education

University of Florida Fredric G. Levin College of Law (J.D., 2003), high honors
University of Florida (M.S., 2000)
George Washington University (B.S., 1997)
Humboldt University of Berlin
University of Costa Rica

related practices

related industries

bar admissions

Florida

court admissions

Florida State Courts

spoken languages

Macedonian

Nicole C. Kibert

Of Counsel

nkibert@carltonfields.com

Tampa

T: 813.229.4205

F: 813.229.4133

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Nicole Kibert represents developers in the creation of planned communities, condominiums (mixed-use, conversions, age restricted, commercial and residential) and subdivisions with a special emphasis on projects involving sustainable development, green building, downtown and brownfields redevelopment, renewable energy generation, and historic preservation. She also represents lenders, receivers and purchasers in workouts of distressed real estate assets including condominiums, marinas, and mixed use developments. Ms. Kibert assists renewable energy developers and utilities in negotiating power purchase agreements and other financing vehicles.

Ms. Kibert was seconded from the firm in 2008 - 2009 to serve as Acting General Counsel for a Florida real estate development company owned by a private equity firm, where she handled a full array of transactional, litigation, and regulatory matters. Her in-house counsel experience gives her a pragmatic business perspective on legal matters which she utilizes in her day-to-day practice.

Nicole Kibert leads Carlton Fields’ “Go Green” initiative, a program that seeks to reduce the environmental impact of our business practices by implementation of waste reduction and recycling policies, adoption of a green procurement policy, and reducing our energy consumption. She incorporates her extensive experience in environmental protection initiatives into her law practice. Ms. Kibert promotes smart growth and sustainable development while also encouraging preservation of open space. To encourage smart growth, she assists development clients with incorporating sustainable development elements into their projects and also serves as legal counsel to a group working to promote green building practices. To preserve open space, she provides transactional legal services to a land conservation organization for land acquisition and conservation easements.

Nicole Kibert is a certified mediator and a LEED® Accredited Professional.

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Representative Experience

Ms. Kibert has worked on a plethora of condominium projects (ranging from duplexes condominiums, to high-rise condominiums, to hotel condominiums, to condominium conversions) and has also developed many mixed use and commercial condominiums, subdivision projects, and master planned communities and developments.
Ms. Kibert provides clients with legal advice on development related issues ranging from development structure, easements, land use and zoning issues, and the special legal considerations for projects that are incorporating sustainable development, green building, renewable energy generation, and conservation elements.
Ms. Kibert was seconded from the firm in 2008-2009 to serve as Acting General Counsel for a Florida real estate development company owned by a private equity firm, where she handled a full array of transactional, litigation and regulatory matters. Ms. Kibert’s in-house counsel experience gives her a pragmatic business perspective on legal matters which she utilizes in her day-to-day practice.

Pro Bono

The Tampa Bay Conservancy, Inc. - Legal counsel for this land trust organization, handled the land donation transaction for the Myron and Helen Gibbons Nature Preserve, as well as related matters pertaining to new properties under consideration for preservation.
U.S. Green Building Council - Florida Gulf Coast Chapter, Inc. – Legal counsel for general corporate matters and for advocacy matters for promotion of green building and sustainable development.

