R10A - City Attorney's Status Report

City Attorney Reports/Executive Sessions - R10 A

R10 A CITY ATTORNEY'S STATUS REPORT. Applicable Area:

COMMISSION MEMORANDUM

TITLE:

CITY ATTORNEY'S STATUS REPORT.

RECOMMENDATION

LAWSUITS FILED BY AND AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST MEETING:

1. MERCEDES-BENZ FINANCIAL SERVICES USA, LLC V CITY OF MIAMI BEACH Case No. 25-012893-CA-27 (County Court of the 11th Judicial Circuit in and for Miami-Dade County Florida)

This is a replevin action for a 2021 Mercedes Benz that is being held due to an underlying, open criminal case.

2. U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISTION TRUST V. RAUL A. COSSIO A/K/A RAUL COSSIO; UNKNOWN SPOUSE OF RAUL A. COSSIO A/K/A RAUL COSSIO; BANKATLANTIC; CITY OF MIAMI BEACH, FLORDA; LASER CONDOMINIUM ASSOCIATION, INC. Case No. 2025-017905-CA-13 (Circuit Court of the 11th Judicial Circuit, in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 201 Jefferson Avenue, Unit 3F, Miami Beach, Florida. The Summons and Verified Complaint for Foreclose of Mortgage (the “Complaint”) was served on the City on October 1, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the two (2) code enforcement liens that the Plaintiff is seeking to foreclose.

3. FLAGSHIP CAP SUB 3, LLC. MSB-8430, LLC, JAGAT NARAYAN BHUYANM, CITY OF MIAMI BEACH, UNKNOWN TENANT IN POSSESSION OF UNIT 1, UNKNOWN TENANT IN POSSESSION OF UNIT 2, UNKNOWN TENANT IN POSSESSION OF UNIT 3, UNKNOWN TENANT IN POSSESSION OF UNIT 4, AND UNKNOWN TENANT IN POSSESSION OF UNIT 5 Case No. 2025-018485-CA-23 (Circuit Court of the 11th Judicial Circuit, in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 8430 Byron Avenue, Miami Beach, Florida. The Summons and Verified Complaint for Foreclose of Mortgage (the “Complaint”) was served on the City on October 3, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the Historic Preservation Board Order that the Plaintiff is seeking to foreclose.

4. Z-HOTEL HOLDINGS, LLC V SOUTH BEACH RESORT DEVELOPMENT, A FLORIDA LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER WITH Z-304, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND WITH Z-227, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ET AL, Case No. 2025-012496-CA-44 (Circuit Court of the 11th Judicial District, in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 1437 Ocean Drive, Units 207, 208, 215, 216, 224, 226, 227, 304, 308, 313, 319, 324, PH-12, PH-17, CU-D, CU-F and CU- G, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on October 6, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- à-vis the code enforcement lien that the Plaintiff is seeking to foreclose.

5. DESIREE DEJESUS V CITY OF MIAMI BEACH Case No. 2025-015079-CA-27 (Circuit Court of the 11th Judicial District, in and for Miami- Dade County, Florida)

This is a negligence action against the City wherein Plaintiff alleges that on November 22, 2022, she tripped and fell due to an improperly maintained utility cover on the sidewalk at or near 3025 Collins Avenue.

The Office of the City Attorney will vigorously defend this action.

6. DAVID LIEBERMAN V CITY OF MIAMI BEACH Case No. 2025-017846-CA-27 (Circuit Civil Court of the 11th Judicial District, in and for Miami-Dade County, Florida)

This is a negligence action against the City wherein Plaintiff alleges that on November 17, 2024, he was laying on the public beach near the 4th Street lifeguard tower when a City beach patrol truck ran him over.

The Office of the City Attorney will vigorously defend this action.

7. NEWTEK BANK, NATIONAL ASSOCIATION,, V REGAN HOSPITALITY LLC, A FLORIDA LIMITED LIABILITY COMPANY; CHRISTOPHER RGAN; LEONTE REGAN, CITY OF MIAMI BEACH, FLORIDA, A MUNICIPAL CORPORATION; BIG TIME RECORDS, INC., A FLORIDA CORPORATION; BIG TIME RECORDS, INC., A FLORIDA CORPORATION; FYM CAPITAL LLC, A FLORIDA LIMITED LIABILITY COMPANY; EXCELLENT FRUIT & PRODUCE, INC., A FLORIDA CORPORATION; MARY DOE A/K/A UNKNOWN TENANT IN POSSESSION; CORPORATION SERVICE COMPANY, A DELAWARE CORPORATION; FUNDING FUTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY; C T CORPORATION SYSTEM, A DELAWARE CORPORATION; CFG MERCHANT SOLUTIONS LLC, A DELAWARE LIMITED LIABILITY COMPANY; LIBERTY FUNDING SOURCE LLC, A NEW YORK LIMITED LIABILITY COMPANY; FIRST CORPORATE SOLUTIONS, INC, A DELAWARE CORPORATION; WEBBANK, A UTAH CHARTERED BANK; STATE OF FLORIDA DEPARTMENT OF

REVENUE; AND CC USA RECOVERY TRUST AS SUCCESSOR IN INTEREST TO TASO GROUP Case No. 2025-018900-CA-11 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 1500 Ocean Drive, Unit 1502, Florida. The Summons and Verified Commercial Foreclose Complaint (the “Complaint”) was served on the City on October 9, 2025.

