34th Annual Land Use Institute / Spring Meeting of State & Local Government Law Section

Schedule

Le Meridien | Tampa, Florida

Thursday, April 23, 2020

7:30 AM - 8:30 AM | Registration and Continental Breakfast

8:30 AM - 9:00 AM | Welcome and Course Overview

Speakers:
Martha Harrell Chumbler, Carlton Fields, P.A., Tallahassee, FL and Chair, ABA State and Local Government Law Section
Frank Schnidman, former Distinguished Professor of Urban and Regional Planning; former John M. DeGrove Eminent Scholar; Chair, Florida Atlantic University; and, ABA Section of State and Local Government Law 2019 Lifetime Achievement Awardee, Deland, FL

9:00 AM - 10:45 AM | Update on Planning, Land Use, and Eminent Domain Decisions

A panel discussion of recent court decisions, providing a common foundation for all registrants to build a better understanding of the current state of land use law. Among the subject areas where cases will be addressed (subject to change) are: Affordable Housing/Housing the Homeless; Climate Change; Comprehensive Planning; Drones and Un-maned Aircraft; Eminent Domain; Exactions; First Amendment-Signs; Historic Preservation; Impact Fees; Moratoria; Personal Transportation Vehicles; Pre-emption; Public Trust; Religious Land Use, Short-Term Rentals; Takings; Urban Agriculture; Variances; Vested Rights and Wetlands.

Speakers:
Amy Brigham Boulris, Gunster, Miami, Florida
Hon. Peter Buchsbaum (ret.), New Jersey Superior Court (ret.), Trenton, NJ
Brian J. Connolly, Otten Johnson Robinson Neff + Ragonetti, PC, Denver, CO
W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC
Wendie L. Kellington, Kellington Law Group, Lake Oswego, OR
Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA
Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI

Moderator:
Patricia E. Salkin, Provost for the Graduate and Professional Division, Touro College, New York, NY

10:45 AM - 11:00 AM | Break

11:00 AM - 12:00 PM |Annual Richard F. Babcock Faculty Address[1]

Overview of National and International Best Practices to Address Climate Change and Sea Level Rise
James F. Murley, Chief Resiliency Officer (CRO) for Miami Dade County (former Chair of the Florida Energy and Climate Commission, and former Secretary of the Florida Department of Community Affairs)

Commentator(s):
Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL

Introduction: 
Frank Schnidman, Chair, Land Use Institute

[1] Richard F. Babcock was one of the twentieth century's greatest land use attorneys, and the first Chair of the predecessor to the Land Use Institute. In his honor, each year a selected faculty member presents a major address on a topic of substantial current interest.

12:00 PM - 12:15 PM | Lunch Service

12:15 PM - 1:30 PM | Hot Topics Roundtables (non-CLE)

Each table will have a sign indicating the topic to be discussed, and the faculty member to lead the discussion of that topic. The course materials will include a brief outline of the “One Big Thing” that will be the focus of the discussion. Seating capacity allowing, participants are free to select the table topic of their choice.

Affordable Housing                    
Hon. Peter Buchsbaum (ret.); Victor M. Marquez

Eminent Domain                         
Amy Brigham Boulris; Robert H. Thomas

SLAPP Suite Update
                 
(TBD)

First Amendment-Signs             
Brian J. Connolly

Nick v. Twp. of Scott                  
Ronald L. Weaver

Redevelopment/Opportunity Zones                                        
Paul Boudreaux

Housing the Homeless             
Wendie L. Kellington; Dean J. Trantalis

Sustainability/Resilience           
Sarah Adams-Schoen; Jessica Ann Bacher

The Future of Zoning                
Michael Allen Wolf

Other topics                              
(TBD, as needed)

Coordinator:
Patricia E. Salkin, Provost for the Graduate and Professional Division, Touro College, New York, NY

