, they ' re still there . It ' s a �6e. Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com • FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 8 1 Beach, Florida 33472 and also 4230 Deste Court, 2 Number 207 . 3 THE COURT : Who gets the mail at 9174 4 Chianti Court, Boynton Beach? 5 MS . HO: We do . • 6 THE COURT : Okay . 7 MS . HO: And I do get it . But " d not 8 get this -- any notice of certific- f title . • b : 9 She did not mail us certificat -4o , t ' le . She erro 10 not -- even getting the -- wha 1 call -- VV12 'i 11 foreclosure judgment bec. . one, we did not � �/� 1OC 12 have a lock . The buil giis safe . We already 13 point it out in mymotibn to dismiss . 0LP 14 THE COURT : Okay . All right . This is an "Q let-4-67 15 equity act p$ co1'rect? pirC' 16 MS . NEEDELMAN : Yes, Your Honor . This was w 17 a forVclos "re action . 18 May I respond? 19 THE COURT : Yes, briefly . 20 MS . NEEDELMAN : Thank you . 21 As to the statement that summary judgment 22 was without her presence, she was present at that 23 hearing . 24 THE COURT : There ' s not -- 25 MS . NEEDELMAN: I 'm not going to get into 7*.doemon.m. • Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL. JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 7 1 common thief . And she act like a law. She using 2 whole proceeding try to steal property . And we 3 found information why it was it done because 4 there ' s more involved in a fraud. 5 THE COURT : Okay . 6 MS . HO: So they breaking inside the 7 building . We have our stuff in there 4' " I 8 already told them my stuff is worth more than a 9 million dollars inside when we flied a Federal 10 Court -- Federal lawsuit against them: And then 11 they changed -- 12 THE COURT : Did you see the notice? 13 MS . HO: We did not receive the notice . I 14 went to the -- I went to the Court docket, 15 because I dtdve by the place and I found out 16 there was another tiny, tiny -- 17 TWCOURT : What ' s this stress 9174 viz 18 Chianti Court? 19 MS . HO: That ' s our home address . 20 THE COURT : That ' s your home address . 21 4Ax, MS . HOME : And we don ' t any tenant . We 22 just have stuff there . I don ' t know why they say 23 unknown tenant for . 24 THE COURT : So you live at that address? 25 MS . HO: 9174 Chianti Court, Boynton Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 6 1 having title meant they could go on . The first 2 information that I received by reading a pleading 3 of the defendants in a Federal action, you know, 4 I confirmed it with the client and then we filed 5 this motion . 6 And, you know, they changed the locks . 467 Property has to be secured. The appe ,, E 8 pending and, you know, that ' s why we.' 4. here 9 before you today . 14 1 10 MSI. HO : Karen Ho . While _the case is 11 pending in Federal Court ss_ r eminent domain, she 12 go ahead and obtain the <Summary judgment without 13 my present and a hearing'. We appeal . And the 14 Federal Court -" we even went through Eleventh 15 Circuit coutik,. S e has not file brief yet . And 16 the Fou ; .h.D :t A. she did not file brief yet . 17 She d .dn ' t' give pay for open the case with this 18 court hearing for Your Honor to hear this case . 19 So whatever we file for the court hearing today, 20 it ' s not been put in the docket, recorded in the 21 docket . 22 Two . When they enter the building, they 23 know they already violating United States Fourth 24 Amendment for search and seizure . They are City 25 of Boynton Beach . They act like that Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigere, -� F rn G -o r" FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO. CLERK. 10/7/2( 5 1 the City decided at time not to file a motion for 2 writ of possession, however, our office recently 3 learned that the City staff mistakenly understood 4 that title meant they could go on the property 5 and change the locks to secure it, which is what 6 they did without our knowledge or direction. 7 When we found this out through Mr-.', nd 8 Mrs . Ho ' s brief in an unrelated Fe. action, 9 we issued the required notice aid ir d this 10 motion . We provided the requi d,,.notice . And to 11 date, the notice -- we tried o coordinate with 12 the defendants for tl . o mfrretrieve their 13 belonging. To date the City has not been 14 contacted by them to retrieve their belongings . 15 Now , het the City went on the property and 16 changed h . rocks mistakenly, the City now 17 requets t at the Court grant its motion and 18 d: ect the clerk to issue the writ of possession 19 so \the City can continue to keep the property 20 secured. 21 � Your Honor, we understand that what the 22 tl City did, they put the cart before the horse, the 23 proper procedures for us to come before you to get the motion for writ of possession . Like I said, City staff mistakenly understood that E ..�. 0 0 )orting Service, Inc. (954) 764-72971 info©prestigereportingservice.com tn N BCH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 4 1 hearing them. 2 THE COURT : They are . So what they said 3 is their name is Wing Ho and Karen Ho . They 4 indicated Bengamin Ho is not the owner of the 5 property . 6 I called it up as Benjamin Ho becvse 7 that ' s the name on the caption, but ortf" y, 8 pleadings it ' s City of Boynton Beaci " rsus Karen 9 Ho, Wing Ho, Fountains of Palm ;B�i` h Condominium, 10 Number 3, and unknown tenants i4,,,,possession . 11 All right . So we ' re here for the City ' s a b„ 12 motion for writ of po4ss ' sVon . 13 MS . NEEDELMAN: 'Yes, Your Honor . May I 14 proceed? 15 THE C JRT : Please . 16DELMAN: Thank you . 17 A On, ebruary 2nd, 2022, Judge Hafele 18 grnted the City ' s motion for summary judgment . 19 On March 17, 2022, the foreclosure sale 20 :,was held on the subject property and the property lt 21 µo was sold to the City and the City was issued L„,„ ,,!4-, ,.- 22 \ title . 23 After the issuance of the final judgment, 24 defendants appealed the final judgment, which is 25 currently pending. As the appeal was pending, Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservi FILED: PALM BEACH COUNTY. FL. JOSEPH ABRUZZO. CLERK. 10/7/2 3 1 (Whereupon, the following videoconference 2 proceedings were had: ) 3 MS . NEEDELMAN : Good morning, Your Honor. 4 Heather Needelman, on behalf of plaintiff, City 5 of Boynton Beach . 6 And I believe the defendants are 7 physically present . 8 THE COURT : That is correct . 9 COURT REPORTER: And we ,kms 1 court 10 reporter, Your Honor . 11 THE COURT : Sir, c yiu put your name on 12 the record, please, or ` 13 MS . HO: Katen 4. 14 MR. HO . ( Inaudible . ) 15 COU EPORTER: I ' m sorry, his name 16 again? 17 1 MR. - HO: Wing Ho, W-I-N-G . 18 THE COURT : Wing Ho? 19 MR. HO: Yes . 20 THE COURT : Thank you, Mr . Ho . 21 And Karen Ho? 2217"' MS . HO : K-A-R-E-N H-O. We are the owner 23 of the property . 24 COURT REPORTER: Your Honor, are they 25 speaking into a mic? I 'm just having a hard time Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 2 1 APPEARANCES : 2 GOREN CHEROF DOODY & EZROL 3099 E . Commercial Boulevard, Suite 200 3 Fort Lauderdale, FL 33308-4348 (954) 771-9500 4 hneedelman@gorencherof . com By HEATHER S . NEEDELMAN, ESQ. 5 Attorney for the Plaintiff (Via Zoom) 6 KAREN HO, Pro Se 7 WING HO, Pro se Ask 9179 Chianti Court 8 Boynton Beach, FL 33472 (561 ) 229-6877 odS 9 wh561@yahoo . com (Live in courtroom) 10 11 12 44, 13 .. . 14 (All parties appearing via videoconference . ) 15 16 0k 17 18 19 20 21 22 23 24 25 Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FIT FT) PAT.M RFA(H CUT INTY F1 TUSFPH ARR! 1770 (1 FRK 1(1/7/7027 4'55•(1(1 PM 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 2 PALM BEACH COUNTY, FLORIDA 3 CITY OF BOYNTON BEACH, ) 4 a municipal corporation, ) 5 Plaintiff, ) Case No. : 6 vs . ) 50-2019-CA-015764XXXX-MB 7 KAREN HO, WING HO, and ) 4 FOUNTAINS OF PALM BEACH ) „,, 8 CONDOMINIUM, INC, #3, ) iL 9 Defendant . ) 0. 10 PalmeBdtiGh County Courthouse 11 Vide ,on , erence Hearing W St Porn Beach, Florida 12 , e ercber 20th, 2022 0 Va .m. - 9 : 10 a .m. 13 ,, 14 , 15 ":. ,,. HEARING 16 s r 17 il 18 19 1k 20 , 4 N., 21LThe above-styled cause came on for hearing 22 \ before the Honorable Luis Delgado, Presiding Judge, via 23 videoconference, Palm Beach County Courthouse, West Palm 24 Beach, Palm Beach County, Florida, on the 20th day of 25 September, 2022 . Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED. PALM REACH COUNTY FI, JOSEPH ARRI JZZO CLERK 10/7/2022 4.55.00 PM Approved Court Reporter, Civil Court Reporter, or Approved Transcriptionist (address) Note: The foregoing approved court reporter's, civil court reporter's, or approved transcriptionist's acknowledgment to be placed "at the foot of' or attached to a copy of the designation, shall be properly completed, signed by the approved court reporter, and filed with the clerk of the appellate court within 5 days of service of the designation on the approved court reporter, civil court reporter, or approved transcriptionist. A copy shall be served on all parties or their counsel, who shall have 5 days to object to any requested extension of time. See Fla. R. App. P. 9.200(b)(1), (b)(2), & (b)(3). St'4\'‘C\ C..)< )* January 1, 2019 Florida Rules of Appellate Procedure 195 The Florida Bar FIT FD- PALM REACH COI INTY F1. JOSEPH ARR117.7.0 CLERK 10/7/2022 4.55.00 PM • I, counsel for appellant, certify that I have made satisfactory financial arrangements with the approved court reporter, civil court reporter, or approved transcriptionist for preparation of the transcript, and I have served a designation on the approved court reporter, civil court reporter, or approved transcriptionist. . Pro Se- Attorney for (name of party) (address, e-mail address, and phone number) Florida Bar No. AbaariL 9//4 CA i a it Ce v 33 72 &o yn"ton ,t$� ' r cs7, 1) .460 -/� II. APPROVED COURT REPORTER'S, CIVIL COURT REPORTER'S, OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGMENT 1. The foregoing designation was served on (date) , and received on (date) 2. Satisfactory arrangements have () have not$()been made for payment of the transcript cost. These financial arrangements were completed on (date) 3. Number of trial or hearing days . 4. Estimated number of)Tans ri Pg t a es P 5a. The transcript will be available within 30 days of service of the foregoing designation and will be filed on or before (date) OR 5b. For the following reason(s) the approved court reporter, civil court reporter, or approved tracripionist requests an extension of time of days for preparation of the transcript that will be filed on or before (date) 6. Completion and filing of this acknowledgment by the approved court reporter, civil court reporter, or approved transcriptionist constitutes submission to the jurisdiction of the court for all purposes in connection with these appellate proceedings. 7. The undersigned approved court reporter, civil court reporter, or approved transcriptionist certifies that the foregoing is true and correct and that a copy has been furnished by mail ( ) hand delivery ( ) e-mail ( ) on (date) , to each of the parties or their counsel. January 1, 2019 Florida Rules of Appellate Procedure 194 The Florida Bar FIT,FD• PALM RFACH CI-MINTY Fl. IUSFPH ARRI1771) C'1.FRK 10/7/2022 4.55 00 PM (h) Designation to Approved Court Reporter, Civil Court Reporter, or Approved Transcriptionist. IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO BE REVIEWED) G i i' o�' n f-o� ,C�r°,r,G� Case No.--0-20/9- —i9�5—0/574/41,8 y r ithiniesira 6r1e17410 A a , ) Plaintiff/Appellant, ) DESIGNATION TO APPROVED COURT ) REPORTER, CIVIL COURT REPORTER, v. ) OR APPROVED TRANSCRIPTIONIST, {Care A ih, y✓I no kiv eft AND REPORTER'S OR APPROVED , ) TRANSCRI'TIONIST'S Defendant/Appellee. ) ACKN• Akii GEMENT '4(1 *.'' I. DESIGNATION ,I�, Plaintiff/Appellant,/640/1/1 /T0 t is Designation to Approved Court Reporter, ivil Court Repporter, or A.•rgved Transcriptionist and directs •- -� :i,e ' ' -! rPt""' 0 •�n • '.0 to transcribe the following portions of the trial proceedings to be used in this appeal [for cases where a party is exempt from service by electronic mail as set forth in the Florida Rules of Judicial Administration, state the following, and provide paper copies of the transcript(s) in paper format]: p/zo�zz.- 1. The.2entire trial proceedings recorded by the reporter on (date) , before the Honorable (judge),.;.., e, Ai 2. dicate all other portions of reported proceedings.] 3. The approved court reporter, civil court reporter, or approved transcriptionist is directed to file the original with the clerk of the lower tribunal and to serve one copy on each of the following: 1. 4oreil chew; bOGIy44 °z-r° 1 30??r. eiwtme era../ 13/✓dj svil"e 20 D, Fort iewelects4 ,L. 2. 333 06' 3. e i-ty o4 gnpf"on 13,e January 1, 2019 Florida Rules of Appellate Procedure 193 The Florida Bar FIT.FD PALM REACH COI INTY FT. JOSEPH ARRI J770 CT.FRK 10/7/2022 4.55.00 PM 4 the external area formed by a 12 foot radius arc tangent to the south line of said Lot 1 and tangent to a line 17 feet westerly of and parallel to the east line of said Lot 1, Block A, Lake Addition to Boynton, Florida, according to the plat thereof, as recorded in Plaint Book 11, Page 71. Parcel Control Number: 08-43-45-21-32-008-0010 Property Address: 1101 and 1103 N.Federal Highway, Boynton Beach,FL 33435 DONE and ORDERED at West Palm Beach, Palm Beach County, Florida sufz`'cy Asia! M11 i213.1p GisiT , 5020ige,MisiAx M8 10R1lat LuIs.Dei8lUb CtrnAE Copies furnished to: WING HO and KAREN HO ' ' 9174 Chianti Court 4414(S" Boynton Beach, FL 33472 wh561 @yahoo.com lafrc@yahoo.com .,, +4y' CITY OF BOYNTON BEACH C/O Heather Needelman, Esq., 3099 E. Commercial Blvd, Su . 20 Fort Lauderdale, FL 3312,8 HNeedelman@GorenChTrOf.com MCiru llo(a,,GorenOherof.com MMorelli@GorenCherof.com CDunnna,GorenChergf.com FOUNTAINS OF PALM BEACH CONDOMINIUM INC if3 C/O°De b b i e:to u l ette 4615 Fountains Drive, STE B Lake Worth, FL 33467 FILED: PALM BEACH COUNTY FL JOSEPH ABRIJZZO. CLERK. 11/7/2022 2:08:00 PM i r =':-. • IN THE CIRCUIT COURT OF THE 15"'JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA CITY OF BOYNTON BEACH, a municipal corporation, Plaintiff, Case No. 50-2019-CA-015764-XXXX-MB Division: AG vs. RE,C1EIVED KAREN HO, WING HO,and FOUNTAINS OF PALM BEACH CONDOMINIUM, INC, ` NOV -7 2022 #3. Defendant(s). CLUIS DELGA O / LUIS AMENDED ORDER ON MOTION FOR ISSUANCE OF WRIT OF POSSESSION (Amended to add address of Subject Property) THIS CAUSE having been heard before the Court on September 20, 2022, upon oP Plaintiffs Motion for Issuance of Writ of P ssion, and this Court having considered the motion and argument of the parties, and bei g advised in the premises, IT IS HEREBY ORDERED.that Plaintiff's Motion for Issuance of Writ of Possession is hereby GRANTED. The Defendants, Wing Ho and Karen Ho, shall have twenty-one (21) days from the date of entry of this Order to.r neve all personal possessions and shall contact counsel for the City of Boynton Beach, 1-leather Needelman, at HNeedelman@gorencherof.com or (954) 771-4500 to coordinate retrieval of all personal belongings. Clerk of Court is DIRECTED and authorized to, and shall forthwith issue, a Writ of Possession for the following described property: LOT 1 BLK A, Lake Addition to Boynton, Florida,According to the plat thereof,as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, less and except the east 17 feet of Lot 1 (when measured. at right angles to the east line of said lot) Block A and that part of Lot 1,Block A,which is included in FILED. PALM REACH COI TNTY FT, JOSEPH ARRI IZ7O 'CLERK 11/7/2022 2.013.00 PM ._ ..- \*..,/' LUIS DELGADO,CIRCUIT JUDGE 1 PALM BEACH COUNTY JUDGE DANIEL URLEY/- WE-ST .I'ALM,BCH'1E1* { •.(, �p goods not COURTHOUSE 26 OCT2022pM 4 .i,i. . _'i FIRST-CLASS MAIL a C) tMI ; 205.N. DIXIE HIGHWAY 'F�;�?r-=•''$�'-•:� $000.57 ° ' WEST PALM BEACH,FL 33401 '�#"V1' }' 1` ., 10/24/2022 ZIP 33401 ilgto �';t% ' 043M31236750 /qCJ 07..,„),. _ ro . /4,t .EN HO * •RTH ED)' `i HIGHWAY W B 0 g scip . AG ,F t<- 3435 p NIXIE ,�'e 3.31 DE 1 0.01.1./0312Z1) \. peTs uil TO R !Nnr I'M V Ar ANT ti ..tp E 10 FORWARD i 1 .; • ,.• _. 9333900€ItSZERBOAF VAC BC: 334,0143 . * 3.57.5-:@095.6-Z6-49 �-:� t. . ,I I u I_ ,.1.t!!,:I,,,,►.:l.:, .I,:i:,=t+!6�°i;t.i.�:I: 1.'�l .!! 'i 3:34. `�;;,d ._ �3� ii'j.�;.�.ii""i �' it it'it ►j...tit :i �•�.i tt♦ IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502019CA015764XXXXMB CITY OF BOYNTON BEACH Plaintiff(s)/Petitioner(s), vs. BENJAMIN HO; KAREN HO;UNKNOWN TENANT IN POSSESSION;WING HO; FOUNTAINS OF PALM BEACH CONDOMINIUM INC#3 Defendant(s)/Respondent(s) 4400,ki, CERTIFICATE OF TITLE THE UNDERSIGNED CLERK OF this Circuit Court Certifies that a Certificate of Sale was executed and filed in this action on March 17, 2022 for the property described herein and that objections to the sale have either not been filed within the time allowed by statutory law or, if filed, have been heard by the court. The property in Palm Beach County, Florida is described as follows: Street address: 1101 N, Federal Highway, Boynton Beach, Florida 33435 LOT 1 BLK A, Lake Addition to Boynton, Florida, According to the plat thereof, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, less and except the east 17 feet of Lot I iwhen measured at right angles tothe-„east line of said lot) Block A and that part of Lot 1, Block A, which``'is included in the external area formed by a 12 foot radius arc tangent to the south line of said Lot 1 and tangent to a line 17 feet westerly of and parallel to the east line of said Lot 1, Block A, Lake Addition to Boynton, Florida, according to the plat thereof, as recorded in Plat Book 11, Page 71. PCN # 08-43-45)21-32-008-0010 was sold to: CITY OF BOYNTON BEACH C/O GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 . WITNESS my hand and seal of this Court on March 30, 2022. �,< L`Tc° �� Joseph Abruzzo, Clerk of the Circuit Court&Comptroller, Palm Beach County 0 . , .r: '. -}.•� /� ' pr,,� STATE OF FLORIDA•PALM B —C `, .�;, .+ I hereb MCHC ._ b � IS L ��}� �+ true re y certify that the foregoingO eTY Ait;; - c;,,0* By: ri .c`` Y reducpvnpf the record in my office with � Deputy Clerk, Tequierra Barrett ��— _' ` �,�fanyasrequired bylav4 , Consideration: $200,100.00 N..,...,,,,,„,, THIS 746AY°F�2V t Documentary stamps: $0.00 T N,'..5,SEP. ::.UZZo i . ,T&coMPTRo DeputyClerk FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK 3/30/2022 z:� .6Y1RRol5 the external area formed by a 12 foot radius arc tangent to the south line of said Lot 1 and tangent to a line 17 feet westerly of and parallel to the east line of said Lot 1, Block A, Lake Addition to Boynton, Florida, according to the plat thereof, as recorded in Plaint Book 11, Page 71. Parcel Control Number: 08-43-45-21-32-008-0010 Property Address: 1101 and 1103 N. Federal Highway, Boynton Beach, FL 33435 DONE and ORDERED at West Palm Beach, Palm Beach County, Florida 5o2019cA0.5714' 4 -...., l i7?cut I - LuI'o. dg Ci [mull Judge 502019CA015764X X X X MB 10,21:2022 Luis Delgado Circuit Judge Copies furnished to: WING HO and KAREN HO ,04141S,Y 9174 Chianti Court 4 Boynton Beach, FL 33472 wh561 tyahoo.com lafrcAyahoo.com /.4( e),...,„ CITY OF BOYNTON BEAC C/O Heather Needelman, Esq 3099 E. Commercial Blvd, Sui0 Fort Lauderdale, FL 33308 HNeedelman(cii,GorenCherof.com MCirullo@GorenCherof.corn MMorelli(a GorenCherof.com CDunn@GdrenChero f.com a FOUNTAINS OF PALM BEACH CONDOMINIUM INC #3 C/O Debbie Poulette 4615 Fountains Drive, STE B Lake Worth, FL 33467 $TATE OF FLORIDA-PALM BEACH COUN ail r�lyre,. I hereby certify thet the foregoing i$e 's true copy of the record in my office Witlt S C,`'r }g redactio�n{s,,if any as required by law. 1 V/ THIS�uAY OF 127-+ N.',.,„�"° OSEPH r" 0 •MPTROLLER C •- CIR",rr • pep Y erk KATTIE M SHERROD Filing # 159749166 E-Filed 10/21/2022 04:25:00 PM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, a municipal corporation, Plaintiff, Case No. 50-2019-CA-015764-XXXX-MB Division: AG vs. KAREN HO, WING HO, and FOUNTAINS OF PALM BEACH CONDOMINIUM, INC, #3. Defendant(s). AMENDED ORDER ON MOTION FOR ISSUANCE OF WRIT OF POSSESSION (Amended to add address of Subject Property) THIS CAUSE having been heard before the ;Court on September 20, 2022, upon Plaintiff's Motion for Issuance of Writ of Possession, and this Court having considered the motion and argument of the parties, and being fully advised in the premises, IT IS HEREBY ORDERED that Plaintiff's Motion for Issuance of Writ of Possession is hereby GRANTED. The Defendants,'Wing Ho and Karen Ho, shall have twenty-one (21) days from the date of entry of this Order to retrieve all personal possessions and shall contact counsel for the City of Boynton Bea,ch,Ileather Needelman, at HNeedelman@gorencherof.corn or (954) 771-4500 to coordi1 to retrieval of all personal belongings. The Clerk of Court is DIRECTED and authorized to, and shall forthwith issue, a Writ of Possession for the following described property: LOT 1 BLK A, Lake Addition to Boynton, Florida, According to the plat thereof, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, less and except the east 17 feet of Lot 1 (when measured at right angles to the east line of said lot) Block A and that part of Lot 1, Block A, which is included in A I •a 1%r A esI I nrI I•ITN./ rr I es r'lr r,I I A 1'11.'11 I- 0,1 rr1I •n in• Innen n • 'NI'. nn r1• • CASE NO. 50-2019-CA-015764-XXX-MB WITNESS MY HAND AND SEAL OF THIS COURT ON THE l PicDAY OFOCTODER, 2022. Clerk of Courts JOSEPH ABRUZZO trotter Palm Beach unty, Florida Cleric of the Circuit Court&Comp P.O. Box 4667 AIM West Palm Beach, Florida B ';ice,' // �J�' 33402-4667 beauty Clerk KATTIE M SHERRCD Sheriff's Contact Person: coU Counsel for Plaintiff: (0,-3.T rp.* �Heather Needelman, Esq. Goren, Cherof, Doody & Ezrol, P.A. ±4.1,.9) .,\Tel. 954-771-4500 (T1�: ; , 4‘,\\\ IZAcH cow A.