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

2012-05-17 14:51:08

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.

Florida Supreme Court to Tackle Conflict Between 2nd and 5th District Court of Appeal Decisions Reached in CMI Cases

2012-05-14 12:50:27

The Florida Supreme Court has recently accepted jurisdiction in Ulloa v. CMI, Inc. to resolve a conflict between the Fifth District Court of Appeal and Second District Court of Appeal in CMI, Inc. v. Landrum. In both cases, our appellate practice chair, Edward G. Guedes, represented CMI. The issue to be reviewed by the Florida Supreme Court relates to the ability of state courts to subpoena documents from an out-of-state corporate witness that happens to do business in the state, but otherwise has no documents, employees or offices in the state.

EEOC Finds Claim of Discrimination Based on Transgender Status Available Under Title VII

2012-05-11 17:49:01

On April 20, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued its decision in Mia Macy v. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives(“Bureau”), in which it changed course from prior decisions and found that a claim of discrimination based on transgender status can be brought under Title VII’s sex discrimination prohibition.

Florida DOT Starts Sending Letters for State Road 7/US 441 Project

2012-04-30 09:30:05

The State of Florida Department of Transportation has started to send Owner Notification letters for its State Road 7/US 441 Project from North of Fillmore to South of Stirling Road in Hollywood. This is a significant project, which will impact many commercial properties and the businesses located on those properties. Since Florida is a full compensation State the Department of Transportation is responsible for paying the attorney’s fees and costs of affected property owners, which includes businesses. The attorney’s fees and costs provisions put property owners on an “equal footing” with condemning authorities in ensuring that they are fully compensated for the taking of their properties. Now is the time for property owners and business owners that are being impacted by the State Road 7 project to seek representation by experienced eminent domain counsel.

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

2012-04-26 14:43:57

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.

WSH Member Mitch Bierman and Miami-Dade Partner-in-Charge Michael Popok Represent Firm at Law Firm Alliance Spring Meeting in Vancouver

2012-04-25 09:37:36

WSH Member Mitchell A. Bierman and Partner-in-Charge of the Miami-Dade office Michael S. Popok will be representing our firm at the 2012 Law Firm Alliance Spring meeting in Vancouver, British Columbia from April 26 through 28. The meeting will focus on interactive management, social media, and law firm marketing. The meeting will focus on interactive management, social media, and law firm marketing. The Law Firm Alliance is a loose affiliation of law firms created to provide a vehicle to obtain competent and responsive legal services. LFA members are mid-size firms with a relatively narrow geographic scope. All are highly regarded commercial firms offering a variety of corporate and litigation services, and each U.S. based LFA member has received the highly-coveted preeminent AV-peer review rating from LexisNexis Martindale-Hubbell. Membership in the LFA is by invitation only. WSH is the sole member firm representing the South Florida region.

WSH Partner Josh Krut Discusses Condominium Associations and Permissible Religious Displays by Unit Owners

2012-04-23 10:25:56

Earlier this month, WSH Partner Joshua D. Krut sat down with Aventura News to discuss permissible displays of religious faith by condominium unit owners on the doors to their units. The topic stemmed from a legal battle in Connecticut in which a condominium association threatened to fine a unit owner $50 per day until she removed a mezuzah from her doorpost. Arguing that other unit owners were permitted to display crucifixes and wreaths on their doors without penalty, the owner and her attorneys persuaded the condominium association to permit the unit owner to display the mezuzah without incurring any fine.

You can read a copy of the article here.

Florida Supreme Court Abrogates Joint Residency Rule, Gives Plaintiffs Greater Latitude in Selecting Venue

2012-04-18 13:18:00

On March 15, the Florida Supreme Court held that a plaintiff suing defendants who reside in different counties is not limited by the “joint residency rule” and can sue in the county of his or her choice.

A Sad Day for Growth Management in South Florida

2012-04-17 12:47:22

John M. DeGrove, the father of growth management in Florida and many other states, recently passed away at age 87. As one of the hundreds of planners, policymakers and attorneys around the state who got their start working with Dr. DeGrove, I can attest that the state and the planning profession have suffered a great loss. A political scientist by training, he was a planner by choice. While he held high ideals, he was a pragmatist, and more than willing to work across party lines and find consensus on solutions to protect and improve the quality of life in Florida. While we can look back from this point and regret what may not have worked as intended, in large part because it was never funded properly by the Florida Legislature, we must not lose sight of what was accomplished under the 1985 Growth Management Act. The state has chosen to move on from Dr. DeGrove’s brand of growth management, but it will always benefit from the many poor decisions averted and wise decisions nurtured under the policies he fathered.

First Annual Philanthrofest, Co-Founded By WSH Attorney Estrellita Sibila, Takes Place at Midtown Miami Greenspace

2012-04-13 17:00:44

On April 14, the first ever PhilanthroFest will host a day of outdoor festivities showcasing about 90 nonprofit organizations. The free event is the result of a partnership between Miami Crawls founder and WSH attorney Estrellita S. Sibila and Life is Art founder James Echols.

Steven Lippman, Former Partner and Close Ally of Scott Rothstein, Charged with Conspiracy to Commit Bank Fraud and Election Fraud

2012-04-12 14:01:51

Federal prosecutors indicted Steven Lippman, a former partner of Scott Rothstein at Rothstein Rosenfeldt Adler, has been indicted in an alleged conspiracy to commit bank fraud and to violate federal election laws. The information charging Lippman with violating the Federal Campaign Act alleges that Lippman schemed with Rothstein “to dramatically increase the stature and political power” of Rothstein’s law firm by making large campaign contributions to several political candidates. The information also alleges that Lippman participated in check kiting and pocketed the excess funds drawn from the inflated checks among his co-conspirators. The information also alleges Lippman defrauded the Internal Revenue Service by failing to report these reimbursements as taxable income. If convicted of all charges, Lippman faces up to five years in federal prison.

