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President's Visit to PortMiami Could Mean More Dollars For Federal Infrastructure Projects

On March 29, President Obama flew to South Florida for a tour of PortMiami and to deliver a speech promoting more private investment in public infrastructure projects. The President proposed raising caps on certain municipal and state bonds and making those bonds available for more projects; he also proposed an additional $4 billion in spending toward certain programs that provide funding for transportation projects. The proposals are part of the administration’s “Partnership to Rebuild America,” which include plans to enact a National Infrastructure Bank (“NIB”) capitalized with $10 billion to spend on public works projects throughout the country. The NIB would issue loans and loan guarantees to eligible projects; these loans could extend to 35 years. The administration has yet to release information regarding how these projects would be paid for, but indicated that it would be addressed next month.

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Categories: Government Affairs
Tags: Mitchell A. BiermanJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Brooke P. Dolara

WSH Named Top Law Firm by South Florida Legal Guide, Attorneys Also Recognized

We are proud to announce that the South Florida Legal Guide (“SFLG”) has named WSH among the Top Law Firms in this year’s edition of its annual publication. SFLG is a premier resource serving the tri-county legal community. Originally launched in 2000, SFLG provides a convenient, easily accessible print and online resource for the region’s professional community. In addition to WSH’s inclusion as a “Top Law Firm,” several of our Members and Partners were honored as 2013 “Top Lawyers” and “Top Up and Comers.”

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Categories: Awards & Recognitions
Tags: Mitchell A. BiermanNina L. BoniskeGary L. BrownJamie A. ColeIgnacio G. Del ValleEdward G. GuedesStephen J. HelfmanGilberto PastorizaClifford A. SchulmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMatthew H. MandelFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Real Estate LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation AttorneyMiami Real Estate LawyerAbigail Watts-FitzGerald
Author(s): Brooke P. Dolara

WSH Obtains Significant Trial Victory for City of Miramar In Bid Protest Litigation

On January 10, WSH obtained a trial victory for the City of Miramar in a lawsuit brought by Wheelabrator/Waste Management. The lawsuit challenged the award by the City of a contract for solid waste disposal. The contract was the result of the first competitive process in Broward County for solid waste disposal in more than twenty years, and broke the monopoly that Wheelabrator has held during that time period. The Court ruled that the City's procurement process was fair and proper, including the use of a "best and final offer" procedure. WSH Partner Daniel L. Abbott and Managing Director Jamie A. Cole litigated the case over 5 days, with substantial pre-trial assistance from Partner Douglas R. Gonzales and Associates Anthony C. Soroka and Samuel I. Zeskind.

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Categories: LitigationGovernment AffairsLocal GovernmentContracts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanDouglas R. GonzalesEdward G. GuedesMichael S. PopokAnthony C. SorokaRichard Jay WeissDavid M. WolpinSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Jamie A. Cole

Threats To Tax-Exemption Of Municipal Bonds Diminish--For Now

Municipal market participants are breathing a sigh of relief that the recent fiscal cliff agreement did not include any changes to the tax-exempt status of interest on municipal bonds.

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Categories: Local Government
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeJeffrey DeCarloChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinBondsFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Public FinanceMunicipal Bonds
Author(s): Jeffrey DeCarlo

WSH Selected as One of South Florida Business Journal's Best Places to Work in 2013

The South Florida Business Journal (“SFBJ”) has named WSH as one of the 2013 Best Places to Work for the fourth year in a row. Each year, the SFBJ surveys employees at numerous firms to determine which employers in South Florida foster a great workplace. WSH placed among the finalists for medium-sized (51-149 employees) firms. On February 21, the SFBJ will announce the rankings of all the named finalists at its celebratory awards luncheon in Fort Lauderdale. We are thrilled to be chosen by the SFBJ for this honor.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeStephen J. HelfmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Attorneys Validate $500M in Bonds for PACE District

On October 23, 2012, WSH lawyers Mitchell J. Burnstein, Jeffrey DeCarlo, and Chad S. Friedman were successful in validating $500,000,000 in bonds on the behalf of the Green Corridor Property Assessment Clean Energy (PACE) District (the “District”), which is located within Miami-Dade County and currently includes the geographic boundaries of the City of Miami, City of Coral Gables, City of South Miami, Village of Pinecrest, Village of Palmetto Bay, Town of Cutler Bay, and Miami Shores Village. The District intends to use the bond proceeds to finance energy efficient (i.e. Energy star rated HVAC units), renewable energy (i.e. solar panels), and wind hardening improvements (i.e. impact resistant windows) on private properties within the District. These bonds will be paid for by voluntary special assessments to be placed on properties that chose to participate in the program.

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Categories: Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Municipal GovernmentMitchell J. BurnsteinJeffrey DeCarloChad S. FriedmanClifford A. SchulmanFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Chad S. Friedman & Brooke P. Dolara

Attorney At Law Magazine Features WSH Attorneys James White & Johanna Lundgren

Recently, we reported that Partner James White and Associate Johanna Lundgren were reelected to their positions on the Board of Directors for the Broward section of the American Planning Association ("APA").  This month, Attorney At Law Magazine featured an article announcing both attorneys' reelection to their leadership posts.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenJames E. WhiteFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Johanna M. Lundgren
Author(s): Brooke P. Dolara

The Red Light Camera Diaries: Florida Supreme Court to Determine Whether Programs Preempted by State Law

The Florida Supreme Court will hear cases from the Third and Fifth District Court of Appeal to determine the legality of red light camera ordinances in Aventura and Orlando. The Third and Fifth Districts issued conflicting opinions on whether the red light cameras circumvented Florida’s Uniform Traffic Control Law. In Aventura v. Masone, the Third District ruled that the City of Aventura’s red-light camera program was a valid and enforceable program that was not preempted by state law. Specifically, the Court found that Aventura properly invoked its broad home rule and police powers to regulate red light camera violations on its own roads through the use of red light camera powers, and to issue citations and collect fines under its code enforcement powers. The Court further found that Chapter 316 did not expressly preempt the City’s police powers in this area of traffic regulation. In City of Orlando v. Udowychenko, the Fifth District held that the city’s red light camera ordinance expressly and impliedly conflicted with state law because it enforced conduct specifically prescribed by state law.

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Categories: LitigationConstitutional Law
Tags: Red Light CamerasRule EnforcementFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney

WSH Attorneys Support Kozyak Minority Mentoring Picnic

On Saturday, November 10, lawyers, judges and law students will convene at Amelia Earhart Park in Hialeah for the 9th Annual Kozyak Minority Mentoring Picnic. The Picnic is sponsored by many businesses, multiple voluntary bar associations, a bank and numerous law firms. WSH will have several attorneys representing the firm at this year’s festivities; each of our attending attorneys has an opportunity to serve as a mentor to a attending law student. We are thrilled to be supporting this wonderful event.