1:30 PM  -2:45 PM | Concurrent Sessions

Concurrent sessions provide a detailed analysis covering both traditional “nuts and bolts” and cutting-edge critical practice areas. Faculty members summarize their prepared materials, overview key aspects of the topic, and provide ample time for participant questions

Nuts and Bolts of Land Use Practice: Amending the Comprehensive Plan

Reviewing and revising the comprehensive plan is a task undertaken by local governments on a regular periodic basis as they work to ensure that the plan continues to guide the future actions of their community. But the need for amendments also arises on a situational basis. Faculty members provide some ‘nuts and bolts’ guidance on what to be aware of when approaching the amendment process (including, its oversight as well as who should do the work, the level and style of public participation and the implementation).

Speakers:
Michael Allen Wolf, Richard E. Nelson Eminent Scholar Chair in Local Government, Professor of Law, University of Florida, Gainesville, FL

Moderator: (TBD)

Regulating Personal Transportation
Recent years have seen an explosion of personal transportation devices (PTDs) or “micromobility” as electric scooters, hoverboards, electric skateboards and more (as well as greater cycling) in urban areas have increased pressure on public roadways. Recent reviews of state regulations show that there is no “normal” style of regulation of PTDs (the same PTD is regulated differently from state to state) and often they are not regulated specifically but subject solely to the regulations of other transit modes. This panel explores the inconsistencies in regulating personal transportation alongside the need to balance all road users in a community.

Speakers:
Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA
Dean J. Trantalis, Mayor, City of Fort Lauderdale, FL

Moderator: 
Dwight H. Merriam, Attorney at Law, Hartford, CT

2:45 PM -3:00 PM | Break

3:00 PM - 4:15 PM | Concurrent Hot Topics Sessions

Concurrent sessions provide a detailed analysis covering both traditional “nuts and bolts” and cutting-edge critical practice areas. Faculty members summarize their prepared materials, overview key aspects of the topic, and provide ample time for participant questions.

Nuts and Bolts of Land Use Practice: Seeking and Dealing with Variance and Rezoning Requests
The ability of owners to change the zoning of their land or deviate from zoning requirements require familiarity with a jurisdiction’s rules and regulations; however, some key ‘nuts and bolts’ are provided by this panel in terms of typical approaches, issues of which your client needs to be advised and some of the consequences of different zoning changes.

Speakers:
W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC
Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL

Moderator:
Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA

Short-Term Rentals and Accessory Dwelling Units
Recent legislation in California aims to supersede local law and encourage the creation of accessory dwelling units (ADUs) by prohibiting the requirements on minimum lot size. With laudable goals of encouraging people and developers to build more small homes and supporting the sharing economy in tourism, tensions arise for local governments as populations become more dense and pressure on public services increases from transient and larger populations.

Speakers:
Paul Boudreaux, Professor, Stetson University College of Law, Gulfport, FL
Victor M. Marquez, CKR Law, LLP, San Francisco, CA
Dean J. Trantalis, Mayor, City of Fort Lauderdale, FL

Moderator:
Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI

4:15 PM - 4:30 PM | Break

4:30 PM - 6:15 PM |  Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making

The Federal government continues to encroach upon local government decision-making through a variety of policies, programs and Executive Orders. This closing session presents major current issues as they relate to environmental protection and real estate development at the local level, including the roll-back of regulations in selected programs. Among the topics to be discussed in detail from a regulatory and policy perspective (subject to change) are: Climate Change/Sea Level Rise; Drones and Un-maned Aircraft; Endangered Species; Hazardous Materials; Historic Preservation; Housing; Hydraulic Fracturing; National Flood Insurance Program; NEPA; Pre-emption; Religious Land Use; Opportunity Zones; Water and Wetlands.

