C7C-Appointment Of Chief Special MasterCOMMISSION ITEM SUMMARY
Condensed Title: I Appointment of Enrique Zamora, Esq., as Chief Special Master.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction
Survey, 61% of residents thought the City's code enforcement efforts were about right, while 21% felt the
City did not do enough to enforce codes.
Issue:
Shall Enrique Zamora, Esq. be appointed to serve as Chief Special Master for a term commencing on
Se tember 15, 2012, and endin on March 14, 2013?
Item Summary/Recommendation:
On the determination of City Attorney Jose Smith that Enrique Zamora possesses the knowledge, skills
and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am
recommending Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions providing
for the appointment by the City Commission of Mr. Zamora as Chief Special Master. The first Resolution
appoints Mr. Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the
City Code; the second Resolution appoints 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.
Mr. Zamora has a Juris Doctor 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.
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 a certified
civil mediator. 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 was the recipient of the
2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he
received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded
Citizens, South Florida. Mr. Zamora was first appointed as a Special Master for the City of Miami Beach in
October 2001.
The Administration recommends approving the Resolutions.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount
Funds: 1 $250.00/hour I Maximum of
JP· $1 ,250 per hearing. Estimated for
remainder of FY 11/12-$5,000. ~ The funding for FY 12/13 will be
requested during the FY 12/13
Budget Process.
OBPI Total $5,000
Financial Impact Summary:
Clerk's Office Le islative Trackin
MIAMI BEACH 185
Account Approved
011-0210-000312
011-0210-000312
City Manager
Kathie G. Brooks
AGENDA ITEM _C._7_L __
DATE 7--/f-/2..
ce MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manag /~#-
Jose Smith, City Att ~
DATE: July18,2012
SUBJECT: APPOINTMENT OF CHIEF SPECIAL MASTER
1. 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 APPOINTMENT OF ENRIQUE ZAMORA,
ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING
ON SEPTEMBER 15, 2012, AND ENDING ON MARCH 14, 2013; PROVIDED
FURTHER THAT CHIEF SPECIAL MASTER 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 MASTERS 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 MASTER.
2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL
MASTER APPOINTED 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 MASTER ON SEPTEMBER 15, 2012, AND ENDING ON
MARCH 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On the determination of City Attorney Jose Smith that Enrique Zamora possesses the
knowledge, skills and attributes to perform as Chief Special Masters, and my concurrence with
such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master.
186
Attached are two Resolutions providing for the appointment by the City Commission of Mr.
Zamora. The first Resolution appoints Mr. Zamora as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution appoints 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 Master and each Special Master
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 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 is 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 six 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 Plotkin Outstanding Legal Service
Award in 1999 from the Association for Retarded Citizens, South Florida. Mr. Zamora was first
appointed as a Special Master for the City of Miami Beach in October 2001.
Mr. Zamora has a Juris Doctor 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.
Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will serve this City with honor and distinction, and his appointment will best serve the
interests of the City. As such, the subject Resolutions should be adopted.
KGB/REG/reg
T:\AGENDA\2012\7-18-12\CHIEF SPECIAL MASTER MEMO vers 3.doc
187
Enrique Zamora, Esq.
