Ord No 27-24-2512ORDINANCE NO. 27-24-2512
AN ORDINANCE OF THE MA YOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDlNG ARTICLE II "DEFINITIONS,"
ARTICLE III "ZONING REGULATIONS," AND ARTICLE
IV "OTHER REGULATIONS," OF THE LAND
DEVELOPMENT CODE TO ESTABLISH REGULATIONS
RELATED TO RESIDENTIAL SINGLE-FAMILY
DRIVEWAYS; PROVrDlNG FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Cons tituti o n, and C hapter 16 6, Florida
Statutes, provides municip a litie s with the authority to exerc ise any powe r for municipal purpo ses,
except where prohibited by law , and to adopt ordinances in furtherance of s uch authority ; and
WHEREAS, the C it y Comm iss io n of the City of South Miami ("City") finds it
periodically necessa ry to ame nd its Land Development Code (the "LDC ") to update regulations
and procedures to maintain consistency w ith state la w, impl eme nt municipal goals and objectives,
clarify re g ulation s, and address specific iss ues and needs that may arise; and
WHEREAS, the City Com mi ss io n adopted Ordina nce No, 33-23-2484 regu latin g home
garages on December 19 ,2024, but did not addres s re s id e ntial s in g le-fa mil y driveways ; and
WHEREAS, the LDC do es not spec ific a ll y address design guidelines for residential
s in gle-family driveways; and
WHEREAS, on July 2 ,2024 , th e C it y Commiss ion discussed estab li s hing regu lation s for
residential driveways and directed C ity s taff and the C ity Attorney to prepare this ordinance; and
WHEREAS, the C ity Commission desires to establish regulations related to re s id e ntial
si ngl e-fam ily driveways; and
WHEREAS, the C ity Com mi ss ion finds it in th e best interest of the C ity and its residents
to estab li s h regulations that provide minimum standards and design g uid e lin es in order to preserve
neig hborhood compatibility, e nhan ce cu rb appeal , and enhance the pedestrian experi enc e and
safety; and
WHEREAS, on September 10 ,2024, the Plmmin g Board , s itting in it s capacity as the
Local Planning Agency, reviewed thi s ordina nce and voted to recommend approval to the C ity
Com mi ss ion ; and
WHEREAS, o n October 15 , 2024, the City Com mi ss ion approved the ordinance on first
reading; an d
Page I of5
Ord . No . 27-24-2512
WHEREAS, on Decemb e r 10 ,2024, the City Commi ss ion conducted a duly noticed public
hearing as required by law and approved the ordinance on seco nd reading ; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMM1SSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: 1
Section I. Recitals. The above-stated recital s a re true and correct and are incorporated
herein by this reference.
Sectio n 2. Amending Article II "Definitions," Article III "Zoning Regulations,"
and Article IV "Other Regulations," of the LDC. Article 1I "D efi nition s," Article III "Zoning
Regulations," and Article IV "Other Regulations," of th e LCD, are hereb y amended to read as
follows:
ARTICLE II. -DEFINITIONS
***
Section 20 -2 .3 -Definitions.
***
Driveway, Residential. Shall mea n a private. all-weather, surfac ed pathway that provides vehicular
access from a public street or alley to a res idence. It is typically constructed us ing durable material s
such as asphalt, concrete, or paving sto ne s, and mu st have a minimum width of 9 feet to
accommodate parking of vehicles. I-l eavy, loo se material s s uch as gravel s hall be bordered and
contained within a 6"-wide 0@1l0r0'0 curb. Mulch, or any other particulate s ub sta nce s that are
prone to di sp lacem ent a nd scatter ing are not considered s uitabl e for driveway co nstruction. The
driveway is int ended for th e excl us ive use of the property's re s id ents and their guests.
***
Home Carage. Any attached or detached structure, or portion thereof, whether open or enclosed,
which is used to park one or more vehicles in assoc iation with a s ingl e -family dwe lling. A home
garage or carport s hall b e accessed by a res id ential driveway (see sect ion 20-4.4 (C)(2).