-N7j1IP." (00538389.1 306-9905433) Page 2 of 2 IN THE CIRCUIT COURT OF TI-IE 151H JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, CASE NO. 50-2019-CA-015764-XXXX-MB a municipal corporation, Division: AG Plaintiff, vs. KAREN HO, WING HO, and FOUNTAINS WRIT OF POSSESSION 'S OF PALM BEACH CONDOMINIUM, INC., #3, -V Defendants. Ei f- g (73C OO rn THE STATE OF FLORIDA: ,, TO ALL SINGULAR SHERIFFS OF "I-HE STATE:1 I.: , YOU ARE HEREBY COMMANDED TO POST A NOTICE IN A CONSPICUOUS PLACE ON THE SUBJECT PROPERTY LOCATED AT 1101 and 1103 N. FEDERAL HIGHWAY, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, LEGALLY DESCRIBED AS: LOT 1 BLK A, Lake Addition to Boynton, Florida, According to the plat thereof, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, less and except the east 17 feet of Lot 1 (when measured at right angles to the east line of said lot)Block A and that part of Lot.1, Block A, which is included in the external area formed by a 12 foot radius arc tangent to the south line of said Lot 1 and tangent to a line 17 feet westerly of and parallel to the east line of said Lot 1, Block A,`''Lake Addition to Boynton, Florida, according to the plat thereof,as recorded in Plat Book 11, Page 71. PCN #08-43-45-21-32-008-0010 NOTIFYING ALL PERSONS RESIDING THEREON THAT YOU SHALL PUT THE CITY OF BOYNTON BEACH IN POSSESSION OF THE SAID REAL PROPERTY AFTER 24 HOURS OF THE DATE OF SAID NOTICE. YOU ARE FURTHER COMMANDED TO REMOVE ALL PERSONS, PARTIES, AND PROPERTY IN POSSESSION OF THE REAL PROPERTY AND TO PUT THE CITY OF BOYNTON BEACH IN POSSESSION OF THE AFORESAID REAL PROPERTY AT THE EXPIRATION OF SAID NOTICE. {00538389.1 306-99054331 Page 1 of 2 PALM BEACH COUNTY SHERIFF'S OFFICE ORIGINAL RETURN KAREN HO, WING HO, FOUNTAINS OF PALM BEACH Court: Circuit CONDOMINIUM, INC. #3 Case No.: 50-2019-CA-015764-XXXX-MB County: PALM BEACH 1101 N FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 ms=s: GOREN, CHEROF, DOODY & EZROL, PA CITY OF BOYNTON BEACH Levy Fee($50.00) DAVID N TOLCES, ESQUIRErvice Fee ($40.00) 3099 E COMMERCIAL BLVD STE 200 ;11 ' Tal: $90.00 FT LAUDERDALE, FL 33308 WRIT OF POSSESSION, AMENDED ORDER ON MOTION `' FOR ISSUANCE OF WRIT OF :45' r,e KAREN HO, WING HO, FOUNTAINS OF POSSESSION -fs' PALM BEACH CONDOMINIUM, INC. #3 tee. Lftil Received this Writ on November 18,2022 at 10:01 AM and served on the within named defendant(s)at 11:11 AM on 11/28/2022 in Palm Beach County,Florida. The following service was performed by: RICHARD SCIARRINO 6940 AND SERVED THE SAME ON THE WITHIN NAMED DEFENDANT(S) IN PALM BEACH COUNTY, FLORIDA AT THE TIME AND DATE STATED ABOVE. SERVICE WAS MADE BY POSTING A'TRUE COPY OF THIS WRIT AND LISTED ATTACHMENTS WITH 'I'HE DATE AND HOUR OF SERVICE ENDORSED THEREON. A FINAL NOTICE OF EVICTION STICKER WAS POSTED ON THE PREMISES. AND FURTHER EXECUTED WHE SAME ON NOVEMBER 30, 2022 BY PLACING THE PLAINTIFF'S AGENT,JOHN KUNTZMAN, IN POSSESSION-OF SAID PREMISES. DEFENDANT(S) WAS(WERE) NOT ON THE SCENE. ALL PERSONAL PROPERTY WAS LEFT WITHIN THE DWELLING. THE PLAINTIFF'S AGENT WAS ON THE SCENE, ASSUMED POSSESSION OF THE PREMISES AND ALL REMAINING PERSONAL PROPERTY FOR DISPOSAL UNDER APPROPRIATE FLORIDA STATE STATUTES. By: RICHARD SCIARRINO 6940 Date Return Completed: 12/1/2022 PALM BEACH COUNTY SHERIFF'S OFFICE ORIGINAL RETURN S KAREN HO, WING HO, FOUNTAINS OF PALM BEACH Court: Circuit CONDOMINIUM, INC, #3 Case No.: 50-2019-CA-015764-XXXX-MB e County: PALM BEACH A 1101 N FEDERAL HIGHWAY BOYNTON BEACH, FL d 33435 C A GOREN, CHEROF, DOODY & t= EZROL, PA i CITY OF BOYNTON BEACH Levy Fee ($50.00) DAVID N TOLCES, ESQUIRE " i,�Service Fee ($40.00) r 3099 E COMMERCIAL BLVD STE n Total: $90.00 200 FT LAUDERDALE, FL 33308 y WRIT OF POSSESSION P AMENDED ORDER ON MOTION ---- FOR FOR ISSUANCE OF WRIT OF D KAREN HO, WING HO, FOUNTAINS OF 0: POSSESSION f PALM BEACH CONDOMINIUM, INC. #3 f ! 11 .w' a r n: ` Received this Writ on November 18,2022 at 10:01 AM and served on the within named defendant(s)at 11:11 AM on 11/28/2022 in Palm Beach County, Florida. The following service was performed by: RICHARD SCIARRINO 6940 AND SERVED THE SAME ON THF WITHIN,aNAMEDDEFENDANT(S) IN PALM BEACH COUNTY, FLORIDA AT THE TIME AND DATE STATED ABOVE. SERVICE WAS MADE BY POSTING A TRUE COPY OF THIS WRIT AND LISTED ATTACHMENTS WITH THE DATE`ANIYHOUR OF SERVICE ENDORSED THEREON. A FINAL NOTICE OF EVICTION STICKER WAS POSTED ON THE PREMISES. AND FURTHER EXECUTED THE SAME ON NOVEMBER 30, 2022 BY PLACING '1 HE PLAINTIFF'S AGENT, JOHN KUNTZMAN, IN POSSESSION OP SAID PREMISES. DEFENDANT(S) WAS(WERE) NOT ON THE SCENE. ALL PERSONAL PROPERTY WAS LEFT WITHIN THE DWELLING. THE PLAINTIFF'S AGENT WAS ON THE SCENE, ASSUMED POSSESSIO tt F THE PREMISES AND ALL REMAINING PERSONAL PROPERTY FOR DISPOSAL UNDER APPROPI M `FLORIDA STATE STATUTES. By: RICHARD SCIARRINO 6940 Date Return Completed: 12/1/2022 Filing # 162647866 E-Filed 12/08/2022 12:00:40 PM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA CITY OF BOYNTON BEACH, a municipal corporation, Plaintiff, Case No.50-2019-CA-015764-3000C-MB Division: AG vs. KAREN HO,WING HO, and FOUNTAINS . OF PALM BEACH CONDOMINIUM, INC, #3. Defendant(s). Or „,, NOTICE OF FILING RETURN O ' ER' 'ICE COMES NOW, the Plaintiff, THE CITY O •4ON BEACH, by and through undersigned counsel and tiles the attached Re o -rvice for service of the Writ of Possession on the Defendants, KAREN HO an,� 0 on November 30, 2022. CERTIFICATE OF SERVICE I HEREBY CERTIFY th Th foregoing has been filed and served through the Statewide II E-Filin Portal and served thr gh t Class U.S. MAIL and Certified Mail to Wing Ho and Karen Ho, Defendants, 4 Chianti Court, Boynton Beach, FL 33472 at wh56layahoo.com and lafrc a ahoo.co on t is Rin day of December 2022. GOREN, CHEROF, DOODY & EZROL, P.A. A\mimh,O Attorneys for Plaintiff, City of Boynton Beach 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Phone: (954) 771-4500 ! Fax: (954) 771-4923 By: /s/Heather Needelman MICHAEL D. CIRULLO, JR. Florida Bar No. 973180 MCirullo(&,GorenCherof.com HEATHER NEEDELMAN Florida Bar No.: 92925 HNeedelman@GorenCherof.com (00545652.1 306-9905433) 2/7/23,4:13 PM City of Boynton Beach I City Commission Meeting CATEGORY: Meetings (/events/list?field_tags_target_id=191) Commission Meetings (/events/list?field_tags_target_id=592) 'r w o, - ... co .--c- 0_ 03 03 0 w SW 1st Ave SW 1st Ave SW 1nt Ave SE 1st Ave Awesome Greyhound Go gte c) Adoptions (hupssmaps.google.comimapell=26.526835.-80.06367582=188t=rrhidlxdda8 3 oneeformapireo error(https.//wwwgoogle com/maps/(a:26.5268348,-80.0636749.182/data=n Omt!tet!12131?source=apiv38rapsrc=apiv3) n COIs el) SW 2nd Ave SW 2nd Ave SW 2nd Ave SE 2nd Ave SE 2nd Ave SE 2nd Ave SE 2nd Ave < U) OEt- ctry OYNTOE BEACH City Hall:100 E.Ocean Ave. Boynton Beach, FL 33435 Phone:561-742-6000 Contact City4/contact). TITLE VI Nondiscrimination Assurance(haps://www.boynton-beach.org/sites/default/files/2021-09/Title_VI_Nondiscrimination_Assurance.pdf) TITLE VI Nondiscrimination Policy&Plan(https://www.boynton-beach.org/sites/default/files/2021- 09/C BB_Title_V I_Attach ment_Policy_and_Plan_for_Sub_Recipients_in_the_FDOT_LAP.pdf) Flood Info(/flood) Jobs(/join-our-team) Public Records(/government/public-records) Town Squarc+'(/town-square) SITEMAP(/sitemap) PRIVACY POLICY(/privacy-policy) ADA NOTICE(/ada-notice) 02022 All Rights Reserved 0 https://www.boynton-beach.org/city-commission-meeting-99 2/2 2/7/23,4:13 PM City of Boynton Beach I City Commission Meeting CITY COMMISSION MEETING HOME (/) CITY COMMISSION MEETING START DATE I TIME Tuesday, February 7,2023 6:00pm it'. Add to Calendar LOCATION Online + City Hall Commission Chambers 100 E.Ocean Ave. Boynton Beach, FL 33435 Regular City Commission meetings take place on first and third Tuesdays of each month at 6:00 PM. View 2022/2023 Agendas(https://boyntonbeach.novusagenda.com/AgendaPublic/) Meeting Location:GoToWebinar Online Meeting and City Hall Commission Chambers,100 E.Ocean Avenue. Since COVID,the City has made online public participation available via GoTo Webinar. Register to Attend Online (https://attendee.gotowebinar.com/reg ister/7516265214554043485): https://attendee.gotowebinar.com/register/7516265214554043485 (https://attendee.gotowebinar.com/register/7516265214554043485) An ASL Interpreter will be present. Questions? Call 561-742-6061 or email CityClerk@bbfl.us (mailto:CityClerk@bbfl.us). CONTACT PHONE 561-742-6061 (te1:561-742-6061) CONTACT EMAIL cityclerk@bbfl.us(mailto:cityclerk@bbfl.us) 0 https://www.boynton-beach.org/city-commission-meeting-99 1/2 2/6/23, 11:28 AM Chapter 784 Section 048-2011 Florida Statutes-The Florida Senate The Florida Senate 2011 Florida Statutes Title XLVI Chapter 784 ; SECTION 048 CRIMES ASSAULT;BATTERY;CULPABLE Stalking; definitions;penalties. NEGLIGENCE Entire Chapter 784.048 Stalking;definitions;penalties.— (1) As used in this section, the term: (a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. (b) "Course of conduct"means a pattern of conduct composed of a series of acts over a period of time,however short,evidencing a continuity of purpose.Constitutionally protected activity is not included within the meaning of "course of conduct."Such constitutionally protected activity includes picketing or other organized protests. (c) "Credible threat"means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety.The threat must be against the life of,or a threat to cause bodily injury to,a person. (d) "Cyberstalk" means to engage in a course of conduct to communicate,or to cause to be communicated,words, images,or language by or through the use of electronic mail or electronic communication,directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. (2) Any person who willfully,maliciously,and repeatedly follows,harasses, or cyberstalks another person commits the offense of stalking,a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083. (3) Any person who willfully,maliciously,and repeatedly follows,harasses,or cyberstalks another person,and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child,sibling,spouse,parent,or dependent,commits the offense of aggravated stalking,a felony of the third degree,punishable as provided in s.775.082,s.775.083,or s.775.084. (4) Any person who,after an injunction for protection against repeat violence,sexual violence,or dating violence pursuant to s.784.046,or an injunction for protection against domestic violence pursuant to s.741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly,willfully, maliciously,and repeatedly follows,harasses,or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree,punishable as provided in s.775.082,s.775.083,or s. 775.084. (5) Any person who willfully,maliciously,and repeatedly follows,harasses,or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree,punishable as provided in s.775.082,s. 775.083,or s.775.084. (6) Any law enforcement officer may arrest, without a warrant,any person he or she has probable cause to believe has violated the provisions of this section. (7) Any person who,after having been sentenced for a violation of s.794.011,s.800.04,or s.847.0135(5)and prohibited from contacting the victim of the offense under s.921.244,willfully,maliciously,and repeatedly follows, harasses,or cyberstalks the victim commits the offense of aggravated stalking,a felony of the third degree,punishable as provided in s. 775.082,s. 775.083,or s.775.084. (8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011,s.800,04, or s.847.0135(5). History.—s.1,ch.92-208;s.29,ch.94-134;s.29,ch.94-135;s.2,ch.97-27;s.23,ch.2002-55;s.1,ch.2003-23;s.3,ch.2004-17;s.3,ch.2004- 256;s.17,ch.2008-172. https://www.flsenate.gov/laws/statutes/2011/784 048 1/2 2/6/23, 11:28 AM Chapter 784 Section 048-2011 Florida Statutes-The Florida Senate Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000- 2023 State of Florida. https://www.flsenate.gov/laws/statutes/2011/784.048 2/2 2/6/23, 11:27AM Statutes&Constitution:View Statutes:Online Sunshine Select Year: 2022 v I Go The 2022 Florida Statutes (including Special Session A) Title XLVI Chapter 836 View Entire Chapter CRIMES DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES 836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.—s. 42, sub-ch. 3, ch. 1637, 1868; RS 2420; GS 3261; RGS 5092; CGL 7194; s. 1, ch. 57-254; s. 991, ch. 71-136; s. 1307, ch. 97- 102. Copyright 0 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0800-0899/0836/Sections/0836.05.html 1/1 2/6/23, 11:24 AM Statutes&Constitution:View Statutes:Online Sunshine Select Year: 2022 v I Go The 2022 Florida Statutes (including Special Session A) Title XLIV Chapter 760 View Entire CIVIL DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY Chapter RIGHTS REPRESENTATION 760.37 Interference, coercion, or intimidation; enforcement by administrative or civil action.—It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of her or his having exercised, or on account of her or his having aided or encouraged any other person in the exercise of any right granted under ss. 760.20-Ti0,37. This section may be enforced by appropriate administrative or civil action. History.—s. 12, ch. 83-221; s. 9, ch. 89-321; s. 1142, ch. 97-102. Copyright O 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/Sections/0760.37.html#:—:text=lt is unla... 1/1 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed. (c) A civil action brought by an aggrieved person under this section must be commenced within 1 year after the date the commission certifies that the notice was mailed pursuant to paragraph (b). (9) No liability for back pay shall accrue from a date more than 2 years prior to the filing of a complaint with the commission. (10) A judgment for the amount of damages and costs assessed pursuant to a final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment. (11) If a complaint is within the jurisdiction of the commission, the commission shall simultaneously with its other statutory obligations attempt to eliminate or correct the alleged discrimination by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent civil proceeding, trial, or hearing. The commission may initiate dispute resolution procedures, including voluntary arbitration, by special magistrates or mediators. The commission may adopt rules as to the qualifications of persons who may serve as special magistrates and mediators. (12) All complaints filed with the commission and all records and documents in the custody of the commission, which relate to and identify a particular person, including, but not limited to, a complainant, employer, employment agency, labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission, except to the parties or in the course of a hearing or proceeding under this section. The restriction of this subsection shall not apply to any record or document which is part of the record of any hearing or court proceeding. (13) Final orders of the commission are subject to judicial review pursuant to s. 120.68. The commission's determination of reasonable cause is not final agency action that is subject to judicial review. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the commission, except as provided in the Rules of Appellate Procedure. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the cost. It is the intent of the Legislature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VII action. In the event the order of the court determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the court shall remand the matter to the commission for appropriate relief. The aggrieved party has the option to accept the relief offered by the commission or may bring, within 1 year of the date of the court order, a civil action under subsection (5) as if there has been a reasonable cause determination. (14) The commission may adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of this section and to govern the proceedings of the commission under this section. (15) In any civil action or administrative proceeding brought pursuant to this section, a finding that a person employed by the state or any governmental entity or agency has violated s. 760.10 shall as a matter of law constitute just or substantial cause for such person's discharge. History.—s. 8, ch. 92-177; s. 3, ch. 92-282; s. 1, ch. 94-91; s. 417, ch. 96-406; s. 302, ch. 96-410; s. 1, ch. 2001-187; s. 97, ch. 2004-11; s. 7, ch. 2015-68; s. 3, ch. 2020-153. PART II FAIR HOUSING ACT 760.20 Fair Housing Act; short title. 760.21 State policy on fair housing. 760.22 Definitions. 760.23 Discrimination in the sale or rental of housing and other prohibited practices. 760.24 Discrimination in the provision of brokerage services. 760.25 Discrimination in the financing of housing or in residential real estate transactions. 760.26 Prohibited discrimination in land use decisions and in permitting of development. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 10/24 2/6/23, 11:42 AM Statutes&Constitution :View Statutes:Online Sunshine 760.27 Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal. 760.29 Exemptions. 760.30 Administration of ss. 760.20-760.37. 760.31 Powers and duties of commission. 760.32 Investigations; subpoenas; oaths. 760.34 Enforcement. 760.35 Civil actions and relief; administrative procedures. 760.36 Conciliation agreements. 760.37 Interference, coercion, or intimidation; enforcement by administrative or civil action. 760.20 Fair Housing Act; short title.—Sections 760.20-760.37 may be cited as the "Fair Housing Act." History.—s. 1, ch. 83-221. 760.21 State policy on fair housing.—It is the policy of this state to provide, within constitutional limitations, for fair housing throughout the state. History.—s. 2, ch. 83-221. 760.22 Definitions.—As used in ss. 760.20-760.37, the term: (1) "Commission" means the Florida Commission on Human Relations. (2) "Covered multifamily dwelling" means: (a) A building which consists of four or more units and has an elevator; or (b) The ground floor units of a building which consists of four or more units and does not have an elevator. (3) "Disability" means: (a) A person has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment; or (b) A person has a developmental disability as defined in s. 393.063. (4) "Discriminatory housing practice" means an act that is unlawful under the terms of ss. 760.20-760.37. (5) "Dwelling" means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sate or lease for the construction or location on the land of any such building or structure, or portion thereof. (6) "Familial status" is established when an individual who has not attained the age of 18 years is domiciled with: (a) A parent or other person having legal custody of such individual; or (b) A designee of a parent or other person having legal custody, with the written permission of such parent or other person. (7) "Family" includes a single individual. (8) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. (9) "Substantially equivalent" means an administrative subdivision of the State of Florida meeting the requirements of 24 C.F.R. part 115, s. 115.6. (10) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. History.—s. 3, ch. 83-221; s. 1, ch. 84-117; s. 1, ch. 87-106; s. 28, ch. 89-308; s. 1, ch. 89-321; s. 1138, ch. 97-102; s. 5, ch. 2020-76. 760.23 Discrimination in the sale or rental of housing and other prohibited practices.— (1) It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, disability, familial status, or religion. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 11/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine (2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, disability, familial status, or religion. (3) It is unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, sex, disability, familial status, or religion or an intention to make any such preference, limitation, or discrimination. (4) It is unlawful to represent to any person because of race, color, national origin, sex, disability, familial status, or religion that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (5) It is unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, sex, disability, familial status, or religion. (6) The protections afforded under ss. 760.20-760.37 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (7) It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) Any person associated with the buyer or renter. (8) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) Any person associated with the buyer or renter. (9) For purposes of subsections (7) and (8), discrimination includes: (a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or (b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. (10) Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by commission rule. Such buildings shall also be designed and constructed in such a manner that: (a) The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities. (b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair. (c) All premises within such dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling. 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations. 3. Reinforcements in bathroom walls to allow later installation of grab bars. 4. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space. (d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for persons with physical disabilities, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (C). www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 12/24 2/6/23, 11:42 AM Statutes&Constitution :View Statutes:Online Sunshine State agencies with building construction regulation responsibility or local governments, as appropriate, shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection. History.—s. 5, ch. 83-221; s. 2, ch. 84-117; s. 2, ch. 89-321; s. 6, ch. 2020-76. 760.24 Discrimination in the provision of brokerage services.—It is unlawful to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, sex, disability, familial status, or religion. History.—s. 7, ch. 83-221; s. 3, ch. 84-117; s. 3, ch. 89-321; s. 1139, ch. 97-102; s. 7, ch. 2020-76. 760.25 Discrimination in the financing of housing or in residential real estate transactions.— (1) It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying for the loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration, or other term or condition of such loan or other financial assistance, because of the race, color, national origin, sex, disability, familial status, or religion of such person or of any person associated with him or her in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or because of the race, color, national origin, sex, disability, familial status, or religion of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. (2)(a) It is unlawful for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, sex, disability, familial status, or religion. (b) As used in this subsection, the term "residential real estate transaction" means any of the following: 1. The making or purchasing of loans or providing other financial assistance: a. