News	April 17, 08

Miami

Almost Out

Residents could see settlement payouts as early as May

By Angie Hargot

Miami taxpayers who were ripped off in the city’s still-smoldering fire fee scandal will finally get their settlements after the Miami City Commission agreed to combine court proceedings for two settlements.

The imbroglio began when the Florida Supreme Court ruled in 2002 that fire rescue fees that the city of Miami charged to roughly 156,000 taxpayers were illegal because they were in the form of property taxes. In a 2004 class action lawsuit, attorney Hank Adorno brokered a deal that would have granted $7 million to only seven of those taxpayers, along with a $2 million attorney’s fee to Adorno’s firm. However, in early December 2007, the courts called Adorno’s actions “reprehensible” and the firm was ordered to pay taxpayers an additional $1.6 million for crafting the shady deal. That amount was added to the more than $15 million the city was to repay residents.

“Judge Rodriguez has asked that the Miami Commission approve joint administration of the Adorno & Yoss settlement with the city’s settlement,” said independent counsel Scott Cole, an attorney with the firm Cole, Scott & Kissane, P.A.

“So basically there’s just one process instead of two processes with further delays,” Commissioner Joe Sanchez said. “To create one settlement with that savings of money, which means people will get more money, I think it’s a no-brainer.”

One settlement means fewer dollars will be spent on legal and administrative fees. “It gets more money into the people’s pockets,” Cole said. “Not only now will the people get the benefit of the money that this commission approved, but [they] will also get an additional $1.6 million that the Adorno & Yoss law firm will contribute to the settlement. Second, the people will save money in attorney’s fees … it streamlines the process.”

Commissioner Tomas Regalado, like his colleagues, was anxious to see an end to the fire fee debacle. He inquired about the timeline to start the rebate process.

“It’s not over, [but] I don’t believe we’ll have another [commission] hearing,” Cole said.

He added that with city approval, the judge will sign the preliminary approval order, then schedule a final court hearing in late May or early June.

“After that you have the period when the checks would be issued,” Cole said.

The item passed 4-0, with Commissioner Michelle Spence-Jones absent. A notice will be mailed to potential class members and posted on the fire fee Web site, www.miamifirefeesettlement.com. Refund information is also available by calling 1-800-981-7567.

Comments? E-mail angie@miamisunpost.com