Distinguished Attorney Abigail Watts-FitzGerald Joins WSH as Chair of Business Organization and Transactions Group

2012-04-10 08:55:49

Distinguished Miami corporate attorney Abigail Watts-FitzGerald has joined WSH as a Partner and the Chair of the firm’s Business Organization and Transactions Group.

Miami Dade County Commissioners Vote to End Moratorium on New Cities

2012-04-03 16:13:45

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

Supreme Court Tackles Health Care: Day 3 of Oral Arguments

2012-03-29 17:09:53

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.

EEOC Placing Greater Focus on Remedying "Systemic" Discrimination

2012-03-29 13:41:09

The Equal Employment Opportunity Commission ("EEOC") recently announced its strategic plan for fiscal years 2012-2016 where it indicated that it will focus more on remedying systemic discrimination. The EEOC describes systemic cases as those “that address pattern or practice, policy or class cases where the alleged discrimination has a broad impact on an industry, occupation, business or geographic area.” The crux of a systemic case is that the alleged discrimination affects a group of individuals rather than one individual. According to the strategic plan, by the end of fiscal year 2016 a percent (yet to be determined) of cases in the EEOC’s docket will be systemic cases. This, according to the strategic plan, will provide the EEOC with an incentive to conduct systemic investigations.

Supreme Court Tackles Health Care: Day 2 of Oral Arguments

2012-03-28 19:17:48

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.

WSH Member Mitch Bierman Moderates Panel Discussion on Design-Build Delivery Method

2012-03-27 09:21:43

WSH Member Mitchell A. Bierman will moderate a panel of speakers at the Design-Build Institute of America Florida Region, Inc.'s March 29 luncheon at the Shula Hotel & Golf Club in Miami. The panel will discuss the popularity of the Design-Build delivery method and its fitness for different organizations in a presentation called "Design-Build: Love It or Leave It?: An Owners Perspective." Speakers include Alfred Lurigados of MDX, Kevin Powell of U.S. Army Corps. of Engineers, John Cal of Florida International University, and Patrick Shortal of the Port of Miami.

Supreme Court Tackles Health Care: Day 1 of Oral Arguments

2012-03-27 08:24:43

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

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

2012-03-21 17:53:03

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.

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

2012-03-15 19:20:36

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.

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

2012-03-09 13:06:27

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.

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

2012-03-07 13:22:26

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.

Mandatory Contribution by Public Employees of 3% Earnings to FRS Declared Unconstitutional

2012-03-07 09:07:01

In a long awaited opinion, Judge Jackie Fulford issued a decision on March 6, 2012, in which shedeclared unconstitutional a requirement that government employees in Florida contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System). Judge Fulford wrote in her opinion that the Legislature committed “an unconstitutional impairment of plaintiff’s contract with the State of Florida, an unconstitutional taking of private property without full compensation, and an abridgement of the rights of public employees to collectively bargain over conditions of employment.” This ruling could cost the state more than $1 billion a year. The ruling does not impact the 3% contribution to the state retirement fund from employees hired after July 1, 2011, when the law went into place.

WSH Wins Appeal of Wrongful Death Case Before Fourth DCA

2012-03-02 16:19:52

On February 22, WSH Partners Matthew H. Mandel, Jamie 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.

Gibraltar Bank Reaches Settlement with Investors in Scott Rothstein's Scheme

2012-02-29 15:17:38

On February 28, a group of Scott Rothstein's money-losing investors settled a dispute with Gibraltar Bank & Trust for $10 million in cash and an additional share in bad faith insurance claims. By settling the dispute out of court, the parties will avoid a trial in a highly publicized case; the investors originally sought $186 million in compensatory damages. WSH Member Michael S. Popok represented former Gibraltar officer John Harris in the dispute.

In addition to the Gibraltar settlement, investors also settled with TD Bank for $190 million, and Platinum Advisors for another $10 million.

U.S. Supreme Court Revisits Affirmative Action in Higher Education

2012-02-24 14:44:30

A new case tackling affirmative action in higher education is set to be argued before the Supreme Court this fall. The case, Fisher v. University of Texas, was brought by a white student alleging that the University of Texas denied her admission because of her race. The case, which was appealed from the Fifth Circuit Court of Appeals, has the potential to eliminate diversity as a permissible factor used in admissions decisions, changing the precedent established by the Court in the 2003 case Grutter v. Bollinger. In Grutter, the Court upheld an affirmative action admissions policy of the University of Michigan Law School. The Court held that the law school had a compelling interest in promoting class diversity, and that admissions officers could consider race and ethnicity as part of a “holistic” review of an applicant’s file. The Court held that a separate affirmative action program, which incorporated a quota system, was too mechanistic and unconstitutional. The dissent argued that the “holistic” approach was itself a thinly-veiled and unconstitutional quota system. As a result of the decision, public colleges and universities could take race into account in admissions, but were not required to do so. Supporters and opponents of affirmative action have noted that the Fisher case will be decided by a much different Court than the one which decided the Grutter case. Because of the Court’s different makeup and the temporal proximity of oral arguments to the national election, supporters and opponents of affirmative action will be watching the developments of the Fisher case intently.

University of Miami Welcomes WSH Associate Estrellita Sibila to Speak About Work-Life Balance

2012-02-22 16:24:25

Associate Estrellita S. Sibila has been invited to speak at the University of Miami School of Law. On February 27, 2012, Estrellita will be leading a discussion on work-life balance and the legal profession. “While at the University I served as Vice President of Miami Law Women. It gives me great pleasure to return and inspire our next generation of female lawyers.” Miami Law Women (MLW) is a division of the Florida Association of Women Lawyers, an organization devoted to the advancement of women in the legal profession through community service, networking, and social programming.

