C7C -Appointment Of Chief Special MasterCOMMISSION ITEM SUMMARY
Ensure compliance with Code within reasonable time frame, emphasizing the Code for commercial
development.
Supporting Data (Surveys, EnvironmentalScan, etc.): According to the 2012 Community Satisfaction
Survey, 610/o of residents thought the City's Code Enforcement efforts were about right, while2l% felt the
Condensed Title:
Reappointment of EnriqueZamora, Esq., as Chief Special Master.
Advisory Board Recommendation:
Item Summary/Recommendation :
On the determination of City Attorney Raul J. Aguila 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 reappointment by the City Commission of Mr. Zamora as Chief Special Master. The first
Resolution reappoints Mr. Zamora as Chief Special Master 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. Mr.Zamorawas first appointed as Chief Special Masterforthe City of Miami
Beach on the April 23, 2014 Commission Meeting.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a Master of
Business Administration (1975) and a Masterof Science Management in Accounting and Taxation (1981)
from Florida lnternational 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. Zamorawas 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.
The Administration recommends a the Resolutions.
Financia! lnformation :
Source of
Funds:
A") |L/
OBPI
Financial
The estimated amount for a six month
period of Special Master fees (October 24,
2014 through April 23, 2015) is $21,800.
The funding for FY 14115 was requested
the FY 14l15 Budoet Process.
01 1 -021 0-00031 2
Rafael E. Granado, City Clerk
Department Directo;Gity Attorney Gity ManagerM/C,X-.-Q*\--..r{-f\
1 Master\ZAMORA Chief Special Master ltem .doc
AGENDA ITE|IT C7 C
o^rE ?-/2-//MIAMIBEACH 143
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine i
FROM: Jimmy L. Morales, C
DATE: September 10,2014
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE GITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24, 2014 AND ENDING ON APRIL 23, 2015;
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 GODES 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 INGORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY GODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, GONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTloN 102-356 OF THE CITY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.iffi -J'J3,lIi3ll,Hit"ss;il'^T3^l'"%##3ffi ,s"='il,'31
ZAMORA'S TERM AS GHIEF SPECIAL MASTER ON OCTOBER 24, 2014,
AND ENDING ON APRIL 23,2015.
ADM! NISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On the determination of City Attorney Raul J. Aguila that Enrique Zamora possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master.
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Master 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
144
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 was first appointed as the Chief Special Master 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 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 seven 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 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 lnternational 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 May 1 ,2014, the hearings have concluded as follows:
7:52 p.m."
4:50 p.m.
7:15 p.m.*
5:39 p.m.
6.53 p.m.*
4:48 p.m.
4:30 p.m.
4:41 p.m.
7:27 p.m.*
7:09 p.m.*
5:50 p.m.
7:01 p.m.*
6:39 p.m.*
7:52 p.m.*
6'.42 p.m.*
4:29 p.m.
Cases labeled with an asferisk (*) include a night session, commencing at 6:00 p.m.
2. The Office of the City Clerk has received neither formal complaints nor internal complaints
against the Chief Special or the Special Masters since the appointment of Enrique Zamora
as Chief Special Master on April 23,2014.
May 8
May 15
May 22
May 29
June 5
June 12
June 19
June 26
July 3
July 10
July 17
July 24
August 7 -
August 14 -
August 21 -
August 28 -
145
CONCLUSION
Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. 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.
JLM/REG(6
T:\AGENDA\2014\September\Chief Special MasteTVAMORRA CHIEF SPECIAL MASTER MEMO.doc
146
Exruoue ZeN4onA, EsQ.
3@6 Avietion Avenue. Penrhouse iC Cotonur Grove Florida 33 733 5 305-285-0285
LpcerExpeRENce
ZAM0RA & Hu,t lrqN
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33 I 33 - 2000 - present
Areas of Concentration: Elder Law, Probate & Guardianship administation, litigation
and mediation, Trust Arlministration & Litigation, Estate Pianning.