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or b. Secured by residential real estate. 2. The selling, brokering, or appraising of residential real property. History.—s. 6, ch. 83-221; s. 4, ch. 84-117; s. 4, ch. 89-321; s. 17, ch. 90-275; s. 1140, ch. 97-102; s. 8, ch. 2020-76. 760.26 Prohibited discrimination in land use decisions and in permitting of development.—It is unlawful to discriminate in land use decisions or in the permitting of development based on race, color, national origin, sex, disability, familial status, religion, or, except as otherwise provided by law, the source of financing of a development or proposed development. History.—s. 16, ch. 2000-353. 760.27 Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal.— (1) DEFINITIONS.—As used in this section, the term: (a) "Emotional support animal" means an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability. (b) "Housing provider" means any person or entity engaging in conduct covered by the federal Fair Housing Act or s. 504 of the Rehabilitation Act of 1973, including the owner or lessor of a dwelling. (2) REASONABLE ACCOMMODATION REQUESTS.—To the extent required by federal law, rule, or regulation, it is unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for, and who has or at any time obtains, an emotional support animal. A person with a disability or a disability-related need must, upon the person's request and approval by a housing provider, be allowed to keep such animal in his or her www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 13/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine dwelling as a reasonable accommodation in housing, and such person may not be required to pay extra compensation for such animal. Unless otherwise prohibited by federal law, rule, or regulation, a housing provider may: (a) Deny a reasonable accommodation request for an emotional support animal if such animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others, which threat cannot be reduced or eliminated by another reasonable accommodation. (b) If a person's disability is not readily apparent, request reliable information that reasonably supports that the person has a disability. Supporting information may include: 1. A determination of disability from any federal, state, or local government agency. 2. Receipt of disability benefits or services from any federal, state, or local government agency. 3. Proof of eligibility for housing assistance or a housing voucher received because of a disability. 4. Information from a health care practitioner, as defined in s. 456.001; a telehealth provider, as defined in s. 456.47; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another state but only if such out-of-state practitioner has provided in-person care or services to the tenant on at least one occasion. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information. 5. Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and s. 504 of the Rehabilitation Act of 1973. (c) If a person's disability-related need for an emotional support animal is not readily apparent, request reliable information that reasonably supports the person's need for the particular emotional support animal being requested. Supporting information may include: 1. Information identifying the particular assistance or therapeutic emotional support provided by the specific animal from a health care practitioner, as defined in s. 456.001; a telehealth provider, as defined in s. 456.47; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another state. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information. 2. Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and s. 504 of the Rehabilitation Act of 1973. (d) If a person requests to keep more than one emotional support animal, request information regarding the specific need for each animal. (e) Require proof of compliance with state and local requirements for licensing and vaccinating each emotional support animal. (3) REQUEST LIMITATIONS.— (a) Notwithstanding the authority to request information under subsection (2), a housing provider may not request information that discloses the diagnosis or severity of a person's disability or any medical records relating to the disability. However, a person may disclose such information or medical records to the housing provider at his or her discretion. (b) A housing provider may develop and make available to persons a routine method for receiving and processing reasonable accommodation requests for emotional support animals; however, a housing provider may not require the use of a specific form or notarized statement, or deny a request solely because a person did not follow the housing provider's routine method. (c) An emotional support animal registration of any kind, including, but not limited to, an identification card, patch, certificate, or similar registration obtained from the Internet is not, by itself, sufficient information to reliably establish that a person has a disability or a disability-related need for an emotional support animal. (4) LIABILITY.—A person with a disability or a disability-related need is liable for any damage done to the premises or to another person on the premises by his or her emotional support animal. (5) APPLICABILITY.—This section does not apply to a service animal as defined in s. 413.08. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 14/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine History.—s. 1, ch. 2020-76. 760.29 Exemptions.— (1)(a) Nothing in ss. 760.23, 760.25, and 760.27 applies to: 1. Any single-family house sold or rented by its owner, provided such private individual owner does not own more than three single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in such house at the time of the sate or who was not the most recent resident of the house prior to the sale, the exemption granted by this paragraph applies only with respect to one sale within any 24-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his or her behalf, under any express or voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time. The sale or rental of any single-family house shall be excepted from the application of ss. 760.20-760.37 only if the house is sold or rented: a. Without the use in any manner of the sales or rental facilities or the sates or rental services of any real estate licensee or such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such licensee or person; and b. Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of s. 760.23(3). Nothing in this provision prohibits the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title. 2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. (b) For the purposes of paragraph (a), a person is deemed to be in the business of selling or renting dwellings if the person: 1. Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or interest therein; 2. Has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sate or rental of any dwelling or interest therein; or 3. Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (2) Nothing in ss. 760.20-760.37 prohibits a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nothing in ss. 760.20-760.37 prohibits a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (3) Nothing in ss. 760.20-760.37 requires any person renting or selling a dwelling constructed for first occupancy before March 13, 1991, to modify, alter, or adjust the dwelling in order to provide physical accessibility except as otherwise required by law. (4)(a) Any provision of ss. 760.20-760.37 regarding familial status does not apply with respect to housing for older persons. (b) As used in this subsection, the term "housing for older persons" means housing: 1. Provided under any state or federal program that the commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; 2. Intended for, and solely occupied by, persons 62 years of age or older; or www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 15/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine 3. Intended and operated for occupancy by persons 55 years of age or older that meets the following requirements: a. At least 80 percent of the occupied units are occupied by at least one person 55 years of age or older. b. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph. If the housing facility or community meets the requirements of sub- subparagraphs a. and c. and the recorded governing documents provide for an adult, senior, or retirement housing facility or community and the governing documents lack an amendatory procedure, prohibit amendments, or restrict amendments until a specified future date, then that housing facility or community shall be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older. If those documents further provide a prohibition against residents 16 years of age or younger, that provision shall be construed, for purposes of the Fair Housing Act, to only apply to residents 18 years of age or younger, in order to conform with federal law requirements. Governing documents which can be amended at a future date must be amended and properly recorded within 1 year after that date to reflect the requirements for consideration as housing for older persons, if that housing facility or community intends to continue as housing for older persons. c. The housing facility or community complies with rules made by the Secretary of the United States Department of Housing and Urban Development pursuant to 24 C.F.R. part 100 for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of sub-subparagraph b. Such surveys and affidavits are admissible in administrative and judicial proceedings for the purposes of such verification. (c) Housing may still be considered housing for older persons if: 1. A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or 2. One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. (d) A person is not personally liable for monetary damages for a violation of this subsection if such person reasonably relied in good faith on the application of the exemption under this subsection relating to housing for older persons. For purposes of this paragraph, a person may show good faith reliance on the application of the exemption only by showing that: 1. The person has no actual knowledge that the facility or the community is ineligible, or will become ineligible, for such exemption; and 2. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption. A county or municipal ordinance regarding housing for older persons may not contravene the provisions of this subsection. (5) Nothing in ss. 760.20-760.37: (a) Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, national origin, sex, disability, familial status, or religion. (b) Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling. (c) Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (d) Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined under chapter 893. History.—ss. 4, 8, ch. 83-221; s. 5, ch. 84-117; s. 5, ch. 89-321; s. 18, ch. 90-275; s. 1, ch. 96-191; s. 1792, ch. 97-102; s. 1, ch. 99-348; s. 4, ch. 2001-143; s. 59, ch. 2003-164; s. 9, ch. 2020-76; s. 4, ch. 2020-153. 760.30 Administration of ss. 760.20-760.37.— (1) The authority and responsibility for administering ss. 760.20-760.37 is in the commission. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&U RL=0700-0799/0760/0760.html 16/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine (2) The commission may delegate any of its functions, duties, and powers to its employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under ss. 760.20-760.37. History.—s. 9, ch. 83-221. 760.31 Powers and duties of commission.—The commission shall: (1) Make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the state. (2) Publish and disseminate reports, recommendations, and information derived from such studies. (3) Cooperate with and render technical assistance to public or private agencies, organizations, and institutions within the state which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices. (4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of ss. 760.20-760.37. (5) Adopt rules necessary to implement ss. 760.20-760.37 and govern the proceedings of the commission in accordance with chapter 120. Commission rules shall clarify terms used with regard to accessibility for persons with disabilities, exceptions from accessibility requirements based on terrain or site characteristics, and requirements related to housing for older persons. History.—s. 9, ch. 83-221; s. 6, ch. 89-321; s. 5, ch. 2001-143; s. 10, ch. 2020-76; s. 5, ch. 2020-153. 760.32 Investigations; subpoenas; oaths.— (1) In conducting an investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures. The commission may issue subpoenas to compel its access to or the production of such materials or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. The commission may administer oaths. (2) Upon written application to the commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself. A subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at her or his request. (3) Within 5 days after service of a subpoena upon any person, such person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason. (4) In case of refusal to obey a subpoena, the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business. (5) Witnesses summoned by subpoena of the commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent. History.—s. 9, ch. 83-221; s. 1141, ch. 97-102. 760.34 Enforcement.— (1) Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be injured by a discriminatory housing practice that is about to occur may file a complaint with the commission. Complaints shall be in writing and contain such information and be in such form as the commission www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&U RL=0700-0799/0760/0760.html 17/24 2/6/23, 11:42 AM Statutes&Constitution :View Statutes:Online Sunshine requires. Upon receipt of such a complaint, the commission shall furnish a copy to the person or persons who allegedly committed the discriminatory housing practice or are about to commit the alleged discriminatory housing practice. Within 100 days after receiving a complaint, or within 100 days after the expiration of any period of reference under subsection (3), the commission shall investigate the complaint and give notice in writing to the aggrieved person whether it intends to resolve it. If the commission decides to resolve the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under ss. 760.20- 760.37 without the written consent of the persons concerned. Any employee of the commission who makes public any information in violation of this provision is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who files a complaint under subsection (1) must do so within 1 year after the alleged discriminatory housing practice occurred. The complaint must be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. A complaint may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him or her and, with the leave of the commission, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both the complaint and the answer must be verified. (3) If a local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in ss. 760.20-760.37, the commission shall notify the appropriate local agency of any complaint filed under ss. 760.20-760.37 which appears to constitute a violation of the local fair housing law, and the commission shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days after the date the alleged offense was brought to his or her attention, commenced proceedings in the matter. In no event shall the commission take further action unless it certifies that in its judgment, under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action. (4) The aggrieved person may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination under s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37 and is not required to petition for an administrative hearing or exhaust administrative remedies before commencing such action. If, as a result of its investigation under subsection (1), the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the aggrieved person, the Attorney General may bring an action in the name of the state on behalf of the aggrieved person to enforce ss. 760.20-760.37. (5) In any proceeding brought under this section or s. 760.35, the burden of proof is on the complainant. (6) If an action filed in court under this section or s. 760.35 comes to trial, the commission shall immediately terminate all efforts to obtain voluntary compliance. (7)(a) The commission may institute a civil action in any appropriate court if it is unable to obtain voluntary compliance with ss. 760.20-760.37. The commission does not have to petition for an administrative hearing or exhaust its administrative remedies before bringing a civil action. (b) The court may impose the following fines for each violation of ss. 760.20-760.37: 1. Up to $10,000, if the respondent has not previously been found guilty of a violation of ss. 760.20-760.37. 2. Up to $25,000, if the respondent has been found guilty of one prior violation of ss. 760.20-760.37 within the preceding 5 years. 3. Up to $50,000, if the respondent has been found guilty of two or more violations of ss. 760.20-760.37 within the preceding 7 years. In imposing a fine under this paragraph, the court shall consider the nature and circumstances of the violation, the degree of culpability, the history of prior violations of ss. 760.20-760.37, the financial circumstances of the respondent, and the goal of deterring future violations of ss. 760.20-760.37. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 18/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine (c) The court shall award reasonable attorney fees and costs to the commission in any action in which the commission prevails. (8) Any local agency certified as substantially equivalent may institute a civil action in any appropriate court, including circuit court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency does not have to petition for an administrative hearing or exhaust its administrative remedies before bringing a civil action. The court may impose fines as provided in the local fair housing law. History.—ss. 9, 10, ch. 83-221; s. 7, ch. 89-321; s. 2, ch. 94-91; 5. 418, ch. 96-406; s. 1793, ch. 97-102; s. 8, ch. 2013-207; s.4, ch. 2020-164. 760.35 Civil actions and relief; administrative procedures.— (1) An aggrieved person may commence a civil action no later than 2 years after an alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought under this section or s. 760.34 before bringing it to trial if the court believes that the conciliation efforts of the commission or local agency are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the commission or to the local agency and which practice forms the basis for the action in court. Any sale, encumbrance, or rental consummated before the issuance of any court order issued under the authority of ss. 760.20-760.37 and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under ss. 760.20-760.37 is not affected. (2) An aggrieved person may commence a civil action under this section regardless of whether a complaint has been filed under s. 760.34(1) and regardless of the status of any such complaint. If the commission has obtained a conciliation agreement with the consent of an aggrieved person under s. 760.36, the aggrieved person may not file any action under this section regarding the alleged discriminatory housing practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation agreement. (3) An aggrieved person may not commence a civil action under this section regarding an alleged discriminatory housing practice if an administrative law judge has commenced a hearing on the record on the allegation. (4) If the court finds that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive and other equitable relief, actual and punitive damages, and reasonable attorney fees and costs. (5)(a) If the commission is unable to obtain voluntary compliance with ss. 760.20-760.37 or has reasonable cause to believe that a discriminatory practice has occurred: 1. The commission may institute an administrative proceeding under chapter 120; or 2. The aggrieved person may request administrative relief under chapter 120 within 30 days after receiving notice that the commission has concluded its investigation under s. 760.34. (b) Administrative hearings shall be conducted under ss. 120.569 and 120.57(1). The respondent must be served written notice by certified mail. If the administrative law judge finds that a discriminatory housing practice has occurred or is about to occur, he or she shall issue a recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice, including quantifiable damages and reasonable attorney fees and costs. The commission may adopt, reject, or modify a recommended order only as provided under s. 120.57(1). Judgment for the amount of damages and costs assessed pursuant to a final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment. (c) The district courts of appeal may, upon the filing of appropriate notices of appeal, review final orders of the commission under s. 120.68. Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this subsection. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay an order of the commission. (d) This subsection does not prevent any other legal or administrative action provided by law. History.—s. 11, ch. 83-221; s. 8, ch. 89-321; s. 303, ch. 96-410; s. 1794, ch. 97-102; s. 5, ch. 2020-164. 760.36 Conciliation agreements.