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HomeMy Public PortalAbout15-8919 Appoint Vincent Brown as an additional Special MasterSponsored by: City Manager RESOLUTION NO. 15 -8919 A RESOLUTION OF THE CITY COMMISSION OF THE CUITY OF OPA- LOCKA, FLORIDA, TO APPOINT VINCENT T. BROWN AS AN ADDITIONAL SPECIAL MASTER AND TRAFFIC LIGHT SAFETY HEARING OFFICER AND TO APPOINT PASCALE ACHILLE AS AN ALTERNATE, PAYBALE FROM ACCOUNT NO. 23- 521340 (A BUDGETED ITEM); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa -locka desires to employ a Traffic Light Safety hearing officers and additional Special Masters; and WHEREAS, Vincent T. Brown is an attorney with experience as a Special Master and Traffic Light Safety Hearing officer, and would be an excellent candidate for the position; and WHEREAS, Pascale Achille is an experienced and qualified attorney, and would be an excellent candidate for the position; and WHEREAS, Florida Statute Section 316.0083 section 1(b) gives persons that fail to stop at a red light the right to request a hearing in front of a local hearing officer; and WHEREAS, a need exists to name Traffic Light Safety Hearing officers and additional Special Masters, and WHEREAS, the City Commission of the City of Opa -locka desires to name Vincent T. Brown as a Traffic Light Safety Hearing Officer and an additional Special Master and Pascale Achille as an alternate on the same terms and conditions that the City utilizes for the existing Special Master. Resolution No. 15 -8919 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa- locka, Florida, hereby names Vincent T. Brown as a Traffic Light Safety Hearing Officer and an additional Special Master and Pascale Achille as an alternate on the same terms and conditions that the City utilizes for the existing Special Master. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28`h day of January, 2015. to: na Flores Clerk 'RA"TAYLOR MAYOR Approved aj to form and legalhufficiency: Jo S Geller' —`-� G EN OON MARDER PA Resolution No. 15 -8919 Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago Vice -Mayor Holmes: Mayor Taylor: VICE MAYOR HOLMES COMMISSIONER PINDER 5 -0 YES YES YES YES YES 3 City of Opa -Locka Agenda Cover Memo Commission Meeting Date: 01/28/2015 Item Type: Resohdion Ordinance Other X (EnterX in box) Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1st 2n+ X Public Hearing: (EnterXin box) Yes No Yes No Funding Source: (Enter AcctNo.) (Enter Fund & Dept) 23- 521340 Advertising Requirement: (EnterX in box) Yes No BUDGETED Contract /P.O. Required: (Enter X in box) Yes No RFP /RFQ /Bid #: N/A Strategic Plan Related (EnterX in box) Yes me Strategic Plan Priority Area: Strategic Plan Obj. /Strategy: (list the specific objective /strategy this item will address) Enhance Organizational 0 Bus. & Economic Dev 0 Public Safety 0 Quality of Education 0 Qual. of Life & City Image 0 Communcation 0 Sponsor Name City Manager Department: City Manager L. short Thlen I A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA, TO NAME VINCENT T. BROWN AS AN ADDITIONAL SPECIAL MASTER AND TRAFFIC LIGHT SAFETY HEARING OFFICER AND ADD PASCALE ACHILLE AS AN ALTERNATE, PAYABLE FROM ACCOUNT NO. 23-521340 (BUDGETED) Staff 1'r'tar. r. The City is in need of additional Code Enforcement Special Master and Traffic Safety (red light camera) hearing officers. We plan to hold two special master meeting per month in order to expedite the conclusion of code enforcement citations. Also, per F.S. 316.0083, section 1(b), any person that receives a notice of violation for failure to stop at a red light, has a right to request a hearing in front of a local hearing magistrate. The City currently has over 400 cases waiting to be heard and need traffic enforcement hearing officers to hear them. Approval i I. Vincent T. Brown resume 2. Pascale Achille resume 3. Florida Statute Section 316.0083- Mark Wandall Traffic Safety Program 4. Resolutions 12 -8485, 10 -7999, 08 -7340, 04 -6573 L rJ • �J4� Memorandum TO: Mayor Vice -Mayor Commissioner Commissioner Commissioner FROM: Kelvin Baker, Sr., City DATE: January 23, 2015 Myra L. Taylor RE: Resolution: Additional Special Masters Request: A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA, TO NAME VINCENT T. BROWN AS AN ADDITIONAL SPECIAL MASTER AND TRAFFIC LIGHT SAFETY HEARING OFFICER AND ADD PASCALE ACHILLE AS AN ALTERNATE, PAYABLE FROM ACCOUNT NO. 23- 521340 (BUDGETED) Description: Vincent T. Brown has special master and traffic light safety hearing experience at the City of Miramar and City of Miami Gardens. This would be Pascale Achille's first opportunity to serve as a Special Master; however we were impressed with her initiative and interpersonal skills that gives her the ability to effectively and tactfully interact with the public. Both attorneys are members of the Florida Bar and