Publications

05.07.2013	Client Resource: “2013 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares” (May 7, 2013).
04.18.2013	Client Resource: "Green Building Resource List," (April 2013).
03.18.3013	Co-Author, “Condominium Development in a Brave, New World: Three Issues to Consider,” Carlton Fields Web resource (March 18, 2013).
01.08.2013	Co-author, “Checklist for Foreclosure or Deed-in-Lieu of Foreclosure Involving Subdivision and Condominium Properties,” Carlton Fields Web article (January 8, 2013).
12.01.2012	“Greening Your Law Firm,” The Florida Bar Journal, Volume 86, No. 10 (December 2012).
09.01.2012	Co-Author, “Construction Contracts Are Greener Thanks to the AIA SP Series,” ActionLine (2012).
09.01.2012	“Florida Sustainable Development & Grown Management in a Post-DCA Era,” ActionLine (2012).
08.15.2012	Client Resource: “Index of Sustainable Development Provisions in Florida Municipal Codes,” (2012).
05.22.2012	Client Resource: “Checklist for Condominium Development,” (May 2012).
05.22.2012	Client Resource: “Checklist for Community HOA Development,” (May 2012).
04.09.2012	Client Alert: “Governor Scott Signs Extension of Florida's Distressed Condominium Relief Act,” (April 9, 2012).
04.05.2012	Chapter Author, “Greening Local Government” Chapter 11 “Water Quality and Local Governments: Stormwater Control & Low Impact Development,” (April 5, 2012).
02.01.2012	Client Article: Issues to Consider for Foreclosure or Deed-in-Lieu of Foreclosure Involving Subdivision and Condominium Properties (February 1, 2012).
10.01.2011	Co-Author, "Summary of the 2011 Florida Laws Impacting Condominiums, Homeowners Associations and Cooperatives," eReport, ABA Section of Real Property, Trust and Estate Law (October 2011).
08.09.2011	Client Alert: 2011 Legislative Changes For Condominiums, Cooperative and Homeowners Associations (August 9, 2011).
07.19.2011	Co-Author, “2011 Florida Condominiums and Community Association Law Update,” ActionLine: A publication of The Florida Bar Real Property, Probate & Trust Law Section, Vol. XXXII, No. 5 (Summer 2011).
07.14.2010	"Energy: Proactive Strategies to Meet Renewable Portfolio Standards," Counsel to Counsel (2010).
06.02.2010	Client Alert: Governor Crist Enacts SB 1196: Distressed Condominium Relief Act (2010).
06.01.2010	Co-Author, "Community Association Legislative Update," Florida Bar RPPTL ActionLine, Vol. 32, No. 1 (Summer 2010).
05.28.2010	Client Alert: PACE (Energy Finance Districts) Now Enabled in Florida (May 2010).
04.16.2010	Co-Author, “Developer Controlled Dysfunctional Associations,” prepared for the "Current Issues in Condominium and Community Association Law: What All Practitioners Need to Know" Seminar sponsored by the Condominium and Planned Development Committee of The Florida Bar, Tampa, FL (April 16, 2010).
09.22.2009	Client Alert: Florida Renewable Energy Regulations & Power Purchase Agreements (2009).
09.04.2009	Client Article: Index of Green Building Provisions in Florida Municipal Codes (2009).
08.05.2009	Co-Editor, "Green Building and Sustainable Development: The Practical Legal Guide," for the American Bar Association (ABA) Section of Real Property, Trust and Estate Law (August 2009).
04.07.2009	Client Article: What You Should Know About Sustainable Development Projects (2009).
03.03.2008	Co-Author, "Sustainable Development and the U.S. Green Building Movement," ABA Magazine, Probate & Property (2008).
12.15.2006	"High-Rise Retrofit with Alternative Energy System,” ActionLine, a publication of The Florida Bar, Real Property, Probate and Trust Law Section (Winter 2006).
09.12.2006	"High-Rise Retrofit Needed By December 31, 2007,” Hillsborough County Bar Association Journal (September 2006).
06.30.2005	Client Alert: Real Estate and Mortgage Financing Practice Case Summary (June 2005).
02.02.2005	Client Article: Applying Clinical Legal Education to Community Smart Growth: The University of Florida Conservation Clinic (2005).
07.23.2004	Client Article: Extended Producer Responsibility: A Tool for Achieving Sustainable Development, 19.2J. Land Use & Environment Law 503 (2004).
01.01.2001	Client Article: Green Justice: A Holistic Approach to Environmental Injustice, 17 J. Land Use & Environmental Law 169 (2001).
03.19.2000	Masters Thesis, "An Analysis of the Correlations between the Affective, Behavioral and Cognitive Components of Environmental Literacy,” (2000).
02.03.2000	Co-Author, “Florida Local Government Land Acquisition Programs: A Survey of Local Programs,” (2000).
01.01.1999	"Turning Brownfields into Vital Community Assets," Neighbor Works, Washington, D.C. (1999).

