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Resolution 2022-32130 RESOLUTION NO 2022-32130 , 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 MAY 24, 2022 AND ENDING ON AUGUST 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 May 24, 2022, and ending on August 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 May 24, 2022, and ending on August 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 y day of rnq, 2022. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk �••••�•��„ BAY 102022 =\ ,,! 70, B ,, INCORP GRATED! I 4•cH lei _ APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Cftyr • - Dace T:\Agenda\2022\5_May 2022\City Clerk\zAMORRA CHIEF SPECIAL MASTER RESO.doc • Resolutions-C7 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager and Rafael E. Granado, City Clerk DATE: May 4, 2022 SUBJECT:REAPPOINTMENT OF CHIEF SPECIAL MAGISTRATE 1. A RESOLUTION CF THE MAYOR AND CITY COMMISSION OF THE CITY OF 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 MAY 24, 2022 AND ENDING ON AUGUST 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 CODi, INCLUDING, WITHOUT LIMITATION, 'tECTIUNS 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 MAY 24, 2022 AND ENDING ON AUGUST 23, 2022. RECOMMENDATION Recommending the reappointment of Enrique Zamora, Esq. as Chief Special Magistrate. ANALYSIS Page 251 of 1451 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 in consultation with both the current City Attorney and City Clerk, 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 & Villavicencio. Mr. Zamora's practice includes the areas of probate and guardianship 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 and Guardianship 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 2007 Put Something Back Pro Bono Award presented by the Dade County Bar Association. Mr. Zamora has been listed as a Super Lawyer by Florida Super Lawyers Magazine, as a top attorney in Florida for 2012 2022. } , 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 February 3, 2022,the Special Magistrate hearings have concluded as follows: February 3,2022-6:35 p.m.* February 10, 2022 -4:00 p.m. February 24, 2022 -7:47 p.m. * March 3, 2022 6:35 p.m. * March 10,2022 -3:58 p.m. March 24,2022- 3:40 p.m. April 7,2022 -6:45 p.m.* Page 252 of 1451 April 14,2022-3:30 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 three-month period from May 24, 2022 through August 23, 2022 is $28,800.00. Amount(s)/Acount(s): Amount: $28,800.00 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 Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Non-Applicable Legislative Tracking Office of the City Clerk ATTACHMENTS: Description o Enrique Zamora Resume ❑ Resolution 1 ❑ Resolution 2 Page 253 of 1451 ENRIQUE ZAMORA, ESQ. 3006 Aviation Avenue,Penthouse 4C Coconut Grove,Florida 33133-305-285-0285 LEGAL EXPERIENCE ZAMORA,HILLMAN&VILLAVICENCIO 3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33133 —founding partner,2000-present Areas of Concentration: Elder Law, Probate & Guardianship administration, and litigation, Trust Administration&Litigation, Estate Planning. LAW OFFICES OF ENRIQUE ZAMORA 1102 Ponce de Leon Blvd.,Coral Gables,Florida 33134-1997-2000 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 Blvd.,#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 committee member for the Elder Law Section Chief Special Magistrate for the City of Miami Beach Court Appointed Attorney-Ad-Litem for Cuban National Heirs, 1 1 t 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 c a = • Member and former chair of the Probate&Guardianship Committee of the Dade County Bar Former Chair of the Grievance Committee D of the Florida Bar TEACHING ACTIVITIES St.Thomas University School of Law-2004-present. Adjunct Professor of Law-Elder Law and Guardianship Law University of Florida Levin College of Law-2016—2018. 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 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. Page 254 of 1451 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 2012-2022 Top Lawyers of South Florida 2013,2014,2015,2016,2017&2020 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 Essentials of Elder Law Speaker-Ethics January 15, 2021 Florida State Guardianship Association—2018 Annual Conference: Speaker Restorations in Guardianship cases July 2018 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 Examining Committee Members training for the 11th Judicial Circuit Lead Trainer June970118—p;esrent. 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 16`H ANNUAL UNPROGRAM—"MEET THE EXPERTS" Speaker Offered by the Academy of Florida Elder Law Attorneys October 11,2013 Page 255 of 1451 15TR 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 April5,2011 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, CUM LAUDE-May 1985 FLORIDA INTERNATIONAL UNIVERSITY MIAMI,FLORIDA MASTER OF BUSINESS ADMINISTRATION, 1975 MASTER OF SCIENCE IN MANAGEMENT, (Accounting&Taxation)1981 UNIVERSITY OF FLORIDA GAINESVILLE,FLORIDA BACHELOR OF SCIENCE IN ELECTRICAL ENGINEERING, 1971 Page 256 of 1451 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 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 Elder Law Advocate The impact of the Cuban Embargo on Probate cases in Florida volume XXIV-Spring 2017 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 B No. 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 257 of 1451