APPLICATION FOR NOMINATION TO THE FIFTH DISTRICT COURT OF APPEAL COURT

(Please attach additional pages as needed to respond fully to questions.)

DATE: February 13, 2014 Florida Bar No.: 154296

Social Security No.: GENERAL: Lr---------]-. 1. Name Heather Pinder Rodriguez E-mail: ctjuh rt@_o_cn_,_jc_c_.o_r_,,.g ____ _

Date Admitted to Practice in Florida: October 5, 1998

Date Admitted to Practice in other States: n/a ~-------------~

2. State current employer and title, including professional position and any public or judicial office.

Circuit Court Jud_g_e, Ninth Judicial Circuit

3. Business address: 425 North Orange Avenue, Suite 1130

City Orlando County Orange State FL ZIP 32801

Telephone (407) 836-0545 FAX (40?1§.~.§:.~01_1_ _____ _

4. Residential address:

City

Since December 2004 Telephone )

5. Place of birth: Winter Park, Florida

Date of birth: June 17, 1973 Age: 40

6a . Length of residence in State of Florida: _4_0___L.._ye_a_r_s _ ____________ _

6b. Are you a registered voter? IZI Yes 0 No

If so, in what county are you registered? Orange

7. Marital status: ......:...:..::::::....:.Married ..:..=...:::...__ ____ ~-------------------,

If married: Spouse's name

Date of marriage

Spouse's occupation

If ever divorced give for each marriage name(s) of spouse{s), current address for each former spouse, date and place of divorce, court and case number for each divorce.

Not applicable.

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8. Children

Name(s) Age(s) Occupation( s) Residential address( es)

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9. Military Service (including Reserves)

Service Branch Highest Rank Dates

Not Applicable

Rank at time of discharge Type of discharge ------

Awards or citations

12a.

12b.

13.

14.

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15.

16.

17.

EDUCATION:

18a. Secondary schools, colleges and law schools attended.

Schools Class Standing Dates of Attendance Degree

J.D., with Florida State 102/217 8/95 - 5/98 honors University College of Law GPA: 82.446

B.S., Russian, Florida State Magna Cum University GPA: 3.763 8/91 - 5/95 Laude

B.A. lnternat'I Florida State Affa irs, Magna University GPA: 3.763 8/91 - 5/95 Cum Laude

Winter Park High l.B. Diploma 8/87 -5/91 School, Winter Park, Est. Top 10% (First class at Florida of class WPHS to

complete 4 years of the accellerated IB Program and receive an IB Diploma)

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18b. List and describe academic scholarships earned, honor societies or other awards.

A. Law School:

State of Florida Legislative Internship and Scholarship Award (awarded a one year internship with the State of Florida Senate President Jim Scott and then Toni Jennings, and provided a scholarship for law school tuition for one year), 1996-1997

Moot Court Team, 1996-1998

Champion, Stetson International Environmental Law Moot Court Competition, 1996

National Order of the Barristers, 1998

Book Award, Local Government Law, 1998

Maguire Voorhis & Wells Moot Court Final Four Competition, Finalist 1996 (Competition at the Florida Supreme Court for the top four oral advocates of the 1st year class)

B. Undergraduate

Full University Scholarship for Four Years, 1991 -1995

Acceptance to and Completion of the FSU Honors Program, 1991-1992

Florida Trend College Student of the Year, Semifinalist, 1995

FSU Greek Woman of the Year, 1994-1995

Seminole Award, university outstanding leadership award, 1994

Phi Beta Kappa, National Scholarship Honorary, 1994

Phi Kappa Phi, National Scholarship Honorary, 1994

Omicron Delta Kappa, Leadership and Scholarship Honorary, 1994

Order of Omega, Greek Leadership Honorary, President, 1994

Kappa Kappa Gamma, Rush Chair, 1994 -1995

Student Alumni Association, member, 1992-1995

Lady Scalphunters n/k/a Lady Spirithunters, member, 1992-1995

Homecoming Candidate (1 of 10 women selected as a Homecoming Court Candidate based on intensive interviews and demonstration of community involvement, leadership, and academic achievement), 1994

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Rho Chi, Sorority Rush Counselor, 1993

Panhellenic Executive Board, Treasurer, 1993-1994; Assistant Treasurer, 1992-1993

Gold Key, 1994

Orientation Leader, 1993

Orientation Leader Trainer, 1994

NON-LEGAL EMPLOYMENT:

19. List all previous full-time non-legal jobs or positions held since 21 in chronological order and briefly describe them.

Date Position Employer Address

PROFESSIONAL ADMISSIONS:

20. List all courts (including state bar admissions) and administrative bodies having special admission requirements to which you have ever been admitted to practice, giving the dates of admission, and if applicable, state whether you have been suspended or resigned.

Court or Administrative Body Date of Admission

Florida Bar 10/5/1998

Middle District of Florida 1999

LAW PRACTICE: (If you are a sitting judge, answer questions 21 through 26 with reference to the years before you became a judge.)

21. State the names, dates and addresses for all firms with which you have been associated in practice, governmental agencies or private business organizations by which you have been employed, periods you have practiced as a sole practitioner, law clerkships and other prior employment:

Position Name of Firm Address Dates

Senior Counsel Holland & Knight 200 S. Orange 8/98-1/12 Ave., Suite 2600 Orlando, Florida 32801

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Law Clerk Florida Office of the The Capital, PL-01 9/97-6/98 Attorney General Tallahassee, FL

32399

Maguire Voorhis & 2 S. Orange Ave., Summer Associate Wells 5/97-8/97 Orlando, FL 32801 (merged with H&K)

FL Senate Judiciary Director, 1996 Committee, FL 404 S. Monroe St. Florida Legislature 2/96-5/97 Senate Presidents Tallahasse, FL

Mobile Home Jim Scott & Toni 32399 10/94-8/95 Study Commission Jennings, and FL & Legal Intern Senate Majority (Republican) Office

5/95-8/95 Intern and Staff U.S. Senator Bob Tallahassee Aide Graham Constituent Office 6/94-8/94

22. Describe the general nature of your current practice including any certifications which you possess; additionally, if your practice is substantially different from your prior practice or if you are not now practicing law, give details of prior practice. Describe your typical clients or former clients and the problems for which they sought your services.

A. General Description of my Practice Before I was Appointed to the Bench.

I concentrated in the areas of construction litigation, commercial litigation, and landlord tenant law. I primarily represented general contractors, subcontractors, architects and suppliers in all aspects of construction disputes, including complex construction lien actions and delay claims. A significant portion of my practice involved representing national commercial property management companies, landlords and tenants in complex commercial leasing disputes, including disputes related to tenant improvements and build-outs, as well as evictions and breach of lease actions.

B. Prior Board Certification in Construction Law.

In 2005, I became the youngest woman, and second youngest lawyer in Florida, to become a Board Certified Construction Attorney - The Florida Bar's highest level of recogn ition of competency and experience for attorneys in the area of construction law. I successfully achieved certification on my first attempt in 2005 and recertification in 2011. In 2012, I allowed my certification to lapse due to my assignment to the criminal bench. As a criminal court judge I would no longer be able to attest that at least 40% of my practice includes substantial involvement in construction law cases.

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Federal Appellate % Civil 95 %

Federal Trial % Criminal %

Federal Other % Family %

State Appellate 2 % Probate %

State Trial 98 % Other GAL: 5 %

State Administrative %

State Other %

%

TOTAL 100 % TOTAL 100 %

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C. Description of Typical Former Clients.

Given my board certification and unique concentration in both construction and commercial leasing disputes, my typical client was a national or a large regional commercial property owner and/or property management company. I was retained to address construction disputes related to tenant improvements or build outs, or alternatively, breach of lease actions, including but not limited to code violations, non­payment of rent, non-monetary defaults, or failure to otherwise abide by lease terms and general contract claims.

I was also retained by national homebuilders and large regional contractors and sub­contractors to address contract disputes, lien claims, and delay claims, and I handled general commercial litigation matters and post judgment enforcement issues.

It should be noted that nearly 90% of my disputes involved contract claims, in which the contract at issue contained a jury trial waiver provision, and often mandatory mediation requirements, as this is the most economical option for my former business clients. These contracts also often contained a prevailing party attorney's fees entitlement, which further encouraged settlement of these disputes prior to the extraordinary expense of protracted litigation.

As a result, while my practice often involved aggressive pre-trial hearing practice and summary judgment motions, my cases often settled--because I convinced the other side of the flaws in their case, or I effectively counseled my client toward a business resolution in the best interest of their companies. It is, in part, for this reason that the Florida Bar established a separate certification for construction lawyers, since often jury and extensive trials are not sound options for business-minded clients.

