Environmental and Land Use Law Section Annual Update 2024
June 20, 2024
Join us for an exciting seminar providing an update on recent cases and legislation affecting administrative, environmental, and land use law. This course offers advanced credits for those of you who are Board Certified, and 0.5 Ethics credits.
SPEAKERS
8:45 a.m. – 8:50 a.m.
WELCOME
Susan Martin, Nason Yeager Gerson Harris and Fumero, Program Co-Chair, St. Petersburg
8:50 a.m. – 9:45 a.m.
DOAH CASE LAW AND ETHICS UPDATES
Hon. Gar W. Chisenhall, Florida Division of Administrative Hearings, Tallahassee Hon. Cathy M. Sellers, Florida Division of Administrative Hearings, Tallahassee
9:45 a.m. – 9:55 a.m.
Break
9:55 a.m. – 10:50 a.m.
LEGISLATIVE UPDATE: ENVIRONMENTAL, LAND USE LAW, AND ETHICS
Larry Sellers, Holland and Knight, Tallahassee Janet Bowman, Nature Conservancy, Tallahassee
10:50 a.m. – 11:55 a.m.
GENERAL COUNSEL ROUNDTABLE DISCUSSION ON WATER QUALITY ISSUES
Maricruz R. Fincher, South Florida Water Management District, West Palm Beach Erin Preston, St. Johns River Water Management District, Palatka Chris Tumminia, Southwest Florida Water Management District, Tampa
11:55 a.m. – 12:05 p.m.
Break
12:05 p.m. – 12:55 p.m.
KEYNOTE SPEAKER REPRESENTATIVE KEITH TRUENOW
Representative Keith Truenow, Florida House Representatives, Tallahassee
12:55 p.m. – 1:00 p.m.
CLOSING REMARKS
Accreditation
General – 4.5
Ethics: 0.5
Certification – 4.5
City, County and Local Government Law, State & Federal Government & Administrative Practice, Real Estate
Our 101 on the 404 Drama – What’s Next for Florida?
May 30, 2024
This webinar will provide an overview of the recent Federal District Court decision vacating Florida’s assumption of the Clean Water Act Section 404 Dredge and Fill Permitting Program. The webinar will address the current status of the transfer of power from Florida back to the United States Army Corps of Engineers. Speakers will also discuss the implications of the vacatur on the number of projects considered to impact “Waters of the United States.”
SPEAKERS
Michelle Diffenderfer, West Palm Beach
Katherine Hupp, West Palm Beach
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State & Federal Government & Administrative Practice, Admiralty and Maritime, Intellectual Property
Community Development Districts in Florida
April 26, 2024
SPEAKERS
Opening Remarks
Environmental and Land Use Law Section
Community Development Districts – The Historical Perspective
Mark Straley, Straley Robin Vericker, Tampa
Creation and Subdivision Approvals – The Governmental Perspective
Jeffrey Steinsnyder, Pasco County Attorney
Bond Validations – The Public Finance Perspective
Lindsay Whelan, Kutak Rock, Tallahassee
Elections and Governing – The Board Counsel’s Perspective
Vivek Babar, Straley Robin Vericker, Tampa
Accreditation
General – 4.0
Certification – 4.0
City, County and Local Government Law, State & Federal Government & Administrative Practice, Condominium and Planned Land Development Law
Florida Legislative Forecast 2024 – January 4th at Noon
January 4, 2024
This annual CLE with two Capitol veterans provides an overview of legislative priorities for the upcoming 2024 Florida Legislative Session, with a particular focus on the major environmental and land use issues. Panelists discuss bills of interest that have been filed to date, as well as any other hot topics on the horizon.
SPEAKERS
Janet E. Bowman, Tallahassee
Gary K. Hunter, Jr., Tallahassee
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State & Federal Government & Administrative Practice
Vessel Anchoring: Regulatory Options and Limitations
December 14, 2023
This course explores the State’s regulatory scheme for vessel anchoring. For many years, the State has struggled to find effective tools to address prolonged vessel anchoring. Although tremendous strides have been made addressing “derelict” vessels, “liveaboard” vessels and “stored” vessels remain problematic. To that end, the Legislature recently offered otherwise preempted local governments a new tool to address the problem: Anchoring Limitation Areas. Additionally, the Legislature recently tasked the Florida Fish & Wildlife Conservation Commission (FWC) with performing a study on the impacts of stored vessels. This course examines the pros and cons of Anchoring Limitation Areas and identifies other potential avenues for local regulation. Findings and recommendations arising from FWC’s stored vessel study will also be discussed. Finally, practical pointers will be offered benefitting both regulatory and regulated stakeholders alike.