Jamie A. Cole Selected as One of Top 50 Entrepreneurs in South Florida

2012-02-21 21:57:12

Business Leader, a national business publication, has selected Managing Director Jamie A. Cole as one of the 50 Top Entrepreneurs in South Florida. After receiving his award, Jamie sat down with Business Leader for an interview, during which he outlined his strategy for success: “I believe that three characteristics are important in success. 1) Integrity – doing the right thing is always important. 2) Loyalty – If you are loyal to your team – employees, superiors, clients, vendors – this will engender loyalty in return. 3) Willingness to take calculated risk. I don’t advocate wild risk-taking, but well-analyzed risks can pay off.” Jamie’s blueprint for success has yielded commendable results; while in his current position, the firm has been recognized as a “Best Place to Work” for four consecutive years.

2011 Champions WSH Ready to Defend Title at Dade County Bar Association Softball Tournament

2012-02-17 10:41:57

For the ninth consecutive year, WSH attorneys and staff will suit up and play in the Dade County Bar Association Young Lawyers’ Section Softball Tournament. Having won the championship last year, our players are eager to defend their title in this year’s competition. WSH Partner Matthew H. Mandel leads an impressive roster of players in the all-day event, which will be held this Saturday at Miami’s Tropical Park. Proceeds from the tournament benefit the Miami Foundation, a charitable organization that provides millions of dollars in grants and scholarships to members of the Greater Miami community.

For more information on the tournament, click here.

WSH Associate Estrellita Sibila Discussing Business On Popular Radio Talk Show

2012-02-17 09:51:11

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.

Government Officials Reach $26 Billion Settlement with Major Banks to Bring Relief to Homeowners

2012-02-14 18:09:36

Federal and state officials have reached a $26 billion foreclosure settlement with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial, five of the nation’s largest banks. The settlement is the largest deal reached to alleviate the damage caused by the housing market crash, and could provide relief to nearly two million current and former homeowners affected by the crash.

Dog Ownership in Condos - What's Everybody Barking At?

2012-02-10 16:00:26

Rule enforcement at community associations can be problematic enough when dealing with delinquent owners and rowdy neighbors. However, managers and board members may have an equally difficult time enforcing the rules when it comes to owners’ most beloved companions – their pets.

Ruling: APA Administrative Procedures Act Confers Jurisdiction Over State Officials

2012-02-09 15:05:43

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.

Florida Employers Take Note....Eleventh Circuit Holds Pre-Eligibility Notice of Post-Eligibility Leave Is Protected Activity Under FMLA

2012-02-07 13:13:10

In a case of first impression, the Eleventh Circuit Court of Appeals (the “Court”) has held that the Family Medical Leave Act (“FMLA”) protects employees’ pre-eligibility requests for post-eligibility leave. The case, Pereda v. Brookdale Senior Living Communities, Inc., ---- F. 3d -----, 2012 WL 43271 (11th Cir. Jan. 10, 2012), should provide guidance to Florida employers dealing with the question of whether an employee is engaging in “protected activity” under the FMLA.

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

2012-02-01 02:32:52

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.

Bloomberg BusinessWeek Interviews Michael Popok For Feature on Ponzi Schemer Scott Rothstein

2012-01-31 15:13:29

Self-confessed thief and admitted liar Scott Rothstein continues to make national news for the fallout of his $1.2 billion Ponzi scheme. Bloomberg BusinessWeek, a national publication, recently ran an article detailing Rothstein’s allegations in his explosive December 2011 deposition testimony.

U.S. Supreme Court Allows Telemarketing Lawsuits in Federal Court

2012-01-27 18:03:41

In a ruling that is certain to impact where consumers can bring private lawsuits against telemarketing companies, the Supreme Court of the United States recently decided that claims under the Telephone Consumer Protection Act ("TCPA") may be brought in federal district courts.

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

2012-01-27 08:31:49

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.

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

2012-01-25 17:54:54

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

Can Insurer's Conduct During Claims Administrative Process Expose It to Tort Liability?

2012-01-24 19:59:08

On January 20, 2012, WSH obtained a complete defense victory for a major insurer in a case involving a unique section of Florida's Workers' Compensation Law. An employee who was injured in an on-the-job accident more than 10 years ago sued his insurer for "intentional infliction of emotional distress," arguing that the insurer's conduct during the claims administration process was deliberately intended to (and did) worsen his injuries. The employee demanded punitive and a million dollars in compensatory damages.

Freshman Senator Marco Rubio Renounces Support for Senate Version of SOPA

2012-01-19 19:24:45

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.

Supreme Court Gives Death Row Inmate Relief Due to Big Law Firm Mailroom Screwup

2012-01-19 10:17:15

On Wednesday, the United States Supreme Court ruled in Maples v. Thomas that a death row inmate in Alabama must be given another chance to file an appeal after his attorneys abandoned their representation of the defendant, failing to notify the court of their departure and consequently missing the filing deadline for an important appeal.

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

2012-01-18 14:08:53

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.

Citing Religious Freedom, Supreme Court Backs Church In Discriminatory Discharge Case

2012-01-13 11:01:38

On January 11, the United States Supreme Court held for the first time that federal discrimination laws do not protect church employees who perform religious duties. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012 WL 75047 (Jan. 11, 2007), the Court recognized that the “ministerial exception” under the First Amendment protects religious institutions from discriminatory discharge where the former employee qualifies as a “minister.” Although the term “minister” is not strictly defined, the term may apply to those who conduct worship or serve as a messenger or teacher of faith.

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

2012-01-12 10:27:59

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.

WSH Successfully Defends Golden Beach in Labor Arbitration

2012-01-09 11:02:29

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.