23. What percentage of your appearance in courts in the last five years or last five years of practice (include the dates) was in:

Court Area of Practice

24. In your lifetime, how many (number} of the cases you have tried to verdict or judgment were:

Jury? 0 Non-jury? 7 -----

Arbitration? -0 ---- Administrative Bodies? 0

25. Within the last ten years, have you ever been formally reprimanded, sanctioned, demoted, disciplined, placed on probation, suspended or terminated by an employer or tribunal before which you have appeared? If so, please state the circumstances under which such action was taken, the date(s) such action was taken, the name(s) of any persons who took such action, and the background and resolution of such action.

No.

26. In the last ten years, have you failed to meet any deadline imposed by court order or received notice that you have not complied with substantive requirements of any business or contractual arrangement? If so, please explain in full.

No.

(Questions 27 through 30 are optional for sitting judges who have served 5 years or more.)

27a. For your last 6 cases, which were tried to verdict before a jury or arbitration panel or tried to judgment before a judge, list the names and telephone numbers of trial counsel on all sides and court case numbers (include appellate cases).

1. Lakeview Reserve Homeowner's Association, Inc. v. Maranda Homes, Inc. of Florida v. T.D. Thomson Construction Co., Ninth Judicial Circuit Court Case No.: 2007-CA-001762-0; (prevailed on summary judgment before Judge Cynthia McKinnon); rev'd by the Fifth District Court of Appeal, 48 So.3d 902 (Fla. 5th DCA 201 O); affd by the Florida Supreme Court, 127 So.3d 1258 (Fla. 2013) . Co-counsel for Maronda: Scott Johnson, Holland & Knight, (407) 244-1120; Attorney for Lakeview Reserve: Patrick Howell, Becker & Poliakoff, P.A. (407) 875-0955; Attorney for T.D. Thomson: Steve Pickert, Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP (407) 622-5250; Neil Hiler, pro se; Appellate Co-counsel for Maranda, Steven L. Brannock, Brannock & Humphries, (813) 223-4300; Amicus Counsel in support of Maronda: Nicholas A. Shannin, The Shannin Law Firm (407) 985-2222, Keith Hetrick, Ramba Law Group, (850) 727-7087 and David K. Miller, Broad and Cassel, (850) 681-6810.

2. Donald Simon v. Victor Patel, Ninth Judicial Circuit Court Case No.: 09-CA-027117; (prevailed on summary judgment before Judge John Kest); affd by the Fifth District Court of Appeal, 97 So.3d 240 (Fla. 5th DCA 2012); Donald Simon, prose. Mr. Simon is a licensed, but seemingly retired Illinois attorney. He is not licensed in Florida. His home number was (407) 704-3333.

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3. Weingarten Realty Investors v. John E. Winner, Inc. d/b/a Carpet One, Ninth Judicial Circuit Court Case No.: 2010-CA-19963 (prevailed on summary judgment before Judge John Kest); Attorney for John E. Winner, Inc.: Mel Pearlman, Mel Pearlman, P.A. (407) 566-8700

4. Weingarten Nostat, Inc. v. JCL, Inc. of Brevard, Typhoon Food, Inc .• Dieu Ho, Than Ngo, Julien C. Lee, and Barbara J. Ellis, Eighteen Judicial Circuit Court Case No.: 05-201 O-CA-039754 (prevailed on a series of summary judgment and final judgment motions as to each defendant before Judge John D. Moxley, Jr); Attorney for Barbara Ellis: Joseph G. Colombo, Mommers & Colombo (321) 751-1000; Attorney for Dieu Ho and Than Ngo: Beau Bowin, Bowin Law Group (321) 821-7440; JCL, Inc. of Brevard, prose; Typhoon Food, Inc., prose

5. Weingarten Realty Investors v. Tredwell USA, Inc., Meli, Inc., Tony Barlow, Andrea Molitor. and Scott Molitor, Ninth Judicial Circuit Court Case No. : 09-CA-20777 (prevailed on summary and final judgment motions against each defendant before Judge Thomas Mihok) Attorney for Scott Molitor: Joe Deleo, Watson, Soileau, Deleo, Burgett, Pickles & Baughan, PA. (321) 631-1550; Andrea Molitor, and her company, Moli, Inc., prose; Tony Barlow, and his company, Tredwell USA, Inc., defaulted

6. LBUBS 2004-C8 Sebastian Retail, LLC v. MSBG, Inc. and Antonio W. Magaro, Nineteenth Judicial Circuit Court Case No.: 31 2010 CA 074448 (prevailed on summary judgment before Judge Cynthia L. Cox); MSBG, Inc. and Antonio W. Magaro, pro se.

27b. For your last 6 cases, which were settled in mediation or settled without mediation or trial, list the names and telephone numbers of trial counsel on all sides and court case numbers (include appellate cases).

1. WRI Parkland v. Tyler & Brett Properties, Seventeenth Judicial Circuit Court Case No.: 1102493302; Attorney for Defendant, John Raymond, Akerman Senterfitt (561) 659-8660

2. Weingarten Realty Investors v. Westgate Resorts, Inc., Ninth Judicial Circuit Case No. 48-2010-CA-019904. Kathryn "Kate" G. Saft, Greenspoon Marder, P.A. (407) 425-6559

3. Florida Fine Wine and Spirits, LLC v. Beaver Construction Services, Inc. and Weingarten Nostat, Inc., Ninth Judicial Circuit Case No.: 48-2009-CA-019238-A. Steve E. Friedman, Law Offices of Steven Friedman (954) 385-7282; Gary Salzman and Gene Shipley, Gray Robinson, (407) 843-8880

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4. Weingarten Herndon Plaza v. Boardwalk Orlando One, LLC, Ninth Judicial Circuit Court Case No.: 2011-CA-11683-0, Christopher Salivar, Andrew M. Schwartz, P.A., (561) 347-6767

5. WRl-TC Alafaya Square v. Getter Enterprises, Inc., Eighteenth Judicial Circuit Court Case No.: 09-CA-7342-15-W. Mark Reisinger, Railey Harding & Allen, {407) 648-9119

6. Windermere Moss Park, RC, LLC v. ABC Phones of NC Management, et al. Ninth Judicial Circuit Case No: 201 O-CA-026358-0. Greg Zitani, West Coast Law PLLC, (941) 552-0373

27c. During the last five years, how frequently have you appeared at administrative hearings? Q average times per month

27d. During the last five years, how frequently have you appeared in Court? 4-6 average times per month

27e. During the last five years, if your practice was substantially personal injury, what percentage of your work was in representation of plaintiffs? n/a% Defendants? n/a%

28. If during any prior period you have appeared in court with greater frequency than during the last five years, indicate the period during which this was so and give for such prior periods a succinct statement of the part you played in the litigation, numbers of cases and whether jury or non-jury.

No. However, in my first three years of practice I routinely handled general commercial disputes and appeared in County Court on a more frequent basis. Also, a majority of my pro bono cases were in County Court and included residential eviction defense, lemon law claims, and other general civil litigation disputes.

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29. For the cases you have tried to award in arbitration, during each of the past five years, indicate whether you were sole, associate or chief counsel. Give citations of any reported cases.

None.

30. List and describe the six most significant cases which you personally litigated giving case style, number and citation to reported decisions, if any. Identify your client and describe the nature of your participation in the case and the reason you believe it to be significant. Give the name of the court and judge, the date tried and names of other attorneys involved.

1. Failure to Follow Precedent Creates Uncertainty and Rippling Impact through a Statewide Industry.

Lakeview Reserve Homeowner's Association, Inc. v. Maranda Homes, Inc. of Florida v. T.D. Thomson Construction Co., Ninth Judicial Circuit Court Case No.: 2007-CA-001762-0; (prevailed on summary judgment before Judge Cynthia McKinnon); rev'd by the Fifth District Court of Appeal, 48 So.3d 902 (Fla. 5th DCA 201 O); aff'd by the Florida Supreme Court, 127 So.3d 1258 (Fla. 2013) . Co-counsel for Maronda: Scott Johnson, Holland & Knight, (407) 244-1120; Attorney for Lakeview Reserve: Patrick Howell, Becker & Poliakoff, P.A. (407) 875-0955; Attorney for T.D. Thomson: Steve Pickert, Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP (407) 622-5250; Neil Hiler, prose; Appellate Co-counsel for Maronda, Steven L. Brannock, Brannock & Humphries, (813) 223-4300; Amicus Counsel in support of Maronda: Nicholas A. Shannin, The Shannin Law Firm (407) 985-2222, Keith Hetrick, Ramba Law Group, (850) 727-7087 and David K. Miller, Broad and Cassel, (850) 681-6810.

