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HomeMy WebLinkAbout2012-03-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, MARCH 14, 2012 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 7:04 p.m. on Wednesday, March 14, 2012 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. Mayor Pamela Bushnell, Vice Mayor Diane Glasser and Commissioner Harry Dressler were in attendance. Commissioners Marion Swenson and Michelle J. Gomez were absent. Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel Goren and City Clerk Peter M. J. Richardson. PLEDGE OF ALLEGIANCE: Peter Pappas led the Pledge of Allegiance a. Presentation of a proclamation by Mayor Pamela Bushnell commending Peter Pappas on his heroic actions. (Requested by Mayor Pamela Bushnell) b. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming March 14, 2012 as "Elder Services Resource Network Day". Accepting Paul Keefe, President of ESRN; Sharon Cofar, VP of Publicity for ESRN and Melissa Rapkin, VP of Community Relations for ESRN. (Requested by Parks & Recreation Director Greg Warner) 2. CITY COMMISSION REPORTS: a. Vice Mayor Glasser: Announced that spring baseball season for the City of Tamarac was underway. She also noted that the recent community garage sale at the Tamarac Community Center was a very popular event and was very well attended. Vice Mayor Glasser stated that it was her pleasure to attend a recent ribbon cutting for a new Subway sandwich shop in Tamarac, located near US 441 and Commercial Boulevard. Vice Mayor Glasser also noted that she recently had the pleasure to attend a local meeting of the National Association of Federal Retired Employees. She also expressed grateful appreciation to Broward Sheriff Al Lamberti and BSO Tamarac Chief Marc Duguay and their staff for making a recent presentation regarding mailbox and identity theft to residents of the King's Point community. b. Commissioner Dressler: Noted that he had recently attended a Governance Committee of the Metropolitan Planning Organization, in his capacity as Vice Chair of this Committee, to discuss redistricting from a transportation standpoint. Commissioner Dressler also said that it was very enjoyable for the Mayor and members of the City Commission to throw out the first pitch in honor of the new Tamarac baseball season on March 3rd at the City's Sports Complex. Page 1 of 7 REGULAR COMMISSION MEETING March 14, 2012 Commissioner Dressler also noted the growing level of concern about the profound negative impact of Burmese Pythons on the ecosystem of the Florida Everglades. He stated that there were an estimated 30,000 to 100,000 in the Miami -Dade, Broward and Palm Beach portion of the Everglades. Commissioner Dressler stated that the number of sightings of mammals such as rabbits, raccoons, opossums, and deer in the Everglades had decreased dramatically during the past eight to ten years, since the introduction of this invasive species. Commissioner Dressler said he would present additional information about this important subject at future City Commission meetings, including educational programs to inform people about the dangers of owning these invasive creatures as pets. c. Mayor Bushnell: Noted that City Manager Michael Cernech and herself had recently had the honor and opportunity to have lunch with Ken Behring, the founder of the City of Tamarac. Mayor Bushnell stated that the City of Tamarac would soon be marking the 50tn anniversary of our community. Stated that she was pleased to serve as a judge at the Broward County History Fair. Mayor Bushnell congratulated Greg Warner and his staff for coordinating the City's baseball leagues and programs for the community's youth. Mayor Bushnell said that following the first pitch of the City's new baseball season, she attended the ribbon cutting for the new Subway restaurant on State Road 441 near Commercial Boulevard, and had the opportunity to meet Steven Frazier, the Manager of Sunshine Plaza, and to visit the site of the soon to be opened Marshall's store at this location. Mayor Bushnell noted that she had recently attended a meeting of the State Road 7 Corridor Cooperative, including communities from Broward, Miami Dade and Palm Beach Counties. She noted that the Cooperative had established a committee to evaluate the organization's membership fee structure, possibly basing fees on a percentage of miles along the State Road 7 corridor, rather than the present structure of basing fees on the population of individual member cities. Noted that she would miss teaching English to some French Canadian neighbors and having the opportunity to learn French from these same individuals. Mayor Bushnell also extended best wishes for a Happy St. Patrick's Day to everyone. 