R7B-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
A ril10, 2014, and endin on OctoberS, 2014?
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 At $250.00/hour & Maximum of
~~4U $1,250 per hearing, the estimated
amount for remainder of FY 13/14 is
$36,750. The funding for FY 14/15 will
\ / be requested during the FY 14/15
"'I.~ Budget Process.
OBPI Total $36,750
Financial Impact Sumr;nary:
Cit Clerk's Office Le islative Trackin
MIAMI BEACH 94
Account Approved
011-0210-000312
JLM
AGENDA ITEM ___.R....>...t-:'--'-"::8-
DATE ----+-4 --1-9....!..-f-L-({ _
G MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: April9, 2014
SUBJECT: APPOINTMENT OF CHIEF SPEC L 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 APRIL 10, 2014, AND ENDING ON OCTOBER 9, 2014; 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 APRIL 10,2014, AND ENDING ON OCTOBER 9,
2014.
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.
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
95
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 1 02 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.
T:\AGENDA\2014\Aprii\ZAMORRA CHIEF SPECIAL MASTER MEMO.doc 8
96
ENRIQUE ZAMORA, EsQ.
J006AviiJrion Avenue, Penthouse 4C Coconut Grove, Florida 33133$ 305-Z85-0Z85
LEGAL EXPERIENCE
ZAMORA & HILLMAN
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33133-2000-present
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 33134 -1997 -2000
Areas of Concentration: Elder Law and Probate & Guardianship litigation, Trust
Administration, Estate Planning, Real Estate.
PEREZrABREU,ZAMORA, HILLMAN & MARTIN-LAVIELLE, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl33134-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 ACTNITIES
§
§
§
§
§
§
§
§
§
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 fonner chair of the Probate & Guardianship Committee of the Dade
County Bar
Guardianship Task Force -Elder Law Section Representative
Fonner Chair of the Grievance Conunittee 11.., D of the Florida Bar
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, 11 lh Judicial
Circuit ofthe State of florida, Miami-Dade County-Probate Division
TEACHING ACTIVITIES
StThomas University School of Law-2004-present.
Adjunct Professor of Law -Elder law and Guardianship
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
CERTIFICATION
Florida Bar Board Certified in Elder Law
Florida Supreme Court Certified Civil Mediator
97
HONORS AND AWARDS
Super Lawyers list, by Florida Super Lawyers Magazine as a top attorney in Florida for
2012,2013&2014
Top Lawyers of South Florida 2013
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
Dade County Bar Association Award (2001-lOOl)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.
Dade County Bar Association Award (1999-lOOO)For exceptional service as CHAIR of
the Probate & Guardianship Committee.
SEMINARS I PRESENTATIONS
Dade County Put Something Back-Fees, Fees and More Fees
Speaker
Offered by the Dade County Bar Association -January 15, 2014
Elder Law Section -Aunual Review-Guardianship
Speaker
January 18, 2014
Elder Law Section-Essentials of Elder Law
Speaker
January 17, 2014
16TH ANNUAL UN PROGRAM-.. MEET THE EXPERTS"
OFFERED BY THE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS-SPEAKER
OcTOBER 11, 20 13
The Probate Team 2013 -Closing Guardianships into Estates
Speaker
Offered by the Florida Legal Education Association-October 4, 2013
15m ANNuAL UNPROGRAM-"MEET mE EXPERTS"
OFFERED BY THE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS-SPEAKER
DECEMBER 15,2012
Florida State Guardianship Association-25th Annual Conference:
Offered by the Florida State Guardianship Association--Speaker
4-hour Initial Examining Committee training
March 2012
Florida State Guardianship Assoeiation-24th Annual Conference: Solving the
Mysteries of Guardianship-Speaker
Offered by the Florida State Guardianship Association-July 2011
·-·· .. ---98
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 BarB January 20 II
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
Guardianship Team 2009
Offered by the Florida Legal Education Association--Speaker
February 2009
EDUCATION
UNIVERSITY OF MIAMI-SCHOOL OF LAW
CORAL GABLES, FLORIDA
JURiS DocTOR DEGREE 1985, CUM LAUDE-May 1985
FLORIDA INTERJiiA TIONAL UNIVERSITY
MIAMl, FLORlDA
MAsTER OF BUSINESS ADM!N!STRATION, 1975
MASFEROFSClENCE IN MANAGEMENT, (Accounting & Taxation) 1981
UNIVERSITY OF FWRIDA
GAINESVILLE, FLORIDA
BACHELOR OF SCIENCE IN ELECTRICAL ENGINEERING, 197/
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
99
PUBLISHED WORKS
St. Thomas Law Review
Long Term Care Insurance: A Life Raft for Baby Boomers
Volume 26, Fall2013-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
Volwne 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-Fa1120l2
Elder Law Advocate-
The right to bear anns as a removable right in incapacity proceedings
Volume XIX B No.1 B Spring 2011
Elder Law Advocate-
The issue of standing in guardianship litjgation
Volume XVIII B No.3 B Fall2010
Elder Law Advocate-
The use of the Baker Act and its alternatives
Volwne XVII B No.3 B Fall2009
Elder Law Advocate-
Dealing with foreign wards and their investments
Volwne 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.
100
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 APRIL 10, 2014, AND ENDING ON OCTOBER 9, 2014;
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 April10, 2014, and ending on October 9, 2014; 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.
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
101
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 April
10, 2014, and ending on October 9, 2014; 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 9111 day of April, 2014.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
T:\AGENDA\2014\Aprii\ZAMORRA CHIEF SPECIAL MASTER RESO.doc
102
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 APRIL 10, 2014, AND ENDING ON
OCTOBER 9, 2014.
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 meeting on April 9, 2014, the Mayor and City Commission adopted
Resolution No. , appointing Enrique Zamora, Esq., as Chief Special Master,
for a term commencing on April10, 2014, and ending on October 9, 2014; 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 April 10, 2014, and
ending on October 9, 2014; 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. Zamora's term as Chief Special Master on April10, 2014
and ending on October 9, 2014.
PASSED and ADOPTED this glh day of April, 2014.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
T:\AGENDA\2014\Aprii\ZAMORA Chief Special Master Resolution Chapter 102.doc
103
APPROVED AS TO
FORM & LANGUAGE
& f()ti EXECUTION