Jose Smith Application PackageSmith Jose
Last Name First Name Middle Initial
887 North Shore Drive Miami Beach
Home Address City
Fl 33141
State Zip Code
30586530737862829211
HomeWork
josesmithmb@gmail.com
Email Address
7862829211
Cellular
Miami Beach
Business Address
887 North Shore Dr
City
Fl
State
33142
Zip Code
Self Employed
Occupation:Business Name:
Attorney
Please list your preferences in order of ranking [1] first choice [2] second choice, and [3] third choice. Please note
that only three (3) choices will be observed by the City Clerk’s Office. (Regular Boards of City)
Choice 1:
Choice 2:
Choice 3:
North Beach CRA Advisory Committee
BOARD AND COMMITTEE
APPLICATION FORM
Note:If applying for the At-Large position of the Historic Preservation Board, please answer the below
questions:
Have you ever resided in one of the City's Historic Districts for at least one year?Yes
No Address in City Historic District submitted.
Professional License
License Number Issuance Date Expire Date
Florida Bar 176156
Note:If you are seeking appointment to a professional seat (e.g. attorney, architect, etc.), you must attach a copy of
your currently effective corresponding professional license.
Pursuant to City Code section 2-22(4) a, b and c: Members of Agencies, Boards, and Committees shall be
affiliated with the city. This requirement shall be fulfilled in the following ways:
YesResident of the City for a minimum of six (6) months:
Demonstrate an ownership interest in a business established in the City for a minimum of six (6) months:Yes
AFFILIATION WITH THE CITY OF MIAMI BEACH
a.
● I am resident of:North Beach
Or
b.
"Ownership Interest" shall mean the ownership of ten percent (10%) or more (including the ownership of 10%
or more of the outstanding capital stock) in a business.
"Business" shall mean any sole proprietorship, sponsorship, corporation, limited liability company, or other
entity or business association.
c.Full-time employee of such a business (for a minimum of six months); and I am based in an office or
other location of the business that is physically located in Miami Beach (for a minimum of six months):No
Notwithstanding the requirements set forth herein, the qualified full-time employee of a business must be
approved by a 4/7th vote of the Mayor and City Commission.
NOTE: Members of Agencies, Boards, and Committees shall be required to demonstrate compliance with the
City affiliation requirements of section 2-22 (4) a and b of the Miami Beach City Code by executing an affidavit,
stipulating that they have met either (or both) of said affiliation requirements. The original affidavit shall be filled
with the Office of the City Clerk prior to being sworn in as a member.
Or
No● Have you ever been convicted of a felony:If yes, please explain in detail:
● Do you currently have a violation(s) of City of Miami Beach codes:No If yes, please explain in detail:
● Do you currently owe the City of Miami Beach any money:No If yes, please explain in detail:
● Are you currently serving on any City Boards or Committees:No If yes, which board?
● Are you presently a registered lobbyist with the City of Miami Beach?No
● I am applying for an appointment because I have special abilities, knowledge and experience. Please list below:
MB City Commissioner 1997-2005
MB City Attorney 2006-2014
NMB City Attorney 2014-2018
Municipal Attorney 2018-Present
Supreme Court Certified Civil Mediator 2019-Present
NM Special Magistrate 2019-Present
I have been General Counsel for 3 CRA’s.
NOTE: IF APPOINTED, YOU WILL BE REQUIRED TO FOLLOW CERTAIN LAWS THAT APPLY TO CITY
BOARD/COMMITTEE MEMBERS. THESE LAWS INCLUDE, BUT ARE NOT LIMITED TO:
o Prohibition from directly or indirectly lobbying city personnel (Miami Beach City Code section 2-459).
o Prohibition from contracting with the city (Miami-Dade County Code section 2-11.1).
o Prohibition from lobbying before board/committee you have served on for period of one year after leaving office
(Miami Beach Code section 2-26)
o Requirement to disclose certain financial interests and gifts (Miami-Dade County Code section 2-11.1).
o Sunshine Law - Florida's Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law
regarding open government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic
right of access to most meetings of Boards, Commissions, and other governing bodies of state and local
governmental agencies or authorities.
o Voting conflict - Form 8B is for use by any person serving at the county, city, or other local level of government on
an appointed or elected Board, Council, Commission, Authority, or Committee. It applies equality to members of
advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143.
