Special Magistrate Mitigation ProceduresBEFORE THE CHIEF SPECIAL MAGISTRATE,
IN AND FOR
THE CITY OF: MIAMI BEACH, FLORIDA
ORDER AMENDING PROCEDURE BEFORE CITY SPECIAL MAGISTRATES
IT IS HEREBY ORDERED: The following rules and procedures are hereby adopted and
established for all Special Magistrate proceedings.
General Procedures before Special Magistrates
1. Motions: Any request or application to the Special Magistrate for an order must be made
in writing, by motion or by letter, at least two (2) working days prior to the hearing,
unless made during a hearing. Such motion or letter shall be delivered to the Clerk of the
Special Magistrate and shall state with specificity the relief sought and the reasons in
support of the request. A copy of said motion shall be simultaneously delivered to the
City Attorney.
2. Captions: Every motion, order or other paper shall have a caption containing the case
number, the violation number, the property owner, the violator and the inspector.
3. Parties/Violators: All persons moving for a hearing before the Special Magistrate shall
provide in their notice and/or Motion their phone number, email address, the address for
mailing any pleading, motion, notice or order, and the capacity or relationship of the
person signing on behalf of the violator or property owner.
4. Subpoenas:
a. Every subpoena for testimony before the Special Magistrate shall be issued by the
Clerk of the Special Magistrate, under the seal of the City. When requested, the
subpoena shall state the Special Magistrate before whom the party or witness is to
appear, the title of the action, and shall command each person to whom it is
directed to attend and give testimony at the hearing of the Special Magistrate
pursuant to Section 162.08(2) Fla. Stat. A subpoena may also command the
person to whom it is directed to produce the evidence designated in the subpoena
at the hearing before the Special Magistrate pursuant to Section 162.08(3) Fla.
Stat.
b. A subpoena may be served by any person authorized by law to serve process, or
by any other person who is not a party and who is not less than 18 years of age.
Service of a subpoena shall be made as provided by law. Proof of such service
shall be made by affidavit of the person making service if not served by an officer
authorized to do so.
5. Amendments: A party may amend a pleading, motion, citation, or notice of violation
once, as a matter of course, at any time up to 1O days prior to the hearing before the
Special Magistrate. Otherwise, a party may only amend the listed document with leave of
Docusign Envelope ID: 2B3F26BA-44D6-46DE-ADC6-C880240D75F6
the Special Magistrate, a copy of which must be sent to the opposing party. All
amendments shall relate back to the date of the original pleading, motion, citation, or
notice of violation.
6. Motions for Rehearing: Amendment of Orders
a. Time for Motion. A Motion for Rehearing or to Amend shall be served not later
than 30 days after the entry of the Order to which it is directed. A timely motion
may be amended to state new grounds, in the discretion of the Special Magistrate,
at any time before the motion is determined. Order on Petitions for Mitigation are
not subject to rehearing.
b. Orders. An Order granting rehearing must specify the reasons for the rehearing.
7. Motions for Relief from Order:
a. Grounds. (1) That the order is void as a matter of law; or (2) the order was based
upon a prior decision of a Court or Special Magistrate.which has been reversed or
otherwise vacated, or it is no longer equitable that the order should have
prospective application; (3) mistake, inadvertence, surprise, or excusable neglect;
(4) newly discovered evidence which could not have been discovered by due
diligence in time to move for a rehearing; (5) fraud, or other misconduct by the
City Inspector or City Attorney.
b. Time for Motion. The Motion for Relief from Order shall be made within 30 days
of the date the Order was entered, and for reasons (3), (4), and (5) not more than
one (1) year after the entry of the order or proceeding. A motion under this rule
does not affect the finality of an order or suspend its operation.
8. Special Magistrate Cases on Remand: Special Magistrate cases, on remand from
appellate proceedings, will return for any further action to the original sitting Special
Magistrate on the case, unless that Special Magistrate has retired, is ill, or otherwise
totally unavailable. In such circumstance, the case will be remanded to the Chief Special
Magistrate for any further proceedings.
Procedure before Special Magistrates on Mitigation Requests
1. A mitigation request must be made in writing, by the Petition for Mitigation.
2. Mitigation may be sought as to each order within a case which imposes a fine.
3. No mitigation will be considered until an affidavit of compliance has been filed in the
applicable case.
4. A Petition for Mitigation shall be filed within three (3) years from the date an Affidavit of
Compliance has been filed. The Chief Special Magistrate has the discretion to review
Requests for Mitigation which are submitted more than 3 years from the date of the filing
of the Affidavit of Compliance and decide to have the mitigation heard.
5. The Petition for Mitigation shall include the date of the violation, date of compliance,
daily fine, cost of repairs, cost of permits, scope of the work, reason for noncompliance,
basis for mitigation, as well as, receipts of the repairs when possible.
Docusign Envelope ID: 2B3F26BA-44D6-46DE-ADC6-C880240D75F6
6. A hearing shall be scheduled within 45 days of the Petition being received by the Office
of the Special Magistrate.
7. Once all rights of appeal or mitigation have been lost by a violator/property owner, any
reduction or settlement of an existing lien shall be addressed with the City Manager or his
or her designee.
8. Mitigation shall not be used for purposes of rehearing the entire case or appeal of the
original order imposing the fine. Mitigation cannot be used as a substitution for an
appeal.
9. Transfer of ownership after recordation of the City's lien shall not be considered as a
factor in mitigation.
10. If the mitigation request is based upon the actual cost of repairs to the property to correct
the violation(s), written documentation must be submitted to support this contention.
11. If the mitigation request is based upon financial inability, written documentation must be
submitted to support this contention. These documents shall not be filed but will be
viewed in camera by the Special Magistrate reviewing the request. Such information
should include the bank account statements of at least six (6) months, federal income tax
returns for the last three (3) years, and W-2 statements, or other financial affidavit.
12. The Special Magistrate may also consider whether the lien amount exceeds the equity in
the subject property. Written documentation must be submitted to support this contention,
which should include, Miami-Dade County Property Appraiser's latest valuation for tax
purposes., and a letter from the Mortgage holder with the current balance.
13. The Petitioner's past conduct with regard to compliance or non-compliance with notices
of violation, and payment of City licensing or permit fees may be taken into
consideration for the granting or denial of mitigation by the Special Magistrate. Repeat
violations by the same owner and/or property manager may be considered regardless of
whether it is on the same property.
14. The Petition for Mitigation must present a clear and convincing case for Mitigation,
which is determined by the Special Magistrate; otherwise, it shall be denied. The
Petitioner must present clear and convincing evidence to support their burden of proof of
mitigating factors.
15. In the event that the Special Magistrate grants Mitigation, he/she shall prepare an Order
reflecting it.
DONE AND ORDERED this 3rd day of October, 2024 nunc pro tunc October 3, 2024.
_________________________________
Annette Epelbaum Cannon
Chief Special Magistrate
Docusign Envelope ID: 2B3F26BA-44D6-46DE-ADC6-C880240D75F6