3. CITY ATTORNEY REPORT: Mr. Goren noted that earlier today he had forwarded correspondence to Deputy General Counsel Thomas Winokur in Governor Scott's Office, confirming that earlier today Circuit Court Judge Cynthia Imperato had dismissed all criminal charges previously filed against Mayor Beth Talabisco. Mr. Goren further noted that "Pursuant to Section 112.51(6) F.S., the authority and duty to revoke Mayor Talabisco's suspension and restore her to office is vested solely within the governor's jurisdiction. The City Attorney's Office is prepared to provide any additional information that we can offer to help facilitate this anticipated course of action." A copy of Mr. Goren's correspondence to Mr. Winokur of March 14, 2012 is attached hereto. Page 2 of 7 REGULAR COMMISSION MEETING March 14, 2012 Mr. Goren stated that his staff had provided the Mayor and City Commissioners with a comprehensive update on the recently concluded session of the Florida legislature, a copy of which is attached hereto. He noted that there were far more bills which failed, rather than passed, during the most recent session. Mr. Goren said that the summary was divided into: (1) bills which had reached the Governor for passage into law and (2) proposed constitutional amendments which may be placed on upcoming ballots for consideration as referenda. Mr. Goren said that he would be pleased to respond to any questions from the Mayor and City Commissioners relative to these matters. Mayor Bushnell noted that a proposed bill to prevent texting while driving had been defeated, in part because some legislators feared that their ability to text would be limited and therefore the legislative process altered. Commissioner Dressler said the prohibition of texting while driving should be rationally linked as a public safety issue. Mr. Goren responded to questions from the Mayor and City Commissioners about several bills which had been passed in the most recent session and their potential impacts on local governments. 4. CITY MANAGER REPORT: Mr. Cernech reported that effective February 25tn, Captain Jim Megna had been reassigned to the Fire Department's Training Division to train with Chief Pat Kendrick, Division and Safety Training Chief, who will be retiring from the City's Fire Department on March 31, 2012. Mr. Cernech also stated that a specialist from the Federal Bureau of Investigation had offered a weapon of mass destruction threat and response class at the Fire Station 15 training room on March 5-7. He noted that this training was offered to both City employees and employees from neighboring agencies and was an awareness class related to potential chemical, biological, radiological and nuclear weapon threats. Mr. Cernech also said that the Caporella Aquatic Center Pool had re -opened on March 1st and was open Monday through Saturday between 10:00 a.m. and 6:00 p.m. and between 10:00 a.m. and 4:00 p.m. on Sundays. He also said that there would be daily prize drawings at the Aquatic Center, leading up to a grand prize drawing for an IPod Touch on Friday, March 16tn. Finally, Mr. Cernech stated that applications for swimming lessons for all levels would be accepted at the Aquatic Center beginning on Monday, March 19tn Mr. Cernech noted that the Community Garage Sale held on March 3rd at the Community Center was a very successful event. He said that the next Community Garage Sale would be held on Saturday, August 18tn, at the Community Center, beginning at 7:30 a.m. He also stated that the Tamarac Teen Summit event had been held on Saturday, February 25tn, at the Tamarac Community Center, with more than one hundred teens in attendance at the event. Mr. Cernech invited all interested persons to attend the upcoming twilight concert events on Friday, March 16tn, between 7 and 9 p.m. at the Tamarac Sports Complex, featuring Jimmy and the Stowaways. He also said that there would be a free twilight concert on Friday, April 13tn, at the same time and location, featuring the Strange Brew Band, a variety rock band. Mr. Cernech said that the "April