Florida Statutes.
● In what organization(s) in the City of Miami Beach do you currently hold membership in?
No Organization Information Submitted.
● List the address of all properties owned or in which you have an interest within the City of Miami Beach:
Property
Residence
If so, which department and title?No● Are you now employed by the City of Miami Beach:
● Pursuant to City Code Section 2-25 (b):
Do you have a parent, spouse, child, brother, or sister who is employed by the City of Miami Beach?No
If "Yes", identify person(s) and department(s):
No relative's information submitted.
BOARD & COMMITTEE FINANCIAL ACKNOWLEDGEMENT STATEMENT
Acknowledgement of fines/suspension for Board/Committee Members for failure to comply with
Miami-Dade County Financial Disclosure Code Section 2-11.1(i)(2)
I understand that no later than July 1, of each year all members of Boards and Committees of the City of Miami
Beach, including those of a purely advisory nature, are required to comply with Miami-Dade County Financial
Disclosure Requirements.
One of the following forms must be filled with the City Clerk of Miami Beach, 1700 Convention Center Drive,
Miami Beach, Florida, no later than 12:00 noon of July 1, of each year:
1. A "Source of Income Statement;" or
2. A "Statement of Financial Interests (Form 1)¹ ;" or
3. A Copy of your latest Federal Income Tax Return.
Failure to file one of these forms, pursuant to the Miami-Dade County Code, may subject the person to a fine of no
more than $500, 60 days in jail, or both.
_____________________________
¹ Members of the Planning Board and Board of Adjustment will be notified directly by the State of Florida, pursuant
to F.S. §112.3145(1)(a), to file a Statement of Financial Interests (Form 1) with the Miami-Dade County Supervisor of
Elections by 12:00 noon, July 1. Planning Board and Board of Adjustment members who file their Form 1 with the
County Supervisor of Elections automatically satisfy the County’s financial disclosure requirement as a Miami Beach
City Board/Committee member and need not file an additional form with the Office of the City Clerk. However,
compliance with the County disclosure requirement does not satisfy the State requirement.
DIVERSITY STATISTICS REPORT
The following information is voluntary and has no bearing on your consideration for appointment. It is being asked to
comply with City diversity reporting requirements.
WhiteRace/Ethnic Categories
What is your race?
No details providedOther Description:
Gender:Male
Are you Spanish/Hispanic/ Latino? Mark the "No" box if not Spanish / Hispanic / Latino.Yes
Physically Challenged:No
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING APPLICATION AND
THAT THE FACTS STATED IN IT ARE TRUE. ADDITIONALLY, I AGREE AND ACKNOWLEDGE THAT ANY
FALSE STATEMENTS OR FALSE INFORMATION SUBMITTED AS PART OF THIS APPLICATION SHALL BE
A BASIS FOR MY REMOVAL FROM A CITY BOARD OR COMMITTEE. I HAVE RECEIVED, READ, AND WILL
ABIDE BY CHAPTER 2, ARTICLE VII, OF THE MIAMI BEACH CITY CODE, ENTITLED “STANDARDS OF
CONDUCT FOR CITY OFFICERS, EMPLOYEES AND AGENCY MEMBERS” AND ALL OTHER APPLICABLE
CITY, COUNTY, AND/OR STATE LAWS AND STATUTES ACCORDINGLY.
I Jose Smith agreed to the following terms on 11/15/2023 2:16:12 PM
Received in the City Clerk's Office by:
Name of Deputy Clerk Control No. Date
Board and Committee Application Checklist: Please ensure you have provided all information before applying or
reapplying to any Board and Committee.
YES
YES
YES
YES
I have answered all questions fully.
I have uploaded a current resume, photograph, and a copy of any applicable professional license.
