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

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

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

WSH Attorneys Recognized as BestLawyers by National Publication

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Baltimore Sues Major Banks, Alleging Antitrust Violations

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

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

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

WSH Litigators Obtain Victory in North Bay Village First Amendment Challenge

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

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

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

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

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

Miami Dade County Commissioners Vote to End Moratorium on New Cities

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

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