Public Sector Land Use and Zoning – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Sun, 26 Apr 2026 23:12:17 +0000 en-US hourly 1 WSHC+B Promotes Daniela Cimo to Partner https://www.wsh-law.com/news-updates/wshcb-promotes-daniela-cimo-to-partner/#utm_source=rss&utm_medium=rss Thu, 19 Feb 2026 16:24:30 +0000 https://www.wsh-law.com/?p=12996 WSHC+B announces the promotion of Daniela Cimo to Partner in the firm’s Government Division. Daniela is based in the law firm’s Miami office. Daniela represents local governments and nonprofit organizations on governance and public trust matters, guiding clients through operational and policy decisions that directly impact their communities. Her cross-sector practice gives her practical insight […]

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WSHC+B announces the promotion of Daniela Cimo to Partner in the firm’s Government Division. Daniela is based in the law firm’s Miami office.

Daniela represents local governments and nonprofit organizations on governance and public trust matters, guiding clients through operational and policy decisions that directly impact their communities. Her cross-sector practice gives her practical insight into the ways public entities and nonprofit organizations operate and collaborate within complex regulatory frameworks.

A trusted advisor, Daniela counsels municipalities on day-to-day government functions while also advising on high-profile and strategic initiatives. Her experience includes public property matters, procurement and contracting, ethics and sunshine law compliance, legislative drafting, public-private partnerships, and community development projects. She helps public entities mitigate risk, maintain transparency, and implement policies that support sustainable growth.

Daniela also represents 501(c)(3) nonprofit organizations and advises private and disadvantaged business entities navigating public procurement and contracting processes, giving her a comprehensive understanding of both the public and private perspectives in government-related matters.

Prior to joining WSHC+B, Daniela served as a staff attorney in the Community Economic Development Unit at Legal Services of Greater Miami, Inc., where she represented nonprofit and small business clients on a broad range of issues and advised on general governance, commercial, and compliance matters.

“Daniela has earned the confidence of clients and colleagues alike through her thoughtful counsel, deep understanding of government operations, and unwavering commitment to the public interest,” said Chad S. Friedman, Chairman of WSHC+B. “Her promotion to Partner reflects not only her exceptional legal skills, but also her leadership within the firm and the value she delivers to the public and nonprofit institutions we serve.”

Daniela is fluent in Spanish. She earned her Juris Doctor, cum laude, from the University of Miami School of Law and her Bachelor of Arts, cum laude, from The George Washington University, where she majored in Political Communication and minored in Spanish & Latin American Languages. She is admitted to practice law in Florida and Washington, D.C.

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Client Alert: Fraudulent Letters Targeting Municipal Planning and Zoning Applicants https://www.wsh-law.com/blog/client-alert-fraudulent-letters-targeting-municipal-planning-and-zoning-applicants/#utm_source=rss&utm_medium=rss Mon, 27 Oct 2025 14:25:49 +0000 https://www.wsh-law.com/?p=12575 We have recently been made aware of a scam targeting municipalities, particularly smaller communities, and applicants with items scheduled for upcoming Planning, Zoning, or Board (PZB) agendas. Applicants have reported receiving fraudulent letters and invoices sent on what appears to be official municipal letterhead, demanding payment of additional fees before their applications can be heard. […]

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We have recently been made aware of a scam targeting municipalities, particularly smaller communities, and applicants with items scheduled for upcoming Planning, Zoning, or Board (PZB) agendas.

Applicants have reported receiving fraudulent letters and invoices sent on what appears to be official municipal letterhead, demanding payment of additional fees before their applications can be heard. These letters have looked highly convincing and, in some cases, directed recipients to wire funds to an unauthorized account. Unfortunately, some applicants have made substantial payments in response.

We strongly advise all municipalities to remain vigilant and remind applicants that any request for payment or documentation should always be verified directly with the municipality through official contact channels.

If your municipality becomes aware of similar correspondence or suspects fraudulent activity, please notify our office or law enforcement immediately.

