Resolution 2021-31895RESOLUTION NO. 2021-31895
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF
THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT
OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL
MAGISTRATE, FOR A TERM COMMENCING ON OCTOBER 24,
2021 AND ENDING ON FEBRUARY 23, 2022; PROVIDED FURTHER
THAT CHIEF SPECIAL MAGISTRATE ZAMORA SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS
AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS
OF THE CITY AND COUNTY CODES AND ORDINANCES, AND
SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER
SPECIAL MAGISTRATE AS MAY REASONABLY BE REQUIRED TO
CONDUCT THE SUBJECT HEARINGS; AND FURTHER
INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN
CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF,
CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF
SPECIAL MAGISTRATE.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Magistrate are authorized to hold
hearings and impose fines, liens, and other non -criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Magistrate," provides for the appointment of a Chief Special Magistrate to fulfill
the above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Magistrate is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointing Enrique
Zamora, Esq., as Chief Special Magistrate for the City of Miami Beach, for a term
commencing on October 24, 2021, and ending on February 23, 2022; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Magistrate, shall continue to apply and remain in full force
and effect; and
WHEREAS, the Chief Special Magistrate and each Special Magistrate, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Enrique Zamora, Esq., to serve as Chief Special Magistrate, for a term commencing on
October 24, 2021, and ending on February 23, 2022; provided further that as Chief
Special Magistrate, Mr. Zamora shall be authorized to hold hearings and impose fines,
liens and other non -criminal penalties against violators of City and County Codes and
Ordinances, and shall also be authorized to appoint such other Special Magistrate as
may reasonably be required to conduct the subject hearings; and further incorporating all
other matters set forth within Chapter 30 of the City Code including, without limitation,
Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special
Magistrate.
PASSED and ADOPTED this i3 day of D,fob0r
ATTEST:
29 OCT 1 5 2021
Ra ael E. Granado, City Clerk
Dan Gelber, Mayor
2021.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey p A Z Date
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T:\Agenda\2021\10_October 13\City Clerk\City Clerk - Special Magistrate\ZAMORRA CHIEF SPECIAL MASTER
RESO.doc
Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 13, 2021
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MAGISTRATE
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITYOF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION
OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE
OF THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT
OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL
MAGISTRATE, FOR A TERM COMMENCING ON OCTOBER 24, 2021 AND
ENDING ON APRIL 23, 2022; PROVIDED FURTHER THAT CHIEF SPECIAL
MAGISTRATE ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS
AND IMPOSE FINES, LIENS AND OTHER NON -CRIMINAL PENALTIES
AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND
ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH
OTHER SPECIAL MAGISTRATES AS MAY REASONABLY BE REQUIRED
TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER
INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER
30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS
30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND
DUTIES OF THE CHIEF SPECIAL MAGISTRATE.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND REAPPOINTING,
PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE
ZAMORA, ESQ. (CHIEF SPECIAL MAGISTRATE REAPPOINTED
PURSUANT TO RESOLUTION NO. ), AS THE CITY
MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE;
SAID DESIGNATION COMMENCING WITH ZAMORA'S TERM AS CHIEF
SPECIAL MAGISTRATE ON OCTOBER 24, 2021 AND ENDING ON
APRIL 23, 2022.
RECOMMENDATION
Recommending the reappointment of Enrique Zamora, Esq. as Chief Special Magistrate.
ANALYSIS
Page 662 of 1095
As previously determined by City Attorney Raul J. Aguila that Enrique Zamora possesses the
knowledge, skill, and attributes to perform as Chief Special Magistrate, and my concurrence with
that determination, I am recommending reappointing Enrique Zamora, Esq. as Chief Special
Magistrate. Mr. Zamora possesses the knowledge, skills, and attributes to undertake this
important role. Attached are two Resolutions providing for the reappointment by the City
Commission of Mr. Zamora. The first Resolution reappoints Mr. Zamora as Chief Special
Magistrate for Code Enforcement violations under Chapter 30 of the City Code; the second
Resolution reappoints Mr. Zamora to hear appeals from citations and violations or denials,
suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach
City Code. Language has been added to the Resolutions prohibiting the Chief Special
Magistrate and each Special Magistrate from engaging in practice where he/she represents a
client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the
City during his/her service with the City. Mr. Zamora was first appointed as the Chief Special
Magistrate for the City of Miami Beach on the April 23, 2014 City Commission Meeting.
Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes
the areas of probate administration, probate litigation, guardianship, estate planning and elder
law. He is also a certified civil mediator. He has been the chair of the Guardianship Committee
of the Elder Law Section of the Florida Bar and member of the Guardianship Task Force where
he represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas
University School of Law where he teaches Elder Law. He is the past chair of the Probate and
Guardianship Committee of the Dade County Bar Association, where he also served as Vice -
Chair and Secretary. Mr. Zamora has served as general counsel, director and president of the
South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian
Advocate and Special Public Defender in Baker Act proceedings for the last nine years. Mr.
Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the
Dade County Bar Association, and he received the Leo Pelitic Outstanding Legal Service
Award in 1999 from the Association for Retarded Citizens, South Florida.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a
Master of Business Administration (1975) and a Master of Science Management in Accounting
and Taxation (1981) from Florida International University; and a Bachelor of Science in
Electrical Engineering (1971) from the University of Florida.
A copy of Mr. Zamora's resume is attached for your review.
Statistics:
1. Since January 7, 2021, the Special Magistrate hearings have concluded as follows:
January 7, 2021 - 3:09 p.m.
January 21, 2021 - 2:48 P.M.
January 28, 2021 - 4:00 P.M.
February 4, 2021 - 3:11 p.m.
February 8, 2021 - 4:07 p.m.
February 11, 2021 - 6:44 p.m.
February 18, 2021 - 3:32 P.M.
February 25, 2021 - 7:06 p.m.*
March 4, 2021 - 6:57 p.m. *
Page 663 of 1095
March 9, 2021 -10:31 a.m.
March 11, 2021 - 6:51 p.m.
April 1, 2021 -12:08 p.m.
April 8, 2021 - 2:39 p.m.
April 15, 2021 - 5:33 p.m.
April 29, 2021 - 4:14 p.m.
May 27, 2021 - 4:07 p.m.
June 10, 2021 - 6:18 p.m.'
June 15, 2021 - 5:30 p.m.
July 8, 2021 - 7:00 p.m. *
July 22, 2021 - 3:30 p.m.
July 29, 2021 - 7:30 p.m.
Cases labeled with an asterisk (*) include a night session, commencing at 6:00 p.m.
2. Neither the Office of the City Clerk, the Office of the City Manager, nor the Office of the City
Attorney has received either formal complaints or internal complaints against the Chief
Special Magistrate or the Special Magistrates since the appointment of Enrique Zamora as
Chief Special Magistrate on April 23, 2014.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The maximum estimated amount for the six-month period from October 24, 2021 through April
23, 2022 is $27,700. (Subject to approval of the FY 21/22 Budget.)
Amounts)/Account(s):
Amount: $27,700
Account: 011-0210-000312
CONCLUSION
Mr. Zamora has the knowledge, demeanor, skills, and abilities, to perform as Chief Special
Magistrate. He will continue to serve this City with honor and distinction, and his reappointment
will best serve the interests of the City. As such, the subject Resolutions should be adopted.
Applicable Area
Not Applicable
Is this a "Residents Right
to Know" item,, pursuant to
City Code Section 2-14?
No
Strategic Connection
Non -Applicable
Legislative Tracking
Office of the City Clerk
Does this item utilize G.O.
Bond Funds?
2M
Page 664 of 1095
r,
ATTACHMENTS:
Description
Enrique Zamora Resume
Resolution 1
Resolution 2
Page 665 of 1095
ENRIQUE ZAMORA, ESQ.