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Categories: Awards & Recognitions
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers

WSH Obtains Favorable Final Order in Significant Environmental Law Matter for Condominium Association

This summer, WSH reported on a favorable decision in an administrative proceeding that WSH Members Mitchell J. Burnstein and Susan L. Trevarthen obtained on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. Specifically, the challengers alleged that the dune contained an endangered species of plant known as the beach star, helped prevent coastal erosion of the shoreline, and provided a nesting habitat for species of marine turtles that are protected under state law. The Association and the Department of Environmental Protection (“DEP”) countered that the Association had agreed to partner with the City of Fort Lauderdale as part of a dune restoration project at the Palms Condominium, under which a stretch of beach would harbor several endangered species of vegetation. The Association and DEP also argued that neighboring beach areas provided nesting habitats for the turtles. On August 25, Florida Administrative Judge David Maloney recommended that the DEP enter a final order issuing the Modification. In his opinion, Judge Maloney stated that there was no evidence that the adjacent beaches provided inferior protection for the sea turtles or endangered vegetation. He also held that the facts did not support a finding that the dune prevented coastal erosion, since it lacked the height or continuity along the shore needed to be considered a “significant dune.”

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLand Use & Zoning (Private)Eminent Domain
Tags: Mitchell J. BurnsteinJoshua D. KrutClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental Law
Author(s): Brooke P. Dolara

WSH Member Susan Trevarthen to Discuss Digital Signs and Billboards at Upcoming Strafford Seminar

WSH Member Susan L. Trevarthen will be speaking at an upcoming live seminar entitled “Digital Signs and Billboards: Crafting and Enforcing Local Regulations.” The seminar will be conducted via phone and the web on Thursday, September 27 from 1 pm to 2:30 pm EST. Affiliates with WSH are eligible to attend the seminar at 50% off. For more information or to register at half price, please call 1-800-926-7926 ext. 10 (mention code: ZDFCT).

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Categories: Land Use & Zoning (Public)Government AffairsLocal Government
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFirst AmendmentElectronic Signs

Fourth DCA Affirms Denial of Writ of Mandamus in Public Records Request; Finds No Abuse of Discretion by Municipality

The Fourth District Court of Appeal recently released a decision that provides municipalities and law enforcement with significant firepower against public records requests for information obtained in criminal investigations. In Harvard v. Village of Palm Springs, 11-1192, the issue was whether the Village of Palm Springs (the "Village") properly withheld law enforcement records, including a juvenile offense report and copy of a videotaped interview. The Fourth District sided with the Village, holding that the release was discretionary under 985.04(3) and that the investigation fell within one of the exemptions set forth in 119.071(2)(h)(1)a-c.

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Categories: LitigationGovernment AffairsLocal Government
Tags: Public RecordsGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): John J. Quick & Brooke P. Dolara

WSH Attorneys Re-Elected to BAPA Leadership Positions

WSH Partner James E. White and Associate Johanna M. Lundgren have been re-elected to their current leadership positions Broward Chapter of the American Planning Association (“BAPA”) for the 2012-13 fiscal year. James currently serves as the Board’s Legislative Representative Committee Member, while Johanna serves as an At-Large Board Member. The American Planning Association is a not-for-profit educational organization that champions good planning through direct public advocacy in government. Created in 1978 through the consolidation of two separate planning organizations, the APA has more than 40,000 national members, including more than 15,000 certified planners.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsGilberto PastorizaSusan L. TrevarthenJames E. WhiteFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Johanna M. Lundgren

The Red Light Camera Diaries: Sarasota County Denies Due Process Challenge Brought by Driver

Last week, we reported that a Polk County judge denied a Motion to Dismiss brought by 40 ticketed drivers challenging red light camera citiations on constitutional grounds.  In that case, the court rejected the drivers' argument that issuance of citations generated by red light camera violations violated the equal protection clausen. On August 29, a County Court judge in Sarasota County denied a Motion to Dismiss brought by a defendant driver who had been issued a red light camera citation. County Court Judge Kimberly Bonnner held that the defendant failed to prove that the issuance of a citation for red light camera violations did not constitute a violation of the due process clause.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as BestLawyers by National Publication

Each summer, BestLawyers compiles a list of the most reputable attorneys throughout the country. This year, WSH is thrilled to announce that several of its Members and Partners have been selected for "BestLawyers 2013."

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

ALJ Recommended Order OKs Condominium Association Plan to Level Sand Dune

WSH Members Mitchell J. Burnstein and Susan L. Trevarthen recently obtained a favorable decision in an administrative proceeding on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. Specifically, the challengers alleged that the dune contained an endangered species of plant known as the beach star, helped prevent coastal erosion of the shoreline, and provided a nesting habitat for species of marine turtles that are protected under state law. The Association and the Department of Environmental Protection (“DEP”) countered that the Association had agreed to partner with the City of Fort Lauderdale as part of a dune restoration project at the Palms Condominium, under which a stretch of beach would harbor several endangered species of vegetation. The Association and DEP also argued that neighboring beach areas provided nesting habitats for the turtles. On August 25, Florida Administrative Judge David Maloney recommended that the DEP enter a final order issuing the Modification. In his opinion, Judge Maloney stated that there was no evidence that the adjacent beaches provided inferior protection for the sea turtles or endangered vegetation. He also held that the facts did not support a finding that the dune prevented coastal erosion, since it lacked the height or continuity along the shore needed to be considered a “significant dune.”

Read the rest of this entry »

Categories: Environmental/SustainabilityLand Use & Zoning (Private)Eminent DomainAdministrative Law
Tags: Mitchell J. BurnsteinClifford A. SchulmanSusan L. TrevarthenMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental LawMiami Eminent Domain Attorney
Author(s): Brooke P. Dolara

Florida Courts Continue to Side with Municipalities in Red Light Camera Challenges

Throughout the past year, judges in both Broward and Miami-Dade County have heard challenges to the red light camera systems on constitutional and evidentiary grounds, and have ruled in the municipalities’ favor. This summer, Polk County entertained a similar challenge from more than 40 ticketed drivers, with similar results.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Red Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSamuel I. ZeskindFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

House Bill 937: Give Me a Break! (At Least a Little One on Advertising Costs)

Section 50.061, Florida Statutes regulates the amount a publisher of a newspaper can charge local governments for the publishing of any and all official public notices or legal advertisements. The cost of advertisements can vary in price from a couple hundred dollars to several thousand dollars for a comprehensive plan amendment and certain government initiated zoning ordinances. Over the last couple of years, the Florida Legislature has considered several different bills that would help to reduce the cost of publishing legal advertisements. On May 4, 2012, the Governor signed House Bill 937 (the “Bill”), which may provide some relief to local governments when publishing an advertisement that requires multiple publications.