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Six WSHC+B Partners Recognized in 2025 Lawdragon 500 Leading Real Estate Lawyers Guide https://www.wsh-law.com/news-updates/six-wshcb-partners-recognized-in-2025-lawdragon-500-leading-real-estate-lawyers-guide/#utm_source=rss&utm_medium=rss Wed, 27 Aug 2025 13:30:45 +0000 https://www.wsh-law.com/?p=12403 WSHC+B is honored to announce the inclusion of six of our partners in the 2025 Lawdragon 500 Leading Real Estate Lawyers guide.  Lillian M. Arango (Real Estate, Transactions, Finance, Leasing) Maria Victoria Currais (Real Estate Transactions, Public Finance) Fabio Giallanza (Real Estate Transactions) Rana M. Gorzeck (Real Estate Transactions) Eduardo M. Soto (Commercial Real Estate, […]

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WSHC+B is honored to announce the inclusion of six of our partners in the 2025 Lawdragon 500 Leading Real Estate Lawyers guide. 

According to Lawdragon, this annual guide recognizes legal “advisors who specialize in a vast range of skills – development, finance, leasing, litigation, REIT structuring – on a range of property.”

The 2025 Lawdragon 500 Leading Global Real Estate Lawyers guide is a respected publication that recognizes lawyers who have shown exceptional skill in real estate-related practices. Their selection process involves rigorous research, including submissions from peers and analysis by Lawdragon’s editorial team. The guide is an essential resource for identifying top legal professionals in the real estate sector, highlighting those who excel in areas such as transactions, development, and finance​. Honorees are selected through a proprietary process, combining journalistic research and vetting, as well as submissions from peers, competitors and firms. The winners were selected from a pool of thousands of lawyers considered for this guide.

View the full guide here.

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WSHC+B Mentioned in the Martin County Press on Florida Senate Bill 180 https://www.wsh-law.com/news-updates/wshcb-mentioned-in-the-martin-county-press-on-florida-senate-bill-180/#utm_source=rss&utm_medium=rss Mon, 04 Aug 2025 19:58:23 +0000 https://www.wsh-law.com/?p=12380 WSHC+B was featured in The Martin County Press for its leadership representing municipalities across Florida in litigation challenging Senate Bill 180. The article highlights the firm’s role in organizing a legal coalition seeking an injunction to prevent enforcement of the law in its current form. Senate Bill 180 restricts local governments from adopting land use […]

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WSHC+B was featured in The Martin County Press for its leadership representing municipalities across Florida in litigation challenging Senate Bill 180. The article highlights the firm’s role in organizing a legal coalition seeking an injunction to prevent enforcement of the law in its current form.

Senate Bill 180 restricts local governments from adopting land use regulations deemed more restrictive than those in place as of July 2024. It applies retroactively to August 1, 2024, and allows applicants to challenge ordinances through a pre-suit process, with municipalities facing up to $250,000 in legal fees if unsuccessful. Though framed as a hurricane recovery measure, the law applies statewide and raises concerns about unintended consequences, including inconsistent building standards, insurance challenges, and weakened local planning authority.

Quoted in the article, WSHC+B partner Jamie Cole stated: “Senate Bill 180 significantly limits the authority of local governments to adopt land use regulations considered more restrictive or burdensome than current laws.”

WSHC+B is actively advising municipal clients statewide to review land-use and development regulations adopted since August 1, 2024, to assess potential legal risks under SB 180, and to consider the effect of the bill on their enactments that could be construed as more restrictive or burdensome than current laws.

If your municipality has questions or needs guidance on navigating the implications of Florida Senate Bill 180 and related hurricane recovery laws, please contact Jamie A. Cole (jcole@wsh-law.com) or Susan Trevarthen (strevarthen@wsh-law.com).

Click here to read the full article by the Martin County Press.