in good standing. Financial Impact: At the same rate of the existing special masters. Implementation Timeline: Immediately Legislative History: Resolutions 12 -8485, 10 -7999, 08 -7340, 04 -6573 Recommendation(s): Staff recommends approval. Analysis: The City is in need of additional Code Enforcement Special Master and Traffic Safety (red light camera) hearing officers. We plan to hold two special master meeting per month in order to expedite the conclusion of code enforcement citations. Also, per F.S. 316.0083, section 1(b), any person that receives a notice of violation for failure to stop at a red light, has a right to request a hearing in front of a local hearing magistrate. The City currently has over 400 cases waiting to be heard and need traffic enforcement hearing officers to hear them. At the $50 rate for administration set by the Florida Statute, the City could possibly see about $20,000 in revenue. Attachments: 1. Vincent T. Brown resume 2. Pascale Achille resume 3. Florida Statute Section 316.0083- Mark Wandall Traffic Safety Program 4. Resolutions 12 -8485, 10 -7999, 08 -7340, 04 -6573 PREPARED BY: Faye Douglas, Budget Administrator Vincent T. Brown, Esq. 847 NW 119th Street, Ste. 202, North Miami, FL 33168 (305) 688 -7500 Office - (305) 785 -6420 Cell vtbl awL& bel I south. net LEGAL EXPERIENCE 8/96 - Present THE BROWN LAW GROUP, LLC. North Miami, FL Owner - Managing Attorney Performs complex corporate and real estate transactions; practice in the areas of family, criminal, general civil, probate and guardianship, and personal injury; negotiate settlements; client development and relations; and manage a staff of legal assistants and attorneys. 11/13- Present CITY OF MIRAMAR, FL Special Master Hearing Officer Miramar, FL Serve as hearing officer adjudicating code compliance violations. Make legal rulings and fact finding in the adjudication process. 9/13- Present CITY OF MIAMI GARDENS, FL Traffic Light Safety Program Hearing Officer Miami Gardens, FL Serve as hearing officer adjudicating violations of the red light traffic safety program. Make legal rulings and fact finding in the adjudication process. 4/10- Present CITY OF MIAMI GARDENS, FL Nuisance Abatement Board Attorney Miami Gardens, FL Serve as legal counsel and provide guidance to the Nuisance Abatement Board. 8/93 - 7/96 MIAMI -DADE COUNTY ATTORNEY'S OFFICE Assistant County Attorney Miami, FL Performed complex civil tort litigation; supervised public housing unit, acted as legal counsel to Dade County Housing and Urban Development and the Nuisance Abatement Board; conducted personnel appeal hearings; drafted legal opinions and negotiated settlements. 8/92 - 8/93 JUDGE WILKIE D. FERGUSON, JR. Miami, FL Third District Court of Appeals Judicial Law Clerk Legal Research; prepared oral argument summaries; prepared memoranda of law; and supervised interns. 1/92 - 5/92 MIAMI -DADE COUNTY STATE ATTORNEY'S OFFICE Certified Legal Intern Miami, FL Prepared cases for trial; tried misdemeanor criminal cases; argued motions before the court; interviewed witnesses and victims; conducted arraignments; and negotiated plea bargains. Summer 1991 CHIEF JUSTICE LEANDER SHAW, Jr. Tallahassee, FL Supreme Court of Florida Judicial Intern Legal Research; prepared memoranda of law; prepared oral arguments summaries; made recommendations on discretionary jurisdiction; and reviewed and summarized transcripts. NON -LEGAL EXPERIENCE 11/10-11/11 MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP. President & Chief Executive Officer Miami, FL Managed staff and facilities; oversaw budgeting and financing; interfaced with City of Miami and Miami - Dade County officials; carried out the policies of the board of directors; negotiated contracts; and insured compliance with funding mandates. 7/01 -9/05 METRO -MIAMI ACTION PLAN TRUST (An Agency of Miami -Dade County Government) President & Chief Executive Officer Miami, FL Planned, directed, coordinated and implemented policies formulated by the MMAP Trust; managed the implementation of MMAP Trust programs (Homeowners Assistance, Community & Economic Development, Teen Court, and Martin Luther King, Jr. Leadership Academy); prepared agency budget and oversaw all financial matters; met with various community organizations; researched and developed policy recommendations for the MMAP Trust; set policy regarding personnel and staffing; and supervised daily activities of staff. 