LEGAL EXPERIENCE
ZAMORA, HILLMAN & VILLAVICENCIO
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33 133 - 2000 -present
esent
Areas of Concentration: Elder Law, Probate & Guardianship administration, litigation
and mediation, Trust Administration & Litigation, Estate Planning.
LAW OFFICES OF ENRIQUE ZAMORA
1102 Ponce de Leon Blvd., Coral Gables, Florida 33 134 -1997 - 2000
Areas of Concentration: Elder Law and Probate & Guardianship litigation, Trust
Administration, Estate Planning, Real Estate.
PEREZ-ABREU, ZAMORA, HILLMAN & MARTIN-LAVIELLE, PA
901 Ponce de Leon BIvd., #502, Coral Gables, FL 33134 - Founding Partner, 1987 -
1997
Areas of Concentration: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate Planning, Corporate, Contract and Business Law and related
litigation; Real Estate.
LEGAL ACTIVITIES
Member of the Executive Council of the Elder Law Section
' Law School Liaison for the Elder Law Section'
Guardianship Task Force - Elder Law Section Representative
Chief Special Master for the City of Miami Beach
' Special Magistrate over Baker Act proceedings & Marchman Act proceedings
Court Appointed Attorney-Ad-Litem for Cuban National Heirs; 116' Judicial
Circuit of the State .of Florida, Miami -Dade County - Probate Division
Past Chair of the Elder Law Section of the Florida Bar
Past director of the Florida State Guardianship Association
Past director of the Foundation for Indigent Guardianship
Member and former chair of the Probate & Guardianship Committee of the Dade
County Bar
Former Chair of the Grievance Committee I Is' D of the Florida Bar
Past Chair of Elder Law Section of the Florida Bar
TEACHING ACTIVITIES
St. Thomas University School of Law - 2004 -present.
Adjunct Professor of Law - EIder Law and Guardianship
University of Florida Levin College of Law - 2015 —present,
Adjunct Professor of Law - Elder Law
Miami -Dade Comm. College -Professional Guardianship Program -1998 - 2004.
Lead Instructor & Planning Committee Chair of the course for Professional Guardians
University of Miami - Koubek Center - September 1989 -1998
SCHOOL OF CONTINUING STUDIES
Adjunct Professor of Business Law
Page 666 of 1095
SPECIALTY PRACTICE
Represent Cuban Nationals heirs in U,S.A, probate proceedings. Licensed by the Office
of Foreign Assets Control (OFAC) since 1995 to represent Cuban Nationals and approved
by the Cuban Ministry of Justice to represent Cuban citizens in conjunction with Bufete
Internacional of Havana, Cuba.
CERTIFICATION
Florida Bar Board Certified in Elder Law
Florida Supreme Court Certified Civil Mediator
HONORS AND AWARDS
Super Lawyers list, by Florida Super Lawyers Magazine as a top attorney in Florida for
2012, 2013, 2014, 2015 & 2016
Top Lawyers of South Florida 2013, 2014 & 2015.
St, Thomas University School of Law — Outstanding Teaching Award - 2013.
St. Thomas University School of Law — SBA - adjunct professor award 2014
Pro Bono Award from the Dade County Bar Association and the 11th Judicial
Circuit 2008 For Guardianship services rendered.