L,lw Orncrs oF ENRreuE ZAMoR{
I I02 Ponce de Leon Blvd., Coral Gables, Florida 33134 - 1997 - 2040
Areas of Concentration: Elder Law and Probate & Guardianship litigation, Trust
Administration, Estate Planning, Real Estate.
PEREZ-ABREU, Zauonl, lfn lMax & MlnTm,r-LlvrELLE, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Partner, 1987 ' 1997
Areas of Concentation: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate plann[pg, Corporate, Conhact and Business Law and related litigation;
Real Estate.
Lpcal Actlvtrtes
$ Past Chair ofthe Elder Law Section of the Florida Bar
S Past director of the Florida State Guardianship Association
S Past director of the Foundation for lndigent Guardianship
S Member and former chair of the Probate & Guardianship Committee of the Dade
County Bar
S Guardianship Task Force - Elder Law Section Representative
S Former Chair of the Grievance Committee l ln D of the Florida Bar
S Special Master for the City of Miami Beach
S SpecialMagisrate over Baker Act proceedings & Marchman Act proceedings
g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, 116 Judicial
Circuit ofthe State of Florida Miami-Dade County - Probate Division
TpeCuNqC ACTIVITIES
SL Thomas University School of Law- 2044 - present.
Adjunct Professor of Law - Elder I-aw and Guardianship
Mianni-Dade Comm. College-Professional Guardianship Program- 1998 - 2004.
Lead lnstuctfi & Planning Committee Chair of the course for Professional Guardians
Uuiversity of Miami - Koubek Center - September 1989 - 1998
ScUOOI- OF CONTINUING STUDTES
Adjunct Professor of Business Law
CERrrrrcRttoN
Florida Bar Board Cedified in Elder Law
Florida Supreme Court Certified Civil Mediator
147
HONoT.S AND AWARDS
Super Lawyers list, by Florida Super Lawyers Magazine as a top attomey in Florida for
2012,2013 &2014
Top Lawyers of South Florida 2013
St. Thonnas Universify School of Law - Outstanding Teaching Award - 2013.
St Thomas University School of Law - SBA - adjunct professor award 20 i4
Pro Bouo Award from the Dade Coarnfy Bar Association and the Ilth Judicial
Circuit 2008 For Guardianship services rendered.
Put Something Back - Richard C. Milstein Excellence Award '200'7
Dade County Bar Association Award (2001-2002)For exceptional sen'ice as CHAIR of
the Probate & Guardianship Committee.
Dade County Bar Association Award (2000-2001)For exceptional service as CHAIR of
the Probate & Guardianship Commiuee.
Dade County Bar Association Award (1999-2000)For exceptional service as CHAIR of
the Probate & Guardianship Committee.
Selu{TNARS / pReseNTetoNs
Dade County Put Something Back- Fees, Fees and More Fees
Speaker
Offered by the Dade County Bar Association'Januqry 15, 2014
Elder Law Section - Annual Review - Guardianship
Speaker
January 18,2014
Elder Law Section -Essentials of Elder Law
Speaker
Jarutary 17,2014
16'E ANITU.{I UNPROGRAM -..MEET THE EXPERTS''
OFFERED BY THE ACA.DEIVIY oF FIoRDA EIorn LAW ATTORNTYS - STTAXTT
OcroBER 1 i,2013
The Probate Team 2013 - Closing Guardianships into Estates
Speaker
Offered by the Florida Legal Education Association - October 4, 2013
ISM ATT}IUAI UNPROCRANI _"MEETTFF, EX}ERTS"
OFFERED BY THE ACADEMY OF FLORIDA EI.DTN LAW AI-IORNEYS - SPr,/.XM
DECEMBER 15,2OI2
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 Association- 24th Annual Conference: Sotving the
Mysteries of Guardian sbip- Sp e ake r
Offered by the Florida State Guardianship Association- July 201 i
148
Personal Trust Fiduciary Training
Offered by Morgan Keegan University ' Speakzr
April5,2011
Probate & Guardianship: A View f,rom the Bench and Bar
Offered by the Dade County Bar Association Probate & Guardianship Committee and
Legal AidlPut Something Back - Speaker
March 11, 2011
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar B January 20.I I
Elder Law Section Annual Retreat- Program Co-Chair
Offered by the Florida Bar- October 2010
2010 Florida State Guardiansbip Annual Conference