Speaking Engagements

Speaker, “Greening Your Law Firm,” St. Petersburg Bar, Real Property and Solo, Small Firm Practice Sections, St. Petersburg, FL (April 25, 2013)
Speaker, “Florida Green Building Law: Drafting Considerations and Case Studies,” The Florida Bar 6th Annual Construction Law Institute, Orlando, FL (March 9, 2013)
Speaker, “Renewable Energy Development in Florida – Environmental & Land Use Law Considerations,” Hillsborough County Bar Association Environmental and Land Use Section CLE Luncheon, Tampa, FL (December 11, 2012)
Co-Presenter, “Incorporating Sustainable Practices in your Brownfields Redevelopment,” at the Florida Brownfields Conference 2012, Tampa, FL (October 30, 2012)
Presenter, “Sustainability Update - Incorporating Sustainable Development Concepts into Real Estate Projects - Practical Approaches,” at the 35th Institute on Real Property Law, sponsored by the University of Miami Law School in Miami, FL (October 24, 2012)
Panelist, “Judicial Panel Discussion on Professionalism,” Practicing With Professionalism, The Florida Bar Continuing Legal Education Committee and the Young Lawyers Division, Tampa, FL (September 5, 2012)
Speaker, “LEED-ND: Green Building Goes Horizontal,” the Florida Bar’s Real Property & Probate Law Section’s Construction Law Committee Teleconference (August 13, 2012)
Panelist, “Low Impact Development,” at the Florida Chamber Foundation's 26th Annual Environmental Permitting Summer School, Marco Island, FL (July 20, 2012)
Panelist, “LEED Credentialing,” the American Bar Association's Section of Environment, Energy and Resource's Smart Growth and Green Buildings Committee Teleconference (May 4, 2012)
Speaker, “Getting It Write the First or Second Time, A Primer on Document Writing and Re-writing,” Condominium & Planning Development Law, The Florida Bar Continuing Legal Education Committee and the Real Property Probate & Trust Law Section, Tampa, FL (April 27, 2012)
Speaker, “Practical Considerations for Incorporating Sustainable Development Into Real Estate Projects - Nichole Kilbert, Carlton Fields,” The Florida Bar Continuing Legal Education Committee and the Real Property Probate & Trust Law Section, Tampa, FL (April 20, 2012)
Speaker, “What is Green Leasing?” at the Learn @ Lunch series hosted by the U.S. Green Building Council, Florida Gulf Coast Chapter (January 10, 2012)
Speaker, “Developing Renewable Energy Projects: Elements Of A Power Purchase Agreement,” the Florida Bar's Environmental and Land Use Law Section's Energy Law Committee Webinar (December 13, 2011)
Speaker, “Low Impact Development,” at the University of Miami Real Property Institute, Miami, FL (October 26, 2011)
Panelist, "Low Impact Development," at the Florida Chamber Foundation's 25th Annual Environmental Permitting Summer School, Marco Island, FL (July 20, 2011)
Speaker, “LEED-ND: Drafting Considerations,” and Program Chair, The Florida Bar’s Greening the Law CLE (May 6, 2011)
Speaker, “Greening for Association Practitioners,” Florida Bar’s Condominium Committee CLE, Tampa, FL (April 15, 2011)
Moderator, “Getting the Most Bang for Your Buck: Varying Perspectives on Energy Conservation and Green Building,” at the 17th Annual Public Interest Environmental Conference, University of Florida Levin College of Law, Gainesville, FL (February 25, 2011)
Panelist, “Low Impact Development Practices,” and Moderator, “Renewable Portfolio Standards and Alternative Energy Development in Florida,” at the 27th Annual Growth Management, Energy, Climate Change and the Environment Short Course conference, Orlando, FL (February 22, 2011)
Panelist, "A Practitioner's Guide to Sustainability in Leasing and Law Firm Management," Hillsborough County Bar Association (HCBA) Real Property Probate and Trust Section Luncheon, Tampa, FL (February 10, 2011)
Speaker, “What is LID and How it May Impact Development Structure in the Future Particularly in Light of State and Federal Regulatory Developments,” at the Urban Land Institute (ULI) Tampa Bay 2011 Trends Conference, Tampa, FL (January 20, 2011)
Speaker, “Real Estate Development Legislation and Hometown Democracy Update,” The Florida Bar Real Property, Probate and Trust Law Section’s Annual Legislative and Case Law Update, Palm Beach, FL (August 6, 2010)
Panelist, “Downtown Debriefing - The 2010 Election: What’s at Stake?”, Tampa Downtown Partnership, Maestro’s at the Straz Center for the Performing Arts, Tampa, FL (September 29, 2010)
Panelist, “Working Green: How Can Sustainability Make My Company More Profitable?”, Go for the Greens - Business Development Conference For Women Entrepreneurs, Disney’s Boardwalk Resort, Lake Buena Vista, FL (September 25, 2010)
Panelist, “Green Building Codes and Ordinances: Challenges and Opportunities for Property Owners and Local Governments,” The American Bar Association Section of Real Property, Trust & Estate Law, Section of State and Local Government Law, and Section of Environment, Energy, and Resources, Teleconference (September 15, 2010)
Co-Presenter, “Statewide Stormwater Rule and Low Impact Development,” at the Environmental and Land Use Law Section (ELULS) Annual Update, Ponte Vedra Beach, FL (August 13, 2010)
Speaker, “Low Impact Development,” at the Florida Chamber’s 24th Annual Environmental Permitting Summer School, Marco Island, FL (July 23, 2010)
Panel Discussion Moderator, “Climate Change Policy & Renewable Energy Generation Impact on Building Projects,” Florida Gulf Coast Chapter of the U.S. Green Building Council's 5th Annual Smart Sustainable Tampa Bay Conference, St. Petersburg, FL (April 23, 2010)
Panelist, “From Zeal to Commonweal: Reconciling Client Interests with Environmental Stewardship,” University of Florida Public Interest Environmental Conference, Gainesville, FL (February 26, 2010)
Panelist, “Low Impact Development,” Florida Chamber of Commerce’s 26th Annual Growth Management, Energy, Climate Change and Environment Short Course, Orlando, FL (February 24, 2010)
Moderator, “Renewable Portfolio Standards and Alternative Energy Development in Florida,” Florida Chamber of Commerce’s 26th Annual Growth Management, Energy, Climate Change and Environment Short Course, Orlando, FL (February 23, 2010)