I have completed and attached the Board & Committee Financial Acknowledgment Statement.
I have completed and attached the Diversity Statistics Report.
If you have any questions, please contact the Office of the City Clerk via email: BC@miamibeachfl.gov or
telephone: 305.673.7411
Note: Florida Statutes 119.071: The role of the Office of the City Clerk is to receive and maintain forms filed as
public records. If your home address, telephone numbers, and/or photograph are exempt from disclosure and you
do not wish your home address, telephone numbers, and/or photograph to be made public, please:
1) Use your office or other address for your mailing address;
2) Use your office or other telephone number for your contact number; and
3) Do not attach a photograph.
JOSE SMITH
ATTORNEY AT LAW
JoseSmithmb@gmail.com
EMPLOYMENT HISTORY
• City Attorney, City of North Miami Beach (2014 to July 2018)
• City Attorney, City of Miami Beach (2006 to 2014)
• Smith & Supraski, P.A. (1983 to 2006)
• Feldman & Abramson, Smith, Magidson & Levy (1978 to 1983)
• Feldman & Abramson, P.A. (1974 to 1978)
PRACTICE AREAS
• Municipal Government Law
• Professional Ethics, Conflict of Interests, Sunshine Law, Public Records
• Complex Civil Litigation (torts, municipal and commercial litigation)
• Procurement, Public /Private Partnerships (P-3’s)
• Election Law
• Code Compliance
• Real Estate, Land Use and Zoning Litigation
• Public Finance
BAR ADMISSIONS
• Florida Bar (1974)
• U. S. District Court Southern District of Florida (1974)
• U. S. Court of Appeals, 11th Circuit (1981)
PROFESSIONAL MEMBERSHIPS
• Florida Bar Board Certified Civil Trial Lawyer (1992-1997)
• Florida Bar Grievance Committee (1993-1995)
• Florida Bar Fee Arbitration Committee (1997-1998)
• Florida Bar Standing Committee on the Unauthorized Practice of Law (1983-1988)
• Miami Beach Bar Association
• Miami-Dade County League of Cities Legal Advisory Committee
• American Arbitration Association (1978-1990)
EDUCATION
• University of Florida, B.A. (with honors) 1971
• University of Florida, College of Law, J.D. (with honors) (1973)
LANGUAGES
• Spanish
PUBLIC SERVICE (Miami Beach)
• Miami Beach City Commissioner (1997-2005)
• Chair, City of Miami Beach Finance and Citywide Projects Committee (2001-2005)
(oversaw issuance of city bonds.)
• Chair, City of Miami Beach Community Affairs Committee (1998-2001)
• Miami-Dade Metropolitan Planning Organization (2001-2005)
• Chair, City of Miami Beach City Attorney’s Oversight Committee (1998-2005)
• Miami Beach Planning Board (1996-1997)
• Miami Beach Community Development Advisory Committee (1994-1996)
• Chairman, Normandy Shores Neighborhood District Advisory Council (1994-1996)
• Miami Beach Charter Review and Revision Board (1992-1993)
• Jackie Gleason Theater Booking Policy Committee (1992-1993)
• Miami Beach Tourist and Convention Center Expansion Authority (1986-1991)
• Founder, Mt Sinai Medical Center Foundation (2006-Present)
• Board of Directors, Normandy Shores, Homeowners Association (1992-1997)
MAJOR LEGISLATION AUTHORED OR SPONSORED AS ELECTED OFFICIAL IN MIAMI BEACH
• “Vendor Ordinance”; prohibiting campaign contributions by city vendors.
• “Cone of Silence” – Protects integrity of the competitive bid process from undue
influence by lobbyists
• “Conflict of Interest” legislation prohibiting elected officials from engaging in certain
business or professional relationships
• “Bid Protest Ordinance”, establishing a mechanism for resolving bid disputes
outside the political arena
• “Code Violation Reform”, requiring large fine mitigations be approved by the City
Commission
• “False Claims Ordinance”, sanctioning contractors and city vendors who file
fraudulent claims
• “Local Preference Ordinance” giving Miami Beach vendors a competitive advantage
• “Sexual Offender Ordinance” (landlord provisions)
• Human Rights and Anti-Discriminatory Ordinances
• “Anchor Ordinance”, limiting the proliferation of derelict and abandoned vessels in
city waters
• Oversight over issuance of city bonds and municipal finance.