Splash with Peter Cottontail" event would be held on Saturday, April 14tn, between 9:30 and 11:00 a.m. at the Aquatic Center, for children ages 2-5, with a fee of $4.00 per child for City residents and $6.00 for non-resident children. Page 3 of 7 REGULAR COMMISSION MEETING March 14, 2012 Mr. Cernech said that the City had recently hired two additional code enforcement officers, bringing the total number of code enforcement officers to six, enhancing the City's code compliance capabilities relative to weekend hours, removal of snipe signs and assisting in ensuring that bulk trash pick-ups were not put out too early for collection by residents over the weekend. Mr. Cernech also stated that the City's emergency communication systems would be costing more in the future, depending upon the mechanism selected. He said this would be good for the City's Fire and Rescue operational efficiencies in the long run. Mr. Cernech stated that six recently hired City employees had participated in a new employee orientation session held earlier today. He noted that one of the employees said that he was especially proud to serve the citizens in his capacity with the Public Services Department. 5. PUBLIC PARTICIPATION: Mayor Bushnell opened public participation. There were no public speakers and Mayor Bushnell closed this portion of the meeting. 6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech whether there were any changes or additions to today's Consent Agenda. City Manager Cernech said there were no changes or additions to the Consent Agenda. Commissioner Dressler moved, seconded by Vice Mayor Glasser, to approve the Consent Agenda as presented. The motion to approve the consent agenda as presented was adopted unanimously (3-0). a. APPROVAL OF THE FEBRUARY 22, 2012 REGULAR COMMISSION MEETING MINUTES. APPROVED b. TR12159 - COMMERCIAL ARTERIAL REDEVELOPMENT STUDY: A Resolution of the City Commission of the City of Tamarac, Florida, approving the award and execution of an agreement to provide consulting services to provide for a complete Commercial Arterial Redevelopment Study and Related Ancillary Services for the City of Tamarac to Calvin, Giordano and Associates, Inc.; in an amount not to exceed $174,260 providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2012-32 c. TR12162 - FLORIDA MEDICAL TRAINING INSTITUTE (FMTI) STUDENT RIDER AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, to approve an Affiliation Agreement between the City of Tamarac and Florida Medical Training Institute (FMTI), and to authorize the appropriate City officials to execute the Agreement to allow Emergency Medical Services (EMS) students an opportunity to receive education and training from Tamarac Fire Rescue personnel in an EMS student preceptorship program for five years from date of execution by all parties; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-33 d. TR12163 - CITY COLLEGE STUDENT RIDER AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, to approve an Affiliation Agreement between the City of Tamarac and City College, and to authorize the appropriate City officials to execute the Agreement to allow Emergency Medical Services (EMS) students an opportunity to receive education and training from Tamarac Fire Rescue personnel in an EMS student preceptorship program for five years from date of execution by all parties; providing for conflicts; providing for severability; and providing for an effective date. Page 4 of 7 REGULAR COMMISSION MEETING March 14, 2012 RESOLUTION R-2012-34 e. TR12165 - HOME FY 2010/2011 1 ST AMENDMENT: A Resolution of the City Commission of the City of Tamarac, Florida, approving the first amendment to Interlocal Agreement between the City of Tamarac and Broward County to provide for an amendment to the term of the agreement to reflect a commencement date retroactive to October 1, 2010 for FY 2010/2011 HOME Program funds; providing for conflict; providing for severability; and providing for an effective date. RESOLUTION R-2012-35 f. TR12166 - DELL - MASTER LEASE AGREEMENT - PC LEASE: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a Master Lease Agreement with Dell Financial Services to lease eighty-two (82) desktops and thirty (30) laptops for four (4) years at an annual cost of $25,681.38, for a total cost of $102,725.52 at the end of four (4) years, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-36 g. TR12175 - SUNRISE -MEDICAL MONITORING AND REHAB EQUIPMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute an Agreement between the City of Tamarac, a sub -grant participant, and Sunrise Fire Rescue, the sub -grantee project coordinator for the receipt of Medical Monitor and Rehabilitation equipment for personal safety and observation under a Broward County Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant funds; providing for conflicts; providing for severability and providing for an effective date. RESOLUTION R-2012-37 h. TR12177 - GENESIS APPLICATION FEE REFUND: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a refund of $1,881.39 submitted by Hopeton McMillan of Genesis Restaurant and Banquet Center, Designated Agent for the property owner Shahrad Mabourakh / SR Dale Center, LLC, for a Special Exception application fee collected for the Genesis Nightclub project (Case No. 10-MI-12); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-38 i. TR12178 - GRANT SUBMITTAL: FEDERAL TRANSPORTATION ASSISTANCE (FTA) — HYBRID BUS: A Resolution of the City Commission of The City of Tamarac, Florida, approving and authorizing the appropriate City Officials to submit an application via Broward County Transit to the Federal Transit Administration, an operating administration of the US Department of Transportation, for Federal Transportation Assistance Funds for the purchase of a hybrid bus and related equipment in the amount of $166,000, providing for a 17% match in local funds in the amount of $34,000 plus a 10% Broward County administrative fee in local funds in the amount of $16,600 in the event of approval of the application; providing for acceptance of the award and executing of documents upon approval of the application; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-39 j. TR12179 - GRANT SUBMITTAL: FEDERAL TRANSPORTATION ASSISTANCE (FTA) — BUS SHELTERS: A Resolution of the City Commission of the City of Tamarac, Florida, Page 5 of 7 REGULAR COMMISSION MEETING March 14, 2012 approving and authorizing the appropriate City Officials to submit an application via Broward County Transit to the Federal Transit Administration, an operating administration of the US Department of Transportation, for Federal Transportation Assistance Funds for the purchase and installation of 13 kaleidoscope bus shelters in the amount of $401,440, providing for a 20% match in local and/or in -kind funds in the amount of $100,360 plus a required 10% Broward County administrative fee in local funds in the amount of $40,144 in the event of approval of the application; providing for acceptance of the award and executing of documents upon approval; providing for conflicts; providing for Severability; and providing for an effective date. RESOLUTION R-2012-40 k. TR12181 - ACCEPTANCE OF RESOURCE RECOVERY BOARD SINGLE -STREAM RECYCLING CART GRANT: A Resolution of the City Commission of the City of Tamarac, Florida, accepting the Resource Recovery Board, Single -Stream Recycling Grant in an amount of $588,312.04; authorizing the appropriate City Officials to execute an Agreement between the City of Tamarac and the Resource Recovery Board for the Single -Stream Recycling Cart Grant Funds; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2012-41 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING: There were no Ordinances — First Reading items scheduled for this evening's meeting. 9. PUBLIC HEARING(S): a. TR12172 - NSP3 2ND AMENDMENT TO THE FY 2010/2011 ANNUAL ACTION PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, amending the Community Development Block Grant ("CDBG") Program, fiscal year 2010/2011 Annual Action Plan tenth program year -Neighborhood Stabilization Program Round 3 to provide for the inclusion of eligible activity "financing mechanisms"; providing for conflicts, providing for severability; providing for an effective date. City Attorney Goren read TR12172 by title into the record. Vice Mayor Glasser moved, seconded by Commissioner Dressler, to approve TR12172. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to approve TR 12172 was adopted unanimously (3-0) RESOLUTION R-2012-42 10. ORDINANCE(S) —SECOND READINGS: a. T02243 - REVISIONS TO CITY PURCHASING CODE: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second reading repealing Tamarac Code Chapter 6 entitled "Finance and Taxation" Article V, "Purchasing Procedures", in its entirety and enacting Chapter 6, "Finance and Taxation", Article V, to be titled the "Tamarac Procurement Code", providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02243 by title into Page 6 of 7 REGULAR COMMISSION MEETING March 14, 2012 the record. Vice Mayor Glasser moved, seconded by Commissioner Dressler, to approve TO2243 on second reading. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. The motion to approve TO2243 was adopted unanimously (3-0) PASSED ON FIRST READING FEBRUARY 22, 2012 PASSED ON SECOND READING MARCH 14, 2012 0-2012- 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing items scheduled for this meeting. 12. OTHER: a. TR12171 - RESOLUTION FOR ACQUISITION/REHABILITATION/DISPOSITION OF NSP3 PROPERTIES: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the Mayor, Vice Mayor, or City Manager to take action, pursuant to the City of Tamarac Charter, and consistent with the Neighborhood Stabilization Program Round 3 ("NSP3") Grant Agreement entered into between the City of Tamarac and the United States Department of Housing and Urban Development, including the execution of purchase and sale agreements for either the acquisition or conveyance of property pursuant to the NSP3 guidelines, and to authorize the Mayor, Vice -Mayor, City Manager, or Assistant City Manager to execute other documents necessary to proceed to closing either on the acquisition or conveyance of qualified properties within the NSP3 target area in a manner consistent with the respective purchase and sale agreements; waiving the procurement procedures pursuant to Section 6-148 of the City of Tamarac Code of Ordinances with respect to contracts for the rehabilitation of qualified properties acquired with NSP3 funds; authorizing the City Manager and Assistant City Manager to execute contracts with qualified contractors for the rehabilitation of properties acquired with NSP3 funds; authorizing the City Manager to execute Change Orders associated with those contracts with qualified contractors for the rehabilitation of properties acquired with NSP3 funds; providing for severability; providing for an effective date. City Attorney Goren read TR12171 by title into the record. Vice Mayor Glasser moved, seconded by Commissioner Dressler, to approve TR12171. The motion was adopted unanimously (3-0). RESOLUTION R-2012- There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 8:03 p.m. ;)i'wl Z�1 _ 6, Beth Talabisco, Mayor Peter M. J. Richar son, RM, CMC City Clerk Page 7 of 7 REGULAR COMMISSION MEETING March 14, 2012 SAMUEL S. GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL D. CIRULLO, JR. JULIE F. KLAHR DAVID N. TOLCES GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 PHONE: (954) 771-4500 FAX: (954) 771-4923 www.cityatty.com DELRAY BEACH OFFICE: 76 N.E. FIFTH AVENUE DELRAY BEACH, FL 33483 PHONE: (561) 276.9400 PLEASE REPLY TO FORT LAUDERDALE March 14, 2012 VIA FACSIMILE, FEDERAL EXPRESS AND E-MAIL Thomas Winokur, Deputy General Counsel Office of Governor Rick Scott State of Florida - The Capitol 400 S. Monroe Street Tallahassee, FL 32399-0001 Re: City of Tamarac / Dismissal of Criminal Charges Dear Deputy General Counsel Winokur: JACOB G. HOROWITZ SHANA H. BRIDGEMAN STACEY R. WEINGER BRIAN J. SHERMAN STEVEN L. JOSIAS, OF COUNSEL I am sending this correspondence in my official capacity as City Attorney for the City of Tamarac, Florida (the "City"). As a follow up to our earlier discussion, this letter shall confirm that on March 14, 2012, Circuit Court Judge Cynthia Imperato dismissed all criminal charges previously filed against Mayor Beth Talabisco. A copy of the dismissal documentation is attached for your review. You may recall that on March 9, 2011 the State Attorney's Office for the Seventeenth Judicial Circuit in Broward County filed four (4) criminal charges against Mayor Talabisco. The mayor was subsequently suspended from office by Governor Scott pursuant to Executive Order 2011-047. Pursuant to Section 112.51(6), F.S., the authority and duty to revoke Mayor Talabisco's suspension and restore her to office is vested solely within the governor's jurisdiction. The City Attorney's Office is prepared to provide any additional information that we can offer to help facilitate this anticipated course of action. Thank you for your prompt attention to this important matter. cerely, XeS. G N City Attorney SSG/JGH Cc: Mayor Pamela Bushnell