7/96 — 6/01 MIAMI -DADE COUNTY DEPARTMENT OF BUSINESS DEVELOPMENT Deputy Director Miami, FL Managed, supervised and coordinated the following divisions: Fair Business Practices (Anti- Discrimination), Small & Minority Business, Contracts Review and Compliance, and Certification; review and approve all applications for Minority Business Enterprise (MBE), Disadvantaged Business Enterprise (DBE) and Community Small Business Enterprise (CSBE) Certification; reviewed all contracts from the appropriate M/D /CSBE Affirmative Action opportunity business enterprise program development and implementation; conducted comprehensive compliance investigation and hearings; draft request for legal opinions on behalf of the County Manager; acted as in -house counsel, staff liaison to the American Airlines North Terminal Project, the CSBE Advisory Board, Minority and Women -Owned Business Enterprise Advisory Board, and to the Economic Revitalization Task Force; designed and implemented the Anti - Discrimination Ordinance; and assisted with the development of Miami -Dade County's Community Small Business Enterprise (CSBE) program. Interfaced with the County Commission, County Attorney's Office, and the County Manager's Office. Oversaw and created development opportunities. EDUCATION Legal Education St. Thomas University School of Law, Miami, Florida Juris Doctor May 1992 Class Rank: Top 30% Honors and Activities Dean's List; American Jurisprudence Award in Criminal Procedure 1; St. Thomas University Academic Achievement Award Florida Practice & Procedure; Phi Delta Phi Honors Fraternity; Moot Court Board; and Black Law Students Association, President, 1991 -1992. Undergraduate Education Clark- Atlanta University, Atlanta, Georgia Bachelor of Arts Degree in Criminal Justice Administration May 1987. Honors and Activities Graduated Top Senior in the Area of Social Science; National Dean's List Nominee; U.S. Achievement Academy Academic All American Nominee; Dean's List Five Times; and Florida Students Association, President, 1986 -1987 LICENSES & PROFESSIONAL ASSOCIATIONS Admitted to Florida Bar, October, 1992 Admitted to 11 th Circuit Court of Appeals, October, 1993 Admitted to the U.S. District Court Southern District of Florida, April, 1997 Member, Florida Bar Association, Family Law Section APPOINTMENTS & AFFILIATIONS Carrie P. Meek Foundation, Board of Directors, 2005 -2011 Andre N. Dawson Foundation, Board of Directors, 1992 - 2007 100 Black Men of South Florida, Inc., 1995 - 2005 Y.M.C.A. of Greater Miami, Board of Directors, 1994 — 1996 G. W. Carver Y. M.C.A., Chairman, Board of Directors, (1993 - 1997) Omega Psi Phi Fraternity, Inc., Sigma Alpha Chapter, Parliamentarian (1995 -1997) Governor's Task Force on Growth Management, 1991 SPECIAL SKILLS: Microsoft Office 2013 & ME, Word Perfect 6.0, and LEXIS/NEXIS AND WESTLAW PASCALE AMLLE 9857 Fairway Cove Lane, Plantation, FL 33324 • (954) 980 -7442 • Pascale. achille(a)gmail.com PROFESSIONAL EXPERIENCE Senior Associate Frenkel, Lambert, Weiss, Weisman & Gordon, LLP May 2014 - Present Manage residential foreclosures for institutional servicers and lenders; obtain final judgment at summary judgment and trial; seek relief for secured creditors from debtor bankruptcy; brief appellate issues and present oral argument to district court panel. Partner Panza, Maurer & Maynard, P.A. March 2011 —May 2014 Manage real estate litigation division for residential foreclosures on behalf of major financial institutions; obtain final judgment at summary judgment and trial; seek relief for secured creditors from debtor bankruptcy; brief appellate issues and present oral argument to district court panel. Associate Attorney December 2008 — March 2011 Ben -Ezra & Katz, P.A. Fort Lauderdale, Florida Litigate plaintiff real- estate actions for major financial institutions in metropolitan area, draft pleadings, motions and memorandums of law, develop litigation strategies, obtain final judgments, and negotiate settlement agreements. College Professor November 2008 — January 2011 Kaplan University Fort Lauderdale, Florida Professor of Constitutional Law, Criminal Law, and Capstone writing courses, facilitate discussion in weekly discussion board, grade weekly unit assignments, and assist in providing support system with university for students to excel academically and professionally. Assistant State Attorney September 2005 — December 2008 State Attorney's Office Fort Lauderdale, Florida Managed and litigated high volume caseload with sensitive victim issues in special felony unit for sexual battery crimes involving DNA and complex litigation, researched evolving case law effecting current legal issues to resolve violation of criminal state statutes, drafted legal motions and briefs to advocate state's position. College Instructor October 2006 — November 2008 Brown - Mackie College Miami, Florida Professor of Criminal Law, Business Law, Contracts, Property, Constitutional Law, Juvenile Justice, and Advanced Composition II. Prepared collegiate professional courses by designing syllabi, created original curriculum and exams for all key courses taught. Certified Legal Intern September 2004 - September 2005 State Attorney's Office Fort Lauderdale, Florida Researched defendants' criminal