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Special master halves fines in convenience-store gambling-case; issues deadlines, fines across dozens of code cases

August 08, 2025 | Homestead City, Miami-Dade County, Florida


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Special master halves fines in convenience-store gambling-case; issues deadlines, fines across dozens of code cases
Special Master Karen Jenkin on Aug. 7 reduced civil fines by half for a Homestead convenience store that faced eight citations for operating without an appropriate business license and having gaming-style machines on the premises, and she issued a series of compliance deadlines and fines in scores of separate code-enforcement matters.

The reduction came after the store's attorney, Michael A., told the special master his client had appealed earlier orders to circuit court and asked for mitigation to avoid the cost of prolonged litigation. Michael A. said the eight orders carried fines assessed per machine and that the total had grown because of interest and administrative costs. "We're asking for a reduction of the fines that were assessed. We're not seeking to relitigate the responsibility, obviously," Michael A. said.

The special master reviewed the file and the current balance the city had calculated — which included hard costs and administrative fees — and ordered a 50% reduction. "I do find a violation of City of Homestead for all these 8 cases here... I have gone ahead and reduced 50% of the cost, leaving at 8,500," Jenkin said, reading her ruling and listing the related case numbers.

Why it matters: The decision reduces a near‑term cash burden for the business and signals how the special master will weigh remedial steps, prior history and administrative costs when multiple citations arise from a single underlying activity. The attorney said the orders remain on appeal in circuit court and that settling with the reduced total would be coordinated with appellate counsel.

Votes at a glance (selected outcomes from the Aug. 7 special‑master hearing)

- CE24040036, CE24040037, CE24040038, CE24040039, CE24040041, CE24040042, CE24040043, CE24040048 — Finding of violation; fines reduced 50% to a consolidated balance of $8,500; special master ordered coordination with appellate counsel (appeal to circuit court is pending). (Ruling read into record by Special Master Karen Jenkin.)

- CE25060357 (Jack/YACInvestments Inc.) — Finding of violation for improper bulk trash disposal; fine reduced from $500 to $200 plus an $80 administration fee; compliance condition noted.

- CE25060337 (Swank General Contractors Inc.) — Contractor working without a permit; citation of $500 remained due and the special master directed the $500 be paid plus an administration fee for today.

- CE25040169 (Maguia Johnson LLC) — Citation for accumulation of garbage corrected by city abatement; $1,000 fine deferred to owner, $80 administration fee recorded.

- CE25060272 (Fannie Starr Turner Estates Homeowners Association) — Certification of noncompliance after prior order; special master ratified the prior adjudication and imposed a daily fine of $250 per day (effective 2025-08-03) and recorded an $80 administration fee; city indicated it will proceed with abatement under the chronic‑violation provisions.

- CE25060333 (Don/ Dawn Alvarez) — Minimum‑housing violations (missing plumbing fixtures) and related issues; special master found a violation and gave 90 days to comply, with an $80 administration fee.

- CE25070280 (Reed Homestead 50 LLC) — Minimum‑housing interior repairs after reported sewage/mold; special master initially set 3 days but, after complainant testimony, ordered a 1‑day reinspection and directed the code officer to take follow‑up photos; $80 administration fee assessed.

- CE25060056 (Stacy Arcey) — Nonpermitted work (enclosure/shed); after discussion about prior permits for the property and a review of older records, special master extended time to 90 days to allow research and permit processing; no administration fee charged today.

- Multiple nonpermitted-work and 40‑year recertification matters (sample outcomes)
- CE25050192 (Giovanni Juarez) — 30 days to comply; $80 administration fee.
- CE25040350 (Michael Sherrod) — 30 days to comply; $80 administration fee.
- CE25050181 (CBD2 Properties Inc.) — 60 days to comply; $80 administration fee.
- CE25050399 (Antonio Calvo Gonzalez / Marla Ingres) — 30 days to comply; $80 administration fee.
- CE25050325 (Annabelle Sands) — 60 days to comply; $80 administration fee.
- CE25050400 (Andrea de los Angeles Alfaro) — 60 days to comply; $80 administration fee.
- CE25050127 (Ramirez) — 90 days to comply; $80 administration fee.
- CE25050089, CE25050090, CE25050079 (various owners / 40‑year recertification matters) — generally 90 days to comply; administrative fees recorded.

- Illegal‑dumping and bulk‑trash citations where city abated or bulk cleared (sample outcomes)
- CE25060457 (Madeline Caballero Moya) — $1,000 fine, $80 administration fee.
- CE25060484 (Genesis Land Holdings LLC) — $1,000 fine, $80 administration fee.
- CE25070063 (RPG of Homestead) — $1,000 fine, $80 administration fee.
- CE25070075 (Richard H. Colon) — $1,000 fine, $80 administration fee.
- CE25060265 (Asia Wilson) — $500 fine, $80 administration fee (property was cleaned by city).
- CE25060118 (Milos Filipovic) — Tree dumped at rear/illegal dumping; special master found a violation and imposed a $1,000 fine and $80 administration fee (city abated the bulk).

- Several overgrown‑landscape, vegetation‑obstruction and public‑nuisance matters (sample outcomes)
- CE25060216 (Yvette Hernandez), CE25060195 (Miguel Rodriguez), CE25070037 (The Garden HOA), CE25070148 (Legacy Promenade South LLC), CE25060418 (TPG entity) — ranged from one‑week compliance orders to $80 administration fees; the special master consistently set short deadlines where the code officer reported partial or pending compliance.

What the special master emphasized

Jenkin repeatedly distinguished between discussion/efforts to cure violations (permit filings, contractor engagement, remediation work) and formal noncompliance that triggers fines or further city abatement. In several matters, she granted short, specific windows — commonly 7, 30, 60 or 90 days — for owners to secure permits, finalize remediation or provide final evidence of repairs; administration fees (commonly $80) were recorded in many rulings.

Several respondents told the magistrate they had filed permits or engaged contractors and asked for additional time; code officers and complainants often testified about inspection photographs, remediation invoices or the timing of work. In one housing/health case the complainant described repeated sewage leaks and mold remediation; the special master directed immediate reinspection and documentary follow up.

Process notes and next steps

- Where appeals are pending (the convenience‑store matter was appealed to circuit court), the parties indicated they would coordinate dismissal or settlement with appellate counsel if they accept the mitigation.
- The city attorney confirmed the city may use chronic‑violation procedures (including abatement) when prior orders remain uncorrected; the Fannie Starr Turner Estates matter was identified as subject to city abatement after the special master ratified the prior adjudication and set a daily accrual.

Ending

The hearing lasted through multiple docket items. Parties that were present were directed to remain until they received paperwork documenting the special master’s rulings. Several property owners were given additional time to obtain permits or documentation; other cases resulted in fines or continued administrative enforcement. The special master adjourned the docket at 5:00 p.m.

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