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Categories: Land Use & Zoning (Public)Government Affairs
Tags: Chad S. FriedmanSusan L. TrevarthenFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs Attorneys
Author(s): Chad S. Friedman

Eleventh Circuit Upholds Tribal Immunity for Miccosukee in Dram Shop Case

The Eleventh Circuit recently affirmed a lower court decision to dismiss a father’s claim against the Miccosukee Indian Tribe for violating state dram shop laws by knowingly serving excessive amounts of alcohol to his daughter, who subsequently died in a fatal car accident. In Furry v. Miccosukee Tribes of Indians of Florida, the Court held that tribal sovereign immunity barred Furry from bringing suit against the Miccosukee Indians.

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Categories: LitigationAppellate Law & PracticeFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFlorida LegislatureFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Former Broward Teachers’ Union President Arrested for Numerous Offenses Against Union

On Tuesday, former Broward Teachers’ Union (“BTU”) President Pat Santeramo surrendered to authorities after he was charged with racketeering, grand theft, campaign contribution violations and money laundering. The arrest warrant alleges that Mr. Santeramo charged union credit cards for personal expenses, fraudulently obtained compensation for sick and vacation leave that he was not entitled to, and orchestrated an illegal campaign contribution scheme under which BTU members would be reimbursed with union funds after writing checks to political candidates. Mr. Santeramo is also charged with receiving numerous kickbacks from South Florida vendors while billing the union for the incurred expenses.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentCriminal Law
Tags: Public EmployeesPublic EmployersMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanAlan L. GabrielBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneySouth Florida Employment Lawyers
Author(s): Michael S. Popok & Brooke P. Dolara

WSH Partner Ed Guedes Wins Appeal Before Third District Court of Appeal for Miami-Dade School Board

WSH was recently retained by the Miami-Dade School Board to take the lead in a difficult, ongoing appeal before the Third District Court of Appeal of a decision by the State Board of Education. The ruling had overturned the School Board’s politically sensitive decision to terminate the charter of an existing charter school, which the School Board had determined was performing poorly and jeopardizing the students’ education. After the School Board’s decision to revoke the charter, the school appealed the decision to the State Board of Education in Tallahassee. Despite a recommendation from the Charter School Appeal Commission favorable to the School Board, the State Board of Education rejected the recommendation and upheld the school’s appeal, directing the School Board to reinstate the school’s charter.

The School Board appealed the decision to the Third District Court of Appeal, and WSH, led by Appellate Practice Group Chair Edward G. Guedes, stepped in to complete the briefing for the School Board and handle the oral argument. In The School Board of Miami-Dade County, Florida v. Rise Academy of South Dade Charter School, The Third District reversed the State Board’s decision, finding that the decision was erroneous under “any standard of review,” and remanded the matter to the State Board with directions to deny the charter school’s appeal, thus upholding the School Board’s original decision.

To read a copy of the Opinion, please click here.

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeFederal Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes

City of Baltimore Sues Major Banks, Alleging Antitrust Violations

In 2011, the city of Baltimore and the New Britain Firefighters' Benefit Fund sued more than a dozen major U.S. banks, alleging that the banks engaged in antitrust violations that resulted in injured investment returns for the plaintiffs.  Specifically, the plaintiffs allege that the banks manipulated the Libor, a key metric that sets interest rates using data computed daily from domestic and international banks.  The plaintiffs claim that by "suppressing" the Libor, the banks concealed their level of risk during the financial crisis.  The allegations of wrongdoing carry serious weight: last week, the British banking behemoth Barclays Plc agreed to pay U.S. and British regulators $455 million in fines for manipulating the Libor.

The case is being litigated in the U.S. District Court for the Southern District of New York.  Most recently, the banks filed a Motion to Dismiss , arguing that the evidence does not support the existence of a conspiracy to manipulate rates.  

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Categories: LitigationGovernment AffairsLocal GovernmentFederal Courts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok

WSH Litigators Obtain Victory in North Bay Village First Amendment Challenge

On June 12, Judge Ungaro of the Federal Southern District of Florida, granted the City of North Bay Village's motion for summary judgment seeking the dismissal on standing grounds of a First Amendment challenge to the City's Land Use Code. Applicant Isle of Dreams, Inc., which has indicated that it would like to operate an adult-use nightclub, filed its suit without first applying for and obtaining a decision on a site plan application. Without that, the Court ruled, Isle of Dreams had no standing to raise any constitutional challenges to the City's Land Use Code. Congratulations to WSH litigators Edward G. Guedes, Matthew H. Mandel and Michael S. Popok, and land use attorneys' Stephen J. Helfman, Susan L. Trevarthen and City Attorney Nina L. Boniske on the victory.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Constitutional Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentNina L. BoniskeJamie A. ColeEdward G. GuedesStephen J. HelfmanMichael S. PopokJoseph H. SerotaSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Michael S. Popok

Three WSH Members Recognized as "Leading Lawyers"

Each year, the South Florida Business Journal lists the area’s most reputable firms and noteworthy attorneys in its Book of Law. We are thrilled to announce that the South Florida Business Journal selected three WSH attorneys as "Leading Lawyers" in its 2012 Book of Law. Members Mitchell J. Burnstein, Michael S. Popok and Jamie Alan Cole all have extensive litigation experience and hold top management positions at our firm.

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Categories: LitigationGovernment AffairsAwards & RecognitionsEminent Domain
Tags: Governmental LitigationSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell J. BurnsteinJamie A. ColeMichael S. PopokFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Brooke P. Dolara

WSH Attorneys Recognized as Super Lawyers and Rising Stars by National Legal Publication

We are thrilled to report that several WSH attorneys were recently selected as Super Lawyers and Rising Stars by Super Lawyers magazine.

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Categories: LitigationCondominium AssociationsGovernment AffairsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeFederal LawAwards & RecognitionsLand Use & Zoning (Private)Federal CourtsConstruction Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsGary L. BrownJamie A. ColeJoshua D. KrutMatthew J. PearlMichael S. PopokAnthony L. RecioRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAdrian J. AlvarezFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Trainspotting - Success of California High Speed Rail Plan Could Have Consequences for Florida Train Travel

With more drivers on the roads every day in South Florida, state transportation planners face a daunting challenge to alleviate road congestion while efficiently moving thousands of drivers.