The Complaint alleges that the City’s Notice of Priority lien for the unpaid Resort Taxes in the principal amount of $49,751.51which was filed in the public records in and for Miami- Dade County, Florida is inferior to Plaintiff’s interest.

The Answer and Affirmative Defenses will be timely filed asserting that the City’s lien is superior to Plaintiff’s mortgage interest.

8. BRANDON KEITH BUCKLES, D/B/A THE AGENCY, GENERAL DELIVERY, MIAMI BEACH, FL 33139 V CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION Case No. 2025-019790-CA-25 (Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida)

Pro se plaintiff Brandon Buckles has filed suit under Florida Statutes § 125.0231, which provides in relevant part that “a county or municipality may not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property, including, but not limited to, any public building or its grounds and any public right-of-way under the jurisdiction of the county or municipality, as applicable.” Plaintiff alleges that the City has failed “to provide non-discriminatory, accessible shelter options while enforcing” its anti-camping ordinance and other “exclusionary policies,” and that as a result, Plaintiff remains unsheltered. Plaintiff theorizes that the City’s enforcement action violates the foregoing statute. The Office of the City Attorney will vigorously defend this action.

BACKGROUND/HISTORY

ANALYSIS

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Co-sponsor(s)

Condensed Title

City Attorney's Status Report. CA

Previous Action (For City Clerk Use Only)

City Attorney Reports/Executive Sessions - RIO A

MIAMI BEACH

COMMISSION MEMORANDUM

ty Commission

FROM :

City Attorney Ricardo J. Dopico

RECOMMENDATION

LAWSUITS FILED BY AND AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST

MEETING:

1. MERCEDES-BENZ FINANCIAL SERVICES USA, LLC V. CITY OF MIAMI BEACH Cas ami-Dade County Florida)

mr

This is a replevin action for a 2021 Mercedes Benz that is being held due to an underlying, open criminal case.

2. U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISTION TRUST V. RAUL A. COSSIO A/K/A RAUL COSSIO; UNKNOWN SPOUSE OF RAUL A. COSSIO A/K/A RAUL COSSIO;

BANKATLANTIC; CITY OF MIAMI BEACH, FL RIIMn IInTilzrIT7BWHTlta Case No. 2025-017905-CA-13 (Circuit Court of the llth Judicial Circuit, in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 201 Jefferson Avenue, Unit 3F, Miami Beach, Florida. The Summons and Verified Complaint for Foreclose of Mortgage (the “Complaint”) was served on the City on October 1, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiffs

interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- a-vis the two (2) code enforcement liens that the Plaintiff is seeking to foreclose.

3. FLAGSHIP CAP SUB 3, LLC. MSB-8430. LLC. JAGAT NARAYAN BHUYANM, CITY OF M1©1IIIEIZIMmBM TEIgEIIW IN PCF NIT 1, UNIN

BN II1[3NOmT mII MF I[[MFIRNOWN

m®FT–FaTeMmBTlmmmniM@®=BRriJirIJam

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ease No. 2025-018485-CA-23 (Circuit Court of the 11th Judicial Circuit, in and for Miami-

Dade County, Florida)

This is an action on a mortgage on the real property located at 8430 Byron Avenue, Miami Beach, Florida. The Summons and Verified Complaint for Foreclose of Mortgage (the “Complaint”) was served on the City on October 3, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiffs

interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- i-vis the Historic Preservation Board Order that the Plaintiff is seeking to foreclose.

4. Z-HOTEL HOLDINGS, LLC V. SOUTH BEACH RESORT DEVELOPMENT, A FLORIDA LIMIMMIllFbi FLORIDa

[mED LIABILlIM•mmaITjn

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CasejH@)25-012496-CA-44 (Circuit Court of the llth Judicial District, in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 1437 Ocean Drive, Units

207, 208, 215, 216. 224. 226. 227, 304. 308. 313. 319. 324. PH-12, PH-17. CU.D, CU-F and CU- G, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage (the “Complaint”) was served on the City on October 6, 2025.

The Complaint alleges that the City’s interest in the property is inferior to Plaintiffs

interest.

The Answer and Affirmative Defenses will be timely filed asserting the City’s position vis- i-vis the code enforcement lien that the Plaintiff is seeking to foreclose.