Founding Partner
Martindale-Hubbell AV rated
Phone: (305) 285-0285
Fax: (305) 285-3285
E-Mail: ezamor~t!J.flW..:n~
Area of Concentration:
Probate & Guardianship administration, litigation and
mediation, Elder Law, Trust Administration, Estate
Planning, and related litigation
Education:
University of Miami -School of Law
Coral Gables, Florida
Juris Doctor Degree, 1985, Cum Laude
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
Professional Memberships:
The Florida Bar
Chair of the Elder Law Section of the Florida Bar
Member of NAELA (National Academy of Elder Law
Attorneys)
Member of AFELA (Academy of Florida Elder Law
Attorneys)
Dade County Bar Association
188
Cuban American Bar Association
Florida State Guardianship Association-Former member
of the Board of Directors
South Florida Guardianship Association -Former
President
Legal Activities:
Special Master for the City of Miami Beach
Court Appointed Attorney-Ad-Litem for Cuban National
Heirs, 11th Judicial Circuit of the State of Florida, Dade
County -Probate Division
Special Magistrate over Baker Act proceedings &
Marchman Act proceedings
Member and Former Chair of Probate & Guardianship
Committee of the Dade County Bar Association
Former Chair of the Grievance Committee 11 th "D" of the
Florida Bar
Areas of Specialty:
Certified Civil Mediator
Teaching Activities:
St. Thomas School of Law -2004 to date
Adjunct Professor of Elder Law
Miami-Dade Comm. College-Professional
Guardianship Prgm-1998 to date
Lead Instructor & Planning Committee Chair of the 44-
Hour course for Professional Guardians
University of Miami-Koubek Center-September 1989
to 1998
189
School of Continuing Studies
Adjunct Professor of Business Law
Florida National College -July 1986 to 1996
Professor of Paralegal Program
Responsible for teaching: Trusts & Wills, Business Law,
Real Estate and Introduction to the American Legal
System.
Published Works:
The Elder Law Advocate -
"The right to bear arms as a removable right in incapacity
proceedings" Vol. XIX, No. 1, Spring 2011. Download
article herE!
The Elder Law Advocate -
"The issue of standing in guardianship litigation" Vo.
XVIII, No.3, Fall2010. Download article here
The Elder Law Advocate -
"The use of the Baker Act and its alternatives" Volume
XVII, No. 3, Fall 2009
The Elder Law Advocate -
'Wards and support for their dependents" Volume XVII,
No. 1, Spring 2009. Download article here
The Elder Law Advocate -
"Dealing with foreign wards and their investments"
Volume XVI -Volume Two-Winter 2008. Download
article here
The Elder Law Advocate -
"Examining Committee Training & Update"-Winter 2007
Florida Journal of International Law, University of
Florida Levin College of Law-"Obstacles Encountered
Representing the Interests of Cuban Nations in the
American Courts" by Jose I. Valdes, Esq. and Enrique
Zamora, Esq. -Spring 2003 Volume XV Number 3.
Download article here
Honors and Awards:
Pro Bono Award from the Dade County Bar
Association and the 11th Judicial Circuit 2008
For Guardianship services rendered.
190
Certificate of Appreciation from The Florida State
Guardianship Association (2003)
For services rendered to the F.S.G.A. Board of Directors.
Dade County Bar Association Award {2001-2002)
For exceptional service as CHAIR of the Probate &
Guardianship Committee.
Dade County Bar Association Award {2000-2001)
For exceptional service as CHAIR of the Probate &
Guardianship Committee.
State of Florida Award {2000)
For exceptional service as CHAIRMAN of the Probate &
Guardianship Committee of the Dade County Bar
Association.
Dade County Bar Association Award (1999-2000)
For exceptional service as CHAIR of the Probate &
Guardianship Committee.
Outstanding Legal Service Award from the
Association for Retarded Citizens, South Florida
(1999)
For his efforts on behalf of persons with Mental
Retardation and other Developmental Disabilities.