I served as primary pre-trial counsel for this matter, and handled all motion practice and discovery. I prepared, argued, and prevailed upon two separate Motions for Summary Judgment. In ruling in our favor, Judge Cynthia McKinnon followed established caselaw and found that the law of implied warranties does not extend to those elements not immediately supporting the residence. However, the Fifth District Court of Appeal, reversed, declared a conflict with the Fourth District Court of Appeal and created a new test for implied warranties that if adopted by the Florida Supreme Court would not only impact our client, but all builders and developers in Florida. The conflict among the circuits created uncertainty in the Jaw and concern within the statewide construction real estate development industries.

As a result of the Fifth District Court of Appeal's decision, new legislation was adopted by the Florida Legislature codifying the case law that existed prior to the Fifth District Court of Appeal's decision in this case. The Florida Supreme Court ultimately affirmed the Fifth District Court of Appeal and found that the new legislation did not apply to this case retroactively.

2. Consequences of Unethical Attorney Conduct and the Importance of Prompt and Decisive Action.

Donald Simon v. Victor Patel, Ninth Judicial Circuit Court Case No.: 09-CA-027117; (prevailed on summary judgment before Judge John Kest); aff'd 97 So.3d 240 (Fla. 5th

DCA 2012); Donald Simon, pro se. Mr. Simon is a licensed, but seemingly retired Illinois

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attorney. He is not licensed in Florida. His home number is (407)704-3333.

Mr. Patel is the owner of a Mail Boxes, Etc. franchise. Mr. Simon sold two gold watches to a person he did not know via E-bay, and rather than use Pay-Pal, elected to ship the packages COD. The watches were properly delivered and a certified check received. However, it was subsequently discovered by Mr. Simon that the checks were counterfeit. He then sued Mr. Patel under a plethora of legal theories. Mr. Patel's original counsel was disbarred, and his subsequent attorney was a recent law school graduate. I was retained and stepped in to handle this matter on an emergency basis forty-five days prior to trial. I conducted discovery, attended and prepared for the pre-trial conference and trial-but prevailed on a motion for summary judgment shortly before the trial was to commence.

The success in this case is attributable to my willingness to step in, quickly assess the situation, and take decisive and successful actions to prevail. The case also highlights the consequences faced by clients of unethical or unmentored attorneys.

3. The Importance of Knowing all the Facts before Making a Judgment.

Rita Simpson v. Debra Burgey, Eighteenth Judicial Circuit Court Case No. 05-1998-CA-020679 (Judge Mitchell Barlow, settled prior to trial); Attorney for Burgey: Dennis Fairbanks, Law Offices of Dennis Fairbanks, (321) 255-0143.

This was one of my first cases as an attorney. Our client leased a mobile home and its lot to Ms. Burgey. The mobile home was cited for numerous code violations-including the presence of raw sewage in the home. As a result, the tenant stopped paying rent and I, as a first year attorney, was asked to move to evict her and her children for failure to pay rent. When I was assigned the case, I was horrified . I did not go to law school to represent a perceived "slum lord" who would allow a single mother and her children not only to reside in such flith-but demand payment of rent for the dwelling. However, as I delved deeper into the case, I learned that the problems with the home were the sole result of the tenant's alleged refusal to allow the mobile home park's maintenance man access to the premises because he was of a different race than the tenant. It was our contention that unbridled prejudice prevented the tenant from allowing repairs to be made to the mobile home. The tenant ultimately moved out, and after protracted litigation, the case settled in 2001.

At first, I was frustrated with the settlement, but quickly realized that this was the best business resolution for our client-even if a day in court might have revealed misconceptions about the alleged cause of the problem. I also learned the importance of learning all the facts before rushing to judgment.

4. Giving Back through Pro Bono.

Linda Springer v. Gilbert Selby; Orange County Court Case No. 05-SC-10561 (prevailed at trial before Judge Wilfredo Martinez and awarded attorney's fees and costs, with a potential loadstar); Attorney for Selby: Edward P. Jordan, II, Esq., Edward P. Jordan, II, P.A., (352) 394-1000.

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Ms. Springer was referred to me by the Legal Aid Society of the Orange County Bar Association. Ms. Springer was the sole provider for her daughter and granddaughter. They lived in a rental property that was in deplorable condition. When her landlord refused to make repairs, Ms. Springer contacted Orange County Code Enforcement. The home was eventually condemned by Code Enforcement and Ms. Springer was forced to move. Once she vacated the home, the Landlord not only insisted on retaining her security deposit, but attempted to seek damages against her for accelerated rent for vacating the premises prior to the end of the lease term.

I served as the sole trial counsel for Ms. Springer before Judge Martinez. We prevailed on all counts, and Ms. Springer was awarded damages for her moving costs, relocation expenses, court costs, and attorney's fees. In making the award, Judge Martinez commented that we should be entitled to a loadstar, given that few attorneys would have taken on Ms. Springer's case, much less pursued it as aggressively and thoroughly. While certainly the trial victory gave me a great sense of professional satisfaction, the true reward was ensuring that Ms. Springer and her family's rights were protected and the landlord was held accountable for his actions.

5. The Complex Trial.

Sea Land Contractors, Inc. v. City of Hallandale, Seventeenth Judicial Circuit Court Case No.: 97-1729 CACE (04} (lost at trial before Judge Patricia Cocalis); Attorney for Sea Land Contractors: Ira Libanoff, Ferencik, Libanoff, Brandt and Bustamante, P.A., (954) 474-8080; Co-counsel for City of Hallandale and lead trial attorney, Steven R. Schooley, The Schooley Law Firm, (407) 377-6300.

Our client, the City of Hallendale, contracted with Sealand Contractors to build a municipal facility. The City claimed that there were numerous defects with the construction, ceased payment, and terminated the contractor. I served as third chair for this six week bench trial in Ft. Lauderdale before Judge Cocalis. I assisted with document production, discovery, depositions, and drafted all motions and trial briefs. The trial exhibits for both sides took up the first four rows of the seating areas in the courtroom.Through this experience, I learned to manage complex, document intensive litigation, and lengthy trial periods--and the importance of making an appellate record during all phases of the litigation and trial.

6. The Importance of a Tenacious and Dedicated Advocate. A GAL Case.

In the interest of A.B., et al. Ninth Judicial Circuit Court Case No.: JU99-3363 (Circuit Court Judge Jose Rodriguez). Attorney for the Department of Children & Family Services: Kristen Teany, Esq., (407) 719-6340; Attorney for Mother: Laurie Lloyd Gordon (Deceased per the Florida Bar); Attorney Ad Litem: Julie Koves (407) 422-2454; and Attorney for Father: Julie Kaufman, {407) 513-1900, ext. 7160,

For one of my first GAL cases, I was assigned to represent a two year old girl who was born 13 weeks premature, and tested positive for both cocaine and HIV, and her two older siblings. The toddler was living with and became attached to her maternal grandmother and was thriving in the HugMe program for pediatric HIV treatment. The child's mother had completed several rehabilitation efforts, was progressing through

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drug court, and living in a half way home. She desperately, and understandably wanted to be reunited with her child, yet she did not meet all of her drug court requirements, had difficulty keeping appointments, and could not find gainful employment. The Department of Children and Families advocated for reunification-yet I saw no empirical evidence that this mother could care for a child with special needs, numerous medical appointments, and a rigorous medication schedule. As such, I had no choice but to advocate for the best interest of my client and against reunification.

I went on maternity leave, and a new attorney was assigned to the case. In my absence, the child was reunited with her mother, only to be found a few weeks later abandoned, while the mother was tending to her own addiction. Fortunately, the child was unharmed, and returned to her grandmother. When I returned from maternity leave, we completed the process for the grandmother to maintain custody of the child.

In the course of this case, I learned the importance of advocating for your client and the difference that one persistent voice in the courtroom can make.

31. Attach at least one example of legal writing which you personally wrote. If you have not personally written any legal documents recently, you may attach writing for which you had substantial responsibility. Please describe your degree of involvement in preparing the writing you attached.

Tab 1. Chandler v. City of Sandford, 121 So.3d. 657 (Fla. 5th DCA 2013). Opinion. I was the sole author of this opinion.

Tab 2. Lakeview Reserve Homeowners Association, Inc. v. Maronda Homes, Inc. of Florida v. T.D. Thomson Construction Co., Ninth Judicial Circuit Court Case No.: 2007-CA-001762-0: Defendant, Maranda Homes, Inc. of Florida's Motion for Summary Judgment against Plaintiffs Amended Complaint and Supporting Memorandum of Law. I was the primary author of this motion, and it was minimally edited prior to filing by Scott Johnson.

PRIOR JUDICIAL EXPERIENCE OR PUBLIC OFFICE:

32a. Have you ever held judicial office or been a candidate for judicial office? If so, state the court(s) involved and the dates of service or dates of candidacy.

I have served as Circuit Court Judge for the Ninth Judicial Circuit since March 8, 2012. I also served as an Associate Judge for the Fifth District Court of Appeal in July, 2013.