PUBLIC SERVICE (North Miami Beach)
• General Counsel, North Miami Beach Community Redevelopment Agency
• Trustee, Pension Board for Management Employees
• Member, Evaluation Committee for Selection of North Miami City Attorney (2017)
• Fundraising for non profit and charitable organizations.
• Golden Angels, Jackson Memorial Hospital Foundation.
SIGNIFICANT ACCOMPLISHMENTS IN NORTH MIAMI BEACH
• Recruit and retain competent legal professionals able to enhance the prestige and
reputation of the City Attorney’s office
• Maintain the highest standards of professionalism and ethics
• Enhance and improve effective communication with elected officials, City Manager
and staff and perform all legal tasks timely and effectively
• Maintain an aggressive litigation philosophy to protect the city from frivolous and
fraudulent claims
• Reduce unnecessary outside counsel fees by doing more work in-house
• Work with City Commission and staff to identify and pursue revenue enhancement
opportunities while finding ways to reduce expenses
• Reach out to the community to help understand the role of the City Attorney’s
Office. Within the confines of the City Charter, assist residents and their
representatives to resolve legal and administrative problems in their dealings with
city government
• Providing increased legal support by assigning a dedicated attorney to each city
department
• New City Charter overwhelmingly approved by the voters
• Establish a modern, more efficient, Special Magistrate System
• Draft new Ethics Code
• Ensure city compliance with bond covenants and worked with City Manager to
increase bond rating.
• Management agreements with Waste Management and CH2MHill.
AWARDS & RECOGNITION
• South Florida Legal Guide, “South Florida’s Top Government Attorneys” (2012)
• Florida Trend’s Magazine, “Florida Legal Elite”, (2008)
PRESENTATIONS
• Dispute Resolution and tort litigation techniques. Lecture with Professor Kim
McCoy, Florida International University Law School (March 2009)
• University of Miami Pre Law Advisory Club, Legal topics (September 7, 2011)
• Sunshine Law: Ethics Training for Constitutional Officers, St Thomas University,
(November 7, 2013), Power Point Presentation coordinated with Professor Robert
Meyers
• Havana and Miami: Political Influences of Cuban Americans in South Florida. Lecture
to Drew University students at the University of Miami Otto G. Richter Library
(January 14, 2016)
• Havana and Miami: Political Issues Involving Cuban Americans in South Florida.
Lecture to Drew University students at Hampton Inn, Miami Dadeland (May 17,
2017)
SELECT REPORTED DECISIONS
• Fernandez v Valle, 364 So. 2d 835, (Fla. 3d DCA 1978)
• Kala Investments v Sklar, 538 So. 2d 909 (Fla.3d DCA 1989)
• Manrique v Bob’s Plumbing Co., 573 So. 2d 422 (Fla. 3d DCA 1991)
• A2 Group v City of Miami Beach, 962 So. 2d 349 (Fla. 3d DCA 2007)
• Monticello Insurance Co, v City of Miami Beach 2009 WL667959, (USDC, Southern
District of Fla. 3/11/09)
• Robins v City of Miami Beach, 2009 WL 3448192 (USDC, Southern District of Fla.
