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

January 31, 2012

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 [...]

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

    January 31, 2012

    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, [...]

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

      January 31, 2012

      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 [...]

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        Temporary Impacts Can Be Inordinate Burdens Under the Harris Act

        January 31, 2012

        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. [...]

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          Fourth District Tightens Requirements for Service by Publication

          January 31, 2012

          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 [...]

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            No More “Loosey-Goosey” Mediation For Insurance Companies

            January 31, 2012

            New rules for mediation take effect on January 1, 2012 that impact the way insurance companies participate in mediation. These rules, implemented by the Supreme Court of Florida, make two [...]

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

              January 31, 2012

              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 [...]

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                Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

                January 31, 2012

                We are thrilled to report that several WSHPC&B attorneys were selected as Best Lawyers in America for 2012 in their area of practice. Mitchell A. Bierman – Government Relations.  [...]

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

                  January 31, 2012

                  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 [...]

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

                    January 31, 2012

                    The Act continues to require local governments to discourage the proliferation of urban sprawl. For the first time, urban sprawl has been defined in the Community Planning Act, as: “a development [...]

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