histories and calculated potential sentences for arraignments, prepared cases for trial by researching law, interviewed witnesses, presented case -in -chief in jury trial and assisted in overall trial strategy. Researched and complied with evidentiary discovery rules, defended depositions, maintained victim contact; researched and drafted legal motions and briefs. BAR MEMBERSHIP Florida Bar United States District Court Southern District of Florida United States District Court Middle District of Florida EDUCATION Nova Southeastern University, Shepard Broad Law Center, Fort Lauderdale, Florida Juris Doctor, December 2004 Honors: Moot Court Honor Society Moot Court First Amendment Traveling Team Moot Court Young Lawyers Division Traveling Team Florida State University, Tallahassee, Florida Bachelor of Arts, August 2002 Major: English /Creative Writing Honors: Dean's List Fall 1997 SKILLS /LANGUAGES Westlaw Certification; Lexis Nexis Certification; Proficient in Juris Core and Juris Suite Billing programs; Proficient in all Microsoft programs; Fluent in Creole. COMMUNITY COMMITMENT Big Brother Big Sister Volunteer for Broward County Chapter and Florida Bar Justice Teaching Volunteer for Broward County Program. REFERENCES AVAILABLE UPON REQUEST Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 5 Select Year: 2014 G The 2014 Florida Statutes Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.0083 Mark Wandall Traffic Safety Program; administration; report. — (1)(a) For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right -hand turn in a careful and prudent manner at an intersection where right -hand turns are permissible. A notice of violation and a traffic citation may not be issued under this section if the driver of the vehicle came to a complete stop after crossing the stop line and before turning right if permissible at a red light, but failed to stop before crossing over the stop line or other point at which a stop is required. This paragraph does not prohibit a review of information from a traffic infraction detector by an authorized employee or agent of the department, a county, or a municipality before issuance of the traffic citation by the traffic infraction enforcement officer. This paragraph does not prohibit the department, a county, or a municipality from issuing notification as provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. (b)l .a. Within 30 days after a violation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying the remedies available under s. 318.14 and that the violator must pay the penalty of $158 to the department, county, or municipality, or furnish an affidavit in accordance with paragraph (d), or request a hearing within 60 days following the date of the notification in order to avoid the issuance of a traffic citation. The notification must be sent by first - class mail. The mailing of the notice of violation constitutes notification. b. Included with the notification to the registered owner of the motor vehicle involved in the infraction must be a notice that the owner has the right to review the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The notice must state the time and place or Internet location where the evidence may be examined and observed. c. Notwithstanding any other provision of law, a person who receives a notice of violation under this section may request a hearing within 60 days following the notification of violation or pay the penalty pursuant to the notice of violation, but a payment or fee may not be required before the hearing requested by the person. The notice of violation must be accompanied by, or direct the person to a website that provides, information on the person's right to request a hearing and on all court costs related thereto and a form to request a hearing. As used in this sub - subparagraph, the term "person" includes a natural person, registered owner or coowner of a motor vehicle, or person identified on an affidavit as having care, custody, or control of the motor vehicle at the time of the violation. d. If the registered owner or coowner of the motor vehicle, or the person designated as having care, custody, or control of the motor vehicle at the time of the violation, or an authorized representative of http: / /www. leg. state.fl.us /Statutes /index.cfm? App_mode= Display _Statute &Search — String... 1/23/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 5 the owner, coowner, or designated person, initiates a proceeding to challenge the violation pursuant to this paragraph, such person waives any challenge or dispute as to the delivery of the notice of violation. 