Members of the City Commission Michael Cernech, City Manager H:\2005\050164 TAMARAC\Letters 2012\Ltr. to Gov Scott from P. Richardson re Talabisco.docx IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA, ) j Plaintiff, ) CASE NO.: 11-4274CF10A V. ) JUDGE: IMPERATO BETH FLANSBAUM-TALABISCO, ) I ) Defendant. ) ) ORDER GRANTING DEFENDANT'S SWORN MOTION TO DISMISS THIS CAUSE came before the Court upon the Defendant's Sworn Motion to Dismiss, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The Court having. considered said motion, the State's Traverse and Response, the Defendant's Response to the State's Traverse, having conducted a hearing, and otherwise being fully advised in the premises, finds as follows: The Defendant is charged by Information with (count one) Unlawful Compensation, (count two) Bribery, (count three) Official Misconduct, and (count four) Conspiracy to Commit Unlawful Compensation. This Court denied the Defendant's I previous Amended Motion to Dismiss Without Prejudice on January 20, 2012. The Defendant filed this legally sufficient Sworn Motion to Dismiss on February 8, 2012. The State filed its sworn Traverse and Response to, Defendant's Motion to Dismiss on February 13, 2012. The Defendant filed a Response to State's Traverse on February 21, 2012. This Court finds that the undisputed facts do not establish a prima facie case of guilt against the Defendant as to the crimes charged in the Information. The undisputed Page 1 of 3 facts do not establish the necessary element that Beth Flansbaum-Talabisco accepted or received "any pecuniary or other benefit not authorized by law." The facts do show that the Defendant, while a City Commissioner for the City of Tamarac, and a candidate for the office of major of that city, did knowingly receive campaign funds from Shawn Chait and/or Bruce Chait. It is undisputed that the Chait's provided financial contributions to help the Defendant get elected mayor because they wanted candidates elected to office in Tamarac, that were favorably inclined to vote for a housing project they wanted to develop, to replace a golf course. it is also undisputed that Beth Flansbaum-Talabisco supported the project before she met the Chait's, and before her campaign received financial assistance from the Chait's. The evidence that at times her support waivered, is speculative and insufficient to show that she changed her position, and voted for the project because her vote had been purchased by the Chait's. There is no evidence that Beth Flansbaum-Talabisco benefitted personally in any manner. All of the evidence presented establishes the only benefit was to the campaign and the ECO that had been formed . It is typical off all election campaigns, that candidates for office seek campaign funds, and other campaign assistance, from those that share similar positions. it is also typical that individuals, organizations, and companies, seek out and contribute to candidates for office that are likely to vote. favorably for their causes. There are times when candidates run for office on a single issue. The campaign funds they accept are from those that have the same position on that issue. This does not equate to the candidate selling their vote, and they are not prosecuted for unlawful compensation, bribery, or official misconduct, because they maintain their position and vote accordingly. Page ?-of 3, In this case there was nothing improper with the candidate for mayor, and her campaign manager, having a meeting with supporters in' a lawyer's office where a campaign strategy was discussed. There is nothing inherently illegal about conducting polls, forming Florida Electioneering Communication Organization's (ECO), or 527's. i The undisputed facts do not establish a prima facie case against Beth Flansbaum- i . I Talabisco for receiving any benefit not authorized by law or failing to disclose a voting conflict of interest. It is therefore: ORDERED AND ADJUDGED that Defendant's Sworn Motion to Dismiss is GRANTED. The Information for this case is DISMISSED. DONE AND ORDERED in Chambers, at Fort Lauderdale, Broward County, r,� �, 4 2Q1 Florida, A _ day o2f March, 2012. CYNTHIA Is. INIPERATO MAR, 1 tt 2012 CYNTHIA Fa. M NATO CIRCUIT COURT JUDGE Copies furnished: Assistant State Attorney, Catherine A. Maus Larry S. Davis, Esq. Attorney for Defendant 1926 Harrison Street Hollywood, Florida 33020 Page 3 of 3