Put Something Back - Richard C. Milstein Excellence Award - 2007
SEMINARS/PRESENTATIONS
Florida State Guardianship Association- 28th Annual Conference:
Speaker
Offered by the Florida State Guardianship Association
Interested Person: A Legal Chameleon and Pitfalls to Avoid in Guardianship Practice
July 2015 ,
Essentials of Elder Law
Speaker
Offered by the Elder Law Section of the Florida Bar - January 15, 2015
Dade County Put Something Back — Fees, Fees and More Fees
Speaker
Offered by the Dade County Bar Association - January 15, 2014
Elder Law Section — Annual Review — Guardianship
Speaker
January 18, 2014
Elder Law Section — Essentials of Elder Law
Speaker
January 17, 2014
16T" ANNUAL UNPROGRAINI - "MEET THE EXPERTS"
Speaker
Offered by the Academy of Florida Elder Law Attorneys
October 11, 2013
The Probate Team 2013 — Closing Guardianships into Estates
Speaker
Offered by the Florida Legal Education Association - October 4, 2013
Page 667 of 1095
15T" ANNUAL UNPROGRAM — "MEET THE EXPERTS"
Speaker
Offered by the Academy of Florida Elder Law Attorneys
December 15, 2012
Florida State Guardianship Association- 25th Annual Conference:
Speaker
Offered by the Florida State Guardianship Association
4 -hour Initial Examining Committee training
March 2012
Florida State Guardianship Association- 24th Annual Conference: Solving the
Mysteries of Guardianship- Speaker
Offered by the Florida State Guardianship Association- July 2011
Personal Trust Fiduciary Training
Offered by Morgan Keegan University - Speaker
April 5, 2011
Probate & Guardianship: A View from the Bench and Bar
Offered by the Dade County Bar Association Probate & Guardianship Committee and
Legal Aid/Put Something Back - Speaker
March 11, 2011
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar January 2011
Elder Law Section Annual Retreat- Program Co -Chair
Offered by the Florida Bar- October 2010
2010 Florida State Guardianship Annual Conference
Elder Law Certification Exam Review Course
Offered by the Florida Bar - Speaker
January, 2010
EDUCATION
UNIVERSITY OF MIAMI -:SCHOOL OF LAW
CORAL GABLES, FLORIDA
JURIs DOCTOR DEGREE 1985, CUMLAUDE - May 1985
FLORIDA INTERNATIONAL UNIVERSITY
MIAMI, FLORIDA
MASTER OF BUSINESS ADMINISTRATION, 1975
MASTER OF SCIENCE INMANAGEMENT, (Accounting & Taxation)1981
UNIVERSITY OF FLORIDA
GAINESVILLE, FLORIDA
BACHELOR OF SCIENCE IN ELECTRICAL ENGINEERING, 1971
PROFESSIONAL MEMBERSHIPS
The Florida Bar
Executive Committee of the Elder Law Section - Florida Bar (past chair)
The Real Property, Probate and Trust Law Section - Florida Bar
Page 668 of 1095
NAELA (National Academy of Elder Law Attorneys)
AFELA (Academy of Florida Elder Law Attorneys)
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association - former board member
South Florida Guardianship Association - past President
PUBLISHED WORKS
St. Thomas Law Review
Long Term Care Insurance: A Life Raft for Baby Boomers
Volume 26, Fall 2013 — Issue 1
St. Thomas Law Review
Examining Committee Reports as a Basis to Dismiss Petitions to Determine Incapacity: A
Question of Admissibility and Evidentiary Relevancy
Volume 25, Summer 2013 —.Issue 3
St. Thomas Law Review
Impact of the Cuban Embargo on Inheritances by Cuban Nationals
Volume 24, Summer 2012 — Issue 3
Elder Law Advocate -
Two out of three reports and you're out - But should you be?
Volume XX, No. 3 - Fall 2012
Elder Law Advocate -
The right to bear arms as a removable right in incapacity proceedings
Volume XIX B No. 1 B Spring 2011
Elder Law Advocate -
The issue of standing in guardianship litigation
Volume XVIII BNo, 3 B Fall 2010
Elder Law Advocate -
The use of the Baker Act and its alternatives
Volume XVII B No, 3 B Fall 2009
Elder Law Advocate -
Dealing with foreign wards and their investments
Volume XVI - Volume Two - Winter 2008
Florida Journal of International Law, University of Florida Levin College of Law -
"Obstacles Encountered Representing the Interests of Cuban Nationals in the American
Courts" - Spring 2003 Volume XV Number 3.
Page 669 of 1095