HomeMy WebLinkAboutR-25-0325City of Miami
Resolution R-25-0325
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17950 Final Action Date: 7/24/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO RETAIN QUALIFIED OUTSIDE LEGAL COUNSEL ("FEE
EXPERT") TO REVIEW THE REASONABLENESS OF ATTORNEYS' FEES
AND COSTS BILLED IN THE MATTER OF STATE OF FLORIDA V. ALEX DIAZ
DE LA PORTILLA, CASE NO. F23-018478; PROVIDING THAT THE FEE
EXPERT SHALL PROVIDE A WRITTEN REPORT OF FINDINGS AND
RECOMMENDATIONS TO THE CITY COMMISSION UPON COMPLETION OF
THE REVIEW AND PRIOR TO THE SEPTEMBER 11, 2025 CITY
COMMISSION MEETING.
WHEREAS, former City of Miami ("City") Commissioner Alex Diaz de la Portilla
("Commissioner") was involved in legal proceedings related to the matter of State of Florida v.
Alex Diaz de la Portilla, Case No. F23-018478, wherein the Commissioner faced criminal
charges that were subsequently dropped pursuant to a Nolle Prosequi Memorandum dated
November 19, 2024 issued by the Broward County State Attorney's Office; and
WHEREAS, the Miami City Commission considered the following item (File ID: 17845)
on its July 24, 2025, City Commission Regular Agenda:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PAYMENT OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT NOT TO
EXCEED THE FOLLOWING: SEVEN HUNDRED FIVE THOUSAND FIFTY-FIVE
DOLLARS ($705,055.00) TO KUEHNE DAVIS LAW, P.A.; ONE HUNDRED
TWENTY ONE THOUSAND SEVEN HUNDRED TWENTY THREE DOLLARS
AND THIRTY THREE CENTS ($121,723.33) TO SUSY RIBERO-AYALA, P.A.;
EIGHTY SIX THOUSAND AND NINETY-SEVEN DOLLARS AND FIFTY CENTS
($86,097.50) TO GUNSTER; NINETY EIGHT THOUSAND FIVE HUNDRED
AND THIRTY FIVE DOLLARS ($98,535.00) TO RICHARD DIAZ P.A.; TWO
HUNDRED EIGHT THOUSAND DOLLARS ($208,000.00) TO COLLAZO LAW
FIRM, P.A.; ONE HUNDRED NINE THOUSAND NINE HUNDRED AND
TWENTY-SIX DOLLARS AND EIGHTY ONE CENTS($109,926.81) FOR COSTS
AS REIMBURSEMENT FOR LEGAL FEES AND COSTS IN THE CASE OF THE
STATE OF FLORIDA v. ALEX DIAZ DE LA PORTILLA, ET. AL., CASE NO. F23-
018478; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545014.0000.00000
(hereinafter, "File ID: 17845"); and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself/herself against litigation arising out
of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So.
2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So.
2d 1260 (Fla. 1st DCA 2007); and
City of Miami Page 1 of 2 File ID: 17950 (Revision:) Printed On: 8/7/2025
File ID: 17950 Enactment Number: R-25-0325
WHEREAS, as fiscal stewards of public funds, the City Commission wishes to review the
reasonableness and appropriateness of the attorneys' fees and costs incurred in connection
with the City's involvement in said matter; and
WHEREAS, the City Commission finds it in the public interest to ensure transparency
and fiscal responsibility in the expenditure of public funds for legal services; and
WHEREAS, the City Commission desires an independent review of the legal fees and
costs billed to the City in connection with the aforementioned matter; and
WHEREAS, the City Commission deferred consideration of File ID: 17845 until its
September 11, 2025 City Commission meeting to provide ample time for the independent
review of the legal fees; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby directed to retain qualified outside legal counsel
("Fee Expert") to conduct a thorough and independent review of the reasonableness of
attorneys' fees and costs billed in connection with the matter of State of Florida v. Alex Diaz de
la Portilla.
Section 3. The Fee Expert shall provide a written report of findings and
recommendations to the City Commission upon completion of their review and prior to the
September 11, 2025 City Commission Meeting.
Section 4. This resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyy ng II , C y ttor -y 8/5/2025
City of Miami Page 2 of 2 File ID: 17950 (Revision:) Printed on: 8/7/2025