32b. List any prior quasi-judicial service:

Dates Name of Agency Position Held

None.

Types of issues heard:

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32c. Have you ever held or been a candidate for any other public office? If so, state the office, location and dates of service or candidacy.

No.

32d. If you have had prior judicial or quasi-judicial experience,

(i) List the names, phone numbers and addresses of six attorneys who appeared before you on matters of substance.

1. Diana Tennis, Esq., The Law Offices of Diana M. Tennis, {407) 246-1100, 636 West Yale Street, Orlando, Florida 32804

2. David Bigney, Esq., The Bigney Law Firm, (407) 425-6068, 203 East Livingston Street, Orlando, Florida 32801

3. Rafael Rodriguez, Esq., Assistant State Attorney,(407) 836-2402, 415 North Orange Avenue, Orlando, Florida 32801

4. Suzanne Race,, Esq. Assistant Public Defender, Ninth Judicial Circuit, (407) 836-4800, ext. 4761, 435 North Orange Avenue, Suite 400, Orlando, Florida 32801

5. Matthew Ferry, The Law Office of Warren Lindsey, (407) 644-4044, 1150 Louisiana Avenue, Suite 2, Winter Park, Florida 32789

6. Deb Barra, Assistant State Attorney, Ninth Judicial Circuit, (407) 836-2402, 415 North Orange Avenue, Orlando, Florida 32801

(ii) Describe the approximate number and nature of the cases you have handled during your judicial or quasi-judicial tenure.

1. Ninth Judicial Circuit, Division 11, Criminal Division. Since March 8, 2012, I have served as the judge for Division 11, one of the circuit's oldest criminal divisions. Our division is assigned cases involving a third degree felony or higher. According to the clerk of court records, I have closed approximately 2,898 cases since March 8, 2012. My cases range from felony drug offenses to murder, child molestation, and other violent crimes. I am pleased to report that our division routinely ranks in the top three of the most productive divisions based on monthly caseload reports. When I started in our division, we routinely had over 510 open cases each month. Through an aggressive case management approach, we have reduced that number to around 380 to 410 open cases per month. This ensures that cases are being handled in an efficient and timely manner and allows the court more time to try the more severe and longer trials, rather than be caught up meeting speedy trial demands in smaller cases. Also, given the age of our division, we have many post-conviction cases to address as well.

2. Fifth District Court of Appeal. As an Associate Judge in July 2013, I was assigned six cases. Two were civil cases, two were family law cases, and the remainder were criminal cases. One of the family law cases withdrew its request for oral argument two days prior to the date set for the oral argument.

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(iii) List citations of any opinions which have been published.

Chandler v. City of Sanford, 121 So.3d 657 (Fla. 5th DCA 2013). Please see attachment at Tab 1 of this application for a copy of this opinion.

(iv) List citations or styles and describe the five most significant cases you have tried or heard. Identify the parties, describe the cases and tell why you believe them to be significant. Give dates tried and names of attorneys involved.

1. High Profile Media Case.

State of Florida v. Caryn Kelley, Ninth Judicial Circuit Court, Case No. 2011-CF-10200-A-O (May 16, 2013 - May 28, 2013). Candra Moore, Esq., Assistant State Attorney, and Diana Tennis. Esq.

Ms. Kelley was a real estate agent in College Park, a trendy historical downtown neighborhood in Orlando. Ms. Kelley was accused of shooting and killing her long time boyfriend after an argument. In the wake of the Casey Anthony and Jodi Arias trials, Ms. Kelley's case garnered national media attention. Production teams from Court TV, now known as "In Session", 48 Hours, and Dateline were present throughout the trial, as well as local media. The case was carried live via the internet and nightly updates were given on the local news and Headline News personality, Nancy Grace.

There were numerous pretrial motions to suppress and in limine that were thoroughly briefed and argued in advance of the trial. The trial demanded exceptional organization and preparation to ensure that the proceedings would be handled respectfully and efficiently. During the course of the trial, I had the added responsibilities of maintaining appropriate decorum in the crowded courtroom, as well as protecting the public's right to observe all court proceedings and the interests of the jury.

2. Adherence to the Law.

State of Florida v. Ansar Mohammed, Ninth Judicial Circuit Court, Case No. 2012-CF-12288-A-O (Various Hearings in September, 2013) Rafael Rodriguez, Esq., Assistant State Attorney, and Eric Trabin, Esq.

Mr. Mohammed was accused of possessing pornographic photographs of a young family member and stalking her once she became an adult. Mr. Mohammed pied nolo contrendre to these charges and agreed to serve a term of sexual offender probation. After meeting with his probation officer, the defendant requested a variance to his probation that would allow him to live within 1000 feet of a school--a condition barred by the statutory terms of sexual offender probation. The defense requested that I remove this statutory requirement of the defendant's sentence. The state stood silent on the issue, and left the matter to the discretion to the court.

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After reviewing the statutory provisions and the relevant case law, I determined that despite the state's silence, it was the trial court's obligation to follow the law as set forth in statute and enforce all statutory terms of sexual offender probation. The matter is now on appeal before the Fifth District Court of Appeal.

3. Trial of Double Murder Case after Appeal to the U.S. Supreme Court.

State of Florida v. Joseph Modeste, Ninth Judicial Circuit Court, Case No.: 2003-CF-10938-A-O (January 15, 2014 - January 28, 2014). Candra Moore, Esq., Assistant State Attorney, and F. Wesley Blankner, Jr., Esq. (407) 894-0341

Mr. Modeste, a residential landlord, was accused of shooting and killing two of his tenants over a dispute regarding unpaid rent and illegal activities on the premises. After the shooting, Mr. Modeste absconded from the area and was found approximately thirteen months later in Illinois. At the ensuing police interview, Mr. Modeste confessed to the killings. However, a previous trial court judge determined that Mr. Modeste's Miranda Rights were violated and suppressed the confession. The state appealed and the trial court suppression was eventually overturned by the U.S. Supreme Court.

The trial possessed all of the standard complexities of a murder trial, with additional issues related to imposing the self defense law in existence at the time of the offense, rather than current stand your ground laws, as well as the unique jury instructions and sentencing guidelines from 2003.

4. Child Pornography and the Use of Expert Witnesses.

State of Florida v. German Delatorre, Ninth Judicial Circuit Court, Case No. 201 O­CF-9598-A-O (November 13, 2012 - November 16, 2012). Deb Barra, Esq. Assistant State Attorney, and Suzanne Race, Esq., Assistant Public Defender.

Mr. Delatorre was charged with possessing over 57 images of child pornography. While the issues before the court were relatively straightforward, during the course of the proceeding, I needed to be sensitive to the needs of the jury, the inflammatory nature of the images being shown in the courtroom, and managing various expert witnesses--including experts in the emerging field of electronic data recovery.

5. Complex Murder Case and Related Pretrial Motions.

State of Florida v. Artavia Williams, Ninth Judicial Circuit Court, Case No.: 2012-CF-83-B-O (October 11 , 2012 - October 22, 2012). Pam Davis, Esq., Assistant State Attorney and Mark Wixtrom, Esq. and Bruce Mount, Esq., Assistant Public Defenders.

Mr. Artavia Williams, along with his brother, were accused of shooting and killing two young men on Christmas Eve in 2011 . There were numerous complex pretrial motions, particularly motions related to the investigative privilege and the admissibility of various issues related to the defense's theory of the case.

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(v) Has a complaint about you ever been made to the Judicial Qualifications Commission? If so, give date, describe complaint, whether or not there was a finding of probable cause, whether or not you have appeared before the Commission, and its resolution.

No.

{vi) Have you ever held an attorney in contempt? If so, for each instance state name of attorney, approximate date and circumstances.

No.

(vii} If you are a quasi~judicial officer (ALJ, Magistrate, General Master), have you ever been disciplined or reprimanded by a sitting judge? If so, describe.

No.

BUSINESS INVOLVEMENT:

33a. If you are now an officer, director or otherwise engaged in the management of any business enterprise, state the name of such enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your appointment or election to judicial office.

Not applicable.

33b. Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates.

No.

33c. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association of any kind. If so, identify the source of such compensation, the nature of the business enterprise, institution, organization or association involved and the dates such compensation was paid and the amounts.

None.

POSSIBLE BIAS OR PREJUDICE:

34. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which would limit the cases for which you could sit as the presiding judge. Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to sit as the presiding judge. Indicate the reason for each situation as to why you believe you might be in conflict. If you have prior judicial experience, describe the types of cases from which you have recused yourself.

Other than the limitations imposed by Canon 3(E)(1) of the Code of Judicial Conduct, I would have no conflict or other reason for recusing myself from any cases or litigants.

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MISCELLANEOUS:

35a. Have you ever been convicted of a felony or a first degree misdemeanor?

