Land use professionals must deal with laws that are complicated - and which change frequently. Recent updates in developmental and environmental policies have significantly affected the land use regulations that you need to keep track of so you can advise your clients wisely. Changes in site location, zoning restrictions, and environmental matter such as wetland development all affect land use options. Do you have the knowledge you need to work through these issues?

This in-depth briefing provides invaluable legal information on land use transactions and developments, with strategies you can use in your daily work. More easily obtain approval for your projects from state oversight bodies. Review important environmental laws related to property development to avoid violations. Deal with potential ethical concerns before they become a problem. Get an update on land use cases, statutes, and trends you need to be aware of for your next case. Order today!

1. Overview of Development and Land Use Law
2. Avoiding Surprises During the Planning Process
3. Obtaining Land Use Permits and Approvals
4. Ethical and Practical Issues in Land Use
5. Environmental Issues in Property Development
6. Recent Trends and Municipal Government Perspectives

Continuing Education Credits:   

* denotes specialty credits

1. OVERVIEW OF DEVELOPMENT AND LAND USE LAW
   9:00 - 10:00, Richard E. Davis
   1. Adhering to Statutory Standards and Creating Compliant Procedures
   2. Factoring in Recent Case Law
   3. How Legislative Update May Affect Your Cases
2. AVOIDING SURPRISES DURING THE PLANNING PROCESS
   10:15 - 11:15, Richard E. Davis
   1. A Detailed Look at State-Specific Planning Policies
   2. The Impact Planning Board Jurisdiction Has on Your Clients
   3. Subdivision Regulations You Need to Be Aware Of
   4. Interplay of Zoning and Subdivision
   5. Scope of Planning Board Authority Under Site Plan Review
   6. What Works When Handling Hearings, Meetings and Records
   7. Clear Up Confusion About Impact Fees and Exactions
   8. Procedures for Conditional Approvals
   9. Your Responsibilities During Judicial Challenges and Appeals
3. OBTAINING LAND USE PERMITS AND APPROVALS
   11:15 - 12:15, Donald E. Hemke
   1. Substantive Standards - Rezonings, Conditional Uses, Variances, Special Uses, Unusual Uses, Special Exceptions, Nonconforming Uses, Plat/Site Approvals, and Planned unit Developments
   2. Applying for Land Use Permits and Approvals -- Working With the Government Staff and Attorneys; Working with Proponents and Opponents; Processing the Application through Commissions and Councils
   3. Judicial Review of Decisions on Land Use Applications
   4. State Constitutional, Federal Constitutional and Other limitations on Local Governmental Decisions on Land Use Applications.
4. ETHICAL AND PRACTICAL ISSUES IN LAND USE
   1:15 - 2:15, Donald E. Hemke
   1. Statute and Common Law Limitations; Ex Parte Communications; Contract Zoning
   2. Working in "Quasi-Judicial," Rather than Judicial, Environment
   3. Effectively and Ethically Using Experts
   4. Effectively Using Chapter 119, the Florida Public Records Act
   5. Any Chance of Recovering Attorneys Fees?
5. ENVIRONMENTAL ISSUES IN PROPERTY DEVELOPMENT
   2:15 - 3:15, Leigh Kellett Fletcher
   1. Introduction -- Scope of Land Use Controls
   2. Common Concerns Related to Regulation of Land Uses in Hazardous Areas
   3. Open Space Planning - What Your State Allows
   4. Regulation of Land Use in Environmentally Sensitive Areas
   5. Substantive Environmental Laws With Incidental Land Use Effects
   6. Conscientiously Handling Water Issues in Development
   7. Successful Planning for Particular Activities
      1. Avoiding Mistakes in Solid Waste Facility Siting
      2. Proper Hazardous Waste Facility Siting
   8. Brownfields Redevelopment Overview
      1. Complying With Federal Programs
      2. State Programs: What You Need to Know
6. RECENT TRENDS AND MUNICIPAL GOVERNMENT PERSPECTIVES
   3:30 - 4:30, Leigh Kellett Fletcher
   1. The Most Effective Way to Deal With Planned Unit Developments
   2. What to Expect of a Design Review
   3. The Inherent Challenges in Historic Preservation
   4. Overcoming Challenges Presented by Wireless Telecommunications Facilities

RICHARD E. DAVIS is the principal partner in Richard E. Davis, P.A. with offices in downtown Tampa. Mr. Davis has more than 34 years experience in land use practice in Florida. He is board certified in City, County and Local Government law and serves as a certified Circuit Civil Mediator in land use matters throughout Florida. Mr. Davis began his career as a land use lawyer in the Hillsborough County Attorney's Office. He served as the City of San Antonio City Attorney for over 10 years. Mr. Davis is recognized as an expert in developments of regional impact. He is a past chairman of the Tampa Downtown Partnership and still serves as the chair of the Special Services District Committee. Mr. Davis is listed as a Florida Superlawyer and as the Bar Registry of Preeminent Lawyers. He is a frequent CLE lecturer in land use matters and represents both private and government clients. Mr. Davis earned his B.A. degree from the University of South Florida and his J.D. degree from Stetson University.

LEIGH KELLETT FLETCHER is a shareholder in the law firm Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., where her main areas of practice are land use, environment and government affairs. She works with developers, lenders and government agencies structuring public/private partnerships and obtaining entitlements and environmental permits to facilitate redevelopment of contaminated properties, blighted neighborhoods and distressed projects. Ms. Fletcher also assists clients with due diligence, land acquisition, land use entitlement and development infrastructure financing. She is a certified LEED AP. Ms. Fletcher represents clients in negotiation of master agreements, development agreements, purchase and sale agreements, tax increment and other funding agreements related to Brownfield, redevelopment, and infill projects. She also represents clients in negotiations and hearings before local governments, state, and federal agencies related to environmental and land use permitting and development approvals. Ms. Fletcher is a member of the Florida Redevelopment Association (Regional Representative, Tampa Bay region), Florida Brownsfields Association (Legislative Committee), ICSC, the Virgin Islands Bar Association (CLE Committee), American Bar Association (SEER International Environmental Law, SEER Site Remediation, SEER Endangered Species, Environmental Transactions and Brownfields, and Real Property Trust and Estate Law committees), and Hillsborough County Bar Association (RPPTL and ELUS sections). She earned her J.D. degree, cum laude, from Florida State University, her M.P.A. degree from Florida State-School of Public Administration and her B.A. degree, cum laude, from Wellesley College.

DONALD E. HEMKE is a shareholder with Carlton Fields in Tampa, where his experience includes zoning/land use/environmental, governmental and construction litigation. Prior to joining Carlton Fields, he served as a law clerk for Hon. John W. Peck of the 6th U.S. Court of Appeals. Mr. Hemke has tried land use/zoning cases, including Section 1983 civil rights cases, for landowners in federal court. In addition to litigation, he often is involved in obtaining government permits and licenses. Mr. Hemke also has represented owners, suppliers, contractors and subcontractors in construction cases involving delay, inefficiency, hindrance and differing site condition claims. He speaks and writes frequently on zoning and construction law. Mr. Hemke is a member of the American and Hillsborough County bar associations and The Florida Bar. He has served as an arbitrator for the U.S. District Court for the Middle District of Florida and the American Arbitration Association. Mr. Hemke earned his J.D. degree from the University of Virginia Law School and his B.A. degree, cum laude, from Vanderbilt University.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com