Seminars I Presentations:
Florida State Guardianship Association-24th Annual
Conference: Solving the Mysteries of Guardianship-
Speaker
Offered by the Florida State Guardianship Association-
July 2011
Trust Fiduciary Training -Speaker
Offered by Morgan Keegan University-April 5, 2011
PROBATE: A View From the Bench And Bar-Speaker
Offered by the DCBA Probate & Guardianship Committee
-March 11, 2011
Elder Law Certification Exam Review Course -Event
Chair
Offered by the Florida Bar-January 2011
Elder Law Section Annual Retreat-Program Co-Chair
Offered by the Florida Bar-October 2010
191
2010 Florida State Guardianship Annual Conference
Elder Law Certification Exam Review Course-Speaker
Offered by the Florida Bar-January 2010
Guardianship Team 2009-Speaker
Offered by the Florida Legal Education Association-
February 2009
ABC's and XYZ's of Guardianship-Speaker
Offered by the Florida Bar-November 2008
Florida State Guardianship Association-21st Annual
Conference: So your Ward is Suing or Worse Being
Sued-What to Know-Speaker
Offered by the Florida State Guardianship Association-
August 2008
Fundamentals of Elder Law II-Speaker
Offered by the Florida Bar-April 10, 2008
Dealing with foreign wards and their investments-
Speaker
Offered by the Dade County Bar Association-February
2008
Florida State Guardianship Association-Annual
Meeting-Speaker
Offered by the Florida State Guardianship Association-
August 2007
Guardianship Team 2007-Speaker
Offered by the Florida Legal Education Association -
March 2007
Examining Committee Training Seminar-Lead Trainer
Offered by the Probate and Guardianship Division of the
11th Judicial Circuit
End of Life Issues Seminar-Speaker Offered by
Lorman Education Services -July 2007
Elder Law Certification Course -Speaker
Offered by the Elder Law Section -January 2006
Fundamentals of Elder Law-Speaker-April16, 2005
Introduction to Guardianship -Speaker
Offered by the Florida State Guardianship Association -
192
August 5, 2005
Free Advance Directives Workshop -Speaker
Offered by the Florida Bar Association Elder Law Section
PROBATE: A View From the Bench And Bar -Speaker
Offered by the DCBA Probate & Guardianship Committee
Medicaid and Elder Law Issues in Florida -Speaker
Offered by Lorman Education Services -January 27,
2005
Successful Handling of Wrongful Death Cases in
Florida -Speaker
Offered by Lorman Education Services -January 7, 2005
Guardianship Team 2004-Speaker
Offered by the Florida Legal Education Association -
February 13 & 14, 2004
Legal Experience:
Zamora & Hillman
3006 Aviation Avenue, Penthouse 4C, Coconut Grove,
Florida 33133-2001 to present
Law Offices of Enrique Zamora
1102 Ponce de Leon Blvd., Coral Gables, Florida
33134 -1997 to 2000
Perez-Abreu, Zamora, Hillman & Martin-Lavielle, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl33134-
1987 to 1997
193
RESOLUTION NO.-------
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 APPOINTMENT OF
ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER,
FOR A TERM COMMENCING ON SEPTEMBER 15, 2012, AND
ENDING ON MARCH 14, 2013; PROVIDED FURTHER THAT CHIEF
SPECIAL MASTER 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 MASTERS 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
MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters 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 Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master 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 appointment of Enrique
Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on September 15, 2012, and ending on March 14, 2013; 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 Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, 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.
194
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 appointment of
Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on
September 15, 2012, and ending on March 14, 2013; provided further that, as Chief
Special Master, 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 Masters 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
Master.
PASSED and ADOPTED this 181h day of July, 2012.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
T:\AGENDA\2012\7 -18-12\Chief Special Master Resolution Chapter 30.doc
195
RESOLUTION NO.-------
A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL
MASTER APPOINTED PURSUANT TO RESOLUTION NO. }, AS
THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE
CITY CODE; SAID DESIGNATION COMMENCING WITH MR. ZAMORA'S
TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012, AND
ENDING ON MARCH 14,2013.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its regular meeting on July 18, 2012, the Mayor and City Commission
adopted Resolution No. , appointing Enrique Zamora, Esq., as Chief
Special Master, for a term commencing on September 15, 2012, and ending on March 14, 2013;
and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of occupational licenses, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Zamora to serve as
the City Manager's "designee," for a six (6) month term commencing on September 15, 2012,
and ending on March 14, 2013; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), 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 approve and appoint, pursuant to Section 102-356 of the City Code,
Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No.
------'' as the City Manager's "designee" under Section 102-356 of the City Code;
said designation commencing with Mr. Laeser's term as Chief Special Master on September 15,
2012, and ending on March 14, 2013.
PASSED and ADOPTED this 18th day of July 2012.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\201217-18-12\Chief Special Master Resolution Chapter 102.doc
MATTI HERRERA BOWER,
MAYOR
APPROVED AS TO
FORM & LANGUAGE
.---.LX. FOR CUTION
196 ~2-