Yes No X If "Yes" what charges?

Where convicted? ~~~~~~~~~~

Date of Conviction:

35b. Have you pied nolo contendere or pied guilty to a crime which is a felony or a first degree misdemeanor?

Yes No X If "Yes" what charges?

Where convicted? Date of Conviction:

35c. Have you ever had the adjudication of guilt withheld for a crime which is a felony or a first degree misdemeanor?

Yes No X If "Yes" what charges?

Where convicted? ~~~~~~~~~~-

Date of Conviction: -~~~~~~-

36a. Have you ever been sued by a client? If so, give particulars including name of client, date suit filed, court, case number and disposition.

No.

36b. Has any lawsuit to your knowledge been filed alleging malpractice as a result of action or inaction on your part?

No.

36c. Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice? If so, give particulars, including the amounts involved.

No.

37a. Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you?

No.

37b. Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of any corporation by which or against which a petition in bankruptcy has been filed? If so, give name of corporation, your relationship to it and date and caption of petition.

No.

38. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so, please supply the jurisdiction/county in which the lawsuit was filed, style, case number, nature of the lawsuit, whether you were Plaintiff or Defendant and its disposition.

No.

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39. Has there ever been a finding of probable cause or other citation issued against you or are you presently under investigation for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, or other professional group. If so, give the particulars.

No.

40. To your knowledge within the last ten years, have any of your current or former co­workers. subordinates, supervisors, customers or clients ever filed a formal complaint or formal accusation of misconduct against you with any regulatory or investigatory agency, or with your employer? If so, please state the date(s} of such formal complaint or formal accusation(s), the specific formal complaint or formal accusation(s) made, and the background and resolution of such action(s). (Any complaint filed with JQC, refer to 32d(v}.

No.

41. Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If yes, please state the nature of the investigation, the agency conducting the investigation and the expected completion date of the investigation.

No.

42. In the past ten years, have you been subject to or threatened with eviction proceedings? If yes, please explain.

No.

43a. Have you filed all past tax returns as required by federal , state, local and other government authorities?

Yes i:gj No D If no, please explain.

43b. Have you ever paid a tax penalty?

Yes D No i:gj If yes, please explain what and why.

43c. Has a tax lien ever been filed against you? If so, by whom, when, where and why?

No.

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HONORS AND PUBLICATIONS:

44. If you have published any books or articles, list them, giving citations and dates.

''The Annotated Construction Law Glossary," American Bar Association Forum on the Construction Industry, contributing author, August 2010

"Chapter 8: Developing and Financing Green Buildings," Green Building and Sustainable Development: The Practical Legal Guide, ABA. 2009

"Managing your Mistress," The OCBA Briefs, May 2009

"Building Green in the Black: More than Just the Right Thing to do," The Real Estate Finance Journal, Summer 2007

"Preparing for Disasters: Boy Scout Lessons for Owners and Contractors," The Real Estate Finance Journal, Winter 2006

Co-editor, Holland & Knight Construction Industry Practice Group's National Newsletter and Alerts, 2011-2012

"Florida Construction Lien Law Update," Holland & Knight Construction, Newsletter -Fourth Quarter, 2003

"Landlord Consent to Lease Assignments and Subletting - Be Reasonable or Be Sorry!," Holland & Knight Real Estate, Newsletter - 1st Quarter , 2002

"Right of Soldiers to Terminate Residential Leases," Holland & Knight Real Estate, Newsletter - 1st Quarter, 2002

"Florida Update.'' Holland & Knight Construction, Newsletter - Third Quarter, 2001

45. List any honors, prizes or awards you have received. Give dates.

A. National and Statewide Rankings:

Chambers USA - America's Leading Business Lawyers guide, recognized as one of Florida's top Construction Lawyers, 2009-2011

Rising Stars, Florida Super Lawyers magazine, 2009-2011

Top Women Lawyers, Orlando Home & Leisure, 2012

Legal Elite, Florida Trend, 2010

Martindale Hubbell - AV Rated, 2009 -

Florida Legal Elite "Up & Comer," Florida Trend, 2007

B. State and Local Awards and Honors

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award, Orange County Bar Association, 2009 (the highest honor bestowed by the local bar to a lawyer practicing less than 15 years for professionalism)

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Florida Supreme Court and Florida Bar Young Lawyers Division Pro Bono Award, 2008 (awarded to one young lawyer each year by the Florida Supreme Court for exceptional pro bona advocacy and service)

Liberty Bell Award, Orange County Bar Association, 2008 (awarded to one lawyer or non-lawyer each year during Law Week for commitment to civic leadership and education)

"Leader in the Law," Inaugural Class, Florida Association of Women Lawyers, 2009 (1 of 25 women lawyers recognized for outstanding leadership, legal service, and community service)

Women Who Mean Business Award Nominee, Orlando Business Journal, 2007

Young Lawyer Section Award of Excellence, Orange County Bar Association, 2006-2009

Gala Co-Chair Award of Appreciation, Orange County Bar Association, 2006

"40 Under 40," Orlando Business Journal, 2006 Nominee

46. List and describe any speeches or lectures you have given.

As a Circuit Court Judge:

"Leadership: Characteristics of Leaders who Serve with Integrity." Keynote Speaker, Claims & Litigation Management Alliance ("CLM") National Conference, January 24, 2014

Central Florida Association of Women Lawyers "How to Network Annual Luncheon" Table Presenter and Captain, January 10, 2014

"Opportunities for Women and Minorities in the Legal Profession." Moderator, Central Florida Association of Corporate Counsel, Street Law Program, November 8, 2013

"The Importance of Making Good Choices." Central Florida Association of Corporate Counsel, Street Law Program, November 13, 2013

"Pathways to the Bench" Panel Member, Hispanic Bar Association of Central Florida, September 26, 2013.

Scheduled Speaker on the following panels at the upcoming Orange County Bar Association Bench Bar Conference on April 11, 2014: (1) Use of Experts in Trial Cases, (2) Media Relations in High-Profile Cases (along with Judge Belvin Perry and Judge Debra Nelson); (3) Evidentiary Issues in Criminal Trials, and (4) Social Media Issues.

As a Lawyer:

"One if by Land, Two if by Sea: The Expansion of Florida's Ports." Moderator, Orlando Commercial Real Estate Women, September 21 , 2011

"Handshakes or Hand-to-Hand Combat: Dealing with Professionalism Challenges Outside the Courtroom," Orange County Bar Association, June 10, 2011

"Abstaining from Offensive Personality: Discovery Misbehavior in Civil Litigation," Florida

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State University College of Law Ethics Workshop, October 30, 2009

"Problem Tenants," Sterling Education Services, LLC, July 21, 2009

"Managing your Mistress: Professionalism for the Young Lawyer," Orange County Bar Association, April 16, 2009

"The Florida Bar's Pro Bono Commitment: "Never Reject the Defenseless or Oppressed," Florida State University College of Law Ethics Symposium, November 14, 2008

"Construction Defects Litigation," 2008 Florida Bar Construction Law Certification Review Course, March 8, 2008

"Contract Drafting Issues for Complex Construction," National Business Institute, September 11, 2007

"Practical Construction Law," Federal Publications Seminar for Sarasota County, Florida, May 1, 2007

"Florida Construction Lien Law," Holland & Knight Construction Practice Group, April 3, 2007

"Alternative Dispute Resolution in the Construction Industry," National Precast Concrete Industry Convention, February 24, 2007

"Lobbying: Real World Introduction," Florida Bar YLD Annual Government Symposium, January 19, 2007

"How Shall We Grow?," Orlando Regional Chamber of Commerce, 2007

"Work-Life Balance Issues," Central Florida Association of Women Lawyers, May 3, 2006

"Building Code Enforcement and Violation Proceedings," Lorman Education Services, January 11, 2005

"Local Bar Committee Leadership," Orange County Bar Association Young Lawyer's Executive Council Retreat, June 10, 2004

"Commercial and Residential Tenant Evictions, .. Sterling Education Services, LLC, November 19, 2003

"State and Federal Mold Legislation Update," Holland & Knight Breakfast Briefing for the Construction Industry, June 10, 2003

"Planning Ahead to Avoid Tenant Problems," Bank of America Southeast Regional Trust Real Estate Annual Meeting, May 14, 2003

"Construction Contract Issues," Holland & Knight Breakfast Briefing for the Construction Industry, February 11, 2003

"Americans with Disability Act and Fair Housing Act Issues for the Construction Industry," AIA Regional Conference, September 27, 2001

"Evictions and Landlord/Tenant Law in Florida," National Business Institute, August 8, 2001

"Garnishment ABC's," Hughes Supply Legal Department, August 2, 2000

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47. Do you have a Martindale-Hubbell rating? Yes [g,) If so, what is it?_No D I have been AV Rated by Martindale-Hubbell since 2009. Please visit my Martindale­Hubbell link to view specific information on my rating and peer reviews.

http://www. marti ndale.com/Heather-Pinder-Rod riguez/822093-lawyer. htm ?view=cr

PROFESSIONAL AND OTHER ACTIVITIES:

48a. List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged.