—Any conciliation agreement arising out of conciliation efforts by the Florida Commission on Human Relations pursuant to the Fair Housing Act must be agreed to by the respondent and www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 19/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine the complainant and is subject to the approval of the commission. Notwithstanding the provisions of s. 760.11(11) and (12), each conciliation agreement arising out of a complaint filed under the Fair Housing Act shall be made public unless the complainant and the respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the Florida Fair Housing Act. History.—s. 19, ch. 90-275; s. 9, ch. 92-177; s. 4, ch. 92-282; s. 3, ch. 94-91; s. 419, ch. 96-406. 760.37 Interference, coercion, or intimidation; enforcement by administrative or civil action.—It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of her or his having exercised, or on account of her or his having aided or encouraged any other person in the exercise of any right granted under ss. 760.20-760.37. This section may be enforced by appropriate administrative or civil action. History.—s. 12, ch. 83-221; s. 9, ch. 89-321; s. 1142, ch. 97-102. PART III MISCELLANEOUS PROVISIONS 760.40 Genetic testing; definitions; express consent required; confidentiality; notice of use of results. 760.50 Discrimination on the basis of AIDS, AIDS-related complex, and HIV prohibited. 760.51 Violations of constitutional rights, civil action by the Attorney General; civil penalty. 760.60 Discriminatory practices of certain clubs prohibited; remedies. 760.40 Genetic testing; definitions; express consent required; confidentiality; notice of use of results.— (1) As used in this section, the term: (a) "DNA analysis" means the medical and biological examination and analysis of a person's DNA to identify the presence and composition of genes in that person's body. The term includes DNA typing and genetic testing. (b) "DNA sample" means any human biological specimen from which DNA can be extracted or the DNA extracted from such specimen. (c) "Exclusive property" means the right of the person whose DNA has been extracted or analyzed to exercise control over his or her DNA sample and any results of his or her DNA analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis results. (d) "Express consent" means authorization by the person whose DNA is to be extracted or analyzed, or such person's legal guardian or authorized representative, evidenced by an affirmative action demonstrating an intentional decision, after the person receives a clear and prominent disclosure regarding the manner of collection, use, retention, maintenance, or disclosure of a DNA sample or results of a DNA analysis for specified purposes. A single express consent may authorize every instance of a specified purpose or use. (2) Except as provided in s. 817.5655, a person or entity may only perform DNA analysis with express consent. The results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent. Such information held by a public entity is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (3) A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received. The notice must state that, upon the request of the person tested, the information will be made available to his or her physician. The notice must also state whether the information was used in any decision to grant or deny any insurance, employment, mortgage, loan, credit, or educational opportunity. If the information was used in any decision that resulted in a denial, the analysis must be repeated to verify the accuracy of the first analysis, and if the first analysis is found to be inaccurate, the denial must be reviewed. History.—s. 1, ch. 92-101; s. 10, ch. 93-204; s. 1, ch. 94-90; s. 420, ch. 96-406; s. 1795, ch. 97-102; s. 15, ch. 98-251; s. 7,ch. 2001-127; s. 40, ch. 2005-39; s. 3, ch. 2009-190; s. 2, ch. 2021-216. 760.50 Discrimination on the basis of AIDS, AIDS-related complex, and HIV prohibited.— (1) The Legislature finds and declares that persons infected or believed to be infected with human immunodeficiency virus have suffered and will continue to suffer irrational and scientifically unfounded www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 20/24 2/6/23, 11:42 AM Statutes&Constitution :View Statutes:Online Sunshine discrimination. The Legislature further finds and declares that society itself is harmed by this discrimination, as otherwise able-bodied persons are deprived of the means of supporting themselves, providing for their own health care, housing themselves, and participating in the opportunities otherwise available to them in society. The Legislature further finds and declares that remedies are needed to correct these problems. (2) Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex, or human immunodeficiency virus shall have every protection made available to handicapped persons. (3)(a) No person may require an individual to take a human immunodeficiency virus-related test as a condition of hiring, promotion, or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question. (b) No person may fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge or belief that the individual has taken a human immunodeficiency virus test or the results or perceived results of such test unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question. (c) A person who asserts that a bona fide occupational qualification exists for human immunodeficiency virus- related testing shall have the burden of proving that: 1. The human immunodeficiency virus-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting human immunodeficiency virus infection to other persons in the course of normal work activities; and 2. There exists no means of reasonable accommodation short of requiring that the individual be free of human immunodeficiency virus infection. (4)(a) A person may not discriminate against an otherwise qualified individual in housing, public accommodations, or governmental services on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus. (b) A person or other entity receiving or benefiting from state financial assistance may not discriminate against an otherwise qualified individual on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus. (c) A person who asserts that an individual who is infected with human immunodeficiency virus is not otherwise qualified shall have the burden of proving that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with human immunodeficiency virus. (d) A person may not fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the fact that the individual is a licensed health care professional or health care worker who treats or provides patient care to persons infected with human immunodeficiency virus. (5) Every employer who provides or administers health insurance benefits or life insurance benefits to its employees shall maintain the confidentiality of information relating to the medical condition or status of any person covered by such insurance benefits. Such information in the possession of a public employer is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. An employer shall be liable in damages to any person damaged by its failure to implement such a procedure. (6)(a) Any person aggrieved by a violation of this section shall have a right of action in the circuit court and may recover for each violation: 1. Against any person who violates a provision of this section, liquidated damages of $1,000 or actual damages, whichever is greater. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 21/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine 2. Against any person who intentionally or recklessly violates a provision of this section, liquidated damages of $5,000 or actual damages, whichever is greater. 3. Reasonable attorney's fees. 4. Such other relief, including an injunction, as the court may deem appropriate. (b) Nothing in this section limits the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law. History.—s. 45, ch. 88-380; s. 14, ch. 89-350; s. 6, ch. 94-90; s. 421, ch. 96-406; s. 1796, ch. 97-102. 760.51 Violations of constitutional rights, civil action by the Attorney General; civil penalty.— (1) Whenever any person, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state, the Attorney General may bring a civil or administrative action for damages, and for injunctive or other appropriate relief for violations of the rights secured. Any damages recovered under this section shall accrue to the injured person. The civil action shall be brought in the name of the state and may be brought on behalf of the injured person. The Attorney General is entitled to an award of reasonable attorney's fees and costs if the Department of Legal Affairs prevails in an action brought under this section. (2) Any person who interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state is liable for a civil penalty of not more than $10,000 for each violation. This penalty may be recovered in any action brought under this section by the Attorney General. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated. History.—s. 4, ch. 91-74. 760.60 Discriminatory practices of certain clubs prohibited; remedies.— (1) It is unlawful for a person to discriminate against any individual because of race, color, religion, gender, national origin, handicap, age above the age of 21, or marital status in evaluating an application for membership in a club that has more than 400 members, that provides regular meal service, and that regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages directly or indirectly from nonmembers for business purposes. It is unlawful for a person, on behalf of such a club, to publish, circulate, issue, display, post, or mail any advertisement, notice, or solicitation that contains a statement to the effect that the accommodations, advantages, facilities, membership, or privileges of the club are denied to any individual because of race, color, religion, gender, national origin, handicap, age above the age of 21, or marital status. This subsection does not apply to fraternal or benevolent organizations, ethnic clubs, or religious organizations where business activity is not prevalent. (2) A person who has been discriminated against in violation of this act may file a complaint with the Commission on Human Relations or with the Attorney General's Office of Civil Rights. A complaint must be in writing and must contain such information and be in such form as the commission requires. Upon receipt of a complaint, the commission or the Attorney General shall provide a copy to the person who represents the club. Within 30 days after receiving a complaint, the commission or the Attorney General shall give notice in writing to the person who filed the complaint if it intends to resolve the complaint. If the commission or the Attorney General decides to resolve the complaint, it shall attempt to eliminate or correct the alleged discriminatory practices of a club by informal methods of conference, conciliation, and persuasion. (3) If the commission or the Attorney General fails, within 30 days after receiving a complaint filed under subsection (2), to give notice of its intent to resolve the complaint, or if the commission or the Attorney General fails to resolve the complaint within 45 days after giving such notice, the person or the Attorney General on behalf of the person filing the complaint may commence a civil action in a court against the club, its officers, or its members to enforce this section. If the court finds that a discriminatory practice occurs at the club, the court may enjoin the club, its officers, or its members from engaging in such practice or may order other appropriate action. History.—s. 12, ch. 92-177; s. 6, ch. 2020-153. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 22/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine PART IV MINORITY REPRESENTATION IN CERTAIN BODIES 760.80 Minority representation on boards, commissions, councils, and committees. 760.80 Minority representation on boards, commissions, councils, and committees.— (1) It is the intent of the Legislature to recognize the importance of balance in the appointment of minority and nonminority persons to membership on statutorily created decisionmaking and regulatory boards, commissions, councils, and committees, and to promote that balance through the provisions of this section. In addition, the Legislature recognizes the importance of including persons with physical disabilities on such panels. Furthermore, the Legislature recognizes that statutorily created decisionmaking and regulatory boards, commissions, councils, and committees play a vital role in shaping public policy for Florida, and the selection of the best-qualified candidates is the paramount obligation of the appointing authority. (2) As used in this section, "minority person" means: (a) An African American; that is, a person having origins in any of the racial groups of the African Diaspora. (b) A Hispanic American; that is, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean, regardless of race. (c) An Asian American; that is, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands prior to 1778. (d) A Native American; that is, a person who has origins in any of the Indian Tribes of North America prior to 1835. (e) An American woman. (3) In appointing members to any statutorily created decisionmaking or regulatory board, commission, council, or committee of the state, the appointing authority should select, from among the best-qualified persons, those persons whose appointment would ensure that the membership of the board, commission, council, or committee accurately reflects the proportion that each group of minority persons specified in subsection (2) represents in the population of the state as a whole or, in the case of a local board, commission, council, or committee, in the population of the area represented by the board, commission, council, or committee, as determined pursuant to the most recent federal decennial census, unless the law regulating such appointment requires otherwise, or persons of the underrepresented minority group cannot be recruited. When appointing members to a statutorily created decisionmaking or regulatory board, commission, council, or committee which was created to address a specific issue relating to minority persons, the appointing authority should give weight to the minority group that the board, commission, council, or committee was created to serve. If the size of the board, commission, council, or committee precludes an accurate representation of all minority groups, appointments should be made which conform to the requirements of this section insofar as possible. If there are multiple appointing authorities for the board, commission, council, or committee, they shall consult with each other to ensure compliance with this section. (4) Each appointing authority described in subsection (3) shall submit a report to the Secretary of State annually by December 1 which discloses the number of appointments made during the preceding year from each minority group and the number of nonminority appointments made, expressed both in numerical terms and as a percentage of the total membership of the board, commission, council, or committee. In addition, information shall be included in the report detailing the number of physically disabled persons appointed to boards, commissions, councils, and committees in the previous calendar year. A copy of the report shall be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate. In addition, each appointing authority shall designate a person responsible for retaining all applications for appointment, who shall ensure that information describing each applicant's race, ethnicity, gender, physical disability, if applicable, and qualifications is available for public inspection during reasonable hours. Nothing in this section requires disclosure of an applicant's identity or of any other information made confidential by law. History.—s. 1, ch. 94-213; s. 160, ch. 2020-2. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 23/24 2/6/23, 11:42 AM Statutes&Constitution:View Statutes:Online Sunshine PART V ENVIRONMENTAL EQUITY AND JUSTICE 760.854 Center for Environmental Equity and Justice. 760.854 Center for Environmental Equity and Justice.— (1) There is hereby established the Center for Environmental Equity and Justice. (2) The purpose of the center is to conduct and facilitate research, develop policies, and engage in education, training, and community outreach with respect to environmental equity and justice issues. (3) The Center for Environmental Equity and Justice shall be established at the Florida Agricultural and Mechanical University within the Environmental Sciences Institute. (4) The Center for Environmental Equity and Justice shall sponsor students to serve as interns at the Department of Health, the Department of Environmental Protection, and other relevant state agencies. The center may enter into a memorandum of understanding with these agencies to address environmental equity and justice issues. History.—s. 1, ch. 98-304; s. 440, ch. 2011-142. Copyright O 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.Ieg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html 24/24 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. Plaintiff Case no: 502021CA011182 Vs. Case no: 502019CA003185 CHING HSIEN YEH Division: AA, AI Defendant. Honorable Judge: GREGORY M. KEYSER Honorable Judge: G. CURLEY JURY TRIAL DEMANDED / KAREN CHING HSIEN YEH HO, HOMEOWNER,DEFENDANT,PRO SE, AFFIRMATIVE DEFENSE PURSUANT Fla.R.C.P. 1.110(d) KAREN CHING HSIEN YEH HO, aka Ching Hsien Yeh, homeowner, Defendant, Pro Se, according to Florida Rule of Civil Procedure 1.110(d), the following affirmative defenses must be raised when pleading to a preceding pleading. (1)Accord and Satisfaction (2) fraud, sham pleading (3) illegality (4) laches (5) License (6) Payment (7) Release (8) Res judicata (9) statutes of frauds (10) statute of limitations (11)wavier; and Page 1 of 4 CASE NO: (12) any other matter constituting an avoidance or affirmative defense. Karen Ching Hsien Yeh Ho, Defendant, pro se reserve the right to amend the AFFIRMATIVE DEFENSE TO THE COMPLAINT. WHEREFORE, Karen Ching Hsien Yeh HO, Defendant, pro se, respectfully moves this honorable court to dismiss the case for sham pleading and failure to state the claim. Respectfully Submitted by: /Date: Karen Ching Hsien Yeh Ho, Defendant, Pro Se 9174 Chianti Court, Boynton Beach, FL 33472 (561)460-1989 Page 2 of 4 CASE NO: Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 8 of 23 e�5..9` � RECEIPT co JOSEPH ABRUZZO 4196292 io �� .-. CLERK OF THE CIRCUIT COURT&COMPTROLLER 11 Printed On: , , PALM BEACH COUNTY.FLORIDA 10/0:2021 12:14 .'"-'ulna:w Page 1 of 1 Receipt Number:4196282,Date 10/0112021 Time 12:14PM Received of: Keith Backer 400 S.Dixie Highway,Suite 420 Boca Raton,FL 33432 Cashier Name: ADMIN Balance Owed: 438.60 Cashier Location: E-Filing Total Amount Paid: , 8.60 Receipt ID: 10535515 Remaining Balan e 11, 0.00 Division: AA:Circuit Civil Central-AA(Civll) Case#50-2021-CA-011182-XXXX-MB—PLAINTIFF/PETITIONER: 1 ENCE AT RENAISSANCE COMMONS HOA INC Item Balance 1 Pai , Bal RemainIng Fees 436.60 vyt 436.60 0.00 Case Total 436.6Qa, " 1 436.60 0.00 Payments ,4).„ Type Ref# 1 Amount EFiling_CREDITCARD 32458748 '' 436.60 Total Received ��4e 436.60 Total Paid '' s}y' 436.60 How was your service today? PleassIt}www.mvpalmbeachclerk.comisurvey or send your • feedback to clerkweb®mypalmb,�dshc?Pleaserwww.mvpalmbeachclerk.com/survey For office locations and inffrTgaboutClerk&Comptroller services: ipt Visit www.mypelmbeachcl rrliC�. ort r all(561)355-2996. i LY), Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 9 of 23 [fatan4l 0001 JOSEPH ABRUZ • Document Detail CLERIC OPTHE cmcort cou,irer.COM PTIu. PAM BEACH COUNTY MyPalmBeachCterk.c:om - (561)355•: Type: LP Date/Time: 10/6/2021 13;55:50 CFN: 20210460887 Home I New Search Book Type: 0 . Book/Page: 32934/936 Pages: 1 Click the Get Image button Consideration: $0.00 on left to view image. Party 1: LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS Party 2: HO KAREN CHING HSIEN YEH YEH CHING HSIEN • Legal: RENAISSANCE COMMONS, A PUD L41 L Cppyright©2021 by Newvision Systems Corporation.All rights reserved. 6 Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 10 of 23 OR BK.32934 PG 936 Filing# 135656120 E-Filed 09/30/2021 12:44:51 PM RECORDED 10106/2021 13:55:50 Palm Beach County, Florida AMT Joseph Abruzzo Clerk EN1 THI3 CIRCUIT.COURT OF•THE'15th Pg 0936;(1Pgs) JpDICIAtCIRCUiT IN AND F.01PA14vIBBACW, • cliU0t,t;R:o4p)A 104 ENO.. ° 1164.6 OftENCE'•AT REESANCE &ts **ONE HOMEOWNERS AS§OCIATION, INC • %'' ;Plaintiff, 'PION 1:404:1YPIAIKA H§JE-141-44-1*IfO,LINNNOWNOdOUPANT Il AND Al:4 OCCUPANT if efendants; US PENDENS .To„: NANgYABOVE ANDA41.,OTHE4S vitiii041TIVEAY t(*fgt.*. Y,OU ARE EIB'1111: .19 TIFIED OF TH11 FOLLOWINO! (a) Tho Plaintftatr this action against you seeking to'forceloso its' Claim of lien 'forisscqsplep4 with:respect'fro.top pity described cloy"; :Lot 41,OtRENAISSA.Nawt I ONE;A P.U.D.,acdordiiig to the'Plat thereOf tecofded lii :Plat Book 102,:pagcs 57.e. h 62,inclusive,of.tha Public Records:of Palm B each County, a-replatiOf portion.0.iorolan,recorded in Plat Book 43,Page 139,ptlh1ip:gepordsor Beach County, .(b) Th 6 date of tho ,act.0,,is the Lite indicated in the Clerk of the Couit's starap.ahrivo and tho.caso:numbcrof tho ,as shownidtho caption. ...Thq:Tril property that is the subject matter of this action is in Palm Beach dounty;Florida'•arictisJ 'cieScnted heroin.. THE I:4AT UREOE TH13 ACTION AND 1.4:1EEELIE.P souotyr AS TO THE POPEllatI$ '70:tbilEO.toE A CLAIM( UdFlIHNFOPAssszytEi,it§. *Dated thiS41clay ,2021. Backer AbouirPoliako.ff 8,i;FO elster Counsel for PlOgiff4ssopiarion 400 South Diatiel-lidffek;ik20 139Pa.ka.top;:17L 33432' (564361-8535: (561)361-3491 Fax 'Primary:drigginlBAPFLAW.coni. ,Secondary;epowergBATFLAW.com .BWs/Daniello'Riggin Denielle'Jtiggiri ,r43.1i 8,5,322 .ED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 09/30/2021 12:44:51 PM Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 11 of 23 CFN 202102E34854' 0413K 926o2 PO 6 'RECORDED 06/18/2021 12:46:40 'Palm Beach County,`FlpNda tialnstrunient prepared by and'to be returned to: ;Joseph llbrtrtzo Keith]?..Backer. Clerk Backer Abdud.Poliakoff&Foelster Cu) pgs 0008 .0(107;(2Pgs) 400 S.D&iaHwy,#420 13oca-Raton;FL.33.432� ( .61)161-8535 CLAW OF 1414N IOR.M sj1,q 5 A!1)3NTS STATE OF FLORIDA ;} : es' CODNT OF PALM BEACH:') ' :.:.