SPEAKERS
Introductory Remarks
Byron Flagg, Esq. Gainesville
Local Government Perspective
Brendan Mackesey, Esq. Clearwater
State (FWC) Perspective
Captain Travis Franklin, Tallahassee
Concluding Remarks and Q&A
Byron Flagg, Esq., Gainesville
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State & Federal Government & Administrative Practice, Admiralty and Maritime
Environmental and Land Use Law Section 2023 Update
June 23, 2023
Join us for an exciting seminar providing an update on recent cases and legislation affecting administrative, environmental, and land use law.
SPEAKERS
Welcome
Susan Roeder Martin, ELULS Past-Chair, Program Co-Chair
Nason Yeager Gerson Harris & Fumero, P.A., St. Petersburg and Boca
DOAH Case Law and Ethics Updates
Moderator, John Fumero, Nason Yeager Gerson Harris and Fumero, Boca
Hon. Francine M. Ffolkes, Florida Division of Administrative Hearings, Tallahassee
Cathy Sellers, Florida Division of Administrative Hearings, Tallahassee
Legislative Update: Environmental, Land Use Law and Ethics
Introductions by Robert Volpe, Holtzman Vogel, Tallahassee
Larry Sellers, Holland and Knight, Tallahassee
Janet Bowman, Nature Conservancy, Tallahassee
Update on PFAS Regulation and Litigation
Lauren D. Brooks, ELULS CLE Chair, Lewis Longman & Walker, P.A., Tallahassee
New Stormwater Rules
Susan Roeder Martin, ELULS Past-Chair, Nason Yeager Gerson Harris & Fumero, P.A., St. Petersburg
Rusty Payton, CEO, Florida Homebuilders Association, Tallehassee.
General Counsel – Hot Topics I
Emily Norton, General Counsel for Florida Fish and Wildlife Conservation Commission
Manatee Mortality and Gopher Tortoise Sites
Steven Hall, General Counsel for the Florida Department of Agriculture and Consumer Services
Agriculture and the Environment
General Counsel — Hot Topics II
Maricruz R. Fincher, General Counsel for the South Florida Water Management District
Chris Tumminia, General Counsel for the Southwest Florida Water Management District
Mary Ellen Winkler, General Counsel for the St. Johns River Water Management District
Justin Wolfe, General Counsel for the Florida Department of Environmental Protection
Lunch Session: Keynote Speaker
Representative Toby Overdorf
The New “Waters of theUnited States” Rule, What it Means for Florida
Tim Perry, Gardner Bist, Tallahassee
Closing Remarks
Lauren D. Brooks, ELULS CLE and Program Co-Chair, Lewis Longman & Walker, P.A., Tallahassee
Accreditation
General – 5.0
Certification – 5.0
Ethics – 1.0
City, County and Local Government Law, State & Federal Government & Administrative Practice
Affordable Housing Seminar – Land Use and Local Government Issues
May 25, 2023
Policymakers at all levels of government are grappling with how to address the affordable housing crisis. This seminar will focus on how local governments in Florida can utilize their zoning and land use authority to increase the supply of affordable housing. The seminar will also examine the intersection of land use regulation, financing, and development of affordable housing. Presenters will provide expertise on statutory land use tools for affordable housing, with a focus on recent legislative changes such as the Live Local Act (SB 102/HB 627 (2023)) and HB 1339 (2020). The seminar will cover local government incentive strategies, by-right zoning reforms, the use of publicly-owned land for permanently affordable housing, and how financing programs interact with affordable housing development. Affordable housing practitioners, land use attorneys, real estate developers, and local government planning professionals from around the state will share their experiences during the seminar.
SPEAKERS
Affordable Housing in Florida and the Live Local Act
Kody Glazer, Tallahassee
Whit Blanton, Clearwater
Elisabeth J. Dang, Orlando
Affordable Housing Development, HB 1339 Implementation
Michael Dema, St. Petersburg
Elizabeth Abernethy, St. Petersburg
Tyler Hudson, Tampa
Financing for Affordable Housing
Marisa Button, Tallahassee
Oscar Sol, Green Mills
Accreditation
General – 3.5
Certification – 3.5
City, County and Local Government Law, Real Estate
ELULS 2023 Florida Legislative Forecast
March 2, 2023
This annual CLE with two Capitol veterans provides an overview of legislative priorities for the upcoming 2023 Florida Legislative Session, with a particular focus on the major environmental and land use issues. Panelists discuss bills of interest that have been filed to date, as well as any other hot topics on the horizon.
SPEAKERS
Janet E. Bowman, Tallahassee
Gary K. Hunter, Tallahassee
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State & Federal Government & Administrative Practice
Short Term Rental of Residentially Zoned Properties in Florida
Thursday, February 17, 2022 | 12:00 pm – 1:00 pm
This program provides an overview of constitutional issues, local and state law, zoning regulations, and proposed legislation affecting short term rental and commercial use of residentially zoned properties.