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Categories: Government Affairs
Tags: Fort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Brooke P. Dolara

Federal Judge Holds Florida Executive Order Requiring Drug Testing for State Workers Unconstitutional

Today U.S. District Judge Ursula Ungaro ruled that Governor Rick Scott’s Executive Order 11-58 providing for pre-employment drug testing and random drug testing of state employees violates the Fourth Amendment ban on unreasonable searches and seizures. See American Federation of State County and Municipal Employees (AFSCME) Council 79 v. Rick Scott, Case No. 11-civ-21976-UU. “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing,” Judge Ungaro wrote in her order, citing previous U.S. Supreme Court orders that ruled that urine tests are considered government searches.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal LawFederal Courts
Tags: Public EmployeesEmployment AgreementsPublic EmployersGovernmental LitigationMunicipal GovernmentJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

Miami Dade County Commissioners Vote to End Moratorium on New Cities

On Tuesday, Miami-Dade commissioners unanimously voted to lift the County moratorium on city incorporations.

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Categories: Local Government
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentFlorida League of CitiesFlorida City Government WeekMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Brooke P. Dolara

Supreme Court Tackles Health Care: Day 3 of Oral Arguments

On the third and final day of oral arguments before the Supreme Court, the central issue was whether the individual mandate portion of the Patient Protection and Affordable Care Act (the “Act”) was severable from the remainder of the Act.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Supreme Court Tackles Health Care: Day 2 of Oral Arguments

The second day of oral arguments before the United States Supreme Court concerning the Patient Protection and Affordable Care Act (the “Act”) addressed the substantive question of whether or not a government mandate requiring Americans to purchase health insurance or face a penalty is constitutional.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Supreme Court Tackles Health Care: Day 1 of Oral Arguments

This Monday, oral arguments began in the challenge brought by the attorney generals of 26 states to the Patient Protection and Affordable Care Act.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of AppealsUnited States CongressUnited States SenateFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

U.S. Supreme Court Slaps Down EPA for "Strong Arming" and Denial of Due Process to Citizens It Regulates in a Decision Under the Clean Water Act

Michael and Chantell Sackett were the victims of EPA’s “strong arming” according to Justice Scalia’s scathing opinion in the case of Sackett v. Environmental Protection Agency, 566 U.S._______ (2012)(Supreme Court Case No. 10-162). All the Sacketts wanted to do was build a home near, but not adjacent, to a lake. Their 2/3 acre lot is located in Bonner County, Idaho, and others had already built structures closer to the lake. Having received their local building approval, they began to fill part of their lot with dirt and rock. Then the EPA hammer descended.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional LawAdministrative Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsUnited States CongressUnited States SenateFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation Attorneys
Author(s): Clifford A. Schulman

WSH Member Susan Trevarthen Presents at APA's 2012 National Planning Conference

WSH Member Susan L. Trevarthen will be speaking at the American Planning Association's 2012 National Planning Conference.  In "Bridging the Attorney-Planner Gap," Susan will join Kimberley Mickelson and Edward J. Koconis to discuss effective working relationships between attorneys and planners.  The conference will be held in Los Angeles from April 14-17. 

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Categories: Land Use & Zoning (Public)Government AffairsLocal GovernmentAwards & Recognitions
Tags: Florida Growth Management ActMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysUrban Development Boundary
Author(s): Brooke P. Dolara

WSH Associate Estrellita Sibila Speaking at "Smart Planning for a Green Future"

Associate Estrellita S. Sibila will be speaking at the Smart Planning for a Green Future 2012 Virtual Conference & Expo taking place on April 4 – 6, 2012. On April 5, 2012, Estrellita will speaking as part of a six member panel of state and national environmental leaders offering discussions and insights on Smart Planning for a Green Future. The program is hosted by the Future Is Now Foundation and 1000 Friends of Florida (@floridafriends) and will showcase timely topics on energy and environment including clean energy needs and options, green infrastructure, economic development and Florida jobs.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAwards & RecognitionsLand Use & Zoning (Private)
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanEstrellita S. SibilaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development BoundaryFlorida Environmental Law
Author(s): Estrellita S. Sibila

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

On March 22, Founding Member Richard Jay Weiss will be speaking at the Good Government Initiative as part of a four member panel discussing “The Tension over Pensions: Good Public Policy or Obsolete Extravagance?” The Good Government Initiative is a program that provides early-career elected and appointed officials with leadership training and community conversations with the public to consider issues important to governance in the community. The Good Government Initiative was founded by former Miami-Dade Commissioner Katy Sorenson, who will serve as the moderator for the upcoming panel.

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Categories: Labor and EmploymentLitigationGovernment AffairsLocal GovernmentContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingSunshine LawGovernmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaRichard Jay WeissDavid M. WolpinUnemployment CompensationEmployee MisconductNational Labor Relations BoardFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Wins Appeal of Wrongful Death Case Before Fourth DCA

On February 22, WSH Partners Matthew H. MandelJamie A. Cole and Laura K. Wendell  obtained a favorable en banc decision on behalf of the City of Boca Raton in a wrongful death action from the Fourth District Court of Appeal.  The issue in the appeal was whether the police, after releasing an impaired person from their custody, owed a duty of care to that person.  Holding that the police did not owe a duty of care, the entire panel of judges from Court reversed an earlier decision by 3 of its judges and affirmed the trial court’s dismissal of the plaintiff’s complaint.

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Categories: LitigationLocal GovernmentTorts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentVicarious LiabilityMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation AttorneyNegligence
Author(s): Matthew H. Mandel & Brooke P. Dolara

WSH Associate Estrellita Sibila Discussing Business On Popular Radio Talk Show

On February 23 at 5:00 p.m., WSH associate Estrellita S. Sibila will be speaking on the popular “Fried on Business” radio show. Estrellita will join Blue Cross & Blue Shield of Florida and the University of Miami U-Health Program to discuss developments in business in a segment entitled “Business Information for the Business Person from Business People.”

You can listen to “Fried on Business” on 880 the Biz on your A.M. radio dial.

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Categories: Awards & Recognitions
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaEstrellita S. SibilaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

Ruling: APA Administrative Procedures Act Confers Jurisdiction Over State Officials

In a matter of first impression, a federal court of appeals recently decided that courts in the Eleventh Circuit—which hears matters arising in Alabama, Florida, and Georgia—have jurisdiction under the Administrative Procedures Act ("APA") over state officials.

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Categories: LitigationGovernment AffairsFederal LawFederal CourtsAdministrative Law
Tags: Governmental LitigationMitchell J. BurnsteinJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokTimothy M. RavichJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Timothy M. Ravich

Key Decision Under Florida’s New Growth Management Law Finds Proposed Farmton Large Scale Development Does Not Proliferate Urban Sprawl

On January 24, 2012, Administrative Law Judge David Maloney issued a recommended order finding the Farmton Local Plan (FLP) incorporated into the Volusia County Comprehensive Plan as “in compliance” with the Community Planning Act.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Administrative Law
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissJames E. WhiteDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law Attorneys
Author(s): James E. White

DBR Recognizes WSH as One of the Ten Most Diverse Law Firms in South Florida

On January 23, the Daily Business Review released the names of the 25 most diverse law firms in South Florida.  This year, WSH was named the 10th most diverse firm, coming ahead of large law firms such as Greenberg Traurig, Akerman Senterfitt, and Becker & Poliakoff. 