Orange County Bar Association Legal Aid Society Board of Trustees, President, 2009-2010, Immediate Past President, 2010-2011, President Elect, 2008-2009, Secretary, 2007-2008, Board Member, 2005-2011.

Florida Bar Young Lawyers Division ("YLD") Board of Governors, elected Ninth Judicial Circuit Representative, 2003-2009, Appointed Senior Member, 2010-2011. Chair, 2010-2011, Statewide Pro Bono Committee; Director, 2008 Statewide Pro Bono Initiative; Co­Chair, 2007 Government Symposium; Chair, 2006 Affiliate Outreach Conference; Liaison; and Statewide Chair 2006, FEMA Disaster Pro Bono Service

Orange County Bar Association, Young Lawyers Division, Executive Board Member, 2003-2009

Commercial Real Estate Women, Orlando Chapter, 2011-2012. Programs Committee Member, 2011; 2011 Rising Star Nominee (award for outstanding new member).

Orange County Bar Association Foundation, Board Member, 2006-2009

American Bar Association, Member, Construction Law Forum, 1998-2010

Associated General Contractors of America, Member 1999; Member of the AGC Young Constructors, 2001

Florida State University College of Law Alumni Board of Directors, 2009 - ; Chair, Outreach Committee, 2010-2011

Central Florida Association of Women Lawyers, member, 2008-; Judicial Liason 2012-

Florida Bar Real Property Probate and Trust Law Section, Construction Law Committee, member, 2008-2012

Alarm Association of Florida, Inc., General Counsel, 2006-2008

Orange County Bar Association, Chair, Gala 2006; Chair, Law Week 2002; Judicial Chair, Law Week "Day in the Life of a Judge" 2013, 2014

American Bar Association Young Lawyers Division Business Law Section, Vice-Chair, 2002-2004;

American Bar Association Young Lawyers Division Litigation Committee, Member, Executive Sub-committee, 2002-2004

Central Florida Associated Builders and Contractors, Chair, 2002 Education Committee

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Leadership positions at Holland & Knight. Rising Stars, 2011 (1 of 5 women selected nationwide from the firm in a highly competive selection process to participate in a year long intensive business leadership and development program); Pro Bono Coordinator for the Orlando Office, 2010-2012 (responsible for leading pro bona work for over 55 attorneys in the Orlando office); Co-editor, H&K National Construction Industry Practice Group Newsletter, 2011-2012 ; Chair, H&K Lunch with Leaders Program, 2011-2012; Orlando Women's Initiative Coordinator, 2008-2010 and Co-Coordinator 2002-2008 (led community, business, and internal events for the promotion and development of women lawyers, business owners, and community leaders); Summer Associate Coordinator, 2005 (organized work loads and professional development activities for the summer law clerks).

48b. List, in a fully identifiable fashion, all organizations, other than those identified in response to question No. 48(a), of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization.

Leadership Orlando, Class 65.

Leadership Orlando Alumni Association, Speaker's Bureau Member, 2006

Florida State University Seminole Torchbearers Board of Directors, an organization for exceptional student and alumni leaders. 2009-2012

Dommerich Elementary School Advisory Council, Elected Member, 2007-2012. Bylaw Committee Secretary 2011

Orange County Mayor's Women Leadership Summit, Executive Steering Committee and Host Committee, 2006-2007

First United Methodist Church of Winter Park, Member, 2007-; Staff Parrish Relations Committee, 2011- ; Chair 2012-2013; Active Member, frequent adult Bible study facilitator, Youth Sunday School facilitator, Second Grade Sunday School Teacher, 2012-2013, Confirmation Mentor, 2013, and member of the Studio 150 Committee. Representative studies I have led include Biblical Financial Study by Crown Ministries, The Hole in Our Gospel by Rick Sterns Lawyer Lent Study Group, and Too Busy Not to Pray.

First Presbyterian Church of Orlando, Member, 2001-2007

City of Maitland, Florida Charter Review Commission; At-Large Appointed Member, 2011-2012.

48c. List your hobbies or other vocational interests.

I enjoy spending quiet time with family and friends, laughing and reading with my children, attending our children's various recitals and sporting events, and cheering for my beloved FSU Seminoles. As a family, we enjoy participating in community service projects together, going on bike rides and, our latest passion ... Family 5Ks, which I have been training for since August 2013. I am also an avid reader and the omni-present family photographer.

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48d. Do you now or have you ever belonged to any club or organization that in practice or policy restricts (or restricted during the time of your membership) its membership on the basis of race, religion, national origin or sex? If so, detail the name and nature of the club(s) or organization(s), relevant policies and practices and whether you intend to continue as a member if you are selected to serve on the bench.

Kappa Kappa Gamma Sorority, Epsilon Zeta Chapter, Florida State University, Active Member, 1991-1995, Alumna, 1995- . Kappa Kappa Gamma is a national sorority for college women. While the sorority does not restrict membership based on race, religion, or national origin, membership is limited to only women. If appointed to the bench, I intend to continue my alumna status in the organization

During college I was also an elected leader to Panhellenic Executive Council, which governs the sororities at FSU and also a Lady Scalphunter, now known as Lady Spirithunters. I am no longer an active member of these organizations.

48e. Describe any pro bono legal work you have done. Give dates.

On January 31, 2008, I received the Florida Bar Young Lawyers' Section Pro Bono Award, which is awarded by the Florida Supreme Court to one young lawyer each year at the Florida Supreme Court's annual pro bono award ceremony. While the award recognized my body of pro bona work throughout the years, the award was primarily given to me for my pro bono efforts to secure the release of Cuc Foshee, an American Citizen and resident of Orange County. While visiting her native country, Vietnam, Cuc was arrested and imprisoned. For over a year she was held in barely humane conditions without access to counsel, family members, representatives of the embassy, or medical care. In November, 2006, I was retained by her daughter, Elizabeth McCausland, to use the full force and reach of Holland & Knight's international presence to advocate for her mother's release.

I Jed a team of Holland & Knight lawyers in Florida and throughout the United States, to advocate for Cue's release. Our work included drafting a white paper in support of Cue's release, working with international human rights organizations, coordinating efforts with the state department and various embassies, organizing international, national, local media advocating for her release, responding to media inquiries, and reaching out to government officials at all levels to advocate for her release. As a result of our efforts, Cue's case came to the attention of United States Senator Mel Martinez, who championed her cause. Cuc was eventually released less than 60 days from the date of our engagement. Months later, in his final speech on the floor of the United States Senate Chambers, Senator Martinez described his participation in the efforts to secure Cue's freedom as the highlight of his career as a United States Senator and recognized the work of Holland & Knight.

You can learn more about my work and the basis for this award at the following link to the original Florida Bar press release: http://www.floridabar.org/TFB/TFBPublic.nsf/WNewsReleases/D8AD1 OD3564D4FE8852 573C9006A680F?OpenDocument

You may also view a brief interview with me about the case at the following link: https://webinars.hklaw.com/p78342576/

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The remainder (and bulk) of my pro bono work as a lawyer included representing minors as a guardian ad litem, tenants in residential landlord-tenant disputes, car owners in lemon law cases, victims of credit fraud and identity theft, victims of hurricanes and other natural disasters through FEMA and the ABA's disaster relief pro bono program, deployed military personnel on civil litigation issues, and non-profits through the Legal Aid Society's partnership with the Rollins Philanthropy Center. I have also served as a court appointed advocate for a minor victim in a sex abuse criminal proceeding. In total, I have provided over 1,000 hours of pro bona work, and as such, to provide you with a list and date for each pro bono case would be voluminous.

In addition to performing pro bona work, I have organized and led efforts to encourage other lawyers to perform pro bono work. These leadership efforts include ( 1) President, Legal Aid Society of the Orange County Bar Association, 2009-2010 (2) Pro Bono Coordinator, Orlando Office of Holland & Knight, LLP, 2009-2012 (3) Statewide Pro Bono Chair, Florida Bar Young Lawyers Division, 2010-2011 and 2008; and (4) Statewide Coordinator and Liaison for the Florida Bar and FEMA/ABA Disaster Relief Pro Bono Program for the Florida Bar Young Lawyers Division, 2006. I have also spoken at several seminars and Florida Bar events on the importance and intrinsic value of pro bona service.

SUPPLEMENTAL INFORMATION:

49a. Have you attended any continuing legal education programs during the past five years? If so, in what substantive areas?