Carage, s torage. Shall me a n a building, or portion s thereof, designed or us ed exclusively for
term sto rage of motor-driven ve hicl es, as distinguished from daily sto rag e, and at which motor
fue ls and oils are not so ld and motor-dri ve n vehicles are not eq uipped , repaired , hired or so ld.
All residential garages and carports s hall be accessed by a re s idential driveway (see section 20-
4.4 CC)(2).
***
ARTICLE m. -ZONING REGULATIONS
**.
! Coding: ~r8tlgh wards arc d e le tion s to th e ex is ting words. Und e rlin ed words are addition s to the existing
words. C han ges between fir st and seco nd reading arc indicated with d@t'igl ~let~thmug-h and I !.blu!lldN1 in~ and
arc hi g hli g ht ed in grey . Modifications made at second reading a re shad ed in (lark gfC)'j.
Page 2 ors
Ord. No. 27-24-2512
1 Section 20-3.3 Permitted Use Schedule
2
3
4
5
6
7
8
P
S
COND
PARK Off-Street Parking Reguirement
X
USE ZONING DISTRICT
TYPE
R R R R R R R L
S S S S S T T R
1 2 3 4 5 6 9 M
1
8
=
=
=
=
=
R R L
M 0 0
2
4
***
SECTION 20-3.3(0)
PERMITTED USE SCHEDULE
M N S G M
0 R R R U
A
H
***
Page 3 of5
PERMITTED 8Y RIGHT
PERMITTED AS SPECIAL USE
SPECIAL USE CONDITIONS (See Section
20-3.4)
OFF-STREET PARKING REQUIREMENTS
(See Section 20-4.4(8) and as modified by
Article VIII to TSDD parking)
No conditions were adopted
T T T T T T H P R P D C P.
S S S S S S I R S 0 A
D D D D D D N R
D D D D D D D K
M M M M P P Off-Street
U U U U I R Parking
4 5 6 M Reguirement
Ord. No. 27-24-2512
ARTICLE IV. -OTHER REGULATIONS
***
20-4.4 Off-street parking requirements.
***
(B) Space Requirements. The minimum number of off-street parking spaces required for each
permitted or special use listed in Section 20-3.3D is as set forth in the numbered categories
below, which categories are cross-referenced in Section 20-3.3D. When calculating the
number of spaces required, if the result includes a fractional space, the calculation must be
rounded up to the next highest whole number.
(l) Two (2) spaces per dwelling unit except on properties in the RS-4 and RS-5 districts
with less than fifty (50) feet of frontage, where one (1) space per dwelling unit must be
provided. Such spacers) may be provided in a residential driveway or within a home
garage.
***
(C) Dimensional Design Standards.
ill Standard non-handicapped parking spaces. All required off-street parking spaces shall be
a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of access
ways.
ill Residential. A new driveway shall be permitted by right and may be constructed in the
front or side yard setback in single-family residential districts, provided the driveway
meets the following requirements:
(a) Comer lots will be limited to one curb cut per frontage of sixty (60) feet or less. Where
a comer lot has a frontage greater than sixty (60) feet in length, up to two curb cuts will
be permitted on said frontage. In no event will a comer lot be permitted more than three
(3) curb cuts. Interior lots with sixty (60) feet or less of frontage will be limited to one
curb cut. Interior lots with sixty (60) feet or more of frontage will be limited to two (2)
curb cuts:
(b) Curb cuts shall be a minimum of nine (9) feet in width and no greater than twenty-two
(22) feet wide, and may remain as is when the existing driveway undergoes a material
change (resurface);
(c) Shall be located at least five (5) feet from the front property line and from any side
property line, except where the driveway meets the approach, in which case no setback
requirement shall apply:
(d) Shall not exceed thirty-five (35) percent of the area of the front or side yard(s) where
the driveway is located, provided however driveways that are resurfaced with approved
materials identified in subparagraph (e) may retain their existing legal or legal
nonconforming area;
(e) Shall be constructed of concrete, Grasscrete, concrete pavers, Turkish travertine pavers,
porphyry stone, or Chicago brick, encapsulated gravel, or any material approved by the
Development Services Director. Materials such as loose gravel shall be contained within
Page 4 of 5
Ord. No. 27-24-2512
a 6" wide @€lB@f@t@ curb ofcol1crete or alternatiye material approved by the Development
Services Director. Mulch. or any other particulate s ubstances that are prone to
displacement and scatteri ng are not considered s uitab le for driveway construction:
(f) Shall be designed aro und ex isting trees whenever po ss ibl e and as per Sections 20-
4.5(F)(4) and 20-4.5.1(0):
(h) Shall not cause the lot or yard to excee d the allowable imp e rv iou s coverage. as pe r
Sections 20 -3 .5(E) and (I-I). as applicable.