Important Changes to Florida's Unemployment Compensation Laws

2012-01-06 16:16:13

On June 27, 2011, Governor Rick Scott signed new legislation amending Florida’s unemployment compensation law. As we reported in our August 26 blog post, the new laws significantly expand the definition of employee misconduct. The amendments also have important consequences for employee severance pay.

NLRB Changes Procedures to Speed Up Union Elections; Employer-Friendly Organizations Respond With Lawsuit

2012-01-05 10:46:34

On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections. The Rule, which will take effect on April 30, 2012, shortens the time period between the initial filing of the election petition and the election, unless the parties stipulate to the election date. As a result, the Rule eliminates pre-suit challenges to NLRB rulings such as the appropriate bargaining unit and which workers are eligible to vote in an election.

WSH Litigation Team Wins for the Miami Art Museum

2012-01-04 09:43:49

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.

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

2012-01-03 15:03:37

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.

Because Social Media is Discoverable, Businesses Should Take Precautions to Limit Liability

2012-01-02 19:09:46

Social media sites and blogs have become increasingly popular among employees for firm marketing and business purposes. These marketing activities offer employers great potential exposure; an August 2011 Nielsen Company study found that Americans spend approximately one-fourth of their time online on social networking sites and blogs. Although these marketing activities can provide employers with positive exposure, social media sites can create a significant litigation risk for companies when employees engage in inappropriate activity online.

Rothstein Continues to Lie; Media Excoriates Him Over Dubious Deposition Testimony

2011-12-30 10:45:07

In his recent deposition testimony, confessed liar and Ponzi schemer Scott Rothstein hurled unsubstantiated accusations at executives and bankers, alleging they were complicit in his $1.2 million Ponzi scheme.

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

2011-12-28 14:47:58

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.

Holiday Displays On Public Property and the First Amendment

2011-12-28 09:29:11

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.

Disbarred Attorney Scott Rothstein Attacks Gibraltar Bank in Deposition; WSH Member Michael Popok Fires Back

2011-12-24 20:23:12

Ponzi schemer and disbarred attorney Scott Rothstein returned to South Florida recently to give testimony concerning his illegal activities. Specifically, the confessed liar and scammer made allegations about the alleged role of other individuals and institutions in his money-laundering crimes. One of these individuals, former Gibraltar Private Bank & Trust Vice President John Harris, has retained WSH Partner-in-Charge Michael S. Popok to defend him against the accusations made by Rothstein. The South Florida Business Journal recently interviewed Michael in connection with their reporting on Rothstein’s deposition testimony.

To read a copy of the article click here.

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

2011-12-23 14:36:50

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.

Mandatory Foreclosure Mediation Ends in Florida

2011-12-22 08:54:16

On Monday, Florida Supreme Court Justice Charles Canady issued an Order terminating the state’s mandatory foreclosure program. Citing the program’s abysmal success rate, Justice Canady wrote that the state “cannot justify the continuation of the program.”

Google Alert: You've Been Served....Federal Court Allows Service of Process By E-Mail

2011-12-19 15:02:33

The U.S. District Court in Delaware ruled that a defendant can be served via his or her e-mail address, and that a client’s e-mail address is not subject to attorney-client privilege.

600 Brickell Ready for Occupancy, Showcases Cutting Edge-Technology and Environmental Sustainability

2011-12-16 14:56:35

The recently completed 600 Brickell at 600 Brickell World Plaza, is not only Miami’s newest commercial real estate tower – it’s also the only building that’s been LEED pre-certified platinum, the highest green rating offered. WSH handled land use and zoning issues for the project in its infancy.

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

2011-12-14 14:05:48

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.

WSH Website Is An "Outstanding Achievement"

2011-12-13 12:57:01

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.

No More "Loosey-Goosey" Mediation For Insurance Companies

2011-12-06 13:09:15

New rules for mediation take effect on January 1, 2012 that impact the way insurance companies participate in mediation.

SEC Issues Subpoenas For Information Relating to Marlins Stadium Financing

2011-12-05 20:07:46

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.

Broward League of Cities Shines Spotlight on WSH

2011-12-01 17:30:17

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.

Tentative Settlement Reached in Yankeetown Challenge to 2011 Growth Management Reform

2011-12-01 10:52:54

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.

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

2011-11-30 14:06:44

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.

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

2011-11-25 07:40:38

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.

WSH Litigators Upheld On Appeal for City of Boca Raton

2011-11-23 14:35:49

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)!

American Bar Association Identifies a Significant Number of White House Potential Judicial Nominees as "Not Qualified"

2011-11-22 10:33:56

The American Bar Association ("ABA") has secretly dismissed a significant number of President Barack Obama’s potential federal judicial nominees as “not qualified.” The ABA’s judicial vetting committee disapproved of 14 out of the 185 potential nominees the administration asked it to evaluate, exceeding the total number opposed by the ABA during the administrations of both Presidents Bill Clinton and George W. Bush.

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

2011-11-18 15:42:53

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

WSH Attorneys Recognized by 11th Judicial Circuit Historical Society for Achievement and Commitment to Historical Preservation

2011-11-17 14:37:03

On November 12, HistoryMiami’s 11th Judicial Circuit Historical Society awarded two Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. attorneys with Legal Legends Awards.

Supreme Court Will Tackle Healthcare Law in March 2012

2011-11-15 10:25:00

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

WSH Sponsors Kozyak Minority Mentoring Picnic

2011-11-11 16:37:14

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.

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

2011-11-08 15:49:22

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.

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

2011-11-07 09:34:43

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.

Federal Limits on Expert Discovery

2011-11-04 11:45:59

Every lawyer who has ever worked with experts knows the rule: everything is discoverable. Except in federal court.