�.4Y his instrumenm t was acknowledged before e.ttiis 'da ol:7iine�2021 I.•��:t,A:Ri agent of`La Florence at Renaissance Common's$omeowneis Assooc atib>n,Inv:,a'•.• `�t;_ . . on behalf of the'corporatipntie ispersonally knpivn to ineand has taken•ari oath' : ,. •a'upies the • "office'set.ferthabove.of.thereferencedassociatinnwhose post tiffce'address • 1 • � " ..Forest141 Blvd:,Bale 4320,Wellington,4,.-33414 and that pursuant to the Deolaiatto'Li Co'enants binding the su 4ect property,the corporation is owed the following grabijnts for asset siite, ; 'The•amutintsduetheassociationare asdollowsr .a �!' Juns.l,2018.ibrough•December 1,2019 Monthly Assassin=s!.s::+` (19©$220,00); 4. 4,180.00 • *January,1,202(1 througJun h e.,2021 MonthlyAsse :a' (18@$240 00): `r .4!320.00 'Special Assessments(1I/1/19&12/1/19) ,ii., ' G .(2a$2.56.0 0); a '1;, .500:00 Admin Pees• (5: *arras !as 'Interest(rata of:18%per annum) t, ,_1i •'y`'/2021; ,5 i' Certified Mail Charges:. 1:0.00. t therCosts: 44.7! Attorney Fees.(Covenattt B :.•i= t): . 19:_vie Attorney Fees(Colic• tj s •660.0! Total Payinents: 7 `--7 ..i:;54Q 00 TOTAL•CL•;,,,1 D 0% STANDING: li7' . 0' ' 4.1'41: I 1•f lien shall also Secure,all unpaid.assessments,'inteiest;costs and attorney's fees, .which 1. • 'w id which niay accnia subsegiient to the date of this Claim of Lien and up to'entry of of ',,:':aq,:! of foreclas4re, 'The lienor,corporation claims this.1101 on ihefollowiiig'descriibed rear property: :Lot 41,of BBNAJSSANCE COMNj,ONS,A P,11.1).,recording to.the Plat thereof recorded iii `Plat Book 102,pages 57;through{2,inclusive,of the Public Records of Palin Beach:County,. :Florida,asepl`at ofportion of"Motorola";recordedin.Plat 13ook43,`Page 139,PublicReoards of 'Palm Beach County,.Florida. •The cuisent owner of ivliieh is Ching}hien Yeh'e/k/a Karen Ching Hs— len Yah Ho.. • r ' 1 Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 12 of 23 . . CFN 20210284954 - BOOK 82602 PAGE 7 2 OF 2 , Lu Florence at llizni4.5noop commons.Hrmfaiifters-Assuchitionilno. Claim of Lieillyah)zio i!.#804 of 2 • The amount'duo.the Upon;IleMaW.Oittstanditi g as Of the 14th dayoUtrna,2021: • I laTtorertatkatite-IssandO C$Ornonsliomeovinent . .4:13y . • . Danielle. ig,gin.: /Agent. Ak . . . • 9.-- .coilli:y. 0/Palin Beach,') Slata of Florida. ) •• „, Swim tkor affirmed).dinidaubSoribed before me tv,t.neaps of x. stC1.:.l';ends•:oi Et°Mina. notarizition,this•;4th day alum,-10. 1,by Din16116 Rigi;in.4..,...L'il.t.• . : Florence Ikt*ncLiss.citcp' Commons Homp.ownars Association,Inc.who is •erstmal1 10 vitt! u.; or has producod a diivars lieonso as identigoation. •-. .i. ..,• .. _ . Notary Seal:. • • , '1.... . L5cf,.....3,.....,... .•:1,.... .:".. . ., • , T (Sign'tore s•' ,rc.:... il q.. gacknowladgment). .• . A:. ...'.e.' A4..tSv_iii41.17-1.N°111Y1Q.C'^f. (Na.::. t tvp! prhited Of stamped) . • ' ,, ..... -...!,....66,;.,61.4...0-.,. . "ti. . ,.0runksion fl GG 727976 . ' ' - Bri-ncrn1 Z*Pfres..hti 12,2014.1* ---': ;,,47.r.„,..741 Wourh Nation'No faryks, ? GI- :or rant) ... . ----'"f-'37"="•,,,,,.•7:.-:. .„ , • - . ;4 ; ., .„ . •- • .: .:(Seriatnumb or;if oily). 'RERE ;v ENIA.Ric . ."4:• .-tiotaty f a•Iti.4,. rte 0 Fla A I, .,. ',..:il . corm t s ell,.0.17976 I• :i '.'11tA,•, IA) .,„ik. . '.'.••••!.. -12.202•2 4Conde, ra 0;;L;rttona otaryAsn• ,4, • - -U... • • Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 13 of 23 Select Year: r 2021--v : r ,,J«z}"-- - .,AGO ` The 2021 Florida Statutes Title XL Chapter 713 View Entire Chapter REAL AND PERSONAL PROPERTY LIENS, GENERALLY 713.31 Remedies in case of fraud or collusion.— (1) When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such lienor is entitled under this part by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments permitted or required under this part relating to the improvement of real property hereunder to the detriment of any such lienor, the circuit court in chancery shall have jurisdiction, upon a complaint filed by such lienor, to issue temporary and permanent injunctions, order accountings, grant discovery, utilize all remedies available under creditors' bills and proceedings supplementary to execution, marshal assets, and exercise any other appropriate legal or equitable remedies or procedures without regard to the adequacy of a remedy at taw or whether or not irreparable damage has or will be done. (2)(a) Any lien asserted under this part in which the lienor has willfully exaggerated the amount for which such lien is claimed or in which the lienor has willfully included a claim for work not performed upon or materials not furnished for the property upon which he or she seeks to impress such lien or in which the lienor has compiled his or her claim with such willful and gross negligence as to amount to a willful exaggeration shall be deemed a fraudulent lien. (b) It is a complete defense to any action to enforce a lien under this part, or against any lien in any action in which the validity of the lien is an issue, that the lien is a fraudulent lien; and the court so finding is empowered to and shall declare the lien unenforceable, and the lienor thereupon forfeits his or her right to any lien on the property upon which he or she sought to impress such fraudulent lien. However, a minor mistake or error in a claim of lien, or a good faith dispute as to the amount due does not constitute a willful exaggeration that operates to defeat an otherwise valid lien. (c) An owner against whose interest in real property a fraudulent lien is filed, or any contractor, subcontractor, or sub-subcontractor who suffers damages as a result of the filing of the fraudulent lien, shall have a right of action for damages occasioned thereby. The action may be instituted independently of any other action, or in connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action to enforce or to determine the validity of the lien. The prevailing party in an action under this paragraph may recover reasonable attorney's fees and costs. If the lienor who files a fraudulent lien is not the prevailing Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 14 of 23 party, the lienor shall be liable to the owner or the defrauded party who prevails in an action under this subsection in damages, which shall include court costs, clerk's fees, a reasonable attorney's fee and costs for services in securing the discharge of the lien, the amount of any premium for a bond given to obtain the discharge of the lien, interest on any money deposited for the purpose of discharging the lien, and punitive damages in an amount not exceeding the difference between the amount claimed by the lienor to be due or to become due and the amount actually due or to become due. (3) Any person who willfully files a fraudulent lien, as defined in this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of this subsection, shall forward a copy of the indictment or information to the Department of Business and Professional Regulation. The Department of Business and Professional Regulation shall promptly open an investigation into the matter, and if probable cause is found, shalt furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation. History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 12, ch. 77-353; s. 260, ch. 79-400; s. 9, ch. 80-97; s. 15, ch. 90-109; s. 8, ch. 95-240; s. 818, ch. 97-102; s. 6, ch. 2003-177; s. 13, ch. 2007-221. Note.—Former s. 84.311. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us • 1 Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 15 of 23 Select Year: 12021 v)1 $ J The 2021 Florida Statutes Title XLVI Chapter 843 View Entire Chapter CRIMES OBSTRUCTING JUSTICE 843.0855 Criminal actions under color of law or through use of simulated legal process.— (1) As used in this section: (a) The term "legal process" means a document or order issued by a court or filed or recorded with an official court of this state or the United States or with any official governmental entity of this state or the United States for;he purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act, "Legal process" includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order. (b) The term "person" means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals. (c) The term "public officer or employee" has the same meaning as provided in s. 817.535. (2) A person who deliberately impersonates or falsely acts as a public officer or employee in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is the intent of the Legislature that this section applies if a person acts as an officer or employee purporting to supersede or override any legislation or statute of this state, or to supersede or override any action of any court of this state. 1(3) A person who simulates legal process, including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings, knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who falsely under color of law attempts in any way to influence, intimidate, harass, retaliate against, or hinder a public officer or employee involving the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)(a) This section does not make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority. i (b) This section does not prohibit individuals from assembling freely to express opinions or designate group affiliation or association. (c) This section does not prohibit or in any way limit a person's lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process. History.—s. 1, ch. 97-203;s. 2, ch. 2013-228. Copyright ©1995-2021 The Florida Legislature • Privacy Statement • Contact Us Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 16 of 23 Select Year; 2021 v j F;.k:p. The 2021 Florida Statutes Title XLVI Chapter 877 View Entire Chapter CRIMES MISCELLANEOUS CRIMES 877.01 Instigation of litigation; penalty.— (1) Whoever gives, promises, offers or conspires to give, promise, or offer, to anyone any bribe, money, goods, presents, reward, or any valuable thing whatsoever with the intent and purpose of stirring up strife and litigation; or with intent and purpose of assisting, seeking out, influencing, or advising the accused, sick, injured, uninformed, or others to bring suit or seek professional legal services or advice, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever, in any way, solicits, receives or accepts or agrees to receive or accept, or who conspires to receive or accept, any bribe, money, goods, presents, reward, or any valuable thing whatsoever, or any promise, contract, or agreement whatsoever, with the intent and purpose of stirring up strife and litigation; or with the intent or purpose of seeking out, influencing, assisting, or advising the accused, sick, injured, uninformed, or others to bring suit, or seek professional legal services, counsel, or advice, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person violating the provisions of this section shall not be privileged from testifying, but if the person does testify in response to a subpoena issued by the state attorney or court having jurisdiction of such offense, nothing said by the person in his or her testimony shall be admissible in any civil or criminal action against him or her, nor shall the person be subjected to any penalty or forfeiture for or on account of any such testimony or evidence so given or produced. i(4) Nothing herein shall apply to the division of legal fees by and between attorneys at law. (5) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect. 'History.—ss. 1-5, ch. 59-381;s. 1145, ch. 71-136; s. 34, ch. 73-334;s. 1424, ch. 97-102. I . Copyright O 1995-2021 The Florida Legislature • Privacy Statement • Contact Us Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 17 of 23 Filing# 135656120 E-Filed 09/30/2021 12:44:51 PM • IN THE CIRCUIT COURT.OF THE 15th JUDICIAL CIRCUIT IN&D.Phil.PALM BEACH COUNTYi`FLORIPA 1-43:4!.. .04H.NWA:. T RENAISSANCE COMMONS:HOMEOWNERS,ASSOCIATION,INC., •Plaintiff, 'CASE NO; ,:41k y. Allir •diENG:iiSlEatill'ATK/AKAREN' Alb .2„ ClipjGHSIENYEll Hp,'UNICNOWN-OCCUPANT I. ..... .4,.., •AND UNICNOWN OCCUPANT II; Defendants. • .... 4 . 4; COM.P4A.INT. • : .. At, --it• ..i...._ , The Plaintiff indicated in the style :a.ok, 'IA. FLORENCE AT RENAIS-SANCE .„:,.. 4.4.., COMMONS'HOMEOWNERS ASSOCJ ;.tih. . herertfter'referred:to as nAsscidiation;!' ! sues,the.Defendants; CHING IISTEN. lik. •ICAREN CHING TISIEN'YEIIII:I0;hereafter referred to as "Owner ' and '401!. : ?OCCIJPANT,I:and:PNICNOWN OCCUPANT:It and [ ,tP , Oates: . i COUNT ONE. 1. ,is is r action to foreclose a Claim of Lien for assessmentsin accordance with . •.. . the Dep_t,i ionn. ovcrtants which governs,the subject property and runs withthe land. 11..w. .h -, 1; Association is'aElbrida corporatiOri,not,fOrproEt'opefatitig .Ito.ChaPter, -,z-• 2.yla.Stat.in the County where this action is'filed.. 3 Owner is the fee simple owner of the real property described on the claim of lien attached to this complaint and identified as'Exhibit M.11. i .ED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 09/30/2021 12:44:51 PM • pug iolugui.hi.1s01Nut ap 01m lupp n0n.s.ituy*...01tuistp:suil jeopkrqiis'.041 41.14110dold dtti. tri iiii01-ul.03 0.(14 Wilditnisnilip Amu ILLINIVelf1000 Isl&ONXINIcliugPtiaJoa 'ZI: Trp.10Rppciposap sp.nopulp ossv..3.3pupqa go,3s0,7ourE0M:0;.almulpidepsi 'puo lopoprl 911=9114.10 Plt4'MO.9t.' Amt. ''blncisFP'PP 3°)?6itiiit:olli.51 Itt1.11419.4,01' 't• . AI IPINui jb 4211 adios Tapp,cinu.'1ltiVcif1D0 0 NAIONNINIII'411uPuogia liktc • $)* ?imp 4.,. TP11Pg. .asusopa..;m-slOrgg 01 uppaoanl•suompuo0 UP tiljtikpaiiiitlioo sac.o4i' :Fos •pj: 'sPilitaon. aquo no.puppt.g Jo mita am in ssstamolls :, 0A00(0;pazpomng sl uompossy Eignamnoop SuppA0 pm M lupn.s.mTpus lms•gi 11:;,()Z-::. 141110.0l.lugnPact '6 .speruss,assu meted'..644,:s.-,i,"'-:ro6 uoannottcsaaj Asiwowipun'ditch '',4' ' % alaltri islubiuss0sgs ppiduliffu:siinoa !0 '', , ; .40 alai-don:0 npip 010 eS0160101.01PapAii0 ',....7-' '''-1,•-• sl uopepossv pug luanbuipp ..,:1 ' s ''s 0;sultan paptat s4Uatussassg.0ta ....8, luleplinco.spp 0.2.x A.,,,!-;-[ :.g pwatt pagoups si nalisq unyp 0q1:Taigoor al loopuroty ki. - . ..... „;Conon,otivjp:spxo:% ”ind.oTp in papionoi'sl xoll Ma Fpakto sitmovin otti Aid.%oinitnj oV jolinsolo,,n:!.11 siz0nAib Isulaiiraifjo inigio*pap"1000.1 sinfitoinifocissv •'1,, Ali .0gplAd FR .sp sisgq.41um 0.np.00pAupluspss:s0m.40.4p;palm silvan/6o •9. • 'natio Aq poiuska-*live*Avail .00StrOa3t0:116116i106.10.11021iiSS2*.blitiiij.sig:teguposiii,-aonunigamotli tr!papptozd.so.sloond; isupiihrsasaadxa mounnoo ioj guatussassp 1o3no0 pug knot;gut upippussy. .g. •qopoloossygOoquennla spo.nieto •tx INITV'litIA100 YIY.J,EVOH HU REtIgH ON320 Rtturi.Ww.Ina 14,91fitoME6..tii 'ONIANI.OINVIDOSSV'SIIHIVAOEM011 smoviploa,pNygryapi!praptnnuntrin . . EZ 10 8T o6Pd TZ0Z/SZ/OT ieoa asmi uo paialu3 9lueumooa INWCI-888T8-A0-TZ:6 asVO Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 19 of 23 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION,INC: V.CHING HSIEN.YEN.A/K/A KAREN.CHING:HSIEN?EH.HO;ET AL. COMPLAINT. 15. •Association realleges the allegations contained in paragraphs.l through 6. inclusive and paragraph 13 as:if all-fully set forth herein. 16, Association his entitledto recover all unpaid assessments,interest;costs;expenses,. late charges,.if any,,and reasonable attorneys' fees incident to the collection of the amo „ cue. •Association'is entitled to a judgment for damages: 17 Owner hasfailedto pay the amounts due the Association,an' teelation.is :entitled to a judgment:for all amounts due. WHEREFORE,Association demands the following rel•_ s quests the court• determine; A; The amount of assessments;'late erest Association is entitled to 1104 ` r 'recover, B. The:amount of attorneys,, :- ,c e and expenses incident to the:collection of the assessments.Association is entitl-2'"•poi!, er;and C. Enter a jud assent in, amount determined due against Owner in addition td any other relief this court ,ay dee, distand proper. .Dated • y of. Qi'cQ cv\jac ( ,2021. Backer Aboud_Paliakoff.4 Faelsfer Counsel-for Plaintiff-Association 4111e400 South DixieHighway,,##420 Boca.Raton,.FL 33432, (561)361;8535' (561)361.3491.Fat: Primary:;drigginQBAPFLA.Wcom Secondary:epower(aZBAPFLAW.com By:is/Danielle Riggin. Danielle Riggin FBN:85322 Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 20 of 23 ' . F1.20210284954' OR BK 32602 PG 6 RECORDED 00/1.8/2021 12:46:40 Rah Beach Cotint ,'Florida •-:., .Thiiinstroment prePared by andla be returned to: , Joseph Abruzzo KeithF..Baoker Clark Backer Aboud Poliakoff&Foeliter(CP) Pgs 00060007;(2Pgs) 400 S.Dixie Hwy,#420 Boca.Raton;FL 33432" 04)361-8535 CLAIM'OE 1..IEN FORASSESSIONTS STATE OFFLOltiOA ...) : ss. COUNTY OF PALM BEACH;) This instrument was acknowledged before pc this 14th.cirty of Attie;2021 to)D1 ani Riggin,, :!: agent of'Le Florence at Renaissance Commons Homeowners Association,be:,a F .-",;1 o' oration,on behalf of the corporation..She is perSonally ktioivii to me and has taken an oath la t4„.: upies the office set forth above of the referenced association whose post Offiee•address'M. •5.' Forest Hill Blvd.,Stiited320,Wellington, 33414 and that pursuant to the beciaratio ICOyenants binding the subject property,the corporation is owed the folioning amounts for asseSSiiie 8'The.airietint4 Ate-the aSsociritintfere as follows:- - 4Lf.1 • June'',201.8 through December 1,2019.Monthly ASSe.Sstia . s:''It:. (0@$ 0.P0): . .., 4,180.00 January'',2020 through June'1,2021 AssessMonthlyyt;,,Its, (t8g$ 49-00); . - lit "Ntm, .4,320.00 L" 'Special Assessments(11/1/19&12/1/19) rii; •.(2@.12kgq); 50001 1 . , Admin Fees;; ...*: . 5,0-01 LaterFe.3; . .1.ekt 375.01 . . , . interest(rate of.18%per annum) I o,_Ii 40/2021: 595. 1' 41?-0,0 ---t.. ,I . ..Certified Mail ChargFs: 4. iatti o. 'Other Costs: r :Attorney Feas.(Covenant ', l'fp-. .ant): 1980,0 .. 1 ,Vt d 0• , .Attorney Fees(Co1le ai!t ; '660.01 Total Pay cats: 11; '4' ($8;540.00) TOTAL CL 'ED 0 STANDING: .:.- 421;14-5.21) jtct)0 0 ii .'i 4,1.1: ur.f lien shall also secure all unpaid interest,costs and attomoyS fees, 4 re.ft which I a da'-'41.nd which may accrue subsequent to the date of this Claim of Lien and up to'entry of e: Engin i'ill..... " of foreclosure, 45.1:1A4.1$4. " The lienor.corporation claims this lien on the following described real property . :.I,oi 41;of RENAISSANCE COMMONS,AP.U.D.,according to.thaPlatthereecrecorple 4.14 Hal Book 102,pages 57;through 62;inclusive,of the Public Records of FalinBeach:CountY, ;Florida',a replat Of portion ofMotorola',recorded In Plat Book 43,Page 139,Public Records of' 'Palm Beach County,.Flotida, The ciiireig°Whet of*hich is Ching Bolen Yeh diqa1Caren Ching Hs- len Yeh Ho. .........r..004nr. ,...c....,,,...,,, ,,,,!\: • 11*.....;'.,•:''',1E,X1-11BIT,.'z.;.:;-:.: 'a:.:c.:':-.':.::,;••• ..;•:•''.....1-;:f;:::':%;•:::t a iis....,.....::.,..„....:.•:...:.:•,..•,.:.:,..; 1„ , , ,„ .,.,i.:.v-. a ..,,..,...,-,....,................,._.... , • case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 21 of 23 CFN 20210284954 BOOK 32602 PAGE 7 2 OF 2 La Florence at Renaissance Commons Homeowners Association,Inc. Claim of Liantyehto i.lige?of 2 Tho amount dye pia lienor remaine entstanding as Of the 14th day°Mule,2021: La Florence at It- :issande CoaMmons;Homeowners Association a ' . By .21. Danielle 1liggin/Agent 40.-- ...,,,* . :.. % . .: , -14e. 1.' ' t, , Ceenty•of Palm Beach ) 92.....,x State of Florida• ) •,•••- Sworn to(or affirmed)and subscribed before me by means of x 1hs . • solace or 0 online. notarizaticm,this'14th day of June,2021,by Daniailo Ritkin, g.;/*It c if a Florence atRenaissance Commons Homeowners Association,Inc.who is nosht ii a or has produced a drivers -iv . licenseas irielitifieatioh. 4- , :. • Notary Seal:, . -1...._ it1"\-iiikh , 1 (Si tore 4 esta. .g acknowledgment) .1,... I .. • ".: `:,_ . ,...biLs\Ty-lc...J-144' . :...? . IA.tikaryargitc7,esrie olx - :: (N=.1;to Rfr,firinted or stamped) 0 71) Canunission a Gn 23,91616:42' • ''' ' S' .. „,_-_,:41YtEo_min•Extern JOI12,202;';' i - ': „sec. .,.'s,, ,t,„. ,.4uushtlatiorTat Notarykir ? 4 (Ti o or rank) • (Serial.number,if any). \'7,7s*:,' — Rpris • EJAkM7St ciz:I. (ti..‘ 411:1"IltatIlum llo t723.37976 ; jj M 6 C.I al.. 412,2022 ' Bondi. to — -.tIona otaryAssrt,7), .,. . .,, Case 9:21-cv-81888-DMM Document 6 Entered on FLSD Docket 10/25/2021 Page 22 of 23 PALM BEACH COUNTY SHERIFF'S OFFICE—SWORN STATEMENT Per FL statute 837.012, whoever knowingly makes a false statement under oath Shall be guilty-of a misdemeanor of the first degree punishable by imprisonment up to 1 year. ©WITNESS OVICTIM DOTHER • -- . CASE#: ZONE: SUSPECT. DATE&TIME OF ORIGINAL EVENT/OFFENSE: EVENT TYPE: DEPUTY:, ID#: COMPLETE EVERYTHING BELOW—PRINT LEGIBLY LAST NAME: FIRST NAME: MIDDLE INITIAL: RACE: SEX: DATE OF BIRTH: (MM/DD/YYYY) YOUR HEIGHT: YOUR WEIGHT: YOUR HAIR COLOR; YOUR EYE COLOR; YOUR HOME ADDRESS: D CHECK IF HOMELESS CITY; STATE: ZIP: YOUR WORK NAME&ADDRESS: D CHECK IF UNEMPLOYED OR RETIRED CITY: STATE ZIP: WORK PHONE: 0 CHECK IF NONE CELL PHONE; El CHECK IF NONE HOME PHONE: 0 CHECK IF NONE EMAIL ) ❑CHECK(F NONE ( ) ( ) ( WRITE WHAT HAPPENED IN YOUR WORDS IN FULL DETAIL—PRINT LEGIBLY YOUR NAME: •I DO HERESY VOLUNTARILY MAKE THE FOLLOWING STATEMENT WITHOUTTHREAT, COERCION,OFFER OF BENEFIT,OR FAVOR BY ANY PERSONS WHOMSOEVER._ • • • • - - 11 , - - - • • • • PAGE OF READ AND SIGN I SWEAR AND AFFIRM THIS AND/OR THE ATTACHED Q DEPUTY 5HERIFF C NOTARY PUBLIC FSS:117.10 STATEMENTS ARE CORRECT AND TRUE: SWORN TO AND SUBSCRIBED BEFORE ME TODAY: DATE: TIME: • YOUR SIGNATURE: X SIGNATURE: ID: IF YOU DO NOT WISH TO PROSECUTE,COMPLETE THE ABOVE STATEMENT,READ THIS DISCLAIMER AND INMAL BELOW:I AM OF LEGAL AGE AND I AM THE REPORTED VICTIM OF A CRIME UNDER FLORIDA LAW.I HEREBY SLATE THAT I WILL NOT COOPERATE ANY FURTHER WITH THE INVESTIGATION OF THE ALLEGED CRIME.I FURTHER RELEASE THE PALM BEACH COUNTY SHERIFF'S OFFICE OF ANY PRESENT OR FUTURE RESPONSIBILITY AS TO MY CASE. I ACKNOWLEDGE THAT I UNDERSTAND MY RIGHTS AS A CRIME VICTIM, PARTICULARLY REGARDING VICTIM COMPENSATION ELIGIBILITY, WHICH INCLUDES SUCH BENEFITS AS REIMBURSEMENT FOR: DISABILITY;LOST WAGES;LOSS OF SUPPORT;MEDICAL,DENTAL,MENTAL HEALTH COUNSELING AND FUNERAL EXPENSES.I AM AWARE I MAY BE GIVING UP THESE RIGHTS FOR MY FAMILY AND MYSELF BY INITIALLING BELOW.I AM TAKING THIS POSITION OF MY OWN FREE WILL KNOWING THAT THE CASE CAN ONLY BE FURTHER INVESTIGATED AND PROSECUTED WITH MY COOPERATION. 