2. Penalties assessed and collected by the department, county, or municipality authorized to collect the funds provided for in this paragraph, less the amount retained by the county or municipality pursuant to subparagraph 3., shall be paid to the Department of Revenue weekly. Payment by the department, county, or municipality to the state shall be made by means of electronic funds transfers. In addition to the payment, summary detail of the penalties remitted shall be reported to the Department of Revenue. 3. Penalties to be assessed and collected by the department, county, or municipality are as follows: a. One hundred fifty -eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at a traffic signal if enforcement is by the department's traffic infraction enforcement officer. One hundred dollars shall be remitted to the Department of Revenue for deposit into the General Revenue Fund, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund, $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and $45 shall be distributed to the municipality in which the violation occurred, or, if the violation occurred in an unincorporated area, to the county in which the violation occurred. Funds deposited into the Department of Health Emergency Medical Services Trust Fund under this sub - subparagraph shall be distributed as provided in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to the Miami Project to Cure Paralysis and used for brain and spinal cord research. b. One hundred fifty -eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver failed to stop at a traffic signal if enforcement is by a county or municipal traffic infraction enforcement officer. Seventy dollars shall be remitted by the county or municipality to the Department of Revenue for deposit into the General Revenue Fund, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund, $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and $75 shall be retained by the county or municipality enforcing the ordinance enacted pursuant to this section. Funds deposited into the Department of Health Emergency Medical Services Trust Fund under this sub - subparagraph shall be distributed as provided in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to the Miami Project to Cure Paralysis and used for brain and spinal cord research. 4. An individual may not receive a commission from any revenue collected from violations detected through the use of a traffic infraction detector. A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected through the use of a traffic infraction detector. (c)l.a. A traffic citation issued under this section shall be issued by mailing the traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 60 days after notification under paragraph (b), if the registered owner has not requested a hearing as authorized under paragraph (b), or if the registered owner has not submitted an affidavit under this section. b. Delivery of the traffic citation constitutes notification under this paragraph. If the registered owner or coowner of the motor vehicle, or the person designated as having care, custody, or control of the motor vehicle at the time of the violation, or a duly authorized representative of the owner, coowner, or designated person, initiates a proceeding to challenge the citation pursuant to this section, such person waives any challenge or dispute as to the delivery of the traffic citation. http: / /www.leg.state.fl.us/ Statutes / index .cfin ?App_mode= Display_Statute &Search String... 1/23/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 5 c. In the case of joint ownership of a motor vehicle, the traffic citation shall be mailed to the first name appearing on the registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. 2. Included with the notification to the registered owner of the motor vehicle involved in the infraction shall be a notice that the owner has the right to review, in person or remotely, the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The notice must state the time and place or Internet location where the evidence may be examined and observed. (d)1. The owner of the motor vehicle involved in the violation is responsible and liable for paying the uniform traffic citation issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal, unless the owner can establish that: a. The motor vehicle passed through the intersection in order to yield right -of -way to an emergency vehicle or as part of a funeral procession; b. The motor vehicle passed through the intersection at the direction of a law enforcement officer; c. The motor vehicle was, at the time of the violation, in the care, custody, or control of another person; d. A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of s. 316.074(1) or s. 316.075(1)(c)l .; or e. The motor vehicle's owner was deceased on or before the date that the uniform traffic citation was issued, as established by an affidavit submitted by the representative of the motor vehicle owner's estate or other designated person or family member. 