***
Section 3. Corrections. Co nformin g lan g uag e or technical sc rivener-type corrections
ma y b e mad e b y the C ity Attorney for any co nformin g amendments to be incorporated into the
final ordinance for s ig nature .
Section 4. Severability. I f a n y sec ti o n, clau se, se ntence , or phrase of this ordinance is
for any reaso n he ld in va lid or unc o n stitutional by a court of competent jurisd iction , the holding
s hall not affect the va lidity of the remaining portion s of thi s ordinance.
Section 5. Conflicts. That a ll ordinances or parts of ordinances , resolutions or parts
of reso lutions , in co nflict he rew ith , are rep ea led to the extent of s uch conflict.
Section 6. Implementation. That the C it y Manager and C ity Attorney are authorized
to take any and all actions necessary to impl e m e nt this ordinance .
Section 7.
adoption.
Effective Date. Thi s ordinance sha ll become effective immediately upon
PASSED on fir s t reading on the 15 th day of October, 2024 .
PASSED AND ADOPTED on seco nd reading on th e loth day of December, 2024 .
ATTEST:
CITY~~
READ AND APPROVED AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECUTION T EOF
W SEROTA H ELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
M
ISS ION VOTE:
Mayor Fernandez:
Vice Mayor Corey:
Co mmi ssio ne r Ca lle:
5-0
Yea
Yea
Yea
Co mmi ss ion e r Bonich: Yea
Co mmi ss ion e r Rodriguez: Yea
Page 5 o f 5
Agenda Item No:17.
City Commission Agenda Item Report
Meeting Date: December 10, 2024
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE
RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE II “DEFINITIONS,” ARTICLE III “ZONING REGULATIONS,” AND ARTICLE IV “OTHER
REGULATIONS,” OF THE LAND DEVELOPMENT CODE TO ESTABLISH REGULATIONS RELATED TO
RESIDENTIAL SINGLE-FAMILY DRIVEWAYS; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ)
Suggested Action:
Attachments:
49S7248-Memo_Re_Residential_Driveway_Ordiannce_11-04-24.docx
49W7654-Ordinance_Re_Residential_Driveways_For_Second_Reading.DOCX
49S7257-BIE-Driveway1.pdf
Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:December 10, 2024
SUBJECT:Ordinance amending Article II “definitions,” article III “zoning regulations,” and
article IV “other regulations,” of the land development code to establish
regulations related to residential single-family driveways.
RECOMMENDATION:Approval the proposed ordinance regulating residential single-
family driveways to provide minimum standards and design
guidelines.
BACKGROUND:On December 19, 2023, the City Commission adopted Ordinance
#33-23-2484 regulating home garages but did not address
residential single-family driveways. The City Commission later held
a discussion on July 2, 2024, where they discussed establishing
regulations for residential driveways and directed City staff and the
City Attorney to prepare legislation pertaining to residential single-
family driveways. Currently, the Land Development Code (“LDC”)
does not specifically address design guidelines for residential
driveways and the City Commission desires to establish such
guidelines because it is in the best interest of the City and its
residents. That said, the proposed legislation is intended to
preserve neighborhood compatibility, enhance curb appeal, and
enhance the pedestrian experience.
ANALYSIS:Currently, the Land Development Code (“LDC”) does not
specifically address design guidelines for residential driveways. It is
the desire of the City Commission to establish regulations related
to residential single-family driveways. That said, the proposed
amendments to LDC Sections 20-2.3, 20-3.3, and 20-4.4 shall
provide minimum standards and design guidelines for residential
single-family driveways.