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsDaniel L. AbbottLillian M. ArangoSara E. AulisioMitchell A. BiermanNina L. BoniskeGary L. BrownMitchell J. BurnsteinJonathan CohenJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleBrooke P. DolaraRaquel ElejabarrietaChad S. FriedmanAlan L. GabrielDouglas R. GonzalesEdward G. GuedesStephen J. HelfmanEric P. HockmanHarlene Silvern KennedyJoshua D. KrutKathryn M. MehaffeyAleida Martinez MolinaAlexander L. Palenzuela-MauriGilberto PastorizaMatthew J. PearlMichael S. PopokTimothy M. RavichAnthony L. RecioAmy J. SantiagoBrett J. SchneiderClifford A. SchulmanDaniel A. SeigelGail D. SerotaJoseph H. SerotaJonathan C. ShamresEstrellita S. SibilaAlison F. SmithAnthony C. SorokaEduardo M. SotoJoanna D. ThomsonSusan L. TrevarthenPeter D. WaldmanRichard Jay WeissLaura K. WendellJames E. WhiteDavid M. WolpinSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysRobert MeyersAdrian J. AlvarezAlternative Dispute ResolutionJohanna M. LundgrenFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Freshman Senator Marco Rubio Renounces Support for Senate Version of SOPA

Backers of the Stop Online Piracy Act (SOPA) were dealt a major blow when freshman Senator Marco Rubio (R-FL) released a statement withdrawing his support for Protect Intellectual Property Act (PIPA),  SOPA's companion bill in the Senate. Rubio joined several prominent senators in coming out against PIPA after an estimated 7,000 websites blacked themselves out in protest over the proposed bill.

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Categories: LitigationGovernment AffairsFederal LawConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentCopyrightUnited States CongressUnited States Senate
Author(s): Brooke P. Dolara

Electronic Billboard Signs Create New Issues for Florida’s Local Governments

As sign technology evolves, so do the challenges faced by local governments in creating regulations that preserve the health, safety and welfare of their communities. Local regulation of electronic signs is increasingly an issue at the forefront for local governments throughout the state, as approximately 217 digital billboards now populateFloridaroadways, with more proposed.

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Categories: Land Use & Zoning (Public)Government AffairsLocal Government
Tags: Mitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysJohanna M. LundgrenFirst AmendmentElectronic Signs
Author(s): Susan L. Trevarthen & Johanna M. Lundgren

South Florida Local Governments: Take Heed From Largest US Municipal Bankruptcy

The recent spate of ruptured water lines and sewer breaks in Broward County underscores the challenge of replacing, upgrading and ultimately financing our aging sewer infrastructure in the midst of a recession. Jefferson County, Alabama filed for protection under chapter 9 of the United States Bankruptcy Code in November. Listing $4.15 billion in debt, it is the largest municipal bankruptcy filing in U.S. History. The catalyst was its inability to address a staggering $3 billion in sewer financing obligations.

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Categories: LitigationBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentFederal LawFederal Courts
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesAleida Martinez MolinaMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsChapter 9 BankruptcyFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Aleida Martínez Molina

WSH Successfully Defends Golden Beach in Labor Arbitration

Last week, WSH obtained a significant arbitration victory for the Town of Golden Beach in a case involving a former police officer who was terminated for sleeping on the job.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentContractsAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanBrett J. SchneiderAlison F. SmithRichard Jay WeissDavid M. WolpinMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAlternative Dispute ResolutionFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Litigation Team Wins for the Miami Art Museum

Judge Barbara Areces of the 11th Judicial Circuit Court for Miami-Dade County entered a declaratory ruling today that the lease between the City of Miami and Miami Art Museum of Dade County Association, Inc. to construct a world-class art museum near downtown Miami complies with the City’s Charter. Judge Areces rejected efforts by Miami Neighborhoods United and a Miami resident to void the lease and prevent the project.

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Categories: LitigationGovernment AffairsLocal GovernmentReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

Supreme Court Decision on Health Care Overhaul Could Be Stalled Until 2015

This spring, oral arguments are scheduled to begin in a challenge to the Patient Protection and Affordable Care Act from the Eleventh Circuit Court of Appeals.

Before the Supreme Court tackles the challenged “individual mandate” in the Patient Protection and Affordable Care Act, it may first have to determine whether or not a challenge to the Act can be litigated at all. The Court could decide to delay any decision until 2015, when the penalties will be assessed against those who refuse to buy health insurance.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Florida Legislature Will Tackle Several Significant Planning and Growth Management Bills In Upcoming Legislative Session

In less than two weeks, Florida representatives and senators will convene for the 2012 Legislative Session. Legislators will tackle a number of bills relating to planning and growth management issues. WSH Partner James E. White provided a synopsis of several bills in the new edition of Planner’s Perspective, the quarterly electronic newsletter of the Broward Section of the American Planning Association. In addition to his contributing to the newsletter, James is a member of the American Planning Association and a Legislative Policy Committtee Member of its Broward Section.

To read the synopsis, click here. To check on the status of any individual bill or read the bill’s text and/or amendments, you can visit the Florida Legislature’s website.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment Affairs
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

Holiday Displays On Public Property and the First Amendment

Each holiday season brings festivities, family time and a welcome break from the daily grind. For local government attorneys and officials, the holiday season also involves important issues of the types of holiday displays a city or county may authorize within its rights of way, parks and other public properties.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsJohanna M. Lundgren
Author(s): Susan L. Trevarthen & Johanna M. Lundgren

11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal CourtsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB") and allow more development on previously sacrosanct property.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development Boundary
Author(s): Brooke P. Dolara

WSH Website Is An "Outstanding Achievement"

The Interactive Media Association (“IMA”) has awarded Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.’s website with an Outstanding Achievement Award, acknowledging its design as one of the three best law firm website designs for 2011.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsMitchell A. BiermanNina L. BoniskeMitchell J. BurnsteinJamie A. ColeStephen J. HelfmanGilberto PastorizaMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brooke P. Dolara

SEC Issues Subpoenas For Information Relating to Marlins Stadium Financing

The Securities and Exchange Commission subpoenaed Miami-Dade County and the City of Miami seeking information on any investigation and analysis they did prior to issuing millions of dollars in bonds to pay for the stadium and adjacent parking lots.