2. In order to establish such facts, the owner of the motor vehicle shall, within 30 days after the date of issuance of the traffic citation, furnish to the appropriate governmental entity an affidavit setting forth detailed information supporting an exemption as provided in this paragraph. a. An affidavit supporting an exemption under sub - subparagraph 1.c. must include the name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the vehicle was stolen at the time of the alleged offense, the affidavit must include the police report indicating that the vehicle was stolen. b. If a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)l . was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation. c. If the motor vehicle's owner to whom a traffic citation has been issued is deceased, the affidavit must include a certified copy of the owner's death certificate showing that the date of death occurred on or before the issuance of the uniform traffic citation and one of the following: (1) A bill of sale or other document showing that the deceased owner's motor vehicle was sold or transferred after his or her death, but on or before the date of the alleged violation. (II) Documentary proof that the registered license plate belonging to the deceased owner's vehicle was returned to the department or any branch office or authorized agent of the department, but on or before the date of the alleged violation. (III) A copy of a police report showing that the deceased owner's registered license plate or motor vehicle was stolen after the owner's death, but on or before the date of the alleged violation. http: / /www.leg.state.fl.us /Statutes /index.cfm? App_ mode = Display _Statute &Search_ String... 1/23/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 5 Upon receipt of the affidavit and documentation required under this sub - subparagraph, the governmental entity must dismiss the citation and provide proof of such dismissal to the person that submitted the affidavit. 3. Upon receipt of an affidavit, the person designated as having care, custody, or control of the motor vehicle at the time of the violation may be issued a notice of violation pursuant to paragraph (b) for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal. The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing proof that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased vehicle for which a traffic citation is issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal is not responsible for paying the traffic citation and is not required to submit an affidavit as specified in this subsection if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. 4. Paragraphs (b) and (c) apply to the person identified on the affidavit, except that the notification under sub - subparagraph (b)1.a. must be sent to the person identified on the affidavit within 30 days after receipt of an affidavit. 5. The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (e) The photographic or electronic images or streaming video attached to or referenced in the traffic citation is evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal has occurred and is admissible in any proceeding to enforce this section and raises a rebuttable presumption that the motor vehicle named in the report or shown in the photographic or electronic images or streaming video evidence was used in violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop at a traffic signal. (2) A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right -hand turn in a careful and prudent manner at an intersection where right - hand turns are permissible. (3) This section supplements the enforcement of s. 316.074(1) or s. 316.075(1)(c)1. by law enforcement officers when a driver fails to stop at a traffic signal and does not prohibit a law enforcement officer from issuing a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal in accordance with normal traffic enforcement techniques. (4)(a) Each county or municipality that operates a traffic infraction detector shall submit a report by October 1, 2012, and annually thereafter, to the department which details the results of using the traffic infraction detector and the procedures for enforcement for the preceding state fiscal year. The information submitted by the counties and municipalities must include statistical data and information required by the department to complete the report required under paragraph (b). (b) On or before December 31, 2012, and annually thereafter, the department shall provide a summary report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the use and operation of traffic infraction detectors under this section, along with the department's recommendations and any necessary legislation. The summary report must include a review of the information submitted to the department by the counties and municipalities and must describe the enhancement of the traffic safety and enforcement programs. (5) Procedures for a hearing under this section are as follows: (a) The department shall publish and make available electronically to each county and municipality a model Request for Hearing form to assist each local government administering this section. http: / /www.leg.state.fl.us /Statutes /index.cfin ?App mode= Display_Statute &Search String... 