Speakers:

Sarah Adams-Schoen, University of Oregon School of Law, Eugene, Oregon
Brian J. Connolly, Otten Johnson Robinson Neff + Ragonetti, PC, Denver, CO
Wendie L. Kellington, Kellington Law Group, Lake Oswego, OR
Dwight H. Merriam, Attorney at Law, Hartford, CT
Erica Levine Powers, Research Scholar, Department of Geography and Planning State University of New York at Albany (SUNY), Albany, NY
Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA
Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI

Moderator:
W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC

6:15 PM - 6:30 PM | Concluding Comments and Invitation to the 2021 Land Use Institute

Frank Schnidman, Chair, Land Use Institute

6:30 PM | Adjournment

6:30 PM - 7:30 PM | Joint Welcome Reception

Join attendees of both the Land Use Institute and the Spring Meeting of the State and Local Government Law Section, as well as other co-sponsor organizations.

Friday, April 24, 2020

7:00 AM - 8:00 AM | Registration and Continental Breakfast

8:00 AM - 9:00 AM | Electronic Communications: Navigating the Ethical Potholes

The pervasive use of electronic communications and social media creates potential ethical dilemmas for attorneys, particularly in government practice or whose practice involves communications with government entities.  The panel will discuss some if the risks associated with the use of social media and electronic communications both with clients and other attorneys, and offer practical advice for avoiding the ethical potholes.

Speaker(s):
Mark Herron, Messer Caparello PA, Tallahassee, FL
Albert J. Hadeed, Flagler County Attorney, Bunnell, Florida

Moderator:
Michael Patrick Donaldson, Carlton Fields PA, Tallahassee, FL

9:00 AM -9:15 AM | Break

9:15 AM - 10:30 AM | Government Employees and Social Media: Are Posts Protected Speech?

The proliferation of social media has caused new employment law issues for educational and governmental institutions.  Us of social media by employees presents numerous issues, including the protection of employees’ 1st Amendment rights, potential retaliatory action by government or educational employers, and the need for workplace policies establishing reasonable parameter for the use of social media in the workplace. The panel will discuss the case law, as well as offering pointers for the development of social media policies.

Speakers:
Gregory Alan Hearing, Gray Robinson PA, Tampa, FL
Daiquiri Steele, Forrester Fellow, Tulane Law School, New Orleans, LA

Moderator:
Donald David Slesnick II, Slesnick & Casey LP, Coral Gables, FL

10:30 AM - 10:45 AM | Break

10:45 AM - 12:15 PM |Grift, Graffiti, and Ransoms: Cybersecurity for State & Local Government

This panel of cybersecurity and incident response specialists will address the threats to business continuity and data security facing municipalities and other local and state governments and government instrumentalities.  Particular attention will be given to the special problems of critical infrastructure and working with sunshine and public records laws.  The panel will further address efforts to prevent data security and business continuity events, techniques for responding to and mitigating the impacts of such events, and some of the legal framework around liability, including sovereign immunity.

Speakers:
Serge Jorgensen, The Sylint Group, Sarasota, FL
Hoyt L. Kesterson II, Avertium, Phoenix, AZ
Lai Sun Yee, FEMA Region II, FEMA, Dep’t of Homeland Security, New York, NY

Moderator:
John Ernest Clabby, Shareholder, Carlton Fields PA, Tampa, FL

12:15 PM - 1:15 PM | Lunch with Featured Speaker Councilman Luis Eduardo Viera, City of Tampa, FL

1:15 PM - 1:30 PM | Break

1:30 PM - 2:30 PM | Government Transparency & Open Meetings: Is It a Meeting When No One’s in the Same Room?

One of the fundamental tenets of government transparency is the requirement that government entities headed by collegial bodies meet in the open, with the opportunity for the public to attend, and sometimes even participate.  However, with the advent of virtual meetings, social media, and other digital methods of “meeting,” the traditional model of a town hall meeting often no longer occurs.  The panel will discuss the application of government transparency laws to such virtual meetings, including offering warnings about those internet-enabled communications that may be subject to open meetings laws.