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Categories: Government AffairsLocal GovernmentFederal LawContracts
Tags: Sunshine LawMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJonathan CohenJamie A. ColeIgnacio G. Del ValleChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate Attorneys
Author(s): Brooke P. Dolara

Broward League of Cities Shines Spotlight on WSH

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is currently in the Broward League of Cities’ Member Spotlight. The League is currently profiling our Firm on its website, citing our service as city attorney to several Broward municipalities. Firm Member Susan L. Trevarthen and Partner Matthew H. Mandel devote substantial time and energy to League Committees, while Managing Director Jamie A. Cole and Member David M. Wolpin provide counsel to the League on an ongoing basis. We are thrilled and humbled to be acknowledged on the League’s website.

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Categories: Land Use & Zoning (Public)Government AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentFlorida League of CitiesAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Tentative Settlement Reached in Yankeetown Challenge to 2011 Growth Management Reform

Following the passage of the sweeping growth management legislation included in House Bill 7207 of 2011 (the “Community Planning Act”), the Town of Yankeetown,Florida sued to overturn the bill. Yankeetown alleged that HB 7207 is unconstitutional because it contains more than one subject and has a misleading title, and because it contains an unconstitutional delegation of authority to the state planning agency. Yankeetown sought to continue to apply its referendum requirement for approval of comprehensive plan amendments, which existed before HB 7207 was enacted. HB 7207 broadened the prior statutory prohibition on referenda affecting a small number of parcels, to prohibit all planning referenda.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Johanna M. Lundgren

WSH Litigation Team Wins Big For Aventura: Third DCA Holds Red-Light Camera Program Not Preempted By State Law

Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and code enforcement powers, was valid and enforceable, and was not preempted by the State’s Uniform Traffic Control Law set forth in Chapter 316, Florida Statutes.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Michael S. Popok

Litigators Continue to Roll: WSH Successfully Enjoins Million Dollar Party Host From Violating Village Code

On Wednesday, WSH litigators achieved a big win for the Village of Indian Creek in an emergency injunction trial before the Miami-Dade County Circuit Court.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

WSH Litigators Upheld On Appeal for City of Boca Raton

This week, the Fourth DCA affirmed the jury verdict WSH obtained on behalf of the City of Boca Raton in a false arrest case. The Plaintiff, an attorney, claimed that the City’s police officers stormed his house and arrested him without provocation when the City responded to a 911 hangup call traced to the Plaintiff’s residence. After a 4 day trial in March 2010, the jury returned a full defense verdict in 15 minutes. The Plaintiff appealed, and the Fourth District affirmed without an opinion.

Congratulations go out to Matthew H. Mandel (who handled the trial) and to Laura K. Wendell (who handled the appeal)!

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Categories: LitigationGovernment AffairsLocal GovernmentTorts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

Snapshots From The Community Planning Act, Part 7: Discouraging Urban Sprawl

The Act continues to require local governments to discourage the proliferation of urban sprawl.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Supreme Court Will Tackle Healthcare Law in March 2012

On November 14, the Supreme Court agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 healthcare overhaul law.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

WSH Sponsors Kozyak Minority Mentoring Picnic

This Saturday, November 12, attorneys, judges, and law students alike will convene at Amelia Earhart Park in Hialeah for the 8th Annual Kozyak Minority Mentoring Picnic. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is one of the sponsors for the event.  Our attorneys will be there to represent the firm; each of our attending attorneys will be assigned a mentee and will provide guidance and advice.  We are thrilled to be sponsoring this wonderful event.

For more information on the Kozyak Minority Mentoring Picnic, including registration, donations, and directions to the park, click here.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

Takings in Eminent Domain: Testing The Waters Does Not Create a Property Right

In its recent decision in the matter of St. Johns River Water Management District v. Koontz, SC09-73, the Florida Supreme Court held that under the U.S. and Florida Constitutions there is not a taking when a state agency merely denies a development permit. Only when the regulatory agency issues a permit, giving the owner an interest in the permit and making the condition effective, can there be an exaction. Essentially, the Court held that until there is some property right that is actually being taken away, there is not a taking. While this may seem like common sense, this case went up to the Florida Fifth District Court of Appeal three times on this issue before the Supreme Court finally resolved it.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenPeter D. WaldmanFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain Attorneys
Author(s): Peter D. Waldman

Snapshots From The Community Planning Act, Part 6: Evaluation and Appraisal Process

The Evaluation and Appraisal Report (EAR) as you have known it is dead. In its place is a requirement that local governments evaluate, every seven years, whether changes to the comprehensive plan are necessary to reflect changes in state law, and notify the state land planning agency of its determination. Instead of the detailed and prescriptive requirements that used to apply to EARs, local governments need only provide a simple letter indicating whether or not changes are necessary, as determined in the judgment of the local government.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Red Camera Violators Get Partial Refund From City of Hallandale Beach

On November 2, City Commissioners in Hallandale Beach approved a settlement that would enable red camera violators cited by the City before July 2010 to each receive $20 refunds for issued citations.

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Categories: LitigationGovernment AffairsLocal GovernmentClass ActionsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

Robert Meyers, Former Executive Director of Miami-Dade Commission on Ethics and Public Trust, Named Of Counsel at WSH

This week, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. announced the addition of attorney Robert Meyers to our Municipal Government, Governmental Litigation and Special Counsel to Local Government Practice Areas. Robert will be Of Counsel to the firm, and will concentrate his practice on governmental ethics. Robert is the immediate past Executive Director of the Miami-Dade Commission on Ethics and Public Trust. During his thirteen year tenure as Director, he authored hundreds of ethical opinions tackling State, county and municipal ethics codes. Robert also assisted in the drafting of model ethics codes and amendments to existing ethics codes in Miami-Dade County and other local governments. Robert often publishes and lectures on topics of ethics and government leadership.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentAwards & Recognitions
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentFlorida League of CitiesFlorida City Government WeekAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderGail D. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysRobert Meyers
Author(s): Brooke P. Dolara

Jamie Cole is an Ultimate Broward CEO

On October 27, the South Florida Business Journal held its 2011 Broward Ultimate CEO Awards to honor influential, innovative and successful business leaders throughout Broward County. This year, the Journal selected WSH Member Jamie Alan Cole as one of its distinguished honorees.

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Categories: LitigationGovernment AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

Law Firm Alliance Selects WSHPC&B As Sole South Florida Representative

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is proud to have been selected as a member of the Law Firm Alliance, an elite coalition of law firms made up of 60 plus firms and 1500 attorneys throughout the Americas and parts of Europe. The Law Firm Alliance is a loose affiliation of law firms created to provide “competent and responsive” legal services to clients by providing a network of reputable member firms for referral of legal matters. Membership is by invitation only and limited to one firm by geographic area, so inclusion in the Alliance is highly coveted by premier firms. We are thrilled to be the sole South Florida representative in the Alliance. For more information on the Law Firm Alliance, click here.