Red Camera Violators Get Partial Refund From City of Hallandale Beach

2011-11-03 20:45:08

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.

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

2011-11-02 13:41:27

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.

Jamie Cole is an Ultimate Broward CEO

2011-11-01 15:52:00

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.

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

2011-10-31 17:07:45

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.

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

2011-10-31 13:03:19

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.

Construction Lien Triggers: When Is "Final" Really Final?

2011-10-28 08:41:15

Florida’s Construction Lien Law might appear straightforward, but there is plenty of room for costly error.

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

2011-10-27 13:53:27

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.

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

2011-10-21 12:38:32

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.

Despite Challenges, More Florida Local Governments Finalizing PACE Programs

2011-10-19 19:56:40

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.

Estrellita S. Sibila to Speak at the Florida State University Real Estate Trends & Networking Conference in Tallahassee, FL

2011-10-19 09:29:31

WSHPC&B attorney Estrellita S. Sibila has been invited to speak at the 17th Annual Real Estate Trends & Networking Conference hosted by the Center for Real Estate Education & Research at Florida State University College of Business. The Real Estate Trends & Networking Conference is organized to inform participants of the emerging trends and issues facing the real estate industry. The conference focuses on factors affecting markets in the southeast region of the U.S. In her speech, Estrellita will address the topic of government regulations and its impact on real estate with a focus on trends in sustainable development. The conference will be held in Tallahassee, Florida on October 27 & 28, 2011.

To read more about the conference and to register, please click here.

WSHPC&B's Alison Smith Is the New Secretary of the Caribbean Bar Association in South Florida

2011-10-18 10:23:09

Alison F. Smith, an associate in our Broward office, has been elected as the Secretary of the Caribbean Bar Association, a voluntary bar association in South Florida with more than 150 lawyers in both the private and public sector that has partnered with numerous international powerhouse organizations to call attention to Caribbean-American issues. In addition to her new position, Alison provides a substantial amount of her time to the Stephen R. Booher American Inn of Court, a program devoted to improving professionalism and ethics for both the bar and bench. Alison also served as the President of the Student Bar Association at Nova Southeastern University Law School, where she graduated magna cum laude and also served on the NSU Law Review.

You can read more about the Caribbean Bar Association and its mission here.

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

2011-10-17 17:44:21

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.

Timothy M. Ravich to Speak at ABA's Aviation and Space Law Litigation National Conference in Washington, DC

2011-10-14 09:46:57

WSHPC&B attorney Timothy M. Ravich has been invited to join the faculty of the American Bar Association's Tort Trial & Insurance Practice Section's Aviation and Space Law National Conference. Timothy, a Florida Bar Board Certified Aviation Lawyer, will address how space law is anticipated to develop with the expansive opportunities of privatized space travel and commercial enterprise. The conference will take place at the Fairmount Hotel Washington, DC from October 20-21, 2011.

To read more about the conference, click here.

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

2011-10-13 14:15:10

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.

Third DCA Upholds Strict Compliance Requirement for Florida Construction Lien Law

2011-10-12 18:52:29

On October 5, the Third DCA held that strict compliance with Florida’s construction lien laws is a condition precedent to a claim against a payment bond. What was likely a scrivener’s error precluded recovery of more than $269,000.

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

2011-10-11 18:09:44

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.

Third DCA Throws Out Case Alleging "Repugnant Environmental Violations"

2011-10-10 15:34:50

On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant environmental violations” after a jury rendered a verdict for the defendant landowners. In Harris v. Grunow, ______ So. 3d ________, 2011 WL 4467379 (Fla. 3d DCA 2011), the Third District held that the plaintiffs failed to show that defendants introduced improper statements, and that a new trial was unwarranted.

Health Care, Free Speech and Criminal Appeals Dominate Docket for Supreme Court's 2011-2012 Term

2011-10-05 14:05:58

On October 3, the Supreme Court returned to the bench for its 2011-2012 term. Although the caseload for the term is usually finalized in February, the Court already has forty-nine appeals on its docket. The court is scheduled to hear arguments in cases addressing free speech, and religious freedom and a plethora of criminal appeals alleging various Fourth Amendment violations. The Court also agreed to hear a challenge to the Patient Protection and Affordable Care Act, the 2010 landmark healthcare legislation that sparked lawsuits across the country from Virginia to Florida. Click here for a list of cases currently on the Court’s docket, complete with background information and key issues.

Pop-Up Stores Provide Relief to Commercial Real Estate Owners

2011-10-04 14:53:48

The recent economic doldrums have fueled at least one cultural and business phenomena: the pop-up store. With retail occupancy rates lagging, pop-ups (or temporary-store space), is a win-win for entrepreneur and landlords alike. Pop-up stores attempt to fill a marketing need or facilitate a product launch, and exist for a short amount of time. The very first pop-up stores centered around seasonal holidays like Christmas and Halloween. But more recently, pop-ups have been used by national “big box” retailers such as Toys R Us to create excitement (and sales) in new areas where they don’t currently have a brick and mortar presence. Even chefs have gotten into the act, temporarily renting existing “dark” restaurant space to promote a new, short-term restaurant concept. The pop-up phenomena is far from a fad, and is being fueled by the recession, a glut of commercial retail space, and a fast-moving internet society with an ever decreasing attention span.

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

2011-10-03 14:56:37

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.

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

2011-09-30 15:53:50

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.

Eminent Domain Valuation in a Falling Market Poses Questions for Condemning Authorities

2011-09-30 09:37:33

In 2006, a condemning authority notifies the public that it intends on widening Congestion Drive, and that it will need to acquire 10 feet of right of way on the North side of the road. The project does not go forward until 2009, in the meantime those property owners on the North side of Congestion have had a cloud placed over there property for 3 years.