Speakers:
Donna Y. Frazier, Caddo Office of the Parish Attorney, Shreveport, LA
Patricia Gleason, Special Counsel for Open Government, Office of Florida Attorney General, Tallahassee, FL
Diego (“Woody”) Rodriguez, General Counsel, Orlando Expressway Authority, Orlando, FL

Moderator:
Martha Harrell Chumbler, Carlton Fields PA, Tallahassee, FL

2:30 PM - 2:45 PM | Break

2:45 PM - 4:00 PM | Monitoring Student Social Media: Necessary for School Security or an Invasion of Privacy?

One of the legislative reactions to the shooting at the Marjory Stoneman Douglass High School, in Parkland, FL, was a bill authorizing the Florida Department of Education to contract for a system that school districts in Florida may use to monitor the social media use of their students.  The panel will discuss both the implementation of that system, as well as some of its consequences.

Speakers:
Walter J. Harvey, General Counsel, Dade County Public Schools, Miami, FL
David A. Koperski, General Counsel, Pinellas County Public Schools, St. Petersburg, FL
Amelia Vance, Special Counsel & Director of Education Privacy, Future of Privacy Forum, Washington, DC,

Moderator:
Erika Danielle Robinson, Shelby County Public Schools, Memphis, TN

4:00 PM - 4:15 PM | Break

4:15 PM - 5:30 PM | Emerging Technologies (Section of Science & Technology Law)

New technology will affect the law. Three panelists will discuss: how 5g will transform what you do while mobile but introduce infrastructure issues; how important it will be for you to be able to explain what your new and wonderful AI application is actually doing; and how and when quantum computing is going to disrupt how we secure things.

Speakers:
Theodore Franklin Claypoole, Womble Bond Dickinson, Atlanta, GA
Randy Vito Sabbett, Cooley LLP, Washington, DC

Moderator:
Hoyt L. Kesterson II, Avertium, Phoenix, AZ

5:30 PM | Adjournment

Saturday, April 25, 2020

7:00 AM - 5:00 PM | Section Registration & Hospitality

7:00 AM - 8:30 AM | Breakfast Buffet

8:00 AM - 9:00 AM | Executive Committee Call

9:00 AM - 10:00 AM | Publications Oversight Board Call

10:00 AM - 11:00 AM | ULAB Call

11:00 AM - 12:00 PM | Land Use Committee Meeting Call

12:00 PM - 1:00 PM | Substantive Committee Meetings

  • Attorneys General & Department of Justice Issues
  • Diversity Law
  • Emergency Management
  • Environmental and Energy
  • Ethics
  • Government Operations
  • International
  • Judicial
  • Native American Tribal Law
  • Public Contract
  • Public Education
  • Public Finance
  • Sharing
  • Young Lawyers

1:00 PM - 2:00 PM | CAB

2:00 PM - 5: 00 PM | Ybor City Tour

Enjoy a guided tour, departing from the Le Parker Meriden to Centennial Park, where Grand Master Cigar Maker, Wallace Reyes, Ph.D. will guide us through Ybor City and conclude at our dinner location, the Columbia Restaurant. There is no charge, but RSVP is required.

5:30 PM | Dinner and Flamenco at Columbia Restaurant

2117 E 7th Ave
Tampa, FL
813.248.4961
colybor@columbiarestaurant.com

The Hernandez Gonzmart family opened this landmark Columbia Restaurant in Tampa's historic Ybor City in 1905. Today, it's Florida's Oldest Restaurant and the world's largest Spanish restaurant.

Guests enjoy many of the same century-old family recipes that have made the Columbia world famous, entrees such as Paella "a la Valenciana," Red Snapper "Alicante," Pompano en Papillot, Roast Pork "A la Cubana" and Filet Mignon "Chacho."

This is a self-pay event, but RSVP is required to guarantee the group reservation.

Sunday, April 26, 2020

7:45 AM - 10:00 AM | State and Local Government Law Council Breakfast Meeting