The proposed modifications to the LDC are contained in the
attached Draft Ordinance and have also been outlined below.
2
Please note that Strikethrough words are deletions to the existing
words. Underlined words are additions to the existing words.
ARTICLE II. – DEFINITIONS
***
Section 20-2.3 - Definitions.
***
Driveway, Residential. Shall mean a private, all-weather, surfaced pathway that provides
vehicular access from a public street or alley to a residence. It is typically constructed using
durable materials such as asphalt, concrete, or paving stones, and must have a minimum width
of 9 feet to accommodate parking of vehicles. Heavy, loose materials such as gravel shall be
bordered and contained within a 6”-wide concrete curb. Mulch, or any other particulate
substances that are prone to displacement and scattering are not considered suitable for
driveway construction. The driveway is intended for the exclusive use of the property's residents
and their guests.
***
Home Garage. Any attached or detached structure, or portion thereof, whether open or
enclosed, which is used to park one or more vehicles in association with a single-family
dwelling. A home garage or carport shall be accessed by a residential driveway (see section 20-
4.4 (C)(2).
Garage, storage. Shall mean a building, or portions thereof, designed or used exclusively for
term storage of motor-driven vehicles, as distinguished from daily storage, and at which motor
fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
All residential garages and carports shall be accessed by a residential driveway (see section 20-
4.4 (C)(2).
***
ARTICLE III. – ZONING REGULATIONS
***
3
Page 3 of 5
Section 20-3.3 Permitted Use Schedule
***
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
P = PERMITTED BY RIGHT
S = PERMITTED AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (See Section
20-3.4)
PARK Off-Street Parking Requirement = OFF-STREET PARKING REQUIREMENTS
(See Section 20-4.4(B) and as modified by
Article VIII to TSDD parking)
X = No conditions were adopted
USE
TYPE
ZONING DISTRICT
R
S
1
R
S
2
R
S
3
R
S
4
R
S
5
R
T
6
R
T
9
L
R
M
1
8
R
M
2
4
R
O
L
O
M
O
N
R
S
R
G
R
M
U
A
H
T
S
D
D
M
U
4
T
S
D
D
M
U
5
T
S
D
D
M
U
6
T
S
D
D
M
U
M
T
S
D
D
P
I
T
S
D
D
P
R
H P
I
R P
R
D
S
C
O
N
D
P
A
R
K
Off-Street
Parking
Requirement
***
4
Page 4 of 5
ARTICLE IV. – OTHER REGULATIONS
***
20-4.4 Off-street parking requirements.
***
(B)Space Requirements.The minimum number of off-street parking spaces required for each
permitted or special use listed in Section 20-3.3D is as set forth in the numbered
categories below, which categories are cross-referenced in Section 20-3.3D. When
calculating the number of spaces required, if the result includes a fractional space, the
calculation must be rounded up to the next highest whole number.
(1) Two (2) spaces per dwelling unit except on properties in the RS-4 and RS-5 districts
with less than fifty (50) feet of frontage, where one (1) space per dwelling unit must
be provided. Such space(s) may be provided in a residential driveway or within a
home garage.
***
(C)Dimensional Design Standards.
(1) Standard non-handicapped parking spaces. All required off-street parking spaces shall
be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of
access ways.