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WSHC+B Partners Featured in Law360 Article on Florida’s New Land Use Restrictions in Hurricane Legislation https://www.wsh-law.com/news-updates/wshcb-partners-featured-in-law360-article-on-floridas-new-land-use-restrictions-in-hurricane-legislation/#utm_source=rss&utm_medium=rss Tue, 15 Jul 2025 17:10:02 +0000 https://www.wsh-law.com/?p=12306 In a recent article published by Law360 titled “Local Restrictions in New Fla. Hurricane Law Cause Friction,” WSHC+B Partner and Broward Office Managing Director Jamie A. Cole and Partner Susan Trevarthen shared their insights on Florida Senate Bill 180, also known as the “Emergencies” bill. This sweeping new law, signed by Governor Ron DeSantis, aims […]

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In a recent article published by Law360 titled “Local Restrictions in New Fla. Hurricane Law Cause Friction,” WSHC+B Partner and Broward Office Managing Director Jamie A. Cole and Partner Susan Trevarthen shared their insights on Florida Senate Bill 180, also known as the “Emergencies” bill. This sweeping new law, signed by Governor Ron DeSantis, aims to streamline hurricane recovery but has drawn criticism for significantly limiting local governments’ control over land use and zoning unrelated to any storm impact.

SB 180, now enrolled as Chapter 2025-190 of the Laws of Florida, prohibits local governments from imposing moratoria on redevelopment or enacting land use regulations that are “more restrictive or burdensome” for up to one year after a future hurricane makes landfall, if the community is within 100 miles of the storm track.

Notably, it also retroactively applies a similar limitation to regulations adopted since August 1, 2024, effectively placing a freeze on local zoning authority across the entire state.  While this provision of the bill purports to only affect certain communities affected by three recent storms, it actually applies to every community in Florida due to the breadth of recent federal disaster declarations.

Jamie A. Cole, who has substantial experience regarding home rule matters, described the legislation as an unprecedented overreach into municipal autonomy.

“It’s not just development regulations related to hurricane recovery. It’s anything. So it just kind of opens the complete door to development,” Cole told Law360. “It’s an unbelievable intrusion into home rule authority for cities, because cities basically can no longer pass things that they think are in the best interest of their community.”

Susan Trevarthen, who leads the firm’s local government land use practice, emphasized that the law’s provision for future storms undermines the very foundation of municipal home rule power. “So what that creates is a perpetual situation where it’s chaotic and unpredictable when local governments will ever have their land-use powers again,” she said. 

The article also highlights concerns from local governments that broad, undefined terms like “more restrictive” or “burdensome” could invite lawsuits from developers, potentially discouraging necessary regulation even when public safety is at stake. Trevarthen noted that effectively, “you don’t have power if you can only use it to say yes.”

WSHC+B is actively advising municipal clients statewide to carefully review land-use and development regulations adopted since August 1, 2024, to assess potential legal risks under SB 180, and to consider the impact of the bill in their future enactments. The firm is collaborating with several cities considering constitutional challenges and is analyzing viable legal strategies to protect local authority.

Cole noted that Florida “cities are in a tough spot right now. And they’re going to have to decide whether to just abide by it or try to challenge it.”

If your municipality has questions or needs guidance on navigating the implications of Florida Senate Bill 180 and related hurricane recovery laws, please contact Jamie A. Cole (jcole@wsh-law.com) or Susan Trevarthen (strevarthen@wsh-law.com).

Click here to read the full article by Law360. 

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Mitch Bierman Speaks with SFBJ on Developing Private Sports Facilities in South Florida https://www.wsh-law.com/news-updates/mitch-bierman-speaks-with-sfbj-on-developing-private-sports-facilities-in-south-florida/#utm_source=rss&utm_medium=rss Mon, 20 Nov 2023 18:10:10 +0000 https://www.wsh-law.com/?p=10829 WSHC+B partner and Miami Office Managing Director, Mitch Bierman, recently spoke to the South Florida Business Journal about the rising trend of developing private sports facilities in South Florida. “Struggling retail centers and malls are great places to repurpose spaces for private sports facilities,” Mitch explained to SFBJ. “However, facility operators should check the local […]

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WSHC+B partner and Miami Office Managing Director, Mitch Bierman, recently spoke to the South Florida Business Journal about the rising trend of developing private sports facilities in South Florida.

“Struggling retail centers and malls are great places to repurpose spaces for private sports facilities,” Mitch explained to SFBJ. “However, facility operators should check the local zoning to make sure sports is a permitted use as it doesn’t always fit into the category of general retail and commercial.”