Third DCA Holds That Product Manufacturers Whose Products Were Not Used By Plaintiff May Still Be Liable Under Civil Conspiracy

2011-09-29 08:25:53

On September 28, 2011, the Third District Court of Appeals of Florida in Rey v. Philip Morris, Inc., ___ So. 3d ___ , 2011 WL 4467387 (Fla. 3d DCA 2011), reversed a Miami-Dade County Circuit Court decision granting final summary judgment to three cigarette manufacturers. The plaintiff did not dispute that her husband had never smoked cigarettes manufactured by those three defendants.

Jeb Bush and WSHPC&B Agree: Coral Gables Is A Great Place to Work

2011-09-28 15:01:51

The most recent issue of Florida Trend Magazine presents a favorable portrait of Coral Gables with an emphasis on why businesses enjoy basing their operation there. Michael S. Popok, the Partner in Charge of the firm’s Miami-Dade Office was interviewed along with former Governor Jeb Bush, and developer Armando Codina, as to the benefits of basing our law firm’s Miami-Dade office in “The City Beautiful.” Click here for the full interview.

Temporary Impacts Can Be Inordinate Burdens Under the Harris Act

2011-09-24 08:25:53

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.

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

2011-09-22 15:06:02

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:

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

2011-09-21 10:06:22

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.

Fifth District Holds Corporate Registered Agent Is Not Conduit for Witness Subpoenas

2011-09-19 11:55:47

On September 16, 2011, Florida's Fifth District Court of Appeal handed down a decision with substantial significance for out-of-state corporations doing business or looking to do business in Florida. In a case involving Kentucky-based, CMI, Inc., the manufacturer of the Intoxilyzer breath alcohol testing instrument used in Florida, DUI defendants had attempted to subpoena the instrument's source code by serving the company's registered in Florida and without complying with the requirements of Florida's Uniform Law to Secure the Attendance of Witnesses from Within and Without the State in Criminal Proceedings (Uniform Law). The Uniform Law, which has been enacted by all 50 states, requires that the judiciary of a witness' home state be allowed to participate in determining the validity of any effort to compel one of its citizens to appear and provide testimony or documentary evidence in another jurisdiction.

Congress Votes to Ban National Labor Relations Board from Telling a Company Where to Operate

2011-09-19 08:25:25

Reacting to ongoing criticism about aerospace manufacturer Boeing Co.’s decision to move its 787 production plant to South Carolina, Congress voted by a vote of 238 to 186 to ban the National Labor Relations Board (“NLRB”) from telling a company where it can operate.

Miami Foundation Selects WSHPC&B Associate Estrellita Sibila to Participate in Miami Fellows Program

2011-09-16 08:44:46

The Miami Foundation has invited Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Associate Estrellita S. Sibila to participate in its Miami Fellows program. Estrellita is one of 18 individuals chosen for this distinguished and highly selective leadership development program.

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

2011-09-14 17:08:26

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).

Developers Must Prove Legitimate Business Purpose In Order To Enjoy Exemption from ILSA Disclosure Requirements

2011-09-13 14:10:15

On September 7, WSHPC&B Partner Edward G. Guedes scored a major appellate victory in the Eleventh Circuit Court of Appeals on behalf of purchasers of condominium units asserting federal and state claims against a developer. With contributions from Partner Laura K. Wendell, Ed successfully argued that the developer was not entitled to certain exemptions from disclosure requirements where the developer structured transactions for the sole purpose of evading those disclosure requirements.

Florida Supreme Court Now Requiring Attorneys To Be Civil

2011-09-12 17:33:23

The Florida Supreme Court has a strong message for newly admitted attorneys: be civil.

Junior Lenders Covered - "Stripping" Not Allowed in South Florida

2011-09-09 12:30:51

Junior lenders can breathe a sigh of relief in the Bankruptcy Courts of the Southern District of Florida. The three judges of the Miami division have issued a memorandum opinion on the inability of chapter 13 debtors to "strip" liens when they are ineligible for a discharge. See In re Gerardin, 447 B.R. 342 (Bankr. S.D. Fla. 2011).

4th Circuit Vacates Decision Declaring Individual Mandate Portion of Health Care Law Unconstitutional

2011-09-09 12:14:29

The Fourth Circuit Court of Appeals vacated a decision by the Eastern District Court of Virginia holding that the individual mandate under the Patient Protection and Affordable Care Act requiring individual persons to purchase health insurance is unconstitutional.

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

2011-09-08 17:14:05

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

Third DCA Holds Attorneys' Fees Can Be Included In Set-Off Where They Are Provided For In Contract

2011-09-06 13:14:19

Last week, the Third District Court of Appeal held that a contractor may not be entitled to summary judgment in an amount equal to the claimed contract balance less the owner's claimed set-off where the contract at issue provided for both (1) prevailing party attorney's fees and (2) that the owner could withhold payment for damages incurred. The Third District found that attorney's fees were damages under the contract, were properly pled and, therefore, must have been considered as part of the owner's set-off.

Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

2011-09-02 15:16:55

We are thrilled to report that several WSHPC&B attorneys were selected as Best Lawyers in America for 2012 in their area of practice.

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

2011-09-01 07:31:13

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.

As Chair of Aventura Marketing Council, Cliff Schulman Honors Local Businesses At "Sizzling 2011 Season Preview"

2011-08-30 09:55:09

In addition to his contributions to our Firm, Partner Clifford A. Schulman plays an instrumental role in South Florida business as the Chair of the Aventura Marketing Council. Recently, Cliff helped welcome hundreds of marketing council members to the "Sizzling 2011 Season Preview" event at the City of Aventura Arts & Cultural Center, which showcased a myriad of local businesses and featured notable entertainers from past showcases. Cliff also kicked off an event for Miami Dolphins CEO Mike Dee at Duffy's Sports Grill in Miami Beach to honor the business opportunities Dee has provided the community at the helm of the Dolphins franchise.