(2) Residential. A new driveway shall be permitted by right and may be constructed in the
front or side yard setback in single-family residential districts, provided the driveway
meets the following requirements:
(a) Corner lots will be limited to one curb cut per frontage of sixty (60) feet or less. Where
a corner lot has a frontage greater than sixty (60) feet in length, up to two curb cuts
will be permitted on said frontage. In no event will a corner lot be permitted more
than three (3) curb cuts. Interior lots with sixty (60) feet or less of frontage will be
limited to one curb cut. Interior lots with sixty (60) feet or more of frontage will be
limited to two (2) curb cuts;
(b) Curb cuts shall be a minimum of nine (9) feet in width and no greater than twenty-two
(22) feet wide, and may remain as is when the existing driveway undergoes a material
change (resurface);
(c) Shall be located at least five (5) feet from the front property line and from any side
property line, except where the driveway meets the approach, in which case no
setback requirement shall apply;
(d) Shall not exceed thirty-five (35) percent of the area of the front or side yard(s) where
the driveway is located, provided however driveways that are resurfaced with
5
Page 5 of 5
approved materials identified in subparagraph (e) may retain their existing legal or
legal nonconforming area;
(e) Shall be constructed of concrete, Grasscrete, concrete pavers, Turkish travertine
pavers, porphyry stone, or Chicago brick, encapsulated gravel, or any material
approved by the Development Services Director. Materials such as loose gravel shall
be contained within a 6” wide concrete curb of concrete or alternative material
approved by the Development Services Director. Mulch, or any other particulate
substances that are prone to displacement and scattering are not considered suitable
for driveway construction;
(f) Shall be designed around existing trees whenever possible and as per Sections 20-
4.5(F)(4) and 20-4.5.1(O);
(h) Shall not cause the lot or yard to exceed the allowable impervious coverage, as per
Sections 20-3.5(E) and (H), as applicable.
***
PREVIOUS ACTION:On August 13, 2024, the Planning Board recommended deferral.
On September 10, 2024, the Planning Board (PB) held a Public
Hearing on the item and voted 6 to 0 to unanimously recommend
approval of the proposed legislation.
On October 1, 2024, the City Commission deferred this item.
On October 15, 2024, the City Commission approved this item on
first reading.
On November 4, 2024, The City Commission deferred this item.
ATTACHMENT(S):Ordinance
6
BUSINESS IMPACT ESTIMATE 1
Title of Proposed Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE II “DEFINITIONS,” ARTICLE III “ZONING REGULATIONS,” AND ARTICLE IV “OTHER
REGULATIONS,” OF THE LAND DEVELOPMENT CODE TO ESTABLISH REGULATIONS RELATED TO
RESIDENTIAL SINGLE-FAMILY DRIVEWAYS; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance would amend the City’s code Section 20-2.3 – Definitions, Section 20-3.3
Permitted Use Schedule, and 20-4.4 Off-street parking requirements
The proposed ordinance furthers public health, safety, and welfare by establishing regulations that
provide minimum standards and design guidelines in order to preserve neighborhood compatibility,
enhance curb appeal, and enhance the pedestrian experience and safety .
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The proposed ordinance does not require businesses to take on additional costs.
b. New Charges/Fees on Businesses Impacted:
The proposed ordinance does not impose a new fee or charge for which businesses will be
financially responsible.
c. Estimate of Regulatory Costs:
The proposed ordinance changes present no foreseeable or anticipated cost in regulatory expenses.
Good Faith Estimate of Number of Businesses Likely Impacted:
The estimated number of businesses likely to be impacted by the ordinance is estimated to be none
Any Additional Information:
Applicable Exemptions2:
1 This Business Impact Estimate is provided to comply with the requirements of Section 166.041(4), Florida
Statutes. Please note that this Business Impact Estimate may be revised following its initial posting as new
information or feedback becomes available.
2 If one or more boxes are checked under this section, it indicates that the City has determined that a
business impact estimate is not required by state law for the proposed ordinance, but the City is providing
the business impact estimate as a courtesy.
Meeting Date: October 15, 2024 Agenda Item No. S.1
12
This Business Impact Estimate is not required for ordinances that fall under the following exemptions:
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation.
☐ The proposed ordinance relates to the issuance or refinancing of debt.
☐ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget.
☐ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant, or other financial assistance
accepted by the municipal government.
☐ The proposed ordinance is an emergency ordinance.
☐ The proposed ordinance relates to procurement.
☐ The proposed ordinance is enacted to implement the following:
☐ Development orders and development permits, as those terms are defined in s.