Mitch is a skilled attorney specializing in government affairs, public-private partnerships, and municipal law. He serves as the Town Attorney for the Town of Cutler Bay and Village Attorney for the Village of Pinecrest in Miami-Dade County. Mitch’s experience in navigating complex legal and zoning challenges gives him a unique perspective on urban projects.

Read the article here: https://www.bizjournals.com/southflorida/news/2023/11/09/new-sports-facilities-host-players-who-pay.html?utm_source=rss&utm_medium=rss

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WSHC+B Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® https://www.wsh-law.com/news-updates/wshcb-ranked-among-best-law-firms-by-u-s-news-best-lawyers-2/#utm_source=rss&utm_medium=rss Thu, 04 Nov 2021 17:34:47 +0000 https://www.wsh-law.com/?p=9022 Weiss Serota Helfman Cole & Bierman is proud to be listed as a 2022 U.S. News & World Report “Best Law Firm.” The firm is nationally ranked in two practice areas and regionally ranked in ten practice areas. The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients […]

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Weiss Serota Helfman Cole & Bierman is proud to be listed as a 2022 U.S. News & World Report “Best Law Firm.” The firm is nationally ranked in two practice areas and regionally ranked in ten practice areas.

The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top five percent of practicing U.S. attorneys. Earlier this year, the firm had 25 lawyers selected for inclusion in The Best Lawyers in America® (click here for the full list).

Firms are ranked on a national and metropolitan scale by tiers. The firm received the following rankings:

National Tier 1

  • Appellate Practice

National Tier 2

  • Land Use & Zoning Law

Metropolitan Tiers

Miami

  • Appellate Practice
  • Commercial Litigation
  • Employment Law – Management
  • Environmental Law
  • Government Relations Practice
  • Land Use & Zoning Law
  • Litigation – Labor & Employment
  • Real Estate Law

Fort Lauderdale

  • Commercial Litigation
  • Construction Law

 

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WSHC+B Partner Recognized as Social Impact Honoree for the South Florida Business & Wealth 2021 Legal Awards https://www.wsh-law.com/news-updates/wshcb-partner-recognized-as-social-impact-honoree-for-the-south-florida-business-wealth-2021-legal-awards/#utm_source=rss&utm_medium=rss Fri, 13 Aug 2021 21:01:22 +0000 https://www.wsh-law.com/?p=8853 The firm is pleased to announce that John Quick has been recognized by South Florida Business & Wealth as the Social Impact Honoree of their 2021 Legal Awards. As South Florida’s industry sectors become increasingly diversified, the legal landscape has become more complex, with clients demanding a high level of service and sophistication in all […]

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The firm is pleased to announce that John Quick has been recognized by South Florida Business & Wealth as the Social Impact Honoree of their 2021 Legal Awards.

As South Florida’s industry sectors become increasingly diversified, the legal landscape has become more complex, with clients demanding a high level of service and sophistication in all practice areas. SFBW understands how much the region’s success depends on top-flight attorneys and are celebrating their accomplishments, acumen, and dedication with the Legal Awards.

John will be officially recognized as the Social Impact Honoree, during the in-person joint Awards Ceremony and Legal Guide Release Party on November 4th, 2021, at the Museum of Discovery and Science.

Click here for more information about the event.

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The City of Tampa Proposes a Moratorium and More – Everyone Brace Yourselves! https://www.wsh-law.com/news-updates/the-city-of-tampa-proposes-a-moratorium-and-more-everyone-brace-yourselves/#utm_source=rss&utm_medium=rss Wed, 12 May 2021 19:10:20 +0000 https://www.wsh-law.com/?p=8673 For years, the City of Tampa (“City”) has grappled with how to control single-use, residential development (development that consists only of residences) that creates a number of issues– hurricane evacuation logistics, traffic, and over-concentration of residential development. The City is proposing to adopt an amendment to its comprehensive plan that would start to address these issues […]

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For years, the City of Tampa (“City”) has grappled with how to control single-use, residential development (development that consists only of residences) that creates a number of issues– hurricane evacuation logistics, traffic, and over-concentration of residential development. The City is proposing to adopt an amendment to its comprehensive plan that would start to address these issues by limiting single-use residential development in three future land use categories: (1) Urban Mixed Use -60 (UMU-60), (2) Community Commercial -35 (CC-35), and (3) Community Mixed Use-35 (CMU-35). It also intends to halt certain development approvals for seven months while it processes the proposed amendment. The question is: are property owners and the City ready to grapple with all the ramifications of these actions?

