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Miami Herald
01-08-2025
- Politics
- Miami Herald
Court ruling against the city of Miami protects voters' rights. That's good news
City of Miami residents are fed up with backroom deals and insiders controlling our democratic process at city hall — and they are being heard with the help of the local courts. On Thursday, the Third District Court of Appeal upheld an earlier ruling by Miami-Dade Circuit Court Judge Valerie Manno Schurr declaring that the city of Miami had no legal authority to postpone its November until 2026 without voter approval. The ruling is a win for democracy and the rule of law. The appellate court ruling came following a lawsuit filed by mayoral candidate Emilio González, who sued last month after the Miami City Commission voted 3-2 to postpone the election to 2026 via an ordinance, rather than through a ballot referendum. Politicians can not change election dates or their term length without voter approval. That power rests with the people. The court's finding that the ordinance was an unlawful change to the City Charter made without the electorate's approval reinforces what we've been saying all along: Miami residents deserve better representation. We were troubled by these attempts to give term-limited politicians more time on the dais, circumventing the will of voters who enacted term limits in the first place. This moment presents an opportunity to strengthen our democracy through the proper channels: an election. The Stronger Miami amendment campaign underway now ( offers three essential reforms to strengthen our city's democracy and ensure more inclusive, accountable leadership: Align city elections with state and national elections to increase voter participation and reduce costs. Miami's current odd-year election cycle depresses turnout, creating opportunities for special interests to dominate. Moving to even-year elections will boost participation and save taxpayers money. Make commissioners more responsive and accountable to the neighborhoods they serve. Expanding the commission from five to nine commissioners will create smaller, more manageable districts, allowing residents to know and easily reach their elected representatives. Establish proper redistricting standards so that city districts serve communities, not special interests. These changes will strengthen our community and make politicians more responsive to our city's needs, not just their interests. The Stronger Miami initiative empowers voters, allowing them to have a meaningful impact on decisions that affect our everyday lives. These reforms aim to create a more accountable and accessible system that reflects our city's evolving needs. The commission's recent vote to extend the terms of existing politicians without voter approval is exactly why Stronger Miami was formed, and it speaks to the critical work we are doing to achieve community-driven reforms. Judge Manno Schurr's ruling — and the appeals court's confirmation — ensures that these vital initiatives can be considered by the voters, not buried by backroom political maneuvering. The November election must proceed as scheduled, allowing citizens to exercise their right to vote for the leaders of their choice for a mayor, city commissioner and referendum questions. Democracy works when the people's voices are heard. This significant ruling ensures it stays that way in Miami. Elena V. Carpenter is a member of the board of directors of One Grove Alliance, which has united with the ACLU Florida, Engage Miami, Florida Rising and Miami Freedom Project to create Stronger Miami, a grassroots coalition dedicated to improving democratic participation and representation in Miami.
Miami Herald
31-07-2025
- Business
- Miami Herald
With millions at stake, Sergio Pino's wife reaches key settlement in estate case
Just over a year ago, wealthy Coral Gables developer Sergio Pino fatally shot himself at his waterfront home in Cocoplum as FBI agents closed in to arrest him on charges of plotting to kill his wife, Tatiana, with whom he'd been going through a bitter divorce. The day after Pino, 67, died on July 16, 2024, his brother filed an estate case in the probate division of the Miami-Dade Circuit Court — a legal move that set the stage for a dramatic conflict over hundreds of millions of dollars in assets. The dispute has pitted Tatiana against the brother-in-law, Carlos Pino, and top executives of the late developer's company, Century Homebuilders Group. READ MORE: Miami developer Sergio Pino found dead amid FBI 'murder for hire' investigation In mid-July, Tatiana, 56, fortified her position in the estate case and dozens of related lawsuits when she reached a key settlement agreement with her two grown daughters from her marriage with Pino as well as with the two adult children from Pino's prior marriage, according to her lawyers Glen Waldman and Ray Rafool. The agreement was negotiated as six of nine defendants in the FBI's murder-for-hire probe targeting Pino pleaded guilty to conspiracy and related charges in Miami federal court. A trial is scheduled for October. The recent settlement, which is expected to be approved by Probate Judge Yvonne Colodny, says that Tatiana is entitled to full ownership of Century Homebuilders, the biggest of the couple's martial assets, with two dozen residential developments across Florida. 