10/26/09)
• City of Miami Beach v Star Island Entertainment, 68 So 3d 914 (Fla. 3d DCA, 2011)
• City of Miami Beach v Kuoni, 81 So. 3d 530 (Fla. 3d DCA, 2012)
• Llewellyn v City of Miami Beach, 11 So. 3rd 958 (Fla.3d DCA, 2009)
• Hernandez v City of Miami Beach, 23 So. 3d 163(Fla. 3d DCA, 2009)
• Downs v City of Miami Beach, 13 So. 3d 1064 (Fla. 3d DCA, 2009)
• Cabral v City of Miami Beach, 76 So. 3d 324 (Fla. 3d DCA, 2011)
• Eisenberg Development Corp. v City of Miami Beach, 100 So. 3d 702 (Fla. 3d DCA,
2012)
• City of Miami Beach v Pension Fund for Firefighters & Police Officers, 91 So. 3d
237 (Fla. 3d DCA, 2012)
• Smart v City of Miami Beach, 933 F. Supp. 2d 1366 (USDC, Southern District of
Florida 3/26/13), affirmed by 11th US Circuit Court of Appeals
• Parham v City of Miami Beach, 49 So 3d 259 (Fla. 3d DCA, 2010)
• Eisenberg v City of Miami Beach, 54 F. Supp. 3d 1312 (USDC Southern District of
Florida 9/19/14)
• Let Miami Beach Decide v City of Miami Beach, 120 So. 3d 1282 (Fla. 3d DCA,
2013)
• City of Miami Beach v Perkins, 139 So. 3rd 309 (Fla. 3d DCA, 2014)
• City of Miami Beach v Miami Beach Fraternal Order of Police, 134 So. 3rd 463 (Fla.
3d DCA, 2014)
• Alvey v City of North Miami Beach, 189 So. 3d 859 (Fla 3d 2015)
• Friends of the Oleta Eiver v City of North Miami Beach and Braha Dixie, 11th Circ
Appellate Division Case No. 13-343 (10/16/14)
• Alvey v City of North Miami Beach, 206 So 3d 67 (Fla. 3d DCA, 2016)
SELECT MEDIA ARTICLES
• “A Medical Condition kept Elected Official Out of Office”, Miami Herald, January 27,
2018
• “Pierre to Stay Away from Commission Meetings”, Miami New Times, April 4, 2018
• “North Miami Beach Pays $12,000 Settlement, Changes Codes after Lawsuit from
Gun Store”, Miami New times, January 3, 2018
• “Negotiations to Begin for Outsourcing of Regional Northeast Dade Water Utility”,
Miami Herald, April 3, 2017
• “Donors Violate Miami Beach’s Campaign Finance Laws, but Face Discipline”,
Florida Bulldog.org, December 13, 2017
• “North Miami Beach Water Utility Assessed as Inefficient, may be Privatized”, Miami
Herald, April 14, 2016
• “North Miami Beach to Work with Firm to turn Guns into Baubles”, Miami Herald,
May 27, 2016
• “After Early Exits, City wants to make Staying at Meetings a Law”, Miami Herald,
September 6, 2016
• Miami Herald Editorial, “Charter Amendments for North Miami Beach”, October 31,
2016
• “If You’re Eligible for Medical Pot, How Easy will it be to get? Depends on where
you Live”, Miami Herald, November 26, 2016
• “North Miami Beach Leaders Discuss Steps to Prevent Voter Fraud in Election”,
Miami Herald February 5, 2015
• “Revamp of Zoning, Land-Use Codes Near” Miami Herald, March 8, 2015
• “North Miami Beach Council Votes to Overhaul Longtime Zoning, Land Use Laws”,
Miami Herald, March 19, 2015
• “No Lifetime Health Benefits for two Incumbent North Miami Beach Council
Members”, Miami Herald, April 15, 2015
• “City-paid Travel Limited under New North Miami Beach Rules”, Miami Herald, April
27, 2015
• “North Miami Beach Tries to Sink Floating Villas”, Biscayne Times, June 2015
• “Court Kills Upzoning Near Greynolds Park”, Miami Herald, December 18, 2015
• “50-Story Condo Towers May Require Referendum in Miami Beach”, Miami Herald,
March 31, 2014
• “City Attorney Quits for New Job”, Miami Herald, April 5, 2014
• “New City Attorney No Stanger to North Miami Beach”, Miami Herald, April 7, 2014
