C7B-Reappointment Of Chief Special MasterCOMMISSION ITEM SUMMARY
Item Summa
Condensed Title:
Reappointment of Enrique Zamora, Esq., as Chief Special Master.
Key lntended Outcome Supported:
Ensure compliance with Code within reasonable period, emphasizing the Code for commercial
development.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Community Satisfaction
Survey, 62% of residents and 69% of businesses thought the City's Code Enforcement efforts were just
iqht.
As previously determined by 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 reappointing 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 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 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.
Mr. Zamora is a partnerwith 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.
The Administration recommends aDDrovinq the Resolutions.
Board Recommendation:
N/A
Financial lnformation:
OBPI
The maximum estimated amount for a six-
month period of Special Master fees,
October 24,2015 through April23, 2016,
01 1 -021 0-00031 2
Rafael E. Granado, City Clerk
Siqn-Offs:
Department Director City Attorney City Manager
REG M WgPv,\--lM /A/-
Special .doc
AGENDA trEM c-7 B
oneWMIAMIBEACH282
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM:
DATE: September 2,2015
SUBJECT: REAPPOINTMENT 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, GONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPEGIAL MASTER, FOR A TERM
GOMMENCING ON OCTOBER 24, 2015 AND ENDING ON APRIL 23, 2016;
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 GOUNTY 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 REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE CITY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
L^8,liiB'lI,Hi3"5E;il'^?F:3^l=.=;#,il3trS"="frj,?il
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015 AND
ENDING ON APRIL 23,2016.
ADMI NISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
As previously determined by City Attorney Raul J. Aguila that Enrique Zamoru possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending reappointing 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
Jimmy L. Morales, City Manag ", /4hb
Raul J. Aguila, City Attornei}."L \o,L'
283
Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and
revocations of certificates of use pursuant to Chapler 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 partnerwith the lawfirm 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 eight 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 March 5,2015, the Special Master hearings have concluded as follows:
7.20 p.m.*
6:22 p.m. *
7:21 p.m.*
11:57 a.m.
7:02 p.m.*
7.28 p.m.*
3:32 p.m.
6:35 p.m.*
7:11 p.m.*
7:59 p.m.*
3:58 p.m.
8.27 p.m.*
6:35 p.m."
7:54 p.m.*
4:56 p.m.
6:53 p.m."
6:33 p.m.*
7:02 p.m."
7'.22 p.m.*
7'.46 p.m.*
7:21 p.m.*
March 5,2015
March 12,2015
March 19,2015
March 26,2015
April2,2015
April 9, 2015
April 16,2015
Aprll23,2015
May 7,2015
May 14,2015
May 21,2015
May 28,2015
June 4,2015
June 11,2015
June 18, 2015
June 25,2015
July 9, 2015
July 16, 2015
July 23,2015
August 6,2015
August 13,2015
Cases labeled with an asferisk O include a night sesslon, commencing at 6:00 p.m.
284
2. Neither the Office of the City Clerk, Office of the City Manager, nor the Office of the City
Attorney has received either formal complaints or internal complaints against the Chief
Special or the Special Masters since the appointment of Enrique Zamora as Chief Special
Master on April 23,2014.
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/RJA/R =o @
T:\AGENDAVO1S\September\Chief Special MasteTVAMORRA CHIEF SPECIAL MASTER MEMO.doc
285
ENmoue Zauone, EsQ.
J@6 Aviadon Avenue, Penrhousc iC Coconur 6rova Florida 33733 S 305-2854285
LecarExpsnrsNce
ZAMoRe& Htlt"trtlw.
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Fiorida 33133 - 2000 - Present
Areas of Concentration: Elder Law, Probate & Guardianship adminisfatioq litigation
and mediation, 1161 A,rlmini5trdtion & Litigation, Estate Planning.
LAw OFFICES OT ENAIQUE ZAIIORA.
I I 02 Ponce de Leon Blvd., Coral Gables, Florida 33134 ' 1997 - 2000
Areas of Concentratiol: Elder Law and Probate & Guardiansbip litigation, Trust
Administration, Estate Planning, Real Estate.
PERIZ-ABREU, Zeuone, Hn uvltx & tvlnnrrri'LevrEtlr, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Parner, 1987' 1997
Areas of Concent-ation: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate Planniso, Corporate, Contract and Business law and related litigation;
Real Estate.
