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ELULS

The Environmental and Land Use Law Section of The Florida Bar

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Aftermarket Options

Environmental Enforcement a Balanced Perspective

January 9, 2024

Environmental enforcement focused on wetlands and related issues presented by attorneys from the private and public sectors. 

Elizabeth Fernandez, Tampa

Accreditation
General – 1.0
Certification – 1.0

City, County and Local Government Law, State & Federal Government & Administrative Practice

PURCHASE downloadable audio



Florida’s Agricultural and Agritourism Laws

December 19, 2024

This course will provide an immersive look at Florida’s agricultural and agritourism laws and their interaction with state and local government regulations. The course will be presented in a fun and engaging way by Steven Hall, the Executive Director of the CRAFT Foundation and former General Counsel of the Florida Department of Agriculture, and Robert Williams of Lewis, Longman, and Walker, who represents agricultural clients statewide. Participants will learn about the legal framework that protects Florida agricultural producers and the latest case law on the topic. 

Steven Hall
Robert Williams

Accreditation
General – 1.0 / City County & Local Government Law Certification – 1.0

PURCHASE online seminar



Practice Tips from the DOAH Judges

December 3, 2024

Three Administrative Law Judges will provide practice tips to help improve your skills in final hearings before DOAH. You know what the Florida Administrative Code requires, now learn how to better present your case with these tips from the DOAH Judges. 


Cathy Sellers, Suzanne VanWyk, and Hetal Desai 

Accreditation
General – 1.0

PURCHASE downloadable audio



Florida Site Contamination: The Legal Fundamentals

November 14, 2024

This course is designed to provide early-career attorneys with the fundamental legal concepts and resources on contamination law in Florida. The speakers will explain what constitutes contamination and will discuss the overall regulatory structures that govern, pertinent statutes and regulations, and acronyms and terms. An extended Q&A will be provided for attendees to ask questions. 

Florida Site Contamination: The Legal Fundamentals
Robyn Neely, Orlando, FL 
Michael Larson, Tallahassee, FL 

Accreditation
General – 1.0

PURCHASE online seminar



Metropolitan Planning Organization Basics

August 15, 2024

Federal law mandates the establishment of a Metropolitan Planning Organization (“MPO”) for each urbanized area with a population of more than 50,000. MPOs are tasked generally with carrying out a continuing, cooperative, and comprehensive multimodal transportation planning process for the urbanized areas they cover. This presentation will provide a broad overview of the legal structure, function, and impact of MPOs in Florida. 

Maria White, Pinellas County Florida

Accreditation
General – 1.0

PURCHASE downloadable audio



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

PURCHASE video webcast

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

PURCHASE downloadable audio

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

PURCHASE downloadable audio

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

PURCHASE downloadable audio
Image of lake

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

PURCHASE downloadable audio

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

PURCHASE downloadable audio

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

PURCHASE downloadable audio

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

PURCHASE downloadable audio

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

register FOR LIVE PROGRAM
PURCHASE CD/DVD

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

REGISTER FOR THE LIVE PROGRAM
PURCHASE CD/DVD

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

PURCHASE ON-DEMAND
PURCHASE CD

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

PURCHASE ON-DEMAND
PURCHASE CD

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

PURCHASE ON-DEMAND
PURCHASE CD/DVD

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:

  1. Why regional water quality treatment, including water quality banks and trading, should be added to Florida’s tool box to improve water quality;
  2. A guide for water quality banks and trading that already exists in Florida’s mitigation banking program;
  3. The legal framework for WQB and trading in other states;
  4. Examples of success in other states;
  5. 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

PURCHASE ON-DEMAND
PURCHASE CD/DVD
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