• “City to Consider Call to Require more Disclosure of Council’s travel Costs”, Miami
Herald, July 27, 2014
• “City Adopts Strategic Plan for Future”, Miami Herald, October 2, 2014
• “City Sues Police Retirement Board”, Miami Herald, December 25, 2014
• “Housewives Husband Sues City”, Miami Herald, March 27, 2013
• “Cops Sue Miami Beach Over Heart Problems; City Calls Suit a Farce”, Miami Herald,
April 3, 2013
• “Marriott Sues Miami Beach Over Boardwalk Demolition”, Miami Herald, June 1,
2013
• “Contention Over Alton Road Continues”, Miami Herald, June 13, 2013
• “Cops Drop Workers’ Compensation Lawsuit against Miami Beach”, Miami Herald,
June 13, 2015
• “Grassroots Effort Likely won’t have say in Convention Center”, Daily Business
Review, July 16, 2013
• “City Votes to Repeal its Guns Laws”, Miami Herald, January 15, 2012
• “Club Madonna Picks New Fight with Miami Beach”, Miami Herald, February 20,
2012
• “Panel backs New Free ticket Guidelines”, Miami Herald, March 2, 2012
• “Higher Court Opinion Could Quash Miami Beach Pension Spat”, Miami Herald, June
27, 2012
• “Vendors give to Officials’ Spouses”, Miami Herald, August 11, 2012
• Miami Beach Officials deem Billionaire’s Star Island Party Illegal”, Miami Herald,
March 8, 2011
• Commission Passes New Human Rights Laws”, Miami Herald, January 21, 2010
• “City Attorney: Miami Beach Oceanfront Hotels Can’t Serve Alcohol on Beach”,
Miami Herald, May 25, 2010
• “5 Year Dispute Over Club’s Fence Close to Ending”, Miami Herald, January 16,
2009
• “High-rise not Favored by Officials”, Miami Herald, December 16, 2007
• “Tougher Rule on Conflicts Halts Law Firm’s Lobbying”, Miami Herald, 2007
• “Court Upholds Noise Ordinance”, Miami Herald, June 3, 2007
• “Long Wait Over; Park Overhaul to go Ahead”, Miami Herald, 2007
• “Commission Foes do Battle Over Ethics”, Miami Herald, October 21, 2007
• “City Wants to Clean Up Streets by Targeting Fliers, Handbills”, Miami Herald, June
18,2006
• “Defibrillators Law to be Discussed”, Miami Herald, February 3, 2005
• “Commission: Public/Private deal Approved”, Miami Herald, April 28, 2005
• “New Fire Station Building has Official Groundbreaking”, Miami Herald, February 6,
2005
• “City Closes Campaign Loopholes”, Miami Herald, June 12, 2005
• “Renovated Boardwalk is Good for the Beach”, Miami Herald, June 19, 2005
• “City Settles Alaska Parcel Battle”, Miami Herald, February 29, 2004
• “Old Theater Brings Area New Life”, Miami Herald, June 17, 2004
• “Counsel Passes Resolution Not to do Business with Companies with Discriminatory
Blacklist”, Miami Herald, February 7, 2016
• “After 20 Years, Miami Beach Claims Deed to 4-Acre Altos del Mar Site, Miami
Today, September 4, 2003
• “State Ok’s Waterfront Land Sale to City”, Miami Herald, August 31, 2003
• “Wall Street Rewards City with Improved Credit Rating”, Miami Herald, January 23,
2003
• “Beach Considers Cracking Down on Shady Contractors”, Miami Herald, November
8, 2001
• Miami Herald Editorial, “Altos del Mar is to be Preserved as Open Space”, August
30, 2003
BUSINESS INTERESTS/INVESTMENTS
• GREYNOLDS PARK VILLAGE SHOPPES, LLC, N. Miami Beach, Florida
• BAY HARBOR PROFESSIONAL CENTER, INC., BAY HARBOR, FLORIDA
• S & S EQUITIES, INC., N. Miami Beach, Florida
• CARIBBEAN TOWERS CONDOMINIUMS, N. Bay Village, Florida
• BESSEMER TRUST, Miami, Florida
• SANDKEY CAPITAL, Newton, Massachusetts