LecelAcrrylrtgs
$ Past Chair ofthe Elder Law Section of the Florida Bar
S Past director of the Ftorida State Guardianship Assoeiation
S Past director of the Foundation for Indigent Guardianship
S Member and former chair of the Probate & Guardianship Commiftee of the Dade
County Bar
$ Guardianship Task Force - Elder Law Sectt'on Representative
$ Former Chair of the Grievance Commicee I iu D of the Florida Bar
S Special Master for the Ciry of Miami Beach
S Special Magisrate over Baker Act proceeding5 & Marchman Act proceedhgs
g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, 116 Judicial
Circuit oftbe State of Floridq Miami-Dade County - Probate Division
TeecFIINC ACTIVITIES
SL Thomas University School of Law- 2044 - present.
Adjunct Professor of Law - Elder Law and Cuardianship
Miasi-Dade Comm. College.Professional Guardianship Program- I996 - 2004.' Lead lnstuctor p ptanning Committee Chair of tbe course for Professional Guardians
Ucil'ersii-, cf Ili:ni - Kcubek Cen'tar - Sairenbzr 1989 - 1998
- ^-i,^^.}EHUUL UT LQ.\ [L\Ui,\g }. UUI.TJ
Adjunct Professor of Business Law
CERrtrrcnuoN
Florida Bar Board Ceftified in Elder Law
Floriila Supreme Court Certified Civil Mediator
286
HoNOAS ANDAWARDS
Super Lawyersiist, by Florida Super lawyers Magazirre a5 a top attomey in llorida for
2012,2013 &2414
' ToP LawYers of South Florida20l3
St. Thomas Uiiversity Schoo! of Law - Outstanding Teaching Award - 2013 '
StThonasUniver:itySchoolofLaw-sBA.adjunctprofessoraward20l4. Pro Bono Award from the Dade county Bar Association and the llth Judicial
Circuit 2008 For Guardianship services rendered'
PutSornethingBack.RichardC.MilsteinExcellenceAward.200T
Dade County iar Association Awarcl (2001-2002)For exceptional serv'ice as CIIAIR of
the Probare & Guardianship CommiBee'
Dade county Bar Associ:atiou Award (2000-2001)For exceptional service as cHAIR of
the Probate & Guardianship Comrnittee'
Dade couaty Bar Asociation Award (1999r000)For exceptional service as cIIATR of
the Probate & Guardianship Committee'
SuurN ens / PRsslNtRttolls
Dade Couoty Put Something Back - Fees, Fees and More Fees
SPeaker
dffered by the Dade County Bar Associati oa ' Janu@-l I 5 ' 201 4
Elder Law Secfion - Annual Review - Guardiaoship
SPeoker
January 18,2Al4
Elder Law Section - Essentials of Elder Law
SPeal<er
Jarutary 17,2014
. 1618 A}O{UAL UNPROGRAIVI -..IYIEETTHE EXPERTS,,
oFFERED BY THE AcADEivIY oF FIORIDA EIOEN LAW AITORNEYS. SPEAKER
OcroeeR 1 l, 20 I 3
TheProbateTeam2013-ClosiugGuardianshipsiutoEstates
SPeaker
Offered by the Florid.a Legal Education Associatioa'Octaber 4' 201i
15* AI$rUAL UNPROCRAM -,.MEET TnF EXPERTS"
OFFERED BY TIIE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS - SPEI'(E8
DECEI',fBER 15,2012
Florida State Guardianihip Associatior- 25th Annual CoJference:
offeredbytheFloridaStateGuardianshipAssociation.-Speale'r
4-hour Initial Examining Committee training
Much 2012
Florida State Guardianship Association- 24th Aunual Conference: Solving the
Mystenes of Guerd iansbip- Spea'ter
offered by the Florida State Guardia,rship Association. July 201 1
287
Personal Trust Fiduciary Training
Offered by Morgan Keegan University - Speaker
April 5, 2011
Probate & Guardiaosbip: A View from the Bench autl Bar
Offered by the Dade Couoty Bar Associalion Probate & Guardianship Committee and
Legal Aid/Put Something Back ' Speaker
March 11, 201I
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar B January 201 I
Elder Law Section Anuual Retreat- Program Co-Chair
Offered by the Florida Bar- October 20i0
2010 Florida State Guardianship Auuual Conference
Elder Law Certification Exam Review Course
Offered by the Florida Bu - Speaker
January,20i0
Guardianship Team 2009
Offered by the Florida Legal Education Association'- Speaker
February 2009
Eouce.rtox
' Uxtvensrrv o^" illrAMl - kHool. oF L.aw
CoRaL Gnslrs, Flontoa
Ju ax Docroa DEG REE I 9 I 5, Cu M LAUDE- lvlay 1985