Currently, the City land development regulations (“LDRs”) provide that certain high-density, purely residential zoning designations are consistent with the aforementioned mixed-use future land use categories. The City’s Comprehensive Plan allows a developer to calculate density either by using one of two calculations: units per acre or permissible floor area ratio (FAR), which is the ratio of the building area compared to the size of the land on which the building is being constructed. The FAR calculation generally results in a much greater number of units.

A City presentation at the February 4, 2021 City Council meeting showed the implications of permitting calculation of density based on FAR by providing an example. The example indicated that, in the UMU-60 category, the maximum permissible density is up to 60 units per acre. The maximum permissible FAR is 2.5. Assuming a developer owns 1 acre of land (43,560 SF), maximum density based on units per acre is 60 residences. Maximum density based on FAR would be 109 residences (1,000 SF is the average size per unit). Thus, the FAR density is much greater.

The City’s proposed comprehensive plan amendment would eliminate the option to calculate density using FAR for developments that only propose to construct residences. Because a comprehensive plan amendment will take approximately seven months to adopt, the City also proposes a moratorium on all rezoning applications for properties within the three land use categories (UMU-60, CC-35, and CMU-35) that seek to calculate residential densities on single-use, residential developments using FAR.

The moratorium was presented for consideration on first reading (there has to be two readings for approval) on May 6, 2021. The City Council voted to continue the agenda item until May 20, when the proposed moratorium would be presented again with one significant change: it would exclude properties within walking distance (¼ mile) of the transit emphasis corridors in the City Comprehensive Plan.

While the City’s intentions in attempting to address long-standing complaints of its residents may be noble, both developers and the City should be questioning whether the proposed regulations will result in a taking or a compensable claim under the Bert Harris Act.

Developers should be concerned because the time within which a property rights claims must be asserted is limited. Additionally, recent proposed amendments to the Bert Harris Act may impact who may bring a claim and when the claim may be brought.

The City should be concerned because there currently are a total of 851 acres of land that will be impacted by the moratorium and the proposed comprehensive plan amendment, which can result in a significant number of claims. The City should evaluate its exposure and how to limit its exposure in advance of opening a potential flood gate for claims.

The information contained in this document does not constitute legal advice.

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Funding Resilience https://www.wsh-law.com/news-updates/funding-resilience/#utm_source=rss&utm_medium=rss Tue, 01 Dec 2020 18:31:54 +0000 https://www.wsh-law.com/?p=8317 This article originally appeared in the Miami Herald on December 1, 2020 and was originally written by firm partner, Chad Friedman.   Local, state and federal officials recognize that sea-level rise presents a real danger to properties across Florida. Vulnerable areas have been identified and plans have been developed to address its effects. However, what […]

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This article originally appeared in the Miami Herald on December 1, 2020 and was originally written by firm partner, Chad Friedman.  

Local, state and federal officials recognize that sea-level rise presents a real danger to properties across Florida. Vulnerable areas have been identified and plans have been developed to address its effects. However, what is missing is a dedicated funding source to tackle this existential problem.

One possible solution is the creation of a resiliency utility. It would have the authority to adopt fees sufficient to plan, construct, operate, acquire and maintain systems identified in a master plan.

Funds could be collected on a property-tax bill and pledged to finance necessary capital improvements. Private entities could administer the utility to shift risk and create better efficiencies. The Florida Legislature should authorize this.

Local governments can plan for sea-level rise, but without a dedicated funding source, such plans will succumb, along with any structures, to the sea.

Chad represents developers and governmental entities in land use, zoning and general government matters. He is also a leader in the field of Property Assessed Clean Energy (PACE) programs.

 To read the original article in the Miami Herald, click here.

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