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Categories: Labor and EmploymentLitigationBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentAirports and AviationAwards & RecognitionsConstruction LawReal Estate
Tags: Awards & RecognitionsMitchell A. BiermanGary L. BrownJonathan CohenJamie A. ColeJeffrey DeCarloChad S. FriedmanEdward G. GuedesAleida Martinez MolinaGilberto PastorizaMichael S. PopokTimothy M. RavichClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brooke P. Dolara

South Florida Municipalities Continue To Fight Pain Clinic “Pill Mills”

Despite 2011 legislation regulating the pain management clinics which have made Florida a center for illicit trafficking in prescription narcotics, local governments continue to face the serious impacts of pain clinics and unscrupulous pharmacies. While legitimate pain management clinics exist to provide needed medical treatment for individuals suffering from chronic pain, “pill mill” clinics and pharmacies have exploited lax state regulations to prescribe and dispense large amounts of controlled substances and serve the illicit drug trade. Over the past several years, these illicit businesses proliferated within the retail storefronts of South Florida communities, resulting in dramatic increases in burglaries of clinics, robberies and other crimes, and further hampering redevelopment efforts in recession-stricken commercial districts.

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Categories: Land Use & Zoning (Public)Government AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Municipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Johanna M. Lundgren

Snapshots From The Community Planning Act, Part 5: Proportionate Share Mitigation of Transportation Impacts – Deficient Roadways and Other Transportation Facilities

The Act removes the state mandate for local governments to enforce transportation concurrency, the regulatory requirement that roadway and other transportation facilities be in place concurrent with the impact of new development. If local governments continue to enforce transportation concurrency, as most local governments appear to be doing at this time, then the Act requires that local governments must continue to obey the state mandate to provide proportionate share mitigation options to applicants for new development approvals, and to follow the revised statutory rules for calculating such mitigation.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 4: Permit Extensions Redux

As in the film “Groundhog Day,” local governments woke up at the end of the 2011 Legislative Session to find that yet another set of permit extensions were provided directly by the state, preempting local control of the renewal and extension of building permits and development orders.

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Categories: Land Use & Zoning (Public)Environmental/Sustainability
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Despite Challenges, More Florida Local Governments Finalizing PACE Programs

As we discussed in our prior blog post, various local governments in South Florida are embracing Property Assessment Clean Energy (“PACE”) programs to make green-friendly improvements to existing properties. WSHPC&B associate Chad S. Friedman significantly contributed to the creation of Florida’s first PACE program, the Green Corridor, under which participating local governments provide financing to property owners making qualifying improvements (such as efficiency improvements) to their buildings. Recently, Chad shared his thoughts on the new PACE programs that local governments are embracing and the highly publicized legal battles PACE programs are fighting in federal courts. You can read a copy of the article here.

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Categories: Environmental/SustainabilityGovernment AffairsLocal GovernmentFederal LawAwards & RecognitionsFederal CourtsReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleChad S. FriedmanGilberto PastorizaClifford A. SchulmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

11th Circuit Finds Municipal Ordinance Authorizing Issuance of “Trespass Warnings” is Unconstitutional

The Eleventh Circuit Court of Appeals recently vacated a decision of U.S. District Court for the Middle District of Florida which had upheld the City’s of St. Petersburg municipal ordinance authorizing certain City officials to issue trespass warnings. In vacating the lower court, the Eleventh Circuit held that the City’s trespass warning ordinance was unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentSara E. AulisioMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Sara E. Aulisio

WSHPC&B Hosting Breakfast Briefing Regarding Code of Ethics; All Officials in Broward Municipalities Encouraged to Attend

On November 1, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. will host a breakfast briefing open to all elected and appointed officials in Broward County to discuss the County’s newly passed Code of Ethics. The Code of Ethics, which was passed unanimously by County Commissioners this past Tuesday, drastically changes the rules governing the activities of municipal officials. Officials are encouraged to attend our briefing, which will address the new regulations on:

  • Financial disclosure;
  • Outside employment;
  • Lobbying;
  • Selection committees; and
  • Charitable/campaign fundraising.

The briefing will be held on November 1 from 8:30 -10:30 am. at the Sheraton Design Center on Griffin Road just east of 1-95. There is no cost to attend, and a complimentary breakfast will be served. Please RSVP as soon as possible to Lisa Werner at (954) 763-4242 or lwerner@wsh-law.com.

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Categories: Government AffairsLocal Government
Tags: Municipal GovernmentEthicsSpecial Counsel to Local GovernmentFlorida League of CitiesMitchell A. BiermanJamie A. ColeRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Brooke P. Dolara

Richard Jay Weiss Is 2012 Miami Government Relations Lawyer of the Year

Founding Member Richard Jay Weiss has been named the 2012 Miami Government Relations Practice Lawyer of the Year by Best Lawyers, the leading survey of lawyers worldwide.

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Categories: Government AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Brooke P. Dolara

Snapshots From The Community Planning Act, Part 3: Adversely Impact Important State Resources and Facilities?

The Act limits the scope of the state land planning agency’s (now the Department of Community Affairs (DCA) but, as of October, to become the Department of Economic Opportunity) ability to object to or challenge local comprehensive plan amendments. Under the Act, the state land planning agency can only challenge those amendments which will “adversely impact important state resources and facilities.” What is important? What is an adverse impact? The Act doesn’t say.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLand Use & Zoning (Private)
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Changes to Florida Statutes Place Greater Restrictions on Public Employee Bonuses and Severance Pay

On June 17, 2011, Governor Scott signed Senate Bill 88 (the “Bill”) into law, which amends Section 215.425, Florida Statutes, in two material ways. As summarized below, the Bill contains significant restrictions on bonuses and severance pay for public employees.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyFort Lauderdale Local Government LawMiami Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation Lawyers
Author(s): Raquel Elejabarrieta

Temporary Impacts Can Be Inordinate Burdens Under the Harris Act

For the first time since the enactment of the Harris Act in 1995, the Act can apply to temporary impacts to the development of property. See Section 70.001, Florida Statutes, known as the Bert J. Harris, Jr., Private Property Rights Protection Act. Examples of temporary impacts include moratoria, declarations of zoning in progress, and regulations that are subject to a sunset clause.

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Categories: Land Use & Zoning (Public)Local GovernmentLand Use & Zoning (Private)Eminent Domain
Tags: Municipal GovernmentMitchell J. BurnsteinChad S. FriedmanAnthony L. RecioSusan L. TrevarthenJames E. WhiteHarris ActTemporary ImpactsFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 2: What Didn’t Change?

