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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

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

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

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.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityAwards & RecognitionsLand Use & Zoning (Private)Real Estate
Tags: Awards & RecognitionsJonathan CohenIgnacio G. Del ValleChad S. FriedmanGilberto PastorizaClifford A. SchulmanEstrellita S. SibilaSusan L. TrevarthenFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Estrellita S. Sibila

Pop-Up Stores Provide Relief to Commercial Real Estate Owners

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.

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Categories: Land Use & Zoning (Private)Real Estate
Tags: Jonathan CohenIgnacio G. Del ValleGilberto PastorizaMichael S. PopokClifford A. SchulmanFort 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): Michael S. Popok

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

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

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

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

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.

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Categories: LitigationCondominium AssociationsAppellate Law & PracticeLand Use & Zoning (Private)Contracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellILSAFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association 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 AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

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

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Mitchell A. BiermanEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanRichard Jay Weiss
Author(s): Brooke P. Dolara