Speaker, “Interstate Land Sales Full Disclosure Act,” Continuing Legal Education (CLE) real estate program, Real Estate Practice in Hard Times, sponsored by The Florida Bar (February 19, 2010)
Speaker, “Greenwashing - in the context of green buildings and renewable energy,” Tampa Bay Regional Planning Council (February 8, 2010)
Speaker, “Sparking the Economy: Sustainable Initiatives,” at the Society for Marketing Professional Services (SMPS) of Tampa Bay, Tampa, FL (January 19, 2010)
Speaker, “Redeveloping Brownfields with Renewable Energy – Wind, Solar, and Other Possibilities,” at the 12th Annual Florida Brownfields Conference and Exhibition, Tampa, FL (November 1-4, 2009)
Speaker, “Sustainable Development - Moving from Conceptual to Concrete: Implementing Sustainable Development through LEED – ND,” at the 22nd Institute on Real Property Law, Fort Lauderdale, FL (October 14, 2009)
Speaker, “Greenwashing,” which is a term used to describe the practice of companies disingenuously “spinning” their products and policies as environmentally friendly at The Florida Bar Environmental & Land Use Section Annual Law Conference on the Amelia Island Plantation (August 20-22, 2009)
Speaker, “Growth Management and Property Taxes: The New Deal in 2009” at the 29th Annual Legislative and Case Law Update for the Real Property, Probate and Trust Law Section of The Florida Bar in West Palm Beach, FL (July 30, 2009)
Speaker, Working on the Green Executive Forum, at the Rosen Shingle Creek Resort, hosted by the Sustainable Florida-Collins Center and the Florida Chamber Foundation, Orlando, FL (June 9, 2009)
Moderator, Smart Sustainable Tampa Bay Lunchtime Roundtable Discussion, at the 4th Annual Smart Sustainable program (April 3, 2009)
“Low Impact Development,” at the Florida Chamber of Commerce’s 2009 Growth Management, Energy, Climate Change, and the Environment Short Course held in Daytona Beach (February 18-20, 2009)
Co-Presenter, “Sustainable Development - Public Policy & Issues” at the University of Miami School of Law Institute on Real Property Law on (October 16-18, 2008)
Featured Speaker, "Sustainable Development & Green Building (Abridged)" for the National Association of Women in Construction (NAWIC), Tampa Chapter 36, Tampa, FL (July 14, 2008)
Co-Presenter, “Integrating Green Building and Brownfields Redevelopment," at the National Association of Local Government Environmental Professionals Pinellas County FL Regional Brownfields Workshop at the Epicenter, in Pinellas County, Florida (June 11, 2008)
“Sustainable Development, Green Building & Climate Change 101,” sponsored by the Construction Management Association of American (CMAA) West Central Florida Chapter and the Florida Gulf Coast Chapter of the U.S. Green Building Council, Tampa, FL (March 4, 2008)
Co-Presenter, "Issues of the Distressed Condominium: Successor Developer Rights and Liabilities; Lender Concerns and Association Control/Voting Issues," at the University of Miami Institute (November 1, 2007)
"Sustainable Development & Green Building 101 (Abridged)," Panelist, Tax Incentives for Energy Efficient Homes and Commercial Buildings, ABA Annual Meeting, San Francisco, CA (August 11, 2007)
"Sustainable Development, Green Building & Climate Change 101 (Abridged)," Panelist, Hot Topics in Environmental Law, ABA Annual Meeting, San Francisco, CA (August 10, 2007)
"Ethical Traps for the Unwary: If it's not prohibited, Isn't it ethical to do what I do? or: What the heck is wrong with puffing and bluffing, and how can there be a conflict when I got the fee up front?" Panelist, ABA Spring RPPTL Meeting, Washington D.C. (April 27, 2007)
"Implementing Sustainable Development and Green Building through Land Development Regulations," Moderator, ABA Spring RPPTL Meeting, Washington D.C. (April 27, 2007)
"The Role of Sustainable Development in Community Projects," The Ins and Outs of Florida Condominium Law 2007, Florida Bar, Real Property, Probate and Trust Law Section, Orlando, FL (March 15, 2007)
"Low Impact Development: Making Neighborhood Environmental Management Happen," University of Florida Public Interest Environmental Conference, Gainesville, FL (March 1, 2007)
"Sustainable Development and Green Building Basics: Certification, Incentives and Your Practice," Panelist and Moderator, ABA Teleconference CLE (February 20, 2007)
“Sustainable Development Tools (Not Just Painting the Buildings Green!),” Hillsborough County Bar Association CLE on Real Property Development Issues (February 16, 2007)
“Surveyors, Surveys, and Real Property Litigation,” Sarasota-Manatee Chapter of Florida Surveying & Mapping Society, Bradenton, FL (February 7, 2007)
"Environmental And Land Use Law Aspects Of Real Estate Transactions," Program Chair, The Florida Bar Real Property, Probate & Trust Law Section and Environmental and Land Use Law Section (January 26, 2007)
"Florida Condominium Law Deconstructed" and "Sustainable Development Tools," Lorman Seminar Deconstructing Florida Condominium Law, Tampa, FL (November 30, 2006) and Pensacola, FL (December 15, 2006)
“Environmental Justice Issues in a Post-Hurricane,” Florida Bar Environmental and Land Use Law Section workshop, Pensacola, FL (September 21, 2006)
"At the Altar of Nature: Religion and Spirituality," Moderator, University of Florida Public Interest Environmental Conference, Gainesville, Florida (March 10, 2006)
“Creating Condominiums under Florida Law,” Hillsborough County Bar Association CLE Real Property Development Issues (February 24, 2006)
"The Continuing Condominium Conversion Craze," The Ins and Outs of Florida Condominium Law 2006, Florida Bar, Real Property, Probate and Trust Law Section, Orlando, FL (March 23, 2006)
“Creating Condominiums under Florida Law,” Half Moon Seminar (August 11, 2005)
“Amending & Updating Condominium Documents,” Community Association Institute, Tampa Bay Chapter
“Environmental Justice,” Access to Justice Committee Workshop for Legal Aid Attorneys
“International Trade and Environment,” Guest Lecturer, University of Florida College of Law