163.3164, and development agreements, as authorized by the Florida Local
Government Development Agreement Act under ss. 163.3220-163.3243;
☐ Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the
municipality;
☐ Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
☐ Section 553.73, Florida Statutes, relating to the Florida Building Code; or
☐ Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code
Posted on City’s Website:
Date of Posting:
13
4A .............................................................................................MIAMI HERALD FRIDAY NOVEMBER 29 2024
places at the same time.
Delcy said Wednesday
that the two months and 14
days that Gauthier and the
others spent under arrest
shows that “Haiti is a coun-
try with a lot of injustice,
where the people who know
the law,studied the law,
decided to deliberately
violate the law and the
rights of four people in this
country.”
From the outset,the
police and the judiciary
could have simply verified
that the day Colo was killed
Gauthier “was in Antony
Blinken’s motorcade,with a
lot of other policemen,”
Delcy said.
He accused several offi-
cials,including the police
director,the police inspec-
tor general,the government
prosecutor and former
justice minister,of being
complicit in having Gauth-
ier arrested.Gauthier was
arrested after the U.S.Em-
bassy was alerted about the
blatant killing not far from
its premises.Embassy offi-
cials responded by telling
the Haitian police force to
do its job.
Instead,Delcy said au-
thorities arrested his client
in an attempt to frame him
for what investigators say
was a police operation.
They “held the commis-
sioner in prison on the
pretext that the U.S.Em-
bassy and the Department
of State gave orders to hold
the commissioner in pri-
son,”Delcy said,echoing
comments that were repeat-
edly heard from Haitian
officials when commenting
about the case.
Salomon,the investiga-
tive judge,gave his recom-
mendation to free Gauthier
and the others a week ago.
But Croix-des-Bouquets
prosecutor Carl Giovanni
Aubourg,who had the men
jailed,dragged the process
out,forcing a visit from a
human-rights defender
followed by several phone
calls.
“Today he is free and ...
is waiting to go back to
work to continue to protect
and serve the population
just how he has been doing
for more than 25 years,”
Delcy said of Gauthier,who
is among several cops who
had their homes taken over
by armed gangs.
This is not the first high-
profile case involving al-
leged extrajudicial police
killings.Last week,the
French medical charity
Médecins Sans Frontières,
also known as Doctors
Without Borders,suspend-
ed operations in the capital,
citing police threats and
attacks after an alleged
execution of two of its pa-
tients by police and a vigi-
lante group.Neither the
police nor the government
has made any public state-
ments about the allega-
tions.
The investigation into
Colo’s killing has raised
serious concerns about how
the police force,under new
command as it tries to fight
a new wave of gang vio-
lence,investigates and
treats its own officers and
carries out investigations.It
has also raised questions
about corruption in the
judiciary and a possible
police cover-up,with sup-
porters of Gauthier insisting
he was the target of person-
al vendettas.
“Justice has triumphed
over arbitrariness.The
arrest was badly done and
there was abuse,”said
Pierre Esperance,executive
director of the National
Human Rights Defense
Network in Port-au-Prince.
“These types of things
cannot continue.If the first
response is to arrest and
humiliate police officers,
especially those involved in
the fight against gangs ...,it
will discourage police offi-
cers.”
The case attracted the
attention of Tabarre resi-
dents,who protested
Gauthier’s arrest,and hu-
man-rights groups con-
cerned about abuse within
the Haiti National Police.
Marie Yolene Gilles,an
activist who follows police
issues closely,paid a visit to
the Canape-Vert prison,
where she met with Gauth-
ier and other jailed police
officers.Esperance,mean-
while,assigned one of his
staff to stay on top of
Gauthier’s case,including
tracking down the prose-
cutor on Tuesday and
Wednesday to sign court
documents after the release
was ordered.
If not for this assistance,
Esperance said,“Gauthier
and the others would still
be in prison.”
Gauthier’s release does
not end the case.However,
when an investigative judge
orders a prisoner released,
it often signals that the
judge will eventually decide
not to bring charges be-
cause the evidence gath-
ered during the judge’s
inquiry did not meet the
burden of proof.
Several sources told the
Herald that Colo,who was
known as Bouki,was the
subject of a year-long police
investigation due to his
involvement in drug traf-
ficking and his ties to Vitel-
’homme Innocent,the
powerful gang leader who is
the subject of a $2 million
FBI bounty.