FLORTDA INTERNATIONAL U \TVERSITY
MIAt"u, FLoRIDA
MASTER OF BUSNESS ADMN{STMNON, 1 97 5
M,qstmopscnNce m MtNAGEWNT, (Accouotilg & Taxation) /981
Ur.rrvrnsrrv oF FLoRro.{
GAD{ESV]-LLE, FLORIDA
BACHELOROF SCIENCE IN ELECTRICAL ENGNEENNO, I97I
PRo peSS IOT'IAL MET4BERSH]P S
ltr Ficiiia tsr'
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 ElderLaw Atlomeys)
AIELA (Academy of Florida Elder Law Attomeys)
Dade County Bar Association
Cuban American Bar Asociation
Florida State Cuardianship Associuion - former board mernber
South Florida Cuardianship Association - past President
288
PuattsHEo Woms
St. Thomas Law Review
Long Term Care losuraqce: A Life Raft for Baby Boomers
Volume 26, Falt 2013 - lssue 1
SL Thomas Law Review
gp6ining.Committee Reports as a Basis to Dismis Petitions to Deteruoh,e Incapacity: A
Question of edmissibiliry and Evidentiary Relevanry' Volume 25, Surnmer 2013 - lssue 3
St. Thomas Law Reviest
Impact of the Cuban Embargo on tnheritances by Cuban Nationals
Volume 24, Summer 2012 - Issue 3
Elder Law Advocate-
Two out of fuee reports and you're out - But should you be?
Volu.oe XX, No.3 - Fall 2012
Elder Law Advocate.
The right to bear arms as a removable riglt in incapaciry proceedings
Volume XIX B No. I B Spring20l t
Elder Law Advocate-
The issue ofstanding in guardianship litigation
Volu:e XVIII B No. 3 B Fall 2010
Elder Law Advocale-
The use of the Baker Act and its altemarives
Volume )Onl B No. 3 B Fall 2009
Elder Law Advocate -
Dealing with foreign rvards and their investments
Volume XVI - Volume Trvo - Winter 2008
Florida Journal of International Law, Uuiversity of Florida l.evin College of Law' "Obstacles
Encourtered Representing the Iflterests of Cuban Natiooals in the Anerican Coults" - Spring 2003
Volume XV Number 3.
289
RESOLUTION NO.
A RESOLUTION ACCEPTING THE REGOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE CITY
OF MIAM! BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24,2015 AND ENDING ON APRIL 23,2016;
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 GOUNTY 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 INGORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WTHOUT
LIMITATION, SECTIONS 30-37 AND 30.38 THEREOF, CONCERNING THE
GOMPENSATION 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 reappointing Enrique
Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on October 24,2015, and ending on April 23,2016; 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.
290
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry 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 24,2015, and ending on April 23,2016; 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 2nd day of September 2015.
ATTEST:
PHILIP LEV!NE,
MAYOR
RAFAEL E. GRANADO,
GITY GLERK
APPROVED AS TO
FORM & ISNGUAGE
& FOR EXECUTION
&-{Lll'- CIf RttorneY Date
T:\AGENDA\201S\SeptembeAChief Special Master\ZAMORRA CHIEF SPECIAL MASTER RESO.doc
291
RESOLUTION NO.
A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE Ctry CODE, ENRTQUE ZAMORA, ESQ. (cHtEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
-,,,,.,..#Lt?Jt1B',il,Xil3Sr1B,i;;?5i'3[i,il=',-t?^il;i,",'1,'J
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015
AND ENDING ON APRIL 23,2016.
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 2, 2015, the Mayor and City Commission
adopted Resolution No.reappointing Enrique Zamora, Esq., as Chief
Special Master, for a term commencing on October 24,2015, and ending on April 24,2016; 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 24,2015, and
ending on April 23,2016; 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 MIAM! 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,
2015, and ending on April 23,2016.
PASSED and ADOPTED this 2nd day of September 2015.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
APPROVED AS TO
F,ORM & I.ANGUAGE
& FOR E)(ECUTION
Date
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