Professional Recognition

BV Rated by Martindale-Hubbell
Selected by Florida Super Lawyers as a 2009-2012 Florida Rising Star
Listed in Chambers USA Guide to America's Leading Business Lawyers (Up & Coming, Zoning & Land Use) 2012 editions
Recipient of The Stephens/Register Memorial Award, by The Florida Bar's Environmental and Land Use Law Section (2010)
Rising Star Award, The Florida Bar's Real Property, Probate and Trust Law Section (2009)
Selected for inclusion in Florida Trend's 2007, 2008, and 2011 Legal Elite, Up-and-Comer
Recipient of the Lifetime Achievement Award, U.S. Green Building Council, Florida Gulf Coast Chapter (2008)
Recognized at The City of Tampa's Women's History Month Celebration, Women: Taking the Lead to Save the Planet (2009)
Recipient of the Judy Florence Memorial Outstanding Service Award, by The Florida Bar's Environmental and Land Use Law Section (2005)
30 Under 30 Award, Tampa Bay Business Journal (2005)
Order of the Coif

Professional and Civic Activities

The Florida Bar
Environmental and Land Use Law Section
Chair-Elect (2012-present)
Secretary (2011-2012)
Treasurer (2010-2011)
Executive Council Member (2004-present)
Real Property, Probate and Trust Law Section, Executive Council Member
Development & Governmental Regulation of Real Estate Committee, Vice Chair
Condominium and Planned Development Committee, Member
Hillsborough County Bar Association
Environmental Law and Land Use Law Section and Real Property, Probate and Trust Law Section, Member
Tampa Theater's Balcony Club, Planning Committee
University of Florida Center for Governmental Responsibility, Board of Advisors
University of Florida Law Alumni Council
Election Protection, Volunteer
Urban Land Institute

News
- 11.09.2012
  
  Nicole C. Kibert Speaks at the 35th Annual Institute on Real Property Law, Provides Update on Sustainability
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