Palm Beach Circuit Court Orders Public Housing Authority to Pay Rental Subsidy to HOA

2011-08-29 10:30:45

A Palm Beach Circuit Court judge ruled that a public housing authority must pay the subsidized portion of the rent for a Section 8 tenant to a homeowners' association. The judge's decision interprets a recent change in the law that allows community associations to demand that tenants must pay the rent to the association if their landlords owe money to the association.

Changes Made to the Definition of Misconduct Under the Florida Unemployment Statutes

2011-08-26 16:21:02

With unemployment on the rise, the number of claims filed for unemployment compensation benefits has soared. On June 27, 2011, Governor Rick Scott signed new legislation which expands the meaning of misconduct under the unemployment compensation statutes.

CGL Coverage for Construction Defects: What Triggers a Carrier's Obligation to Defend or Indemnify Its Insured

2011-08-26 09:36:43

Insurance coverage for property damage is standard on most construction projects, from the General Contractor down to lowered-tiered subcontractors. All too often, damage caused from construction defects is hidden and not readily observable until long after a project has been completed. A common occurrence in Florida is slow, progressive water damage which is not discovered until it "manifests", usually when a building has deteriorated to the point where structural elements such as wood framing have become compromised and exterior finishes such as stucco have fallen off.

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

2011-08-25 16:45:56

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.

Fourth District Tightens Requirements for Service by Publication

2011-08-23 13:09:02

On August 17, 2011, Florida's Fourth District Court of Appeal, in Parker v. LaSalle Bank National Association, Case No. 4D10-482, articulated the requirements for an affidavit of diligent search that establishes "reasonable diligence" (i.e. justifying substitute service of a complaint).

PERC Victory for WSHPC&B Attorneys Brett J. Schneider and Raquel Elejabarrieta

2011-08-19 13:01:16

The Florida Public Employees Relations Commission ("PERC") issued a Final Order yesterday dismissing an International Union of Painters and Allied Trades' unfair labor practice charge against the City of Deerfield Beach. Brett J. Schneider and Raquel Elejabarrieta represented the City in the unfair labor practice proceeding before PERC.

Broward Judge Rules Red Light Cameras Are Constitutional

2011-08-18 14:25:13

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.

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

2011-08-18 08:27:13

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.

Florida Legislature Amends State Law To Reduce Restrictions On Firearms

2011-08-17 08:59:11

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.

Palm Beach County Jury Finds That Municipality Did Not Selectively Enforce Its Building Code Nor Retaliate Against Home Owners

2011-08-15 08:47:23

Recently, Daniel L. Abbott and Daniel A. Seigel successfully defended the Town of Manalpan in Palm Beach County and its elected officials in a jury trial brought by a home owner who attempted to build an oceanfront pool cabana without a permit. After proving at trial that there were no "similarly situated" properties, no selective enforcement, and no retaliation by the Town or its officials, the jury returned a complete defense verdict.

11th Circuit Holds Individual Mandate Portion of Health Care Law Unconstitutional

2011-08-12 13:41:49

Today, the 11th Circuit Court of Appeals declared that a major component of the recently passed health care law is unconstitutional.

Appellate Court Finds County Commission Term Limits Are Constitutional

2011-08-11 09:38:12

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.

Brett J. Schneider and Raquel Elejabarrieta Win Arbitration For City Of Deerfield Beach

2011-08-11 06:59:17

On August 2, the Florida Public Employees Relations Commission issued a Final Order in favor of the City of Deerfield Beach in a claim filed against the City by a former City mechanic alleging that his layoff from city employment violated state veterans' preference law. Brett J. Schneider and Raquel Elejabarrieta represented the City in this matter. The Commission upheld the Hearing Officer's recommendations on procedural and substantive issues, all of which were favorable to the City.

WSHPC&B Files Motion To Dismiss Class Action Regarding Broadway Show Pricing at Arsht Center

2011-08-08 17:29:22

This afternoon, the firm filed a joint motion seeking dismissal of a putative federal class action alleging that a broadway show series presented at the Adrienne Arsht Center charged an undisclosed fee for its Broadway Elite subscriber series. The firm is local counsel for Key Brand Theatrical Group, Inc., who produces the Broadway Across America series nationwide. Click here for a copy of the motion.

Litigation Holds: What Are They And When Do You Need One?

2011-08-05 08:48:43

When someone files a lawsuit, or reasonably anticipates one, many courts hold that a duty arises at that time to preserve all information that might be relevant to the dispute. Particularly when a business or other organization is involved, compliance can be a challenge. Certain practices and habits, such as the regular deletion of electronic mail and other computer based data, even by individual employees, must be immediately stopped and compliance monitored.

WSHPC&B Listed As One Of Best Law Firms By U.S. News & World Report

2011-08-04 10:01:25

U.S. News & World Report has ranked Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. in the first-tier in its inaugural Best Law Firms issue. Our ranking in Miami is in the area of Land Use & Zoning (Private). The Private Land Use & Zoning Group is headed by AV rated attorney Gilberto Pastoriza and includes Chad S. Friedman, Stephen J. Helfman, Anthony L. Recio, Clifford A. Schulman and Estrellita S. Sibila. We congratulate all the attorneys in the practice group on this achievement and thank them for their invaluable contributions which made this ranking possible.

Florida City Government Week Will Shine Spotlight On Municipal Government And Services

2011-08-03 14:31:40

The Florida League of Cities has established Florida City Government Week as part of an effort to increase civic participation in Florida through education about municipal government and services. Florida City Government Week will run from October 16 to October 22, during which time municipalities are encouraged to take an active role in promoting information about local government. To prepare for Florida City Government Week, the League will send planning packets to League members and local schools in August. The League already has numerous helpful publications available on its website, which you can access here. You can also check out our blog and twitter feed (@wsh-law) in the coming weeks for any updates about Florida City Government Week.

