Overview
Ken Tinkler is a government law specialist who focuses on resolving disputes with and among government agencies involving land use regulation, environmental permitting, ethics regulation, and election law. He represents individuals and corporations petitioning federal, state, and local government agencies; financial institutions and homebuilders determining project viability; and state, county government, and constitutional officers regarding complex and politically sensitive matters.
Ken has helped clients navigate a broad range of government law matters, including zoning, future land use plans, governmental closure orders, ad valorem tax assessments, property tax appeals, code enforcement, variances, annexations, alcohol beverage licensing, tax incentives, license acquisition and transfer, stimulus and CARES Act issues, and economic development. He has handled many large-scale land use due diligence projects for complex real estate transactions collectively worth billions of dollars on behalf of purchasers, investors, and lenders.
Ken routinely handles public hearings and government agency meetings for clients. He also advises on parliamentary procedure questions, Florida’s Sunshine Law and public records regulation, and Florida Constitution and home rule issues related to city and county charters, along with assisting local governments with implementing new legislation and ordinance drafting.
Ken also helps clients solve issues involving federal, state, regional, and local environmental regulators, including energy facility siting, submerged lands leases, and redevelopment of brownfields.
His election law experience includes representing state and local government officials handling election procedures and Federal Voting Rights Act requirements, and advising clients on campaign finance reporting and qualifying for election. He regularly advises clients on lobbying regulations and other ethics-related legal requirements facing their operations.
Outside his practice, Ken teaches and mentors elementary and middle school children and college students on civics and the value of community service, and is an active volunteer in his community.
Ken is board certified in City, County, and Local Government Law by The Florida Bar.
Featured Insights
Experience
Legal Work in Response to the COVID-19 Pandemic
- Leads firm team providing government closure order guidance to national homebuilder, real estate management, and local government clients, with extensive work resolving operational questions related to public health-related orders.
- Leads firmwide response to the Small Business and Main Street programs of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including extensive work for client related to the Payroll Protection Program, rules of the Small Business Administration, the Treasury Department, and the Federal Reserve.
Financial Institution Representation
- Represents multinational financial institutions in regard to land use analysis and diligence for complex real estate project acquisition and construction loans.
- Routinely provides advice on local government law requirements for project implementation, along with risk analysis concerning project viability.
- Routinely works with financial institutions in regard to the land use and local government approvals for their real estate holdings and the potential for valuation improvements.
Homebuilder Representation
- Represents numerous national homebuilding clients in regard to land use approvals and local regulations.
- Provides statewide counsel on diligence issues and navigating the complex issues related to infill developments and redevelopments.
- Handled the large-scale licensing transfers and land use issues caused by the acquisition of a national homebuilder by another.
Land Use and Environmental Dispute Resolution Special Magistrate
- Experience as a land use and environmental dispute resolution special magistrate pursuant to Florida Statutes section 70.51.
Land Use
- Represents clients throughout the state dealing with complex zoning, comprehensive plan, and redevelopment matters.
- Routinely provides land use counsel related to large-scale development projects throughout Florida for due diligence purposes and feasibility investigations.
- Advises clients on land use regulations related to their property and options available for their project plans.
- Assists clients with variances, special approvals, administrative determinations, property tax appeals, code enforcement, annexations, and other local approvals.
- Handles issues for clients related to alcohol beverage licensing involving state and local approvals throughout Florida.
- Analyzes the potential for use of tax incentives and other economic development measures to support project viability and assist clients with multifaceted application processes
Environmental Permitting
- Obtained approval of brownfield site designations throughout the state from local and state government officials.
- Resolve clients’ issues involving submerged lands leases, water management district, and environmental resource permit approvals.
- Assisted client with the complex local environmental regulatory issues related to Chinese drywall.
- Assisted client in determining viability of large energy pipeline installation, including coordination of the federal, state, and local agencies involved.
- Obtained long-term environmental approvals for client from federal and state officials for a major Central Florida tourist institution, allowing project expansion plans for the next several decades to move forward.
Other Permitting and Representation
- Represented major wireless provider in code enforcement dispute over tower design and configuration.
- Represented national nonprofit in code enforcement dispute over permitted child welfare operations.
- Guided client through new business startup issues connected with the state health department.
- Long-term representation of clients serving as government contractors and public-private partnerships taking on government roles.
Election Law
- Represents Florida political committees involved with local issue and referendum campaigns and state political races.
- Represented state officials regarding matters involving election procedures and processes during a presidential election year.
- Represented candidates running for statewide office.
- Represented a Florida local government dealing with Department of Justice Voting Rights Act preclearance and election law issues and obtained the needed approval in a timely manner, saving the local government the expense of a special election.
- Represented a Florida supervisor of elections during presidential election year, including handling various legal disputes over voting procedures and ballot eligibility.
- Advised several clients on Florida and federal campaign finance regulations and ways to incorporate the regulations into corporate procedures and employee manuals.
- Assist clients with issues related to candidate appearances and campaign finance regulation.
Ethics Regulations
- Guided former county official through defense of ethics complaint and criminal investigation, along with related contract and severance dispute.
- Advised clients on state and local ethics and lobbying requirements applicable to their operations, including clients in the energy, nonprofit, real estate development, and construction sectors.
- Provide guidance and training to individuals subject to Florida’s ethics and lobbying regulations.
Sunshine Law and Public Records
- Assisted multiple private entity clients with resolving the impact of Florida’s Sunshine and public records laws on their operations, due to their government contracts and agreements.
- Resolved investigation of local civic group’s public responsibilities under Florida’s Sunshine and public records laws.
Other Local Government Projects
- Representation of Florida city dealing with litigation over constitutional challenge to their local zoning and business regulation process.
- Assisted client with preparation of proposed state legislation.
- Advised client on implementing ordinance updates required throughout the state due to legislative changes.
- Represented two charter review boards, including drafting of ballot language and county charter provisions.
- Drafted local ordinance and resolution provisions to assist local governments with implementing new hearing processes and procedures authorized by general law.
- Represents Florida special district, including refinancing its debt to reduce interest payments and allow for new recreation facility construction.