February 12, 2020

2020 Spring Meeting & Land Use Institute - Tampa, FL

Le Meridien, Tampa, FL

Le Meridien, Tampa, FL

Thursday, April 23 Friday, April 24, 2020

Le Meridien Hotel
601 N Florida Ave
Tampa, FL

Schedule*

Thursday, April 23 — Day 1: Land Use Institute

7:30 – 8:30am
Registration & Continental Breakfast

8:30am – 9am
Welcome
Martha Harrell Chumbler, Carlton Fields PA, Chair, ABA State & Local Government Law Section, Tallahassee, FL
Course Overview
Frank Schnidman, Former Distinguished Professor, Urban & Regional Planning, Deland, FL

9 – 10:45am
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
• Wetlands
Moderator
Patricia E. Salkin, Provost — Graduate and Professional Division, Touro College, New York, NY
Panel
Amy Brigham Boulris, Gunster, Miami, FL
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

10:45 – 11am
Break

11am – Noon
Annual Richard F. Babcock Faculty Address
"Overview of National and International Best Practices to Address Climate Change and Sea Level Rise”
Introduction
Frank Schnidman, Chair, Land Use Institute, Deland, FL
Panel
James F. Murley, Chief Resiliency Officer (CRO), Miami Dade County
Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL

Noon – 1:30pm
Hot Topics Luncheon Roundtables
Each luncheon 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. Township 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 — Graduate and Professional Division, Touro College, New York, NY

1:30 – 2:45pm
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.
Session A
Nuts and Bolts of Land Use Practice: Amending the Comprehensive Plan
Michael Allen Wolf, Richard E. Nelson Eminent Scholar Chair in Local Government — Professor of Law, University of Florida, Gainesville, FL
Session B
Regulating Personal Transportation
Moderator
Dwight Merriam, Attorney at Law, Hartford, CT
Panel
Deborah Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA
Dean J. Trantalis, Mayor, City of Fort Lauderdale, FL

2:45 – 3pm
Break

3 – 4:15pm
Concurrent Hot Topic 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.
Session A
Nuts and Bolts of Land Use Practice: Seeking and Dealing with Variance and Rezoning Requests
Moderator
Deborah Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA
Speakers
W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC
Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL
Session B
Short-Term Rentals and Accessory Dwelling Units
Moderator
Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI
Panel
Paul Boudreaux, Professor, Stetson University College of Law, Gulfport, FL
Victor M. Marquez,  Partner, Squire Patton Boggs, San Francisco, CA
Dean J. Trantalis, Mayor, City of Fort Lauderdale, Fort Lauderdale, FL

4:15 – 4:30pm
Break

4:30 – 6:15pm
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
Moderator
W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC
Panel
Sarah Adams-Schoen, University of Oregon School of Law, Eugene, OR
Brian J. Connolly, Otten Johnson Robinson Neff + Ragonetti, PC, Denver, CO
Wendie L. Kellington, Kellington Law Group, Lake Oswego, OR
Dwight Merriam, Attorney at Law, Hartford, CT
Erica Levine Powers, Chair-Elect, Section of State & Local Government Law, Albany, NY
Deborah Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA
Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI

6:15 – 6:30pm
Concluding Comments & Invitation to the 2021 Land Use Institute
Frank Schnidman, Chair, Land Use Institute, Deland, FL

6:30pm
Adjournment

6:30 – 7:30pm
Joint Welcome Reception — Location: TBD
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 — Day Two: Spring Meeting of State & Local Government Law Section

7 – 8am
Registration & Continental Breakfast

8 – 9am
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.
Moderator
Michael Patrick Donaldson, Carlton Fields PA, Tallahassee, FL
Panel
Mark Herron, Messer Caparello PA, Tallahassee, FL

9 – 9:15am
Break

9:15 – 10:45am
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 inf rastructure 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.
Moderator
John Ernest Clabby, Shareholder, Carlton Fields PA, Tampa, FL
Panel
Serge Jorgensen, The Sylint Group, Sarasota, FL
Hoyt L. Kesterson II, Avertium, Phoenix, AZ
Lai Sun Yee, Federal Coordinating Officer — FEMA Region II, FEMA, Department of Homeland Security, New York, NY

10:45 – 11am
Break

11am – 12:15pm
Government Employees & 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.
Moderator
Donald David Slesnick II, Slesnick & Casey LP, Coral Gables, FL
Panel
Gregory Alan Hearing, Gray Robinson PA, Tampa, FL
Daiquiri Steele, Forrester Fellow, Tulane Law School, New Orleans, LA

12:15 – 1:15pm
Lunch with Featured Speaker
Councilman Luis Eduardo Viera, Chairman — Tampa City Council, Tampa, FL

1:15 – 1:30pm
Break

1:30 – 2:30pm
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.
Moderator
Martha Harrell Chumbler, Carlton Fields PA, Tallahassee, FL
Panel
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

2:30 – 2:45pm
Break

2:45 – 4pm
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.
Moderator
Erika Danielle Robinson, Shelby County Public Schools, Memphis, TN
Panel
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

4 – 4:15pm
Break

4:15 – 5:30pm
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.
Moderator
Hoyt L. Kesterson II, Avertium, Phoenix, AZ
Panel
Theodore Franklin Claypoole, Womble Bond Dickinson, Atlanta, GA
Randy Vito Sabbett, Cooley LLP, Washington, DC

5:30pm
Adjournment

Saturday, April 25

7 – 5pm
Section Registration & Hospitality

7 – 8:30am
Breakfast Buffet

8 – 9am
Executive Committee Call

9 – 10am
Publications Oversight Board Call

10 – 11am
ULAB Call

11am – Noon
Land Use Committee Meeting Call

Noon – 1pm
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 – 2pm
CAB

2 – 5pm
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.

5:30pm
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 self-pay event, but RSVP is required to guarantee the group reservation.

Sunday, April 26

7:45 – 10am
State and Local Government Law Council Breakfast Meeting

* Tentative schedule subject to change.

Register

Register online today!

Hotel

Le Meridien
601 N Florida Ave
Tampa, FL

Reserve your room online or call 855.811.0049 and refer to the ABA State & Local Government Law Section Spring Meeting to obtain the group rate of $209/ night + taxes and fees. Deadline is Wednesday, April 8.

Reserve your room today!

Additional Details

Find additional details including MCLE, air travel and rental car information.