Timothy M. Ravich Selected As One Of 40 Under 40 Outstanding Lawyers In Miami-Dade

2011-08-02 21:42:47

Timothy M. Ravich will be honored this November as one of the 40 Under 40 Outstanding Lawyers of Miami-Dade County at an awards gala hosted by the Cystic Fibrosis Foundation. The selection committee cited Tim's demonstrated excellence in the legal field and his contributions in the community as the primary criteria in selecting Tim to receive this distinguished award. We are thrilled for Tim and congratulate him on this great honor.

Up in the Air: Florida’s Supreme Court Rules Dangerous Instrumentality Doctrine Not Preempted by Federal Law

2011-08-02 14:26:58

In 2005, a leased airplane crashed after takeoff from a Lakeland, Florida airport, killing the pilot and his passenger. The passenger's estate brought a wrongful death lawsuit, alleging that the airplane owner was vicariously liable for the pilot's negligence in the operation and inspection of the aircraft. The lawsuit presented a conflict between Florida's "dangerous instrumentality doctrine" and a federal statute that limits the liability of aircraft owners.

Yankeetown Challenges Growth Management Reform

2011-08-02 13:15:01

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.

Florida Supreme Court Reverses Third DCA Following In-Depth Discussion of Class Certification Standards

2011-08-01 16:43:39

On July 7, 2011, the Florida Supreme Court reversed a decision by the Third District Court of Appeals reversing a trial court's class certification; in doing so, the Court also resolved a conflict created between the Third DCA and Fourth DCA concerning the proper standard of review on appeal. In Sosa v. Safeway Premium Fin. Co., 36 Fla. L. Weekly S373 (Fla. 2011), the Court held that because class certification involves factual findings, the correct standard of review is not a de novo analysis of the facts, but whether the trial court abused its discretion. Moreover, class certification should involve findings limited to the requirement for class certification and should not address the cause of action's merits.

DNA Testing For Dog Waste – Condominium Association Gets Tough On Owners Who Don’t Clean Up

2011-07-29 09:32:37

Fed up with owners who refused to pick up their pets' waste, the Village of Abacoa Condominium Association implemented a policy to have pets' DNA tested and then use the results to determine which dogs were defecating on the property. The policy created a rift between supporters who were tired of putting up with dog waste on the property and other owners arguing that the policy was costly, ineffective, and would lead to a number of lawsuits.

Community Planning Act Passes, Deregulation Forthcoming

2011-07-26 09:16:40

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?

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

2011-07-25 09:32:58

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.

New Bonus And Severance Pay Restrictions For Public Employees Starts Now

2011-07-22 09:49:26

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.

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

2011-07-20 11:56:12

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.

Hurricane Season Is Here...Can Your Emergency Contracts Withstand the Storm?

2011-07-20 08:51:31

Since hurricane season is here, we remind you to check the status of your emergency/hurricane contracts. Make sure they haven't expired and that you have contracted with vendors who have experience with federal regulatory requirements regarding emergency cleanup measures.

MRTA Puts An Expiration Date On Land Restrictions...But HOAs Can Protect Their Covenants

2011-07-18 12:54:31

Most people who buy houses in a homeowners' association are cognizant of the covenants and restrictions contained in their deeds. These restrictions allow associations to maintain uniformity in design and appearance among the various parcels. However, what some homeowners don't know is that if these covenants and restrictions aren't renewed within thirty years of recording, they expire and become unenforceable.

Southern District of Florida Dismisses ILSA and Personal Fraud Claims Against Developer With Prejudice

2011-07-15 14:09:56

Recently a pre-construction purchaser of a unit in a stalled condominium project in Sunny Isles, Florida asserted multiple claims in federal court against the project's developer and its employees. In addition to the standard breach of contract claim, the plaintiff also attempted to allege multiple violations of the Interstate Land Sales Act ("ILSA") and Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") as a class action on behalf of all other contracted unit-purchasers.

WSHPC&B Wins Arbitration Victory For Public Employer

2011-07-15 13:51:43

On June 29, 2011, our Firm obtained a significant arbitration victory for the City of Lauderhill in a labor dispute with AFSCME Local 2942. Brett J. Schneider and Alison F. Smith successfully defended the City against claims that the City violated its collective bargaining agreement when it laid off several employees without honoring their right to "bump" (replace) employees in the same classification with less seniority. In his decision, the arbitrator stated that the evidence showed that the City acted in good faith and was faithful to its contractual responsibilities under the agreement.

Click here to read the Opinion & Final Award.

Michael S. Popok Quoted by Bloomberg News Concerning Red Light Cameras

2011-07-12 12:28:50

The discussion around red light cameras and photo enforcement isn't just heating up in the Sunshine State; it's gotten worldwide attention as well. Bloomberg News reached out to Michael S. Popok for his thoughts on the red light cameras; you can read the article here.

Condo Owner Files Bankruptcy...Collection Efforts End? Not Necessarily...

2011-07-11 09:21:09

Most well-informed Florida condominium and homeowners' association boards know that the filing of a petition in bankruptcy court by a unit owner halts direct collection efforts. What most boards do not understand, however, is that the mere filing of a Chapter 7 or Chapter 11 petition does not discharge that debtor's post-bankruptcy filing obligations to the association – even when the debtor "surrenders" the property in the bankruptcy or otherwise moves out of the subject unit.

Big Changes For Growth Management Act

2011-07-05 11:44:06

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.

Welcome to Our Blog

2011-06-28 15:15:41

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.