5. DESIREE DEJESUS V. CITY OF MIAMI BEACH Case No. 2025-015079-CA-27 (Circuit Court of the 11th Judicial District, in and for Miami- Dade County, Florida)

This is a negligence action against the City wherein Plaintiff alleges that on November 22, 2022, she tripped and fell due to an improperly maintained utility cover on the sidewalk at or near 3025 Collins Avenue.

The Office of the City Attorney will vigorously defend this action.

6. DAVID LIEBERMAN V. CITY OF MIAMI BEACH Case No. 2025-017846-CA-27 (Circuit Civil Court of the 11th Judicial District, in and for Miami.Dade County, Florida)

This is a negligence action against the City wherein Plaintiff alleges that on November 17, 2024, he was laying on the public beach near the 4th Street lifeguard tower when a City beach patrol truck ran him over.

The Office of the City Attorney will vigorously defend this action.

7. NEWrEK BANK. NATIONAL ASSOCIATION.. V. REGAN HOSPITALITY LLC, A FLORIDA

Lld[Ei=BXIEE]niitY C©mlrPANYMIISTOPHER RGAIEIml Mt RC

CORPORATION; BIG TIME RECORDS. INC.. A FLORIDA CORPORATION; FYM CAPITM

FLORIDA CORPORATION:

MARY DOE A/K/A

UNKNOWN TENANT

IN POSSESSION; JDIN!©FUTURES

0

m@3BillSREInDNA R F iI=Tmlii3B UABIILEiY COMI R DELAWMImmR mE i© gml ANT SOLLr

RB Y !E]3RTY FU&B C,aFIgW6]R]R@ILIMITE®FLA

COMPANY; FIRST CORPORATE SOLUTIONS. INC. A DELAWARE CORPORATION:

@MRIMUT®PngTEF=13=:BzBANK; sITRITE OF F£&]=MZ\!RTM6$Hejl

R®gRH!IE; AND C(LbTZASS SUl©gMejXIN INTEREST TQ TW REBIFa Case No. 2025-018900-CA-11 (Circuit Court of the 11th Judicial Circuit in and for Miami- Dade County, Florida)

This is an action on a mortgage on the real property located at 1500 Ocean Drive, Unit 1502, Florida. The Summons and Verified Commercial Foreclose Complaint (the “Complaint”) was served on the City on October 9, 2025.

The Complaint alleges that the City’s Notice of Priority lien for the unpaid Resort Taxes in the principal amount of $49,751.51which was filed in the public records in and for Miami- Dade County, Florida is inferior to Plaintiffs interest.

The Answer and Affirmative Defenses will be timely filed asserting that the City’s lien is superior to Plaintiffs mortgage interest.

8. BRANDON KEITH BUCKLES, D/B/A THE AGENCY, GENERAL DELIVERY, MIAMI BEACan3LBIBgj39 V. cIT mMSllaIFIIE[Za No. 2025-0197901W5 (CEr=©Hl=©!Lllrt of the llllhRjlllcBHMl I@rcuit in and for Miami-Dade County, Florida)

Pro se plaintiff Brandon Buckles has filed suit under Florida Statutes S 125.0231, which provides in relevant part that “a county or municipality may not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property, including, but not limited to, any public building or its grounds and any public right-of-way under the jurisdiction of the county or municipality, as applicable.” Plaintiff alleges that the City has failed “to provide non-discriminatory, accessible shelter options while enforcing” its anti-camping ordinance and other “exclusionary policies,” and that as a result, Plaintiff remains unsheltered. Plaintiff theorizes that the City’s enforcement action violates the foregoing statute. The Office of the City Attorney will vigorously defend this action

9. ERIC SCHULTZ V. CITY OF MIAMI BEACH. FLORIDA Case No. 1:25-CV-24762-JB (U.S. District Court for the Southern District of Florida)

The plaintiff, a Miami Beach Police Officer, alleges he has been discriminated and

retaliated against on the basis of race, color, age, and a perceived medical disability. The Office of the City Attorney, together with outside counsel Michael Elkins, will vigorously defend this matter.

10. PIX REALTY, LP V. CITY OF MIAMI BEACH. FLORIDA Case Rl©B025-o@8M;A-06 (Circuit Court ofMq1 Judicial Circuit in and for Miami- Dade County, Florida)

In its complaint for declaratory and injunctive relief, plaintiff Pix Realty LP (d/b/a M2 nightclub) asks the court to determine whether it may obtain a new occupant content sign increasing the nightclub's occupant load without going through the public-hearing process for Neighborhood Impact Establishments. The Office of the City Attorney will vigorously defend this matter.

BACKGROUND/HISTORY

ANALYSIS

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Co-sponsor(s)

Condensed Title

City Attorney's Status Report. CA

Previous Action (For City Clerk Use Only)