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Government Law and Consulting Practice Highlight: The Government Law and Consulting Practice Group has released the 2009 Florida Legislature Post-Session Report. The report details significant bills that passed during the recently adjourned 2009 Regular Session and Special Session of the Florida Legislature. The report is categorized by subject, and is meant to provide a general overview of legislative actions that are likely to be of interest to clients and the public.
There is no individual or business entity that is not touched by, regulated, or otherwise shaped to some degree by government. The right to petition government and participate in the process of law making is, of course, as old and vital to democracy as is the U.S. Bill of Rights that guarantees it.
The lawyers and consultants of Carlton Fields’ Government Law and Consulting practice are highly experienced in dealing with all levels of government on behalf of our clients. We have a thorough understanding of government’s inner workings -- and an extensive network of personal and professional relationships within government to address effectively a wide variety of legislative, administrative, procedural, and political issues.
The result is a legal resource for strategic planning and counseling in governmental affairs, lobbying, regulatory and administrative law that is second to none.
1983 Actions/Civil Rights Litigation
We have substantial experience in prosecuting and in defending civil rights litigation in connection with land use, zoning, and property disputes. We have tried to jury verdict cases involving property rights under the Civil Rights Act, 42 USC 1983, in both state and federal court. We have successfully pressed landowners' claims under the due process clause, the equal protection clause, and the First Amendment. Often, a civil rights claim will be beneficial to a property owner because, in addition to obtaining injunctive relief, the property owner may obtain compensatory damages and attorneys fees. Carlton Fields attorneys are frequent lecturers and authors on civil rights in connection with land use, zoning, and property issues. Return to Top
Administrative Law
We assist clients with rule promulgation, rule challenges and other administrative litigation, including administrative proceedings involving challenges to licenses, permits, and comprehensive plan amendments and administrative bid protests. We also provide advice on non-rule policy issues. Return to Top
Affordable Housing
Lawyers at Carlton Fields are familiar with the numerous state, local and federal housing agencies that are involved in affordable housing. Over the past decade, we have represented a variety of clients in the planning and development of affordable housing projects throughout the State. The practice group works with other practice groups to provide experience in the areas of Real Estate Development, Land Use Planning and Environmental Regulation. In addition, the lawyers in this practice group assist clients in the preparation, review and defense of various applications for funding before the Florida Housing Finance Corporation, including Low Income Housing Tax Credit Applications and State Apartment Incentive Loan Applications. Representative affordable housing development projects include:
Bid & Public Procurement
Members of the firm’s Government Practice Group have extensive experience advising and representing vendors and contractors in connection with seeking and negotiating contracts with state and local government entities. We guide clients through all phases of the public procurement process, from providing information to government entities during the development of procurement solicitation documents, assisting public contractor clients in the preparation of their responses to competitive procurements, defending and challenging awards through both administrative and judicial proceedings, participating in the negotiation of contract terms, and providing advice and representation of clients in matters regarding contract compliance. In addition, we both represent certain public entities in defending award decisions and provide legal advice to such entities regarding the implementation of procurement policies and procedures designed to minimize the likelihood of future procurement litigation. Return to Top
Business & Professional Regulation
Numerous businesses and professions in the State of Florida require licensure, including the construction, engineering, architecture, real estate, condominium, and alcoholic beverage industries and others. The lawyers and government consultants of Carlton Fields have experience working at the highest levels within the state agencies regulating these businesses. We have experience representing a diverse clientele in the defense of government initiated disciplinary actions based on alleged regulatory violations. We also routinely guide our clients through the complex web of requirements necessary to obtain professional or business licensure in Florida. Our statewide network of attorneys and diverse practice groups also allows us to assist our clients in their efforts to be proactive about tax, corporate form, real estate and other implications of contemplated business activities. Return to Top
CDDs
Our firm has substantial experience in assisting clients in establishing Community Development Districts (CDD) and in representing CDD's in all phases of their activities. Additionally, our attorneys are familiar with other aspects of special district laws. Return to Top
DRI (Development of Regional Impacts) /FQD’s
We have extensive experience in assembling knowledgeable consultants to prepare impact analyses for any type of development. We have coordinated and/or assisted clients in preparing and presenting over 200 DRIs and FQDs in many local governments in all areas of Florida. Because of our in-house certified planner experience, we have been very successful in supervising and shepherding comprehensive plan amendments that support DRI and FQD applications through the local and State approval process. We also deal extensively with aggregation issues and Binding and Clearance letters as well as other issues regarding vesting of development rights. Return to Top
Education Law
We have extensive experience in all aspects of education law. We represent numerous school districts across the state, as well as private entities doing business before school districts or at the state level. We have practiced before the State Board of Education and have significant experience assisting clients with matters at the Florida Department of Education. Our Education Practice Group includes experience in construction litigation (including appellatematter), charter schools, personnel matters, lobbying, contractual issues, procurement, and environmental matters including mold remediation, asbestos abatement, school construction permitting issues. Return to Top
Election Law
Our in-house government consultants and lawyers have the ability to guide clients through the requirements for qualifying to run for office and campaign finance reporting requirements; the constitutional amendment petition process; third party voter registration procedures; and general campaign and voting procedures. In addition, government consultants can assist in coordinating local and Commercial Development District elections that are required by Florida law to be conducted by a Florida Supervisor of Elections. Return to Top