0 DO NOT WISH TO PROSECUTE(INITIAL ) (PROSECUTION WAIVER NQTTD BE USED FOR CASES INVOLVING DOMESTIC OR DATING VIOLENCE PER G.O.5PB.00) _ - ;;;-1• TI• • - • - - -• • : %• • - i -i - - - - - • - - Page 8 of 8 216 CERTIFICATE OF SERVICE 217 I HEREBY CERTIFY that the forgoing has been filed served through Certified U.S. 218 Regular Mail upon LA FLORENCE AT RENAISSANCE COMMONS 219 HOMEOWNERS ASSOCIATION INC. the following service list on October 25, 220 2021. SERVICE LIST: YEH CHING HSIEN: LA FLORENCE; CHING HSIEN YEH LA FLORENCE AT RENAISSANCE Ask Karen Ching Hsien Yeh Ho COMMONS HOMEOWNERS 9174 CHIANTI COURT ASSOCIATION INC. BOYNTON BEACH, FL 33472 TITLE: PRESIDENT (561)460-1989 LARRY SCHER(FBN:890390) Aka Larry Scher 1567 Via Alferi Boynton Beach, FL 33426 Position at Office of Regional Counsel • Fourth District LA FLORENCE: LA FLORENCE: LA FLORENCE AT RENAISSANCE LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS COMMONS HOMEOWNERS ASSOCIATION INC. ASSOCIATION INC. TREASURER DIRECTOR • DAVID MEDNICK MATT AUSTIN 1410 NW 48th St. 1588 Via Alferi Boca Raton,FL 33431-3334 Boynton Beach,FL 33426 LA FLORENCE: LA FLORENCE ATTORNEY LA FLORENCE AT RENAISSANCE BACKER, ABOUD, POLIAKOFF & COMMONS HOMEOWNERS FOELSTER ASSOCIATION INC. 400 S. DIXIE HWY SECRETARY SUITE#420 TOM O'BRIEN BOCA RATON,FL 33432 1310 Piazzi Pitti Boynton Beach,FL 33426-8272 • UNITED STATES DISTRICT COURT STATE OF FLORIDA SOUTHERN DISTRICT OF FLORIDA DEPARTMENT OF BUSINESS AND OFFICE OF THE CLERK—ROOM PROFESSIONAL REGULATION 8N09 2601 BLAIR STONE ROAD 400 NORTH MIAMI AVENUE TALLAHASSEE,FL 32399-0782 MIAMI, FLORIDA 33128-7716 221 Respectfully submit b : 222 / DATE: /e/4 .0,./ 223 C G H IE YEH,PRO SE, Defendan Case number: 9:21-CV-81888-DMM • r• - - • - - - - • Page 1of8 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF FLORIDA 3 WEST PALM BEACH DIVISION 4 CASE NO.:9:21-CV-81888-DMM 5 ' LA FLORENCE AT RENAISSANCE FILED BY c,45 D.C. 6 COMMONS HOMEOWNERS ASSOCIATION INC. 7 (A non-profit corporation, F.S. 718) OCT 25 2021 8 Plaintiff, ANGELA E.NOBLE 9 Vs. CLERK S.O.OF U.S. FLDIST..- T. W.P.B./ C 10 CHING HSIEN YEH. Aka 11 KAREN CHING HSIEN YEH HO, . 12 Defendant. 13 JURY TRIAL DEMANDED / 14 THE AFFIRMATIVE DEFENSE TO THE LA FLORENCE AT 15 RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION 16 INC.'S COMPLAINT 17 18 YEH CHING HSIEN, Yeh Ching Hsien,Pro Se pursuant to Federal Rules of Civil 19 Procedure 8 respectfully filed this AFFIRMATIVE DEFENSE to the complaint with 20 attachment of filing City of Boynton Beach Policy Department ' 21 The LA FLORENCE indicated in the style above, LA FLORENCE AT 22 RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. hereafter referred to 23 as"LA FLORENCE," sues the YEH CHING HSIEN, CHING HSIEN YEH A/K/A KAREN 24 CHING HSIEN YEH 110,hereafter referred to as"HOMEOWNER" states: 25 COUNT ONE AFFIRMATIVE DEFENSE: 26 1. LA FLORENCE has waived any entitlement to the relief sought by accepting 27 payment in full every month on time,cashed Defendant's payments on time very Case number: 9:21-CV-81888-DMM • - -: ::: : : • • - • - -. • : a• - ; - - :- = . • - • - - Page 2 of 8 28 month and never late from Defendant, YEH CHING HSIEN payments to La Florence 29 Homeowners Association Inc.. 30 2. YEH CHING HSIEN does not owe any obligation to pay under"Firenze-La 31 Florence". 32 3. "Firenze-La Florence"is a not legal entity. "Firenze-La Florence"is not on 33 Sunbiz.org. 34 4. YEH CHING HSIEN does not have contract with illegal entity "Firenze-La 35 Florence". 36 5. LA FLORENCE's claim for relief is barred by payment, accord and satisfaction. ' 37 6. LA FLORENCE has not complied with the conditions precedent for the bringing of 38 an action against YEH CHING HSIEN. 39 7. YEH CHING HSIEN as prevailing party is entitled to an award of her attorney's fees 40 and costs against the LA FLORENCE pursuant to the provisions Fair Debt Collection 41 Practice Act. 42 8. LA FLORENCE's claim for relief is barred by fraud with demand for amount NOT 43 DUE. 44 9. LA FLORENCE's claim for relief is barred by fraud and illegality by filing fabricated 45 lien against YEH CHING HSIEN's real estate property. A lien was filed on October 46 6,2021 see LIS PENDENS (CFN: 20210460887 BK 32934 PG 936); 47 MISREPRESENTATION TO THE COURT AND FILEI?LIEN AGAINST YEH 48 CHING HSIEN'S PROPERTY 1305 VIA DE PEPI, BOYNTON BEACH,FL 33426. 49 PALM BEACH COUNTY. CLAIM OF LIEN was filed on June 18, 2021 in Palm Case number: 9:21-CV-81888-DMM _ . - - t-: ;;;_ , , i i . - • - -• • i i. - i _ _ i_ _ . s - - • - - Page 3 of 8 50 Beach County Public Records lien on FOR ASSESSMENTS NOT OWED. SEE 51 CFN: 20210284954 BK 32602 PG 6) 52 10.LA FLORENCE willfully exaggerated the amount for which such lien is claimed. 53 11.LA FLORENCE's willfully included a claim for work not performed upon or 54 material not furnished for the property that is the subject of the lien. The claim of • 55 lien is attorney fees. For what kind of merit for the case or cause of action? 56 12. LA FLORENCE's compiled the lien with such willful and gross negligence as to 57 amount to a willful exaggeration the amount for which such lien is claimed. 58 13. YEH CHING HSIEN as prevailing party is entitled to an award of her attorney's fees 59 and costs against the LA FLORENCE pursuant to the provisions filing fraudulent lien 60 against 1305 Via De Pepi, Boynton Beach,Florida 33426. Palm Beach County. 61 YEH CHING HSIEN became a victim of a crime when LA FLORENCE broke the 62 law under Florida Statutes 713.31(2)(a). 63 14.LA FLORENCE using false and exaggerated claim which is "fraudulent lien"for 64 foreclosure action to benefit LA FLORENCE and attorney. 65 15. LA FLORENCE has engaged in retaliatory foreclosure action without just cause and 66 in that regard,has acted in bad faith. 67 16. LA FLORENCE fails to state a cause of action upon which relief can be granted. 68 17. Florida Statutes Section 713.31 Remedies in case of fraud or collusion. — i 69 PROVIDES: 70 (1) When the owner or any lienor shall, by fraud or collusion, deprive or 71 attempt to deprive any lienor of benefits or rights to which such lienor is 72 entitled under this part by establishing or manipulating the contract price Case number: 9:21-CV-81888-DMM ase •: - v-: :::-. v r w• I - : - • • - i D• - - : - " i" " - . . - • Page 4 of 8 • 73 or by giving false affidavits, releases, invoices, worthless checks, 74 statements, or written instruments permitted or required under this part 75 relating to the improvement of real property hereunder to the detriment of 76 any such lienor, the circuit court in chancery shall have jurisdiction, upon 77 a complaint filed by such lienor, to issue a temporary and permanent 78 injunctions, order accountings, grant discovery, utilize all remedies 79 available under creditors' bills and proceedings supplementary to 80 execution, marshal assets, and exercise any other appropriate legal or 81 equitable remedies or procedures without regard to the adequacy of a 82 remedy at law or whether or not irreparable damage has or will be done. 83 (2)(a) Any lien asserted under this part in which the lienor has willfully 84 exaggerated the amount for which such lien is claimed or in which the 85 lienor has willfully included a claim for work not performed upon or 86 materials not furnished for the property upon which he or she seeks to 87 impress such lien or in which the lienor has compiled his or her claim with 88 such willful and gross negligence as to amount to a willful exaggeration 89 shall be deemed a fraudulent lien. 90 (b) It is a complete defense to any action to enforce a lien under this part, 91 or against any lien in an issue, that the lien is a fraudulent lien; and the 92 court so finding is empowered to and shall declare the lien unenforceable, 93 and the lienor thereupon forfeits his or her right to any lien on the property 94 upon which he or she sought to impress such fraudulent lien. However, a 9 minor mistake or error in a claim of lien, or a good faith dispute as to the 96 amount due does not constitute a willful exaggeration that operates to 97 defeat an otherwise valid lien. 98 (c ) An owner against whose interest in real property a fraudulent lien is 99 filed, or any contractor, subcontractor, or sub-subcontractor who suffers 100 damages as a result of the filing of the fraudulent lien, shall have a right of 101 action for damages occasioned thereby, The action may be instituted 102 independently of any other action, or in connection with a summons to 103 show cause under s. 713.21, or as a counterclaim or cross-claim to any 104 action to enforce or to determine the validity of the lien. The prevailing 105 party in an action under this paragraph may recover reasonable attorney's 106 fees and costs. If the lienor who files a fraudulent lien is not the prevailing 107 party, the lienor shall be liable to the owner or the defrauded party who 108 prevails in an action under this subsection in damages, which shall include 109 court costs, clerk's fees, a reasonable attorney's fee and costs for services 110 in securing the discharge of the lien, the amount of any premium for a 111 bond given to obtain the discharge of the lien, interest on any money 112 deposited for the purpose of discharging the lien, and punitive damages in Case number: 9:21-CV-81888-DMM • I. - V-i iii-/ v V Fr• • • - -• • i i• • - 11 ; p••- • Page 5 of 8 113 an amount not exceeding the difference between the amount claimed by 114 the lienor to be due or to become due and the amount actually due or to 115 become due, 116 (3) Any person who willfully files a fraudulent lien, as defined in this 117 section, commits a felony of the third degree, punishable as provided in s. 118' 775.082, s. 775.083, or s. 775.084. A state attorney or the statewide 119; prosecutor, upon the filing of an indictment or information against a 120 contractor, subcontractor, or sub-subcontractor which charges such person 121 with a violation of this subsection, shall forward a copy of the indictment 122 or information to the Department of Business and Professional Regulation. 123 The Department of Business and Professional Regulation shall promptly 124 open an investigation into the matter, and if probable cause is found, shall 125 furnish a copy of any investigative report to the state attorney or statewide 126 prosecutor who furnished a copy of the indictment or information and to 127 the owner of the property which is the subject of the investigation. 128 129 18. Florida Statutes Section 877.01 Instigation of litigation; penalty.— 130 PROVIDES 131 (1) Whoever gives, promises, offers or conspires to give, promise, or offer, to 132 anyone any bribe, money, goods, presents, reward, or any valuable thing 133 whatsoever with the intent and purpose of stirring up strife and litigation; or with 134 intent and purpose of assisting, seeking out, influencing, or advising the accused, 135 sick, injured, uninformed, or others to bring suit or seek professional legal 136 services or advice, shall be guilty of a misdemeanor of the first degree, punishable 137 as provided in s. 775.082 or s. 775.083. 138 (2) Whoever, in any way, solicits, receives or accepts or agrees to receive or 139 accept, or who conspires to receive or accept, any bribe, money, goods, presents, 140 reward, or any valuable thing whatsoever, or any promise, contract, or agreement 141 whatsoever, with the intent and purpose of stirring up strife and litigation; or with 142 the intent or purpose of seeking out, influencing, assisting, or advising the 143 accused, sick, injured, uninformed, or others to bring suit, or seek professional 144 legal services, counsel, or advice, shall be guilty of a misdemeanor of the first 145 degree, punishable as provided in s. 775.082 or s. 775.083. 146 (3)Any person violating the provisions of this section shall not be privileged from. 147 testifying, but if the person does testify in response to a subpoena issued by the 148 state attorney or court having jurisdiction of such offense, nothing said by the 149 person in his or her testimony shall be admissible in any civil or criminal action 159 against him or her, nor shall the person be subjected to any penalty or forfeiture 151 for or on account of any such testimony or evidence so given or produced. 152 (4) Nothing herein shall apply to the division of legal fees by and between 153 attorneys at law. Case number: 9:21-CV-81888-DMM . - .. - I - • - -• • i is i i ' : i " • i Page 6 of 8 154 (5) This section shall be taken to be cumulative and shall not be construed to 155. amend or repeal any other valid law, code, ordinance, rule, or penalty now in 156 effect. 157 158 WHICH ATTORNEY FILED FRAUDULENT LIEN AGAINST YEH CHING 159 HSIEN'S PROPERTY WHEN HE KNEW AND SHOULD HAVE KNOWN 160 THE PAYMENTS WAS RECEIVED ON TIME AND CASHED ON TIME? 1611 162 Keith F.Backer,and Danielle Riggin/Agent Backer Aboud Poliakoff&Foelster 163 ALLEGED REPRESENTING LA FLORENCE AT RENAISSANCE 164 COMMONS HOMEOWNERS ASSOCIATION INC.. 165 The alleged law firm is Backer, Aboud Poliakoff&Foelster Counsel for LA 166 FLORENCE Association 400 South Dixie Highway,#420,Boca Raton, FL 33432 167 (561)361-8535 (561) 361-3491 FAX 168 Primary: driggin@BAPFLAW.com 169 Secondary: epower@BAPFLAW.com 170 By:/s/Danielle Riggin Danielle Riggin FBN 85322 171 Mr.Danielle Riggin(FBN 85322) filed fraudulent LIEN against YEH CHING 172 HSIEN'S 173 174 FILING FABRICATED LIEN 17 PROPERTY A VIOLATION OF Florida Statues 71331 (2)(a),Florida Statutes 176 71331(3). 177 178 FILING INSTIGATION OF LITIGATION 179 FLORIDA MISCELLANEOUS CRIMES CHAPTER 877,01 instigation of 180 litigation;penalty. 181 182 THE RECORD SHOWN WHO PAID FOR COURT FILING FEES? 183 Mr.Keith Backer at 400 S, Dixie Highway, Suite 42D, Boca Raton,FL 33432 paid 184 by credit card payments ref#32458748 for$436.60. 18'5 186 YEH CHING HSIEN,YEH CHING HSIEN,pro se reserve the right to amend 187 the AFFIRMATIVE DEFENSE to the complaint. Case number: 9:21-CV-81888-DMM . - e. - .-; ;;:-:',",' :: - . -- _ - . - _ _: : : ::- _ : $ ':: _ • Page 7 of 8 188 CERTIFICATION AND CLOSING 189 Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of 190 my knowledge, information, and belief that this LA FLORENCE AT 191 RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION,INC.'S 1921 FORECLOSURE complaint: (1) is being presented for an improper purpose, such as 1931 to harass, cause unnecessary delay, foreclosure or needlessly increase the cost of 194 litigation; (2) is not supported by existing law or by a nonfrivolous argument for 195 extending, modifying, or reversing existing law; (3)the factual contentions have no 196 evidentiary support or,if specifically so identified, will likely have no evidentiary 197 support after a reasonable opportunity for further investigation or discovery; and(4) 198 the complaint is otherwise did not complies with the requirements of Rule 11. 199 200 For Parties without an Attorney 201 I agree to provide the Clerk's Office with any change to my address where case related 202 papers may be served, I understand that my failure to keep a current address on file with the 203 Clerk's Office may result in the dismissal of my case. 204 205 Verified Statement: • 206 I understand that I am swearing or affirming under oath to the truthfulness of the claims 207 made in this complaint and that the punishment for knowingly making a false statement 208 includes fines and/or imprisonment. 209 Respectfully submit by: / 210 / Date of signing: /°1 W/ 211 CHING IEN YEH, PRO SE, YEH CHING HSIEN. 212 9174 Chianti Court, 213 Boynton Beach, FL 33472 214 (561)460-1989 215 Case number: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA—WEST PALM BEACH DIVISION CASE NO. 9:21-CV-81888-DMM LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. Plaintiff, v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO Defendant. I. PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC.'S, MOTION TO REMAND CASE TO STATE COURT Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC., hereafter referred to as "Association,"through undersigned counsel and pursuant to Title 28 U.S.C.A. §1447(c), moves the Court for an Order remanding these proceedings to State Court and an award of its actual expenses, including attorney's fees, and, as grounds therefore, states: I. INTRODUCTION AND FACTUAL BACKGROUND The Association is a Florida homeowners association and Florida not-for-profit corporation pursuant to Chapters 720 and 617, Fla. Stat. Defendant, CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO, hereafter referred to as "Owner," is a resident/citizen of the State of Florida and the owner of the real property located in the Association's community at 1305 Via de Pepi, Boynton Beach, FL 33426, hereafter referred to as "Subject Property." Initially, Owner had violated the Association's governing documents by failing to seek and Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 2 of 10 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO.9:21-CV-81888-DMM PLAINTIFF'S,LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION,INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 2 of 5 obtain the Association's approval prior to leasing the Subject Property. The Association filed and prevailed in the context of a covenant enforcement action against Owner in State Court in case number 502019CA003185XXXXMB in the Circuit Court of the Fifteenth (15th) Judicial Circuit in and for Palm Beach County, Florida, hereafter referred to as "Covenant Enforcement Action." The Association was awarded its prevailing party attorney's fees and costs in the context of its Covenant Enforcement Action. A true and correct copy of the final judgment entered in the foregoing proceedings is attached hereto as Exhibit "A." Pursuant to the authority contained in its governing documents, the Association levied an assessment against Owner's account for assessments with the Association for the amount of its prevailing party attorney's fees awarded by the Court in the Covenant Enforcement Action. On September 30, 2021, after the Owner had failed to redeem the Subject Property pursuant to the Association's statutorily required presuit demand letters, the Association filed lien foreclosure proceedings in State Court in case number 502021 CA011182XXXXMB in the Circuit Court of the Fifteenth (15th) Judicial Circuit in and for Palm Beach County, Florida, hereafter referred to as "Foreclosure Proceedings" (ECF No. 1- 1). Owner removed the Foreclosure Proceedings pursuant to Title 28 U.S.C.A. §1446(a) and (b) and Title 28 U.S.C.A. §1441(a) notwithstanding that she had (and has) no legal basis to do so. It is undisputable from the pleadings that the District Court lacks original jurisdiction over the claims and defenses framed by the pleadings. It is also undisputable from the record that the Court otherwise lacks jurisdiction since parties lack diversity of citizenship and the amount in controversy does not exceed $75,000.00. The Association respectfully submits that the instant Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 3 of 10 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION,INC. v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-8 1888-DMM PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 3 of 5 action should be remanded to State Court in the Foreclosure Proceedings. II. MEMORANDUM OF LAW A. Defendant's Removal of the Foreclosure Proceedings was improper since the District Court lacks original jurisdiction to consider the claims framed by the pleadings, since the parties lack diversity of citizenship and since the amount in controversy does not exceed $75,000.00. A civil case filed in state court may be removed by the defendant to federal court if the case could have been brought originally in federal court. Title 28 U.S.C.A. §1441(a). Federal courts also have original jurisdiction over all civil actions where the amount in controversy exceeds the sum or value of$75,000.00 and (the action) is between citizens of different states. Title 28 U.S.C.A. §1332(a). Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant. Triggs v. John Crump Toyota, Inc., 154 F.3d 1284, 1287 (11`h Cir. 1998). The Complaint (ECF No. 1-1) states solely a count for foreclosure of a homeowner association lien for delinquent assessments (and for damages for those amounts) under Florida law. The Complaint (ECF No. 1-1), Defendant's Answer(ECF No. 5) and Defendants' "Affirmative Defense" (ECF No. 6) state no claim for which the District Court has original jurisdiction. The record also demonstrate that there is a complete lack of diversity of citizenship and a controversy that exceeds $75,000.00. The Association is a Florida homeowner association pursuant to Chapter 720, Fla. Stat., and a Florida corporation, not-for-profit, pursuant to Chapter 617, Fla. Stat., that manages and operates the Association's community located (and with a principal place of business) in Boynton Beach, Palm Beach County, Florida. Owner is a Florida Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 4 of 10 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-81888-DMM PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION,INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 4 of 5 resident/citizen. The Unknown Tenants who are residing at the Subject Property (and who are currently attempting to avoid/evade service of process) are, likewise, Florida residents/citizens. The amount in controversy pursuant to the lien attached as Exhibit "A" to the Complaint (ECF No. 1-1) is $21,745.20. Even to the extent that the Court determines that the amount in controversy exceeds $75,000.00 pursuant to the value of the Subject Property, there remains a complete lack of original jurisdiction and diversity of citizenship which cannot be cured. WHEREFORE, Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., respectfully requests that the Court remand the instant case to the State Court in the Foreclosure Proceedings and, in the order remanding the case, pursuant to Title 28 U.S.C.A. §1447(c), require Defendant to pay the Association's actual expenses, including attorney's fees, incurred as result of the removal. (This space intentionally left blank) Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 5 of 10 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION,INC. v.CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-81888-DMM PLAINTIFF'S,LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION,INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 5 of 5 Certificate of Service I hereby certify that a true and correct copy of the foregoing was served by email and regular mail this 27th day of October, 2021 upon: Ching Hsien Yeh a/k/a Karen Ching Hsien Yeh Ho 9174 Chianti Court Boynton Beach, FL 33472 LAFRC@yahoo.com Yeh FloridaAyahoo.com Respectfully submitted, By: /s/Ryan M. Aboud, Esq. Ryan M. Aboud, Esq. FBN 27366 Backer Aboud Poliakoff& Foelster, LLP 400 S. Dixie Highway, Suite 420 Boca Raton FL 33432 Tel. (561) 361-8535 Email: RAboud@BAPFLaw.com Counsel for Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC. Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 6 of 10 Exhibit "A" IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. CASE NO. 502019CA003185XXXXMB(AI) Plaintiff, v. CHING HSIEN YEH, et al. Defendants'. FINAL SUMMARY JUDGMENT GRANTING INJUNCTIVE RELIEF AND JUDGMENT FOR ATTORNEY'S FEES AND COSTS THIS CAUSE came before the Court on July 24, 2020 upon Plaintiff's Motion for Summary Judgment for Injunctive Relief, Attorney's Fees and Costs. The Court has considered the pleadings and proofs submitted, including, but not limited to, the Motion, Affidavit in Support of Motion for Summary Judgment for Injunctive Relief, Affidavit of Attorney's Time, Affidavit of Reasonable Attorneys' Fees and Affidavit of Costs.After considering the foregoing and the fee arrangement with Plaintiff and the guidelines established by the Supreme Court in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and after reviewing the Court file and being otherwise duly advised in the premises, THIS COURT finds Plaintiffs counsel has reasonably expended the hours indicated on its affidavit in this litigation, and that a reasonable hourly rate for the services of Plaintiffs counsel is $300.00 per hour, yielding a lodestar which is subject neither to enhancement for the contingency risk factor, nor to reduction based on the results obtained. The number of hours (64.6) is reasonable.This Court finds that: 1. This Court has jurisdiction of the subject matter hereto and the parties hereto. The equities of this cause are with the Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. All of the Defendants were defaulted by the Court. Page 1 of 5 Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 7 of 10 Case No. 50-2019-CA-003185-XXXX-MB There are no material issues of fact in dispute and Plaintiff is entitled to a Final Summary Judgment Granting Injunctive relief as a matter o f law. 2. Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., lacks an adequate remedy at law as a result of the Defendants', CHING HSIEN YEH'S, UNKNOWN TENANT I n/k/a RICHARD CURRO'S and UNKNOWN TENANT II n/k/a JUSTIN KEEFE'S, failure to comply with the restrictions contained in the recorded Declaration of Covenants, Restrictions and Easements for Firenze at Renaissance Commons (for La Florence at Renaissance Commons Homeowners Association, Inc.) that binds Defendant's, CHING HSIEN YEH'S, real property which is located in the Plaintiff's homeowner association community. Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., is entitled to an injunction to compel Defendants', CHING HSIEN YEH'S, UNKNOWN TENANT I n/k/a RICHARD CURRO'S and UNKNOWN TENANT II n/k/a JUSTIN KEEFE'S, compliance with its governing documents. It is, accordingly, ORDERED AND ADJUDGED, that: 3. Defendant CHING HSIEN YEH, is hereby enjoined to perform the following: a. Comply with the provisions contained in Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, governing documents; b. Cause her tenants, Defendants, UNKNOWN TENANT I n/k/a RICHARD CURRO'S and UNKNOWN TENANT II n/k/a JUSTIN KEEFE'S, to vacate her real property in the Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, community located at 1305 Via de Pepi, Boynton Beach, FL 33426 within ten (10) days of the date of entry of this Judgment; c. Seek and obtain Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, approval prior to leasing/renting any real property that she owns in Plaintiff's community, Page 2 of 5 Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 8 of 10 Case No. 50-2019-CA-003185-XXXX-MB including, but not limited to, her real property located at 1305 Via de Pepi, Boynton Beach, FL 33426;and d. Lease any real property that she owns in Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, community, including, but not limited to, her real property located at 1305 Via de Pepi, Boynton Beach, FL 33426, consistent with the lease restrictions contained in the Plaintiff's governing documents, as may be amended from time to time; 4. Defendants, UNKNOWN TENANT I n/k/a RICHARD CURRO and UNKNOWN TENANT II n/k/a JUSTIN KEEFE, are hereby enjoined to vacate Defendant's, CHING HSIEN YEH'S, real property in Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, community located at 1305 Via de Pepi, Boynton Beach, FL 33426 within ten(10) days of the date of entry of this Judgment. 5. This injunction shall remain in effect for the entire period of time that Defendant, CHING HSIEN YEH, owns any real property located in Plaintiff's, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC.'S, community. 6. Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., is entitled to recover its reasonable prevailing party attorney's fees and costs. 7. There is due Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., the sum of money as hereinafter set forth for its reasonable prevailing party attorney's fees and costs: Costs Filing Fee 401.00 Statutory Filing Fee 15.09 Summons Fee 30.00 Process Service 737.92 Certified Mail 120.00 Court Call 45.00 Attorney's Fees (64.6 hours x $300.00) $19.380.00 Total $20,729.01 Page 3 of 5 Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 9 of 10 Case No. 50-2019-CA-003185-XXXX-MB 8. Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., shall recover $20,729.01 from Defendants, CHING HSIEN YEH, UNKNOWN TENANT I n/k/a RICHARD CURRO and UNKNOWN TENANT II n/k/a JUSTIN KEEFE, for which sums execution shall issue forthwith if not paid in full within ten(10) days from the date of entry of this Judgment. 9. Plaintiff's counsel shall serve a copy of this Judgment upon the Defendants and file a Certificate of Service confirming the same. 10. The Court reserves jurisdiction to enforce this injunction/judgment. DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida this 21st day of September, 2020. 50.2019 CAA 00 85-XXXX- 802`1202p �. Li ante h owe J u ge 50-2019-CA-003185-XXXX-MB 09/24/2020 Cymonie Rowe Judge FDiAL OISP0SiTIOAI!jam (r'Ia.R.Cir.R Form 1.998 THE CLERK IS DIRECTED TO CLOSE THIS FILE MtAsfS OP FINAL DISPOSITION Plaintiff must serve a copy of this order to all parties who did not receive an electronic copy. Judgment Creditor's address: La Florence at Renaissance Commons Homeowners Association, Inc. c/o Tallfield Management 12765 Forest Hill Blvd., Suite 1320 Wellington, FL 33414 Copies to: Ryan M.Aboud, Esq. Danielle Riggin, Esq. Backer Aboud Poliakoff& Foelster, LLP The Arbor, Ste.420 400 South Dixie Highway Boca Raton, FL 33432 DRie ginra;BAPFlaw.com RAboud(Cj%bapflaw.com Page 4 of 5 Case 9:21-cv-81888-DMM Document 8 Entered on FLSD Docket 10/27/2021 Page 10 of 10 Case No. 50-2019-CA-003185-XXXX-MB Karen Yeh Ho 9174 Chianti Court Boynton Beach, FL 33472 Karen Yeh Ho lafrc@yahoo.com Ching Hsien Yeh 6826 Fiji Circle Boynton Beach, FL 33437 UNKNOWN TENANT I n/k/a RICHARD CURRO 1305 Via De Pepi Boynton Beach, FL 33426 UNKNOWN TENANT II n/k/a JUSTIN KEEFE 1305 Via De Pepi Boynton Beach, FL 33426 Page 5 of 5 Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 1 of 9 Page 1of8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO.: 9:21-CV-081852 AMC LA FLORENCE AT RENAISSANCE COMMONS FILED BY _ , HOMEOWNERS ASSOCIATION INC. D.C. Plaintiff Plaintiff, NOV 0 8 2021 VS. ANGELA E.NOBLE CLERK U.S DIST CT CHING HSIEN YEH S.D.OF FLA.- yy.p8. An Individual, Defendants JURY TRIAL DEMANDED / PLAINTIFF'S RESPONSE TO LA FLORENCE AT RENAISSANCE COMMON HOMEOWNERS ASSOCIATION INC.'S "PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC.'S MOTION TO REMAND CASE TO STATE COURT" [Document 8] on October 27, 2021 PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE RULE 27(a)(2). THE RESPONSE IS TO STRIKE THE MOTION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 11 —WITH MEMORANDUM OF LAW. COMES NOW, Defendant, Yeh Ching Hsien, Pro Se, respectfully moves this Honorable Court to take notice that LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION INC. failed to follow Federal Rules of Civil Procedure 11. Federal Rules of Civil Procedure 11 provides the Court, Plaintiff and Defendant a fair rules follow for due process in United States Constitution Fifth Amendment and United States Constitution Fourteenth Amendment and Florida Constitution Article I Section 9 of Due Process. FEDERAL RULES OF CIVIL PROCEDURE 11. Signing Pleadings,Motions,and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 2 of 9 Page 2 of 8 unless the omission is promptly corrected after being called to the attorney's or party's attention. (b) Representations to the court. By presenting to the court a pleading, written motion, or other paper-whether by signing, filing, submitting, or later advocating it— an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: ARGUMENT: See Business Guides, Inc. v. Chromatic Communications Enterprises, Inc., 498 U.S. 533 —Supreme Court 1991. "In sum, we hold today that Rule 11 imposes an objective standard of reasonable inquiry on represented parties who sign papers or pleadings. We have no occasion to determine whether or under what circumstances a nonsigning party may be sanctioned. The District Court found that Business Guides failed to conduct a reasonable inquiry before signing the initial TRO application and before submitting the signed declaration of its Director of Research, Michael Lambre. Consequently, the District Court imposed $13,865.66 in sanctions against Business Guides and dismissed the action with prejudice. The Court of Appeals affirmed each of these rulings. For the reasons stated herein, the judgment of the Court of Appeals is Affirmed." See Shades v. Bank of America, N.A., USA, 2009 WO 2252551 at *2 (E.D. Cal. July 28, 2009) ("Plaintiff is advised that neither Bank of America nor attorneys Reed Smith have appeared in this action; thus,this court has no jurisdiction to make such a sanctions order...); Blanchard v. Edgemark Financial Corp., 175 F.R.D. 293, 303 n. 12 (N.D.Ill. August, 25, 1997) (noting that an attorney who represented the class representative in a separate litigation had not filed an appearance in the class action and was"thus outside the purview of this Court's jurisdiction"...) For the argument sake YEH CHING HSIEN and LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION INC. is control by contract law and not by LA FLORENCE AT RENAISSANCE COMMON HOMEOWNERS ASSOCIATION INC.'s own decision to invent a none existing entity for collection Firenze-La Florence. Firenze-La Florence CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 3 of 9 Page 3 of 8 is a not legal entity as to who should receive the La Florence at Renaissance Commons Homeowners Association Inc.'s monthly homeowners association due. It was argued in the In The 15`h Judicial Circuit Court In and For Palm Beach County,Florida there were four repeated case filed and dismissed against YEH CHING HSIEN. This foreclosure case is the fifth case being filed again in the 15`h Judicial Circuit Court In and For Palm Beach County, Florida. See Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819), held that the Charter of Dartmouth College granted in 1769 by King George VII of England was a contract and, as such, could not be impaired by the New Hampshire State Legislature. State legislators had tried to alter the contract's terms regarding the continuance of the board of trustees, an effort rejected by the Court. The decision had far-reaching impact in its application to business charters, protecting businesses and corporations from a great deal of government regulation. LA FLORENCE AT RENAISSANCE COMMON HOMEOWNERS ASSOCIATION INC.'s purposely repeat filing lawsuits against YEH CHING HSIEN thus it should be considered to instigated lawsuit for the purpose of obtain illegal attorney fees as civil theft. Business Guides "The heart of Rule 11 is sentence [5], which explains in detail the message conveyed by the signing of a document. A signature certifies to the court that the signer has read the document, has conducted a reasonable inquiry into the facts and the law and is satisfied that the document is well-grounded in both, and is acting without any improper motive. See 5A C. Wright&A. Miller, Federal Practive and Procedure 1335, pp. 57-58 (2d ed. 1990) (hereinafter Wright& Miller). This sentence, by its terms, governs any signature of"an attorney or party,"thereby making it applicable not only to signatures required by sentence [1], [2], [3], but also to signatures that are not required but nevertheless present. "The certification requirement now mandates that all signers consider their behavior in terms of the duty they owe to the court system to conserve its resources CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 4 of 9 Page 4 of 8 and avoid unnecessary proceedings." Id., at 21, 1331 (emphasis added). The final two sentences describe the means by which the Rule is enforced. Sentence [6] dictates that where a required signature is missing and the omission is not corrected promptly, the document will be stricken. Sentence [7] requires that sanctions be imposed where a signature is present but fails to satisfy the certification standard." WHEREFORE, Defendant, YEH CHING HSIEN, PRO SE,respectfully request that this Honorable Court entered a STRICKEN judgment against LA FLORENCE AT RENAISSANCE COMMON HOMEOWNERS ASSOCIATION INC.'S "Plaintiff's, La Florence at Renaissance Commons Homeowners Association, Inc.'s Motion to Remand case to State Court". La Florence at Renaissance Commons Homeowners Association Inc.'s violation of Federal Rules of Civil Procedure 11. • Plaintiff LA FLORENCE AT RENAISSANCE COMMON HOMEOWNERS ASSOCIATION INC. for filing lawsuit for presented complaint for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; the claims, defenses, and other legal contentions are not warranted by existing law or by a frivolous argument for extending, modifying, or reversing existing law or for establishing new law; The factual contentions have evidentiary support or, if specifically, so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and the denials of factual contentions are warranted on the evidence or, if specifically, so identified, are reasonably based on belief or a lack of information. • To pay KAREN YEH HO her court costs and expenses of strike this unlawful motion. • In alternative if proceed to the Jury Trial the Jury will determine the amount of damages the evidences are documents speak for itself; CASE NUMBER: 9:2I-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 5 of 9 Page 5 of 8 • This Honorable Court deems proper and just. Federal Rules of Civil Procedure 11 provide: FEDERAL RULES OF CIVIL PROCEDURE 11. Signing Pleadings,Motions,and Other Papers; Representations to the Court; Sanctions (c) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention. (d) Representations to the court. By presenting to the court a pleading, written motion, or other paper-whether by signing, filing, submitting, or later advocating it— an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) It is not being presented for any improper purposes, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) The denials of factual contentions are warranted on the evidence or, if specifically, so identified, are reasonably based on belief or a lack of information. (c) Sanctions. (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee. (2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 6 of 9 Page 6 of 8 warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion. (3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b). (4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payments to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation. (5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction: (A) against a represented party for violating Rule 11(b)(2); or (B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are,to be sanctioned. (6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction. (e) Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections,and Motions under Rules 26 through 37. VERIFIED STATEMENT I declare under penalty of perjury under the laws of United States that the above is true and correct to the best of my knowledge and belief. Respectfully submitted by: Witeze, YEN CHING HSIEN, DEFENDANT, PRO SE 9174 CHIANTI COURT BOYNTON BEACH, FL 33472 (561)460-1989 CASE NUMBER: 9:21-CV-8 1 888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 7 of 9 Page 7 of 8 CERTIFICATE OF GOOD FAITH CONFERENCE Conferred but not able to resolve issues presented in the Motion. Pursuant local rule 7.19 (a)(3)(A) I hereby certify that pro se for the movant has conferred with all parties or non-parties who may be affected by the relief sought in this motion in a good faith to resolve the issues. Certificate of Good Faith Conference; Conferred and agreed with the issues presented in the Motion, No respond from Ryan M. Aboud, ESQ. Fla. Bar No. 27366 as of November 8, 2021. (see attachment). Respectfully submitted by: / /fVz.‘" KAREN YE HO, VESTED BENEFICIARY, PLAINTIFF, PRO SE 9174 CHIANTI COURT,BOYNTON BEACH, FL 33472 (561) 460-1989 CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 8 of 9 Re: La Florence at Renaissance Commons Homeowners Association, Inc. v. Yeh, et al (Case no. 9:21-CV-81888-DMM) From: Karen Ho (lafrc@yahoo.com) To: raboud@bapflaw.com; lafrc@yahoo.com Date: Monday, November 8, 2021, 10:44 AM EST Dear La Florence at Renaissance Commons Homeowners Association Inc. legal team: Please follow the Federal Rules of Civil Procedure 11. If after 21 days that La Florence at Renaissance Commons Homeowners Association Inc. still did not withdraw the "Plaintiffs, La Florence at Renaissance Commons Homeowners Association, Inc.'s Motion to Remand Case to State Court" Ching Hsien Yeh will file Motion to Sanction pursuant to Federal Rules of Civil Procedure 11. This is to comply Federal Rules of Civil Procedure 7. As for La Florence at Renaissance Commons Homeowners Association Inc. violated Federal Fair Debt Collection Act and Florida Fair Debt Collection statutes. This can be a precedent case for it is Foreclosure based on fake debt collection, filed fake lien (criminal action), and whether the Florida Statutes 718 of foreclosure on lien on the home that is a membership only is violation of United States Constitution and Florida Constitution the contract law. The foreclosure on Homeowners Association lien was not signed by the Florida Governor. The Board Members purchases the foreclosure property by using different entity name is also illegal. This is the fourth times that La Florence at Renaissance Commons Homeowners Association Inc. using the attorneys tries to harassed, intimidated, threaten me for extortion for my money because of discrimination against me. A copy of this email with filed with the court, , Thank you for your attention to this matter. Submitted by: Ching Hsien Yeh, Defendant, Pro Se. (561)460-1989 On Wednesday, October 27, 2021, 04:12:00 PM EDT, Ryan Aboud <raboud@bapflaw.com>wrote: Please see attached. Ryan M,Aboud,AttorneyatLaw Backer Aboud Poliakoff & Foelster 400 South Dixie Highway Suite 420 Boca Raton FL 33432 (561)361-8535-Voice i (8001251-3562-Toll Free f2lQkdtIDhs1ptlaSv&pni www.bapflaw.com CONFIDENTIALITY COTE:The information Contained in this transmission may be privileged and confidential,and is intended only for the use of the individual or entity named above.if the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error,please { immediately reply to the sender that you have received this communication in error and then delete it..Thank you. COLLECTION OF DEBTS:A part of our practice involves the collection of debts for our ctients. This notice is for those from whom we are seeking to collect a claimed debt.This communication is from a debt collector, is an attempt to collect a debt and any information obtained as a result of this letter or further communications with this office will be used for the purpose of collection of a debt. Click on the following link for the latest BackerReport Newsletter:BcClcerRepOYt November 2021 Case 9:21-cv-81888-DMM Document 9 Entered on FLSD Docket 11/08/2021 Page 9 of 9 Page 8 of 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on this November 8, 2021, by filing the same with the Court and by U.S. mail to the following list: Service List: THE COURT THE DEFENDANT Paul G. Rogers CHING HSIEN YEH Federal Building and U.S. Courthouse 9174 CHIANTI COURT 701 Clematis Street BOYNTON BEACH, FL 33472 Room 202 (561) 460-1989 West Palm Beach, FL 33401 (561) 803-3400 Hand delivery The alleged Plaintiff attorney The Plaintiff BACKER, ABOUD, POLIAKOFF & La Florence at Renaissance Commons FOELSTER, LLP Homeowners Association Inc. 400 S. DIXIE HWY Treasurer SUITE $420 DAVID MEDNICK BOCA RATON, FL 33432 1410 NW 48th St. Boca Raton, FL 33431-3334 The Plaintiff The Plaintiff La Florence at Renaissance Commons La Florence at Renaissance Commons Homeowners Association Inc. Homeowners Association Inc. President TOM O'BRIEN LAURENCE SCHER(FBN: 890390) 1310 PIAZZI PITTI AKA LARRY SCHER BOYNTON