1/23/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 5 (b) The charter county, noncharter county, or municipality electing to authorize traffic infraction enforcement officers to issue traffic citations under paragraph (1)(a) shall designate by resolution existing staff to serve as the clerk to the local hearing officer. (c) Any person, herein referred to as the "petitioner," who elects to request a hearing under paragraph (1)(b) shall be scheduled for a hearing by the clerk to the local hearing officer to appear before a local hearing officer with notice to be sent by first -class mail. Upon receipt of the notice, the petitioner may reschedule the hearing once by submitting a written request to reschedule to the clerk to the local hearing officer, at least 5 calendar days before the day of the originally scheduled hearing. The petitioner may cancel his or her appearance before the local hearing officer by paying the penalty assessed under paragraph (1)(b), plus $50 in administrative costs, before the start of the hearing. (d) All testimony at the hearing shall be under oath and shall be recorded. The local hearing officer shall take testimony from a traffic infraction enforcement officer and the petitioner, and may take testimony from others. The local hearing officer shall review the photographic or electronic images or the streaming video made available under sub- subparagraph(1)(b)1.b. Formal rules of evidence do not apply, but due process shall be observed and govern the proceedings. (e) At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section has occurred, in which case the hearing officer shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay the penalty previously assessed under paragraph (1)(b), and may also require the petitioner to pay county or municipal costs, not to exceed $250. The final administrative order shall be mailed to the petitioner by first -class mail. (f) An aggrieved party may appeal a final administrative order consistent with the process provided under s. 162.11. History. —s. 5, ch. 2010 -80; s. 98, ch. 2012 -174; ss. 3, 74, ch. 2012 -181; s. 43, ch. 2013 -15; s. 5, ch. 2013 -160. Copyright © 1995 -2015 The Florida Legislature • Privacy Statement • Contact Us http: / /www. leg. state.fl.us /Statutes/ index .cfm ?App_mode= Display_Statute &Search String... 1/23/2015 Sponsored by: City Attorney Resolution No. 12 -8485 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO NAME ATTORNEY CHRISTOPHER BENJAMIN AS AN ADDITIONAL SPECIAL MASTER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa -locka desires to employ an additional Special Master; and WHEREAS, Christopher Benjamin, is an attorney who graduated cum laude from Florida Memorial University, and would be an excellent candidate for the position, see attached Curricum vitae, Exhibit "A "; and WHEREAS, a need exists to name an additional Special Master; and WHEREAS, Attorney Christopher Benjamin has experience in the area of Code Enforcement law; and WHEREAS, the City Commission of the City of Opa -locka desires to name Attorney Christopher Benjamin as an additional Special Master on the same terms that the City utilizes for existing Special Master. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locks hereby name attorney Christopher Benjamin as an additional Special Master, on the same terms as existing Special Master. Resolution No. 12 -8485 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14`h day of November, 2012. Attest to: jJa Flores City Clerk Moved by: Commissioner Holme: Seconded by: Vice Mayor Kelley Commission Vote: 5-0 Commissioner Holmes: Yes Commissioner Johnson: Yes Commissioner Santiago: Yes Vice -Mayor Kelley: Yes Mayor Taylor: Yes -ZW/ TAYLOR MAYOR Approved as to form and legal sufficiency: A Sponsored by: City Manager RESOLUTION NO. lo-7999 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARLON A. HILL FOR SERVICE AS A SPECIAL MASTER/MAGISTRATE FOR THE CITY OF OPA- LOCKA, FOR THE RED LIGHT CAMERA PROGRAM PAYABLE FROM ACCOUNT NO. 19- 519312 AND IN THE CONTRACT FORM ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa- locka, Florida ( "City Commission") adopted Resolution 09 -7435 and Ordinance 08 -07, thereby creating the Red Light Safety Camera Program; and WHEREAS, in accordance with Section 2- 570.28 of the City Code of Ordinances, staff had previously created a list of potential Special Masters for City of Opa -locka ( "City ") Commission consideration; and WHEREAS, Marlon A. Hill, Esq. was pre- approved by the selection committee for a position of Special Master/Magistrate; and WHEREAS, the City Commission desires to authorize the City Manager to enter into and execute a contract with Mr. Marlon A. Hill, Esq. for service as a Special Master /Magistrate for the City hearings pertaining to traffic enforcement (red light camera safety program). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. aW < F Resolution No. 1 0 — 7 9 9 9 Section 2. The City Commission of the City of Opa- locka, Florida, hereby authorizes the City Manager to enter into and execute a professional services agreement with Marlon A. Hill, Esq., for service as a Special Master/Magistrate for hearings pertaining to traffic enforcement (red light camera safety program) for a one year period from the time of engagement and in the contract form attached hereto as Exhibit "A ", and payable from account Number 19- 519312. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ 3 day of JAN - 2010. Attest: D orah S. Irby City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Tydus: Vice -Mayor Taylor: Mayor Kelley: HOLMES JOHNSON 5 -0 YES YES YES YES YES Approved as to form and KELLEY s. vener City Attorney Sponsored by: City Attorney RESOLUTION NO. 0 8 - 7 3 4 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING ANTHONY C. MUSTO AS A SPECIAL MASTER/MAGISTRATE PURSUANT TO ARTICLE XI, DIVISION 10, SUBDIVISION 2, SECTION 2- 570.26 OF THE CITY OF OPA -LOCKA CODE OF ORDINANCES WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2- 570.26 of the City of Opa -locks Code of Ordinances, the City Commission of the City of Opa -locks ( "City Commission ") shall appoint up to three (3) Special Masters/Magistrates and one (1) alternate Special Master/Magistrate; and WHEREAS, pursuant to said relevant code, all appointed Special Masters/Magistrates and any alternates are required to be members of the Florida Bar and in good standing; and WHEREAS, the Special Master/Magistrate Selection Committee has held no less than three meetings to review all applicants, interview and select members with experience who meet the requirements of the relevant City Code; and WHEREAS, the City Commission desires to accept the recommendation of the Special Master/Magistrate Selection Committee and appoint one (1) Special Masters/Magistrate who is a member in good standing with the Florida Bar. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby appoints the following Resolution No. 08-7340 member of the Florida Bar as a Special Master/Magistrate to perform the duties and responsibilities as outlined by the City of Opa -locks Charter, City of Opa -locks Code of Ordinances and Florida laws, as applicable: Attest: City Anthony C. Musto -- Special Master/Magistrate Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 n day of Sep 2008. Approved as to form and legal sufficiency: op Irby ette No eeks City Attorney Moved by: Seconded by: Commission Vote: Commissioner Tydus: Commissioner Holmes: Commissioner Miller: Vice -Mayor Johnson: Mayor Kelley: JOHNSON Sponsored by: City Attorney Resolution No. 04-6573 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA APPOINTING CAROLYN Y. HOWARD, ESQUIRE AND LISA N. HODAPP, ESQUIRE AS SPECIAL MASTERS FOR CODE ENFORCEMENT DISPUTE RESOLUTION PURSUANT TO SECTION 2- 570.25 OF THE CITY OF OPA -LOCKA CODE OF ORDINANCES; FURTHER PROVIDING FOR SPECIAL MASTER COMPENSATION IN THE AMOUNT OF EIGHTY -FIVE DOLLARS (85.00) PER HOUR WHEREAS, Section 2- 570.28 of the City of Opa -locka Code of Ordinances provides that the City Commission shall appoint no more than three (3) pre approved special masters and an alternate; and WHEREAS, the Special Selection Committee recommends the appointment of Carolyn Y. Howard, Esquire and Lisa N. Hodapp, Esquire as special masters for Code Enforcement dispute resolution; and WHEREAS, the appointed special master shall be compensated at the rate of eighty -five dollars ($85.00) per hour for preparation and hearing of all cases. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby appoints Carolyn Y. Howard, Esquire and Lisa N. Hodapp, Esquire as special masters for Code Enforcement dispute resolution. Section 3. The special masters shall be paid at the rate of eighty -five dollars ($85.00) per hour for preparation and hearing for all cases. Resolution No. 04-6573 PASSED AND ADOPTED this 25 day of FEBRUARY , 2004. M19OR Atte "L st to: Approved as to form and legal sufficiency: z�� "OKE/,( L40%1_,- f JJ1 t/ C CLERK C TO Y Moved by: COMMISSIONER HOLMES Second by: COMMISSONER TYDUS Commission Vote: 4 -0 Commissioner Kelley: YES Commissioner Tydus: YES Commissioner Holmes: YES Vice -Mayor Johnson: YES Mayor Taylor: NOT PRESENT Resolution/ appointment of special masters 2 22 0 DA