As a judge, I attended Judicial College, which is a two week intensive training and education program on substantive legal issues in criminal law as well as trial and docket management. I also attended Death Penalty Training for one week in June, 2012 and am qualified to handle death penalty cases. I attended the Circuit Court Judges annual conference in August 2012 and an intenstive three day seminar on sentencing as part of the Advanced Judicial Studies program in 2013. I have also participated in required diversity training and education programs in 2013.

As a lawyer, I attended and taught numerous continuing legal education ("CLE") programs related to construction law, commercial leasing litigation, and professionalism. Many of these programs are indentified in response to Question Nos. 46 and 49b. Jn addition to meeting the minimum CLE standards for my Florida Bar membership, I also successfully satisfied the more rigorous CLE requirements to become re-certified as a Board Certified Construction Lawyer by the Florida Bar.

49b. Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in what substantive areas?

Prior to becoming a judge, I routinely tought classes in construction law, commercial leasing litigation, and professionalism for the Florida Bar and national continuing legal education programs such as Lorman, Sterling Education Services, Federal Publications, and individual industry groups . Of particular note, I have been a featured lecturer at the Florida Bar Construction Law Certification Review Course, and taught a day long seminar on construction law issues for building officials and staff for Sarasota County.

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have also given several lectures on the importance of professional conduct among members of the bar to each other and before the court.

As a judge, I am scheduled to present at four one hour seminars at the upcoming Orange County Bar Association Bench Bar Conference on April 11 , 2014.

A list of these seminars and lectures are below. (Please note, some of the seminars listed below were also identified in response to Question 46 above regarding all speaking engagements. However, each of the seminars or lectures below received CLE credit or are otherwise responsive to this specific question.)

"Handshakes or Hand-to-Hand Combat: Dealing with Professionalism Challenges Outside the Courtroom/' Panel Member, Orange County Bar Association, June 10, 2011

"Absta ining from Offensive Personality: Discovery Misbehavior in Civil Litigation," Florida State University College of Law Ethics Workshop, October 30, 2009

"Problem Tenants," Sterling Education Services, LLC, July 21, 2009

"Managing your Mistress: Professionalism for the Young Lawyer," Orange County Bar Association, April 16, 2009

"The Florida Bar's Pro Bono Commitment: "Never Reject the Defenseless or Oppressed," Florida State University College of Law Ethics Symposium, November 14, 2008

"Construction Defects Litigation," 2008 Florida Bar Construction Law Certification Review Course, March 8, 2008

"Contract Drafting Issues for Complex Construction," National Business Institute, September 11 , 2007

"Practical Construction Law," Federal Publications Seminar for Sarasota County, Florida, May 1, 2007

"Lobbying: Real World Introduction," Florida Bar YLD Annual Government Symposium, January 19, 2007

"Building Code Enforcement and Violation Proceedings," Lorman Education Services, January 11, 2005

"Commercial and Residential Tenant Evictions," Sterling Education Services, LLC, November 19. 2003

"Evictions and Landlord/Tenant Law in Florida," National Business Institute, August 8, 2001

Scheduled Speaker on the following panels at the upcoming Orange County Bar Association Bench Bar Conference on April 11, 2014: (1) Use of Experts in Trial Cases, (2) Media Relations in High-Profile Cases (along with Judge Belvin Perry and Judge Debra Nelson); (3) Evidentiary Issues in Criminal Trials, and (4) Social Media Issues.

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50. Describe any additional education or other experience you have which could assist you in holding judicial office.

A. Legislative Experience.

Prior to becoming an attorney, I worked for the Florida Senate as a (1) Session Secretary and Intern for the Florida Senate Majority (Republican) Office, (2) legal intern for Florida Senate Presidents Jim Scott and Toni Jennings, (3) law clerk and Session Staff Aide for the Florida Senate Judiciary Committee, and ultimately, (4) Director of the 1996 Florida Legislature's Mobile Home Study Commission.

In each of these positions, I worked my way from an unpaid internship to a paid position. During my time at the Florida Senate, I assisted with researching, drafting, amending, and revising legislation that ultimately became law. I also routinely researched and drafted staff analyses.

Through these experiences I gained a unique perspective on the creation of our laws and a deep respect for the process. As a result, I believe judges and lawyers have an unwaivering obligation to abide by and uphold the laws enacted by the elected members of our legislature, or by our citizens directly through the constitutional amendment process, unless the law is unconstitutional.

B. Associate Judge for the Fifth District Court of Appeal.

In July, 2013, I served as an associate judge for the Fifth District Court of Appeal. In this role, I prepared for and heard arguments for six cases, and authored an opinion. (See Tab 1.) You may view the oral arguments for these cases at the following website:

http://www.5dca.org/Archived0As/2013/Aoa07-16-13.pdf

http://www.5dca.org/Archived0As/2013/Aoa07-18-13.pdf

The experience confirmed for me that I have the necessary skill set and temperment to serve our state as an appellate court judge. It is vital for appellate court judges to have a strong background in complex civil law, as well as criminal law, as these type of cases consume the bulk of the court's docket. Moreover, to be sucessful, an appellate judge must be prepared and thorough, a trait that was ingrained in me and demanded by my clients during my tenure at Holland & Knight.

Perhaps the most challenging, and rewarding, aspect of the job was writing the opinion. Although I am an accomplished and publ ished author, it was important to me to draft an opinion that was well written, concise, in conformance with prior precedent and did not exceed the limited scope for which the appeal was granted. I drafted the opinion knowing that lawyers would rely on th is opinion as binding precedent, and worked diligently to ensure that the opinion was direct, on point, and free of any potential ambiguities or unintended inferences.

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C. Personal Experiences.

My commitment to the rule of law is further strenghtened by my personal experiences living or working within political and governmental structures that have no regard for the Jaw or the basic freedoms preserved by the United States Constitution and Bill of Rights. I first truly appreciated the importance of our constitutional freedoms in high school, when I was one of fifteen American students selected nationwide by the American Council of Teachers of Russian to spend one summer with a Russian family in 1990-before Peristroyka and the attempts to democratize the former Soviet Union, and ultimately Russia. There, I witnessed first hand the crippling and demoralizing impact of tyranny and justice "for sale" policies on a culture and the human spirit.

l then grew to appreciate our system of governance and freedom, though the eyes of my husband's family who emigrated from Cuba in 1968, and through my work with the United States State Department as a staff aide of United States Senator Bob Graham. While working with Senator Graham's office I assisted with the release of American citizens improperly detained abroad .

These experiences, of course culminated when I led a team of Holland & Knight lawyers to advocate on a national and international platform for the release of American Citizen and Orange County resident, Cuc Foshee, who was held in prison in Vietnam without charges and without access to counsel, the embassy, family, or medical attention for over a year. In short, I have witnessed first hand the attocities possible without the rule of law, and have seen how men and women of the bench and bar serve as the first line of civil defense to prevent tryanny and oppression. Such an obligation is an honor, and should never be taken lightly or for granted.

51. Explain the particular potential contribution you believe your selection would bring to this position.

As demonstrated by my resume and experiences, I have (1) a long standing commitment to public service, (2) a record of academic and professional achievement, and (3) been recognized as a highly-efficient, well organized, respected and engaged leader within the legal community as a lawyer and a judge. These qualities, along with my demeanor and temperment, would allow me to serve our community as a thoughtful, consistent, and efficient jurist.

52. If you have previously submitted a questionnaire or application to this or any other judicial nominating commission, please give the name of the commission and the approximate date of submission.

Ninth Judicial Circuit Judicial Nominating Commission, November 17, 2011

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53. Give any other information you feel would be helpful to the Commission in evaluating your application.

As you may be aware, Holland & Knight, LLP is an international firm, with over 20 offices in 4 countries, and currently over 1,000 lawyers which has been consistently ranked as one of the largest firms in America.

When I joined the firm immediately after law school in 1998, I was recognized at the Annual All Lawyer meeting as the youngest lawyer in the firm, along with Chesterfield Smith, who was the most senior lawyer in the firm. I excelled in my position in the firm, and was routinely recognized and rewarded for meeting, if not exceeding, all requirements for my associate position.

In 2002, after the birth of our first child, Ella Grace, I sought to balance the rigorous demands of a billable hour production required of a full time Holland & Knight associate, with my commitment to my family and my desire to contribute to the community through pro bono and other endeavors. Thus, with the complete support of my supervising partners, the executive partner of the Orlando Office, and the international director of the associate program, I successful negotiated a "reduced hour arrangement." Pursuant to this non-traditional arrangement, I worked 75% of the required billable hours for my position, and received 75% pay, plus full benefits. Given that my husband is also an attorney, we could forego a salary reduction in exchange for the intangible rewards of being a more engaged community leader and parent. Incidentally, I was the first attorney in the Orlando office to negotiate such an arrangement, and remained working under this policy for over 9 years.