Government Representation
We provide guidance and technical assistance in responding to government procurement documents, or when challenging recommendations for award through a bid protest. We have extensive experience in government contracting, and can address the risks of negotiating, contracting, and performing under agreements for goods and services. Return to Top
Health Regulation
The firm has a number of attorneys statewide with substantial health law experience who represent a broad spectrum of health care providers, including hospitals, nursing homes, assisted living facilities, hospice organizations, home health agencies and physician practices. Regulatory issues dealt with include licensure matters, certification, Medicare and Medicaid reimbursement, EMTALA, HIPAA, OBRA and COBRA regulations, fraud and abuse, certificate of need, Peer Review, and corporate compliance. We have an excellent working relationship with the agencies that regulate most health care providers in Florida , including the Agency for Health Care Administration, the Department of Health, and the Department of Elder Affairs. Return to Top
Historic Preservation
Our lawyers and land planners handle historic preservation issues and the federal, state and local levels: listing on the National Register; obtaining local landmark status under applicable local government ordinances; assisting with reclassification or demolition of structures where permitted or appropriate under applicable law; obtaining ad valorem and federal tax credits for preservation rehabilitation projects; and ordinance drafting. At the state level, we coordinate with the State Division of Historical Resources during the land development process for clearance letters for development sites and, where clearance letters are not appropriate, for agreements with the Division on how a site containing historical or archeological resources may be developed. Work includes archeological assessments, transfer of artifacts and development permitting so artifacts remain on site and are not disturbed and related matters. Return to Top
Insurance Regulation
The firm has an extensive insurance practice, including licensure, coverage matters, property damage claims, bad faith, business litigation, and regulation. Our insurance practice group was ranked by Chambers USA among the top insurance practices in Florida in its inaugural Chambers USA guide to America’s Leading Business Lawyers. We have considerable depth in the area of insurance regulation with a team of professionals having experience in the following areas:
- Formation and licensing of foreign and domestic insurers and specialty insurers
- Self-insured licensure status for workers’ compensation
- Ratemaking, including administrative rate proceedings, judicial proceedings, and rate arbitration
- Form and product filing approvals
- Statutory accounting, admitted asset, diversification and solvency issues
- Residual market issues in connection with catastrophic coverage, residential and commercial property coverage, and depopulating state residual markets
- Insurance taxation, including premium tax, corporate income tax, retaliatory tax, and special purpose assessments
- Issues pertaining to the affiliation of banking and insurance
- Administrative rule challenge proceedings
- Market conduct investigations and cases
- Representation of companies and agents regarding Unfair Trade Practices Act
- Market exit disputes with regulators
- Solvency and receivership actions against regulated insurance entities under Chapter 631, Florida Statutes
- Ongoing compliance issues Return to Top
Land Use and Zoning
Our staff has extensive on-the-ground experience in comprehensive plans and plan amendments, including writing and processing them as well as litigation of compliance and consistency challenges. In combination with our in-house planning staff, we have very deep capabilities in preparing and handling rezoning applications, site plan review, variances, special use permits, impact fees, transportation planning and financing, expert witness testimony, due diligence research for real estate transactions, comprehensive planning and preparing and processing DRI and FQD applications. Return to Top
Lobbying
We identify, track, analyze, and summarize legislative proposals and political and policy considerations, assessing their impact on your operations. We also assist in drafting legislation and amendments to legislation, help pass or defeat legislative proposals, and use our extensive political relationships efficiently. Return to Top
Railroad
Firm members are experienced in matters relating to railroads both from a contractual and regulatory standpoint. We negotiate spur track, crossing and maintenance agreements for clients, as well as assisting with the opening and closing of rail corridor crossings, both on existing and abandoned corridors. Return to Top
Resort Development
We have extensive experience in assembling interdisciplinary development teams to deal with all aspects of resort development including recreational development, condominium and timeshare developments, golf course permitting, marinas, gaming boats and real estate transactions. Return to Top
Rulemaking and Rule Challenges
The Government Practice Group provides legal assistance to clients by monitoring and participating in agency rulemaking proceedings in order to ensure that the clients' perspectives are presented to the agency and reflected in the record of rulemaking. In addition, we represent clients in administrative challenges to existing and proposed rules, as well as to those agency statements that meet the definition of a rule but have not been formally adopted. Our experience in rulemaking and rule challenge matters ranges across a wide array of subjects, including, for example, such diverse matters as building code criteria, professional and business licensure, environmental permitting, state tax, and insurance.
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Takings, Inverse Condemnation, and Claims under the Bert J. Harris, Jr., Private Property Rights Protection Act.
We have brought and defended takings, inverse condemnation, and Bert J. Harris, Jr., Private Property Rights Protection Act claims. The Bert J. Harris, Jr., Private Property Rights Protection Act is designed to be more favorable to landowners than constitutional takings claims, but one must carefully comply with certain procedural prerequisites in order to perfect a claim under the state statute. We help clients navigate through the prerequisites necessary to bring a Bert Harris action. Carlton Fields attorneys authored a primer for the Florida litigator on inverse condemnation in Florida published in Nova Law Review. Return to Top
Transportation
We have extensive experience in dealing with regulations of agencies such as the Florida Department of Transportation and Federal Highway Administration in areas such as Access Management, Rail Corridors and Crossings, Outdoor Advertising, and Drainage. We also have expertise in the planning and environmental approval processes for both publicly and privately sponsored (funded) transportation projects. In terms of transportation requirements for large-scale development, the firm has been on the leading edge of the implementation of the concurrency and proportionate share requirements in recent growth management legislation. Return to Top
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