Police investigators made
no mention of the alleged
connection in their 16-page
investigative report,which
was obtained by the Herald.
They say four armed,hood-
ed individuals,dressed in
black,shot Colo in the head
and injured a woman near-
by after jumping out of a
green Isuzu pick-up truck
bearing the inscription
“POLICE”in yellow.
The operation,they said,
was an extrajudicial police
killing,and claimed the
truck belonged to Gauthier.
Jacqueline Charles:
305-376-2616,
@jacquiecharles
FROM PAGE 1A
HAITI
JOSE A.IGLESIAS jiglesias@miamiherald.com,file
Livenston Gauthier,left,speaks to Roger Lamartinière,the
then-head of the Croix-des-Bouquets police station.
Gauthier was jailed for more than two months.‘Today he is
free and ...is waiting to go back to work to continue to
protect and serve the population just how he has been
doing for more than 25 years,’his lawyer said.
‘‘JUSTICE HAS TRIUMPHED OVER
ARBITRARINESS.THE ARREST WAS
BADLY DONE AND THERE WAS ABUSE.
P ierre Esperance,executive director of the National
Human Rights Defense Network in Port-au-Prince
contempt and go to jail?I
asked you a f---ing ques-
tion,a--hole,”Culver
said.The commission
found that Culver also
failed to allow Newton his
right to be heard.
The commission found
that in each case Culver
violated aspects of Flor-
ida’s judicial canon in-
cluding:He did not es-
tablish,maintain and en-
force the highest standards
of conduct;he did not
promote judicial confi-
dence in the integrity and
impartiality of the judi-
ciary;and he was not faith-
ful to the law,patient,
dignified and courteous.”
The Supreme Court
agreed he violated the
canons and that Culver’s
conduct toward Newton
was so unacceptable and
damaging to public opin-
ion that he could have
been a candidate for re-
moval from the bench.
However,the commission
said it had received “over-
whelming”mitigating
evidence.
Several figures from the
18th Circuit Court testified
to Culver’s character.They
included State Attorney
Phil Archer,Chief Judge
Charles Crawford,ex-Chief
Judge Jessica Recksiedler
and Seminole County chief
assistant public defender
James Dowdy.
Culver told the commis-
sion his behavior arose
from the stress of being his
ailing father’s primary
caregiver.He has been
seeing a psychologist since
April 2022 and has taken
an anger-management
course.
He has apologized to
other judges on the 18th
Circuit for his conduct
and any potential embar-
rassment to the judiciary
and told the commission
even he was shocked by
his profanity.He ac-
knowledged that mem-
bers of the public were
rightly appalled,accord-
ing to records from both
the commission and the
Supreme Court.
FROM PAGE 3A
JUDGE
2015 alleging it was trying
to coerce Florida into
expanding Medicaid.
The Tampa-based at-
torney is now Trump’s
pick to serve as U.S.at-
torney general after his
first choice,Matt Gaetz,
removed himself from
contention.
The repeal of the Affor-
dable Care Act or the end
of subsidies would likely
hit many Floridians hard,
Darius said.
The insurance plans
protect the state’s resi-
dents from medical debt
and the program’s infra-
structure,with federal
money paying for naviga-
tors who help residents
find the best plan,tries to
steer people away from
enrolling in overly expen-
sive plans that won’t
cover their needs.
“The argument we’ve
been hearing is how ex-
pensive everything is,”he
said.“The last thing we
want to do is pour gasoline
on that particular fire.”
An increase in the
state’s uninsured level
would further strain the
resources of hospitals in
Florida’s rural areas and
put their viability at risk,
Darius said.Those hospi-
tals already operate on
virtually no profit,in part,
because Florida remains
one of 10 states not to
expand access to Med-
icaid to more low-income
residents.
Three rural hospitals —
Shands Regional Medical
Center Live Oak,Shands
Regional Medical Center
Starke and Shands Lake
Shore Regional Medical
Center in Lake City —
have closed since 2020.
FROM PAGE 3A
HEALTH
14