BEACH, FL 33426-8272 1567 VIA ALFERI BOYNTON BEACH, FL 33426 The Plaintiff STATE OF FLORIDA La Florence at Renaissance Commons DEPARTMENT OF BUSINESS AND Homeowners Association Inc. PROFESSIONAL REGULATION DIRECTOR 2601 BLAIR STONE ROAD MATT AUSTIN TALLAHASSEE, FL 32399-0782 1588 VIA ALFERI BOYNTON BEACH, FL 33426 Submit and mailby: , CHING HSIEN YEH, Defendant, PRO SE 9174 CHIANTI COURT, BOYNTON BEACH, FL 33472 (561)460-1989 CASE NUMBER: 9:21-CV-81888-DMM Case 9:21-cv-81888-DMM Document 10 Entered on FLSD Docket 11/11/2021 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA—WEST PALM BEACH DIVISION CASE NO. 9:21-CV-81888-DMM LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. Plaintiff, v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO Defendant. /. PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC.'S, REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC., hereafter referred to as "Association,"pursuant to Local Rule 7.1(c), replies to Defendant's Response to Plaintiff's Motion to Remand Case to State Court (ECF No. 8) and states: I. INTRODUCTION AND FACTUAL BACKGROUND The Association, a Florida homeowners association and Florida not-for-profit corporation pursuant to Chapters 720 and 617, Fla. Stat., filed foreclosure proceedings to collect delinquent homeowner association assessments against Defendant, CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO, hereafter referred to as "Owner," the fee-simple owner real property located in the Association's community at 1305 Via de Pepi, Boynton Beach, FL 33426, hereafter referred to as "Subject Property." Defendant removed the case to the instant Court. The Association filed a Motion to Remand the Case to State Court (ECF No. 8) on October 27, Case 9:21-cv-81888-DMM Document 10 Entered on FLSD Docket 11/11/2021 Page 2 of 4 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION,INC. v.CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-81888-DMM PLAINTIFF'S,LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 2 of 4 2021 for the reasons set forth therein. Owner failed to file a Response or otherwise substantively respond to the Association's Motion. Instead, Owner"Response" filed on November 8, 2021 (ECF No. 9) seeks solely sanctions pursuant to Rule 11, Fed. R. Civ. P. Even though the title of Owner's filing (ECF No. 9) indicates that the filing may be a response to the Association's Motion, the body of Owner's filing does not substantively respond to the Association's Motion or address the substance of the Association's Motion. Owner is not entitled to sanctions and, since Owner failed to timely respond substantively to the Association's Motion to Remand the Case to State Court, the Association submits that it is entitled to an Order remanding these proceedings to State Court and an Order denying any and all relief requested by Owner's in her filing (ECF No. 9). II. MEMORANDUM OF LAW A. Defendant's failure to respond, substantively, to the Association's Motion to remand the case to State Court entitles the Association to the entry of an Order remanding these proceedings to State Court. Local Rule 7.1(c)(1) provides that, for all motions, except motions served with the summons and complaint, each party opposing a motion shall file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Local Rule 7.1(c)(1) also provides that a failure to do so may be deemed sufficient cause for granting the motion by default. Since Owner failed to respond to the Association's Motion to Remand the Case to State Court (ECF No. 8) (notwithstanding the title of the document that she filed at ECF No. 9), since Owner otherwise failed to substantively address the Association request to remand the case and since the time for Owner to respond to the Association's Motion has expired, the Case 9:21-cv-81888-DMM Document 10 Entered on FLSD Docket 11/11/2021 Page 4 of 4 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. v.CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-81888-DMM PLAINTIFF'S, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION,INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 4 of 4 filing (ECF No. 9) was filed on the same date as Owner's email to undersigned counsel with no opportunity to consider the relief requested by Owner notwithstanding the undisputed fact that the Association is seeking to collect solely those amounts that are secured by its lien. WHEREFORE, Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC., respectfully requests that the Court remand the instant case to the State Court, require Defendant to pay the Association's actual expenses, including attorney's fees, incurred as result of the removal pursuant to Title 28 U.S.C.A. §1447(c) and deny any relief requested by Defendant, including, but not limited to, her request for Rule 11 Sanctions in her filing at ECF No. 9. Certificate of Service I hereby certify that a true and correct copy of the foregoing was served by email and regular mail this 11th day of November, 2021 upon: Ching Hsien Yeh a/k/a Karen Ching Hsien Yeh Ho 9174 Chianti Court Boynton Beach, FL 33472 LAFRCAyahoo.com Yeh Florida@yahoo.com Respectfully submitted, By: /s/ Ryan M. Aboud, Esq. Ryan M. Aboud, Esq. FBN 27366 Backer Aboud Poliakoff& Foelster, LLP 400 S. Dixie Highway, Suite 420 Boca Raton FL 33432 Tel. (561) 361-8535 Email: RAboud@BAPFLaw.com Counsel for Plaintiff, LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION, INC. FRAUD ON THE COURT FOR PROPERTY TITLE THEFT FRAUD ON THE COURT! PROPERTY TITLE FRAUD PROPERTY TITLE THEFT SCAM BY USING SHAM LAWSUIT! (1) ATTORNEY(S) SCAMMER FILING SHAM PLEADING LAWSUIT ON BEHALF OF THEIR ALLEGED CLIENT. (2) ATTORNEY(S) SCAMMER OBTAIN COURT ORDER UNDER THE COLOR OF LAW JUDGMENT FOR EVICTION, FORECLOSURE, CERTIFICATE OF SALE, CERTIFICATE OF TITLE, WRIT OF POSSESSION. (3) ATTORNEY(S) SCAMMER EVICT THE RIGHTFUL OWNER FROM THEIR LEGAL PROPERTY. (4) ATTORNEY(S) SCAMMER RENT OUT THE PROPERTY OR SOLD THE PROPERTY (5) ATTORNEY(S) SCAMMER CONTINUE TO ARGUE IN THE COURT PROCEEDING WHAT THEY DID WAS LEGAL BECAUSE THERE IS A JUDGE'S SIGNATURE OR THE PALM BEACH COUNTY CLERK OF THE COURT HAD RECORDED THE DEED. (6) PALM BEACH CLERK OF THE COURT INSISTED ON THAT SINCE THE PROPERTY IS WORTH A LOT OF MONEY THAT I SHOULD HIRE AN ATTORNEY TO FILE LAWSUIT TO GET BACK MY REAL ESTATE PROPERTY. THAT IS INSTIGATED LAWSUIT FOR THE ATTORNEY(S) SCAMMER'S BENEFIT! WHY CAN PALM BEACH COUNTY CLERK OF THE COURT FILING LAWSUIT TO RETURN REAL ESTATE PROPERTY BACK TO THE LEGAL OWNER OF THE PROPERTY? HEATHER NEEDLEMAN AND FORMER MAYOR STEVE GRANT AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AND CITY OF BOYNTON BEACH BUILDING DEPARTMENT STAFF PROPERTY TITLE THEFT AND SCAM THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY AND PROPERTY OWNER (1) THREE DIFFERENT FABRICATE LIENS ON THE 1101-1103 N. Federal Highway PROPERTY FOR THE PURPOSE OF THE PROPERTY TITLE THEFT FRAUD SCAM. (2) THE OWNER OF THE PROPERTY WAS NOT NOTIFIED OF THE LIEN ON THEIR PROPERTY PRIOR TO FILE THE FABRICATED LIEN. Page 1 Case number: 50-2019-CA-015764MB FRAUD ON THE COURT FOR PROPERTY TITLE THEFT (3) THE LIENS ASSESSED $1,000 A DAY FINE ON THE PROPERTY FOR THE PURPOSE OF FORECLOSURE. (4) The property owners filed Federal lawsuits while it is pending in Federal court... (5) The 15th Judicial Circuit Court signed the Default judgment for foreclosure, the property owners appeal and then Federal Court dismiss the lawsuit... (6) While the Owners of the property filed 4DCA appeal and Federal Appeal ... (7) The Heather Needleman (FBN 92925) obtain certificate of sale and certificate of title on the same date MARCH 17, 2022 (8) On the same date MARCH 17, 2022, there was a closing on 1102 -1104 North Federal Highway, Boynton Beach, Florida 33435, Palm Beach County, and 1110 North Federal Highway, Boynton Beach, Florida 33453, Palm Beach County. The Boynton Beach CRA sold the property to Boynton Beach Office Condominium LLC for $342,100. See CFN 20220139713 OR BK 33432 PG 786 was E-Recorded on March 31, 2022 and paid deed doc stamp tax $2,394.70. It is prepared by and return to: Kenneth W. Dodge, Esq.(FBN 994146) Lewis, Longman & Walker, P.A., 360 South Rosemary Avenue, Suite 1100, West Palm Beach, FL 33401 (561)640-0820 File Number: 22- 0005. "The Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of Florida Statutes" signed by Steven B. Grant, (FBN 85017) Chair. The witness on the deed were Theresa Ulterback and Thuy T. Shutt. Ms. Theresa Ulterback and Thuy T. Shutt are employee of Boynton Beach Community Redevelopment Agency. (9) On September 30, 2020 City of Boynton Beach purchased the property from owner of 1102-1104 North Federal Highway, Boynton Beach, Florida, Palm Beach County, for $868,958. See CFN 20200384683 BK 31823 PG 608. This Instrument was Prepared by and Return to: James A. Cherof, (CFN 291846) Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 East commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. (10) On November 4, 2020 City of Boynton Beach former mayor Steve Grant (FBN 85017) sign quit claim deed to Boynton Beach CRA. See E-Recorded CFN 20200432964 OR BI< 31911 PG 1915 Recorded 11/13/2020 Palm Beach County, Florida Amt 10.00 DEED DOC 0.70. This Instrument was Prepared by Heather Needelman, Esquire (FBN 92925) Goren, Cherof, Doody & Ezrol., P.A. 3099 E. Commercial Boulevard, Suite 200, Fort Lauderdale, Page 2 Case number: 50-2019-CA-015764MB Case 9:21-cv-81888-DMM Document 10 Entered on FLSD Docket 11/11/2021 Page 3 of 4 LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNERS ASSOCIATION, INC. v. CHING HSIEN YEH A/K/A KAREN CHING HSIEN YEH HO CASE NO. 9:21-CV-81888-DMM PLAINTIFF'S,LA FLORENCE AT RENAISSANCE COMMONS HOMEOWNER ASSOCIATION,INC.'S, MOTION TO REMAND CASE TO STATE COURT Page 3 of 4 Association submits that this Court is authorized to construe the lack of response as a sufficient cause for granting the Association's Motion by default and the Association, respectfully, submits that it is entitled to an Order remanding this case to State Court. B. Owner is not entitled to sanctions pursuant to Rule 11, Fed. R. Civ. P. since the Association's filings herein do not violate Rule 11 and since Owner's failure to comply with the procedures contained Rule 11, Fed. R. Civ. P., warrants a denial of the relief she is requesting. Rule 11(C)(2), Fed. R. Civ. P., provides that a motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). Rule 11(C)(2), Fed. R. Civ. P., also provides that the motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within twenty-one (21) days after service or within another time the court sets (italics added for emphasis and not in original text). The Association, through undersigned counsel, was never served with a Rule 11 Motion by Owner prior to her filing the same with the Court. The Association, through undersigned counsel, was served solely with Owner's "Response" (ECF No. 9) alleging her entitlement to sanctions for the first time pursuant CM/ECF electronic service on November 8, 2020 after Owner had already filed the document. The Exhibit attached to Owner's "Response" (ECF No. 9) demonstrates that Owner sent the Association, through undersigned counsel, an email concerning Rule 11 with no Motion attached. The Certificate of Good Faith Conference is false in that Owner failed to confer or make any effort to confer with undersigned counsel. Owner's FRAUD ON THE COURT FOR PROPERTY TITLE THEFT Florida 33308. "CITY OF BOYNTON BEACH, a Florida municipal corporation by STEVEN B. GRANT Title: Mayor. Witness by: Shayla Ellis and Catherine Cherry. (11) On March 17, 2022, the Boynton Beach CRA sold 1110 North Federal Highway, Boynton Beach, FL 33435, 1102 North Federal Highway, Boynton Beach, FL 33435, 1104 North Federal Highway, Boynton Beach, FL 33435 All package together for $342,100. See paragraph 8. Prepared by and return to: Kenneth W. Dodge Lewis, Longman & Walker, P.A., Esq. 360 South Rosemary Avenue, Suite 1100, West Palm Beach, FL 33401 File Number: 22-0005. CFN 20220139713 OR BK 33432 PG 786. (12) The City of Boynton Beach lost $526,858.00 on the purchase of 1102-1104 North Federal Highway, Boynton Beach, Florida, Palm Beach County (13) 1110 N. Federal Highway, Boynton Beach, Florida 33435 purchased by the Boynton Beach Community Redevelopment Agency (aka "CRA"), a public agency whose post office address is 710 N. Federal Highway, Boynton Beach, FL 33435, grantee for $170,000 on March 15, 2017. See CFN 20170094923 OR BK 28957 PG 1337 E-RECORDED 03/17/2017 AMT 170,000 DEED DOC. $1,190 Prepared by and return to: Spencer B. Siegel, Esq. (FBN 12970) Siegel Siegel & Wright 1600 South Dixie Hwy Suite 300, Boca Raton, FL 33432. Telephone: 561-620-8200 . (14) The Boynton Beach CRA a public agency lied and misrepresentation to the public report that the acquisition was only for $170,000 on their report to the public. See the web site http://www.boyntonbeachcra.com/bbcra- projects/current-projects/1102-1110-n-federal-highway or search 1102 n. federal highway and Boynton beach cra. (15) The Boynton Beach CRA sold the 1110 North Federal Highway, Boynton Beach, Florida, 33435, Palm Beach County with 1102-1104 North Federal Highway, Boynton Beach, Florida, 33435, Palm Beach County for total $342,100. The transaction was handled by Heather Needleman, Esq., former mayor of City of Boynton Beach, Steven Grant, current employees of Boynton Beach CRA Theresa Ulterback and Thuy T. Shutt. The loss on the sale of 1110 N. Federal Hwy, Boynton Beach, FL 33434 property is $170,000. Page 3 Case number: 50-2019-CA-015764MB FRAUD ON THE COURT FOR PROPERTY TITLE THEFT (16) The purchaser for 1102 N. Federal Highway, Boynton Beach, FL 33435, 1104 N. Federal Highway, Boynton Beach, FL 33435, 1110 N. Federal Highway, Boynton Beach, FL 33435 for total of $342,100 on Marcy 17, 2022 CFN 20220139713 OR BK 33432 PG 786 is Boynton Beach Office Condominium, LLC, a Florida limited liability company, whose post office address is 3113 Stirling Road, Suite 103, Fort Lauderdale, FL 33312, grantee. Boynton Beach Office Condominium, LLC is own by Samuel Rogatinsky, Esq. (Florida Bar number 21490), address 3113 Stirling Road, Suite 103, Fort Lauderdale, Florida 33312 and assistant manager Deris Bardales, not an attorney 712 NE 8th Avenue, Boynton Beach, Florida 33436. Document number L20000385893 Date filed 12/10/2020. WHAT IS THE 1101-1103 N. Federal Highway, Boynton Beach, Florida 33435 PROPERTY OWNER'S POINT? FRAUD BY USING SIMULATED COURT PROCEEDINGS TO COMMIT PROPERTY TITLE FRAUD. (17) The City of Boynton Beach was duped out of $696,858. (18) To find a way of cover up this fraud upon the Palm Beach County residents and the City of Boynton Beach residents. The Building Department, City of Boynton Beach Code enforcement placed fraudulent, sham liens on the property claiming that the property owner did not mow the lawn and the building is not safe. (19) The 1101-1103 North Federal Highway, Boynton Beach, Florida 33435, Palm Beach County was duped out of their real estate property and assessed over $1,000,000 (one million dollars) of lien on their real estate property. (20) The Heather Needleman, Esq. admission of guilt that City of Boynton Beach employees had broken the locks on 1101-1103 North Federal Highway and changed the locks and enter the building to commit theft and burglary without writ of possession from the Palm Beach County sheriff's office. See the court transcript for case number 502019CA015764MB docket (21) Evidence shown that in 2020, the property owners obtain the Professional Engineer's report and Professional Architect report and drawing that the building is safe. The City of Boynton Beach did not have license to declare Page 4 Case number: 50-2019-CA-015764MB FRAUD ON THE COURT FOR PROPERTY TITLE THEFT that building is not safe and it is unlicensed practice of Professional Engineer and Professional Architect. The City of Boynton Beach did not have legal authority to enter the building because the property owner did not request for the City of Boynton Beach to enter their property prior to filing lien on the property. (22) Evidence shown that there is no lawn to mow the property is all concrete and building. The property owner had to paid someone, Clifford to take care of City of Boynton Beach's lawn property. The City of Boynton Beach did not maintenance the City of Boynton Beach lawn. (23) Evidence shown that City of Boynton Beach still did not pay the real estate tax on the property. (24) The evidences shown that it is Property Title Fraud stealing by using lawsuit and cover up the loss $696,858 from City of Boynton Beach bank account and the scheme by stealing taking the property owners property's real estate property and content inside the property without legal authority to do so. (25) In the CFN 20220139713 BK 33432 PG 788 page 3 of 3 "The foregoing instrument was acknowledged before me by means of physical presence, this 17th day of March, 2022 by Steven B. Grant of Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of Florida Statutes, on behalf of the corporation. He has produced a driver's license as identification." (26) Boynton Beach Community Redevelopment Agency, ...on behalf of the corporation does not exist in Sunbiz.org. See search on Sunbiz.org. (27) Falsified affidavit to obtain attorney fees Heather Needleman, Esq. (FBN 92925). (28) As of February 7, 2023, City of Boynton Beach did not pay the Palm Beach County property tax bill number 101350606 and the amount $3,958.03. (29) KAREN HO and WING HO reserved the right to amended. WHEREFORE, THE CITY OF BOYNTON BEACH SHOULD DO THE RIGHT TO THE REAL ESTATE PROPERTY OWNERS BY: (1) Filing admission of error and return 1101-1103 North Federal Highway, Boynton Beach, Florida 33435, Palm Beach County property back to the legal owner of their property. Page 5 Case number: 50-2019-CA-015764MB FRAUD ON THE COURT FOR PROPERTY TITLE THEFT (2) Firing the law firm that committed fraud on the court and should not representing City of Boynton Beach anymore. (3) File criminal complaint against Heather Needleman, Esq. Florida Bar number 92925 to disbar her. (4) File criminal complaint against Steven Grant (former City of Boynton Beach Mayor). (5) The property owners reserve the rights to file criminal complaints against all the predatory attorneys and those who is involved in this criminal action. (6) The property owners need to take inventory of what is missing from 1101- 1103 North Federal Highway, Boynton Beach, Florida 33435, Palm Beach County. (7) The property owners reserve the right to seek justice and additional remedy. Respectfully Submitted by the 1101-1103 N. Federal Highway, Boynton Beach, Florida. Palm Beach County property owner whose property was stolen through the use of sham lawsuit. / Date 2,///`;‘(, Karen Ho, 9174 Chianti Court, Boynton Beach, Florida 33472 Pro Se Appellant and owner of the property prior to Property Deed Fraud. Owner 1101-1103 N. Federal Highway, Boynton Beach, FL 33435. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence, this ) of (I , 2023 by KAREN CHING HSIEN YEH HO aka KAREN HO. KAREN CHING HSIEN YEH HO has produced a driver's license as identification. Notary signature , Printed name: - - ��-� � �✓ �✓ / �iY �-., STEVEN SCOTT GREBINAR Notarystamp: :_ Notary Public State of Florida ( ' o` Commission#HH 128955 ?OF r\.° My Comm,Expires Jun 26,2025 M Bonded through National Notary Assn. Page 6 Case number: 50-2019-CA-015764MB • 5 1 the City decided at time not to file a motion for 2 writ of possession, however, our office recently 3 learned that the City staff mistakenly understood 4 that title meant they could go on the property 5 and change the locks to secure it, which is what 6 they did without our knowledge or direction . 7 When we found this out throughl nd 8 Mrs . Ho ' s brief in an unrelated Fe action, 9 we issued the required notice d this 10 motion . We provided the requi ; ,notice . And to 11 date, the notice -- we trd o coordinate with 12 the defendants for t rri o retrieve their 13 belonging. To dat e 'City has not been 14 contacted by t m retrieve their belongings . 15 Now' ottit t e City went on the property and 16 changed ;the locks mistakenly, the City now 17 requests that the Court grant its motion and 18 d .,,sect the clerk to issue the writ of possession 19 so ,the City can continue to keep the property 20 secured . 21 Your Honor, we understand that what the 22 City did, they put the cart before the horse, the 23 proper procedures for us to come before you to 24 get the motion for writ of possession . Like I 25 said, City staff mistakenly understood that Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 6 1 having title meant they could go on . The first 2 information that I received by reading a pleading 3 of the defendants in a Federal action, you know, 4 . I confirmed it with the client and then we filed 5 this motion . 6 And, you know, they changed the locks . 7 Property has to be secured. The appeS is 8 pending and, you know, that ' s why rw ' here 9 before you today . } 10 MS, HO : Karen Ho . While the case is 11 pending in Federal Court for eminent domain, she 12 go ahead and obtain the ummary judgment without 13 my present and a hearing. We appeal . And the 14 Federal Court y- wilt even went through Eleventh 15 Circuit court . She has not file brief yet . And 16 the Fourth, D .0 A. she did not file brief yet . 17 She didn ' t give pay for open the case with this 18 curt hearing for Your Honor to hear this case . 19 So whatever we file for the court hearing today, 20 4, ,it ' s not been put in the docket, recorded in the 21 , F docket . 00, 22 Two . When they enter the building, they 23 know they already violating United States Fourth 24 Amendment for search and seizure . They are City 25 of Boynton Beach . They act like that they are Prestige Reporting Service, Inc. (954) 764-7297 I info@prestigereportingservice.com FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/7/2022 4:55:00 PM 2023 SCHEDULE ARTS.GARA9 _ CONNECTING OUR COMMUNITY TO THE WORLD THROUGH THE Please join the mailing list For the Boynton Senior Advisory Board Partner Program for free tickets for shows. 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