Elder Law Certification Exam Review Coume
Offered by the Florida Bar - Speaker
January,2010
Guardianship Team 2009
Offered by the Florida Legal Education Association- ' Speaker
February 2009
Eouc.c.rIoN
Uxlvensrry OF MIAMI - SCHOOL OF LAW
CoRAL Gesrrs, Floruon
JIHSDacroRDrcaro, 1985, CUM LAuor-May 1985
F'LoRIDA INTERNATIONAL U\Tv ERSITY
MlAl"rI, Ft-oruoa
Mesrm o F B ustNESS ADt twtsraeno tt, I 97 5
MestmorScIENCE N MANAGEMENT, (Accounting & Taxation) /98/
Ur.nwnsrrv or FLoRrol
GAINESVILLE, FLORIDA
B AC H E LOR O F SANYCE W EUCT RI C A L ENGTNEEN NO, ] 9 7 I
PnoTpSSTONAL 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 Attomeys)
AFELA (Academy of Florida Elder Law Attomeys)
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association - former board mernber
South Florida Guardianship Association - past President
149
PususHEo Woms
St. Thomas Law Review
Long Term Care Insurance: A Life Raft for Baby Boomers
Volume 26, Fall 2013 - lssue 1
SL Thomas Law Review
Examining Committee Reports as a Basis to Dismiss Petitions to Determitre 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 ofthree reports and you're out - But should you be?
Volnme XX, No.3 - Fall 2012
Elder Law Advocate-
The right to bear arms as a removable right in incapaciry proceedings
Volume XIX B No. I B Spring 2011
Elder Law Advocate-
The issue ofstanding in guardianship litigation
Volume )flfill B No. 3 B Fall 2010
Elder Law Advocate-
The use of the Baker Act and its alternatives
Volume XVII B No. 3 B Fali 2009
Elder Law Advocate -
Dealing *'ith foreip rvards and their inveslroents
Volume XVI - Volume Two - Winter2008
Florida Journal of International Law, University of Florida l,evin College of Law- "Obstacles
Encountered Representing the Interests of Cuban Nationals in the American Courts" - Spring 2003
Volume XV Number 3.
150
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE C!ry
OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24,2014 AND ENDING ON APRIL 23,2015;
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 COUNry CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPEGIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN GHAPTER 30 OF THE C!ry 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 reappointment of Enrique
zamora, Esq., as chief Special Master for the city of Miami Beach, for a term
commencing on October 24,2014, and ending on April 23,2015; 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.
151
NOW, THEREFORE, BE !T 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 Master, for a term commencing on
October 24,2014, and ending on April 23, 2015; 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 _ day of September,2014.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
APPROVED AS TO
FORM & I.ANGUAGE
& FOR EXECUTION
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152
RESOLUTION NO.
A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE Ctry CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
roz..rseorrJitirlL=.,8il,fl il3S5[,i;;?5i'33i,il=|,t?^i8'i=""r'l;J
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2014,
AND ENDING ON APRIL 23,2015.
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 September 10, 2014, the Mayor and City Commission
adopted Resolution No.reappointing Enrique Zamota, Esq., as Chief
Special Master, for a term commencing on October 24, 2014, and ending on April 23, 2015; 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 October 24,2014, and
ending on April 23,2015; 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 Gtry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and reappoint, 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 October 24,
2014, and ending on April 23,2015.
PASSED and ADOPTED this _ day of September 2014.
ATTEST:
PHILIP LEV!NE,
MAYOR APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONRAFAEL E. GRANADO,
CITY CLERK
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