Although my arrangement was defined as a reduced hour arrangement for an attorney at a multi-national large firm, my time commitment to the firm exceeded that requ ired of a typical public sector attorney. In addition to my billable hour responsibilities, I was also appointed to the numerous administrative leadership roles at my firm as noted previously in this application.

During my tenure at Holland & Knight I was routinely promoted and recognized for my exceptional performance. For example, in 2007, I was promoted to Senior Counsel, and in 2011, I was selected for and participated in the nationally recognized Rising Stars program. This program, now in its twelfth year, selects five women attorneys in the firm nationwide to participate in a rigorous business and leadership development program for one year. The program is highly competitive and constitutes a significant financial investment by the firm. I was also advised through the Rising Stars program that I would be considered a candidate for partner in 2012. However, at the height of my success in private practice at a multi-national law firm, I chose to apply for an appointment to the bench.

Given my success at Holland & Knight, my admiration for the firm's core values and culture, and my firm's commitment to my practice-even under an alternative, non­traditional arrangement-- it was a difficult decision to pursue a judicial appointment, especially at a time when my practice was thriving and new business opportunities were presenting themselves on a regular basis. However, the same key cultural values that attracted me to the firm-its commitment to the community and pro bono-is what led me to seek a position on the bench. Indeed, it was our founder, Chesterfield Smith, who encouraged me and my colleagues to "Do Good and Be Somebody."

32 Rev. 100209-0GC

54.

2. Appellate Judge: The Honorable Jay Cohen,

4. Former Colleague: William "Bill" Wilson Es9.:_,

5. Colleague on Numerous Pro Bono Leadership Boards/Past President of the Orange CounLv Bat.Association ancllawver who has aooea[ed before me_: IacL'lates

33 Rev. I 00209-0GC

In short, seeking a judicial appointment was merely an extension of my ongoing personal and professional commitment to the community and public service, and is in line with my demonstrated willingness to sacrifice financial rewards for professional and personal values. To get a better sense of my historical commitment to pro bono service, please see my brief (2 minute) 2007 video interview at the following link: https://webinars.hklaw.com/p78342576/.

I am pleased to report that my service on the bench has been, and continues to be a rewarding professional experience. I have enjoyed serving our community as a member of the bench, particularly in criminal proceedings. Although the testimony in our courtroom is often heartbreaking, it is a daily reminder that even in the most dire of circumstances, our country, and indeed each of us as citizens, has made a commitment to the rule of law; to resolve even the most tragic of events not with vigilantism or violence, but with civility and respect for the law. This "social contract" as described by Immanuel Kant, only maintains its legitimacy when we ensure as a legal community that our system of justice is fair, open, and consistent. It is a contract that I must honor every day in our courtroom, and it is an honor to hold that responsibility.

REFERENCES:

6. Client/Prior Colleague: Douglas A. Kelly-, Esq.,

7. Former Client: Elizabeth "Liz" McCausland, Esq.I

8. Board Certified Appellate Lawyer/President-Elect of the Orange County Bar Association: Nicholas "Nick" Shannin,

9. Appellate Lawyer/Moot Court Partner: Rachel Fugate

10. Law School Professor and Dean. Donald "Don" J. Weidner,J

34 Rev. I 00209-0GC

Dated this 13 day of"'"F=eb,.,.,r=ua=ry_,__ ____ , 2014.

+.\e.a.::\:he/ 'RCO.v\5 ue z.. Printed Name Signature

(Pursuant to Section 119.071(4)(d)(1), F.S.), ... The home addresses and telephone numbers of justices of the Supreme Court, district court of appeal judges, circuit court judges) and county court judges; the home addresses, telephone numbers, snd places of employment of the spouses and children of justices and judges; and the names and locations of schools and day care facilities attended by the children of justices and judges are exempt from the provisions of subsection (1), dealing with public records.

35 Rev.100209-0GC

CERTIFICATE

I have read the foregoing questions carefully and have answered them truthfully, fully

and compl~tely. I hereby w~ive notj~e by and authorize The Florida Bar or any of its

committees, educational and other institutions, the Judicial Qualifications Commission,

the Florida Board of Bar Examiners or any judicial or professional disciplinary or

supervisory body or commission, any references furnished by me, employers, b.usiness

and professional associates, all governmental agencies and instrumentalities and all

consumer e1nd credit reporting agencies to release to the. respective Judicl~I Nominating

Commission and Office of the Governor any infonnation, files, records or credit reports

requested by the commission in connection with any consideration of me as possible

nominee for appointment to judicial office. lnfonnation relating to any Florida Bar

disciplinary proceedings is to be made available in accordance with Rule 3-7.1(1), Rules

Regulating The Florida Bar. I recognize and agree that, pursuant to the Florida

Constitution and the Unifonn Rules of this commission, the contents of this

questionnaire and other information received from or concerning me, and all interviews

and proceedings of the commission. except for deliberations by the commission, shall

be open to the public.

Further, I stipulate I have read, and understand the requirements of the Florida Code of

Judicial Conduct.

FINANCIAL HISTORY

In lieu of answering the questions on this page, you may attach copies of your completed Federal Income Tax Returns for the preceding three (3) years. Those income tax returns should include returns from a professional association. If you answer the questions on this page, you do not have to file copies of your fax returns.

1. State-the amount of gross income you have earned, or losses you have incurred (before deducting e?Cpenses and taxes) from the practroe of law for the preceding three-year period. This income figure should be stated on a year to year basis and include ·year"to date infotmation, and salary, if 1he nature of your emplpyment i.s in a legal field.

2011 $126,000.00

2012 $ 18,923 (Holland & Knight 1/1/12 - 2/22/12)

2012 $122,543.09 (State of Florida 3/8/12-12131/12)

2013 $143,888

2. State the amount of net income you have earned, or losses you have incurred {after deducting expenses but not taxes) from the practice of law for the preceding three-year period. This income figure should be stated on a year to year basis and include year to date information, and salary, if the nature of yotJr employment is in a legal field.

Please see my response to Question No. 1 above. The amounts are the same.

3. State the gross amount of income or losses incurred (before deducting expenses or taxes) you have earned in the preceding three years on a year by year basis from all sources other than the practice of law, and generally describe the source of such income or losses.

None.

4. State the amount of net income you have earned or losses incurred (after deducting expenses) from sources other than the practice of law for the preceding three-year period on a year by year basis, and generally describe the sources of such income or losses.

None.

36 Rev. 100209-0GC

JU~CIALAPPUCATIONDATARECORD

The judicial applicaf(on s~all ihCll:Jde ·a s.eparate page asking applicants to· identify their race, ethnicity and gender. Compl~tion of this page .shall be optional, a·nd the page 'shall ln.CIU'.de an explC!ri.$tiori that ths inform?tion is requested fc;>r dat~ co.llection purposes in order to· assess ·and promote 'diversity .Jn the judiciary. The chair of .the Commission shall fdrward all .sciqh «»mpleted pag.es, ~.long with the names. of 'th.$ nonJihe.es to the JNC ·G'oordinatw in 'ihe Govern·or.'$ .Office (pur.suant lo JNC: Uniform Rule of Procedut~. · _____________ _,,,

{Please Type or Print)

Date: _f ebrua._iyj3, ~-0_14 __ _ JNC Submitting To: Fifth District Co~'! o!_~P..P_~§l] ___ __________ _

Name (please print): Heather Pinder Rodriguez

Current Occupation: -~irc~J~QQ_l:!rt Jud_ge. Ninth Ju_d"""'ic.....,i_al_C_i_rc ...... u ...... it _______ _ Telephone Number: (407) 836-0545 Attorney No.: _1_5_42_9_6 _____ _ Gender (check one): D Male lZl Female Ethnic Origin (check one): D

D White, non Hispanic Hispanic

D Black D American Indian/Alaskan Native 0 Asian/Pacific Islander

County of Residence: _o_ra_n_..g_e ____ ______________ _

37 Rev. 100209-0GC

FLORID.A DEPARTMENT OF LAW ENFORCEMENT

DISCLOSURE PURSUANT TO THE FAIR CREDIT REPORTING ACT (FCRA)

The FloFida Department of Law Enforcement (FDLE) may obtain one or more consumer reports", including but not li~ited to credit reports, about you, for employment purposes as defined by the Fair Credit Reporting Act, including for determinations related to initial empioyment, reassignment; promotion. or othel empJoyment-reJated actions.

CONSUMER'S AUTHORIZATION FOR FDLE TO OBTAtN CONSUMER REPORT(S)

I have read and understand the above Disclosure. I authorize the Florida Deparbnent of Law Enforcement (FDLE) to obtain one or more consumer reports on me, for employment purposes, as described in the above Disclosure.

Printed Name of Applicant

Signature of Applicant:

Date: February 13, 2014

Rev. 100209-0GC

HealherP~ez

38