'It's critically important,' Waldman told the Miami Herald Wednesday. 'I'm very happy we got this done.' The settlement reinforces an operating agreement set up by Pino in 2013 when he founded Coral Gables-based Century Homebuilders and listed himself as owning half of the company and his wife the other half, the lawyers said. When he died last year, his ownership half automatically transferred to Tatiana under the terms of the agreement, they said. She is Century Homebuilder's president, according to the company's website. But just because Tatiana and Pino's four adult children stand 'united' on her full ownership of Century Homebuilders — along with the allocation of other assets listed in the settlement agreement — it doesn't mean the legal disputes between Pino's wife and several others with estate claims will be easily resolved. The reason: In the months and days before Pino killed himself, he arranged to transfer his half ownership of Century Homebuilders to a newly created trust benefiting the company's longtime chief operating officer, Pedro Hernandez, and a few other senior employees. Pino carried out this change despite a Miami-Dade judge's order in the couple's long-running divorce case that prohibited him from disposing of their marital assets. Tatiana's divorce petition, filed in 2022, was not finalized before Pino's death last summer. As a result, the curator of Pino's estate, Coral Gables accountant Philip Schechter, took the position that half of Century Homebuilders was an estate asset and potentially subject to a claim by Hernandez that he and the other employees should be allowed to receive Pino's equity in the company. At minimum, the wife should get the other half. But Waldman, Tatiana's probate lawyer, said that as the curator, Schecter is 'standing in the shoes of Pino on behalf of his four grown children.' And now that they agree with Pino's wife, Tatiana, that she should be entitled to full ownership of Century Homebuilders, Hernandez's ownership claim rings hollow. Ultimately, a resolution to the central conflict in Pino's estate case might be negotiated by a court-appointed mediator, lawyer Bruce Greer. Then, Colodny, the probate judge, would have final say. Century Homebuilders has been run by Tatiana and her two daughters almost since Pino's death. Attorney Luis Barreto, who represents Hernandez and other Century Homebuilders employees, declined to comment, noting that he's 'in the middle of settlement discussions.' Hernandez, formerly second in command at Century, is no longer working for the company. In the family's settlement, dated July 17, Tatiana's two daughters, Carolina Pino Neuman and Allesandra Pino, and Pino's two grown children from a prior marriage, Jacqueline Pino Wechsler and Sergio Alexander Pino, agreed to terms not only on her ownership of Century Homebuilders but on other major real estate assets in Miami, Doral and South Miami. Among the company's assets: 850 Living, an eight-story, multi-family project with 230 units at 811 NW 43rd Ave., was sold for $71.5 million in March. Under the settlement, Tatiana and the four children agreed that Jacqueline Pino Wechsler shall receive half of the net proceeds from the 850 Living property sale, according to a profit-sharing agreement set up by Pino a decade ago. Tatiana Pino shall receive a quarter of the proceeds, and another quarter shall go in equal parts to Pino's four grown children. Miami attorney Mark Raymond, who is advising the Pino estate's curator, Schecter, said the settlement between Tatiana and Pino's four grown children was a step in the right direction, reducing the amount of litigation and costs. 'This is a positive development,' Raymond said. 'It will expedite the administration of the estate to the benefit of all beneficiaries and creditors.' Attorney Sergio Mendez, who represents Pino's brother Carlos, who filed the estate case, did not respond to a request for comment. In addition to the family's settlement, Tatiana has filed dozens of claims against Pino's estate, including one seeking $30 million in damages based on FBI allegations that her late husband conspired to kill her toward the end of their 32-year marriage. Her claim states that Pino, a Cuban immigrant who had built a real estate empire over decades, committed 'attempted murder, battery, and intentional infliction of emotional distress by slowly poisoning Ms. Pino with fentanyl and hiring hitmen squads, who followed Ms. Pino for days, and then brandished a firearm at Ms. Pino and her daughter.' The claim, which attaches federal charging documents filed against his nine co-conspirators, states that the developer 'caused Ms. Pino to be hospitalized on various occasions and suffer serious physical injury and emotional distress.'