My personal “top ten” list of things that have NOT changed in local government comprehensive planning with the enactment of the 2011 Community Planning Act:

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

South Florida PACE District Invests Energy (and Money) Into Going Green

Recently, the Town of Cutler Bay signed a landmark agreement with Ygrene Energy Fund Florida for Ygrene to provide no-risk administration of Florida’s first-ever Property Assessment Clean Energy (PACE) program. WSHPC&B associate Chad S. Friedman provided significant assistance in the creation of the program, under which participating local governments issue financing to property owners who want to make green friendly qualifying improvements to their buildings.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLocal GovernmentLand Use & Zoning (Private)
Tags: Municipal GovernmentChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenBondsFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law
Author(s): Chad S. Friedman & Brooke P. Dolara

Snapshots From The Community Planning Act, Part 1: When Do Local Governments Have To Comply?

This is the first in a series of blog entries focusing on particular aspects of the 2011 Community Planning Act. (See House Bill 7207, enacted by the 2011 Florida Legislature to reform the 1985 Growth Management Act, Part II of Chapter 163, Florida Statutes).

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Hialeah Park Gambles On Constitutionality of New Law Before First DCA In Slot Machine Case

On September 7, the First District Court of Appeal heard arguments in an appeal challenging slot machines at Hialeah Park.

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Categories: LitigationGovernment AffairsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeChad S. FriedmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Michael S. Popok

Florida Supreme Court Won't Hear Appeal of Coral Gables Pick-Up Truck Ban

The Florida Supreme Court decided not to hear an appeal of the ruling from the Third District Court of Appeals upholding the constitutionality of the Coral Gables ordinance banning overnight pick-up trucks in the City.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinCoral GablesFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport Law
Author(s): Alexander L. Palenzuela-Mauri

Broward Judge Rules Red Light Cameras Are Constitutional

On August 17, a Broward judge ruled that the red light cameras operating at various intersections throughout South Florida do not violate drivers' constitutional rights.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

WSHPC&B Files Amicus Curiae Brief On Behalf Of Florida League Of Cities In Significant Home Rule Case

Edward G. Guedes, Susan L. Trevarthen and Jamie A. Cole teamed together to prepare and file an amicus curiae brief on behalf of the Florida League of Cities at the Florida Supreme Court. The case pending before the Supreme Court – City of Palm Bay v. Wells Fargo Bank, N.A. – is one of the most important municipal law cases to come before the Court in the last decade.

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentFlorida Supreme CourtFlorida League of CitiesMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Edward G. Guedes

Florida Legislature Amends State Law To Reduce Restrictions On Firearms

The Florida Legislature recently revised Florida Statute § 790.33 (the "Penalties for Violating Firearms Preemption Law" or "PVFPL") to require that every municipality or government entity in Florida repeal any regulations, policies, and ordinances that violate the "firearms preemption law" of 1987.

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Categories: Local GovernmentConstitutional Law
Tags: Municipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinFlorida ConstitutionFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Joanna D. Thomson

Appellate Court Finds County Commission Term Limits Are Constitutional

Yesterday, Florida's Fourth District Court of Appeal reversed a circuit court judgment holding that the Florida Constitution prohibited Broward County voters from amending the county charter to impose term limits upon its commissioners.  As a result, term limits for Broward County Commissioners are set to be in place. 

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Categories: LitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida ConstitutionFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Yankeetown Challenges Growth Management Reform

On August 1, Yankeetown asked a Leon County circuit court judge to declare HB 7207 unconstitutional.  The lawsuit was filed against the Department of Community Affairs, DCA Secretary Billy Buzzett and the Florida Cabinet, sitting as the Administration Commission. 

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationLocal Government
Tags: Florida Growth Management ActGovernmental LitigationMunicipal GovernmentChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Community Planning Act Passes, Deregulation Forthcoming

On June 2, 2011, Gov. Rick Scott signed into law House Bill 7207, the Community Planning Act. What will it mean for the residents, visitors, businesses and communities of Florida?

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMunicipal GovernmentChad S. FriedmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Public Records and E-Mails: If It's Not the City's Business, It's Not Necessarily a Public Record

On July 20, 2011, Daniel L. Abbott and Jamie A. Cole won a significant case for City of Hallandale Beach in the Fourth District Court of Appeals concerning the scope of records accessible to the public. A citizen sued the City after he was denied access to a list of e-mail addresses containing the recipients of an e-mail sent by the Mayor. The Mayor sent the email, which contained three articles the Mayor submitted as a columnist to the South Florida Sun Times, from her personal e-mail address on her personal computer. The trial court found that the Mayor had no obligation under Florida law or local ordinance to notify her friends and supporters that the article had been published. The trial court also found that the City played no role in the Mayor's decision to send the e-mail. The court found that the e-mail therefore fell outside the scope of the public records and the petitioner was not entitled to the names and e-mail addresses of the people who received the e-mail in question.

 

 

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

New Bonus And Severance Pay Restrictions For Public Employees Starts Now

On June 17, 2011, the Governor signed Senate Bill 88, which limits the amount of severance and/or bonus a governmental entity may provide to a contractual employee. The law explicitly provides that no extra compensation shall be made to any officer, agent, employee or contractor after service has been rendered or a contract entered into unless the compensation is allowed by a law enacted by two-thirds of both the Florida House of Representatives and the Florida Senate. Although contracts entered into before July 1, 2011 are grandfathered, municipalities, counties and other units of government in Florida will be required to comply with the new restrictions limiting the availability of bonuses and severance pay for contractual employees.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara

Michael S. Popok To Discuss Red Light Cameras in Keynote Speech at Friday's MDCCMA Luncheon

This Friday, Michael S. Popok will discuss the topical and controversial red light cameras when he delivers the keynote speech at the Miami-Dade City and County Management Association (MDCCMA) Luncheon.  In his speech, Michael will share his knowledge about photo enforcement and related constitutional issues.  Michael has been interviewed extensively on these issues and quoted numerous times in various media outlets, including a recent article in the international publication Bloomberg News.  For more information about the event, read here.

 

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasMitchell A. BiermanJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation Attorney
Author(s): Brooke P. Dolara

Big Changes For Growth Management Act

In the waning hours of the 2011 Session on May 6, the Florida Legislature enacted House Bill 7207, the biggest change to the Florida Growth Management Act ("Act") since its passage in 1985.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Florida Growth Management ActMitchell A. BiermanChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen & Clifford A. Schulman

Welcome to Our Blog

Our new blog will feature the latest legal news, firm events and practice area updates to keep our clients informed and educated.  Check back often for recent developments.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLabor and EmploymentLitigationCondominium AssociationsBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentHomeowners' AssociationsAirports and AviationAppellate Law & PracticeFederal LawAwards & RecognitionsLand Use & Zoning (Private)Federal CourtsClass ActionsConstitutional LawCivil ProcedureAffordable HousingLandlord-Tenant LawConstruction LawContractsEthics & Professional ResponsibilityEminent DomainTorts
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy Attorneys