SPEAKERS
Keith Brady, Keith Brady Law, South Pasadena
John A. Greco, City of Miami, Miami
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, Real Estate, State and Federal Government and Administrative Practice
Local Code Enforcement and State Enforcement Procedures
Thursday, January 20, 2022 | 12:00 pm – 1:00 pm
This course will be taught by two former General Counsels for the Florida Department of Environmental Protection. It will focus on the enforcement of environmental laws in Florida and will work through the process of enforcement actions from notice to litigation.
SPEAKERS
Frederick L. Aschauer, Jr., Lewis, Longman & Walker, P.A., Tallahassee
Robert Williams, Lewis, Longman & Walker, P.A., Tallahassee
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State and Federal Government and Administrative Practice
ELULS 2022 Florida Legislative Forecast
Thursday, January 6, 2022 | 12:00 pm – 1:00 pm
This annual CLE with two Capitol veterans provides an overview of legislative priorities for the upcoming 2022 Florida Legislative Session, with a particular focus on the major environmental and land use issues. Panelists discuss bills of interest that have been filed to date, as well as any other hot topics on the horizon.
SPEAKERS
Janet E. Bowman, The Nature Conservancy, Tallahassee
Gary K. Hunter, Jr., Holtzman & Vogel, PLLC, Tallahassee
Accreditation
General – 1.0
Certification – 1.0
City, County and Local Government Law, State and Federal Government and Administrative Practice
Impact Fees – Core Concepts and Evolving Law
Thursday, October 21, 2021 | 11:30 am – 1:00 pm
This program is designed to educate attorneys about the constitutional foundation of impact and development fees; the particular limitations on impact and development fees in Florida constitutional, statutory, and case law; and the impact of recent amendments to the Florida Impact Fee Act on public infrastructure planning and private development. This course will appeal to both public and private sector practitioners, and to those with any level of experience and knowledge regarding impact fee law. The program consists of two parts: first, a history of impact fees and an overview of the legal mechanisms, and second, an in-depth analysis of the Florida Impact Fee Act and interpreting case law.
SPEAKERS
Robert K. Lincoln, The Law Office of Robert K. Lincoln, P.A., Sarasota
Jerry Murphy, JD, AICP, CFM, University of Florida, Gainesville
Robert Volpe, Holtzman Vogel, Tallahassee
Accreditation
General – 1.5
Certification – 1.5
City, County and Local Government Law, State and Federal Government and Administrative Practice
Resiliency in Practice – Where the Water Meets the Road
Thursday, September 9, 2021 | 11:00 am – 1:00 pm
This session examines specific infrastructure impacts from sea level rise and the various challenges and opportunities with elevating roads and addressing drainage. There are spatial, regulatory and technology challenges associated with adapting roads and drainage infrastructure, but opportunities to be proactive in design and learn lessons from others that are leading the way. We also explore legal liability and answering the quintessential question for local governments: do I have to adapt? Finally, changing regulatory landscapes such as stormwater permitting/water quality treatment may impose new constraints or requirements that facilitate different types of treatment technologies to receive regulatory approvals.
SPEAKERS
Erin Deady, Erin L. Deady, P.A., Delray Beach
Rhonda Haag, Monroe County, Key Largo
Kelli Hammer Levy, Pinellas County Public Works, Clearwater
Thomas Ruppert, Florida Sea Grant, Gainesville
Accreditation
General – 2.5
Certification – 2.5
City, County and Local Government Law, State and Federal Government and Administrative Practice
Regional Water Quality Treatment and Water Quality Banks
Thursday, August 19, 2021 | 12:00 pm – 1:15 pm
Florida is desperately in need of better methods to improve Florida’s surface water quality. The rules and tools used over the past 30 years have not adequately protected Florida’s water quality. As the current systems designed to protect water quality age, those systems become increasingly less efficient. We need an alternative. Regional water quality treatment, including water quality banks and trading, provides an exciting new opportunity to improve Florida’s water quality utilizing green technology. This seminar will discuss water quality banks and trading, which are an effective alternative to the traditional on-site systems designed to protect surface water quality. Speakers will explain why current rules and systems are inadequate and why regional water quality treatment, including water quality banks and trading, avoids the current inadequacies. They will discuss water quality banking and trading laws in other states. Lastly, speakers will provide examples of successful banks in other states. Specifically, the seminar will address:
- Why regional water quality treatment, including water quality banks and trading, should be added to Florida’s tool box to improve water quality;
- A guide for water quality banks and trading that already exists in Florida’s mitigation banking program;
- The legal framework for WQB and trading in other states;
- Examples of success in other states;
- SWFWMD success story with Regional Water Quality Treatment.
SPEAKERS
Michael Hare, Resource Environmental Solutions, Lafayette, LA
Dave Kramer, Southwest Florida Water Management District, Brooksville
Shannon R. Varner, Troutman Pepper, Richmond, VA
Susan Roeder Martin, Nason Yeager Gerson & Fumero, P.A., Boca Raton
Accreditation
General – 1.5
Certification – 1.5
City, County and Local Government Law, State and Federal Government and Administrative Practice