Miami Herald
23-07-2025
- Politics
- Miami Herald
Miami power grab: It took a judge to remind city leaders they can't cancel democracy
It took a judge to bring the Miami City Commission back to reality. The city's elected officials can't postpone an election and extend their own terms by a year, no matter how good the reason, a Miami circuit judge said this week. What a relief. For a while, Miami, known for government dysfunction, was once again making headlines for the wrong reasons. Fortunately, Miami-Dade Circuit Court Judge Valerie Manno Schurr ruled against this power grab. She said Monday that commissioners violated the Florida Constitution when they decided last month to extend their own terms a year by postponing the November 2025 election to November 2026. In a split 3-2 vote, commissioners pushed back the election to align with midterm and presidential elections, which they said would likely lower election costs and lead to higher voter turnout. Those are worthy goals but this was an audacious move. There's no way not to see it as self-serving. It would extend the terms even of those who are term-limited out of office this year, including Mayor Francis Suarez and Commissioner Joe Carollo, who voted against the measure. Moving the election to even-numbered years may be a plus for voter participation, but doing it by extending the commission's terms without voters deciding? That's the eyebrow-raising part. The ruling came in a suit filed by Miami mayoral candidate Emilio González. In the suit, he compared the commission's decision to what happens in 'regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from — [where] those in power, while in power, forced upon those voters what they think is best for elections going forward — and secured for themselves additional time in power, without a vote of the electorate. That cannot stand.' It's not as if commissioners weren't warned. Both Florida Gov. Ron DeSantis and Attorney General James Uthmeier told them not to delay the election. Commissioner Damian Pardo, who sponsored the proposal, cited worthy reasons for moving the elections. Voter participation in particular has been a problem in Miami for a long time. The city needs greater civic engagement. By moving the election to even-numbered years, when more people generally vote, Miami could see a spike in turnout. That would be great. But voters should be the ones to decide if the election should be moved. The ends do not justify the means. Coral Gables confronted a similar issue earlier this year — with a different conclusion. The commission voted 3-2 to shorten the terms of commissioners and of Mayor Vince Lago by over four months in order to move up the date of the next election from April 2027 to November 2026. There's a fundamental issue at play here: Voters should be able to trust that, when they elect their representatives, it's for the agreed-upon amount of time. Those who are elected shouldn't be able to change the length of their terms at will. In arguing that changing the election date is legal, the city of Miami is relying on three Florida statutes that allow municipalities to move an election date via ordinance. North Miami recently changed its elections to even years, and the decision was appealed but, in the end, the Third District Court of Appeal affirmed a lower court's ruling that the city had the authority to make the change. Will that hold up in Miami's case? The city has appealed the judge's ruling and asked for a decision by Aug. 8. Complicating matters, there are other issues politically linked to the election postponement, including lifetime term limits for the commission — an idea the Editorial Board supports — and the need to expand the city commission from five seats to seven or nine, which needs to be done as well. But no matter how the legal arguments settle out in this case, a judge has called commissioners' decision unconstitutional. That should pull them up short. In their purported zeal to put election participation on a better path, commissioners can't forget that they work for voters. Click here to send the letter.
Miami Herald
21-07-2025
- Politics
- Miami Herald
Judge rules that Miami election date change was unconstitutional
Miami's decision to postpone its 2025 election to 2026 without voter approval was unconstitutional, a judge has ruled. Miami-Dade Circuit Court Judge Valerie Manno Schurr on Monday issued a written opinion in a lawsuit filed by Miami mayoral candidate Emilio González. The former city manager sued the city after the Miami City Commission passed an ordinance that postponed the upcoming November 2025 election to November 2026 without voter approval, giving the current elected officials an extra year in office. González had asked the court to find the city's ordinance 'unlawful and invalid.' The city had previously indicated that it intends to appeal the decision should the judge rule in González's favor. The parties are working on a tight timeline, with both sides telling the judge at a Wednesday hearing that they need a final decision, following appeals, by Aug. 8. 'This is not just a victory for me — it is a triumph for all voters in the City of Miami and across Miami-Dade County who believe in upholding our charter and the rule of law,' González said in a statement Monday. 'We are extremely grateful to the Court for its decision in this critical case, which restores the fundamental right to vote and ensures that citizens can shape their own future,' González's attorney Alan Lawson said. '... Our client, Emilio Gonzalez, recognized the far-reaching implications of this case, and we are proud to have worked with him to uphold one of the core guarantees of our Constitution: the right to vote.' The city did not immediately respond to a request for comment. What each side is arguing In two separate 3-2 votes, the Miami City Commission approved an ordinance moving the city from odd- to even-year elections. That meant that the scheduled November 2025 election was postponed to 2026 and that the city's current elected officials would get an extra year in office — even those who are term-limited. The item's backer, Commissioner Damian Pardo, has argued that the change is a reform measure that will substantially boost voter turnout while cutting election costs. Critics, however, have called the move a 'power grab.' In his lawsuit, González likened it to actions carried out by 'regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from.' His attorneys have argued that the city violated its own charter, as well as the county charter and the Florida Constitution, by moving the election without voter approval. The city charter governs the rules for elections, and charter changes generally require voter approval. But the city has argued that passing the ordinance technically didn't change the charter — rather, it changed the city code. Assistant city attorney Eric Eves acknowledged at a hearing last week that the change puts the city charter and code in conflict with each other. The city has relied on three Florida statutes that allow municipalities to move an election date via ordinance, as well as a case in the city of North Miami, which similarly moved its elections to even years via a City Council vote and without voter approval a few years ago. That case went up to the Third District Court of Appeal, which upheld a lower court's ruling that the city acted lawfully. The Third DCA ruling did not create binding precedent, however.
Miami Herald
16-07-2025
- Politics
- Miami Herald
Will Miami's election be in 2025 or 2026? Judge promises decision ‘very quickly'
A judge will soon weigh in on whether the city of Miami had the legal authority to postpone its election to 2026 without voter approval. On Wednesday, Miami-Dade Circuit Court Judge Valerie Manno Schurr heard arguments in a lawsuit filed by Emilio González, a candidate for mayor, who filed suit after the Miami City Commission passed an ordinance that postponed the upcoming November 2025 election to November 2026 without voter approval, giving the current elected officials an extra year in office. González, a former city manager, is asking the court to find the city's ordinance 'unlawful and invalid,' effectively reverting the election date back to 2025. READ MORE: It's official — Miami cancels November election, postpones it to 2026 The parties are on a tight timeline. The original election date is in just over 100 days. Factoring in the deadlines for candidate qualifying, the parties said the entire legal process, including appeals, must be complete by Aug. 8. 'People deserve to know whether there will be an election in this year for mayor and certain City Commission seats, or next year,' assistant city attorney Eric Eves said at Wednesday's hearing. 'Everybody deserves to know and answer that question quickly.' Eves argued that Florida statute allows municipalities to move their elections from odd to even years via a City Commission vote. He leaned heavily on a case in the city of North Miami, which similarly moved its elections to even years via a City Council vote and without voter approval a few years ago. That case went up to the Third District Court of Appeal, which upheld a lower court's ruling that the city acted lawfully. Eves told the judge that the North Miami ruling 'is all the court needs to see' to make a determination in this case. 'There's no need to reinvent the wheel,' Eves said. But González's attorney countered that the city's ordinance violates not only the city charter but also the county charter and the Florida Constitution. 'The city has always had the option of putting this on the ballot, as the Dade County charter says ... and putting it up for a vote of the electorate as to whether they'd like to change the charter, to move the dates of election and change the terms of office to accomplish that,' said attorney Alan Lawson. But instead of doing that, Lawson said: 'They canceled the election when folks were already running for these offices.' Indeed, several high-profile candidates had already filed to run for office by the time the city postponed the election, including Miami-Dade County Commissioner Eileen Higgins and former City Commissioner Frank Carollo, the younger brother of current District 3 Commissioner Joe Carollo. Both Joe Carollo and Mayor Francis Suarez are termed out of office later this year but will get an additional year in office if the City Commission's decision to move the election to 2026 stands. Suarez has been a supporter of the election date change, lobbying for it behind the scenes and signing the ordinance into law the same day that the commission passed it. Carollo, on the other hand, has been a staunch opponent to the change. Earlier this week, he filed an amicus brief with the court in support of González's case. 'The one thing that separates us from every other place in the world — whether you sit on the right or the left, however you vote — is we have and live in and believe in a democracy,' Richard Diaz, an attorney for Carollo, said at Wednesday's hearing. 'And that democracy mitigates in favor of allowing the will of the people to decide such an important decision or issue, which is: Who is going to govern me for the next year if I'm a resident of the city of Miami?' The issue makes strange bedfellows of González and Carollo, who are political adversaries. González told the Miami Herald he had 'zero' involvement in Carollo's decision to file an amicus brief. At the end of Wednesday's hearing, the parties agreed to provide proposed orders to Judge Manno Schurr by Thursday. 'Time is of the essence,' Manno Schurr said. 'So you'll hear from me very quickly.' Another candidate sues Meanwhile, Denise Galvez Turros, who has filed to run to succeed Carollo in District 3, filed a lawsuit of her own this week against the city and Miami-Dade Elections Supervisor Alina Garcia. Galvez Turros argued that the city's ordinance postponing the election violated the Miami-Dade County Home Rule Charter, as well as a provision of the Florida Constitution that limits positions of elected office to four years. 'This unlawful act is not merely a procedural defect,' Galvez Turros' legal team argued. 'It is a calculated effort by a narrow majority of the Commission to entrench themselves in power, override the will of the electorate, and circumvent the very Charter provisions they are sworn to uphold. The people of Miami are entitled to choose their representatives at the ballot box; not have them imposed by ordinance.'
